Territorial scope
Art. 3 GDPR
- This Regulation applies to the processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union, regardless of whether the processing takes place in the Union or not.
- This Regulation applies to the processing of personal data of data subjects who are in the Union by a controller or processor not established in the Union, where the processing activities are related to:
- the offering of goods or services, irrespective of whether a payment of the data subject is required, to such data subjects in the Union; or
- the monitoring of their behaviour as far as their behaviour takes place within the Union.
- This Regulation applies to the processing of personal data by a controller not established in the Union, but in a place where Member State law applies by virtue of public international law.
Suitable Recitals
- (22) Processing by an Establishment
- (23) Applicable to Controllers/Processors Not Established in the Union if Data Subjects Within the Union are Targeted
- (24) Applicable to Controllers/Processors Not Established in the Union if Data Subjects Within the Union are Profiled
- (25) Applicable to Controllers Due to International Law