UK – Another important judgment on the de minimis threshold, and other key takeaways

On 16 November 2021, the English High Court declined to strike-out a claim for damages for distress following an isolated one-off data incident which was quickly remedied. In doing so, however, the Court:

  • confirmed that the de minimis concept is equally applicable to claims under the GDPR and Data Protection Act 2018, as it was to claims under the Data Protection Act 1998;
  • held that a claim for injunctive and declaratory relief in circumstances such as those present in this case was misconceived; and
  • offered further welcome dicta on the appropriate forum for the issuance of such claims, transferring the claim to the County Court, and criticising the claimant firm’s conduct.

Our article and analysis of the Judgment is available to read here.