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Supervisory authority and extra-territorial provisions

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Guest user Created:   Feb 18, 2019 Last commented:   Feb 18, 2019

Supervisory authority and extra-territorial provisions

Let's imagine that there is a company outside of EU, who offers products and services for EU customers. Of course, this company needs to comply with GDPR. But what happens if this company decides not to comply with GDPR? How can Supervisor Authorities act in this context?
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EU GDPR DOCUMENTATION TOOLKIT

Step-by-step implementation for smaller companies.

EU GDPR DOCUMENTATION TOOLKIT

Step-by-step implementation for smaller companies.

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Andrei Hanganu Feb 18, 2019

Answer:

Where the extra-territorial provisions of the EU GDPR apply, the controller or the processor must appoint a representative. That representative must be based in a Member State in which the relevant individuals are based. There is a limited exemption to the obligation to appoint a representative where the processing is occasional, is unlikely to be a risk to individuals and does not involve large scale processing of sensitive personal data.
So, there is this obligation to have a representative in the EU and the representative will have to face the relevant supervisory authorities and accept liability for breach of the Regulation, which could now be substantial.

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Feb 18, 2019

Feb 18, 2019

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