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.

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