GDPR and compensation – heads of claim, types of loss and quantum

Recorded on: 17/01/2022

The recent decision of the Supreme Court in Lloyd v Google [2021] UKSC 50 has provided some clarity concerning the ability of data subjects to bring compensation claims arising from breaches of data protection legislation. However, other recent cases also shed light on different aspects of such claims and also need to be borne in mind. This webinar will summarise the key points from all of the relevant cases and will also consider how the law is likely to develop in future.

Topics will include:

Heads of claim

  • Can claims be brought for breach of confidence, misuse of private information and negligence as well as for breach of data protection legislation?
  • Warren v DSG Retail [2021] EWHC 2168 (QB)

Types of loss

  • Can damages be recovered for loss of control over personal data?
  • Lloyd v Google [2021] UKSC 50

Types of action

  • What approach should be taken by claimant solicitors to bringing such claims? Opt out or opt in?
  • Lloyd v Google [2021] UKSC 50
  • Weaver v British Airways [2021] EWHC 217 (QB)

Quantum of damages

  • How much compensation will be awarded?
  • R v Chief Constable of Sussex [2021] EWCA Civ 42

Threshold of seriousness

  • To what extent will the courts apply a de minimis threshold?
  • Rolfe v Veale Washborough [2021] EWHC 2809 (QB)

Future developments

  • How might the law change in the light of these cases?




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