Latest developments

First lawsuit (under the old regime of art. 3:305a BW (old))

On March 15, 2023, the Amsterdam District Court issued a landmark judgment holding that Meta had acted unlawfully, because it violated the privacy of its users in the Netherlands for years. Furthermore, its conduct constituted an unfair commercial practice. Meta did not sufficiently inform consumers about the purpose and use of their (sensitive) personal data. It also lacked permission to use this personal data for advertising purposes and it misled its users in the Netherlands by withholding essential information.

An appeal has been lodged against the judgment of March 15, 2023. This also applies to the interim judgment of June 30, 2021 in which it was ruled that the Dutch court has jurisdiction and the Foundation was declared admissible. On 9 September 2025, Meta requested the Court of Appeal to stay (i.e. to suspend) the proceedings. On 26 September 2025, a hearing took place regarding Meta’s request, after which the Court of Appeal denied Meta’s request. A hearing in the appeal procedure will take place on October 13 and 14, 2025. The hearing will address, among other things, the jurisdiction, the Foundation’s admissibility, and its claims.

Second lawsuit (under WAMCA)

Meanwhile, the infringements identified in 2023 continue to this day. This is the reason that the Foundation started a new lawsuit on March 1, 2024 against Meta, which is again supported by Consumentenbond. This lawsuit concerns both Actions and the Foundation demands, amongst others, that Meta ceases its unlawful practices and that affected Facebook and Instagram users are compensated for the damage they have suffered as a result of Meta’s privacy violations. This last demand means that, with regard to the first Action, Meta will pay a fee of €750 per Facebook user. With regard to the second Action, the Foundation demands an amount of €500 for both Facebook and Instagram users. In addition, the Foundations asked the Court to, as compensation for Facebook users, determine an amount on the basis of the value of their data from which Meta wrongfully profited. The extract of the writ of summons is available here. For the 1 March 2024 press release of the Foundation and Consumentenbond, please click here.

On June 11, 2025, a first hearing took place. This hearing dealt with the jurisdiction of the Dutch court and the question of whether this (new) lawsuit should be stayed pending a ruling in the appeal proceedings. On October 15, 2025, the court ruled that it has jurisdiction to hear the dispute. It also decided to stay (suspend) the proceedings until the Court of Justice of the European Union has answered preliminary questions in another case. It is currently unknown how long this will take.