The threshold for determining establishment is a low threshold however there will still be various factors taken into account in determining whether that establishment is there (for Art 3(1), and indeed whether goods and services are being offered to data subjects in the EU (for Art 3(2)).

The mere availability of a website is not sufficient however to satisfy the above. Recital 23 below gives more details about those factors:

  *Whereas the mere accessibility of the controller's, 
  processor's or an intermediary's website in the Union, of 
  an email address or of other contact details, or the use 
  of a language generally used in the third country where 
  the controller is established, is insufficient to 
  ascertain such intention, factors such as the use of a 
  language or a currency generally used in one or more 
  Member States with the possibility of ordering goods and 
  services in that other language, or the mentioning of 
  customers or users who are in the Union, may make it 
  apparent that the controller envisages offering goods or 
  services to data subjects in the Union.*