Starting a UK GDPR compensation claim—a practical guide
Produced in partnership with Robert Brodrick and Stephen Woodward of Payne Hicks Beach
Starting a UK GDPR compensation claim—a practical guide

The following Dispute Resolution practice note Produced in partnership with Robert Brodrick and Stephen Woodward of Payne Hicks Beach provides comprehensive and up to date legal information covering:

  • Starting a UK GDPR compensation claim—a practical guide
  • The scope of the UK GDPR
  • UK GDPR compensation claim—the legislative framework
  • UK GDPR compensation claim—is there a compensation claim?
  • What does a claimant need to demonstrate?
  • Who can bring a claim for UK GDPR compensation?
  • Has there been a UK GDPR breach?
  • Damage must be suffered
  • Exemptions which preclude a UK GDPR compensation claim
  • UK GDPR compensation claim—who is the defendant?
  • More...

This Practice Note provides guidance on pursuing 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), 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 considers compensation claims under the UK data protection regime, ie how to pursue a compensation claim under the Retained General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) and the Data Protection Act 2018 (DPA 2018). This Practice Note is not intended to be a comprehensive guide to pursuing civil claims or procedural issues for claimants and, instead, focuses on the key factors that will often arise specifically in the context of compensation claims

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