Charitable organisations, non for profits, refugees.
As you know there are lots of people leaving *** and they are considered as refugee, and there is help available as charity or no profit and they gathering data. As a group member I need to know about the use of gdpr in our situation.
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If the charity or the non-profit organization is EU based, then GDPR will apply since Article 3 GDPR states that GDPR applies to all data processing if the controller or the processor is located in the EU.
On the contrary, if the charity organization is not based in the EU, the data processing will not concern EU individuals (*** is not part of the EU), therefore the GDPR will not apply.
Here you can find more information about the territorial scope of GDPR:
- Is the GDPR applicable to our company? https://advisera.com/eugdpracademy/knowledgebase/who-needs-to-be-gdpr-compliant-an-easy-explanation/
In case GDPR applies, you can consider enrolling in our free online training EU GDPR Foundations Course: https://advisera.com/training/eu-gdpr-foundations-course//
Thank you for your reply.
I have read it.
2 more questions
1 if organisation is not in EU but gathering data with consent from EU residents (not citizens). Do this organisation should comply with EU GDPR.?
2 what kind of status (refugee, person who has working visa, tourist visa, visitor visa) are to be considered as EU resident that data from him can be collected or stored.
Thank you.
"Thank you for your reply.I have read it.2 more questions1 if organisation is not in EU but gathering data with consent from EU residents (not citizens). Do this organisation should comply with EU GDPR.?
Yes, if the organization offers services or goods or processes data of EU individuals it must comply with GDPR.
2 what kind of status (refugee, person who has working visa, tourist visa, visitor visa) are to be considered as EU resident that data from him can be collected or stored.
It is considered with a broad meaning. Recital 14 states: “The protection afforded by this Regulation should apply to natural persons, whatever their nationality or place of residence, in relation to the processing of their personal data.” Therefore, if the GDPR applies because it offers services (even without a price) to EU residents, you should intend the residence broadly.
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Dec 31, 2020