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ARTICLE · 24 FEBRUARY 2020

Shook Lawyers Explain UK Google Privacy Decision

Shook, Hardy & Bacon LLP
Shook, Hardy & Bacon LLP
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Shook, Hardy & Bacon LLP

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The authors detail the case's initial dismissal and the appeals court's reversal.

United KingdomPrivacy
Shook, Hardy & Bacon L.L.P.
Shook, Hardy & Bacon L.L.P.

Shook Partner Sarah Croft and Associates Kate Paine and Marisa Pearce have written a Financier Worldwide article on a Court of Appeal of England and Wales decision reviving data privacy claims against Google. The plaintiff in Lloyd v. Google alleged that Google bypassed default privacy settings to install cookies on users' phones without the users' knowledge or consent, allowing the company to gather "browser generated information" in violation of the U.K. Data Protection Act 1998 (DPA). The authors detail the case's initial dismissal and the appeals court's reversal.

"Though commonplace in the US, class action litigation has remained relatively rare in England and Wales," Paine, Pearce and Croft explain. However, privacy laws such as the DPA and the General Data Privacy Regulation (GDPR) have resulted in data breaches carrying serious consequences, changing the litigation landscape.

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