Responding to a UK GDPR compensation claim—a practical guide

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Responding to a UK GDPR compensation claim—a practical guide
  • Does the claim fall within the scope of the UK GDPR?
  • Defending UK GDPR claim—identity of the defendant—controllers and processors
  • Defending UK GDPR claim—assessing the merits—is there a claim?
  • Has there been a UK GDPR breach?
  • Data protection principles
  • Damage must be suffered
  • Defending UK GDPR claim—available exemptions
  • Article 82(3) exemption—not responsible
  • The main exemptions
  • More...

Responding to a UK GDPR compensation claim—a practical guide

This Practice Note provides guidance on how to respond to a UK GDPR claim pursuant to the UK data regime in force and applying as from 11 pm on 31 December 2020.

If a claim has been commenced before exit day (11 pm on 31 January 2020) or during the implementation period (ie until 11 pm on 31 December 2020) then, under Article 67 of the Withdrawal Agreement, any such proceedings or actions that are related to such legal proceedings, then the ‘related actions’ provisions of certain European regulations, including the EU GDPR, apply. Therefore, for example the ‘suspension of proceedings’ provisions of Article 81 in the EU GDPR (and which has been removed from the UK GDPR) will continue to apply after 31 December 2020 in relation to proceedings commenced prior to 31 December 2020.

For an introductory comparison of the UK and EU data regimes, see Practice Note: Introduction to the EU GDPR and UK GDPR.

This Practice Note on compensation claims under the UK data protection regime considers how to respond to a compensation claim under the United Kingdom General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) and the Data Protection Act 2018 (DPA 2018). It is not intended to be a comprehensive guide to defending civil claims or procedural issues for defendants and,

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