Certified Information Privacy Professional – Europe (CIPP/E) — Question 110

MagicClean is a web-based service located in the United States that matches home cleaning services to customers. It offers its services exclusively in the United States. It uses a processor located in France to optimize its data.

Is MagicClean subject to the GDPR?

Answer options

• A. Yes, because MagicClean is processing data in the EU.
• B. Yes, because MagicClean's data processing agreement with the French processor is an establishment in the EU.
• C. No, because MagicClean is located in the United States only.
• D. No, because MagicClean is not offering services to EU data subjects.

Correct answer: D

Explanation

The correct answer is D because MagicClean only offers services in the United States and does not target EU data subjects, which means it is not subject to GDPR. Option A is incorrect because processing data in the EU does not automatically trigger GDPR compliance for a company that doesn't serve EU customers. Option B is wrong as the existence of a processing agreement does not establish jurisdiction under GDPR. Option C is partially correct but does not address the key issue of service provision to EU data subjects.