This blog post builds on the analysis developed in our article ‘Towards Collective Redress for Data Harms under the GDPR’, published in Mass Claims Journal 2025/1, pp 67-77. In a global digital and information economy, certain data protection violations are less incidental than structural consequences of business models relying on large-scale data exploitation. Examples [...]
From Digital Harm to Collective EnforcementThe rapid and pervasive digitalization of global life has fundamentally reshaped the architecture of power, leading to complex challenges related to digital harms. Today, millions of (individual) consumers or small and medium enterprises (SME) face a handful of powerful entities, often referred to as GAFAs (Google, Apple, Facebook, Amazon) [...]
Introduction Tech policy discussions too rarely focus on how laws are to be enforced against big tech companies, or how private enforcement litigation against tech companies to promote digital rights can be funded. Passing laws alone is not sufficient if we want to regulate technology effectively: those laws need to be enforced, and [...]
Why Do Settlements Matter? In the practice of mass litigation, collective settlements play a major role. Empirical evidence shows that the majority of collective disputes are not adjudicated on the merits, but instead are resolved through amicable settlements. High-value settlements are increasingly observed in digital-rights litigation, as illustrated by the notable USD 1.5 [...]
Minors are traditionally framed as subjects in need of heightened protection in private law relationships. However, they are also individuals in development, whose agency and autonomy should be respected and fostered. This tension is particularly visible in the digital environment. The internet is now an integral part of children’s lives, offering a wide range [...]
1. Is collective litigation anti-democratic? In discussions about collective actions, a recurring concern is that its growth might be anti-democratic in the sense that it transfers excessive power to the judiciary and shifts political questions to the courts. Furthermore, there is a recent discussion on the ability of the state to get things [...]
The transatlantic speech regulation crisis is in full swing. Since proclaiming that American online platforms are victims of ‘overseas extortion and unfair fines and penalties’ in early 2025, the US officials and other prominent public figures have fiercely challenged the legitimacy of EU rules on content moderation. The EU refuses to back down. By [...]
IntroductionDigitalisation is reshaping the administration of justice across Europe. Electronic filing, online portals, and artificial intelligence (AI) tools now structure many of the everyday interactions between individuals and courts. This shift is often presented as a route to broader participation and more efficient, responsive institutions. Yet the experience of many users paints a more [...]
1. No Erin Brockovich for AI Groups The famous, largely cliché comparison in the context of collective redress is the 2000 classic “Erin Brockovich.” A film that dramatised beautifully a true story of environmental damage, powerless and vulnerable individuals, reckless and influential corporation, visible collective harm and the long path to justice through [...]
IntroductionThe success of collective redress in data protection depends on how we conceptualize harm. Across European Union member states, at least three related challenges emerge at the intersection of collective redress and the General Data Protection Regulation (GDPR). First, the degree of similarity required for establishing standing and aggregation in collective redress (a threshold [...]