The future for collective action under the GDPR

Collective Action Conference

23 October 2018

Brussels, Belgium

Overview

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)

Registration:

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

This event qualifies for 3 SRA CPD hours

In association with	Sponsored by

Conference Programme

Click to expand and view the full programme

 

Time	Session
14.00	Registration
14.30	Session 1: Mapping European experience of collective action for data protection rights
	1.	The scope of Art. 80 GDPR
	2.	Collective action - a form of redress additional to other options
		A form of redress additional to other options, for example, individual complaints to a DPA or court action by an individual
	3.	Building on national experience
		3.1.	Germany (a consumer organisation and/or a Land DPA)
		3.2.	France (Test Achats, a consumer organisation)
		3.3.	United Kingdom (a lawyer with experience of handling such a case in a  court)
		3.4.	Countries expected to become active in the area of collective action
	4.	Issues which need to be tackled – need or no need for harmonisation?
		4.1.	Cross-border complaints
		4.2.	Need for individual opt-in to a case
		4.3.	NGOs without a mandate
		4.4.	Redress of a problem with and without compensation
		4.5.	Scope for no win, no fee legal advice
		4.6.	Scope for using Art. 80 in the employment area
15.50	Break
16.10	Session 2: Quantifying harm and compensation
	Collective action is a fundamental right as part of the GDPR. But how should harm and compensation be quantified? What can we learn from countries outside the EU?
	1.	Criteria for assessing harm
	2.	Experience of quantifying material damage (Data Protection/Privacy examples from different countries and sectors)
	3.	Experience of quantifying immaterial damage – feelings, reputation (Data Protection/Privacy examples from different countries and sectors)
	4.	On which subjects would collective action be appropriate and inappropriate? How would collective action work regarding forced consent to use an Internet based service?
	5.	Precedents from the Court of Justice of the European Union?
	6.	What can we learn from consumer law and competition law cases?
	7.	Update on Germany’s Federal Cartel Office investigation of Facebook?
	8.	Scope for no win no fee cases in Europe? What can we learn from the USA? Other countries?
17.30	Close

Speakers

• Professor Gloria González Fuster, Brussels Privacy Hub, Belgium
• Stewart Dresner, Chief Executive, Privacy Laws & Business, 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