Client Alert: How Wide is the Territorial Application of the GDPR? The English High Court Offers Some Guidance
Publications
January 20, 2021
By now, it is generally understood that the General Data Protection Regulation (GDPR)[1] can apply extraterritorially; that is to say that it can apply to entities established outside of the European Union. The true extent of this extraterritorial application, however, has not often been tested, and as the English High Court’s decision in Soriano v Forensic News LLC and Others[2] (Soriano) has shown, will take time to be determined as data protection authorities and private litigants bring proceedings against non-European controllers and processors. Ultimately, Soriano is useful in that it identifies some benchmarks as to what is not sufficient to trigger extraterritorial application of GDPR. However, given how fact-dependant the ruling is, Soriano leaves much to the imagination with respect to other fact patterns that might result in a different result.
To read the full alert, click here.
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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
Publications
January 20, 2021
By now, it is generally understood that the General Data Protection Regulation (GDPR)[1] can apply extraterritorially; that is to say that it can apply to entities established outside of the European Union. The true extent of this extraterritorial application, however, has not often been tested, and as the English High Court’s decision in Soriano v Forensic News LLC and Others[2] (Soriano) has shown, will take time to be determined as data protection authorities and private litigants bring proceedings against non-European controllers and processors. Ultimately, Soriano is useful in that it identifies some benchmarks as to what is not sufficient to trigger extraterritorial application of GDPR. However, given how fact-dependant the ruling is, Soriano leaves much to the imagination with respect to other fact patterns that might result in a different result.
To read the full alert, click here.
Related Capabilities
Related Locations
© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
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