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
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether an Article 27 GDPR representative can be held liable for the actions of a data controller not established in the Union
- 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.
Full Case Text
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