B. The website is in English and French, and is accessible in France:
Merely having a website accessible in the EU and available in languages spoken in the EU (like English and French) does not, by itself, indicate an intention to target customers in the EU. Accessibility alone is not enough to establish that the company is offering goods or services to data subjects in the EU.
C- Having an affiliate office in France does not in itself subject the company to the GDPR if the processing of data takes place entirely in the U.S. However, if the company offers goods or services to individuals in the EU (as indicated in options A, B, and D) or monitors their behavior, the GDPR would apply.
Given the initial lack of clarity in the question, the affiliate office's mere presence does not establish an "inextricable link" (Google Spain SL v. AEPD.) without additional information on its activities. Aso EDPB Guidelines highlight the limitations of an otherwise broad Article 3(1). mere presence of an employee in the European Union is not sufficient to trigger the application of the GDPR; the processing in question must also be carried out in the context of the activities of the EU-based employee. In other words, when an employee is based in the European Union but the processing is not being carried out in the context of the activities of the EU-based employee in the European Union (i.e., the processing relates to the activities of the controller outside the European Union), it will not be within the scope of Article 3(1).
B - GDPR applies to all companies doing business in the EU regardless of their location. Having a user access your website from the EU does not establish your intention to do business in the EU. If you actively court business in the EU, however, you need to follow GDPR.
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