CIPP/E - Territorial and Material Scope of the
GDPR - Chapter 5 Questions and Answers
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Terms in this set (23)
The Regulation applies How is Territorial Scope applied in the Regulation?
Territorial Scope:
1) To EU established
organisations
2) on a long arm
extraterritorial basis to
organisations which offer
to sell goods or services
or who monitor individuals
in the EU.
Article 3(1) of the GDPR How is the concept of 'establishment' introduced in
provides that it: Article 3(1) of the Regulation?
applies to the processing
of personal data in the
context of the activities of
the establishment of a
controller or a processor
in the Union, regardless of
whether the processing
takes place in the Union or
not.
, There is no definition of What is the definition of establishment?
'establishment' in the
Regulation; however
Recital 22 gives the term a
broad meaning:
establishment implies the
effective and real exercise
of activity through stable
arrangements. The legal
form of such
arrangements, whether
through a branch or a
subsidiary with a legal
personality, is not the
determining factor in that
respect.
The test is met when there What is the test of 'in the context of activities' that
is an inextricable link would make the Regulation apply?
between the activities of
an EU establishment and
the processing of data
carried out by a non-EU
controller.
GDPR - Chapter 5 Questions and Answers
Save
Terms in this set (23)
The Regulation applies How is Territorial Scope applied in the Regulation?
Territorial Scope:
1) To EU established
organisations
2) on a long arm
extraterritorial basis to
organisations which offer
to sell goods or services
or who monitor individuals
in the EU.
Article 3(1) of the GDPR How is the concept of 'establishment' introduced in
provides that it: Article 3(1) of the Regulation?
applies to the processing
of personal data in the
context of the activities of
the establishment of a
controller or a processor
in the Union, regardless of
whether the processing
takes place in the Union or
not.
, There is no definition of What is the definition of establishment?
'establishment' in the
Regulation; however
Recital 22 gives the term a
broad meaning:
establishment implies the
effective and real exercise
of activity through stable
arrangements. The legal
form of such
arrangements, whether
through a branch or a
subsidiary with a legal
personality, is not the
determining factor in that
respect.
The test is met when there What is the test of 'in the context of activities' that
is an inextricable link would make the Regulation apply?
between the activities of
an EU establishment and
the processing of data
carried out by a non-EU
controller.
