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There is an “or” not an “and” between these two clauses. It applies if you offer any goods or service, OR monitor behaviour inside the EU. It is interesting th

There is an “or” not an “and” between these two clauses. It applies if you offer any goods or service, OR monitor behaviour inside the EU. It is interesting that the monitoring clause only applied if the subject is inside the EU when the monitoring is done, while the service or goods clause applies if the person is inside the EU with no requirement that the service or good was acquire or used within the EU. I can’t really think of any logical reason for this distinction. The “takes place within the Union” for one and not the other is strange.

TheCoelacanth 9y ago
Both clauses explicitly limit their scope to the EU. > the offering of goods or services, irrespective of whether a payment of the data subject is required, to such data subjects in the Union > the monitoring of their behaviour as far as their behaviour takes place within the Union.
- danieltillett 9y ago
  No they don't. The first is limited to subjects in the EU while the second is limited to activity in EU. If the first clause was limited to activities that take place within the EU the clause would say this - actually there would be no need for two clauses as you would just have one clause that says sale, service and monitoring.
  - TheCoelacanth 9y ago
    It clearly says offering goods and services to subjects in the Union. It only applies if they are in the Union when you are offering them goods or services. If you offer them goods or services outside of the Union and they later enter the Union, you didn't offer goods to someone in the Union, so GDPR doesn't apply.
    - danieltillett 9y ago
      If you offered them a service and they are in the EU then it is covered. There is no location exemption that this clause only applies when the service was offered when they are in the EU unlike the monitoring clause. Why do you think they broke this out into two separate clauses? If you get a request from someone in the EU to remove their data you have to comply no matter where or when the data about them was acquired. The clause is quite clear on this point and it why it is written differently to the clause about monitoring.

TheCoelacanth 9y ago

Both clauses explicitly limit their scope to the EU. > the offering of goods or services, irrespective of whether a payment of the data subject is required, to such data subjects in the Union > the monitoring of their behaviour as far as their behaviour takes place within the Union.

danieltillett 9y ago
No they don't. The first is limited to subjects in the EU while the second is limited to activity in EU. If the first clause was limited to activities that take place within the EU the clause would say this - actually there would be no need for two clauses as you would just have one clause that says sale, service and monitoring.
- TheCoelacanth 9y ago
  It clearly says offering goods and services to subjects in the Union. It only applies if they are in the Union when you are offering them goods or services. If you offer them goods or services outside of the Union and they later enter the Union, you didn't offer goods to someone in the Union, so GDPR doesn't apply.
  - danieltillett 9y ago
    If you offered them a service and they are in the EU then it is covered. There is no location exemption that this clause only applies when the service was offered when they are in the EU unlike the monitoring clause. Why do you think they broke this out into two separate clauses? If you get a request from someone in the EU to remove their data you have to comply no matter where or when the data about them was acquired. The clause is quite clear on this point and it why it is written differently to the clause about monitoring.