Information in accordance with Article 4(3) of Directive (EU) 2020/1828 on Collective Redress

Qualification in Ireland

Since 10 October 2024, noyb is a qualified entity under the Irish "Representative Actions for the Protection of the Collective Interests of Consumers Act 2023" for national and cross-country procedures (see Irish Registry). So far, noyb has not brought any representative action and does not charge any fees in accordance with the Act.

(a) Founding in 2017 and operation since 2018

noyb was founded on 12.06.2017 and became operational on 01.02.2018. We filed our first cases on 25.05.2018 and since then brought, represented or assisted more than 800 GDPR complaints and dozens of cases before national and European Courts (General Court, CJEU). Most of our activity can be found under "Projects", while some cases may (for organizational reasons) not be included in the detailed live database. This includes all cases not based on a DPA complaint, such as civil litigation.

(b) Legitimate interest in protection of consumer rights 

Our statutes cover a broad range of activities, including consumer right and the defense of rights under the GDPR - both elements covered by Annex I of Directive (EU) 2020/1828.

(c) Non-profit status

noyb is an Austrian association ("Verein"), bound to act in the public interest ("ideeller Zweck") and must be not-for-profit ("nicht auf Gewinn berechnet") by law (see § 1(1) and (2) Austrian VereinsG). The non-profit character of noyb is further highlighted by complying with all relevant tax laws for non-profits (see § 34ff BAO) and the fact that noyb has joined the voluntary Austrian Donations Seal ("Spendengütesiegel"). The status of noyb can be verified via the Austrian Non-Profit Registry ("Zentrales Vereinsregister") under the Registration Number 1354838270.

(d) No insolvency

We verify further that, in accordance with the law, noyb is not subject to an insolvency proceeding and was not declared insolvent. Any insolvency is usually published in the Austrian Insolvency Register ("Insolvenzdatei") at https://edikte.justiz.gv.at/.

(e) Independence

noyb is an independent organization and - with the exception of consumers - is not under the influence of persons, in particular companies, who have an economic interest in bringing a representative action, including in the case of financing by third parties. noyb’s management structure and comprehensive internal regulations prevent any influence or conflicts of interest that could arise in the context of a representative action. These internal procedures are summarized below. noyb is active in all EU and EEA member states and therefore the specific measures taken in the context of a specific representative action may vary depending on the applicable national law and the facts of the case.

Ensuring independence and avoiding internal conflicts of interest:

In accordance with legal requirements, noyb's Board of Directors consists of independent persons who are not under the influence of third parties (litigation funders or companies). The Board of Directors is the sole decision-maker when it comes to the filing of class actions. No board member has a commercial interest in the filing of a representative action. In addition, noyb continuously checks in the abstract and in any case before each decision to bring a representative action whether conflicts of interest could exist. In this case, the respective Board member does not participate in the decision.

Avoidance of potential conflicts of interest with consumers and between groups of consumers:

noyb will transparently communicate the objectives of its legal action and conclude specific contracts with the participating consumers that clearly and transparently regulate all essential aspects of the relationship between noyb and the consumers. This will ensure that potential conflicts of interest between noyb and the consumers are identified in advance and that if possible consumers who pursue other objectives do not join a lawsuit. noyb may also provide options for consumers to withdraw from the representative action in individual cases - depending on the applicable law - if they wish to pursue other interests or objectives in the course of the proceedings. Further measures may be taken depending on the individual case and applicable law.

Avoidance of potential conflicts of interest with legal representatives and other legal service providers:

In most EU/EEA member states, there are legal and professional code of conduct rules to prevent conflicts of interest between clients and legal representatives. If this is not sufficiently the case in an EU/EEA member state, the legal and professional regulations must be supplemented by contractual provisions. noyb clarifies the rights and obligations as well as the objectives of the legal action and the general litigation strategy in detail with the legal representation before the action is brought and sets these down in a contract (as far as legally possible). It will be ensured that interests and incentives are aligned with the objectives of consumers and other partners in order to avoid conflicts of interest.

Avoidance of potential conflicts of interest with external funders of lawsuits:

External funding of a representative action will often be necessary, as these procedures are extremely expensive and a non-profit organization like noyb cannot cover these costs from its own resources.  If third-party financing is used, all necessary measures will be taken to ensure noyb's independence and to prevent undue influence by the financier. For example, noyb will require the litigation funder to disclose any conflicts of interest before commissioning the litigation funder (in particular to ensure that the action is not brought against a competitor of the funder or against a company the funder is dependent on), that noyb itself decides on the strategy, design and progress of the proceedings and that a settlement can only be concluded in the  interests of consumers.

(f)(i) Funding

noyb is mainly funded by individual Supporting Members from all over Europe that can freely choose a membership fee. As of January 2024 noyb has more than 5,100 Supporting Members. Some Institutional Members also contribute with a larger membership fee (City of Vienna, Austrian Chamber of Labor). In addition, noyb receives core funding and project funding from foundations and organizations, typically for multiple years. To ensure the independence of noyb we have a long-term goal to rely on individual Supporting Members for 66% of our funding and limit other funding to less than 10% of our budget per funder. We set strict limits on any form of sponsorship and partnership with commercial companies. 

You can find the details of our funding structure since 2018 in our Annual Reports. There is no substantial change in our funding structure since the publication of the last Annual Report.

(f)(ii) Management and Membership Structure

In accordance with § 14 of our statutes the daily operation is managed by the Directors ("Geschäftsführer"). Currently these positions are held by Monika Riegler ("Operations Director") and Max Schrems ("Executive Director").

In accordance with § 12 of our statutes the Board ("Vorstand") (Petra Leupold, Christof Tschohl and Max Schrems) oversees the Directors and appoints them for up to five years and can release Directors from their duties at any time. The Board usually meets on a quarterly basis.

In accordance with § 9 and 10 of our statutes the General Assembly ("Generalversammlung") elects the Board, approves the finances of the organization or may change the statutes among other duties. The General Assembly is held every two years. The General Assembly consists of around 20 people with a proven track record in the field of data protection and privacy. In addition, organizations (see (e)) can become a Voting Member and thereby have a vote in the General Assembly.

(f)(iii) Statutory purposes

You can find the full list of our statutory purposes in § 2 of our statutes. Currently noyb's work focuses largely on strategic litigation, automated enforcement, educational programs and collective redress in the area of data protection, as well as related consumer rights and digital rights. Our work focuses on the consumer interest in these areas.

(f)(iv) Current activities

You can find details about our activities since 2018 in our Annual Reports and on our "News" page. There is no substantial change in our activity since the publication of the last Annual Report.