The EU Representative Actions Directive
The newly-introduced European Union
("EU") Representative Actions Directive
((EU) 2020/1828) (the "RAD") has the aim
of enabling consumers within the EU to pool together to protect
their interests in a range of sectors, such as product liability,
data protection, financial services, travel and tourism, energy,
and telecommunications. Unlike the position with class actions in
the United States, under the RAD, representative actions must be
brought by an approved representative entity (called a
"Qualified Entity") on a not-for-profit basis.
Qualified Entities can seek injunctive measures, damages, or both,
on behalf of the consumers being represented. There are currently
68 pieces of EU legislation which are within the scope of the RAD,
meaning that alleged breach of them can form the basis of a
representative action. Those pieces of legislation are listed in
Annex I of the RAD. In the digital and technology space, they
include
