A recital is part of the preamble to the GDPR — it explains the reasoning and intent behind the enacting articles. Recitals are not binding in themselves but are used to interpret the Regulation.
The main establishment of a controller in the Union should be the place of its central administration in the Union, unless the decisions on the purposes and means of the processing of personal data are taken in another establishment of the controller in the Union, in which case that other establishment should be considered to be the main establishment. 2 The main establishment of a controller in the Union should be determined according to objective criteria and should imply the effective and real exercise of management activities determining the main decisions as to the purposes and means of processing through stable arrangements. 3 That criterion should not depend on whether the processing of personal data is carried out at that location. 4 The presence and use of technical means and technologies for processing personal data or processing activities do not, in themselves, constitute a main establishment and are therefore not determining criteria for a main establishment. 5 The main establishment of the processor should be the place of its central administration in the Union or, if it has no central administration in the Union, the place where the main processing activities take place in the Union. 6 In cases involving both the controller and the processor, the competent lead supervisory authority should remain the supervisory authority of the Member State where the controller has its main establishment, but the supervisory authority of the processor should be considered to be a supervisory authority concerned and that supervisory authority should participate in the cooperation procedure provided for by this Regulation. 7 In any case, the supervisory authorities of the Member State or Member States where the processor has one or more establishments should not be considered to be supervisory authorities concerned where the draft decision concerns only the controller. 8 Where the processing is carried out by a group of undertakings, the main establishment of the controlling undertaking should be considered to be the main establishment of the group of undertakings, except where the purposes and means of processing are determined by another undertaking.
* This title is an unofficial description.
Recital 35
Recital 37
All recitals
Report error
Source: Regulation (EU) 2016/679 (OJ L 119, 4.5.2016, p. 1), preamble. Official text reproduced from EUR-Lex — © European Union.
Looking for the binding rules? Browse the 99 GDPR articles — the recitals explain the intent behind them.
Need to apply the GDPR in practice?
Our data-protection lawyers turn the text into a plan.