Companies outside of the EU need to demonstrate an intention to establish commercial relations with EU customers. According to the
Guidelines 3/2018 on the territorial scope of the GDPR, the mere accessibility of the website in the EU, of an email address or of other contact details, or the use of a language generally used in the third country where the non-EU company is established, is insufficient to manifest the intention to offer goods and services to EU customers.
In order to assess if goods and services are offered to EU customers, the following factors should be taken into account:
- using languages of EU Member States
- offering payments in a currency of an EU Member State
- having marketing activities directed to EU customers
- mentioning of customers or users who are in the EU
- referring to addresses or phone numbers to be reached from an EU Member States
- using EU domains
- offering goods’ delivery in EU Member States