Does GDPR apply to companies or individuals?
Asked by: Earlene Keebler | Last update: January 27, 2026Score: 4.9/5 (39 votes)
The GDPR primarily applies to companies (controllers and processors) handling personal data, but it can also apply to individuals if they are engaged in professional or commercial activities that involve processing EU residents' data, not purely personal or household tasks. It protects the data of individuals (data subjects) in the EU, regardless of where the company is located, by imposing obligations on entities (even outside the EU) that offer goods/services to, or monitor, people in the EU.
Who does the GDPR not apply to?
Some of the key exemptions from GDPR compliance include personal or household activities, government agencies and law enforcement, and the processing of personal data by Member States.
Does the GDPR apply to US companies?
Are US companies subject to GDPR? Yes, the GDPR can apply to businesses in the US or any business outside the European Union. As per Article 3 of the GDPR, the territorial scope of the GDPR applies to businesses regardless of whether the processing takes place in the European Economic Area (EEA).
How do I know if GDPR applies to my company?
The GDPR applies to any entity, including a person, business, or organization, that collects or processes personal data from individuals in the EU and EEA. The size or location of the entity does not matter. The litmus test is to verify whether your organization targets EU residents.
Does GDPR apply to employers?
Employers must follow GDPR guidelines and local data protection laws when processing employee data in different countries. By understanding the rules and regulations for cross-border data transfers, employers can ensure compliance and avoid costly fines and penalties.
Does GDPR Apply To US Companies? - TheEmailToolbox.com
Who is exempt from GDPR?
Some of the most common exemptions include businesses that do not process personal data of living persons, businesses that have no connection with the European Union, derogations for businesses with less than 250 employees, or data processing primarily for personal/household activities.
Are employee conversations with HR confidential?
Maintaining HR confidentiality of employee discussions and information is a cornerstone of any professional and ethical Human Resources (HR) function. In most professional settings, employee confidentiality laws are designed to limit how and when personal or sensitive information can be shared internally.
Do small businesses have to comply with GDPR?
Small websites must comply with GDPR if they collect or process the personal data of individuals in the EU. Compliance is based on the nature of data processing activities rather than the size of the website or organization.
Is GDPR compliance mandatory in the US?
Yes, the EU's GDPR (General Data Protection Regulation) applies to many businesses in the U.S., not just those in Europe, due to its "extra-territorial" reach, meaning it governs U.S. companies that offer goods/services to, or monitor the behavior of, individuals in the EU, or have an establishment (like a branch or employees) in the EU. U.S. companies must comply if they process data of EU residents, even if they have no EU presence, by implementing principles like consent, transparency, and data minimization, similar to U.S. state laws like CCPA but with stricter opt-in consent requirements.
Does GDPR apply to individuals?
Yes, individuals can be subject to the GDPR, if their data processing is beyond the scope of “purely personal or household activity” as defined in Article 2 of the GDPR. The regulation does not apply to the processing of personal data by a natural person for purely personal or household activity.
What is GDPR called in the USA?
What is the US equivalent of the GDPR? The US equivalent of the GDPR is the CCPA or California Consumer Privacy Act. It was inspired by the GDPR, and both laws protect the personal data of consumers.
What companies does GDPR apply to?
Answer. The GDPR applies to: a company or entity which processes personal data as part of the activities of one of its branches established in the EU, regardless of where the data is processed; or.
What is not protected under the GDPR?
The principles of data protection should therefore not apply to anonymous information, namely information which does not relate to an identified or identifiable natural person or to personal data rendered anonymous in such a manner that the data subject is not or no longer identifiable.
Does GDPR apply to US-based companies?
GDPR's extraterritorial reach means that U.S. businesses are not exempt from its requirements. If your company processes personal data of EU citizens—whether through offering goods or services, employing EU residents, or monitoring EU citizens' online behavior—your organization is subject to GDPR.
What are the 7 rules of GDPR?
Broadly, the seven principles are :
- Lawfulness, fairness and transparency.
- Purpose limitation.
- Data minimisation.
- Accuracy.
- Storage limitation.
- Integrity and confidentiality (security)
- Accountability.
What are the 6 legal bases of GDPR?
Article 6 of the General Data Protection Regulation (GDPR) sets out what these potential legal bases are, namely: consent; contract; legal obligation; vital interests; public task; or legitimate interests.
How to know if a company is GDPR compliant?
Search the register. Search for organisations and people registered with the Information Commissioner's Office (ICO) under the Data Protection Act 2018. Tip: Search by one field at a time, preferably the registration reference.
Do companies based in Europe have to comply with US privacy laws?
The country where the company collecting data is located doesn't matter, and EU companies must comply with US privacy laws if they meet the relevant criteria.
What is the US alternative to GDPR?
The California Consumer Privacy Act (CCPA), passed in 2018, was the first in the USA as a response to GDPR and data privacy violations in the state. It boasts similar data protection regulations, though admittedly on a finite scale.
What happens if companies don't follow GDPR?
If we consider that you have failed (or are failing) to comply with the GDPR or the DPA 2018, we have the power to take enforcement action. We may require you to take steps to bring your operations into compliance or we may decide to fine you, or both.
How to explain GDPR in simple terms?
GDPR is an EU law with mandatory rules for how organisations and companies must use personal data in an integrity friendly way. Personal data means any information which, directly or indirectly, could identify a living person. Name, phone number, and address are schoolbook examples of personal data.
What are the 10 key requirements of GDPR?
- 10 key GDPR requirements. ...
- Lawful, fair, and transparent processing. ...
- Purpose, data, and storage limitation. ...
- Data accuracy and security. ...
- Data Protection Impact Assessments (DPIAs) ...
- Privacy by design and default. ...
- Controller–Processor contracts (Article 28) ...
- Data subject rights enablement.
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