Set by the law · GDPR recital 22
Establishment
In plain English
A real and effective activity in the EU carried out through stable arrangements, whatever their legal form. According to the EDPB, even one employee or agent can be enough if they act with sufficient stability.
The official text
Establishment implies the effective and real exercise of activity through stable arrangements. The legal form of such arrangements, whether through a branch or a subsidiary with a legal personality, is not the determining factor in that respect.
in some circumstances, the presence of one single employee or agent of a non-EU entity in the Union may be sufficient to constitute a stable arrangement (amounting to an ‘establishment’ for the purposes of Art 3(1)) if that employee or agent acts with a sufficient degree of stability
Related
The official text is quoted word for word from the English version of the source named under it; only the version published in the Official Journal of the EU is legally binding. The plain-English line is Fino’s own summary, not legal advice.