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GDPR Application in Case of EU Nationals Living Outside UAE

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Guest user Created:   Jun 20, 2018 Last commented:   Jun 20, 2018

GDPR Application in Case of EU Nationals Living Outside UAE

We are an organization based in United Arab Emirates, to assess applicability of GDPR we have conducted a survey with our business unit and found out that we are offering services/products to EU nationals but they are not residing in EU, they are residing in UAE. In this case would the GDPR be applicable?
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EU GDPR & ISO 27001 INTEGRATED DOCUMENTATION TOOLKIT

Step-by-step implementation for smaller companies.

EU GDPR & ISO 27001 INTEGRATED DOCUMENTATION TOOLKIT

Step-by-step implementation for smaller companies.

Expert
Andrei Hanganu Jun 20, 2018

Answer:

My guess is that the EU GDPR is not applicable in your case since you are not offering goods or services to individuals in the EU.

The EU GDPR will only apply to personal data regarding individuals within the Union, while the nationality or habitual residence of those individuals is irrelevant. For example, a company based in the EU which is processing the data of Japanese individuals located in Japan will still need to comply with the EU GDPR. Consequently, the Japanese individuals will be benefiting from all rights according to the EU GDPR, even if these rights do not exist in their own nation’s laws.

When the data of EU citizens is processed outside of the EU by companies which are also outside the EU, then this is not cons idered to be “in the Union”. For example, the EU GDPR will not be applicable for a school which is based in the United States just because there is a possibility that one or several of its students would be EU citizens. In this case the processing does not take place “in the Union,” nor is the individual “in the Union”.

To learn more about the EU GDPR check out our “EU GDPR Foundation Course” (https://advisera.com/training/eu-gdpr-foundations-course//)

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Jun 20, 2018

Jun 20, 2018

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