UDTR Global Rights of Nature Radar

Guardians of Digital Rights: Exploring Strategic Litigation on Data Protection and Content Moderation in the EU

Identification

Public canonical key

radar:r-e944bc4aa11fee6f859981485a5d57b7

Authors

Valentina Golunova · Sarah Tas

Reported year

2025

Reported language

en

Source type

article

First detected

2026-11-14T02:39:07.394156+00:00

Last metadata observation

2026-11-14T02:39:07.394156+00:00

Last HTTP verification

Not checked

Institutions reported by the source

Maastricht University

Reported affiliation countries

NL

Documentary abstract — original language

Civil society actors play an increasingly prominent role in the protection of digital rights in the EU. Strategic litigation against Big Tech companies is one of the crucial means of furthering their objectives. This article seeks to critically analyse and compare strategic litigation efforts against tech companies with respect to data protection and content moderation. It argues that while the recourse to judicial action by civil society actors varies significantly in different areas of EU digital policy, the recent evolution of the EU regulatory framework on digital services and representative actions is expected to facilitate both strategic litigation and non-judicial means of advocating digital rights. The article begins by emphasising the importance of strategic litigation in fostering accountability of Big Tech. It then examines the legal framework and examples of strategic lawsuits concerning two key practices affecting the exercise of fundamental rights in the digital domain: personal data processing and content moderation. While the article highlights a steadily growing number of data protection cases brought by civil society actors, it also underscores the scarcity of legal actions challenging inadequate or disproportionate moderation practices. Having established this discrepancy, the paper proceeds to explore possible reasons for it by drawing on the literature on legal mobilisation. In doing so, it considers both legal and political opportunities underpinning strategic litigation efforts of civil society actors. In conclusion, the paper reflects on the prospects of strategic litigation of digital rights in the EU.

Identifiers

OPENALEX

https://openalex.org/W4407006545

DOI

10.36969/njel.v7i4.27306

Documentary context

Documentary family

article

Source-reported types

article

Publishers

Lund University

Entity mentions are not evidence of legal recognition. Jurisdiction studied is separate from author affiliation country.

Sources

OpenAlex · Record 1

• Document · https://doi.org/10.36969/njel.v7i4.27306

Documentary status

Relevance pending

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