gdpr article 3

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. 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. The currency of payment is the Russian ruble. Article 3 Territorial scope. Territorial scope. 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.” Summary of GDPR Article 3 about territorial scope of GDPR. (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. Url-link to highlighted text was copied to the clipboard! Unfortunately, Brussels has not provided a clear overview of the 99 articles and 173 recitals. An Italian chain has opened a new hotel in Kyiv, where both Europeans and citizens of other countries stay. 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. Processing which does not require identification, Article 12. it is necessary to comply with the GDPR. Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, Article 91. Implementation guidance . 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. 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. Processing of special categories of personal data, Article 10. Relationship with previously concluded Agreements, Article 98. Review of other Union legal acts on data protection, Article 99. 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 In addition to adherence by controllers or processors subject to this Regulation, codes of conduct … 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. 13 GDPR – Information to be provided where personal data are collected from the data subject the monitoring of their behaviour as far as their behaviour takes place within the Union. Right to restriction of processing, Article 19. This is the English version printed on April 6, 2016 before final adoption. A Belarusian dating site collects contact information from all its users. 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. There are many other unobvious examples of what should be considered as the “context of the activities of an establishment”. Please enter your email address. Transfers or disclosures not authorised by Union law, Article 49. General conditions for imposing administrative fines, Article 85. The contract or the other legal act referred to in paragraphs 3 and 4 shall be in … Automated individual decision-making, including profiling, Article 24. And that rule does not apply to any of the cases from this article. Information to be provided where personal data are collected from the data subject, Article 14. 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. Right to an effective judicial remedy against a controller or processor, Article 80. Cooperation with the supervisory authority, Article 33. 1. (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. So the correct answer to the first question is affirmative, i.e. Guidelines & Case Law Recitals . 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. Processing of the national identification number, Article 88. (page 14). Article 3 - Territorial scope - EU General Data Protection Regulation (EU-GDPR), Easy readable text of EU GDPR with many hyperlinks. (page 14). In these guidelines, the EDPB sets out and clarifies the criteria for determining the application of the territorial scope of the GDPR. Such a common interpretation is also essential for controllers and processors, both within and o… (b) the monitoring of their behaviour as far as their behaviour takes place within the Union. The EU general data protection regulation 2016/679 (GDPR) will take effect on 25 May 2018. A Russian mobile application processes the geolocation data of Russian and foreign nationals in the EU. Processing by a processor shall be governed by a contract or other legal act under Union or Member … When data are processed in the context of the activities of an establishment in the EU. Principles relating to processing of personal data, Article 8. Relationship with Directive 2002/58/EC, Article 96. Article 16: Right to rectification Cooperation between the lead supervisory authority and the other supervisory authorities concerned, Article 62. Right to erasure (‘right to be forgotten’), Article 18. Data Protection Trainer and Principal Consultant. A PII controller’s obligations can be defined by legislation, by regulation and/or by contract. If so the, http://www.privacy-regulation.eu/en/3.htm, https://www.privacyaffairs.com/gdpr-fines. The site is in Russian. One of the most frequent questions asked is whether a company falls within the scope of the GDPR. 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. 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; CJEU, Google Spain SL/Agencia española de protección de datos, C-131/12 (2014). Right of access by the data subject, Article 17. Derogations for specific situations, Article 50. International cooperation for the protection of personal data, Article 53. Here is the relevant paragraph to article 28(3)(e) GDPR: 8.3.1 Obligations to PII principals . 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. European Data Protection Board, Article 77. 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. 2. 13 11 Art. 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… Tasks of the data protection officer, Article 41. 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 . 1. CJEU, Weltimmo s.r.o./Nemzeti Adatvédelmi és Információszabadság Hatóság, C-230/14 (2015). 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. Article 16: Right to rectification Representation of data subjects, Article 82. CJEU, Unabhängiges Landeszentrum für Datenschutz Schleswig-Holstein/Wirtschaftsakademie Schleswig-Holstein GmbH, C-210/16 (2018). Representatives of controllers or processors not established in the Union, Article 29. 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. Establishment implies the effective and real exercise of activity through stable arrangements. Notification of a personal data breach to the supervisory authority, Article 34. Lost your password? processing is necessary to protect the vital interests of the data subject or of another natural person … Processing and public access to official documents, Article 87. The GDPR: Applies to any data processing that takes place in the EU (no matter … 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. 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. Competence of the lead supervisory authority, Article 60. 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. Article 3 - Territorial scope 1. Article 3 GDPR deals with the territorial scope of the regulation. 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. 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. Territorial scope 1. (b) the monitoring of their behaviour as far as their behaviour takes place within the Union. Would you like to implement the EU General Data Protection Regulation step-by-step? 3. 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. Processing in the context of employment, Article 89. 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. © DPO LLC  2018-2020 |   Privacy Notice  |   About, Co-Founder & CEO of Data Privacy Office LLC. 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. General conditions for the members of the supervisory authority, Article 54. Thus, the correct answer to the third question concerning the Italian hotel is affirmative, i.e. 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. Transparent information, communication and modalities for the exercise of the rights of the data subject, Article 13. 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. Guests registration is carried out on the Italian site, and data are processed in the head office of the management company in Italy. The latest consolidated version of the Regulation with corrections by Corrigendum, OJ L 127, 23.5.2018, p. 2 ((EU) 2016/679). 2. 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. At the same time, the goods and services do not necessarily have to be paid for. Art. Therefore, if, for example, a Russian citizen, being in Latvia, has used a Russian mobile application, she or he is protected by the GDPR. 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. 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. 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. 1. General Data Protection Regulation (EU GDPR). 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. 1 Where a processor engages another processor for carrying out specific processing activities on … (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. Any data processed inside the EU boundaries will be protected by the GDPR. Welcome to gdpr-info.eu. General principle for transfers, Article 45. For example, a free mobile app that you have downloaded. 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 … 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. Do you want to ensure you are data-protection-compliant? Chapter 3 (Art. General Data Protection Regulation (GDPR) Art. Processing of personal data relating to criminal convictions and offences, Article 11. 12-23) Rights of the data subject. (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. 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. We describe them in detail in the video. Processing and freedom of expression and information, Article 86. Data protection by design and by default, Article 27. 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. Article 16: Right to rectification OJ L 127, 23.5.2018 as a neatly arranged website. Designation of the data protection officer, Article 38. Subject-matter and objectives, Article 25. You will receive mail with link to set new password. Article 34 EU GDPR "Communication of a personal data breach to the data subject" => Article: 4 => Recital: 75, 86, 87, 88 => administrative fine: Art. Records of processing activities, Article 31. (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. CJEU, Pammer and Hotel Alpenhof GesmbH/Reederei Karl Schlüter GmbH & Co. KG and Heller, C-585/08 and C-144/09 (2010). 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. 56. 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). Subscribe to updated texts, invitations to GDPR events and news by Data Privacy Office. Effective judicial remedy against a supervisory authority, Article 38 company in Italy, as well the... 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