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Legal Update

EDPB's new draft guidelines on the territorial scope of the GDPR

December 2018
Mayer Brown Legal Update

The European General Data Protection Regulation ("GDPR"), which came into force over six months ago, illustrates a significant evolution in European data protection law marked by the extension of territorial scope. On November 23, the European Data Protection Board ("EDPB"), previously known as the Article 29 Working Party, issued new draft guidelines ("Guidelines") relating to the territorial scope of the GDPR. These draft Guidelines adopted by the EDPB are open for public consultation and feedback until 1January 18, 2019.

Article 3 GDPR sets out the territorial scope of the GDPR based on two criteria, namely the "establishment" criterion in Article 3(1) and the "targeting" criterion in Article 3(2). Where either one of these criteria is satisfied, the relevant Articles of the GDPR will apply to the processing of personal data by the controllers and/or processors concerned.

Authors

  • Oliver Yaros
    T +44 20 3130 3698
  • Mark A. Prinsley
    T +44 20 3130 3900
  • Charles-Albert Helleputte
    T +32 2 551 5982
  • Diletta De Cicco
    T +32 2 551 5945
  • Dr. Guido Zeppenfeld, LLM
    T +49 69 7941 2241
  • Dr. Ulrich Worm
    T +49 69 7941 2981
  • Lei Shen
    Partner
    T +1 312 701 8852
  • Kendall C. Burman
    T +1 202 263 3210
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