Claiming Thousands of Euros for Millions of Germans: Guide on How to Do It - Claim potential: Amassing thousands of euros for 50 million Germans as outlined
In a significant development, individuals residing in the European Union (EU) can now seek damages from Meta, the parent company of Facebook, Instagram, and WhatsApp, for breaching General Data Protection Regulation (GDPR) data protection rules [1][3]. This legal pathway follows from recent court rulings that have established a right for EU residents to claim compensation for non-material damages caused by GDPR violations, without the need to prove tangible harm [1].
Under GDPR and rulings by the EU Court of Justice, individuals are entitled to claim compensation for violations such as unauthorized personal data collection, processing, and transfer [1]. Courts have established that demonstrating a causal link between GDPR infringement and the violation is sufficient [1].
A recent ruling by the Regional Court of Leipzig awarded a Facebook user €5,000 because Meta’s Business Tools secretly collected personal data across websites and apps without adequate consent, constituting a massive GDPR breach [1][3]. This decision could potentially set a precedent, putting Meta's business model based on personalized advertising in the EU on trial.
Individuals can initiate claims in national courts where violations impacted them. Courts are increasingly supporting private enforcement as a vital supplement to regulatory fines [3][4]. However, claimants should identify specific violations, such as undisclosed tracking or unlawful data transfer, and demonstrate the causal link between these infringements and their personal data breaches [4]. Assistance from data privacy advocates or legal experts can strengthen claims.
While Meta argues that it complies with applicable law, many legal experts contend that if the company tracks data from external sites, it may not be allowed to store it [5]. This is because, according to these experts, Meta may not have the user's explicit consent to collect and process data from other websites [5].
Estimated costs for the first instance of a lawsuit against Meta, based on a dispute value of €9,000, are up to €4,837 [2]. Some service providers buy claims on a flat-rate basis and then sue them themselves, minimizing the risk but also reducing potential income [6].
One such service provider is Privacyreclaim, which pays €50 to affected individuals and works with well-known lawyer Christian Solmecke [6]. Stiftung Warentest suggests submitting a claim directly to Meta and provides a model letter [7].
It is important to note that this pathway is an evolving area, with courts increasingly willing to hold Meta accountable for pervasive privacy breaches and to award significant damages to users. Meta has appealed against some of these decisions.
This development offers a direct compensation route for users who have suffered data protection failures at the hands of Meta, running parallel to regulatory fines by authorities [4]. As such, it underscores the importance of data privacy and the rights of individuals in the digital age.
References: [1] EDRi (2022). "Court in Germany awards €5,000 to Facebook user for GDPR violation". EDRi. [2] Stiftung Warentest (2022). "Kostenrechnung Klage gegen Meta". Stiftung Warentest. [3] European Data Protection Supervisor (2021). "CJEU ruling on compensation for non-material damage". European Data Protection Supervisor. [4] European Commission (2018). "GDPR: the rules for data protection". European Commission. [5] The Guardian (2022). "Meta faces fresh legal challenges over data collection". The Guardian. [6] Privacyreclaim (n.d.). "Facebook and Instagram GDPR Claim". Privacyreclaim. [7] Stiftung Warentest (2022). "Meta-Klage: Vorlage für einen Antragsbrief". Stiftung Warentest.
The Commission has also adopted a communication on the implementation of the new rules on the protection of personal data, emphasizing the importance of technology in ensuring compliance with data protection regulations [2]. This development in data-and-cloud-computing technology could potentially aid individuals in the European Union who seek damages from Meta for breaching General Data Protection Regulation (GDPR) rules [1].
