Collective Data Protection Litigation

Abstract

At first glance data protection litigation seems to be a niche topic. Yet, record sum compensation such as those resulting from the Meta – Cambridge Analytica lawsuit (725 million usd) reveal enormous practical relevance. This proceeding took the form of a class action, brought before a Californian court. Such collective proceedings might sweep across the Atlantic, as the EU Directive on Representative Actions introduced a new collective litigation mechanism. We commence our comparative analysis by outlining the relevant legal landscapes in the EU and the US, give an account of the latest developments, and examine relevant case law and scientific literature (paras. 1.–4.). Subsequently, the law and economics of data protection litigation are explained (para. 5.), which will serve as standard of comparison. On this basis, in para. 6. the article contrasts the efficiency of collective litigation mechanisms, enabling enforcement against data protection infringements, with the objectives of evaluating the legal status quo and distilling proposals for future legal policy.