“This is Europe’s icebreaker Big Tech class action,” said Dr Johnny Ryan, director of Enforce at ICCL. “We are finally opening the path for class actions to hold Big Tech accountable.”

In the case of Irish Council for Civil Liberties v. Microsoft Ireland Operations Limited the High Court held that where a claimant in GDPR proceedings establishes the facts necessary to engage a particular obligation of a data controller, the controller “will bear the onus of proving that it has complied with any obligation imposed on it by Article 5(1) of the GDPR and/or that any processing by it of personal data is in accordance with the GDPR within the meaning of Article 24(1).”

It is the ICCL’s view that the court ruled definitively that technology giants can no longer use blanket denials to avoid accountability with the legal burden of proof on Big Tech firms, not consumers.

Under this new precedent, when a claimant establishes that GDPR obligations have been triggered, the defendant company must prove it complied with those obligations.

The Irish Court holds jurisdiction over Big Tech’s data operations throughout Europe. This ruling empowers millions of citizens across the continent, opening the door for meaningful class action litigation in Ireland on their behalf.

Dr Ryan emphasised the critical timing of this victory: “Some European leaders have lost faith in the GDPR’s ability to hold tech firms accountable. But tech scandals continue to emerge, a generation of children is at risk online, and reckless AI labs are unwittingly creating models that hack States and companies behind their backs.”

“Never before has the need for tech accountability been so urgent” Dr Ryan added. “This court decision is a victory for the principle that no one should be above the law.”

Joe O’Brien, executive director of ICCL, however, added: “We need your help. ICCL is a nonprofit organisation. We take no funding from government, and the State blocks us from raising commercial funding to pay for litigation like this. Please visit ICCL.ie and donate whatever you can to help our work. Every contribution, no matter the size, adds up to ensure ICCL can keep defending rights and liberties for another 50 years.”

ICCL thanks its lawyers, James Doherty SC, Sean O’Sullivan BL, and Ahern Rudden Quigley.

The Court’s judgement is available here.