QuestionQ217

European Data Protection: Scope and Accountability

Which of the following is not necessarily a factor when determining whether processing could qualify as “cross-border processing”?

  • A The total number of the data subjects interested.
  • B The potential harm for the data subjects affected.
  • C The limitation of rights of the data subjects concerned.
  • D The exposure of the information of the data subjects involved.
Explanation

Cross-border processing can exist where processing substantially affects, or is likely to substantially affect, data subjects in more than one Member State. A substantial effect may arise even when only a small number of people are affected; the number of data subjects is therefore not necessarily determinative. Potential harm, restrictions on rights, and exposure of personal information can indicate the seriousness of the effect.

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