Which of the following would MOST likely trigger the extraterritorial effect of the GDPR, as specified by Article 3?
Which of the following would MOST likely trigger the extraterritorial effect of the GDPR, as specified by Article 3?
A . The behavior of suspected terrorists being monitored by EU law enforcement bodies.
B . Personal data of EU citizens being processed by a controller or processor based outside the E
D . The behavior of EU citizens outside the EU being monitored by non-EU law enforcement bodies.
E . Personal data of EU residents being processed by a non-EU business that targets EU customers.
Answer: D
Explanation:
Reference: https://hsfnotes.com/data/2019/12/02/edpb-adopts-final-guidelines-on-gdpr-extra-territoriality/
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Correct is E as firstly GDPR does not apply to LED activities and secondly E point has almost identical wording to Art. 3
I think the answer should be E. The GDPR does not refer specifically to EU citizens but should apply to all EU residents.