Until recently, claims for damages under data protection law were rarely brought before the courts in Germany. From the claimant’s point of view the litigation risk was regularly too high to enforce the relatively low claims. The situation might look different due to the new Model Declaratory Action (Musterfeststellungsverfahren) in the future. This serves particularly to facilitate the filing of claims for damages under civil law in minor cases with low-value damages.

In the issue 47/2019 (page 3414-3417) of the Neue Juristische Wochenzeitschrift (NJW) the attorneys Dr. Dennis Geissler and Dr. Lukas Ströbel of avocado rechtsanwälte in Frankfurt explain the impacts of the Model Declaratory Action (Musterfeststellungsverfahren) on data protection claims and how companies can adjust to this risk.

Please find the complete article here.