Fear And Loathing In Luxembourg: Quantum And Class Certification In Data Privacy Mass Claims After The First ECJ And BGH Decisions

NERA Director Dominik Huebler and former colleague Claudia Beckmann published an article on quantum and class certification in privacy disputes in the peer-reviewed Mass Claims Journal. Drawing on NERA's recent work in data and privacy breach disputes (e.g., here), they review the approaches to damages valuation taken in recent decisions by Europe's and Germany's top courts. The authors find the European Court of Justice (ECJ) ruling that there is no "seriousness threshold" for claims and the German Federal Supreme Court (BGH) confirmation that the mere loss of control of data can constitute a compensable event increases the likelihood of mass claims against companies accused of committing data breaches.