# Definitions 4(16) — GDPR — provision context

> Focused context for a single provision (4(16)), curated from overview.legal on 2026-08-22. Canonical: https://overview.legal/laws/gdpr/art-4#par-16
> Verify against the official text (EUR-Lex / wetten.overheid.nl) before relying on it.

Part of **Definitions** (GDPR, full article: https://overview.legal/laws/gdpr/art-4).

## Provision text

### 4(16)

‘main establishment’ means:

a) as regards a controller with establishments in more than one Member State, the place of its central administration in the Union, unless the decisions on the purposes and means of the processing of personal data are taken in another establishment of the controller in the Union and the latter establishment has the power to have such decisions implemented, in which case the establishment having taken such decisions is to be considered to be the main establishment;
b) as regards a processor with establishments in more than one Member State, the place of its central administration in the Union, or, if the processor has no central administration in the Union, the establishment of the processor in the Union where the main processing activities in the context of the activities of an establishment of the processor take place to the extent that the processor is subject to specific obligations under this Regulation;

## Cited by (exact-provision citations)

- **Guidelines 8/2022 on identifying a controller or processor's lead supervisory authority** (guidance) — https://overview.legal/posts/38046
- **Guidelines 3/2018 on the territorial scope of the GDPR (Article 3)** (guidance) — https://overview.legal/posts/38074
- **Joint Guidelines on the Interplay between the Digital Markets Act and the General Data Protection Regulation** (guidance) — https://overview.legal/posts/51268
- **Statement on the end of the Brexit transition period - update 13/01/2021** (guidance) — https://overview.legal/posts/126085
- **Statement on the end of the Brexit transition period** (guidance) — https://overview.legal/posts/126100
- **EDPB Annual Report 2021** (guidance) — https://overview.legal/posts/125941
- **Guidelines 8/2022 on identifying a controller or processor's lead supervisory authority** §22 (guidance, EDPB) — https://overview.legal/posts/38046
- **Guidelines 8/2022 on identifying a controller or processor's lead supervisory authority** §17 (guidance, EDPB) — https://overview.legal/posts/38046

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Generated by overview.legal · https://overview.legal/laws/gdpr/art-4#par-16 · 2026-08-22
