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Exam CIPP-E topic 1 question 235 discussion

Actual exam question from IAPP's CIPP-E
Question #: 235
Topic #: 1
[All CIPP-E Questions]

MagicClean is a web-based service located in the United States that matches home cleaning services to customers. It offers its services exclusively in the United States. It uses a processor located in France to optimize its data.

Is MagicClean subject to the GDPR?

  • A. Yes, because MagicClean is processing data in the EU.
  • B. Yes, because MagicClean's data processing agreement with the French processor is an establishment in the EU.
  • C. No, because MagicClean is located in the United States only.
  • D. No, because MagicClean is not offering services to EU data subjects.
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Suggested Answer: D 🗳️

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JacHa
4 days, 22 hours ago
Selected Answer: B
Article 3.1 The GDPR applies to the processing of personal data in the context of the activities of an establishment of a controller or a processor in the EU, regardless of whether the processing takes place in the EU or not. Article 3.2 is about offering goods etc. but not important because article 3.1 already applies.
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Ssourav
6 months ago
Selected Answer: D
No, because MagicClean is not offering services to EU data subjects. This is the correct answer. MagicClean offers its services exclusively in the United States and does not target or monitor data subjects in the EU.
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58ad832
9 months, 1 week ago
Should this be B
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