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In such circumstances, the activities of the operator of the search engine and those of its establishment situated in the Member State concerned are inextricably linked since the activities relating to the advertising space constitute the means of rendering the search engine at issue economically profitable and that engine is, at the same time, the prisijungti dating website enabling those activities to be performed.
Buveinė reiškia, kad per stabilias struktūras vykdoma veiksminga ir reali veikla. Teisinė tokių struktūrų forma, neatsižvelgiant į tai, ar tai filialas ar patronuojamoji bendrovė, turinti juridinio asmens statusą, tuo požiūriu nėra lemiamas veiksnys; 22 Any processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union should be carried out in accordance with this Regulation, regardless of whether the processing itself takes place within the Union.
Establishment implies the effective and real exercise of activity through stable arrangements.
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The legal form of such arrangements, whether through a branch or a subsidiary with a legal personality, is not the determining factor in that respect. Šis reglamentas neapimama juridinių asmenų ir visų pirma su juridinio asmens statusą turinčių įmonių duomenų, įskaitant juridinio asmens pavadinimą, teisinę formą ir kontaktinius duomenis, tvarkymo; 14 The protection afforded by this Regulation should apply prisijungti dating website natural persons, whatever their nationality or place of residence, in relation to the processing of their personal data.
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This Regulation does not cover the processing of personal data which concerns legal persons and in particular undertakings established as legal persons, including the name and the form of the legal person and the contact details of the legal person. Conversely, when an employee is prisijungti dating website in the EU but the processing is not being carried out in the context of the activities of the EU-based employee in the Union i.
In other words, the mere presence of an employee in the EU is not as such sufficient to trigger the prisijungti dating website of the GDPR, since for the processing in question to fall within the scope of the GDPR, it must also be carried out in the context of the activities of the EU-based employee.
The fact that the non-EU entity responsible for the data processing does not have a branch or subsidiary in a Member State does not preclude it from having an establishment there within the meaning of EU data protection law.
Although the notion of establishment is broad, it is not without limits. On the other hand, the existence of an establishment within the meaning of the GDPR should not mokamas online dating verta interpreted too broadly to conclude that the existence of any presence in the EU with even the remotest links to the data processing activities of a non-EU entity will be sufficient to bring this processing within the scope of EU data protection law.
Some commercial activity carried out by a non-EU entity within a Member State may indeed be so far removed from the processing of personal data by this entity that the existence of the commercial activity in the EU would not be sufficient to bring the data processing by the non-EU entity within the scope of EU data protection law .
If a case by case analysis on the facts shows that there is an inextricable link between the processing of personal data carried out by a non-EU controller or processor and the activities of an EU establishment, EU law will apply to that processing by the non-EU entity, whether or not the EU establishment plays a role in that processing of data .
Šis reglamentas taikomas asmens duomenų tvarkymui, kai Sąjungoje esančių duomenų subjektų asmens duomenis tvarko Sąjungoje neįsisteigęs duomenų valdytojas arba duomenų tvarkytojas ir duomenų tvarkymo veikla yra susijusi su: 2. This Regulation 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:.