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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. 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. 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. 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. 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.” A Russian mobile application processes the geolocation data of Russian and foreign nationals in the EU. Relationship with Directive 2002/58/EC, Article 96. For more details on these recitals and court precedent, please see our video lesson. 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 site is in Russian. Right to compensation and liability, Article 83. If so the, http://www.privacy-regulation.eu/en/3.htm, https://www.privacyaffairs.com/gdpr-fines. 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. 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 … Lost your password? Notification obligation regarding rectification or erasure of personal data or restriction of processing, Article 22. Article 3. Americans and Europeans who come to Belarus and want to meet local women can also register on the site. 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). Automated individual decision-making, including profiling, Article 24. Representatives of controllers or processors not established in the Union, Article 29. Tasks of the data protection officer, Article 41. Cooperation between the lead supervisory authority and the other supervisory authorities concerned, Article 62. 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. Transparent information, communication and modalities for the exercise of the rights of the data subject, Article 13. Data Protection Trainer and Principal Consultant. The latest consolidated version of the Regulation with corrections by Corrigendum, OJ L 127, 23.5.2018, p. 2 ((EU) 2016/679). A PII controller’s obligations can be defined by legislation, by regulation and/or by contract. 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