Een stakingsvordering op basis van de AVG kan misbruik van (proces)recht uitmaken

This case note, published in Computerrecht, examines when an injunction based on the GDPR (AVG) can amount to an abuse of procedural rights.

Injunctions are a powerful tool in privacy litigation: they can force the rapid removal or cessation of processing that allegedly violates data protection law. That speed and leverage also creates scope for strategic use. The note considers where the line falls between legitimate enforcement and the invocation of GDPR or procedural rules in a way that crosses into abuse.

It situates the question within the broader Belgian and European framework on abuse of rights, addressing how courts may assess the purpose, proportionality and good faith of a claimant relying on data protection grounds. The analysis is relevant to anyone involved in privacy litigation, from data subjects and claimant organisations to controllers facing demands framed as GDPR enforcement. It clarifies the limits of a mechanism that is often presented as purely protective but can, depending on the circumstances, serve a different commercial or procedural objective.