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Chasing the White Whale? Collective Compensation for Mass Harm Arising from GDPR Violations

Mikeladze, Tea LU (2026) JAEM03 20261
Department of Law
Faculty of Law
Abstract
The availability of compensatory collective redress for GDPR violations remains an unresolved question. The issue has gained increasing importance as data protection infringements frequently affect large numbers of individuals, while existing enforcement mechanisms often fail to address such harms. This study analyses the scope of compensatory collective redress under Article 80 GDPR and the Representative Actions Directive (RAD), as well as the relationship between these two frameworks, in order to assess the extent to which the current EU legal framework permits compensatory collective redress for GDPR violations.

The thesis argues that the ambiguity surrounding the interpretation of Article 80(2) GDPR should be resolved in favour of... (More)
The availability of compensatory collective redress for GDPR violations remains an unresolved question. The issue has gained increasing importance as data protection infringements frequently affect large numbers of individuals, while existing enforcement mechanisms often fail to address such harms. This study analyses the scope of compensatory collective redress under Article 80 GDPR and the Representative Actions Directive (RAD), as well as the relationship between these two frameworks, in order to assess the extent to which the current EU legal framework permits compensatory collective redress for GDPR violations.

The thesis argues that the ambiguity surrounding the interpretation of Article 80(2) GDPR should be resolved in favour of permitting opt-out compensatory collective actions, provided that Member States choose to introduce them under national law. Furthermore, the thesis proposes that, in situations where data subjects are simultaneously affected as consumers, the RAD envisages a stronger model of protection. In such cases, Member States may not only be permitted to introduce compensatory opt-in or opt-out mechanisms for GDPR infringements, but may also be required to do so by the RAD. Finally, drawing by analogy on ASG2 case, the thesis advances that, in certain situations where individual enforcement of GDPR rights is impossible or excessively difficult, compensatory collective redress may constitute the only means to ensure effective judicial protection. (Less)
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author
Mikeladze, Tea LU
supervisor
organization
course
JAEM03 20261
year
type
H2 - Master's Degree (Two Years)
subject
keywords
GDPR, Representative Actions Directive, Compensatory Collective Redress, Representative Actions.
language
English
id
9235222
date added to LUP
2026-06-15 13:29:14
date last changed
2026-06-15 13:29:14
@misc{9235222,
  abstract     = {{The availability of compensatory collective redress for GDPR violations remains an unresolved question. The issue has gained increasing importance as data protection infringements frequently affect large numbers of individuals, while existing enforcement mechanisms often fail to address such harms. This study analyses the scope of compensatory collective redress under Article 80 GDPR and the Representative Actions Directive (RAD), as well as the relationship between these two frameworks, in order to assess the extent to which the current EU legal framework permits compensatory collective redress for GDPR violations.

The thesis argues that the ambiguity surrounding the interpretation of Article 80(2) GDPR should be resolved in favour of permitting opt-out compensatory collective actions, provided that Member States choose to introduce them under national law. Furthermore, the thesis proposes that, in situations where data subjects are simultaneously affected as consumers, the RAD envisages a stronger model of protection. In such cases, Member States may not only be permitted to introduce compensatory opt-in or opt-out mechanisms for GDPR infringements, but may also be required to do so by the RAD. Finally, drawing by analogy on ASG2 case, the thesis advances that, in certain situations where individual enforcement of GDPR rights is impossible or excessively difficult, compensatory collective redress may constitute the only means to ensure effective judicial protection.}},
  author       = {{Mikeladze, Tea}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{Chasing the White Whale? Collective Compensation for Mass Harm Arising from GDPR Violations}},
  year         = {{2026}},
}