Sanso Rondon v LexisNexis Risk Solutions UK Ltd

Sanso Rondon v LexisNexis Risk Solutions UK Ltd

Article 27 GDPR does not create liability for representatives for the actions of controllers not established in the Union. The representative's role is limited to being a point of contact and facilitating communication, not assuming liability for the controller's breaches. The claim against the Defendant as representative is not sustainable in law and must be struck out.

Parties
Claimant/respondent: Mr Baldo Sansó Rondón; Defendant/applicant: LexisNexis Risk Solutions UK Limited
Jurisdiction
England and Wales
Judgment Date
28 May 2021
Procedural Posture
Civil / Application for Strike Out or Summary Judgment
Outcome
Claim struck out
Legal Topics
GDPR Interpretation, Liability of Representatives, Jurisdiction, Data Subject Rights

Case Brief

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Parties

Mr Baldo Sansó Rondón

Claimant/respondent

LexisNexis Risk Solutions UK Limited

Defendant/applicant

Procedural Posture

Civil / Application for Strike Out or Summary Judgment

  1. 1 Whether an Article 27 GDPR representative can be held liable for the actions of a data controller not established in the Union
  2. 2 Interpretation of Article 27 GDPR and Recital 80 regarding representative liability

Ratio Decidendi

Article 27 GDPR does not create liability for representatives for the actions of controllers not established in the Union. The representative's role is limited to being a point of contact and facilitating communication, not assuming liability for the controller's breaches. The claim against the Defendant as representative is not sustainable in law and must be struck out.

Court Disposition

Claim struck out

Orders

  • The claim against the Defendant is struck out.