Enforcing EU's Digital Regulations in Court - How Can Civil Society Step in?

  • Panel
  • Orangerie
  • Thursday 22.05 — 10:30 - 11:45

Organising Institution

Luminate

Europe

  • Academic 2
  • Business 2
  • Policy 2
As new tech regulations start to be implemented and enforced, there has so far been relatively little focus on the role of private enforcement. Private enforcement, through individual litigation and collective action, can significantly enhance the protection of individual rights and platforms' obligations. It has the potential to complement public oversight by addressing enforcement gaps, while providing individuals and civil society with a means to seek redress for harms and influence regulatory agendas and policies from the ground up. Important knowledge gaps remain regarding the private enforcement of tech regulations. Drawing from their experience in competition law, DSA/DMA and GDPR enforcement, panellists will offer insights on legal and practical questions relating to private enforcement of new tech regulation.

Questions to be answered

  1. How can the Digital Services Act and other tech regulations be enforced through individual or collective actions before jurisdictions, and with what remedies available?
  2. How does private enforcement interact with public enforcement by national regulators and the European Commission?
  3. What are the avenues for private enforcement through collective redress? What are the procedural hurdles related to jurisdiction, standing and admissibility?
  4. What are paths of least resistance for civil society to strategically litigate against platforms? How can we bolster capacity for CSOs to bring cases across member states?

Moderator

Emmanuelle Debouverie

Luminate - Europe

Emmanuelle leads Luminate Strategic Initiatives’ litigation team which supports those who challenge unlawful data practices and seek remedies for Big Tech's harms to people and society. Prior to joining Luminate, Emmanuelle practiced as a litigator and criminal defense lawyer for over seven years in Paris, Boston, and Brussels. She has also worked at Fair Trials on criminal justice reform. Her academic research focuses on access to justice for vulnerable and marginalised groups

Speaker

Joris van Joboken

DSA Observatory - Netherlands

Joris van Hoboken is a Professor of Information Law at the Institute for Information Law (IViR), University of Amsterdam. Joris works on questions related to law and digital infrastructure, including at the intersection of fundamental rights protection and the governance of platforms and internet-based services. Previously, Joris worked at the Vrije Universiteit Brussels (VUB), and at the Information Law Institute (ILI) at New York University Law School, the NYU Stern Center for Business & Human Rights and CornellTech. He obtained his PhD from the University of Amsterdam on the topic of search engines and freedom of expression (2012) and has graduate degrees in Law and Theoretical Mathematics. Joris was a member of the EU Observatory on the Online Platform Economy, and a member of the Transatlantic High-Level Working Group on Content Moderation Online and Freedom of Expression. He is the founding director of the DSA Observatory project, with a focus on upcoming implementation and enforcement of the DSA and questions of access to justice and content moderation, and the principal investigator of the Research Group for the Law and Governance of Quantum Technologies.

Speaker

Augustin Reyna

BEUC - Director General - Europe

Agustín Reyna is the Director General of BEUC, The European Consumer Organisation, which serves as the umbrella group for 44 independent consumer organisations across 31 European countries. BEUC's primary mission is to act as a strong consumer voice in Brussels and to ensure that consumer interests are given their proper weight across EU policies. Agustín joined BEUC in 2010 and has since held various positions, including Director of the Legal and Economic Department. He has led BEUC’s competition law enforcement work and served as a non-governmental advisor for the European Commission to the International Competition Network. He is a member of ESMA’s Securities and Markets Stakeholder Group and represents BEUC in high-level EU expert groups. Agustín holds a law degree from the National University of Córdoba in Argentina, an advanced master’s degree in information and communication technology law from the University of Namur in Belgium, and a PhD in law from the University of Bremen in Germany.

Speaker

Simone Ruf

Gesellschaft für Freiheitsrechte (GFF) - Lawyer at Centre for User Rights - Germany

Simone Ruf is a lawyer and the Deputy Head of the Center for User Rights at Gesellschaft für Freiheitsrechte (GFF). The mission of the Center for User Rights is to strengthen and enforce users’ rights against online platforms through strategic litigation, complaints and policy work.

Speaker

Ursula Pachl

NOYB - Head of Collective Redress - Austria

Ms. Pachl is Head of Collective Redress and Senior Advisor at noyb, The European Centre for Digital Rights, based in Vienna. The non-profit organization undertakes strategic enforcement actions in the field of privacy and data protection rights across Europe. In her current role Ms. Pachl develops noyb’s work on strategic private enforcement actions with a focus on collective redress (similar to the US concept of “class actions”). Previously she held different positions at BEUC, the European Consumer Organisation, based in Brussels, representing 45 independent national consumer associations from 31 European countries. She served as BEUC’s Deputy Director General from 2011 – 2024 and lead the organisation’s work on digital policies, consumer rights, redress and enforcement. She represented BEUC in EU High Level Groups, for example in the European Commission’s High- Level Expert Group for Artificial Intelligence and in the stakeholder group of the EU’s Agency for Cybersecurity (ENISA). She is also a director of the board of the U.S. based organisation CAIDP, the Centre for AI and Digital Policies, an independent civil society organisation which aims to ensure that artificial intelligence and digital policies promote a better society. With over 25 years of experience, Ms. Pachl is a seasoned consumer and digital rights lawyer and advocate who has helped to shape European law and policy protecting and empowering consumers. In particular, she has developed co-ordinated law enforcement activities and works to strengthen private enforcement across Europe in an interdisciplinary way to ensure that Data and Consumer Protection, Competition and Media Law are used to address illegal and unfair business practices. Her work at noyb focuses on developing the use of the newly introduced EU legal framework for representative actions against privacy and data protection violations to the benefit of consumers across Europe. Prior to working for civil society organisations, Ms. Pachl also worked for the Austrian Federal ministry for Health and Consumer Protection in Vienna. She is the author of several articles in consumer law and policy journals and regularly comments on consumer issues in the media. She holds a master’s degree in law and a post-graduate degree in cultural management.