Shedding some light on the territorial scope of the GDPR


Your contacts

The European Data Protection Board (EDPB) following its fourth plenary session on November 16th of this year has published guidelines on the territorial scope of the General Data Protection Regulation (GDPR) for public consultation. The public consultation will be organised from 23 November 2018 to 18 January 2019.

Before the publication of these guidelines, much has been speculated and argued in and outside of the European Union (EU) regarding the effect of the GDPR and whether or not third countries would have to follow the rules set out in the Regulation. Nevertheless, many companies established in third countries dealing with the EU were unsure how to proceed. Although especially questions regarding enforcement actions and obligations in third countries remained unanswered, the bottom line drawn by most privacy professionals was that third-country controllers and processors with strong links to the EU should comply with the GDPR.

The newly published and long-awaited guidelines will now shed some light on the many questions asked by privacy professionals with regard to issues arising out of the GDPR. With the release of the guidelines, the EDPB in particular intends to clarify the territorial scope of the GDPR to ensure a common interpretation. While national enforcement in countries outside the EU remains a matter for those national laws, among other issues addressed, the guidelines do provide clarification on issues around:

  • the application of the establishment criterion in the context of controllers and processors established outside the EU;
  • the application of the targeting criterion in the context of controllers and processors established outside the EU;
  • the processing in a place where Member State law applies by virtue of public international law; and
  • the requirement for third country controllers or processors to designate an EU representative.

Click here for the full text of the guidelines.


Share post



most read


Highlights

MLL Legal

MLL Legal is one of the leading law firms in Switzerland with offices in Zurich, Geneva, Zug, Lausanne, London and Madrid. We advise our clients in all areas of business law and stand out in particular for our first-class industry expertise in technical-innovative specialist areas, but also in regulated industries.

MLL Meyerlustenberger Lachenal Froriep

Newsletter

Much is still unclear in relation to liability questions around AI tools.

Read our latest post about “Liability during the Lifecycle of an AI Tool” and download our white paper.

Show article.

Our Story

MLL Legal is a leading Swiss law firm with a history that dates back to 1885. The firm has grown both organically and by means of strategic mergers, the latest of which took place on 1st July 2021 between Meyerlustenberger Lachenal and FRORIEP.

The merger establishes MLL Legal, a combined new entity as one of the largest commercial law firms in Switzerland with 150 lawyers in four offices in Switzerland and two offices abroad, in London and Madrid serving clients seeking Swiss law advice.

Our firm has a strong international profile and brings together recognised leadership and expertise in all areas of law affecting commerce today, with a focus on high-tech, innovative and regulated sectors. 

About us

Publications

Click here for our latest publications

COVID-19

Read all our legal updates on the impact of COVID-19 for businesses.

COVID-19 Information

Job openings

Looking for a new challenge?

Our talented and ambitious teams are motivated by a common vision to succeed. We value open and straightforward communication accross all levels of the organisation in a supportive working environment.

Job openings

Firm News

Click here for our latest firm news.

Our Team

The regulatory and technological landscape continually require businesses to adapt and evolve.
Our 150+ lawyers are continuously innovating and striving for improvement in everything they do. We embrace new ideas and technologies, combining our wealth of expertise with creative thinking and diligence. With our hands-on approach, we implement viable solutions for the most complex legal challenges.

Our Team.

LexCast – the podcast series by MLL NexGen

Smart legal education on the go. The LexCast hosted by MLL NexGen provides legal insights in a short format that allows listeners to educate themselves on and about legal issues wherever they are and whenever they find the time.

Listen to our podcast series – stay tuned.

MLL Legal on Social Media

Follow us on LinkedIn, Twitter und Instagram.