Where point (a) of Article 6(1) applies, in relation to the offer of information society services directly to a child, the processing of the personal data of a child shall be lawful where the child is at least 16 years old. Lawfulness of processing Article 7. If the processing of personal data is "in the context of the activities" of such establishment, then the GDPR would apply to data controllers or processors located outside the EU. 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 As GDPR applies to both business-to-consumer (B2C) and business-to-business (B2B) marketing, we’ve also included the rule differences between each below. Principles relating to processing of personal data Article 6. The GDPR applies if you're using a computer. Recital (16) This Regulation does not apply to issues of protection of fundamental rights and freedoms or the free flow of personal data related to activities which fall outside the scope of Union law, such as activities concerning national security. ). Under the GDPR, a controller must make certain disclosures to EU residents about its data processing activities. (17) Regulation (EC) No 45/2001 of the European Parliament and of the Council [6] applies to the processing of personal data by the Union institutions, bodies, offices and agencies. Processing of Personal Data Under the GDPR . Processing means any operation involving personal data, such as collecting, recording, use, storing, sharing, disclosure, deletion or destruction. Recital 25 gives the example of processing taking place in a “ Member State’s diplomatic mission or consular post ”. This Regulation applies to the processing of personal data wholly or partly by automated means and to the processing other than by automated means of personal data which form part of a filing system or are intended to form part of a filing system. It's a little more complicated than that. Material scope of application: processing of personal data. In relation toextraterritorial scope , the GDPR applies to the processing activities of data controllers and data processors that do not have any presence in the EU but where their processing activities are related to theo ering of goods or services to individuals in the EU, or to the monitoring of the behaviour of individuals in the EU. The GDPR Applies to Processing Activities, Not Organizations Perhaps the most important general takeaway is the EDPB’s restatement that the GDPR applies to process-ing activities, not organizations. Guidance on how and when the GDPR applies to businesses outside the EU/EEA and the impact of Brexit. Conditions for consent Article 8. The UK GDPR applies to the processing of personal data that is: ... To determine whether you are a controller or processor, you will need to consider your role and responsibilities in relation to your data processing activities. As the EDPB empha-sizes in new language added to the final guidance, this means “certain processing of personal data by a con- Article 5. Conditions for consent Article 8. The introduction of the GDPR is not intended to hinder basic business activities as this so normally there should be a ground to do this under GDPR. Conditions applicable to child's consent in relation to information society services Article 9. Recital 14 of the GDPR outlines who is protected under the regulation. In relation to your data, you have the right to: GDPR applies to: 12 11 Art. It would be helpful to consider whether there is an inextricable link between the processing of personal data carried out by a non-EU controller or processor and the activities of the EU establishment. Under the GDPR, the position on this issue has not materially changed (e.g., although the wording may be different in the GDPR, the nature of the relevant obligation is unchanged).. This Regulation does not apply to the processing of personal data by the Member States when carrying out activities in relation to the common foreign and security policy of the Union. GDPR does not apply to those who process personal data of EU citizens if it is exclusive to household or personal activities. Whether or not UK GDPR will apply to an entity’s activities will depend on its actual processing activities. Processing covers a wide range of operations performed on personal data, including by manual or automated means. 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