European UnionRepresentative Actions Directive, Collective Redress for GDPR Infringements (Articles 2(1), 4 and 7 to 9 and Annex I point (56))
Directive (EU) 2020/1828, Arts. 2(1), 4, 7-9 and Annex I point (56)
In force since .
An enforcement supervision rule binding public and private bodies.
- Private right of action
- Yes
As of .
What it requires
- This Directive is addressed to the Member States (Article 26), which had to adopt and publish the measures necessary to comply with it by and apply them from (Article 24(1)), so a trader meets these rules through each Member State's national law.
- Member States must ensure that a qualified entity they have designated can bring a representative action for an injunctive measure or a redress measure against a trader whose infringement of Regulation (EU) 2016/679, listed in Annex I at point (56), harms or may harm the collective interests of consumers (Articles 2(1), 4(1) and 7(4)).
- Cease, or refrain from, a practice that a provisional or definitive injunctive measure orders to cease or prohibits (Article 8(1)).
- Provide the consumers concerned with the remedies a redress measure requires, such as compensation, repair, replacement, price reduction, contract termination or reimbursement of the price paid, as appropriate and as available under Union or national law (Article 9(1)). A redress measure entitles those consumers to benefit from the remedies without bringing a separate action (Article 9(6)).
Who enforces it
Enforcement body
The courts or administrative authorities of each Member State, before which a qualified entity designated under Article 4 brings the representative action (Article 7(1)).
What this law does
Article 2(1) applies the Directive to representative actions brought against infringements by traders of the provisions of Union law referred to in Annex I, including such provisions as transposed into national law, that harm or may harm the collective interests of consumers. Annex I, point (56), lists Regulation (EU) 2016/679, the General Data Protection Regulation, among those provisions.
The Directive applies to domestic and cross-border infringements, including infringements that ceased before the representative action was brought or concluded. Article 3, point (2), defines a trader as any natural person, or any legal person irrespective of whether privately or publicly owned, that acts for purposes relating to that person's trade, business, craft or profession.
Article 3, point (4), defines a qualified entity as an organization or public body representing consumers' interests that has been designated by a Member State as qualified to bring representative actions. Article 3, point (5), defines a representative action as an action for the protection of the collective interests of consumers that is brought by a qualified entity as a claimant party on behalf of consumers to seek an injunctive measure, a redress measure, or both.
Article 4(1) requires Member States to ensure that representative actions can be brought by qualified entities that the Member States have designated for this purpose. Article 7(4) requires Member States to ensure that qualified entities are entitled to seek at least injunctive measures and redress measures.
Article 8(1) requires Member States to make injunctive measures available as a provisional measure to cease or prohibit a practice deemed to be an infringement and as a definitive measure to cease or prohibit a practice found to be an infringement.
To seek an injunctive measure, Article 8(3) provides that individual consumers are not required to express their wish to be represented and that the qualified entity is not required to prove actual loss or damage to the consumers or intent or negligence on the part of the trader.
Article 9(1) provides that a redress measure requires a trader to provide the consumers concerned with remedies such as compensation, repair, replacement, price reduction, contract termination or reimbursement of the price paid, as appropriate and as available under Union or national law.
Article 9(8) requires Member States to ensure that qualified entities can bring representative actions for a redress measure without a court or administrative authority having previously established an infringement in separate proceedings. Article 19(1) requires Member States to lay down the rules on penalties applicable to the failure or refusal to comply with an injunctive measure.
Article 24(1) required Member States to adopt and publish the laws, regulations and administrative provisions necessary to comply with the Directive by and to apply those measures from .
When LexLint raises it
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