Collective actions impacting big tech - Ireland set to test the boundaries in ICCL v Microsoft

Quick read

Overview

The Irish High Court has permitted the Irish Council for Civil Liberties (ICCL) to bring a collective action against Microsoft under Ireland’s new Representative Actions Act 2023. This marks the first major test of the EU’s Collective Redress Directive in Ireland and raises significant questions about data privacy, regulatory enforcement, and the role of the judiciary in consumer protection.

What is the dispute about?

At issue is Microsoft’s alleged use of Real-Time Bidding (RTB) technologies in online advertising. ICCL claims that this system exposes user data, including IP addresses, location data, and browsing history – to hundreds of third parties without proper consent, arguing it operates at a scale incompatible with EU data protection standards.

Why is this action so important?

This is Ireland’s first major collective action under the new EU-aligned legislation, testing whether the courts can serve as an alternative enforcement mechanism where regulators may have been slow to act.

The action is more than a test of one company’s data practices; it may well serve as a litmus test for collective consumer data litigation in the digital age. As Ireland plays a frontline role in enforcing EU digital rights, the outcome of this case could help shape data accountability across the continent and so it is one to watch closely.

This article was written by Ryan Ferry, Edwina Kelly and Sadhbh Ni Mhurchu.

Rechtsgebiete und Gruppen Disputes & Investigations Daten & Cyber-Sicherheit Data Governance

Branchen Technologie-, Medien & Kommunikationsrecht Adtech Advertising & Marketing

In dieser Serie

Disputes & Investigations

The sting and the tale

Andrew Howell and Natalia Faekova unpack an extraordinary case. A Mexican billionaire's strong fraud claim. Former Israeli intelligence operatives hired to target the defendant's solicitor. Secret recordings over wine and dinner. A judge who called it 'anathema to civil litigation' but may have been 'too lenient'.

19. November 2025

Disputes & Investigations

Opening the doors: how the January 2026 pilot will transform access to court documents

During an LSLA lecture on transparency and open justice, Mrs Justice Cockerill, recently appointed as Deputy Head of Civil Justice, outlined a pilot practice direction (PD) that will place select court documents squarely in the public domain via a new, public-facing side of the electronic court file (CE-File).

21. Oktober 2025

Disputes & Investigations

Disputes Quick Read: Not your prerogative – the Independent Review of Administrative Law reports its recommendations on judicial review

21. April 2021

Disputes & Investigations

Disputes Quick Read: Should you still choose the English courts to have jurisdiction in your international contracts after Brexit?

12. Januar 2021

Disputes & Investigations