When you start creating your Privacy Policy, the first set of questions will be used to determine what privacy laws apply to you, and thus what disclosures your Privacy Policy needs to contain. The question of "do you offer goods or services to residents of the European Union" will determine whether you need to comply with the European Union's privacy law, the General Data Protection Regulation (GDPR). If you answer "yes" to this question, you will need to comply with GDPR and will be asked additional questions for the disclosures required by this law. 


GDPR will apply to you even if you are not located in the European Union if you offer goods or services to EU residents. The law will apply regardless of whether the goods or services are free or if they are paid for. However, the mere fact your website or application is accessible in the EU does not automatically mean that you have made an offer. 


On the other hand, the presence of one or more of the following factors does mean that you are offering goods or services to EU residents and thus should select "yes" when answering this question: 

  • The EU or at least one member country is designated by name with reference to the good or service offered; 
  • You pay a search engine operator for an Internet referencing service in order to facilitate access to your website by consumers in the EU, or you have launched marketing and advertising campaigns directed at an EU country audience; 
  • The informational nature of the activity, such as tourism; 
  • The mention of a dedicated address or phone number where you can be reached from an EU country; 
  • The use of a top-level domain other than that of the country in which you are located (e.g. .de or .eu); 
  • The description of travel instructions from one or more EU countries to the place where the goods or services are provided; 
  • The mention of an international clientele composed of customers domiciled in various EU countries, in particular by the presentation of accounts (reviews) written by such consumers; 
  • The use of a language or currency that is generally not used in your country (e.g. Euros); or 
  • You offer the delivery of goods in EU countries. 

For more information, read our article on who GDPR applies to.