CIPP/E: Certified Information Privacy Professional/EuropeDemo

By IAPP · Question Mode

QuestionQ300

European Data Protection: Scope and Accountability

If Who-R-U implements the We-Track-U pilot plan, why would it likely fall within the GDPR’s territorial scope?

  • A Its plan would be in the context of the establishment of a controller in the Union.
  • B It would be offering goods or services to data subjects in the Union.
  • C It is engaging in commercial activities conducted in the Union.
  • D It is monitoring the behavior of data subjects in the Union.
Explanation

Collecting location data through an app used by individuals while they are in the EU constitutes monitoring of their behaviour in the Union. Article 3(2)(b) of the GDPR applies this territorial-scope rule to a controller not established in the Union when processing is related to such monitoring.

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