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GDPR

Do I need GDPR compliance if my company is not in the EU?

GDPR has extraterritorial reach. Use this 6-question tree to find out whether your non-EU company must comply and what to do next.

Last updated: 1 May 2025

Do Non EU company need to comply with GDPR?

GDPR has extraterritorial reach. Use this 6-question tree to find out whether your non-EU company must comply and what to do next. If yes: GDPR applies — SCCs required before transferring EU data. If not: No cross-border transfers — GDPR still applies, lower complexity. Use the i…

  • Yes path: GDPR applies — SCCs required before transferring EU data
  • No path: No cross-border transfers — GDPR still applies, lower complexity
  • Use the step-by-step decision tree below for your exact situation
Source: EUR-Lex — GDPR (Regulation 2016/679)Reviewed:
Step 1

GDPR · Question 1

Do you offer goods or services to people in the EU — even for free?

Indicators: EU-language website, EU currency pricing, EU-specific content, shipping to EU, or accepting EU sign-ups.

For informational purposes only. Consult qualified legal counsel before making compliance decisions.

Decision Criteria & Full Path Breakdown

Review all branch conditions, regulatory criteria, and outcomes assessed by this decision tree.

  1. 1

    Do you offer goods or services to people in the EU — even for free?

    Indicators: EU-language website, EU currency pricing, EU-specific content, shipping to EU, or accepting EU sign-ups.

    If Yes: Proceeds to: Do you monitor the behaviour of EU residents?
    If No: Proceeds to: Does your company have an office, subsidiary, or any business establishment inside the EU?
  2. 2

    Do you monitor the behaviour of EU residents?

    Behaviour monitoring includes: website analytics, retargeting ads, A/B testing on EU users, or tracking user journeys across sessions.

    If Yes: Proceeds to: Do you have an EU representative appointed in writing?
    If No: Proceeds to: Do you collect any personal data from EU residents even without actively targeting them?
  3. 3

    Do you have an EU representative appointed in writing?

    Non-EU companies subject to GDPR must designate a representative in an EU member state (Art. 27) — unless they are a public authority or process only occasionally with low risk.

    If Yes: Proceeds to: Do you transfer EU personal data back to your servers or staff outside the EU?
    If No: GDPR applies — appoint an EU representative immediately
  4. 4

    Do you transfer EU personal data back to your servers or staff outside the EU?

    Any movement of EU personal data to a country without an EU adequacy decision (e.g. the US) requires Standard Contractual Clauses or Binding Corporate Rules.

    If Yes: Proceeds to: Have you signed Standard Contractual Clauses (SCCs) with all data importers?
    If No: No cross-border transfers — GDPR still applies, lower complexity
  5. 5

    Have you signed Standard Contractual Clauses (SCCs) with all data importers?

    SCCs are the standard mechanism for lawful EU-to-third-country data transfers. The 2021 EU SCCs replaced the old sets.

    If Yes: Good foundation — verify your full GDPR compliance posture
    If No: GDPR applies — SCCs required before transferring EU data
  6. 6

    Do you collect any personal data from EU residents even without actively targeting them?

    If EU users organically find your product and sign up, you still process their data — GDPR may apply.

    If Yes: GDPR likely applies — review Art. 3 territorial scope
    If No: GDPR does not apply — no targeting or monitoring of EU residents
  7. 7

    Does your company have an office, subsidiary, or any business establishment inside the EU?

    Even a single employee based in the EU can constitute an establishment, triggering GDPR for all processing connected to that establishment's activity.

    If Yes: GDPR applies — EU establishment triggers full compliance
    If No: GDPR does not appear to apply