Exclusive content
The Irish High Court has accepted the initiation of a class action lawsuit against Microsoft concerning advertising technology that is alleged to violate users’ privacy rights.
The Irish Council for Civil Liberties (ICCL) had submitted an application to the court for what it described as Ireland’s inaugural class action lawsuit, filed under the newly established EU Collective Redress Directive.
This directive was incorporated into Irish legislation through the Representative Actions for the Protection of the Collective Interests of Consumers Act 2023, which became effective at the end of April 2024.
It permits designated qualified entities, which must operate as not-for-profit organizations, to pursue enforcement actions in the Irish courts on behalf of a collective of consumers whose rights have been infringed, whether in Ireland or in another EU member state.
The ICCL is among only two organizations currently listed in the national register of qualified entities, with the other being the privacy rights advocacy group Noyb.
In the High Court on 26 May 2025, Mr. Justice Barry O’Donnell ruled the case admissible as a representative action under the 2023 Act, allowing the ICCL to proceed with serving a plenary summons on Microsoft.
The implications of this ruling reach beyond Microsoft alone. Ireland also serves as the headquarters for Google, Meta, TikTok, X, and Apple. This development paves the way for the enforcement of the GDPR against major technology companies on behalf of consumers.
