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Jerry the Chief Marketing Officer for a sports apparel and trophy company, sells products to schools and athletic clubs globally Recently the company has decided to invest in a new line of customized sports equipment Jerry plans to email his current customer base to offer them a discount on their first purchase of such equipment. Jerry tells Kate, the Director of Privacy, about his plan. What is the best guidance Kate can provide to Jerry?
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Question 206 - CIPP-E discussion

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Which of the following is NOT exempt from the material scope of the GDPR. insofar as the processing of personal data is concerned?

A.

A natural person in the course of a large-scale but purely personal or household activity.

Answers
A.

A natural person in the course of a large-scale but purely personal or household activity.

B.

A natural person processing data foe a small-scale, purely personal or household activity.

Answers
B.

A natural person processing data foe a small-scale, purely personal or household activity.

C.

A natural person in the course of processing purely personal or household data on behalf of a spouse who is beyond the age of majority.

Answers
C.

A natural person in the course of processing purely personal or household data on behalf of a spouse who is beyond the age of majority.

D.

A natural person in the course of activity conducted purely tor a personally-owned sole proprietorship.

Answers
D.

A natural person in the course of activity conducted purely tor a personally-owned sole proprietorship.

Suggested answer: A

Explanation:

The material scope of the GDPR is outlined in Article 21.The Regulation applies to 'processing of personal data wholly or partly by automated means and to the processing other than by automated means of personal data which form part of a filing system or are intended to form part of a filing system.'1However, the Regulation does not apply to the processing of personal data by a natural person in the course of a purely personal or household activity1.This exemption is meant to protect the privacy of individuals in their private sphere and to exclude activities that have no connection with a professional or commercial activity2.The exemption covers activities such as correspondence, social networking, online publication of photos or videos, and the use of online services for personal purposes2.However, the exemption does not apply if the processing of personal data affects the rights and freedoms of others, such as when the data is made accessible to an indefinite number of people3. Therefore, the processing of personal data by a natural person in the course of a large-scale but purely personal or household activity is not exempt from the material scope of the GDPR, as it may have an impact on the privacy of other individuals.The other options are exempt from the material scope of the GDPR, as they involve small-scale, purely personal or household activities that do not affect the rights and freedoms of others.Reference:1: Article 2 of the GDPR2: Recital 18 of the GDPR3: CJEU, Case C-101/01, Lindqvist, 2003.

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asked 22/11/2024
Jorrit Meijer
40 questions
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