Aa flexible conception of the notion of headquarters which removes any formalistic approach according to which an enterprise would be established exclusively in the place where it is registered . Thus in order to determine whether a company data operator has a seat within the meaning of Directive in another member state than the member state or the third country where it is registered it is necessary to evaluate both the degree of stability of the form of installation as well as the effectiveness of carrying out activities in this other member state taking into account the specific nature of the economic activities and the provision of services in question.
This statement is especially true for businesses that offer services Country Email List exclusively on the Internet. Consequently on December the Working Group art. WP updated its opinion on applicable law following the Google Spain case and adopted the inextricable link test. According to WP EU legislation will apply to data processing activities carried out by a foreign operator established outside the to the processing of personal data. For companies that have a seat in the EU acting as an operator but have other relevant units in other member states and these activities are inextricably linked to the data processing activities for example the promotion and sale of space advertising the national laws of the member states where such units are established will also apply. What will the General Data Protection.
Regulation impose The GDPR will impose obligations on data controllers in addition to data controllers and will expand the territorial scope of EU data protection law. Specifically the GDPR will apply to the processing of personal data in the context of the activities of a controller or a person authorized by the controller in the EU regardless of whether the processing takes place in the EU or not and of data subjects residing in the EU by an operator.
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