TERRITORIAL SCOPEGDPR Article 3 – General Data Protection Regulation
1. This Regulation applies to the processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union, regardless of whether the processing takes place in the Union or not.
2. This Regulation applies to the processing of personal data of data subjects who are in the Union by a controller or processor not established in the Union, where the processing activities are related to:
(a) the offering of goods or services, irrespective of whether a payment of the data subject is required, to such data subjects in the Union; or
(b) the monitoring of their behaviour as far as their behaviour takes place within the Union.
3. This Regulation applies to the processing of personal data by a controller not established in the Union, but in a place where Member State law applies by virtue of public international law.
Relevant Recitals for GDPR Article 3: GDPR Recitals 22 (Territorial application: processing by establishment independent of place of processing), 23 (Controller or a processor offering goods or services not established in the EU), 24 (Territorial application: monitoring behaviour by controller or processor not established in the Union) and 25 (Territorial application: EU Member State diplomatic mission or consular post).