Data And Cyber Bulletin - December 2021

Published 17 December 2021

Welcome to the December edition of our Data And Cyber Bulletin.

This edition of our Data & Cyber Bulletin is dedicated to content from our Data Protection & Cyber Conference which we held on 6 December 2021.We were delighted to welcome so many clients to this all-day conference, with content covering an array of pertinent topics, with speakers from across our firm, and with special guests including Hattie Davison from DCMS, Lord Justice Warby a Court of Appeal Judge, and Adam Speker QC from 5RB.

We are grateful for your readership during 2021 and look forward to sharing new content and insight with you in 2022.

May we take this opportunity to wish you well across the festive period, and here’s to a happy and healthy 2022.

DAC Beachcroft’s Cyber Team

Data protection – aspects of the new landscape

We are so pleased to be able to share Lord Justice Warby’s keynote address in full, which he has kindly given us permission to publish. It is a fascinating and important account of the data protection landscape within which we find ourselves operating.

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Statistics and Trends – Cyber Breach and Litigation

This article summarises the insight Patrick Hill, Justin Tivey and Brett Randles provided in respect of the key cyber trends we identified during the last twelve months, along with a summary of DACB’s annual cyber statistics which we produce in readiness for the conference. Here we consider the profile of breaches, our experiences with the ICO along with data subject notifications over the last twelve months.

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Compensation Claims

Hans Allnutt, Patrick Hill, Eleanor Ludlam and Astrid Hardy shared their thoughts around the key developments in data breach compensation claims during 2021, covering important cases including Lloyd v Google LLC, Warren v DSG Retail Limited and Johnson v Eastlight Community Homes. We are delighted to share a summary of their fascinating summary of this important year in the world of compensation claims.

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The Rise of Cookies Litigation (and How to Avoid It)

We are pleased to share a summary of Eleanor Ludlam’s session covering the rise of cookie litigation over the last twelve months, including insight she gave as to the basis of such claims, and the challenges and strategies employed in defending them. We also share Charlotte Halford’s helpful guidance which she provided in respect of mitigating against cookie claims going forward and her insight into the shape of regulatory and legislative reform in 2022.

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The Processor’s Perspective – Where Are We Now?

Chris Air highlighted to attendees the importance of understanding data processors’ obligations under the GDPR, and not simply focussing on data controllers. We summarise the key points Chris made herein, including consideration of what we see when acting for data processors.

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