‘What’s a consumer?’ (Some) clarification on consumer jurisdiction, social-media accounts, and collective redress under the Brussels Ia Regulation

Published date01 June 2018
Date01 June 2018
DOI10.1177/1023263X18783415
Subject MatterCase note
Case note
‘What’s a consumer?’
(Some) clarification
on consumer jurisdiction,
social-media accounts,
and collective redress under
the Brussels Ia Regulation
Case C-498/16 Maximilian Schrems v. Facebook Ireland Limited,
EU:C:2018:37
Tobias Lutzi*
Keywords
Private international law, international jurisdiction, consumer protection, collective redress,
social media
1. Introduction
There are few litigants who can claim to have contributed as much to the development of second-
ary EU law as Maximilian Schrems and Facebook. Schrems brought a first series of complaints
against Facebook and the way in which the company uses the personal data of its users in 2011 and
2013, which ultimately led to the annulment of the ‘Safe Harbour’ framework between the EU and
the USA.
1
This litigation is still ongoing (based on a reformulated version of Schrems’ complaint)
and has recently been referred to the Court of Justice of the European Union (CJEU) for a second
time.
2
* University of Oxford, Somerville College, Oxford, UK
Corresponding author:
Tobias Lutzi, Somerville College, Woodstock Road, Oxford OX2 6HD, UK.
E-mail: tobias.lutzi@law.ox.ac.uk
1. Case C-362/14 Maximillian Schrems v. Data Protection Commissioner, EU: C:2015:650.
2. The Data Protection Commissioner v Facebook Ireland Limited & Maximilian Schrems [2017] IEHC 545.
Maastricht Journal of European and
Comparative Law
2018, Vol. 25(3) 374–381
ªThe Author(s) 2018
Article reuse guidelines:
sagepub.com/journals-permissions
DOI: 10.1177/1023263X18783415
maastrichtjournal.sagepub.com
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