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