3 ms·
What happens when a GDPR claim is dismissed by a court? Are the plaintiffs required to compensate the defendants? Can Facebook/Google counter-sue for damages?
by xtrapolate 8y ago
What happens when a GDPR claim is dismissed by a court? Are the plaintiffs required to compensate the defendants? Can Facebook/Google counter-sue for damages?
What's stopping anyone from randomly filing GDPR claims against every other website? How many such claims can the system handle at any given time before succumbing to years-long queues?
- Tomte 8y agoMax Schrems/NOYB is not really a "plaintiff". They have started no legal proceedings. They just wrote a letter to the data protection agencies that – in their opinion – someons is doind something wrong. Facebook/Google et al. have no quarrel with Max Schrems, but with the data protection agency, if it decides to act on this. Therefore it's obvious that Max Schrems cannot be liable for anything.
- oldcynic 8y agoThere's no court case here yet. In these 4 cases they have been reported to the regulator. For 3 of them the reports will be passed to the regulator in Eire as that's where they have an EU presence. So if it is "dismissed" that essentially means the regulator decides no action is required. Or the regulator might decide a phone call or letter will suffice for a first offence. Max Schrems could take a case to court against Facebook or whoever, with all the usual costs, penalties and potential for appeals etc.