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ARTICLE · 11 APRIL 2018

Where Does The 679/2016 Regulation Apply?

Stefanelli & Stefanelli Studio Legale
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As the date of the full implementation of the 679/2016 Regulation draws nearer (May 25, 2018), it is important to understand who it refers to and where does it apply.

European UnionPrivacy

As the date of the full implementation of the 679/2016 Regulation draws nearer (May 25, 2018), it is important to understand who it refers to and where does it apply. For data subjects, it is useful to know where to turn to exercise their rights, and for companies this is even more crucial, in order to ensure that they operate in accordance to law.

The territorial scope of the Regulation is based on 4 criteria:

  • The first criterion concerns the establishment. The Regulation, in essence, applies to all controllers that are established in a Member State of the European Union, irrespective whether the data processing takes place within the Union or not. It follows that a European company must comply to the GDPR (General Data Protection Regulation) also when it processes personal data of non-EU citizens.

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