UK Supreme Court Landmark Decision Limits Data Privacy Class Actions in the UK

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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50 case on 10 November 2021 restricting claimants’ ability to bring data privacy class actions in the UK under the (now repealed) Data Protection Act 1998 (DPA 1998). This decision will be persuasive (though not binding) with respect to similar class actions brought under the (in-force) UK General Data Protection Regulation and the Data Protection Act 2018 (collectively, the UK GDPR). This decision will not directly impact litigation brought under the EU General Data Protection Regulation in EU member states.

Key takeaways

The Supreme Court determined that compensation under section 13 of the DPA 1998 may be awarded to affected individuals only where it is established that an individual has suffered damage (interpreted by the Supreme Court to mean material damages such as financial loss or mental distress) caused by a contravention of DPA 1998 by a data controller. Importantly, statutory infringement would not, in and of itself,

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