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"With the imminent introduction of the EU Collective Redress Directive, users will have the opportunity to group their litigation efforts through joint 'class a
by jruohonen 3y ago
"With the imminent introduction of the EU Collective Redress Directive, users will have the opportunity to group their litigation efforts through joint 'class action' lawsuits. This approach not only circumvents the reliance on DPAs, but also possesses the potential for a more impactful deterrent effect than GDPR fines that are largely theoretical."
Indeed, from a quick look of the Finnish law, there are several ways to enact proceedings: (a) several state agencies (e.g., DPA, consumer protection, telecom, medicine, and finance regulators) can litigate on their own for preventive measures and (b) consumer protection agency for normal claims, but also (c) not-for-profit interest groups approved by a state regulator can file claims. What is more, (d) the law allows European not-for-profits to litigate on behalf of Finnish people in a Finnish court and in some cases in any EU/ETA court. The last case is particularly interesting, as in theory it might allow some muscular body like BEUC to proceed with pan-European litigation.
See:
https://www.beuc.eu/blog/beucs-relentless-quest-for-collective-redress-that-works-for-consumers/ https://www.beuc.eu/blog/beucs-relentless-quest-for-collecti...
And in particular:
https://www.beuc.eu/sites/default/files/publications/BEUC-X-2022-085_Private_International_Law_and_Cross-Border_Collective_Redress.pdf https://www.beuc.eu/sites/default/files/publications/BEUC-X-...