See you in court! Discussing the potential and challenges of judicial actions for GDPR infringements

Activiteit: Participating in or organizing a public lecture/debate

Description

Panel description, as in CPDP 2022 programme:
"The GDPR has been in force for nearly four years, but the challenges of enforcing it set it up to be a paper tiger. The one-stop- shop seems to benefit companies, underdelivering on the GDPR’s promise to give individuals back control of their personal data. NGOs and individuals start to turn to courts to enforce GDPR-conferred rights, including to compensation. Yet, the divergences between national laws of EU countries make private cross-border actions challenging. National laws may sig- nificantly differ as to the burden of proof, the notions of infringement and damage, causality as well as compensation. With no clear rules determining the applicable law there is a growing risk of fragmentation of individuals’ level of protection. The upcoming Collective Redress Directive holds a promise to offset some of the existing challenges and facilitate collective actions, yet comes with its own uncertainties.
• Why going to court might be more effective than going to a DPA?
• Can courts rectify the deficiencies of enforcement via DPAs?
• How do national divergences in substantive and procedural laws impact cross-border private actions?
• What are the specific challenges faced by NGOs when bringing cross-border private actions, and what are the recent
private actions launched?
• What is the interlink between the Collective Redress Directive and the GDPR, and does it signal the advent of a new era
for GDPR enforcement?"
Periode24 mei 2022
EvenementstypeConference
LocatieBrussels, Belgium
Mate van erkenningInternational