Privacy protection has become both a legal and societal core issue in recent years. Citizens are becoming increasingly aware of their rights regarding personal data, and organizations that violate these rights - consciously or unconsciously - are faced with far-reaching and sometimes cross-border damage claims. This theme file focuses on the legal, societal and technological dynamics surrounding collective privacy claims.
We cover:
What falls under mass damage privacy breaches: from large-scale data breaches and unlawful data processing to structural and automated privacy violations, including AI-driven risks.
Legal bases for damages under the AVG (Article 82), including immaterial damages and proof issues.
The application of the Class Action Mass Claims Settlement Act (WAMCA), and how it enables collective action on behalf of large groups of injured parties, including in the international context.
Recent and high-profile cases: claims against big tech companies, data abuse by governments, algorithmic discrimination, and landmark rulings by European and Dutch judges.
Role and strategy of interest groups, claims foundations and regulators such as the Autoriteit Persoonsgegevens, in cooperation with European counterparts (EDPB).
Discussions about the balance between effective legal protection for citizens and the legal and operational burden on organizations.
The influence of European and international developments, such as stricter enforcement by regulators, the AI Act, the Digital Services Act, and the growing discussion of an explicit legal framework for compensation for digital and algorithmic damages.
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