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Question 207 - CIPP-E discussion

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MagicClean is a web-based service located in the United States that matches home cleaning services to customers. It otters its services exclusively in the United States It uses a processor located in France to optimize its data. Is MagicClean subject to the GDPR?

A.

Yes, because MagicClean is processing data in the EU

Answers
A.

Yes, because MagicClean is processing data in the EU

B.

Yes. because MagicClean's data processing agreement with the French processor is an establishment in the EU

Answers
B.

Yes. because MagicClean's data processing agreement with the French processor is an establishment in the EU

C.

No, because MagicClean is located m the United States only.

Answers
C.

No, because MagicClean is located m the United States only.

D.

No. because MagicClean is not offering services to EU data subjects.

Answers
D.

No. because MagicClean is not offering services to EU data subjects.

Suggested answer: D

Explanation:

According to Article 3 of the GDPR, the regulation applies to the processing of personal data in the context of the activities of an establishment of a controller or a processor in the EU, regardless of whether the processing takes place in the EU or not. The regulation also applies to the processing of personal data of data subjects who are in the EU by a controller or processor not established in the EU, where the processing activities are related to the offering of goods or services to such data subjects in the EU or the monitoring of their behaviour as far as their behaviour takes place within the EU. In this case, MagicClean is a controller not established in the EU, and it does not offer services to EU data subjects or monitor their behaviour. Therefore, MagicClean is not subject to the GDPR, even if it uses a processor located in France to optimize its data. The location of the processor does not determine the applicability of the GDPR, but the context of the activities of the controller or the processor and the relationship with the data subjects.Reference:

Article 3 of the GDPR

IAPP CIPP/E Study Guide, page 14

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asked 22/11/2024
Wallace Davison
35 questions
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