QuestionQ249

Compliance with European Data Protection Law and Regulation

According to the European Data Protection Board, when a controller is not established in the EU but is nevertheless subject to the GDPR and becomes aware of a personal data breach, which supervisory authority or authorities must it notify?

  • A Only the supervisory authority of the EU member state in which the controller's EU representative (pursuant to Article 27) is established.
  • B Only one lead supervisory authority, as a controller benefits from the one-stop shop mechanism under the GDPR’s enforcement regime.
  • C Every supervisory authority of the EU member states where the controller is offering goods or services.
  • D Every supervisory authority for which affected data subjects reside in their EU member state.
Explanation

A controller without a main establishment in the EEA cannot rely on the one-stop-shop mechanism. Where notification is required, it must notify each supervisory authority for the EU Member State in which affected data subjects reside; an Article 27 representative does not establish a lead supervisory authority.

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