A U.S. company's website sells widgets. Which of the following factors would NOT in itself subject the company to the GDPR?

Question

Options

• AThe widgets are offered in EU and priced in euro.
• BThe website is in English and French, and is accessible in France.
• CAn affiliate office is located in France but the processing is in the U.S.
• DThe website places cookies to monitor the EU website user behavior.

• A
  14% (7)
• B
  76% (37)
• C
  4% (2)
• D
  6% (3)

Explanation

According to the GDPR, the regulation applies to the processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union, regardless of whether the processing takes place in the Union or not. The GDPR also applies to the processing of personal data of data subjects who are in the Union by a controller or processor not established in the Union, where the processing activities are related to: (a) the offering of goods or services, irrespective of whether a payment of the data subject is required, to such data subjects in the Union; or (b) the monitoring of their behaviour as far as their behaviour takes place within the Union. In this scenario, a U.S. company's website sells widgets to customers in the EU and places cookies to monitor their behavior. These factors would subject the company to the GDPR, as they indicate that the company is offering goods or services and monitoring the behavior of data subjects in the Union. However, the fact that the website is in English and French, and is accessible in France, would not in itself subject the company to the GDPR, as these factors do not necessarily imply an intention to target customers in the Union. The language and accessibility of the website are not sufficient to establish a relevant and sufficient degree of stability and continuity of the company's activities in the Union.

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