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We work for consulting company in India, call it Z. Z has a partnership with a European cards & transactions processing company Y.

So the Indian consulting company Z does offshore production support for European Company Y. And as part of live production support Indian consultants have read access to sensitive data.

Per new GDPR rules: Can consultants in India view European data outside the EU?

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GDPR also applies to foreign companies. Look at article 3.2 of the GDPR:

Article 3: Territorial scope

  1. This Regulation applies to the processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union, regardless of whether the processing takes place in the Union or not.
  2. This Regulation applies to the processing of personal data of data subjects who are in the Union by a controller or processor not established in the Union, where the processing activities are related to: (a) the offering of goods or services, irrespective of whether a payment of the data subject is required, to such data subjects in the Union; or (b) the monitoring of their behaviour as far as their behaviour takes place within the Union.
  3. This Regulation applies to the processing of personal data by a controller not established in the Union, but in a place where Member State law applies by virtue of public international law.

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