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 The principles of fair and transparent processing require that the data subject be informed of the existence of the  processing operation and its purposes. The controller should provide the data subject with any further  information necessary to ensure fair and transparent processing taking into account the specific circumstances  and context in which the personal data are processed. Furthermore, the data subject should be informed of the  existence of profiling and the consequences of such profiling. Where the personal data are collected from the  data subject, the data subject should also be informed whether he or she is obliged to provide the personal data  and of the consequences, where he or she does not provide such data. That information may be provided in  combination with standardised icons in order to give in an easily visible, intelligible and clearly legible manner, a  meaningful overview of the intended processing. Where the ico...

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 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. In order to 

determine whether such a controller or processor is offering goods or services to data subjects who are in the 

Union, it should be ascertained whether it is apparent that the controller or processor envisages offering services 

to data subjects in one or more Member States in the Union. 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. 

(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. In order to determine 

whether a processing activity can be considered to monitor the behaviour of data subjects, it should be 

ascertained whether natural persons are tracked on the internet including potential subsequent use of personal 

data processing techniques which consist of profiling a natural person, particularly in order to take decisions 

concerning her or him or for analysing or predicting her or his personal preferences, behaviours and attitudes. 

(25) Where Member State law applies by virtue of public international law, this Regulation should also apply to a 

controller not established in the Union, such as in a Member State's diplomatic mission or consular post. 

(26) The principles of data protection should apply to any information concerning an identified or identifiable natural 

person. Personal data which have undergone pseudonymisation, which could be attributed to a natural person by 

the use of additional information should be considered to be information on an identifiable natural person. To 

determine whether a natural person is identifiable, account should be taken of all the means reasonably likely to 

be used, such as singling out, either by the controller or by another person to identify the natural person directly 

or indirectly. To ascertain whether means are reasonably likely to be used to identify the natural person, account 

should be taken of all objective factors, such as the costs of and the amount of time required for identification, 

taking into consideration the available technology at the time of the processing and technological developments. 

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. This Regulation does not therefore concern 

the processing of such anonymous information, including for statistical or research purposes. 

(27) This Regulation does not apply to the personal data of deceased persons. Member States may provide for rules 

regarding the processing of personal data of deceased persons. 

(28) The application of pseudonymisation to personal data can reduce the risks to the data subjects concerned and 

help controllers and processors to meet their data-protection obligations. The explicit introduction of ‘pseudony-

misation’ in this Regulation is not intended to preclude any other measures of data protection. 

(29) In order to create incentives to apply pseudonymisation when processing personal data, measures of pseudonymi-

sation should, whilst allowing general analysis, be possible within the same controller when that controller has 

taken technical and organisational measures necessary to ensure, for the processing concerned, that this 

Regulation is implemented, and that additional information for attributing the personal data to a specific data 

subject is kept separately. The controller processing the personal data should indicate the authorised persons 

within the same controller.

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