EDPB Publishes Draft Guidelines On The Territorial Scope Of The GDPR's Article 3

The European Data Protection Board (EDPB) has finally published its long-awaited draft guidelines 3/2018 on the territorial scope of GDPR (article 3) ("Draft Guidelines"). These are now subject to consultation until 18 January 2019.

These Draft Guidelines are pertinent to companies outside of the EU seeking to determine whether the General Data Protection Regulation "GDPR" applies to them. The Draft Guidelines are just as important for companies that must comply with the GDPR in their business dealings with non-EU organisations.

Article 3 of the GDPR defines the territorial scope of the regulation using two main criterion, Establishment" (Article 3(1)) and "Targeting" (Article 3(2)).