GDPR is the new General Data Protection Regulation effective since 25th of May 2018. Processing of special categories of personal data Article 10. Recital (16) This Regulation does not apply to issues of protection of fundamental rights and freedoms or the free flow of personal data related to activities which fall outside the scope of Union law, such as activities concerning national security. Generally, the basic assessment that needs to be conducted to understand whether a personal data processing activity with a given purpose can take place lawfully is to ascertain whether the organisation has a lawful basis in Article 6 GDPR. Thus, controllers acting in the field covered by the PSD2 must always ensure compliance And in theory, it can even apply if you're writing with crayons on the back of a napkin. The GDPR applies directly in all EU member states. Guidance on how and when the GDPR applies to businesses outside the EU/EEA and the impact of Brexit. 2. The GDPR applies to the processing of personal data carried out wholly or partly by automated means. As the EDPB empha-sizes in new language added to the final guidance, this means “certain processing of personal data by a con- 2 GDPRMaterial scope. Under the GDPR, the position on this issue has not materially changed (e.g., although the wording may be different in the GDPR, the nature of the relevant obligation is unchanged).. What are your rights? Processing covers a wide range of operations performed on personal data, including by manual or automated means. The GDPR asserts two primary bases for territorial jurisdiction that are relevant to businesses: (1) being established in the EU and conducting data processing in the context of that business’ activities; or (2) either: (a) offering goods or services, for free or for a fee, to individuals in the EU; or (b) monitoring the behavior of individuals within the EU. As GDPR applies to both business-to-consumer (B2C) and business-to-business (B2B) marketing, we’ve also included the rule differences between each below. According to Article 2 of the GDPR, the GDPR applies when you're processing personal data: By "automated means," or Processing of Personal Data Under the GDPR . Recital 17: Regulation ... are fulfilled, the GDPR applies unless the processing falls under one of the exceptions found in Article 2(2)(a)-(d). Where point (a) of Article 6(1) applies, in relation to the offer of information society services directly to a child, the processing of the personal data of a child shall be lawful where the child is at least 16 years old. 10 11 Art. It would be helpful to consider whether there is an inextricable link between the processing of personal data carried out by a non-EU controller or processor and the activities of the EU establishment. FALSE: The GDPR applies to fully or partially automated processing, but also to files that are not automated at all and consist of a structured data record (customer or patient files, e.g., handwritten list of defaulting payers, etc. Whether or not UK GDPR will apply to an entity’s activities will depend on its actual processing activities. Lawfulness of processing Article 7. The term the "applied GDPR" is defined by s.3 (11) of the Data Protection Act 2018 as the GDPR as applied by Chapter 3 of Part 2 of the Act. 12 11 Art. GDPR does not apply to those who process personal data of EU citizens if it is exclusive to household or personal activities. Principles relating to processing of personal data Article 6. The GDPR applies to all individuals and organisations (including hospitals, clinics and general practices) who have day-to-day responsibility for data protection. 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