Article 9 - Definitions GDPR. Data relating to criminal convictions Article 10 introduces separate , specific rules for this type of data. The GDPR applies to ‘personal data’, which means any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier. GDPR applies to any and all businesses and organisations which are responsible for handling personal data in the European Union (and the UK) as well as any organisation using data that was collected within participating states. GDPR does not apply to ‘personal or domestic’ activity but individuals ARE subject to GDPR if their processing activity goes beyond domestic or personal activity. Jane. You do not have to have a branch or a subsidiary in the European Union for the law to apply. Hi Jane, As with current data protection rules, the GDPR makes no exceptions for either the size of an organisation or the volume of data it collects – so, technically, the Regulation applies to you. No, the mere fact that your website is accessible in the EU does not mean that GDPR will automatically apply. Reply. While many US companies may think the GDPR does not apply to them because they do not have a location in the EU, the GDPR applies to US or multinational companies that have any employees in the EU. Controllers must only use processors that take measures to meet the requirements of the GDPR. The short answer is…yes, but you didn’t come here for the short answer. Niall McCreanor 25th April 2018. Though the GDPR applies to both public and private entities the U.S. government will likely rely on ad-hoc agreements to meet some of its obligations instead of fully complying. Many thanks. FAQ: I have a website that can be accessed by individuals in the European Union, does that mean that I automatically have to comply with GDPR? The GDPR specifically applies to the processing of “personal data or data subjects… who are in the EU”. How does GDPR apply to US citizens living in an EU country or visiting on vacation or for business. The above does not apply however, if the individual has specifically given permission for the processing to occur, or under a few other very specific circumstances. GDPR applies to all organizations that are established in the EEA, including higher education institutions (e.g., a study center in Europe). Who does GDPR apply to? Will he have to get written consent from everyone? Use of the phrase European Union citizen is not helpful when dealing with GDPR because GDPR is not concerned with citizenship, instead it is concerned with where a person is located. Yes, the GDPR applies to both controllers and processors. 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