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RPC advises client techUK as intervening party in landmark Lloyd v Google case in UK Supreme Court

Published on 29 April 2021

International law firm RPC supported its client techUK, a technology trade organisation, as an intervening party in the appeal of Richard Lloyd v Google LLC following the Supreme Court granting permission for techUK to submit a written intervention.

The appeal is scheduled to be heard in the UK's Supreme Court on the 28 and 29 April. techUK's written submission can be found here.   

The appeal concerns two issues of public importance that have profound implications for the UK technology sector. The first is whether monetary compensation is available in respect of a breach of data protection legislation even where no damage or distress has been suffered. The second relates to the bringing of representative "opt-out" actions in respect of claims for a breach of data protection legislation.

The appeal has the potential to create a new legal precedent permitting representative action claims for breaches of data protection legislation to be brought against technology companies, public sector bodies and others, on an "opt-out" rather than an "opt-in" basis, without those within the representative class having to prove that they suffered any damage or distress.

RPC's technology team was led by David Cran and Alex Vakil, who instructed Catrin Evans QC and Ian Helme from Matrix Chambers.

Commenting on RPC's support for techUK, David Cran, Partner at RPC said: "techUK's written intervention points out the far-reaching consequences arising out of the Court of Appeal's judgment that are of significant concern to those in the technology sector who control and process significant quantities of personal data in the furtherance of economic and social developments.

"techUK represents many of the most important players in the digital technology space and champions a technology led growth to a globally competitive, innovative and sustainable UK economy. As such, it is uniquely placed to make written submissions in this appeal to highlight the consequences of the Court of Appeal's judgment to the wider technology community.

Our support for techUK falls right into our sweet spot, not least as RPC's technology team brings together a unique mix of significant digital, data and tech industry knowledge, led by individuals who have become "go to" advisers for many of the world's leading tech companies."