NEWSLETTER-2017

322 NEWSLETTER 2017 authority and the one-stop-shop mechanism should not apply where the processing is carried out by public authorities or private bodies in the public interest 8 . • Administrative Fines and Remedies . Art. 83 of the GDPR regulates the administrative fines to be imposed on data cont- rollers and processors, which go up to 20 million EUR, or in the case of entities, up to 4% of annual worldwide turnover of the previous financial year, whichever amount is higher. Furthermore, Art. 82 grants the right to claim compensation to any person who suffered material or non-material damage. The Territorial Scope of the GDPR The biggest and most important change introduced by the GDPR is its territorial application, laid down under Art. 3 of the GDPR which reads: 1. This Regulation applies to the processing of personal data in the context of the activities of an establishment of a cont- roller or a processor in the Union, regardless of whether the processing takes place in the Union or not. 2. This Regulation applies to the processing of personal data of data subjects who are in the Union by a controller or pro- cessor not established in the Union, where the processing activities are related to: a. the offering of goods or services, irrespective of whether a payment of the data subject is required, to such data subjects in the Union; or b. the monitoring of their behaviour as far as their behavi- our takes place within the Union. 3. This Regulation applies to the processing of personal data by a controller not established in the Union, but in a place May 2016, p. 5. 8 Please see, the Preamble of the GDPR, § 128.