Aggrieved Parties

Stichting Bescherming Privacybelangen protects the interests of consumers residing in the Netherlands who, on or after 1 March 2012, have used Google’s products or services and are therefore aggrieved by Google’s privacy violations.

This means that you belong to the Aggrieved Parties that we represent in the Action if you, at any time on or after 1 March 2012, have used one of Google’s many products or services, including any of the following:

• Google Account;
• Gmail;
• Smartphone with the Android operating system;
• Google Search;
• YouTube;
• Google Maps;
• Google Chrome;
• Google Drive;
• Google Docs;
• Google Translate;
• Google Play;
• Google Photos;
• Google Chromebook;
• Google Nest product;
• Fitbit.

If you are one of the Aggrieved Parties, the Foundation and Consumentenbond call on you to stand up for your rights by signing up to join the Action, here. More information about the Action is available here. For the precise definition of the term ‘Aggrieved Parties’ and the term ‘privacy violations’, see the Foundation’s Articles of Association.

Does It Cost Anything For Aggrieved Parties To Participate?

It does not cost Aggrieved Parties anything to participate in the Action against Google, as Lieff Cabraser Heimann & Bernstein, LLP, the Funder, has agreed to fund the proceedings on a no cure, no pay basis. This means that only when the Action results in a recovery for Aggrieved Parties, is the Funder entitled to a specific percentage thereof, ranging between 18% – 25%.

Below, the no cure no pay arrangement will be detailed in relation to various possible outcomes.

What is the percentage that the Funder will receive in the event of cash recovery only?

In the event of a cash recovery only, the Funder is entitled to 18% of the gross compensation of such cash recovery. This means that the Aggrieved Parties will receive 82% of the compensation to which they are entitled to as a result of the Foundation’s efforts. By way of fictional example: should Google be ordered to pay EUR 100 in cash recovery to an Aggrieved Party, the Aggrieved Party will receive EUR 82 and the Funder will receive EUR 18. Should Google be ordered to pay EUR 500, the Aggrieved Party will receive EUR 410 and the Funder will receive EUR 90. Should Google be ordered to pay EUR 1,000, the Aggrieved Party will receive EUR 820 and the Funder will receive EUR 180.

What is the percentage that the Funder will receive in the event of both cash recovery and non-cash recovery (i.e. in-kind compensation)?

In the event of both a cash recovery and a non-cash recovery, where it is not possible to readily determine the cash-equivalent of the non-cash recovery (such as governance improvements by Google which benefit consumers), the Funder is entitled to receive between 18% – 25% of the cash recovery to an Aggrieved Party. The specific percentage that the Funder is entitled to will be agreed upon between the Foundation and the Funder on the basis of reasonableness in relation to the specific circumstances of the recovery.

In the event of both a cash recovery and a non-cash recovery, where it is possible to readily determine the cash-equivalent of the non-cash recovery (such as a product or service for which consumers would normally pay), the Funder will be entitled to receive 18% of the gross compensation of the cash recovery plus 18% of the cash-equivalent value of the non-cash recovery to an Aggrieved Party.

What will the Funder receive in the event of non-cash recovery only (i.e. in kind compensation)?

In the event of non-cash recovery only, where it is not possible to readily determine the cash-equivalent value of the non-cash recovery, the compensation to the Funder will not exceed three times the total cost of its services and its funding. In this case, however, Aggrieved Parties will not have to pay anything to the Funder.

What happens in the event there is no recovery at all?

If there is no recovery at all for the Aggrieved Parties’ claims, neither the Aggrieved Parties nor the Foundation will receive any compensation in cash or non-cash, but they shall not have to pay any legal fee or reimbursement, or have any obligation to the Funder or any agent in connection with the pursuit of those claims.

In what way are Aggrieved Parties involved in the Action?

Aggrieved Parties can monitor relevant developments via the Foundation’s website. Participants in the Action will additionally be kept informed of relevant case developments through news releases via email. In the event of important decisions, such as in the context of a possible settlement with Google, the Foundation may consult the Aggrieved Parties (both participants and non-participants to the Action) through a voluntary online consultation. The Foundation could also set up an advisory board or committee of Aggrieved Parties, as permitted under the Foundation’s Articles of Association.

Is it possible to withdraw from participation in the action?

Yes, it is possible to withdraw from the Action. Aggrieved Parties who have entered into a participation agreement with the Foundation can withdraw within 60 days without owing anything to the Foundation. This changes after 60 days. If an Aggrieved Party withdraws after 60 days, the Foundation has already incurred significant costs. Therefore, the participation agreement provides that, if an Aggrieved Party withdraws at a later stage and the Action ultimately results in a recovery for that Aggrieved Party, part of the ‘no cure, no pay’ fee is owed to the Foundation. The Foundation, in turn, pays the owed amount to the litigation funder. The Foundation will not keep this for itself.

The part of the ‘no cure, no pay’ fee that is owed in the case of early termination of the participation agreement should a recovery ultimately be awarded for that Aggrieved Party, is calculated as follows:

(i) If an Aggrieved Party terminates the agreement after 60 days but before the Foundation has been declared admissible*, the Foundation will be entitled to 33% of the ‘no cure, no pay’ fee to which it would have been entitled had the agreement not been terminated.

Since the ‘no cure no pay’ fee is maximum of 25% of the result obtained for an Aggrieved Party, the Foundation may be entitled to a maximum of 33% of 25%, or 8.33% of the result obtained.

(ii) If an Aggrieved Party terminates the agreement after the Foundation has been declared admissible*, the Foundation will be entitled to 67% of the amount of the ‘no cure, no pay’ fee to which it would have been entitled had the agreement not been terminated.

Since the ‘no cure no pay’ fee is maximum of 25% of the result obtained for an Aggrieved Party, the Foundation may be entitled to a maximum of 67% of 25%, or 16.67% of the result obtained.

Termination of the participation agreement needs to take place by sending an e-mail to vragen@claimservice.nl. It is not possible to terminate the participation agreement after a settlement has been reached or a recovery has been awarded. In that case, the Foundation has already fulfilled its obligations under the participation agreement. Once a settlement has been reached or a recovery has been awarded, the full ‘no cure, no pay’ fee is due.

* Admissible means that the court has determined that the Foundation meets the formal conditions to bring a collective action. These conditions can be found in Article 3:305a of the Dutch Civil Code.