Progress of proceedings against Facebook Netherlands, Facebook Ireland, and Facebook Inc.
On 30 June 2021, the District Court of Amsterdam delivered its judgment in the first phase of this case. The Court found that it had jurisdiction over the litigation, declared that the Data Privacy Foundation has standing to pursue the claim, determined that Dutch law applies alongside the General Data Protection Regulation (GDPR), and refused to stay the proceedings. The case now moves on to the merits phase, as Facebook cannot appeal the Court’s judgment until a decision on the merits has been reached.
After the Foundation filed the writ of summons in December 2019, Facebook submitted its first written response in August 2020. Facebook’s response raised four procedural hurdles: the Dutch court does not have jurisdiction, the Foundation lacks standing to pursue the claim, Irish law applies in place of Dutch law, and the litigation should be stayed in light of other European privacy cases. The Foundation submitted its written response at the end of November 2020, and the case was heard on 1 April 2021. The District Court of Amsterdam has now sided with the Foundation on all points.
Facebook must respond to the merits of the case in October 2021. The Foundation and Facebook will then exchange another round of written arguments, after which an oral hearing on the merits will occur.
The Foundation released a statement to the press regarding the Court’s June 30, 2021 judgment, which is available at www.dataprivacystichting.com/documents/