Federal District Court Rejects Plaintiff’s Attempt to Bring UK GDPR Lawsuit in US Court

Written by: Alyssa Feliciano, Esq.

On August 16, 2021, a California federal district court dismissed what would have been the first case brought by a British or EU resident to the US regarding the interpretation and enforcement of GDPR. The Plaintiff, a UK resident, alleged that US-based company, PubMatic, placed unique and therefore individuating identifiers in the form of cookies on the plaintiff’s device and used those uniquely identifying cookies to monitor and track online activities in violation of the UK GDPR.  The UK law is almost identical to the European Union GDPR; however, it does not require complaints to be filed in a European court.

The following are the main takeaways from this case:

1. 1. The court determined that the UK court system is a more appropriate forum based on the circumstances. One factor that played a role in the decision was PubMatic’s willingness to be served in a UK court.
   2. The court determined that the UK has a strong interest in addressing injuries to English and Welsh subjects, particularly injuries to rights created by UK legislation.
   3. The court determined that the UK has a strong interest in interpreting and applying its own regulatory scheme for Internet privacy, a scheme largely lacking in precedent.
   4. PubMatic also argued that the plaintiff did not have standing. The court did not address the issue of standing because it dismissed the case on other grounds.

In concluding its order dismissing the case, the court stated there is “no argument—there exists an adequate alternative forum.”