Article 3 Territorial scopeC1

United Kingdom

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 F1the United Kingdom, regardless of whether the processing takes place in the United Kingdom or not.

This Regulation applies to the F2relevant processing of personal data of data subjects who are in F3the United Kingdom by a controller or processor not established in the United Kingdom, 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 United Kingdom; or

(b)

the monitoring of their behaviour as far as their behaviour takes place within the United Kingdom.

F4(2A.)

In paragraph 2, “relevant processing of personal data” means processing to which this Regulation applies, other than processing described in Article 2(1)(a) or (b) or (1A).

This Regulation applies to the processing of personal data by a controller not established in F5the United Kingdom, but in a place where F6domestic law applies by virtue of public international law.

Annotations

Textual amendments

F1: Words in Art. 3(1) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 5(2) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
F2: Word in Art. 3(2) inserted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 5(3)(a) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
F3: Words in Art. 3(2) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 5(3)(b) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
F4: Art. 3(2A) inserted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 5(4) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
F5: Words in Art. 3(3) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 5(5)(a) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
F6: Words in Art. 3(3) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 5(5)(b) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)

Modifications

C1: Art. 3 modified (31.12.2020) by S.I. 2020/916, art. 4(3)(4) (as amended by The Channel Tunnel (Arrangements with the Kingdom of the Netherlands) Order 2020 (S.I. 2020/916), arts. 1(2)(a), 8(a)(i))

Notes on the whole EU Regulation

Textual amendments

F1: Regulation title amended (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 2 (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)