argomento: News del mese - Diritto Internazionale e Comunitario

Articoli Correlati: consumer associations - personal data protection - legitimacy to take action

On 2^nd May 2022, the European Court of Justice, in the case C-319/20, opened the doors to the legitimacy of consumer associations also in the field of personal data protection. All this arises in the context of the decision, pronounced at the end of April 2022, which saw opposing Meta Platform Ireland (new name of Facebook Ireland, owner of the processing of personal data of users of the social network within the EU) and the 'Federal Union of German Consumer Associations, which, on the basis of a national law prior to EU Regulation 679/2019 (GDPR) on the protection of personal data, had taken an action against the service provider, deeming the method of collection illegitimate the consent to the processing of such data by users, a modality which, among other things, constituted, at the same time, an unfair commercial practice. Today, therefore, it is possible that a consumer association takes actions to protect the right to the protection of personal data even in the absence of a specific mandate conferred by the interested party and regardless of the concrete violation of the right of a specifically identified subject, therefore undertakes an "injunction" provided that the E.U. Member State provides for and regulates the modalities.