To which of the following parties does the territorial scope of the GDPR NOT apply?

Question

Options

• AAll member countries of the European Economic Area.
• BAll member countries party to the Treaty of Lisbon.
• CAll member countries party to the Paris Agreement.
• DAll member countries of the European Union.

• A
  3% (1)
• B
  8% (3)
• C
  85% (34)
• D
  5% (2)

Explanation

The territorial scope of the GDPR is determined by Article 3 of the Regulation, which sets out two main criteria for applying the GDPR to the processing of personal data: the establishment criterion and the targeting criterion. The establishment criterion 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. The targeting criterion applies to the processing of personal data of data subjects who are in the EU by a controller or processor not established in the EU, where the processing activities are related to the offering of goods or services to such data subjects in the EU or the monitoring of their behaviour as far as their behaviour takes place within the EU. In addition, the GDPR applies to the processing of personal data by a controller not established in the EU, but in a place where Member State law applies by virtue of public international law. Therefore, the territorial scope of the GDPR does not depend on the membership of a country to a particular international agreement or organisation, but on the location and activities of the controller or processor and the data subjects involved in the processing. The Paris Agreement is an international treaty on climate change that aims to limit global warming and reduce greenhouse gas emissions. It does not have any direct or indirect relevance to the GDPR or the protection of personal data. Hence, being a party to the Paris Agreement does not affect the applicability of the GDPR to a country or a controller or processor established in that country.

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