Data protection violations by Meta and Co: ECJ confirms consumer associations' extensive GDPR right to sue. Statement by Jutta Gurkmann, board member of vzbv, on the ECJ decision
In a landmark ruling, the European Court of Justice has significantly strengthened the right of consumer associations to bring legal action if companies violate the General Data Protection Regulation (GDPR). Consumer associations such as the Federal Association of Consumer Organizations (vzbv) can sue without a corresponding mandate and regardless of the violation of the specific rights of affected consumers if national law provides for this. Member states have a wide scope for implementing such powers. The court thus agreed with the opinion of the EU Advocate General Richard de la Tour from last December. Now it's the Federal Court of Justice's turn again.

Jutta Gurkmann, board member of vzbv, comments:
It's an open secret that some European data protection authorities don't really have an issue with the large technology companies' excessive data collection. In the past, this lack of enforcement also increasingly affected the acceptance of the GDPR. Today's decision ends the vexed debate about the right of consumer associations to file data protection lawsuits. Because it is now clear: In addition to the supervisory authorities, civil society organizations such as vzbv can also punish violations of the GDPR to a large extent. The vzbv has been successfully and efficiently suing Meta, Google and Co for a long time. Today's ECJ ruling creates legal certainty until the European collective action directive, which is to be implemented this year and which also contains such authority.
Jutta Gurkmann, board member of vzbv
background
The Federal Association of Consumer Organizations. V. (vzbv) had sued Facebook Ireland (now Meta Platforms Ireland). From vzbv's perspective, the company had violated regulations on the protection of personal data, combating unfair competition and consumer protection when providing free games from third-party providers in its “app center”. The Berlin Regional Court and the Berlin Chamber Court had each sentenced Facebook to cease and desist.
The Federal Court of Justice also assumes a violation of the General Data Protection Regulation (GDPR), but had submitted questions of interpretation regarding the vzbv's standing to bring legal proceedings to the European Court of Justice (ECJ).
Key data on the verdict
Date of judgment: April 28, 2022
File number: C-319/20
Court: European Court of Justice
ECJ April 28, 2022, C-319/20 (Meta Platforms Ireland/vzbv)
Previous judgments: Berlin Chamber of Commerce, OLG, November 6, 2017, 5 U 155/14
Judgment against Facebook: Data protection consent insufficient View judgment
Related to the topic: Data protection authorities across the EU are now allowed to take legal action against Facebook
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