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. 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. Automated individual decision-making, including profiling, Article 24. 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. The site is in Russian. Transparent information, communication and modalities for the exercise of the rights of the data subject, Article 13. processing is necessary to protect the vital interests of the data subject or of another natural person … 1. Source: Article 5. For more details on these recitals and court precedent, please see our video lesson. Relationship with previously concluded Agreements, Article 98. Review of other Union legal acts on data protection, Article 99. 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. We hope that the information was helpful. 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; Representatives of controllers or processors not established in the Union, Article 29. General Data Protection Regulation (EU GDPR). Article 16: Right to rectification 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. OJ L 127, 23.5.2018 as a neatly arranged website. 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. Lost your password? Article 3 GDPR deals with the territorial scope of the regulation. Dispute resolution by the Board, Article 68. it is necessary to comply with the GDPR. Existing data protection rules of churches and religious associations, Article 95. Communication of a personal data breach to the data subject, Article 35. Designation of the data protection officer, Article 38. Article 3 GDPR. NEW: The practical guide PrivazyPlan® explains all dataprotection obligations and helps you to be compliant. 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. 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. General conditions for imposing administrative fines, Article 85. 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. 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. 9. CJEU, Unabhängiges Landeszentrum für Datenschutz Schleswig-Holstein/Wirtschaftsakademie Schleswig-Holstein GmbH, C-210/16 (2018). 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. Protection, Article 44 is affirmative, i.e to any of the rights of the cjeu judgement in Spain..., Update of Opinion on applicable law in light of the activities of an establishment in the context of cases... 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