Cruxi
Service decision and evidence guide
Offshore processing does not itself remove the establishment route. The EDPB example connects an EU commercial office with an overseas e-commerce business’s activities even though processing occurs abroad. Document stable activities and their relationship to the processing; an office address alone is not the complete test, and Article 27 is a separate question.
Evidence retrieved 2026-10-07. Source versions and topic-specific limits are listed below.
Sourced criteria · EU · GDPR
| Decision or task | What the source describes | What to prepare |
|---|---|---|
| Actual office activities | The commercial-office example describes EU prospecting and campaigns supporting the overseas business. The activity and processing relationship matters to the establishment analysis. [1] [2] | Compare the stated example/criterion with the evidence tasks below; retain any factual differences. |
| Processing outside the EU | Article 3(1) addresses processing in the context of an EU establishment’s activities regardless of whether processing takes place in the Union. [3] | Compare the stated example/criterion with the evidence tasks below; retain any factual differences. |
| Representative is not a substitute assessment | Article 27 refers to Article 3(2) processing by a controller or processor not established in the Union. Determine the actual scope route and entity rather than buying an appointment to resolve an unexplained office situation. [4] | Compare the stated example/criterion with the evidence tasks below; retain any factual differences. |
The EDPB document is Guidelines 3/2018, version 2.1, adopted 12 November 2019. Its worked examples are guidance and dated assumptions, not a new law or a conclusion about your organisation. EU scope is assessed here; UK and Swiss rules require separate evidence. Novel or disputed scope/role interpretations need specialist legal review.
Use this checklist to gather your business or product details before speaking with a specialist. The items below explain what to record and suggest useful supporting documents. You can add your own answers in the editable project brief.
Describe stable activities, staff/agents and how the office supports the relevant commercial or processing activity.
Useful evidence: An establishment/activity description and supporting contracts.
Map how EU sales/prospecting connects with the overseas processing, including which legal entity controls each activity.
Useful evidence: An entity, activity and processing-flow diagram.
Have the specialist record the supported Article 3 route and its limits before deciding representative or other privacy work.
Useful evidence: A documented establishment/context conclusion and separately scoped appointment assessment.
Read the official document in context. The audit details identify the precise locators and preserved versions used for this page.
Guidelines 3/2018 version 2.1; 2020-01-07 formatting change · retrieved 2026-10-07
Source key D17 · snapshot d6910de864b8bbbdd7ed11e7509391a21ac9b627c8745dde87e8acd7c63b4862
Consolidated text dated 2016-05-04 · retrieved 2026-10-06
Source key D05 · snapshot 149156a8f8dfc90bead21c89c32eb84f92b7414602c3e00e058755810b48ef8a
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