James Lloyd

Partner

London


Read full biography at www.orrick.com
James is a partner in Orrick's Cyber & Data Privacy Enforcement & Litigation Practice in London. He assists clients to achieve better regulatory and judicial outcomes in all aspects of international data privacy enforcement and litigation.

James helps clients respond to cyberattacks, data breaches, and action by data protection regulators.

James has led the response to significant enforcement investigations by international and domestic regulators, including the UK’s Information Commissioner’s Office, law enforcement agencies and Parliamentary Select Committees. He also has experience in conducting internal investigations on behalf of international corporations.

With extensive litigation experience, James also defends his clients when data privacy issues lead to civil litigation.

Posts by: James Lloyd

ICO FINES: WHEN IS AN APPEAL APPEALING?

The decision to appeal a regulatory finding is never taken lightly. By the time a regulator has completed its investigation and notified a company of its intention to fine, the company will have invested significant time and money in responding to the regulatory investigation. As such, there is a real temptation to accept the fine and the accompanying statement from the regulator and move on.

However, in the case of recent regulatory findings, fines and intentions to fine issued by the UK’s Information Commissioner’s Office (the “ICO”) against British Airways, Marriott and Dixons Carphone, all three  companies have appealed or indicated an intention to appeal despite the significant difference in the levels of the fines/intentions to fine. In our view, this is related to the spectre of an emerging class action litigation culture in the UK that increases the stakes for any company facing negative regulatory findings.

In this UK-focused blog we explore the potential motivation behind these decisions to appeal, why we expect to see more companies taking this approach in the future, and the steps to be taken in order to appeal decisions by the ICO and we also consider whether the companies that have failed to appeal and are now facing class actions made the right decision when they elected not to appeal.

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