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Question: Does this school fall under the same guidelines as schools physically located in the EU?
Which brings up the issue of any other private schools in the US that an EU citizen might send their student to. Are we responsible for their data as well? Or does this responsibility fall on the EU Citizen?
Answer:
If the school is based in the US then the US regulations apply. So the EU GDPR is not relevant in this case. The Regulation will only apply to personal data about individuals in the Union the nationality or habitual residence of those individuals is irrelevant.
All private schools in the US would need to comply with the US legislation in terms of privacy and you as well. As mentioned above the EU GDPR is only applicable if the processing activity is happening in the EU or if it targets individuals (n ot necessary citizens) that are in the EU.
To get a better understanding of the extra territorial reach of the EU GDPR check out our article “EU GDPR: What is it, how does it work and why use it?” - https://advisera.com/eugdpracademy/what-is-eugdpr/
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Apr 09, 2018