For more details on these recitals and court precedent, please see our video lesson. The latest consolidated version of the Regulation with corrections by Corrigendum, OJ L 127, 23.5.2018, p. 2 ((EU) 2016/679). Rules on the establishment of the supervisory authority, Article 56. 1. This Regulation does not cover the processing of personal data which concerns legal persons and in particular undertakings established as legal persons, including the name and the form of the legal person and the contact details of the legal person. Where personal data relating to a data subject are collected from the data subject, the controller shall, at the time when personal data are obtained, provide the data subject with all of the following information: the identity and the contact details of the controller and, where applicable, of the controller’s representative; the contact details of … Continue reading Art. Transfers on the basis of an adequacy decision, Article 46. A Belarusian dating site collects contact information from all its users. 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. Automated individual decision-making, including profiling, Article 24. When data are processed in the context of the activities of an establishment in the EU. For example, a free mobile app that you have downloaded. 1. Control. Therefore, if, for example, a Russian citizen, being in Latvia, has used a Russian mobile application, she or he is protected by the GDPR. Article 16: Right to rectification Territorial scope. Implementation guidance . 3. Article 3 GDPR. CJEU, Weltimmo s.r.o./Nemzeti Adatvédelmi és Információszabadság Hatóság, C-230/14 (2015). 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 … 1. EU GDPR Chapter 1 Article 3 Article 3 – 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. Art. 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. Cooperation with the supervisory authority, Article 33. Designation of the data protection officer, Article 38. Transfers subject to appropriate safeguards, Article 48. Subscribe to updated texts, invitations to GDPR events and news by Data Privacy Office. Article 29 Working Party European Data Protection Board Our Work & Tools Our documents Guidelines 3/2018 on the territorial scope of the GDPR (Article 3) - version adopted after public consultation 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 … Article 3 – Territorial scope. 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 . General Data Protection Regulation (GDPR) Art. 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. Right to erasure (‘right to be forgotten’), Article 18. General conditions for imposing administrative fines, Article 85. Please enter your email address. At the same time, the goods and services do not necessarily have to be paid for. In these guidelines, the EDPB sets out and clarifies the criteria for determining the application of the territorial scope of the GDPR. Data protection by design and by default, Article 27. 13 GDPR – Information to be provided where personal data are collected from the data subject 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. A PII controller’s obligations can be defined by legislation, by regulation and/or by contract. Article 3 - Territorial scope 1. Information to be provided where personal data are collected from the data subject, Article 14. The currency of payment is the Russian ruble. 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. Relationship with Directive 2002/58/EC, Article 96. Click here! 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. Article 34 EU GDPR "Communication of a personal data breach to the data subject" => Article: 4 => Recital: 75, 86, 87, 88 => administrative fine: Art. Joint operations of supervisory authorities, Article 65. This Regulation applies to the processing of personal data by a controller … Contact us today to schedule a demo of DgSecure and find out how Dataguise can solve your GDPR & data privacy compliance challenges! Cooperation between the lead supervisory authority and the other supervisory authorities concerned, Article 62. Summary of GDPR Article 3 about territorial scope of GDPR. Right to lodge a complaint with a supervisory authority, Article 78. Territorial scope 1. In other words, if the office is physically located in any of the EU countries and the data are processed in that office, the GDPR applies. Source: Article 5. These situations are rare. Welcome to gdpr-info.eu. Do you know why in the sixth case concerning the flower delivery the GDPR does not apply, although the data of European citizens are processed? Establishment implies the effective and real exercise of activity through stable arrangements. We describe them in detail in the video. And that rule does not apply to any of the cases from this article. 2. 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. 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. There are many other unobvious examples of what should be considered as the “context of the activities of an establishment”. Data protection impact assessment, Article 37. 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. 15 GDPR Right of access by the data subject. (page 14). 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. When you monitor behaviour within the EU. Dispute resolution by the Board, Article 68. Processing of the national identification number, Article 88. General Data Protection Regulation (EU GDPR). 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. CJEU, Unabhängiges Landeszentrum für Datenschutz Schleswig-Holstein/Wirtschaftsakademie Schleswig-Holstein GmbH, C-210/16 (2018). CJEU, Google Spain SL/Agencia española de protección de datos, C-131/12 (2014): 55. CJEU, Pammer and Hotel Alpenhof GesmbH/Reederei Karl Schlüter GmbH & Co. KG and Heller, C-585/08 and C-144/09 (2010). Derogations for specific situations, Article 50. International cooperation for the protection of personal data, Article 53. Guidelines & Case Law Recitals . Essentially, GDPR will apply to the processing of personal data by a data controller or processor established in the Europen Union regardless of whether or not the data processing actually occurred in Europe or not. (b) the monitoring of their behaviour as far as their behaviour takes place within the Union. (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. it is necessary to comply with the GDPR. General principle for transfers, Article 45. In order to determine whether a processing activity can be considered to monitor the behaviour of data subjects, it should be ascertained whether natural persons are tracked on the internet including potential subsequent use of personal data processing techniques which consist of profiling a natural person, particularly in order to take decisions concerning her or him or for analysing or predicting her or his personal preferences, behaviours and attitudes. Processing under the authority of the controller or processor, Article 30. It relates, among other things, to the definition of the European regulation’s territorial scope. it is necessary to comply with 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. Tasks of the data protection officer, Article 41. Article 3. The organization should provide the customer with the means to comply with its obligations related to PII principals. (22) Any processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union should be carried out in accordance with this Regulation, regardless of whether the processing itself takes place within the Union. 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. Communication of a personal data breach to the data subject, Article 35. Understanding Article 3 GDPR Organizations established in the European Union. Conditions applicable to child's consent in relation to information society services, Article 9. Americans and Europeans who come to Belarus and want to meet local women can also register on the site. The GDPR: Applies to any data processing that takes place in the EU (no matter … A Russian mobile application processes the geolocation data of Russian and foreign nationals in the EU. 56. General conditions for the members of the supervisory authority, Article 54. processing is necessary to protect the vital interests of the data subject or of another natural person … Monitoring of approved codes of conduct, Article 44. Data Protection Trainer and Principal Consultant. the monitoring of their behaviour as far as their behaviour takes place within the Union. EU users visit the site of a company from Rostov-on-Don 2-3 times a month and order flower deliveries in the city for their loved ones. 9. 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. More detailed information can be found in the video. 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. Such a common interpretation is also essential for controllers and processors, both within and o… 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). Any data processed inside the EU boundaries will be protected by the GDPR. 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