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Data Breach UK Data Protection Act

Jones Day

English High Court Confirms Narrow Approach to Assessment of Data Breach Liability

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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

Robins Kaplan LLP

The Robins Kaplan Privacy Pulse - United Kingdom Supreme Court Blocks Multi Billion Dollar Class Action Suit Against Google

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The United Kingdom’s Supreme Court, its highest court, blocked a bid for a $4.3 billion class action against Google over claims the company violated the country’s Data Protection Act (DPA). The claimants alleged that Google...more

Conyers

Privacy and Data Breaches In the Cayman Islands

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Since the introduction of the Data Protection Act (the “DPA”) in 2017, there has been a steady increase in the number of data protection breaches that have been reported to the Office of the Ombudsman . It is expected that...more

A&O Shearman

Keeping The Floodgates Shut: UK Supreme Court Gives Landmark Data Protection Ruling

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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

White & Case LLP

UK Supreme Court dismisses data protection class action claim

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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

Orrick, Herrington & Sutcliffe LLP

Warren v DSG Retail Ltd – Shifting the Liability Landscape in Post‐Cyberattack Litigation

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

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - July 2020

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

Faegre Drinker Biddle & Reath LLP

Good News for Employer Data Controllers: U.K. Supreme Court Issues Morrisons Data Breach Ruling

In a significant decision, the Supreme Court unanimously held that Morrisons, the U.K. supermarket chain, was not vicariously liable for an employee’s significant data breach, reversing the Court of Appeal’s previous...more

Akin Gump Strauss Hauer & Feld LLP

Vicarious Liability for Employee’s Data Breach: Key Takeaways from the U.K. Supreme Court’s Judgment

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

Goodwin

UK Supreme Court Says Employer Not Vicariously Liable for Employee’s Data Protection Breach

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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

Morrison & Foerster LLP

Case Update: Morrisons Not Vicariously Liable For Data Breach By Rogue Employee

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

White & Case LLP

UK Supreme Court – Employers not liable for data breaches caused by rogue employees

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In a decision that will come as a relief to many businesses, the UK Supreme Court has unanimously held that companies should not be held vicariously liable for the actions of rogue employees who leak personal data....more

A&O Shearman

Morrisons is not vicariously liable for data breach…but the Supreme Court does not rule out the possibility in future cases

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On 1 April 2020, the UK Supreme Court unanimously overturned a 2018 Court of Appeal ruling that had found WM Morrisons Supermarkets PLC (Morrisons) vicariously liable for its employee’s misuse of private information, breach...more

Orrick, Herrington & Sutcliffe LLP

Class Actions For Security Breaches Are Here To Stay

Today’s decision by the Supreme Court to allow the appeal in WM Morrison Supermarkets plc v Various Claimants may on first glance look like a significant setback to privacy advocates. However, the court’s unanimous judgment...more

Orrick, Herrington & Sutcliffe LLP

ICO Fines: When Is An Appeal Appealing?

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

Society of Corporate Compliance and Ethics...

United Kingdom’s Information Commissioner’s Office issues fine for data breach

Report on Supply Chain Compliance 3, no. 4 (February 20, 2020) - The Information Commissioner’s Office fined DSG Retail Limited (DSG) 500,00 British pounds after an investigation discovered a data breach involving the...more

A&O Shearman

English Court of Appeal Upholds Data Protection Rights and Expands Scope for Representative Actions

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Case Summary - Richard Lloyd, a “champion of consumer protection” and former director of the consumer rights group Which?, is seeking to bring a representative damages claim against Google, on behalf of more than four...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - April 2019

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

A&O Shearman

Employer vicariously liable for rogue employee’s data breach

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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

Sheppard Mullin Richter & Hampton LLP

Supermarket Held Vicariously Liable in UK’s First Data Leak Class Action

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

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - October 2018

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

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - March 2018 #4

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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

Robinson+Cole Data Privacy + Security Insider

U.S. Citizen Sues Cambridge Analytica in U.K. Courts for Violations Under U.K. Data Protection Act

On March 16, David Carroll, a New York based American professor sued Cambridge Analytica (CA) in the U.K. courts, after the data analytics firm allegedly failed to respond to his request made pursuant to the U.K. Data...more

Cooley LLP

Blog: Supermarket swept up into liability of rogue employee

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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

Faegre Drinker Biddle & Reath LLP

Data Protection: Was an Employer Liable for an Employee's Malicious Data Breach

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

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