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Am I affected by the GDPR?

30/10/2018 by

Only if you use personal data exclusively in a private or family environment, you are not affected by the GDPR.

The GDPR applies to the wholly or partly automated processing of personal data as well as to the non-automated processing of personal data which are stored or are intended to be stored in a sorted manner.(Article 2)

The GDPR applies to all companies, organizations, public authorities, associations and individuals who process personal data (outside the personal and family sphere). These companies, organizations, etc. are called responsible parties.

The GDPR applies to controllers in the EU and to all personal data that is processed – including for individuals living outside the EU.

For controllers outside the EU, the GDPR applies only if they offer goods or services to data subjects in the European Union, regardless of whether a payment is to be made by those data subjects or whether they monitor the conduct of data subjects, to the extent that such conduct takes place in the Union.

Goods or services are offered to persons in the EU, for example, if it is recognizable that persons in the EU are to be reached. This can be done by prices in EUR, a web presence in a language spoken mainly in the EU (German, Czech) or by articles referring to an EU country.

Example: A US company that sells online courses in English but has no visible connection to the EU is not subject to the GDPR – even if the courses can be purchased online from the EU. If the company also prices in EUR, it is subject to the GDPR.

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