The GDPR litigation pipeline
As the dust begins to settle on implementation and compliance, a new menace emerges: the weaponisation of the GDPR in complaints and litigation.
Gallons of ink continue to be spilt over the General Data Protection Regulation (GDPR), and its ubiquity has given rise to all sorts of takes, from memes to moans, and the vain cries of practitioners insisting that all those consent emails have got it wrong.
As those emails subside, and the dust begins to settle on implementation and compliance, a new menace emerges: the weaponisation of the GDPR in complaints and litigation. Although many feel that GDPR fatigue has set in, on 25 May 2018 (the date on which the GDPR came into force), the Information Commissioner’s website struggled to cope with huge amounts of traffic; Facebook and Google were the recipients of the first official complaints of non-compliance.
Dispute resolution lawyers can expect a pipeline of disputes and contentious matters to emerge. Some of the causes of action are found within the GDPR. Others were already there, some hiding in plain sight.
Our article "The GDPR litigation pipeline" examines these issues in more detail.
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