Today the Supreme Court handed down its decision in Wm Morrisons Supermarkets Plc v Various Claimants [2020] UKSC 12, bringing to its conclusion a case which had the potential to alter significantly the data protection and cyber security litigation and class action landscape.

The headline news is that Morrisons has been found not to be vicariously liable for the actions of a rogue employee in leaking employee data to a publicly available file-sharing website.

The judgment will likely result in a collective sigh of relief for organisations who have been watching closely to track their potential liability for data breach class actions. However, it is important to note that the Morrisons case and judgment is very fact specific; it does not close the door on data breach class action compensation as a whole. Boardrooms should still be examining the technical and organisational measures they have in place to prevent personal data breaches in order to reduce the risk of regulatory enforcement and class actions.

For further information, please see our blog post here.

Miriam Everett

Miriam Everett
Partner, Head of Data Protection and Privacy, London
+44 20 7466 2378

Tim Leaver

Tim Leaver
Partner, Employment, Pensions & Incentives, London
+44 20 7466 2305

Julian Copeman

Julian Copeman
Partner, Disputes, London
+44 20 7466 2168

Greig Anderson

Greig Anderson
Partner, Disputes, London
+44 20 7466 2229

Andrew Moir

Andrew Moir
Partner, Global Head of Cyber Security, London
+44 20 7466 2773

Kate Macmillan

Kate Macmillan
Consultant, Disputes, London
+44 20 7466 3737

Lauren Hudson

Lauren Hudson
Associate, Digital TMT & Data, London
+44 20 7466 2483

Anna Henderson

Anna Henderson
Professional Support Consultant, Employment, Pensions & Incentives, London
+44 20 7466 2819

Maura McIntosh

Maura McIntosh
Professional Support Consultant, Disputes, London
+44 20 7466 2608