Short Reads

Countdown 10 weeks until GDPR : Does the GDPR apply to any organization controlling or processing data of an EU resident?

Stibbe - Does the GDPR apply to any organization controlling or

Countdown 10 weeks until GDPR : Does the GDPR apply to any organization controlling or processing data of an EU resident?

15.03.2018 EU law

Only 10 more weeks to go before the GDPR becomes fully effective. Preparing your company for the application of this new regulation requires a correct understanding of its principles. Each week, we highlight one particular misconception regarding the interpretation of the GDPR.

Does the GDPR apply to any organization controlling or processing data of an EU resident?

Although the territorial scope of application of the GDPR is defined rather broadly, it does not apply to any organization controlling or processing data of an EU resident. In fact, Article 3 of the GDPR lays down several criteria or connecting factors for its application.

Firstly, if a controller or a processor has an establishment in the EU whose activities include the processing of personal data, then the GDPR applies to that controller or processor. This is irrespective of whether the actual data processing takes place in the EU or not.

Secondly, if the controller or processor is not established in the EU but processes personal data of data subjects who are in the EU (i.e., also data subjects who are non-EU residents but find themselves in the EU), then the GDPR applies to that controller or processor if it offers goods or services to those data subjects in the EU, whether in return for payment or not, or if it monitors data subjects’ behaviour taking place within the EU.

Thirdly, the GDPR also applies to personal data processing by a controller who is not established in the EU but in a place where Member State law applies by virtue of public international law, such as in a Member State's diplomatic mission or consular post outside the EU.

 

Stibbe, together with Chiomenti, Cuatrecasas, GIDE and Gleiss Lutz, have gathered this useful information, reflecting some common misconceptions about the implementation of the GDPR.

Team

Related news

27.07.2020 NL law
Outsourcing laws and Regulation in the Netherlands – 2020

Articles - Are there any additional legal or regulatory requirements for outsourcing transactions undertaken by government or public sector bodies? What formalities are required to transfer, lease or license assets on an outsourcing transaction? Or, What are the most material legal or regulatory requirements and issues concerning data security and data protection that may arise on an outsourcing transaction?

Read more

29.07.2020 NL law
Over temperaturen ten tijde van corona

Articles - Met haar standpunt ten aanzien van het meten van temperaturen van werknemers, geeft de Autoriteit Persoonsgegevens (AP) verduidelijking over de reikwijdte van haar toezicht. Deze nuancering houdt in dat, als er geen sprake is van verwerking van persoonsgegevens, de AVG niet geldt en de AP dus niet handhavend kan optreden.

Read more

03.07.2020 NL law
E-book NOW-2: Second Temporary Emergency Bridging Measure Work Retention

Articles - On 17 March 2020, the Dutch cabinet announced the first emergency package of support measures to alleviate the economic consequences of the corona crisis. This emergency package inter alia comprised the First Temporary Emergency Bridging Measure for the purpose of Work Retention (“NOW-1”) and the Temporary Bridging Measure for Self-Employed Persons (“Tozo-1”).

Read more