Q&As

Under Article 3 of the General Data Protection Regulation, will all personal data processed ‘in the context of the activities of an establishment of a controller or a processor’ based in the EU fall under the regulation regardless if the personal data in question relates to EEA individuals or not?

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Produced in partnership with Shobana Iyer of Swan Chambers
Published on: 18 December 2017
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The General Data protection Regulation (EU) 2016/679 (the GDPR) applies in all EU Member States from 25 May 2018. Note that in answering this question we have not commented on the detailed exemptions from the scope of the GDPR (eg under Article 2 of the GDPR) nor the proposed scope of the UK’s proposed Data Protection Bill (including the ‘applied GDPR regime’). For further information on that Bill, see Practice Note: The Data Protection Act 2018.

Personal data is defined in Article 4 of the GDPR as ‘any information relating to an identified or identifiable natural person (data subject); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location

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Data protection definition
What does Data protection mean?

In an employment context, this refers to the obligation on an employer to protect the data of its employees and ensure that it complies with the law on how it uses the employees' data.

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