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5-TERRITORIAL AND MATERIAL SCOPE OF GDPR (TERRITORIAL SCOPE (to non EU…
5-TERRITORIAL AND MATERIAL SCOPE OF GDPR
TERRITORIAL
SCOPE
of an
establishment
in the EU
GDPR Rec.22 effective and real exercise of activity through stable arrangements (Weltimmo CJEU)
to
non EU established
controller and processors
offering goods or services
to EU data subjects
intent ,awareness and evidence of targeting EU subjects
website
: use of EU language, EU currency, reference to EU consumers, ability to place an order in EU language
monitoring individuals in the EU
in the
context of activities
inextricable link
CJEU-Google Spain
of a controller or
processor
even if controller, DS, data processing are located outside EU
MATERIAL
SCOPE
EXEMPTIONS
2(2)a - processing in the course of an activity which falls outside of the EU law scope, i.e.
public and national security, defence
2(2)b -MS carriying out activities under the scope of the Chap 2 Tit.V of TUE, i.e.
common foreign and security policy EU
2(2)c - Household exemption,
now including SNS and online activities
2(2)d - prevention, prosecution and detection of
criminal offences
(which fall under
LEDP scope
)