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CIPP-E · Question #99

CIPP-E Question #99: Real Exam Question with Answer & Explanation

The correct answer is D. Inextricably linked in their businesses.. According to the CIPP/E study guide, the Court of Justice of the European Union (CJEU) ruled in the case of Google Spain SL, Google Inc. v Agencia Espa駉la de Protecci髇 de Datos (AEPD), Mario Costeja Gonz醠ez1 that an Internet search engine operator is responsible for the processin

Question

As a result of the European Court of Justice's ruling in the case of Google v. Spain, search engines outside the EEA are also likely to be subject to the Regulation's right to be forgotten. This holds true if the activities of an EU subsidiary and its U.S. parent are what?

Options

  • ASupervised by the same Data Protection Officer.
  • BConsistent with Privacy Shield requirements
  • CBound by a standard contractual clause.
  • DInextricably linked in their businesses.

Explanation

According to the CIPP/E study guide, the Court of Justice of the European Union (CJEU) ruled in the case of Google Spain SL, Google Inc. v Agencia Espa駉la de Protecci髇 de Datos (AEPD), Mario Costeja Gonz醠ez1 that an Internet search engine operator is responsible for the processing of personal data that appear on web pages published by third parties, and that such operator must comply with the EU data protection law when it has an establishment in the EU. The CJEU held that Google Spain and Google Inc. were inextricably linked in their businesses, since Google Spain promoted and sold advertising space offered by Google Inc., which oriented its activity towards the inhabitants of Spain. Therefore, Google Inc. was subject to the EU data protection law through its subsidiary Google Spain, even though the personal data processing was carried out by Google Inc. outside the EU. This implies that search engines outside the EEA are also likely to be subject to the Regulation's right to be forgotten if they have an establishment in the EU that is inextricably linked to their parent company.

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