The GDPR’s territorial scope is based on two main criteria: the establishment criterion and the targeting criterion. As a result of these two criteria, businesses which did not previously need to consider the applicability of EU data protection law to their processing activities may now be caught within the GDPR’s scope.
Guidelines 03/2021 on the application of Article 65(1)(a) GDPR - version for public Guidelines 3/2018 on the territorial scope of the GDPR (Article 3) - version
28 November 2018. 12 December 2018. On 26 November 2018, the WP29’s successor, the European Data Protection Board (EDPB) published, Guidelines on the territorial scope of the GDPR (Art. 3).
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It was supposedly agreed in principle (subject to legal checks) at its plenary meeting over three months ago. 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 account the contributions and feedback that the EDPB received during a public consultation on a draft version of the guidelines (see here).
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. Controllers and processors should consider these key takeaways and actions in light of the final guidance:
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29 Jan 2019 Fortunately, the European Data Protection Board (EDPB) has now seen fit to clarify the territorial scope of GDPR (how widely this regulation
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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29 Jan 2019 Fortunately, the European Data Protection Board (EDPB) has now seen fit to clarify the territorial scope of GDPR (how widely this regulation
9 Jan 2020 In Portugal, the GDPR Enforcement Law was approved and the Portuguese The EDPB and the TJUE were also active, issuing several decisions and processing activity falls within the territorial scope of the GDPR.
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The territorial scope of the GDPR is determined on the basis of two main criteria: the 'establishment' criterion in Article 3(1), and the 'targeting' criterion in Article 3(2).
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);
On 12 November 2019, the European Data Protection Board ('EDPB') adopted the final version of its guidelines ('the Guidelines') on the territorial scope of the General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR') almost one year after the guidelines had been published in draft form 1.
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20 Apr 2020 The EDPB recommends a three-fold approach in determining whether or not the processing of personal data falls within the scope of the GDPR
While the guidelines aim to clarify the GDPR’s territorial scope and suggests that U.S. retirement plans, may often be outside GDPR’s scope, it will be important to monitor E.U. courts and guidance from country regulators as they further interpret GDPR’s scope. 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.
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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. These guidelines will however specify the various scenarios that may arise, depending on the type of
“This Regulation applies to the processing of personal data in 2 Feb 2021 This blog post takes a detailed look at the final guidelines on the territorial scope of the GDPR, which the European Data Protection Board (the 18 Jan 2019 The EBF welcomes the use of examples by the EDPB in order to clarify the territorial scope of the GDPR. However, we would welcome further Article 3 of the GDPR governs its territorial scope. Pursuant to Articles 3(1) and 3( 2), the GDPR applies to businesses established in the EU, as well as to 18 Jan 2019 Via email to EDPB@edpb.europa.eu. Ms. Andrea We believe that the EDPB's Guidelines on the territorial scope of the GDPR (Article 3) (the. General Data Protection Regulation. Medlemsstater: EDPB · Kontakta oss. European Data Protection Board logo.