Data And Cyber Bulletin - June 2022

Published 30 June 2022

Welcome to the June edition of our Data And Cyber Bulletin, in which we share insight on the US class action against Zoom Video Communications, the recent High Court decision in Smith v TalkTalk, and the Spanish DPA’s EUR10m fine against Google LLC. In addition, we provide commentary on the challenges around attribution in the context of cyber war exclusion clauses, and the convergence of cyber and ESG.

We hope you enjoy this month’s newsletter. 

Zoom – Class Actions Go International

We provide commentary on the recently filed class action against Zoom Video Communications Inc where the proposed class includes all users of Zoom from Australia, Canada, New Zealand and/or the UK.

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Smith v TalkTalk Judgment Affirms Warren v DSG

We discuss the significance of the recent decision in Smith v TalkTalk in which the claimants’ misuse of private information (“MPI”) claim was struck out and Saini J confirmed that for a defendant to be found liable in MPI, there must be a positive act by the defendant.

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Spanish DPA issues its highest fine to date confirming the upward trend in fines imposed: Google LLC is the latest fined €10 million

We consider the Spanish DPA’s highest fine issued to date against Google LLC, a data controller outside of the EU.

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A Problem Shared – Attribution Challenges in Cyber Warfare

We highlight the challenges of apportioning responsibility for a cyber operation to a state or non-state actor in the context of cyber war exclusion clauses.

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ESG & Cyber – US SEC’s ESG Disclosure Requirements

We provide insight into the recent vote by the US SEC in relation to ESG rule changes and the cross-over with cybersecurity.

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Please do contact the authors of this month’s newsletter content if you have any questions.