Article 3*

Territorial Scope

Commission Proposal

1. 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.

2. This Regulation applies to the processing of personal data of data subjects residing in the Union by a controller not established in the Union, where the processing activities are related to:

(a) the offering of goods or services to such data subjects in the Union; or

(b) the monitoring of their behaviour.

3. This Regulation applies to the processing of personal data by a controller not established in the Union, but in a place where the national law of a Member State applies by virtue of public international law.

Go to relevant Recital 19Go to relevant Recital 20Go to relevant Recital 21Go to relevant Recital 22

EDRi’s proposed amendment

1. 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.

2. This Regulation applies to the processing of personal data of data subjects residing in the Union by a controller not established in the Union, where the processing activities are related to:

(a) the offering of goods or services to such data subjects in the Union, irrespective of whether a payment of the data subject is required; or

(b) the monitoring of their behaviour.

3. This Regulation applies to the processing of personal data by a controller not established in the Union, but in a place where the national law of a Member State applies by virtue of public international law.

Justification/Note

The notion of “processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union” could be clarified. This question has already been raised under the current framework (see e.g. Opinion of the Working Party 29 on applicable law). While under a Regulation, questions of applicable law become less complicated, there should still be explicit rules on the applicability of national law building on the Regulation, e.g. specific rules in the employment context (see Article 82).

It should be clarified that controllers established outside the Union are also subject to the Regulation when offering goods or services without a payment (e.g. because the service is paid for by advertising) to data subjects in the Union.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

  • eu logo The launch and upkeep (until December 31, 2013) of this website received financial support from the EU's Fundamental Rights and Citizenship Programme.
%d bloggers like this: