knowledge 9 January 2025 |

What to expect: noyb, Ireland’s second qualified entity under the Representative Actions Act 2023

The European Center for Digital Rights or ‘noyb’, chaired by Max Schrems, was designated as a “qualified entity” (“QE”) under the Representative Actions Act for the Protection of the Collective Interests of Consumers Act 2023 (the “Act”) on 11 October 2024.  It can now bring representative actions in Ireland and throughout the EU on behalf of groups of consumers for infringements of certain consumer protection laws occurring on or after 25 June 2023.

What to expect

noyb is an Austrian based entity and its work focuses on litigation, enforcement and educational programs in the area of data protection and privacy on a Europe wide basis. noyb’s website records that since 2018, it has brought, represented or assisted more than 800 GDPR complaints and dozens of cases before national and European Courts.  Some of the complaints it filed in 2023 with national data protection authorities, including the Irish Data Protection Commissioner, suggest that it may be likely to take representative actions on behalf of consumers in the digital space. For example, noyb has complained that the following constitute breaches of GDPR:

  • Meta’s “Pay or Okay” system allowing Instagram and Facebook users not to consent to tracking for personalised advertising for a monthly a fee.
  • Alleged political microtargeting1 by six German political parties, X (formerly Twitter) and the European Commission.
  • Fitbit’s data sharing policies which noyb says do not meet the consent requirements of the GDPR.
  • Ryanair’s use of facial recognition technology when booking through an online travel agent.

How will noyb fund its representative actions?

As is the case for the Irish Council for Civil Liberties – Ireland’s first designated QE under the Act - it remains to be seen how noyb will fund representative actions in Ireland in the absence of third-party funding.  A maximum fee of €25 can be charged by a QE to consumers wishing to be represented.

Noyb’s income in 2023 was just under €1.5 million according to its annual report.  It receives core and project funding from foundations and other organisations and membership fees from its 5,200 supporting members, as well as institutional members such as the City of Vienna and Austrian Chamber of Labor. 

Outlook for businesses in the digital space

The two QEs designated so far in Ireland are active in the privacy and digital rights space and businesses engaging with consumers in these areas are watching with interest to see what activity the QE’s may engage in. 

It is also relevant that entities designated by other Member States as “cross-border qualified entities” can bring actions in Ireland concerning Irish consumers and Irish traders (subject to the rules of jurisdiction).  So far there are 49 such cross-border qualified entities comprising consumer associations, ombudsman bodies, government ministries, regulatory bodies etc2.  Accordingly, businesses operating in Ireland are monitoring both the entities designated in Ireland as well as those designated in other Member States as cross-border qualified entities given the latter can also bring claims in Ireland or the claims they are bringing elsewhere may ultimately be replicated in Ireland.

For further information on the Act, see our previous briefings here, here and here.

  1. Microtargeting is the use of online data to tailor advertising messages to individuals based on their online behaviour and interests.  While widely used in online marketing, the practice is unlawful in respect of political opinions which are protected under Article 9 of the GDPR. 
  2. See European Commission list: here.

This document has been prepared by McCann FitzGerald LLP for general guidance only and should not be regarded as a substitute for professional advice. Such advice should always be taken before acting on any of the matters discussed.