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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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The Planet 49 CJEU Judgement applies to?
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Question 246 - CIPP-E discussion

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Pursuant to the EDPB Guidelines 8/2022, all of the following criteria must be considered when identifying a lead supervisory authority of a controller EXCEPT?

A.

Determining where the controller has its place of central administration in the EEA.

Answers
A.

Determining where the controller has its place of central administration in the EEA.

B.

Determining the supervisory authority where the place of central administration of the controller is located.

Answers
B.

Determining the supervisory authority where the place of central administration of the controller is located.

C.

Determining the supervisory authority according to what has been identified by the controller as the authority to which data subjects can lodge complaints.

Answers
C.

Determining the supervisory authority according to what has been identified by the controller as the authority to which data subjects can lodge complaints.

D.

Determining if decisions on the processing are taken in another establishment in the EEA, and if that establishment has the power to implement those decisions.

Answers
D.

Determining if decisions on the processing are taken in another establishment in the EEA, and if that establishment has the power to implement those decisions.

Suggested answer: C

Explanation:

According to the EDPB Guidelines 8/2022, the lead supervisory authority of a controller is the supervisory authority of the main or single establishment of the controller in the EEA. The main establishment is the place where the controller has its place of central administration in the EEA, unless decisions on the purposes and means of the processing are taken in another establishment in the EEA, and that establishment has the power to implement those decisions. The controller must be able to demonstrate that such an establishment exists. The supervisory authority of the main establishment is the lead supervisory authority, regardless of what the controller has identified as the authority to which data subjects can lodge complaints. Therefore, criterion C is not relevant for identifying the lead supervisory authority of a controller.

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asked 22/11/2024
Arkadius Thoma
49 questions
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