Frequently Asked Questions

About Stichting Bescherming Privacybelangen

Stichting Bescherming Privacybelangen is a non-profit Netherlands-based foundation. The Foundation was established in 2021 to protect the interests of consumers who are affected by Google’s privacy violations. The Foundation aims to stop Google’s illegal business practices, which are in breach of Dutch and European consumer and privacy laws. In addition, it seeks to secure financial compensation for Dutch consumers who use or used Google’s products and services and are therefore aggrieved by Google’s violations.

With the Action, the Foundation also aims to pressure other major tech companies to implement significant structural changes to protect their users’ privacy. As such, the Foundation’s broad goal is to advance privacy protections for consumers worldwide.

The Foundation has an independent Board and Supervisory Board, consisting of leading specialists experienced in privacy law and collective actions. More information on the Foundation and its Board members can be found here.

More information on the parties with whom the Foundation cooperates can be found here.

The Foundation wants to stop the illegal surveillance of consumers and the illegal commercial exploitation of their personal data by Google. The Foundation is therefore taking legal action against Google, in cooperation with Consumentenbond. The Foundation demands that Google fundamentally changes its business practices. In addition, it demands financial compensation for consumers who are or have been using Google’s products or services.

The Foundation has invited Google to negotiate an appropriate collective resolution. If Google is not willing to do this, the Foundation will institute collective legal proceedings against Google on behalf of all Dutch consumers who use or previously used Google’s products and services. More information on the Action against Google can be found here and on the website of the Consumentenbond.

You can find the Articles of Association here.

Yes. Members of the Board of Directors receive hourly compensation for their work and members of the Supervisory Board are compensated annually for the same. These fees are paid by the Funder, Lieff Cabraser Heimann & Bernstein, LLP. The specific amounts are listed in the document ‘Claim Code Compliance’, which can be found here.

About the Action Against Google

Google’s business model is based on illegal, exploitative practices that violate consumers’ rights. Google goes to great lengths to collect as much of its users’ personal data as possible to support its advertising business, which in 2022 generated approximately USD 240 billion in revenue. Google’s outsized profits come at the expense of consumer privacy. Its practices constitute illegal surveillance and illegal exploitation of personal data, with unknown impact on personal lives of its users now and in future. The Foundation finds Google’s disregard for its users’ privacy rights unacceptable and is therefore taking legal action against Google. The Action is supported by Consumentenbond.

Google is the most dominant data company on earth, offering useful and practical products and services to the public. Google’s products and services, such as Google Search, Google Chrome, Gmail, Google Maps, and Android phones, are almost impossible to avoid. They have become an essential part of our daily lives. But that does not justify intrusive surveillance. And that is exactly what Google’s business practices result in.

Google’s consumer tracking takes place on an unprecedented scale—collecting personal data from all consumers who use its ubiquitous products and services. This includes data on location and online activity, which Google collects regardless of users’ preferences. Moreover, it uses what are known as ‘dark patterns’ or deceptive design techniques to nudge users towards the least privacy-centered option. Google aggregates the personal data it collects to build detailed profiles of consumers’ lives, which it uses to derive products and services it sells to third parties to feed its advertising business. Google also transfers personal data to the United States without sufficient protection from surveillance by the American government.

Google claims that users like you have ‘consented’ to Google’s vast and intrusive collection of personal data, but this ‘consent’ is manufactured, not freely given, and has no legitimate basis in the law. Google conducts its business such that obtaining consent from consumers is impossible. Consumers cannot possibly grasp what Google does with their personal data.

All in all, the illegal ongoing surveillance and exploitation of its users’ personal data by Google violates their right to privacy and the democratic freedoms that they secure. Privacy and freedom from surveillance are long-established Dutch and European rights and constitute the basis for democratic rule. These fundamental rights preserve the freedom to live and develop independently without being tracked, watched, or manipulated.

Accordingly, Google acts unlawfully and in violation of Dutch and European consumer and data protection law. Specifically, Google’s practices violate applicable privacy laws (such as the AVG) and cookie laws. In addition, Google’s practices constitute an unfair trade practice: users are being misled and in any event not informed properly about Google’s actual practices. Also, Google has been unjustly enriched.

Visit ‘Our Action Against Google’ for more information.

Google must fundamentally change its practices so that it stops violating the rights of its users and no longer violates the law.

To do this, Google must do at least the following:

  • drastically change its digital infrastructure by applying effective privacy by design. This means implementing specific technical and organizational measures in Google’s systems so that the processing of users’ personal data is limited to what is strictly necessary and otherwise meets the requirements of applicable laws and these measures put a stop to the illegal surveillance;
  • stop misleading its users and inform them what specific data Google is collecting, what Google (and any third parties) are doing with it, and with whom Google is sharing all that information;
  • establish a legitimate basis for processing personal data. Google currently makes it impossible for users to legally consent to its practices, including the commercial exploitation of their data. Users cannot possibly comprehend what Google does with their data. But at the same time, because of Google’s dominant position, users have virtually no choice but to use Google’s ubiquitous products and services; and
  • stop transferring users’ personal data to the United States.

You are one of the Aggrieved Parties that the Foundation intends to protect if you have been subject to Google’s privacy violations involving the illegal collection, processing, storage or transfer of your personal data and you resided in the Netherlands (for a period of time) on or after 1 March 2012.

This means that we represent you if, at any time since 1 March 2012, you have used a Google service or product, including but not limited to any of the following:

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

You can sign up from the age of 16. Are you not yet 18? Ask your parents/guardians for permission before you sign up. For the precise definition of Aggrieved Parties, see the Foundations’ Articles of Association.

Participation 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.

It does not cost you anything to participate in the Action against Google, because a ‘no cure, no pay’ agreement applies. For more information on the compensation arrangements, see ‘Aggrieved Parties.’

Yes. You can join the Action and continue to use Google’s products and services. For many of Google’s products and services, there are no practical alternatives.

The Foundation has mandated Consumentenbond Claimservice B.V. (CCS) to facilitate and establish the registration process, maintenance, and support of your claim. Under the Foundation’s mandate, CCS will collect your personal data on behalf of the Foundation, which will maintain responsibility over it. This means that the Foundation will be the controller and CCS will be the processor on behalf of the Foundation.

CCS processes your name, contact details, and the provided information about your use of Google’s products and services. We use this information only for the Action. CCS will only use your e-mail address to contact you about other CSS actions if you have consented to this. You can easily opt out. Please read the Privacy Statement carefully.

As a collective we can take a strong stand against Google. Your participation shows to the court that consumers take their privacy seriously and want Google’s illegal surveillance and exploitative practices to stop.

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:

  • 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.

  • 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.