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Data protection: reading future trends

The predicted flood of GDPR-related litigation is yet to materialise but several issues are already emerging, says Ricky Cella

1 May 2019

The main provisions of the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (DPA 2018) came into effect on 25 May 2018.

In the preceding weeks and months there was a considerable amount of speculation regarding the impact that the GDPR would have on civil litigation in England & Wales. 

Almost a year on, have any of these predictions have come to fruition, and what key points should practitioners take from the developments witnessed so far? 

Group litigation and data breaches

Even before the advent of the GDPR there was increasing interest in group litigation relating to data breaches. In particular, in Various Claimants v WM Morrisons [2017] EWHC 3133 (QB), the High Court found that a supermarket was vicariously liable for a rogue employee’s breach of the Data Protection Act 1998.

That decision was subsequently upheld in the Court of Appeal in 2018. The Morrisons case was the first employee...

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