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 means enabling those activities to be performed.
Sediul implică exercitarea efectivă și reală a unei activități în cadrul unor înțelegeri stabile. Forma juridică a unor astfel de înțelegeri, prin intermediul unei sucursale sau al unei filiale cu personalitate juridică, nu este factorul determinant în această privință.
Establishment implies the effective and real exercise of activity through stable arrangements. 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.
Prezentul regulament nu se aplică prelucrării datelor cu caracter personal care privesc persoane juridice și, în special, întreprinderi cu personalitate juridică, inclusiv numele și tipul de persoană juridică și datele de contact ale persoanei juridice.
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 based 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 36 dating 26 of an employee in the EU is not as such sufficient to trigger the application of the GDPR, since for the processing in question to fall within the scope of the GDPR, 36 dating 26 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 be 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 .