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ARTICLE · 11 DECEMBER 2018

Does GDPR Require Non-EU Companies To Nominate EU Representatives? EDPB Issues Guidance

Reed Smith (Worldwide)
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On 16 November 2018, the European Data Protection Board (EDPB) adopted draft guidelines on the territorial scope of the General Data Protection Regulation ...

European UnionPrivacy
Cynthia O'Donoghue
Cynthia O'Donoghue
John O'Brien
John O'Brien
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On 16 November 2018, the European Data Protection Board (EDPB) adopted draft guidelines on the territorial scope of the General Data Protection Regulation (GDPR) (the guidelines).

Last week we published a blog on these guidelines, focusing on when the GDPR applies to non-European Union (EU) controllers and processors. This week, we focus on when non-EU controllers and processors who come within the scope of the GDPR must appoint an EU representative.

GDPR requires that non-EU controllers or processors of personal data of individuals located in the EU appoint EU-based representatives (EU representative), unless they are exempt. The guidelines divide this requirement into four distinct sections.

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