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That's not accurate. The part that I think is causing you some confusion could be this section of chapter I

> (23) In order to ensure that natural persons are not deprived of the protection to which they are entitled under this Regulation, the processing of personal data of data subjects who are in the Union by a controller or a processor not established in the Union should be subject to this Regulation where the processing activities are related to offering goods or services to such data subjects irrespective of whether connected to a payment

...so if you're offering any goods or services to non EU citizens who are in the EU but you are a non EU company, GDPR still applies if the processing relates to offering them goods and services.

Note however:

> (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

...and...

> (24) The processing of personal data of data subjects who are in the Union by a controller or processor not established in the Union should also be subject to this Regulation when it is related to the monitoring of the behaviour of such data subjects in so far as their behaviour takes place within the Union.

So monitoring of EU data subjects by non-EU companies and processing data relating to their activities in the EU are definitely covered by GDPR even if you don't intend to offer them goods and services.

Text above quoted from the English text of GDPR as at https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CEL...



You're actually ignoring the relevant part of recital 23:

"Whereas the mere accessibility of the controller’s, processor’s or an intermediary’s website in the Union, of an email address or of other contact details, or the use of a language generally used in the third country where the controller is established, is insufficient to ascertain such intention, factors such as the use of a language or a currency generally used in one or more Member States with the possibility of ordering goods and services in that other language, or the mentioning of customers or users who are in the Union, may make it apparent that the controller envisages offering goods or services to data subjects in the Union."

In other words, don't offer a site in EU languages, accept EU currencies, or ship to the EU and GDPR does not apply (unless you are based there).




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