CIPP-E · Question #252
Pursuant to the EDPB Guidelines 8/2022, all of the following criteria must be considered when identifying a lead supervisory authority of a controller EXCEPT?
The correct answer is C. Determining the supervisory authority according to what has been identified by the controller as. According to the EDPB Guidelines 8/2022, the lead supervisory authority of a controller is the supervisory authority of the main or single establishment of the controller in the EEA. The main establishment is the place where the controller has its place of central…
Question
Pursuant to the EDPB Guidelines 8/2022, all of the following criteria must be considered when identifying a lead supervisory authority of a controller EXCEPT?
Options
- ADetermining where the controller has its place of central administration in the EEA.
- BDetermining the supervisory authority where the place of central administration of the controller is
- CDetermining the supervisory authority according to what has been identified by the controller as
- DDetermining if decisions on the processing are taken in another establishment in the EEA, and if
How the community answered
(22 responses)- A14% (3)
- B9% (2)
- C50% (11)
- D27% (6)
Explanation
According to the EDPB Guidelines 8/2022, the lead supervisory authority of a controller is the supervisory authority of the main or single establishment of the controller in the EEA. The main establishment is the place where the controller has its place of central administration in the EEA, unless decisions on the purposes and means of the processing are taken in another establishment in the EEA, and that establishment has the power to implement those decisions. The controller must be able to demonstrate that such an establishment exists. The supervisory authority of the main establishment is the lead supervisory authority, regardless of what the controller has identified as the authority to which data subjects can lodge complaints. Therefore, criterion C is not relevant for identifying the lead supervisory authority of a controller.
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