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5-Step GDPR Applicability Checklist for Companies

Disclaimer: This checklist is provided for informational purposes only and does not constitute legal advice. While it outlines common scenarios where the GDPR may apply, it is not exhaustive and may not cover all applicable circumstances. For specific guidance tailored to your buisness, please consult a qualified legal professinal.

Step 1: Do You Process Personal Data?

Personal data includes any information that can identify an individual, such as names, email addresses, IP addresses, or even cookie data. If your company collects, stores, or processes such data, the GDPR might apply to you.

Step 2: Are You Based in the EU?

If your company operates in one or more of the 27 EU member states, the GDPR automatically applies to your business, regardless of whether you serve only local or international customers.

Step 3: Do You Offer Goods or Services to EU Residents?

Even if your company is located outside the EU, you must comply with the GDPR if you actively target EU residents. This includes offering products, services, or pricing in euros or local EU languages.

Step 4: Do You Monitor the Behavior of EU Residents?

Tracking the behavior of EU residents through online tools like cookies, analytics, or behavioral advertising falls under the GDPR. If you use these methods to analyze or influence EU users, you’re required to comply.

Step 5: Do You Handle Data of EU Employees, Partners, or Vendors?

Even if your customers aren’t in the EU, processing the personal data of EU-based employees, contractors, or business partners brings your operations under the GDPR’s scope.

 

If you answered “yes” to any of these questions, the GDPR likely applies to your company, and taking steps to ensure compliance is essential.

It’s important to note that the GDPR is not limited to these traditional cases; it may also apply in other circumstances, such as when processing data as a third-party processor, using EU-based servers, operating EU branches or affiliates, fulfilling contracts with EU organizations, transferring EU employee data, engaging in targeted marketing or profiling, or offering free services involving EU personal data.