The question that gates everything else
There is no point choosing a lawful basis, writing a notice, or planning a breach response until you know the GDPR applies to you. Applicability is the gate. The good news: the test is small - three questions from Article 3 - and once you can run it, you can screen any product, market, or campaign in seconds. This session builds that reflex with a checker you drive yourself.
Three questions, one answer 7 min live
The applicability test is a short decision: any one "yes" to the three Article 3 triggers means the GDPR applies. For a Singapore company the establishment question is usually "no" - so the answer turns on offering and monitoring.
LiveWhat each trigger really asks3 min▶
- Established in the EU? An office, branch, or stable arrangement in the EU. Rare for a pure Singapore company, but if a subsidiary or a single employee's home office counts as stable, this can catch you.
- Offer goods or services to people in the EU? The key word is target. A website merely being accessible from Europe is not enough; evidence of targeting - EU shipping, euro pricing, EU languages, marketing aimed at EU markets, actual EU customers - is. Payment is not required.
- Monitor behaviour of people in the EU? Tracking, profiling, cookies-for-analytics, ad-tech that follows EU users. If your product observes what EU individuals do, this trigger is live.
LiveFound to be in scope? The first three actions3 min▶
"The GDPR applies" is a starting line, not a verdict. The moment the checker says yes, three actions follow:
- Set a lawful basis for the EU personal data you already process (session b2). You cannot process lawfully without one of the six.
- Appoint an EU representative (Art 27) if you have no EU establishment, unless a narrow exemption applies.
- Start the record of processing (Art 30) - the inventory that every later obligation reads from (session b5).
Lumina runs the checker. Lumina answers no, yes, yes - no EU office, but it sells its SaaS to EU startups and runs product analytics on them. Two triggers, so the GDPR applies. Lumina's to-do list writes itself: a lawful basis for its EU users, an EU representative, and a record of processing. The rest of the practitioner track works through exactly that list.
Run it yourself 8 min live
The checker below has two modes. The applicability mode runs the Article 3 test; the lawful-basis mode helps with the follow-on question once you are in scope. Drive both.
Live★ Build-along: applicability3 min▶
Answer the three questions for Lumina (no, yes, yes) and watch the verdict cite Article 3(2)(a). Then flip a single answer to no and watch the reasoning change - the checker always names the limb that catches you.
Live★ Build-along: which lawful basis3 min▶
Once you are in scope, every use of personal data needs one of the six lawful bases. Switch the checker to lawful-basis mode and pick a purpose - watch it suggest the fitting basis and flag the catch (consent must be a real opt-in; legitimate interests needs a balancing test; special-category data needs an Article 9 condition too).
Notice the two that trip teams up: consumer marketing pushes you toward consent (a real opt-in, withdrawable), while a genuine business need points to legitimate interests - which is flexible but only if you can show a documented balancing test. Session b2 makes this choice properly.
Self-studyWhy "out of scope" is a moving target2 min read▶
The most dangerous checker result is a "no" you treat as permanent. Applicability tracks what your business does, and that changes: a marketing push into Germany, a new EU reseller, a feature that profiles visitors, a single enterprise customer in Amsterdam - any of these flips a "no" to a "yes" without anyone re-running the test. Bake the Article 3 check into the moments where scope changes: entering a new market, launching analytics, onboarding a large customer. The checker is not a one-time gate; it is a screen you re-run whenever the answers to its three questions might have moved.
Screen your real products ★ 10 min · the checker above
Run the applicability mode on the products and campaigns you actually operate.
Your main product. Answer the three triggers honestly. Record the verdict and the limb. If it is a "yes", write the first three actions next to it.
A borderline case. Take something you are unsure about - a site accessible from Europe but not targeted there. Note why "accessible" is not "offering", and mark it as a get-advice item rather than guessing.
Switch to basis mode. For one real processing purpose, see which basis the checker suggests and whether it flags a balancing test or an Article 9 condition. Is your current practice using that basis, or just assuming consent?
Reflect. In one line: which product most urgently needs GDPR work, and is it because it is in scope and unprepared? That is where the rest of the track pays off first.
Before session b2 ◐ 40 min total
- Run the applicability checker on every product and market you operate; list which are in scope and the limb that catches each.
- For each in-scope product, draft the first three actions (lawful basis, EU representative, record of processing).
- Find one borderline "offering to the EU" case and write down the evidence for and against - the raw material for a real scope decision.
- Read: GDPR Article 3 and Article 6 - short, and the backbone of everything this session did.
Official sources covered
Taught from the GDPR text. This page covers ~80% of the working content on applicability - the deeper obligations follow in later sessions.
Three questions before you go 🎯 ◐ 90 seconds
1 · How many of the three Article 3 triggers must be true for the GDPR to apply?
Any single trigger - establishment, offering to people in the EU, or monitoring them - brings you into scope. For a Singapore firm it usually turns on offering or monitoring.
2 · Your website is accessible from Germany but you do not target the EU. On the "offering" trigger, this...
Mere accessibility is not "offering". The trigger needs targeting evidence - EU shipping, euro pricing, EU-language marketing, actual EU customers. Close calls need advice.
3 · The checker says the GDPR applies. A sensible first action is...
In scope means you need a lawful basis for the EU data, likely an EU representative (Art 27), and a record of processing (Art 30) - the inventory the later obligations read from.