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UK Court of Appeal considers territorial scope of GDPR


January 25, 2022

A recent UK Court of Appeal decision highlights ongoing uncertainty regarding the jurisdictional reach of the GDPR and invites intervention from the Information Commissioner’s Office.

The UK Court of Appeal has allowed a claim for contravention of the GDPR to be served on various U.S. defendants, indicating that until the courts clarify the territorial scope of the GDPR there will be a low bar for the EU/UK nexus required to bring claims against non-EU/UK. parties for breaches of the GDPR in the UK. Soriano v Forensic News LLC1 is understood to be the first case anywhere in the EU and UK on the territorial scope of the GDPR under Article 3(2) and emphasizes the broad geographic scope of both the EU GDPR and the UK GDPR.

The Court of Appeal decision related to permission to serve a claim outside the UK.

The court did not have to reach a definitive conclusion on the territorial remit of the GDPR, but only whether the claimant’s position was sufficiently arguable.

Background & Full Article: