On 31 January 2022, the English High Court delivered its judgment in Stadler v Currys Group Limited (EWHC 160 (QB)); the latest in a series of rulings which appear set to constrain the relatively nascent UK data breach claims...more
Takeaways - The U.K. Supreme Court, in its much-anticipated decision in Lloyd v Google, held that “opt-out” representative (class) actions cannot proceed unless the plaintiff proves material damage and shows that each class...more
The highly anticipated UK Supreme Court decision in Lloyd v. Google has brought into focus (1) the operation of the United Kingdom’s collective redress regime brought under the civil procedure rules, particularly the...more
On 10 November 2021, the Supreme Court dismissed the United Kingdom’s first ever “opt-out” class action brought outside of the competition law sector, in Lloyd v Google LLC. The claim, seeking an award of damages of around £3...more
Prospective Class Action Against Google is Stopped - Summary - The UK Supreme Court has handed down its much anticipated judgment in Lloyd v Google LLC. Google has successfully appealed against the Court of Appeal’s...more
The Supreme Court of the United Kingdom has delivered its long-awaited decision in the case of Lloyd [2021] UKSC 50, rejecting an attempt to bring a representative claim for compensation for "loss of control" over personal...more
The UK Supreme Court handed down its much-anticipated decision in the Lloyd v Google LLC [2021] UKSC 50 case on 10 November 2021 restricting claimants’ ability to bring data privacy class actions in the UK under the (now...more
Since the General Data Protection Regulations ("GDPR") came into force in 2018, companies in the United Kingdom (UK) that have suffered cybersecurity attacks often face civil claims from individuals whose data has been...more
One in five United Kingdom ("UK") internet users are under 18, and, according to the UK's Information Commissioner Office (the "ICO"), "are using an internet that was not designed for them." Under the UK's Data Protection Act...more
The European Commission adopted new versions of the Standard Contractual Clauses (SCCs) on June 4, 2021. The new SCCs finally replace the original SCCs adopted under the 1998 European Data Protection Directive (DPD) and did...more
In this month's edition, we examine the Court of Justice of the European Union's decision invalidating the EU-U.S. Privacy Shield framework, as well as the U.S. government's response to the decision. We also examine two...more
On April 1, 2020, the U.K. Supreme Court handed down its judgment in the case of WM Morrison Supermarkets plc v Various Claimants [2020] UKSC 12, the first class action-type claim concerning a data breach in the U.K.. In this...more
Good news for employers who can take some comfort in the UK Supreme Court’s judgment – in WM Morrison Supermarkets plc (Appellant) v Various Claimants (Respondents) [2020] UKSC 12 – which held that Morrisons was not liable...more
In Various Claimants v. WM Morrison Supermarkets [2020] UKSC 12, the Supreme Court has reversed the Court of Appeal decision and held that Morrisons supermarket is not liable for the serious (intentional) data breach by its...more
The Information Commissioner's Office (ICO) has issued a statement confirming that data protection will not stop the need for businesses to share information quickly, or adapt the way they work to face the unprecedented...more
The decision to appeal a regulatory finding is never taken lightly. By the time a regulator has completed its investigation and notified a company of its intention to fine, the company will have invested significant time and...more
The U.K. Information Commissioner’s Office, the U.K.’s independent body for the upholding of information rights in the public interest, has issued a consultation paper on proposals that it be granted investigative and other...more
In this month's Privacy & Cybersecurity Update, we examine several recent U.K.-related cybersecurity developments and the SEC's risk alert reminding investment advisers and broker-dealers to follow through on implementing...more
An employer was held by the Court of Appeal to be vicariously liable for a rogue employee’s deliberate and criminal disclosure of the personal data of other employees. This was despite the employee’s aim being to harm the...more
UK supermarket chain Morrisons has been held vicariously liable for the acts of a malicious employee in the UK’s first data leak class action. The issue began in 2014, when a disgruntled Morrison’s internal IT auditor posted...more
In this month's edition of our Privacy & Cybersecurity Update, we examine the European Data Protection Board's published opinions on data protection impact assessments, an Ohio court's ruling that bitcoin is covered insured...more
Russians Continue to Attack U.S. Energy and Power Sectors - Late last week, a joint statement by the Department of Homeland Security and the Federal Bureau of Investigation confirmed that the Russian government has been...more
The received wisdom was always that the greatest exposures created by a cyber security incident or data breach were the costs of remediation, business disruption and any regulatory fine. Whilst litigation risk existed, it...more
In Various Claimants v WM Morrisons Supermarket PLC [2017] EWHC3 113 (QB), the High Court considered whether an employer was liable for an employee’s malicious disclosure of personal data belonging to other employees. This...more
A landmark ruling in a group action by employees has found Morrisons Supermarket vicariously liable for a deliberate data breach carried out by a rogue employee, out of working hours and at home on a personal computer. The...more