Since the Regulations were first published there has been uncertainty in relation to the full extent of the territorial scope of the GDPR itself. That uncertainty has continued after the GDPR’s implementation, but finally in November 2018, the European Data Protection Board (the EDPB) published new guidelines on the extent of its territorial scope of the GDPR (available here ).

This note considers some of the EDPB’s key recommendations and examples of when the GDPR does or does not apply. EDPB publishes draft Guidelines on territorial scope of the GDPR data in the context of the activities of an The European Data Protection Board (EDPB) has released its guidelines on the territorial scope of the General Data Protection Regulation (GDPR) for public consultation. The guidelines seek to clarify the application of GDPR to controllers and processors that are not located in the European Union (EU) and the scope of the privacy laws extraterritoriality. The EDPB notes that it is continuing to assess the interplay between the territorial scope rules of the GDPR and the provisions on international transfers; the authors expect further guidance to 2018-12-03 · On November 16, 2018, the European Data Protection Board (“EDPB”) released “Guidelines 3/2018 on the territorial scope of the GDPR (Article 3)-Version for public consultation.” These guidelines provide interpretation and clarification of the Article 3 criteria that can help organizations understand and evaluate how the GDPR applies to their data processing.

2019-12-02 · The GDPR defines the territorial scope of the Regulation on the basis of Article 3.1 (the “Establishment criterion”), according to which the GDPR applies to processing "in the context of an establishment" of a controller or processor in the EU, and Article 3.2 (the “Targeting criterion”), according to which the GDPR applies to non-EU controllers or processors in certain specific circumstances. The EDPB clarifies important limits to the GDPR’s extraterritorial scope. The EDPB added language and examples to clarify and emphasize limitations on the regulation’s extraterritorial scope. Perhaps most important, the EDPB clarified that offers for goods or services are not within scope if they are inadvertent or incidental. They must “intentionally” target individuals in the EU. But non-EU processors may now be directly within the GDPR’s scope based on their own “targeting On 12 November 2019, at its 15th plenary meeting, the European Data Protection Board (EDPB) adopted final guidelines on the territorial scope of the General Data Protection Regulation (GDPR) (the guidelines) following public consultation. We have previously considered the draft guidelines on our blog.

If either of these criteria is met, the relevant provisions of the GDPR will apply to the data processing, and subsequently the controller and/or processor involved in that data processing, will have to ensure EDPB - Guidelines on the Territorial Scope of the GDPR (Art.

Guidelines 3/2018 on the territorial scope of the GDPR (Article 3) - version adopted after public consultation. 12 November 2019. Guidelines. Guidelines 3/2018 530.09 KB. Bulgarian Czech Danish German Greek English Spanish Estonian Finnish French Croatian Hungarian Italian Lithuanian Latvian Maltese Dutch Polish Portuguese Romanian Slovak Slovenian

3). This takes into account… While we appreciate the EDPB’s reference to Member State law in the third paragraph of this section on p. 12, we believe that the simple list of Articles provided may lead to the impression that the GDPR’s territorial scope can be modified by Member States under such Articles. Providing a blanket assumption that the scope As a general principle, the EDPB asserts that where the processing of personal data falls within the territorial scope of the GDPR, all provisions of the Regulation apply to such processing.

The European Data Protection Board (“EDPB”) adopted its highly anticipated guidelines on the territorial scope of the General Data Protection Regulation (“GDPR”) (the “Guidelines”), which are currently open for public consultation until January 18, 2019.

Finally the EDPB allude to future guidance to clarify the interplay between the territorial scope of the GDPR and rules on international data transfers. This opaque reference is likely due to a few points: still no Model Clauses to cover the scenario of a non-EU controller transferring data to an EU processor (and back); 2 December 2019. Almost exactly a year after publishing its draft version, the EDPB has adopted its final guidelines on Article 3 of the GDPR and the extra-territorial scope of the legislation.

The EDPB’s final guidance on territorial scope contains important new clarifications and examples that constrain the GDPR’s reach in some cases and expand it in others.
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– EDPB'S Guidelines on the GDPR'S Territorial Scope.

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The following article aims to give an overview on the guidelines, following the same structure than the EDPB. Territorial Scope of the GDPR (Article 3). Article 3

Such a standard interpretation is essential for controllers and processors, both within and outside the EU, so that they may assess whether they need to comply with the GDPR for a given processing activity. 2019-12-02 · The GDPR defines the territorial scope of the Regulation on the basis of Article 3.1 (the “Establishment criterion”), according to which the GDPR applies to processing "in the context of an establishment" of a controller or processor in the EU, and Article 3.2 (the “Targeting criterion”), according to which the GDPR applies to non-EU controllers or processors in certain specific circumstances. The EDPB clarifies important limits to the GDPR’s extraterritorial scope. The EDPB added language and examples to clarify and emphasize limitations on the regulation’s extraterritorial scope.

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20 Nov 2019 On November 14, 2019, the EDPB adopted a final version of Guidelines 3/2018 on the territorial scope of the GDPR (Art. 3). This takes into

EDPB’s Common Sense Approach to the GDPR’s Territorial Scope The EU General Data Protection Regulation is now a fully functioning six-month old creature, which has brought with it significant evolutionary changes. The guidelines provide an in-depth interpretation of the GDPR's territorial scope. This clarity will be helpful to global companies with EU operations. The EDPB has opened the guidelines up to public consultation and welcomes comments on the draft until 18 January 2019. The EDPB makes clear that Art. 3 of the GDPR is aimed at determining whether a particular processing activity, rather than an entity or person, is within the scope of the GDPR. operations fall within the scope of the GDPR, and ensure a consistent approach to the application of the GDPR. This note considers some of the EDPB’s key recommendations and examples of when the GDPR does or does not apply.

9 Apr 2019 On November 16, 2018, the European Data Protection Board (EDPB) issued for public comment guidelines on the territorial scope of the GDPR

Following a public consultation and an adoption at its 15th plenary meeting, the European Data Protection Board has published a final version of its guidelines on the territorial scope under Article 3 of the EU General Data Protection Regulation. The guidelines were drawn up to assist data protection authorities with their application of the GDPR on certain data-processing activities, including those of EU companies working outside the EDPB Publishes Finalised Guidelines on Territorial Scope On 15 November 2019, the European Data Protection Board ('EDPB') published its finalized Guidelines on the Territorial Scope of the GDPR. The revisions to the Guidelines - highlighted in bold below - followed a period of open public consultation which ran until 18 January 2019. On November 14, 2019, the EDPB adopted a final version of Guidelines 3/2018 on the territorial scope of the GDPR (Art. 3).

The EDPB has opened the guidelines up to public consultation and welcomes comments on the draft until 18 January 2019. The European Data Protection Board (EDPB) has finally published its long-awaited final version of the guidelines 3/2018 on the territorial scope of the GDPR (article 3). Such a standard interpretation is essential for controllers and processors, both within and outside the EU, so that they may assess whether they need to comply with the GDPR for a given processing activity. 2019-12-02 · The GDPR defines the territorial scope of the Regulation on the basis of Article 3.1 (the “Establishment criterion”), according to which the GDPR applies to processing "in the context of an establishment" of a controller or processor in the EU, and Article 3.2 (the “Targeting criterion”), according to which the GDPR applies to non-EU controllers or processors in certain specific circumstances. The EDPB clarifies important limits to the GDPR’s extraterritorial scope. The EDPB added language and examples to clarify and emphasize limitations on the regulation’s extraterritorial scope. Perhaps most important, the EDPB clarified that offers for goods or services are not within scope if they are inadvertent or incidental.