Conversely, when an employee is based in the EU but the processing is not being carried out in the context of the activities of the EU-based employee in the Union i. In other words, the mere presence of an employee in the EU is not as such sufficient to trigger the application of the GDPR, since for the processing in question to fall within the scope of the GDPR, it must also Dating Site 56.
carried out in the context of the activities of the EU-based employee. The fact that the non-EU entity responsible for the data processing does not have a branch or subsidiary in a Member State does not preclude it from having an establishment there within the meaning of EU data protection law.
Although the notion of establishment is broad, it is not without limits. On the other hand, the existence of an establishment within the meaning of the GDPR should not be interpreted too broadly to conclude that Dating Site 56. existence of any presence in the EU with even the remotest links to the data processing activities of a non-EU entity will be sufficient to bring this processing within the scope of EU data protection law.
Some commercial activity carried out by a non-EU entity within a Member State may indeed be so far removed from the processing of personal data by this entity that the existence of the commercial activity in the EU would Dating Site 56. be sufficient to bring the data processing by the non-EU entity within the scope of EU data protection law . If a case by case analysis on the facts shows that there is an inextricable link between the processing of personal data carried out by a non-EU controller or processor and the activities of an EU establishment, EU law will apply to that processing by the non-EU entity, whether or not the EU establishment plays a role in that processing of data .
This Regulation applies to the processing of personal data of data Dating Site 56.
who are in the Union by a controller or processor not established in the Union, where the processing activities are related to:.