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On 31 May 2024, a new Belgian law was published transposing the EU Collective Redress Directive into national law. The new Belgian law does not introduce an entirely new framework to allow so-called class actions as, unlike...more
This article is the first in a three-part series on collective claims and class actions in the EU and the US. As collective claims become more prevalent in the EU, companies offering platforms, products, and services in both...more
The fragmented priorities and pace of EU member states in adopting national laws following the EU’s enactment of the Representative Actions Directive—a universal minimum-standards legal framework for representative actions...more
Under the timeline imposed by the EU’s Directive of the European Parliament and of the Council on Representative Actions for the Protection of the Collective Interests of Consumers, the EU’s 27 member states were required to...more
By 25 December 2022, all EU Member States were expected to have adopted and published, the laws, regulations and administrative provisions necessary to comply with Directive (EU) 2020/1828 on representative actions for the...more
For many years now, the EU has sought to create a collective redress mechanism across the EU market. Half of the EU member states have little or no such mechanism....more
A draft for a bill from the pen of the Federal Ministry of Justice, currently discussed interdepartmental, provides insight on how Germany plans to implement Directive (EU) 2020/1828 on representative actions for the...more
For more than twenty years, the European Union (EU) witnessed the development of collective redress mechanisms to address mass claims situations. To ensure the proper implementation of these mechanisms in the Member States,...more
In this sixth alert in our series regarding the European Parliament’s formal endorsement of a new collective actions legislation titled the Directive of the European Parliament and of the Council on Representative Actions for...more
With Directive (EU) 2020/1828 on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC (“the Representative Actions Directive”) in force and to be implemented by...more
Recent developments in the area of collective redress will redefine the litigation landscape in Germany and throughout Europe. Mass actions have been on the rise throughout Europe for some time. In 2020, the balance...more
It took longer than expected, although not primarily because of the COVID-19 pandemic. More than two years after the EU Commission submitted its first proposal, the Directive on representative actions was adopted by the...more
As the Representative Action Directive enters into force, France will have to adopt a cross-border mechanism and expand the scope of entities qualified to bring consumer class actions. The European Parliament has endorsed...more
24 November 2020 marks the final approval of the new European collective actions legislation, the Directive of the European Parliament and of the Council on representative actions for the protection of the collective...more
The Situation: Negotiators for the European Parliament and the Council of the European Union (the "Council") have reached an agreement on new European rules on collective consumer action. The Council has thus published a...more
The EU may soon introduce and adopt a collective redress directive that will make it possible for consumers across the EU to bring forward class action cases on various legal matters. The European collective redress system,...more
Prepare for global data class actions has been moved. In the wake of the COVID-19 epidemic, there is an unfortunate increase in the cyber-security risks businesses may face. Our global team will help you best prepare for the...more
The Situation: Spain currently has a system that allows the filing of collective actions but it has not been employed frequently to date, and most consumer-related issues are still litigated on an individual basis. ...more
The Situation: Under the new Italian framework, class actions will no longer be limited to consumer protection matters, and collective redress may be sought through simplified proceedings. The Developments: A recently...more
Multinational corporations operating in the United States and abroad encounter complex and dispositive legal frameworks that govern not only substantive rights, but also procedural rules that dictate who may assert such...more
• A U.S.-style class action regime looms large in the European Union. • The current draft legislation imports certain hallmarks of the system celebrated by U.S. plaintiffs’ lawyers, but there is uncertainty over what...more
The Situation: In 2018, Germany introduced a model declaratory action giving qualified institutions the right to raise liability claims on behalf of groups of consumers in a representative action. Once the court has issued a...more
It has been six months since the European Union’s General Data Protection Regulation (GDPR) took effect on May 25, 2018, but the law is still in the early implementation stage. As discussed in a previous blog post, the GDPR...more
In this month's edition of our Privacy & Cybersecurity Update, we examine the European Data Protection Board's published opinions on data protection impact assessments, an Ohio court's ruling that bitcoin is covered insured...more
Could the GDPR give rise to forum shopping and are there any pre-litigation strategies that should be considered? Here, we review four key elements that should be kept in mind in respect of data class actions in the EU....more