European Collective Redress and Data Protection. Challenges and Opportunities

This paper analyses the potential of group actions as an instrument for data protection law enforcement in Europe. The first part investigates whether art. 80 GDPR may provide a legal basis for aggregate litigation in data protection law. The second part of the essay explores the relationship between directive (EU) 2020/1828 and the GDPR, and evaluates the potential of the new European representative action to enforce data protection rights and deter Big Tech’s unfair practices. Lastly, this essay outlines a private enforcement framework to ensure data protection and consumer rights in Europe, one that is able to balance the freedom of data, market needs and the protection of individuals.