The court determined that mere infringement of the GDPR is insufficient for a damages claim, but that there is no minimum threshold for non-material damages.
In a recent judgment (Case C-300/21), the Court of Justice of...more
5/17/2023
/ Calculation of Damages ,
Court of Justice of the European Union (CJEU) ,
Damages ,
De Minimis Claims ,
EU ,
General Data Protection Regulation (GDPR) ,
Infringement ,
Member State ,
Personal Data ,
Rules of Civil Procedure ,
UK
The Advocate General opined that data subjects must prove that they suffered damage from a GDPR breach in order to claim compensation.
Article 82 of the General Data Protection Regulation (GDPR) states that any person...more
The ruling is also a reminder of the circumstances in which the court may order indemnity costs for such failures.
On 29 July 2022, the UK High Court ruled in Cabo Concepts Limited v. MGA Entertainment (UK) Limited that...more
The ICO issued notices of intent to fine British Airways and Marriott. What happened?
On 8 July 2019, the UK Information Commissioner’s Office (ICO) announced a notice of intent to fine British Airways £183.39 million (about...more
7/12/2019
/ British Airways ,
Corporate Fines ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Data Security ,
General Data Protection Regulation (GDPR) ,
Information Commissioner's Office (ICO) ,
Marriott ,
Popular ,
UK
England may become an increasingly attractive forum for follow on damages claims, particularly those involving indirect cartelised product purchases initially acquired outside EEA the in wake of iiyama decisions.
Summary -...more
As European data protection regulators prepare to enforce the General Data Protection Regulation (GDPR) from May 2018, private equity firms must act to minimise the risk of becoming financially liable for the data protection...more
12/14/2017
/ Antitrust Provisions ,
Corporate Liability ,
Data Breach ,
Data Protection ,
EU ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Personal Data ,
Portfolio Companies ,
Private Equity ,
UK
In very broad terms, parties to English litigation disclose documents that they or their opponents may want to rely upon — even if the disclosed documents are adverse to the disclosing party. Parties may seek orders for...more
The English High Court has held that asymmetric jurisdiction clauses are exclusive jurisdiction clauses for the purposes of the Recast Brussels Regulation (the Recast Regulation).
Where claims are issued by disputing...more
The Competition Appeal Tribunal (the “CAT”) in the UK heard on 17 January 2017 an application by Flynn Pharma Ltd and Flynn Pharma (Holdings) Ltd (together “Flynn”) to suspend the Competition and Markets Authority’s (the...more
On 19 December 2016 the Competition and Markets Authority (‘CMA’) issued two competition law infringement decisions in its galvanised steel tanks investigation. Cylindrical galvanised steel tanks store water in large...more
The Competition Appeal Tribunal (CAT) has ordered MasterCard Incorporated (MasterCard) and others to pay £68.6 million in damages to Sainsbury’s Supermarkets Ltd (Sainsbury’s). The CAT held that MasterCard restricted...more
Anyone engaged or interested in the electronic disclosure process should pay close attention to the landmark decision handed down earlier this year by the English High Court in Pyrrho Investments Ltd v MWB Property Ltd...more
Court of Appeal confirms presumption of innocence is absolute and strikes out economic tort claims; English High Court strikes out entirety of claim brought on behalf of over 60,000 Chinese claimants.
Background...more