The future for collective action under the GDPR

23/10/2018

Brussels, Belgium

A side event to the International Conference of Data Protection and Privacy Commissioners.

In association with:

Aim

To raise awareness of upcoming challenges flowing from the GDPR’s Art. 80 on individuals’ right of redress via collective (class) action.

Date and Location

Tuesday 23 October 2018
14.30 - 17.30  

Venue: The Hotel, Boulevard de Waterloo 38, 1000 Bruxelles, Belgium
5 minutes walking distance from the Palais d’Egmont (venue of closed sessions)

 

Programme PDF

Registration: 

This workshop is free to attend but by registration only as places are limited. 

Registration is now full, if you would like to go on the waiting list please email info@privacylaws.com.

 

 

 

Speakers

- Isabelle Buscke, Head of Brussels Office,
  Verbraucherzentrale Bundesverband e.V.
  (Federation of German Consumer Organisations)

- Professor Gloria González Fuster, Brussels Privacy Hub, Belgium

- Stewart Dresner, Chief Executive, Privacy Laws & Business, UK

- Dr. Orla Lynskey, Associate Professor of Law, London School of Economics, UK

- David Martin Ruiz, Senior Legal Officer, BEUC -
  The European Consumer Organisation, Belgium

- Dr. Boris Uphoff, Partner, McDermott Will & Emery, Germany

- Wojciech Wiewiórowski, Assistant European Data Protection Supervisor, Brussels

- Ashley Winton, Partner, McDermott Will & Emery, UK

Speaker Biographies

Sponsors

 

 

Programme:

Slides accessible for PL&B International Report subscribers only.

14.00 Registration 
Session 1: Mapping European experience of collective action for data protection rights
14.30 Introduction: The scope of Art. 80 GDPR  - SLIDES
Chair: Stewart Dresner, Chief Executive, Privacy Laws & Business, UK
14.35 The importance of collective action
  • What the EDPS has learned from discussions at the European Data Protection Board and other sources about the importance of collective action as an additional method of redress
  • How the EDPS sees this new collective right developing
Wojciech Wiewiórowski, Assistant European Data Protection Supervisor, Brussels
14.45 Building on European consumer experience - SLIDES
David Martin Ruiz, Senior Legal Officer, BEUC - The European Consumer Organisation, Belgium
14.55 Building on consumer experience in Germany - SLIDES
Isabelle Buscke, Head of Brussels Office, Verbraucherzentrale Bundesverband e.V. (Federation of German Consumer Organisations)
15.05 Enforcing claims as a group - SLIDES
  • While there is no collective redress similar to US class actions in continental Europe, there are hybrid means to enforce claims as a group, for example the right for consumer organisations to sue, the right to assign anti-trust or similar claims to an entity that enforces such claims for a multitude of victims, or so-called sample claims in shareholder disputes.
  • What can we learn from these hybrid means and how can they be transformed into collective redress as required by European data privacy laws?
Dr Boris Uphoff, Partner, McDermott Will & Emery Rechtsanwälte Steuerberater LLP, Munich, Germany 
15.15 Precedents in the United Kingdom - SLIDES
  • New types of failures that will give rise to valid claims under the GDPR in English law
  • Types of existing claims and how they have been brought in the English courts
  • Using the GDPR to bring new types of claims and how this will work in practice
Ashley Winton, Partner, McDermott Will & Emery, London
15.25 Questions and Answers with the audience
Issues which need to be tackled – need for harmonisation? 
  • Cross-border complaints
  • Need for individual opt-in to a case
  • Non-Governmental Organisations without a mandate
  • Redress of a problem with and without compensation
  • Scope for using Art. 80 in the employment area
Panel of session 1 speakers
15.50 Break
Session 2: Quantifying harm and compensation
16.10 Introduction:
  • Criteria for assessing harm
  • Experience of quantifying material damage 
Chair: Professor Gloria González Fuster, Brussels Privacy Hub, Belgium
16.20 Lessons from other branches of EU law - SLIDES
  • On which subjects would collective action be appropriate or not?
  • How would collective action work regarding forced consent to use an Internet based service? (for example, the Irish Facebook case)
  • Precedents from the Court of Justice of the European Union?
Dr. Orla Lynskey, Associate Professor of Law, London School of Economics, UK
16.40 Implementation of collective action - SLIDES
  • Which procedural rules need to be implemented?
  • How will damages be calculated and how will proceeds from damages claims be distributed?
Dr Boris Uphoff, Partner, McDermott Will & Emery Rechtsanwälte Steuerberater LLP, Munich, Germany 
17.00 Questions and Answers with the audience
Issues which need to be tackled – need for harmonisation? 
  • Scope for no win no fee cases in Europe?
  • Will collective redress for data privacy claims introduce contingency fee litigation to the European legal systems?
  • The future development of data protection collective action/group litigation 
Panel of speakers
17.30 Close

 

 This event qualifies for 3 SRA CPD hours.
Every Privacy Laws & Business event qualifies for accredited CPD hours for the purposes of the England and Wales Solicitors Regulation Authority’s requirements.
Please quote AQJ/PLBU when applying for the points with the SRA.

Programme as of 9 October 2018, prepared by Stewart Dresner, Privacy Laws & Business and
Professor Gloria González Fuster, Brussels Privacy Hub