MagicClean is a web-based service located in the United States that matches home cleaning services to customers. It otters its services exclusively…

According to Article 3 of 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 EU, regardless of

whether the processing takes place in the EU or not. The regulation also applies to the processing of

personal data of data subjects who are in the EU by a controller or processor not established in the

EU, where the processing activities are related to the offering of goods or services to such data

subjects in the EU or the monitoring of their behaviour as far as their behaviour takes place within

the EU. In this case, MagicClean is a controller not established in the EU, and it does not offer

services to EU data subjects or monitor their behaviour. Therefore, MagicClean is not subject to the

GDPR, even if it uses a processor located in France to optimize its data. The location of the processor

does not determine the applicability of the GDPR, but the context of the activities of the controller or

the processor and the relationship with the data subjects. Reference:

Article 3 of the GDPR

IAPP CIPP/E Study Guide, page 14