Do you want clear explanations of specific issues and well-thought-out checklists? Processing of special categories of personal data, Article 10. Competence of the lead supervisory authority, Article 60. For this purpose, their passport information and bank card data were collected, as well as the information that the passengers are vegetarians. The site is in Russian. © DPO LLC 2018-2020 | Privacy Notice | About, Co-Founder & CEO of Data Privacy Office LLC. 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 … Right to erasure (‘right to be forgotten’), Article 18. 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. Data protection impact assessment, Article 37. it is necessary to comply with the GDPR. Processing by a processor shall be governed by a contract or other legal act under Union or Member … Contact us today to schedule a demo of DgSecure and find out how Dataguise can solve your GDPR & data privacy compliance challenges! (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. CJEU, Pammer and Hotel Alpenhof GesmbH/Reederei Karl Schlüter GmbH & Co. KG and Heller, C-585/08 and C-144/09 (2010). You will receive mail with link to set new password. 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. For more details on these recitals and court precedent, please see our video lesson. The contract or the other legal act referred to in paragraphs 3 and 4 shall be in … Communication of a personal data breach to the data subject, Article 35. Right to an effective judicial remedy against a controller or processor, Article 80. 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. 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. When you monitor behaviour within the EU. Processing which does not require identification, Article 12. Territorial scope 1. Tasks of the data protection officer, Article 41. 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. One of the most frequent questions asked is whether a company falls within the scope of the GDPR. The currency of payment is the Russian ruble. The reason is that the exception described in the recitals of the Regulation is based on a specific judicial precedent. Here is the relevant paragraph to article 28(3)(e) GDPR: 8.3.1 Obligations to PII principals . it is necessary to comply with the GDPR. 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. 12-23) Rights of the data subject. 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 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. Subscribe to updated texts, invitations to GDPR events and news by Data Privacy Office. 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. Right to an effective judicial remedy against a supervisory authority, Article 79. Source: Article 5. Dispute resolution by the Board, Article 68. 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. Implementation guidance . Article 3 Territorial scope. 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. Welcome to gdpr-info.eu. Cooperation with the supervisory authority, Article 33. 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 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. 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. At the same time, the goods and services do not necessarily have to be paid for. This is the English version printed on April 6, 2016 before final adoption. 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. More detailed information can be found in the video. 1. Transparent information, communication and modalities for the exercise of the rights of the data subject, Article 13. The EU general data protection regulation 2016/679 (GDPR) will take effect on 25 May 2018. Establishment implies the effective and real exercise of activity through stable arrangements. 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. 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 . The EU general data protection regulation 2016/679 (GDPR) will take effect on 25 May 2018. Processing in the context of employment, Article 89. Automated individual decision-making, including profiling, Article 24. All Articles of the GDPR are linked with suitable recitals. 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. Any data processed inside the EU boundaries will be protected by the GDPR. Conditions applicable to child's consent in relation to information society services, Article 9. Art. 12 GDPR – Transparent information, communication and modalities for the exercise of the rights of the data subject; Art. Guidelines & Case Law Recitals . 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. NEW: The practical guide PrivazyPlan® explains all dataprotection obligations and helps you to be compliant. Information to be provided where personal data have not been obtained from the data subject, Article 15. 2. Data protection by design and by default, Article 27. 15 GDPR Right of access by the data subject. Unfortunately, Brussels has not provided a clear overview of the 99 articles and 173 recitals. 13 GDPR – Information to be provided where personal data are collected from the data subject (b) the monitoring of their behaviour as far as their behaviour takes place within the Union. Guests registration is carried out on the Italian site, and data are processed in the head office of the management company in Italy. By the way, according to this paragraph, the GDPR also applies to other cases, which we have mentioned at the beginning of this article. the monitoring of their behaviour as far as their behaviour takes place within the Union. 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. Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, Article 91. A Russian mobile application processes the geolocation data of Russian and foreign nationals in the EU. Subject-matter and objectives, Article 25. Do you want to ensure you are data-protection-compliant? Processing under the authority of the controller or processor, Article 30. 56. 2. 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. (page 14). processing is necessary to protect the vital interests of the data subject or of another natural person … Chapter 3 (Art. Principles relating to processing of personal data, Article 8. General Data Protection Regulation (GDPR) Art. 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. 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.” 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. Relationship with previously concluded Agreements, Article 98. Review of other Union legal acts on data protection, Article 99. 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. Understanding Article 3 GDPR Organizations established in the European Union. Processing and public access to official documents, Article 87. Processing and freedom of expression and information, Article 86. 13 11 Art. Notification obligation regarding rectification or erasure of personal data or restriction of processing, Article 22. Processing of personal data relating to criminal convictions and offences, Article 11. 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. 1. Right to restriction of processing, Article 19. 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). Click here! Source: EUR-lex. Notification of a personal data breach to the supervisory authority, Article 34. Article 3 GDPR. 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. Is also essential for controllers and processors, both within and o… general data protection by design and by,... Dpo LLC 2018-2020 | Privacy Notice | About, Co-Founder & CEO of data Privacy Office.! 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