2026年数据法律趋势：探索法律、AI与全球数据的交汇界面

Data lawtrends 2026 Exploring the interface of law,AI, and global data. Contents Executivesummary The 2026 Data Law Trendsreport reveals a world inwhich businesses confrontan increasingly complex, This year’s developments build on last year’s momentumbut come with new urgency. Enforcement is more aggressive,regulatory silos are breaking down and issues – from algorithmic Inside, you will find: 1.The global surge in data privacy mass claims2.An increasingly fractured global rulebook for data,cyber, and AI3.Why businesses must rethink their approachto young people’s data4.Rising risks and shifting rules for international Data law has become a global fault line: divergent rules,intensifying enforcement and competing agendas From the expansion of AI oversight to new limits on datatransfers, child privacy regulations and cybersecurity guardrails, This report is your early warning system, your trend-map andyour strategic briefing rolled into one. It helps you see what’s Where change is accelerating, old assumptions no longer hold.Many businesses are discovering that yesterday’s complianceplaybooks won’t work in today’s multi-polar environment. The next chapter of data law is being written. Your guide to navigating it starts here. In 2026, data law has become a geopoliticaland commercial chessboard for nations andbusinesses alike. Success now depends onmastering a fragmented global landscape. Giles Prattand Christoph WerkmeisterGlobal Co-heads of the Freshfields data privacy The global surgein data privacymass claims The global surge indata privacy mass claims In brief Navigating the complex landscape of data-related litigationhas never been more critical. Across major jurisdictions –including Germany, the Netherlands, England and Wales,and the US – the rules of engagement are changing Businesses face a heightened risk of multi-pronged attacksseeking not only large damages, but also injunctions thatcan disrupt core operations. Understanding these shifting The global picture Few threats have escalated with the speed, scale and financialmenace of mass data privacy litigation. Once a niche concern,collective privacy claims have become a primary driver ofcomplex, high-stakes legal battles – threatening not just balancesheets but entire business models, as individually low value This development reflects a convergence of factors, including: •an expanding patchwork of laws codifying enforceable datarights for individuals (e.g. under the EU General Data ProtectionRegulation (GDPR), UK GDPR and various US state laws);•the emergence of a sophisticated and well-capitalized ecosystemof claimant law firms and third-party litigation funders;•increased public awareness and concern regarding data rights; The global surge indata privacy mass claims Risk of class and collective actions This heatmap highlights certain high-, medium- and low-risk jurisdictions for class and collective actions (including data breach,tech and other litigation), based on Freshfields’ experience and our 2025 Class and Collective Action Guide. entering the field, acquiring claims from thousands of individualsand pursuing them in bundled proceedings, often through special This chapter focuses on four high-risk jurisdictions:Germany, the Netherlands, England and Wales and the US. Germany: A new era for collective actions At the same time, defendants are developing novel strategiesto challenge the standing of consumer organizations and SPVs, Germany is experiencing a rise in collective actions, particularlyin GDPR and technology-related claims. Consumer organizationsare not only seeking damages, but also pursuing injunctions tohalt data processing activities – forcing businesses to mount A key issue to watch is the Court of Justice of the EU’s (CJEU)guidance on whether ‘loss of control’ constitutes a basis for The global surge indata privacy mass claims Its clarification will shape both the prerequisites for and thequantum of damages, with major implications for corporate The Netherlands consolidates its position as apremier venue for mass claims in the EU. The keychallenge for defendants is the sheer scale and Practical implications:Businesses must be prepared for multi-pronged attacks – claims for damages and injunctions, brought,often in parallel, by consumer organizations, commercial SPVsand individual claimants. A robust response strategy is crucial Mark EgelerPartner England and Wales: Adapting to new challenges In Germany, legal strategy is no longer just aboutdefending against damages – it’s about disruptingprofessional plaintiffs’ business models to guard Following the Supreme Court’s 2021Lloyd v Googledecision,bringing data-related opt-out representative claims in Englandand Wales has become more difficult: ‘loss of control’ was found The Court of Appeal reinforced this inPrismall v Google(2024),reiterating the high threshold for claimants in an opt-outrepresentative claim to meet the ‘same interest’ requi