Class action and data protection risk after Lloyd v Google: What next? | BCS Law specialist group
In November 2021, the UK Supreme Court handed down its decision in Lloyd v Google. This long-awaited judgment has created a stir in the legal community and mainstream press alike. The Court’s judgment put an end to campaigner Richard Lloyd’s case against Google.
Lloyd used one of the UK’s class action mechanisms, known as the “representative action”, to sue on behalf of over 4 million Apple iPhone users who resided in England and Wales for several months during which Google used a browser cookie known as the “Safari workaround” to collect information about users’ internet activity without their consent. Lloyd sought damages for “loss of control” of data said to have resulted from Google’s conduct, which was arguably in breach of data protection law.
The damages were allegedly in the region of £3 billion across the class of claimants.
In this session, the speakers will explain what the Supreme Court decided in Lloyd v Google and why. They will then consider its ramifications for organisations both in terms of data protection risk and class action exposure.
In doing so, the speakers will give an overview of the development of class action mechanisms in the UK and share their views on why US and Australian-style class actions are set to become part of the UK’s legal landscape.
In Lloyd v Google, CMS acted for two of the Interveners in the Supreme Court appeal.