A US-based company selling products to EU customers must comply with GDPR. This is due to:
- A.The company having EU employees, citing Article 3(2), which limits the territorial scope to controllers holding an establishment in a member state
- B.A bilateral trade agreement, under Article 3(1), which limits territorial scope to controllers with a main establishment physically located inside the EU
- C.GDPR's extraterritorial scope under Article 3
- D.US federal data protection law
Why C is correct
Article 3 of GDPR establishes its extraterritorial scope, applying to organizations outside the EU that offer goods or services to, or monitor behavior of, EU data subjects.
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