In line with the requirements of Article 4(3) of the Collective Redress Directive (EU) 2020/1828, as well as relevant national implementation laws, we are happy to provide the following information:
Qualification in Ireland
Since 10 October 2024, noyb is a qualified entity under the Irish "Representative Actions for the Protection of the Collective Interests of Consumers Act 2023" for national and cross-country procedures (see Irish Registry). So far, noyb has not brought any representative action and does not charge any fees in accordance with the Act.
(a) Founding in 2017 and operation since 2018
noyb was founded on 12.06.2017 and became operational on 01.02.2018. We brought our first public cases on 25.05.2018 and since then brought, represented or assisted more than 800 GDPR complaints and dozens of cases before national and European Courts (General Court, CJEU). Most of our activity can be found under "Projects", while some cases may (for organizational reasons) not be included in the detailed live database. This includes all cases not based on a DPA complaint, such as civil litigation.
(b) Legitimate interest in protection of consumer rights
Our statutes cover a broad range of activities, including consumer right and the defense of rights under the GDPR - both elements covered by Annex I of Directive (EU) 2020/1828.
(c) Non-profit status
noyb is an Austrian association ("Verein"), bound to act in the public interest ("ideeller Zweck") and must be not-for-profit ("nicht auf Gewinn berechnet") by law (see § 1(1) and (2) Austrian VereinsG). The non-profit character of noyb is further highlighted by complying with all relevant tax laws for non-profits (see § 34ff BAO) and the fact that noyb has joined the voluntary Austrian Donations Seal ("Spendengütesiegel"). The status of noyb can be verified via the Austrian Non-Profit Registry ("Zentrales Vereinsregister") under the Registration Number 1354838270.
(d) No insolvency
We verify further that, in accordance with the law, noyb is not subject to an insolvency proceeding and was not declared insolvent. Any insolvency is usually published in the Austrian Insolvency Register ("Insolvenzdatei") at https://edikte.justiz.gv.at/.
(e) Independence
We verify further that, in accordance with the law, noyb's Board and Management consist of independent individuals that are not influenced by third party founders or traders. None of them have an economic interest in the bringing of any representative action. The Board is the sole decision maker when it comes to the filing of collective redress mechanisms. Should any Board Member have any link to an economic interest in any collective redress action, our rules or procedure ("Geschäftsordnung") foresee that such a Board Member will not participate in any such debates or decisions.
noyb's General Assembly has no role in the daily operations of the organization or any decision on the filing of collective redress action, given that this is an executive decision solely done by the Board. Nevertheless we are happy to highlight that it consists of individuals of outstanding integrity (Former Members of the European Parliament, University Professors, Former Heads and Staff of DPAs) and organizations (City of Vienna, Austrian Chamber of Labor, Gesellschaft für Freiheitsrechte and epicenter.works) that do not have an economic interest in the bringing of any representative action.
(f)(i) Funding
noyb is mainly funded by individual Supporting Members from all over Europe that can freely choose a membership fee. As of January 2024 noyb has more than 5,100 Supporting Members. Some Institutional Members also contribute with a larger membership fee (City of Vienna, Austrian Chamber of Labor). In addition, noyb receives core funding and project funding from foundations and organizations, typically for multiple years. To ensure the independence of noyb we have a long-term goal to rely on individual Supporting Members for 66% of our funding and limit other funding to less than 10% of our budget per founder. We set strict limits on any form of sponsorship and partnership with commercial companies.
You can find the details of our funding structure since 2018 in our Annual Reports. There is no substantial change in our funding structure since the publication of the last Annual Report.
(f)(ii) Management and Membership Structure
In accordance with § 14 of our statutes the daily operation is managed by the Directors ("Geschäftsführer"). Currently these positions are held by Monika Riegler ("Operations Director") and Max Schrems ("Executive Director").
In accordance with § 12 of our statutes the Board ("Vorstand") (Petra Leupold, Christof Tschohl and Max Schrems) oversees the Directors and appoints them for up to five years and can release Directors from their duties at any time. The Board usually meets on a quarterly basis.
In accordance with § 9 and 10 of our statutes the General Assembly ("Generalversammlung") elects the Board, approves the finances of the organization or may change the statutes among other duties. The General Assembly is held every two years. The General Assembly consists of around 20 people with a proven track record in the field of data protection and privacy. In addition, organizations (see (e)) can become a Voting Member and thereby have a vote in the General Assembly.
(f)(iii) Statutory purposes
You can find the full list of our statutory purposes in § 2 of our statutes. Currently noyb's work focuses largely on strategic litigation, automated enforcement, educational programs and collective redress in the area of data protection, as well as related consumer rights and digital rights. Our work focuses on the consumer interest in these areas.
(f)(iv) Current activities
You can find details about our activities since 2018 in our Annual Reports and on our "News" page. There is no substantial change in our activity since the publication of the last Annual Report.