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Regulation (EU) 2016/679 as retained in UK law (UK GDPR) – Article 3 – Territorial scope

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Article 3Territorial scope

1. 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 [F1the United Kingdom] or not.
2. 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 [F3the 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 [F3the United Kingdom]; or
  • (b)
    the monitoring of their behaviour as far as their behaviour takes place within [F3the United Kingdom].
2A. [F4 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).]
3. 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 and footnotes

Textual Amendments

  1. 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)
  2. 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)
  3. 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)
  4. 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)
  5. 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)
  6. 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 etc. (not altering text)

  1. 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))

Related recitals

Rec. 22Rec. 23Rec. 24Rec. 25

https://uk-gdpr.digiphile.law/article/article-3.html

Text as at 17 September 2026.

This is an unofficial convenience version of the UK GDPR (Regulation (EU) 2016/679 as retained in UK law). It is presented “as is” without guarantee of accuracy, completeness or reliability. See the source text for the official version. This site was last updated in September 2026.

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