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November 28 2018

Is an American company subject to GDPR if it uses a service provider in the EU?

Concerns amongst companies have arisen as GDPR states that it applies to companies that process data "in the context of an estblishment in the Union".

The EU Data Board has clarified that "a processor of data in the EU should not be considered to be an establishment of the data controller".  Important to note is that European service providers are subject to GDPR, which would include data from overseas being processed.