Article 2 GDPR (material scope): Commentary

Art. 2 sets the first, out of two, of the GDPR applicability criteria. The second one, on territoriality, is introduced in Art. 3. Anyone wondering whether the GDPR is applicable on a particular case should run the GDPR two-step test of applicability: As per this Art. 2, if “personal data” undergo “processing” (according to the respective definitions of Art. 4 no. 1 and no. 2 respectively), meet the conditions of its para. 1, and escape the exemptions of its paras. 2 and 3, then the material scope criterion is met. If the case under examination does not present any cross-border circumstances (or develops entirely in a third country), then the verification process may stop at this point. Otherwise, the second step of the GDPR applicability test involves examination of the criteria referred to in Art. 3.