Our actions against Meta

Why the taken actions taken against Meta?

For years Meta collected personal data of Facebook users and their Facebook friends and made this data accessible to third parties. Meta made billions with this, while it did not inform, or did not sufficiently inform its users about the processing of their personal data for commercial purposes, and did not have Facebook users’ permission. Facebook users were also misled because Meta withheld essential information about its earnings model. Meta is also guilty of transferring personal data collected on or through Facebook and Instagram outside Europe. That transfer is not allowed unless there are sufficient safeguards that ensure the data is properly protected, for example against surveillance by U.S. intelligence agencies. There was and is no such safeguard.

What does the Foundation do and on whose behalf?

Data Privacy Foundation is committed to protecting the right to privacy of Facebook and Instagram users in the Netherlands and ensuring that Meta no longer violates their rights when it collects, processes, transmits, and commercially exploits personal data in the context of the use of consumers of the Facebook and/or Instagram service. The Foundation is conducting two Actions in this regard and is thereby supported by the Consumentenbond.

(1) Action regarding the unlawful use of personal data

The first action is directed against Meta Platforms Inc., Meta Platforms Ireland Ltd., and Facebook Netherlands B.V. This action concerns the processing of personal data – including sensitive personal data (such as information about health, religion, or sexual preferences) – for advertising purposes without the consent of Facebook users in the Netherlands, and about sharing personal data with application developers without properly informing Facebook users. A well-known example of this is the Cambridge Analytica scandal.

The Foundation in this Action represents the interests of (current and former) consumers residing in the Netherlands who have used the Facebook service at any time since April 1, 2010, and have suffered damage due to Meta’s violations of Dutch and European consumer and privacy laws.

(2) Action regarding the transfer of personal data outside Europe

The second action is directed against Meta Platforms Inc. and Meta Platforms Ireland Ltd. This action concerns the (unlawful) transfer of personal data outside Europe without providing adequate protection against government surveillance. The Foundation in this Action represents the interests of (current and former) consumers residing in the Netherlands who, since May 25, 2018, have used the Facebook and/or Instagram service at any time and have suffered damage due to Meta’s violations.

Why are there currently two lawsuits?

On December 30, 2019, the Foundation initiated legal proceedings against Meta Platforms Inc., Meta Platforms Ireland Ltd., and Facebook Netherlands B.V. as part of the first Action. The Foundation requested a declaratory judgment regarding the large-scale violation of the privacy and consumer rights of Facebook users in the Netherlands during the period from 2010 to 2020. With the judgment of March 15, 2023, the Foundation received that declaration. Read here the judgment and the Consumentenbond’s press release dated March 15, 2023.

The appeal against the verdict of the court in this (first) lawsuit – which concerned the period up to January 1, 2020 – is currently in full swing. In the meantime, it became well understood that the ruling of March 15, 2023 did not prompt Meta to take a good look at its unlawful practices again and fundamentally revise them. Much of what Meta does has not stopped at all and its affected Facebook users have also not been compensated. The Foundation therefore felt compelled to start a new lawsuit under WAMCA (Settling of Large-scale Losses or Damage (Class Actions) Act). This act makes it possible to claim compensation for a large group of victims all at once. The Foundation issued its writ of summons on March 1, 2024 and summoned Meta Platforms Inc., Meta Platforms Ireland Ltd. and Facebook Netherlands B.V. to appear before the Amsterdam District Court again.

This WAMCA case concerns both the first Action (but also the period after January 1, 2020) and the second Action. The Foundation has filed claims for injunctions and prohibitions to stop Meta’s unlawful conduct. In addition, it has claimed damages in both actions. In the first Action, the Foundation demands that Meta pays €750 per Facebook user for the years-long violation of their privacy and consumer rights of Facebook users in the Netherlands and the Foundation has asked the court to determine, as compensation for users, an amount based on the value of their data from which Meta has wrongfully profited. For the second Action, the Foundation demands an amount of €500 for Facebook and/or Instagram users in the Netherlands. Please see the Extract of the writ of summons for more information about this lawsuit.

For information about who the Foundation represents in both Actions and your (potential) participation in one or both Actions, see Aggrieved Parties and Sign up.

What is the progress? And what are the latest developments in the two ongoing lawsuits?

On December 30, 2019, the Foundation initiated legal proceedings against Meta Platforms Inc., Meta Platforms Ireland Ltd. and Facebook Netherlands B.V. on the basis of Article 3:305a BW (old). Meta raised certain procedural defenses. It argued, amongst others, that the Dutch court did not have jurisdiction. In an interim judgment of June 30, 2021, the court dismissed these procedural objections in favor of the Foundation.

The oral hearing on the merits of the case took place on 8 November 2022, after which the Amsterdam District Court rendered its judgment on March 15, 2023. The Foundation has prevailed on important points. In the judgment, the court ruled that Meta Ireland had violated the privacy and consumer rights of Facebook users in the Netherlands for years. Both the Foundation and Meta Ireland appealed against the court’s judgment with regard to the claims that were dismissed to their disadvantage. Meta also appealed against the interim judgment of June 30, 2021. In 2023 and 2024, both parties submitted several procedural documents in this regard to the Amsterdam Court of Appeal.

On March 1, 2024, the Foundation initiated (new) legal proceedings against Meta Platforms Inc., Meta Platforms Ireland Ltd. and Facebook Netherlands B.V. under the WAMCA (Settling of Large-scale Losses or Damage (Class Actions) Act). In September 2024, Meta requested the court to stay the (new) legal proceedings pending a decision in the appeal proceedings. It also disputed the jurisdiction of the Dutch court. The Foundation responded in writing at the end of 2024.

On June 11, 2025, an oral hearing about Meta’s request for a stay and the jurisdiction of the court took place at the Amsterdam District Court. The Foundation expects a decision on the continuation of the WAMCA procedure in September 2025.

On October 13, 2025, a (first) hearing will take place in the appeal proceedings at the Amsterdam Court of Appeal. This hearing will cover many topics, including jurisdiction, the admissibility of the Foundation and the claims of the Foundation.

The Market Information Research Foundation (SOMI) has also commenced an action against Meta. What is the difference with the Foundation’s Actions?

Data Privacy Stichting represents in the first Action the interests of (current and former) consumers residing in the Netherlands who have used the Facebook service at any time since April 1, 2010. In the second Action, the Foundation represents the interests of (current and former) consumers residing in the Netherlands who have used the Facebook and/or Instagram service at any time since May 25, 2018. SOMI represents the interests of consumers residing in the Netherlands who have used the Facebook service after May 25, 2018. SOMI’s lawsuit also concerns a data breach.