European Data Protection Board issues guidelines on data transfer scope

On November 19, 2021 the European Data Protection Board (EDPB) published new Guidelines regarding the interplay between Article 3 of the GDPR – which sets out the GDPR’s territorial scope – and the provisions on international transfers in Chapter V of the GDPR. The Guidelines aim to provide clarification as to what constitutes an international transfer, and how to implement a lawful transfer in accordance with GPPR if making such a transfer.The Guidelines provide three cumulative criteria that would categorise data processing as a transfer of personal data to a third country or an international organisation.