Transfers or disclosures not authorised by Union law, Article 49. We describe them in detail in the video. General Data Protection Regulation (GDPR) Art. You will receive mail with link to set new password. 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. Right to an effective judicial remedy against a controller or processor, Article 80. (23) In order to ensure that natural persons are not deprived of the protection to which they are entitled under this Regulation, the processing of personal data of data subjects who are in the Union by a controller or a processor not established in the Union should be subject to this Regulation where the processing activities are related to offering goods or services to such data subjects irrespective of whether connected to a payment. Implementation guidance . 15 GDPR Right of access by the data subject. One of the most frequent questions asked is whether a company falls within the scope of the GDPR. Right of access by the data subject, Article 17. (b) the monitoring of their behaviour as far as their behaviour takes place within the Union. Joint operations of supervisory authorities, Article 65. Data protection by design and by default, Article 27. the monitoring of their behaviour as far as their behaviour takes place within the Union. 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. CJEU, Google Spain SL/Agencia española de protección de datos, C-131/12 (2014). Unfortunately, Brussels has not provided a clear overview of the 99 articles and 173 recitals. The GDPR: Applies to any data processing that takes place in the EU (no matter … Any data processed inside the EU boundaries will be protected by the GDPR. 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. Representation of data subjects, Article 82. For instance, in the second case, the Belarusian dating site provides a service to European citizens, as well as the American platform from the fourth case. Contact us today to schedule a demo of DgSecure and find out how Dataguise can solve your GDPR & data privacy compliance challenges! 56. Article 3 - Territorial scope 1. Establishment implies the effective and real exercise of activity through stable arrangements. The GDPR also applies to data controllers and processors outside of the European Economic Area (EEA) if they are engaged in the "offering of goods or services" (regardless of whether a payment is required) to data subjects within the EEA, or are monitoring the behaviour of data subjects within the EEA (Article 3… For more details on these recitals and court precedent, please see our video lesson. CJEU, Unabhängiges Landeszentrum für Datenschutz Schleswig-Holstein/Wirtschaftsakademie Schleswig-Holstein GmbH, C-210/16 (2018): … where an undertaking established outside the European Union has several establishments in different Member States, the supervisory authority of a Member State is entitled to exercise the powers conferred on it by Article 28(3) of that directive with respect to an establishment of that undertaking situated in the territory of that Member State even if, as a result of the division of tasks within the group, first, that establishment is responsible solely for the sale of advertising space and other marketing activities in the territory of that Member State and, second, exclusive responsibility for collecting and processing personal data belongs, for the entire territory of the European Union, to an establishment situated in another Member State. This is the English version printed on April 6, 2016 before final adoption. 83 (4) lit a => Dossier: Personal Data Breach 1. 17 GDPR Right to erasure (‘right to be forgotten’) Right to erasure (‘right to be forgotten’) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject; Right to compensation and liability, Article 83. The full text of GDPR Article 3: Territorial Scope of the EU General Data Protection Regulation (adopted in May 2016 with an enforcement data of May 25, 2018) is below. Guidelines & Case Law Recitals . Article 16: Right to rectification (14) The protection afforded by this Regulation should apply to natural persons, whatever their nationality or place of residence, in relation to the processing of their personal data. Please enter your email address. General conditions for imposing administrative fines, Article 85. It relates, among other things, to the definition of the European regulation’s territorial scope. An American training platform uses personal data to sell online courses around the world. OJ L 127, 23.5.2018 as a neatly arranged website. Territorial scope. Article 3. Article 3 – Territorial scope. The, (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. The organization should provide the customer with the means to comply with its obligations related to PII principals. Data Protection Trainer and Principal Consultant. 1 Where a processor engages another processor for carrying out specific processing activities on … 3 GDPR Territorial scope 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 … (25) Where Member State law applies by virtue of public international law, this Regulation should also apply to a controller not established in the Union, such as in a Member State’s diplomatic mission or consular post. (24) The processing of personal data of data subjects who are in the Union by a controller or processor not established in the Union should also be subject to this Regulation when it is related to the monitoring of the behaviour of such data subjects in so far as their behaviour takes place within the Union. 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. Transfers on the basis of an adequacy decision, Article 46. Requirement 2 of GDPR Article 34 requires that the communication to the data subject referred to in requirement 1 be in clear and plain language, and that it describe the nature of the personal data breach and contain at least the information and measured referred to in points (b), (c), and (d) of Article 33, Requirement 3 . For example, a free mobile app that you have downloaded. Would you like to implement the EU General Data Protection Regulation step-by-step? Here you can find a little self-assessment test: If you doubt the answers, go on reading and you will find the detailed analysis in the video lesson at the bottom of this article (in Russian). Guests registration is carried out on the Italian site, and data are processed in the head office of the management company in Italy. Principles relating to processing of personal data, Article 8. Competence of the lead supervisory authority, Article 60. French retail giant Carrefour and its banking arm have been fined over €3m ($3.7m) by the local data protection regulator for multiple breaches of the GDPR. Americans and Europeans who come to Belarus and want to meet local women can also register on the site. CJEU, Unabhängiges Landeszentrum für Datenschutz Schleswig-Holstein/Wirtschaftsakademie Schleswig-Holstein GmbH, C-210/16 (2018). Processing of personal data relating to criminal convictions and offences, Article 11. Here are three cases, which show when it is necessary to observe the GDPR: By the way, this paragraph does not apply only to a physical office or a registered legal entity. Processing under the authority of the controller or processor, Article 30. Article 3 GDPR. Thus, the correct answer to the third question concerning the Italian hotel is affirmative, i.e. The site is in Russian. processing is necessary to protect the vital interests of the data subject or of another natural person … 12-23) Rights of the data subject. French regulator the Commission nationale de l’informatique et des libertés (CNIL) hit Carrefour France with a €2.25m fine and Carrefour Banque received an €800,000 penalty. Article 16: Right to rectification In such circumstances, the activities of the operator of the search engine and those of its establishment situated in the Member State concerned are inextricably linked since the activities relating to the advertising space constitute the means of rendering the search engine at issue economically profitable and that engine is, at the same time, the means enabling those activities to be performed. 1. Article 34 EU GDPR "Communication of a personal data breach to the data subject" => Article: 4 => Recital: 75, 86, 87, 88 => administrative fine: Art. Article 3 - Territorial scope - EU General Data Protection Regulation (EU-GDPR), Easy readable text of EU GDPR with many hyperlinks. Processing of the national identification number, Article 88. European Data Protection Board, Article 77. The latest consolidated version of the Regulation with corrections by Corrigendum, OJ L 127, 23.5.2018, p. 2 ((EU) 2016/679). A Belarusian dating site collects contact information from all its users. Here is the relevant paragraph to article 28(3)(e) GDPR: 8.3.1 Obligations to PII principals . Article 3(1) of the GDPR provides that the “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.” 1. A detailed explanation of the diagram “the territorial scope of the GDPR”; Explanation of articles, recitals, judicial precedents, and clarification by the supervisory authority; Further examples and cases from practice; Detailed case analysis from this article. 1. By the way, according to this paragraph, the GDPR also applies to other cases, which we have mentioned at the beginning of this article. An Italian chain has opened a new hotel in Kyiv, where both Europeans and citizens of other countries stay. Data protection impact assessment, Article 37. 12 GDPR – Transparent information, communication and modalities for the exercise of the rights of the data subject; Art. So the correct answer to the first question is affirmative, i.e. Article 13: Information to be provided where personal data are collected from the data subject; Article 14: Information to be provided where personal data have not been obtained from the data subject; Article 15: Right of access by the data subject; Section 3 : Rectification and erasure. And that rule does not apply to any of the cases from this article. Do you want to ensure you are data-protection-compliant? Article 16: Right to rectification Article 13: Information to be provided where personal data are collected from the data subject; Article 14: Information to be provided where personal data have not been obtained from the data subject; Article 15: Right of access by the data subject; Section 3 : Rectification and erasure. Understanding Article 3 GDPR Organizations established in the European Union. Conditions applicable to child's consent in relation to information society services, Article 9. Article 3 GDPR deals with the territorial scope of the regulation. For this purpose, their passport information and bank card data were collected, as well as the information that the passengers are vegetarians. Territorial scope 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. In comparison, in the fifth case concerning the purchase of tickets to Bali, the GDPR is not applicable, as these people have left the EU and are buying tickets in the office in India. Share it with your colleagues and make sure to see our detailed video lesson below in which you will find: EDPB, Guidelines 3/2018 on the Territorial Scope of the GDPR (2019). Source: EUR-lex. © DPO LLC  2018-2020 |   Privacy Notice  |   About, Co-Founder & CEO of Data Privacy Office LLC. If so the, http://www.privacy-regulation.eu/en/3.htm, https://www.privacyaffairs.com/gdpr-fines. In these guidelines, the EDPB sets out and clarifies the criteria for determining the application of the territorial scope of the GDPR. Article 13: Information to be provided where personal data are collected from the data subject; Article 14: Information to be provided where personal data have not been obtained from the data subject; Article 15: Right of access by the data subject; Section 3 : Rectification and erasure. There are many other unobvious examples of what should be considered as the “context of the activities of an establishment”. In this case, “data subject” does not refer only to European citizens, but also to people from other countries who are passing through, traveling, or staying temporary in Europe. Information to be provided where personal data have not been obtained from the data subject, Article 15. Article 3 GDPR. Click here! CJEU, Verein für Konsumenteninformation/Amazon EU Sàrl, C-191/15 (2015). Dispute resolution by the Board, Article 68. Art. The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to … A supervisory authority may adopt standard contractual clauses for the matters referred to in paragraph 3 and 4 of this Article and in accordance with the consistency mechanism referred to in Article 63. Tasks of the data protection officer, Article 41. Monitoring of approved codes of conduct, Article 44. General principle for transfers, Article 45. In order to determine whether such a controller or processor is offering goods or services to data subjects who are in the Union, it should be ascertained whether it is apparent that the controller or processor envisages offering services to data subjects in one or more Member States in the Union. 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