Progress of proceedings against Facebook Netherlands, Facebook Ireland and Facebook Inc.

After the Data Privacy Foundation (the “Foundation”) filed the writ of summons in December 2019, Facebook submitted its first written response in August 2020. In it, Facebook raised a number of procedural hurdles: the Dutch court does not have jurisdiction, the proceedings should be stayed, the Foundation lacked standing to pursue the claim, and Irish law would have to be applied. The District Court of Amsterdam sided with the Foundation in its judgement on June 30, 2021, granted standing to the Foundation, refused to stay the proceedings and ruled that Dutch law would apply in addition to the privacy regulation ‘GDPR’. With this positive interlocutory judgement, the first phase of the proceedings was complete. The judgement can be accessed at www.uitspraken.rechtspraak.nl/inziendocument?id=ECLI:NL:RBAMS:2021:3307 (in Dutch).

Facebook (which has now changed its name to Meta) first responded to the merits of the case in October 2021. In February 2022 and June 2022, the Foundation respectively Facebook responded again to each other’s arguments.

The hearing scheduled for November 8, 2022 will be the final stage of the debate between the parties. On this date, the Foundation will elaborate on its claims before the District Court of Amsterdam.

For more information on the progress of this action, you can also visit the website of the Consumentenbond: www.consumentenbond.nl/acties/facebook.