2 ms·
> It applies if you have European users. That's not quite correct. If you aren't in the union, whether it applies or not is covered by Article 3(2). That gives
by tzs 2y ago
> It applies if you have European users.
That's not quite correct. If you aren't in the union, whether it applies or not is covered by Article 3(2). That gives two situations where it applies. It applies if you are handling the data of people in the Union if the processing activities are related to:
(a) "the offering of goods or services, irrespective of whether a payment of the data subject is required, to such data subjects in the Union"
or
(b) "the monitoring of their behaviour as far as their behaviour takes place within the Union"
There's a recital (number 23) that provides more detail for (a). It says "In order to determine whether such a controller or processor is offering goods or services to data subjects who are in the Union, it should be ascertained whether it is apparent that the controller or processor envisages offering services to data subjects in one or more Member States in the Union. Whereas the mere accessibility of the controller’s, processor’s or an intermediary’s website in the Union, of an email address or of other contact details, or the use of a language generally used in the third country where the controller is established, is insufficient to ascertain such intention, factors such as the use of a language or a currency generally used in one or more Member States with the possibility of ordering goods and services in that other language, or the mentioning of customers or users who are in the Union, may make it apparent that the controller envisages offering goods or services to data subjects in the Union".
So for example if you ran a forum for fans of your local community theater group in some small US city, and some Europeans found it and joined, that probably wouldn't require you to comply with GDPR unless you were doing behavioral monitoring that fell under 3(2)(b).