CIPP/E: Certified Information Privacy Professional/EuropeDemo

By IAPP · Question Mode

QuestionQ213

European Data Protection: Scope and Accountability

Should Jane change the mandatory waiver of GDPR rights for non-European residents?

  • A Yes, the waiver must not apply to any residents of countries with an adequacy decision from the EC.
  • B Yes, this clause must be entirely removed as all customers, regardless of residence or nationality, shall enjoy the same individual rights granted under GDPR.
  • C No, the non-EU residents are not protected by GDPR unless they are physically located in the EU.
  • D No, but all non-EU residents must manually sign a separate waiver to ensure its lawfulness and enforceability under GDPR.
Explanation

GDPR applies to processing carried out in the context of the activities of a controller established in the EU, regardless of the data subject’s nationality or residence. An EU-established controller must facilitate the applicable data-subject rights and cannot require customers outside Europe to waive them as a condition for opening an account.

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