Exam CIPP-E topic 1 question 198 discussion

Wrong again....... Should be C. This is taken from textbook.

Nasty question because even if the controller decided to move out of the EU then the GDPR would, with the processor in Spain, still apply according to article 3.

Based on 3 (1) GDPR, the answers B and C are correct; if either the controller or the processor is based in the EU, the GDPR is applicable

Based on 3 (1) GDPR, the answers B and C are correct; if either the controller or the processor is based in the EU, the GDPR is applicable

In the scenario where a French controller has a car-sharing app available only in Morocco, Algeria, and Tunisia, but the data processing activities are carried out by the appointed processor in Spain, the GDPR will apply based on the territorial scope outlined in Article 3 of the GDPR. Processing within the EU (Article 3(1)): As long as the data processing activities are conducted within the EU (Spain in this case), the GDPR applies to those activities, irrespective of where the data subjects (individuals using the app) are located.

C- As per Article 3(1), the processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union triggers the application of the GDPR and the related obligations for the data controller or processor concerned. Also this is identical question as provided in the example 4 of Guidelines on the territorial scope.

The answer should be B as it is asking about the data processing activity.