EGDF asks EDPB to clarify its approach to different cross-border remote work practices

EGDF publishes its response on the Guidelines 05/2021 on the Interplay between the application of Article 3 and the provisions on international transfers as per Chapter V of the GDPR

The free flow of data between the EU and third countries is crucial for European game developer studios. Regulatory obstacles on the free flow of data create significant market access barriers for European SMEs operating in global digital markets, and it will adversely impact anyone working in Europe’s digital economy.

Cross-border remote and hybrid work is becoming a norm. First of all, as the games industry is a global business, industry representatives are constantly traveling around the globe and often need to access the company data infrastructure from anywhere on earth. Secondly, as an outcome of the COVID19 pandemic, remote and hybrid work from third countries has become a norm. Furthermore, the games industry is an excellent example of an industry suffering from an acute talent shortage. Consequently, even small European game developer studios often hire employees that work for them from other countries across the globe.

EDPB should further clarify its approach to different cross-border remote work practices by evaluating whether or not remote working staff is bound by controller’s instructions and whether or not they process the data as a part of controller’s entity. In particular EDPB should evaluate the following cases: 

  • Hiring the person directly as a cross-border commuting employee 
  • Hiring the person as a seconded employee through a third-party service provider acting as an employer of record in the third country 
  • Establishing a local subsidiary in the third country and hiring the person through it 
  • Hiring the person as a self-employed consultant from a third country

The full position paper can be accessed here:

or downloaded from here:

For more information EGDF approach on cross-border remote work, please visit: