Source: Article 5. 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. Article 16: Right to rectification 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 … Right to compensation and liability, Article 83. 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. 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. Do you want to ensure you are data-protection-compliant? 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. Would you like to implement the EU General Data Protection Regulation step-by-step? Understanding Article 3 GDPR Organizations established in the European Union. Data protection by design and by default, Article 27. (page 14). Conditions applicable to child's consent in relation to information society services, Article 9. 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. 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. 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. 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. CJEU, Unabhängiges Landeszentrum für Datenschutz Schleswig-Holstein/Wirtschaftsakademie Schleswig-Holstein GmbH, C-210/16 (2018). General conditions for imposing administrative fines, Article 85. 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. 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. Right to lodge a complaint with a supervisory authority, Article 78. CJEU, Google Spain SL/Agencia española de protección de datos, C-131/12 (2014). Derogations for specific situations, Article 50. International cooperation for the protection of personal data, Article 53. Joint operations of supervisory authorities, Article 65. (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. (page 14). Position of the data protection officer, Article 39. 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. In addition to adherence by controllers or processors subject to this Regulation, codes of conduct … Territorial scope. 12 GDPR – Transparent information, communication and modalities for the exercise of the rights of the data subject; Art. 56. Url-link to highlighted text was copied to the clipboard! Territorial Scope. Chapter 3 (Art. Right of access by the data subject, Article 17. Right to restriction of processing, Article 19. 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 NEW: The practical guide PrivazyPlan® explains all dataprotection obligations and helps you to be compliant. Please enter your email address. 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 . At the same time, the goods and services do not necessarily have to be paid for. 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.” Existing data protection rules of churches and religious associations, Article 95. Transfers or disclosures not authorised by Union law, Article 49. Article 3: Territorial Scope Anyone monitoring the behavior of EU citizens while they're inside the Union or selling services and goods to EU citizens must comply with the GDPR. Lost your password? 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. 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… Therefore, if, for example, a Russian citizen, being in Latvia, has used a Russian mobile application, she or he is protected by the GDPR. Thus, the correct answer to the third question concerning the Italian hotel is affirmative, i.e. For this purpose, their passport information and bank card data were collected, as well as the information that the passengers are vegetarians. Through a common interpretation by data protection authorities in the EU, these guidelines seek to ensure a consistent application of the GDPR when assessing whether particular processing by a controller or a processor falls within the scope of the new EU legal framework. 15 GDPR Right of access by the data subject. Click here! Any data processed inside the EU boundaries will be protected by the GDPR. Unfortunately, Brussels has not provided a clear overview of the 99 articles and 173 recitals. Article 34 EU GDPR "Communication of a personal data breach to the data subject" => Article: 4 => Recital: 75, 86, 87, 88 => administrative fine: Art. Source: EUR-lex. The EU general data protection regulation 2016/679 (GDPR) will take effect on 25 May 2018. The organization should provide the customer with the means to comply with its obligations related to PII principals. Information to be provided where personal data have not been obtained from the data subject, Article 15. 13 11 Art. CJEU, Google Spain SL/Agencia española de protección de datos, C-131/12 (2014): 55. Implementation guidance . 13 GDPR – Information to be provided where personal data are collected from the data subject 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. If so the, http://www.privacy-regulation.eu/en/3.htm, https://www.privacyaffairs.com/gdpr-fines. 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. Automated individual decision-making, including profiling, Article 24. An Italian chain has opened a new hotel in Kyiv, where both Europeans and citizens of other countries stay. Records of processing activities, Article 31. it is necessary to comply with the GDPR. Article 16: Right to rectification European Data Protection Board, Article 77. We describe them in detail in the video. 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. Monitoring of approved codes of conduct, Article 44. Article 3. Such a common interpretation is also essential for controllers and processors, both within and o… Right to an effective judicial remedy against a controller or processor, Article 80. Processing under the authority of the controller or processor, Article 30. 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; 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). EU nationals, who are on vacation in India, came to an Austrian airline’s local office in Mumbai to fly to Bali for a couple of days. Cooperation between the lead supervisory authority and the other supervisory authorities concerned, Article 62. And that rule does not apply to any of the cases from this article. Processing of special categories of personal data, Article 10. Notification obligation regarding rectification or erasure of personal data or restriction of processing, Article 22. Do you want clear explanations of specific issues and well-thought-out checklists? Article 3 GDPR. Processing by a processor shall be governed by a contract or other legal act under Union or Member … 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. Representatives of controllers or processors not established in the Union, Article 29. 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. (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. CJEU, Pammer and Hotel Alpenhof GesmbH/Reederei Karl Schlüter GmbH & Co. KG and Heller, C-585/08 and C-144/09 (2010). Processing and public access to official documents, Article 87. A Russian mobile application processes the geolocation data of Russian and foreign nationals in the EU. 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. Subscribe to updated texts, invitations to GDPR events and news by Data Privacy Office. Processing and freedom of expression and information, Article 86. Entry into force and application, Update of Opinion on applicable law in light of the CJEU judgement in Google Spain, Guidelines 3/2018 on the Territorial Scope of the GDPR. Relationship with previously concluded Agreements, Article 98. Review of other Union legal acts on data protection, Article 99. 1. CJEU, Weltimmo s.r.o./Nemzeti Adatvédelmi és Információszabadság Hatóság, C-230/14 (2015). When data are processed in the context of the activities of an establishment in the EU. Data Protection Trainer and Principal Consultant. 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? processing is necessary to protect the vital interests of the data subject or of another natural person … Guidelines & Case Law Recitals . 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. Territorial scope 1. 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. 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). Article 3 GDPR. A Belarusian dating site collects contact information from all its users. 1 Where a processor engages another processor for carrying out specific processing activities on … 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. Dispute resolution by the Board, Article 68. 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. The latest consolidated version of the Regulation with corrections by Corrigendum, OJ L 127, 23.5.2018, p. 2 ((EU) 2016/679). 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. We hope that the information was helpful. (b) the monitoring of their behaviour as far as their behaviour takes place within the Union. Art. (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. 1. Processing of the national identification number, Article 88. 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 … Processing of personal data relating to criminal convictions and offences, Article 11. Article 3 Territorial scope. General conditions for the members of the supervisory authority, Article 54. Guidelines 3/2018 on the territorial scope of the GDPR (Article 3) (12 November 2019) Through a common interpretation by data protection authorities in the EU, these guidelines seek to ensure a consistent application of the GDPR when assessing whether particular processing by a controller or a processor falls within the scope of the new EU legal framework. the monitoring of their behaviour as far as their behaviour takes place within the Union. Transparent information, communication and modalities for the exercise of the rights of the data subject, Article 13. 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. 83 (4) lit a => Dossier: Personal Data Breach 1. General Data Protection Regulation (EU GDPR). 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. It relates, among other things, to the definition of the European regulation’s territorial scope. Cooperation with the supervisory authority, Article 33. Article 3 - Territorial scope - EU General Data Protection Regulation (EU-GDPR), Easy readable text of EU GDPR with many hyperlinks. 2. © DPO LLC  2018-2020 |   Privacy Notice  |   About, Co-Founder & CEO of Data Privacy Office LLC. Article 16: Right to rectification CJEU, Verein für Konsumenteninformation/Amazon EU Sàrl, C-191/15 (2015). So the correct answer to the first question is affirmative, i.e. Art. 3. Here you can find the official PDF of the Regulation (EU) 2016/679 (General Data Protection Regulation) in the current version of the OJ L 119, 04.05.2016; cor. 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. (b) the monitoring of their behaviour as far as their behaviour takes place within the Union. Relationship with Directive 2002/58/EC, Article 96. The latest consolidated version of the Regulation with corrections by Corrigendum, OJ L 127, 23.5.2018, p. 2 ((EU) 2016/679). When the data subject is in the EU and the processing relates to the supply of goods and services. One of the most frequent questions asked is whether a company falls within the scope of the GDPR. These situations are rare. 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. General Data Protection Regulation (GDPR) Art. Here is the relevant paragraph to article 28(3)(e) GDPR: 8.3.1 Obligations to PII principals . 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. 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. 2. Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, Article 91. In the light of that objective of Directive 95/46 and of the wording of Article 4(1)(a), it must be held that the processing of personal data for the purposes of the service of a search engine such as Google Search, which is operated by an undertaking that has its seat in a third State but has an establishment in a Member State, is carried out ‘in the context of the activities’ of that establishment if the latter is intended to promote and sell, in that Member State, advertising space offered by the search engine which serves to make the service offered by that engine profitable. The EU general data protection regulation 2016/679 (GDPR) will take effect on 25 May 2018. 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. Article 3 – Territorial scope. (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. For more details on these recitals and court precedent, please see our video lesson. This Regulation applies to the processing of personal data by a controller … Information to be provided where personal data are collected from the data subject, Article 14. Tasks of the data protection officer, Article 41. By the way, according to this paragraph, the GDPR also applies to other cases, which we have mentioned at the beginning of this article. 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. Article 3 - Territorial scope 1. Establishment implies the effective and real exercise of activity through stable arrangements. WP29, Update of Opinion on applicable law in light of the CJEU judgement in Google Spain (2010). The GDPR: Applies to any data processing that takes place in the EU (no matter … Processing which does not require identification, Article 12. Processing by a processor shall be governed by a contract or other legal act under Union or Member … There are many other unobvious examples of what should be considered as the “context of the activities of an establishment”. 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. Designation of the data protection officer, Article 38. The currency of payment is the Russian ruble. Communication of a personal data breach to the data subject, Article 35. Summary of GDPR Article 3 about territorial scope of GDPR. An American training platform uses personal data to sell online courses around the world. The site is in Russian. 12-23) Rights of the data subject. 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. Guests registration is carried out on the Italian site, and data are processed in the head office of the management company in Italy. In these guidelines, the EDPB sets out and clarifies the criteria for determining the application of the territorial scope of the GDPR. Subject-matter and objectives, Article 25. Control. Welcome to gdpr-info.eu. Representation of data subjects, Article 82. Right to an effective judicial remedy against a supervisory authority, Article 79. General principle for transfers, Article 45. Rules on the establishment of the supervisory authority, Article 56. Principles relating to processing of personal data, Article 8. Deliveries are only in Rostov. A PII controller’s obligations can be defined by legislation, by regulation and/or by contract. Processing in the context of employment, Article 89. The reason is that the exception described in the recitals of the Regulation is based on a specific judicial precedent. Unfortunately, Brussels has not provided a … Notification of a personal data breach to the supervisory authority, Article 34. (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. Americans and Europeans who come to Belarus and want to meet local women can also register on the site. Competence of the lead supervisory authority, Article 60. This is the English version printed on April 6, 2016 before final adoption. OJ L 127, 23.5.2018 as a neatly arranged website. Article 3 GDPR deals with the territorial scope of the regulation. Transfers subject to appropriate safeguards, Article 48. All Articles of the GDPR are linked with suitable recitals. When you monitor behaviour within the EU. Contact us today to schedule a demo of DgSecure and find out how Dataguise can solve your GDPR & data privacy compliance challenges! 9. The contract or the other legal act referred to in paragraphs 3 and 4 shall be in … Transfers on the basis of an adequacy decision, Article 46. For example, a free mobile app that you have downloaded. You will receive mail with link to set new password. More detailed information can be found in the video. it is necessary to comply with the GDPR. The European regulation ’ s territorial scope of the data subject is the!, where both Europeans and citizens of other countries stay receive mail link. Cooperation between the lead supervisory authority, Article 62 https: //www.privacyaffairs.com/gdpr-fines card data were collected, well. Eu boundaries will be protected by the data subject, Article 99 regulation and/or by contract identification number Article. There are many other unobvious examples of what should be considered as the “ of! 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