What is a Dutch class action (collectieve actie / WCAM)?

Dutch term: Collectieve actie / WCAM | Legal basis: Article 3:305a BW + WAMCA

Dutch law provides two main mechanisms for collective action. The WAMCA (Wet afwikkeling massaschade in collectieve actie, in force since 1 January 2020) allows representative organisations to bring damages claims on behalf of a class of affected persons before the Amsterdam District Court. The WCAM (Wet collectieve afwikkeling massaschade) allows parties to request court approval of a class settlement that binds all class members who do not opt out.

The WAMCA procedure requires a representative organisation with a governance structure that adequately protects the interests of the class. The Amsterdam District Court has exclusive jurisdiction. Class members who do not opt out are bound by the judgment. The WCAM procedure is used to give binding effect to settlements that have already been negotiated between the parties.

Why it matters for international businesses

For international businesses facing mass claims in the Netherlands (product liability, securities fraud, data breaches), the Dutch class action mechanisms are increasingly used. The Netherlands has become one of the main European jurisdictions for collective redress.