According to guidance from the European Data Protection Board, in which of the following cases would a controller established outside of the EU not be subject to the GDPR?
A.
If the controller monitors the behavior of persons on the territory of the Republic of Switzerland.
B.
If the controller has a fully-owned branch office in the EU overseeing all its European operations, including marketing and advertising.
C.
If the controller has its some of its offices and servers based in the EU without having a legal branch or subsidiary in any EU Member State.
D.
If the controller uses the services of an EU-based processor without offering goods or services to persons on EU territory or monitoring their behavior.
D. If the controller uses the services of an EU-based processor without offering goods or services to persons on EU territory or monitoring their behavior.
Scenario A involves monitoring behavior outside of the EU, which does not fall under the GDPR's territorial scope. Scenario D correctly identifies a situation where the GDPR does not apply, making it the appropriate choice.
Switzerland is not part of the EU so behavior monitoring of people in Switzerland may only violate local Swiss law but not GDPR
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