IAPP Europe Data Protection Congress 2021

Keily Blair and Dr. Christian Schröder, partners in Orrick’s Cyber, Privacy and Data Innovation group are hosting the “Be Prepared: Minimizing Litigation Risk When Responding to Access Requests” panel during IAPP’s Europe Data Protection Congress 2021. As individuals become more aware of their right to bring civil claims on damages for distress and non-material harm in the context of privacy, companies need to be prepared for how to react. This session will discuss the scope and legal landscape of Data Subject Access Requests (DSAR), new claims developments for distress and non-material harm under the General Data Protection Regulation (GDPR) and best practices for reacting practically. The session will also shed light on the indicators that point towards litigation and recommended reactions, the pros and cons of responding broadly and what risks have to be weighed.

What you will learn:

• How the best organisations are responding to access requests in a way that minimises the risk of data subjects resorting to the courts for compensation.
• How to defend any civil claims which are brought for distress and non-material harm, drawing on key court decisions from across Europe (EU) and the United Kingdom (UK).
• How responding to a DSAR can impact whether or not you face litigation.
• The current case law in the EU and UK on claims for damages for distress and non-material harm.