Class Actions in Belgium – the next level in GDPR enforcement
In Belgium a tangible risk now exists for collective redress actions as Belgian law contains a comprehensive – and from a European perspective – unique class action scheme in its Code of Economic Law.
Since NOYB – the non-profit organisation of activist Max Schrems – has been granted the status of ‘group representative’ by a Ministerial Decree last September 2020, this new type of private privacy watchdogs should be factored into your enforcement risk assessment.
The Belgian collective redress scheme allows a group of consumers (or SMEs) to claim, in their personal capacity, damages suffered as a result of a common cause. The causes that may be invoked concern breaches by a company of its contractual obligations or infringements of (among others) the GDPR and the Belgian cookie rules.
Source: Belgium: Class Actions in Belgium – the next level in GDPR enforcement