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High Court considers extra-territorial scope provisions of the EU GDPR (Soriano v Forensic News)

High Court considers extra-territorial scope provisions of the EU GDPR (Soriano v Forensic News)
Published on: 27 January 2021
Published by: LexisPSL
  • High Court considers extra-territorial scope provisions of the EU GDPR (Soriano v Forensic News)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Data Protection Claim
  • Libel Claim
  • Misuse of private information claim
  • Case details

Article summary

Information Law analysis: The High Court has considered the extra-territorial scope provisions of Article 3 of the General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) for the first time. The claimant sought to make various claims against the defendants, including for malicious falsehood, harassment, misuse of private information, libel, and breaches of data protection legislation. As the defendants were all domiciled in the US, the claimant applied for permission under the UK CPR PD 6B to serve proceedings on the defendants in the US. The court held that the defendants’ processing of personal data was outside the scope of the EU GDPR and, as such, the claimant had no arguable case under the EU GDPR. However, the claimant was given permission to serve proceedings in respect of the claim for misuse of private information (for photos only) and the defamation claim. Written by Bridget Treacy, partner, and Jonathan Wright, associate, at Hunton Andrews Kurth LLP. or take a trial to read the full analysis.

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