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Guidelines on the Interplay between the application of Article 3 and the provisions on international transfers as per Chapter V of the GDPR
The GDPR does not provide for a legal definition of the notion 'transfer of personal data to a third country or to an international organisation'. Therefore, the EDPB provides these guidelines to clarify the scenarios to which it considers that the requirements of Chapter V should be applied and, to that end, it has identified three cumulative criteria to qualify a processing operation as a transfer: - 1) A controller or a processor ('exporter') is subject to the GDPR for the given processing. -...
EDPB Nov 21, 2025 edpb-guidelines-on-the-interplay-between-the-application-of-article-3-and-the-provisions-on-inter