Grants
The Digital Freedom Fund supports strategic litigation on digital rights in Europe that contributes to advancing human rights in the digital context. See answers to our frequently asked questions here.
Make sure you scroll down to read more information to prepare your application and click here to see more detail about how to submit your application.
To help write your application in advance, check out the application guides here and see examples of the digital rights work we are supporting on our case studies page.
Types of grants
Litigation track support
Support for litigation of a case through multiple instances, from first instance through a final appeal.
Example: a challenge to the European Court of Human Rights against police use of facial recognition technology
Pre-litigation research
Support for preparation required before planned litigation can begin. This could include legal research, evidence gathering, forum selection or finding claimants and partners. Example: a comparative study between EU jurisdictions to determine which one offers the best options to address a specific issue.
Litigation track support
Support for litigation of a case through multiple instances, from first instance through to the final appeal.
Litigation track support grants can also include post-litigation activities, such as advocacy or enforcement activities following the judgement made in the final instance of litigation.
Example: a challenge before the European Court of Human Rights against police use of facial recognition technology, including a workshop following the final instance to share lessons from the ruling with the wider community.
Click on the image to see more examples.
Pre-litigation research
Support for activities to prepare for planned litigation. This could include legal research, evidence gathering, forum selection or identifying claimants and project partners. It does not include broad research or general scoping about unplanned litigation.
Example: a comparative study between three EU jurisdictions to determine which one offers the best options to address a specific issue under an EU Directive.
Click on the image to see more examples.
Thematic focus areas
1.
Advance individuals' ability to exercise their right to privacy
1. Advance individuals' ability to exercise their right to privacy
Examples are cases that:
- Protect and safeguard individuals against unjustified government surveillance
- Clarify the scope of protection of personal data under the GDPR
- Enforce consumers' rights in relation to the unauthorised collection and sharing of personal data
Some successful cases we have supported so far include, Data breaches by UK Secret Service MI5, Data protection violations by data brokers, Extraction of asylum seeker mobile data in Germany and UK Police “digital strip search”
2.
Protect and promote the free flow of information online
2. Protect and promote the free flow of information online
Examples are cases that:
- Challenge the unjustified blocking, filtering and removal of online content, platforms or services
- Ensure that online content is protected against the illegitimate use of copyright claims
- Ensure that net neutrality and the principle of equal access to the internet is promoted and respected in practice
Some successful cases we have supported so far include, Misuse of copyright claims in Germany to stifle freedom of information, Facebook’s private censorship, and Women’s rights website blocked in Spain
3.
Ensure accountability, transparency and the adherence to human rights standards in the use and design of technology
3. Ensure accountability, transparency and the adherence to human rights standards in the use and design of technology
Examples are cases that:
- Ensure the respect for human rights in the application of technology by law enforcement, such as in the context of predictive policing
- Maximise transparency in algorithmic decision making and profiling by government and private actors
- Set standards to protect individuals against the discriminatory use of technology
Some successful cases we have supported so far include, The “SyRI” welfare fraud risk-scoring algorithm, Secret algorithms and hidden data flows violating rights of “gig workers”, Access to government algorithms in Poland, and UK Home Office visa application streaming algorithm
We also welcome applications for projects that fall outside these general thematic focus areas if they can contribute to advancing the respect for human rights in the digital sphere. Cases need to have the potential for impact extending beyond the parties directly involved in the case and for bringing about legislative, policy or social change.
Check out more examples of the cases we are supporting on our case studies page.
Also see these blogs related to our grantmaking:
Grant application criteria
What does DFF consider "digital rights"?
DFF works with a broad definition of digital rights. We consider digital rights to be human rights as applicable in the digital sphere. The digital sphere covers both physically constructed spaces, such as infrastructure and devices, and spaces that are virtually constructed, such as online identities and communities.
Geographical scope
DFF accepts grant applications concerning all Council of Europe Member States.
Who can apply?
We will consider applications from digital rights advocates (e.g. NGOs and other entities that pursue a public interest objective), pro bono lawyers, and other litigators seeking to protect and advance digital rights in Europe.
We fund not just digital rights organisations, but also provide support to racial, social, feminist, queer, environmental, migrant rights and economic justice movements and organisations working on digital rights.
DFF has a Code of Conduct, which expresses our core beliefs. We request that all DFF grant applicants and recipients review the Code of Conduct here, and expect that it is acknowledged, respected and accepted by anyone engaging with DFF, including DFF grant recipients. A key point of the Code of Conduct is that DFF will not tolerate sexist, racist, ageist, homophobic, transphobic, ableist, religiously insensitive or exclusionary behaviour.
Grant size
As litigators work with different operational models and each case has different dimensions and complexities, grant amounts requested vary. Rather than working with a fixed case support fee, DFF will evaluate each case on its own merits in light of both the general grantmaking criteria and the principle of cost-efficiency.
Between 2020 and 2023, our annual grants budget was between EUR 600,000 and EUR 800,000, and we approved 15-20 applications per year.
So far the average size of a litigation track support grant is around EUR 45,000 and the average size of a pre-litigation research support grant is around EUR 25,000. We have approved grants as low as EUR 3,000, and in a few rare cases litigation grants of over EUR 100,000.
What does DFF consider “strategic” litigation?
In order to be considered strategic, litigation must have the potential to:
- have an impact extending beyond the parties directly involved in the case; and
- bring about legislative, policy or social change.
For further reading, see our three part blog series about strategic litigation.
What does a successful application look like?
- the concrete objectives of the litigation;
- a plan to embed the litigation in a broader strategy for change;
- how the litigation addresses the negative impact felt by the most marginalised groups in society;
- the best forum to litigate in order to achieve the pursued objectives;
- the possible instances of litigation that may be necessary to achieve the litigation objective(s), including appeals and referrals to regional courts;
- how the litigation relates to other existing or planned activities on the litigation's subject matter – both litigation and otherwise – domestically and in Europe;
- why litigation is an appropriate tool to employ in this context;
- the identified risks and weaknesses of the litigation and a strategy for mitigation;
- a plan for implementation in case of a positive outcome of the litigation and mitigation in case of a negative or mixed outcome;