Commencement of District Court Jurisdiction to hear Data Protection Claims
January 18, 2024
Commencement of District Court Jurisdiction to hear Data Protection ClaimsJanuary 18, 2024 Data protection claims can now be heard and determined by the District Court if they fall within its monetary jurisdictional limit of up to €15,000. Section 77 of the Courts and Civil Law (Miscellaneous Provisions) Act 2023 which amended section 117 of the Data Protection Act 2018, adding the District Court as an appropriate court to hear and determine data protection claims, was commenced on 11 January 2024 by S.I. No. 6 of 2024. 1 This long-awaited development will be welcomed by data controllers given the volume and increasing number of these types of claims. Importantly, from a costs perspective, the level of costs awarded to successful claimants in the District Court will be considerably lower than in the Circuit Court as they will be assessed on the District Court scale. The recent Circuit Court decision of Kaminski v. Ballymaguire Foods Limited [2023] IECC 5 (“Kaminski”) (discussed in detail here) which provided helpful guidance in ascertaining exactly what damage will be eligible for compensation under the General Data Protection Regulation 2016/679 (“GDPR”) in Ireland and the level of compensation such claims are likely to attract, indicates that most claims of non-material damage under section 117 of the Data Protection Act 2018 will fall within the jurisdiction of the District Court. While Kaminski will undoubtedly be persuasive in terms of the level of compensation data protection claims are likely to attract in the District Court, it remains to be seen whether a consistent approach will emerge in the assessment of data protection claims in future cases decided by the District Court; it will certainly be more difficult to monitor trends in future cases as the District Court does not deliver written decisions. However, it is expected that the determination of a number of preliminary references to the Court of Justice of the European Union concerning Article 82 of the GDPR will provide further guidance on the assessment of non-material damages in data protection claims and may refine the position to be taken by the Irish courts further. Interestingly in the Kaminski judgment, the court noted that an independent adjudicative or conciliation resolution process would be a “suitable alternative dispute pathway to resolve data breach assessments”. However, the courts remain the principal avenue for redress for the moment. For more information or to discuss any data protection actions concerning your organisation, please contact us. [1] S.I. No. 6/2024 - Courts and Civil Law (Miscellaneous Provisions) Act 2023 (Section 77) (Commencement) Order 2024. Latest InsightsLatest News
Latest Events
legal updates July 20, 2026 Industrials Unpacked #1: Supply Chain Contracts legal updates July 17, 2026 EU Forced Labour Regulation legal updates July 16, 2026 Trump v Slaughter: What the US Supreme Court’s ruling means for transatlant... legal updates July 10, 2026 Global Sustainability & ESG Insights - June 2026 firm news July 10, 2026 Eversheds Sutherland advises OCBC on the landmark secondary dual listing of... client news July 10, 2026 Setting sail: Eversheds Sutherland advises senior management of D-Marin on ... client news July 09, 2026 Eversheds Sutherland advises Costello Medical on transition to employee own... firm news July 01, 2026 Eversheds Sutherland lands lateral partner-led Paris Funds team, as its wid... virtual UAE - Employment law in the Dubai International Financial Centre September 10, 2026 9.30am - 1.30pm (GMT) Virtual in-person Managing AI use in the workplace: what every UK HR team needs to know September 10, 2026 9.30am - 1.00pm (BST) London, United Kingdom in-person Basic foundations of US employment law September 17, 2026 9.30am - 4.30pm (GMT) London, United Kingdom in-person 2026 BDC Roundtable September 23, 2026 Washington DC, United States |