Fundamental Rights’ Protection in the Digital Environment: Collective Actions Defending Diffuse Interests and Public Interest

Abstract In this article, collective action is analysed as a suitable mechanism to protect fundamental rights in the digital environment. Our hypothesis is that collective actions to protect diffuse interests and public interest can be of relevance to enable private but particularly public bodies to (indirectly) protect people’s fundamental rights (e.g., data protection, privacy, non-discrimination and freedom of expression and information). To this end, Directive 2020/1828, that specifically addresses representative actions, Article 80 of the GDPR and Article 86 of the Digital Services Act are studied. These last two articles address alternative mechanisms to individual representation to exercise the rights conferred to individuals by the Regulations. Finally, some conclusions are presented. Highlights Some characteristics of the digital sphere guide us into exploring collective action as a mechanism that should be further developed to protect people’s fundamental rights. Collective action leaded by public bodies for the defense of diffuse interests or public interest can be of significant importance in the digital environment to (indirectly) protect fundamental rights. Harm and compensation of certain violations of fundamental rights in the digital environment should be reconceptualised.