A non-EU analytics vendor has no EU office but deploys tracking coo…

Question

A non-EU analytics vendor has no EU office but deploys tracking cookies and behavioural profiles on visitors who are in the Union. Which Article 3 analysis is most accurate?

Accepted Answer

Monitoring the behaviour of data subjects who are in the Union can bring the non-EU vendor into GDPR territorial scope even without an EU office. — Imagine a telescope parked outside Europe that still watches shoppers walking EU streets. Watching behaviour of people who are in the Union can flip the GDPR on for that watcher. No local office and no product catalogue do not erase the monitoring limb.

Answer

Monitoring behaviour of people in the EU never triggers GDPR without an EU establishment.

Answer

Only ePrivacy cookie consent matters; the GDPR territorial rules do not apply to analytics vendors.

Answer

Behavioural monitoring is in scope only if the vendor also sells physical goods into the EU.

A non-EU analytics vendor has no EU office but deploys tracking cookies and behavioural profiles on visitors who are in the Union. Which Article 3 analysis is most accurate?

Short Explanation

Full Explanation