NGOs as Enforcers of the GDPR: What Role for the CJEU?

This paper will examine the interaction between the CJEU and civil society actors in cases concerning the protection of personal data. It will first reflect on the role of NGOs in legal action concerning data protection before national and EU courts. The paper will then investigate whether the CJEU has fostered or undermined the role of civil society organizations in the legal proceedings revolving around data protection. On the one hand, it will discuss how the CJEU has upheld the legal standing of NGOs in national data protection cases. On the other hand, the paper will point out that civil society actors have limited possibilities to participate in the preliminary ruling procedure before the CJEU. The paper will conclude that a greater openness of the CJEU towards the involvement of NGOs in litigation could be beneficial for upholding data protection rules across the EU.