[Jan 30, 2024] Valid CIPP-E Test Answers & IAPP CIPP-E Exam PDF [Q26-Q48]

[Jan 30, 2024] Valid CIPP-E Test Answers & IAPP CIPP-E Exam PDF

Realistic CIPP-E Exam Dumps with Accurate & Updated Questions

IAPP CIPP-E Certification Exam is a must-have certification for professionals who want to demonstrate their expertise in EU data protection laws and regulations. CIPP-E exam covers a wide range of topics and is ideal for privacy and security professionals, lawyers, and anyone else who is responsible for ensuring compliance with EU privacy laws. Passing the exam will validate your knowledge and demonstrate your commitment to protecting personal data in the EU.

IAPP CIPP-E (Certified Information Privacy Professional/Europe) certification exam is a globally recognized certification for professionals who work in the field of data privacy. Certified Information Privacy Professional/Europe (CIPP/E) certification is specifically designed for individuals who work in the European market, including data protection officers, data controllers, lawyers, consultants, and other professionals who handle personal data. The CIPP-E exam covers a range of topics related to data protection laws and regulations, including the EU General Data Protection Regulation (GDPR), the EU-US Privacy Shield, and other privacy frameworks.

 

NEW QUESTION # 26
SCENARIO
Please use the following to answer the next question:
You have just been hired by a toy manufacturer based in Hong Kong. The company sells a broad range of dolls, action figures and plush toys that can be found internationally in a wide variety of retail stores. Although the manufacturer has no offices outside Hong Kong and in fact does not employ any staff outside Hong Kong, it has entered into a number of local distribution contracts. The toys produced by the company can be found in all popular toy stores throughout Europe, the United States and Asia. A large portion of the company's revenue is due to international sales.
The company now wishes to launch a new range of connected toys, ones that can talk and interact with children. The CEO of the company is touting these toys as the next big thing, due to the increased possibilities offered: The figures can answer children's questions on various subjects, such as mathematical calculations or the weather. Each figure is equipped with a microphone and speaker and can connect to any smartphone or tablet via Bluetooth. Any mobile device within a 10-meter radius can connect to the toys via Bluetooth as well.
The figures can also be associated with other figures (from the same manufacturer) and interact with each other for an enhanced play experience.
When a child asks the toy a question, the request is sent to the cloud for analysis, and the answer is generated on cloud servers and sent back to the figure. The answer is given through the figure's integrated speakers, making it appear as though that the toy is actually responding to the child's question. The packaging of the toy does not provide technical details on how this works, nor does it mention that this feature requires an internet connection. The necessary data processing for this has been outsourced to a data center located in South Africa. However, your company has not yet revised its consumer-facing privacy policy to indicate this.
In parallel, the company is planning to introduce a new range of game systems through which consumers can play the characters they acquire in the course of playing the game. The system will come bundled with a portal that includes a Near-Field Communications (NFC) reader. This device will read an RFID tag in the action figure, making the figure come to life onscreen. Each character has its own stock features and abilities, but it is also possible to earn additional ones by accomplishing game goals. The only information stored in the tag relates to the figures' abilities. It is easy to switch characters during the game, and it is possible to bring the figure to locations outside of the home and have the character's abilities remain intact.
In light of the requirements of Article 32 of the GDPR (related to the Security of Processing), which practice should the company institute?

• A. Insert contractual clauses into the contract between the toy manufacturer and the cloud service provider, since South Africa is outside the European Union.
• B. Include dual-factor authentication before each use by a child in order to ensure a minimum amount of security.
• C. Include three-factor authentication before each use by a child in order to ensure the best level of security possible.
• D. Encrypt the data in transit over the wireless Bluetooth connection.

Answer: D

NEW QUESTION # 27
SCENARIO
Please use the following to answer the next question:
Javier is a member of the fitness club EVERFIT. This company has branches in many EU member states, but for the purposes of the GDPR maintains its primary establishment in France. Javier lives in Newry, Northern Ireland (part of the U.K.), and commutes across the border to work in Dundalk, Ireland. Two years ago while on a business trip, Javier was photographed while working out at a branch of EVERFIT in Frankfurt, Germany. At the time, Javier gave his consent to being included in the photograph, since he was told that it would be used for promotional purposes only. Since then, the photograph has been used in the club's U.K. brochures, and it features in the landing page of its U.K. website. However, the fitness club has recently fallen into disrepute due to widespread mistreatment of members at various branches of the club in several EU member states. As a result, Javier no longer feels comfortable with his photograph being publicly associated with the fitness club.
After numerous failed attempts to book an appointment with the manager of the local branch to discuss this matter, Javier sends a letter to EVETFIT requesting that his image be removed from the website and all promotional materials. Months pass and Javier, having received no acknowledgment of his request, becomes very anxious about this matter. After repeatedly failing to contact EVETFIT through alternate channels, he decides to take action against the company.
Javier contacts the U.K. Information Commissioner's Office ('ICO' - the U.K.'s supervisory authority) to lodge a complaint about this matter. The ICO, pursuant to Article 56 (3) of the GDPR, informs the CNIL (i.e. the supervisory authority of EVERFIT's main establishment) about this matter. Despite the fact that EVERFIT has an establishment in the U.K., the CNIL decides to handle the case in accordance with Article 60 of the GDPR.
The CNIL liaises with the ICO, as relevant under the cooperation procedure. In light of issues amongst the supervisory authorities to reach a decision, the European Data Protection Board becomes involved and, pursuant to the consistency mechanism, issues a binding decision.
Additionally, Javier sues EVERFIT for the damages caused as a result of its failure to honor his request to have his photograph removed from the brochure and website.
Assuming that multiple EVETFIT branches across several EU countries are acting as separate data controllers, and that each of those branches were responsible for mishandling Javier's request, how may Javier proceed in order to seek compensation?

• A. He will be able to apply to the European Data Protection Board in order to determine which particular EVETFIT branch is liable for damages, based on the decision that was made by the board.
• B. He will be able to sue any one of the relevant EVETFIT branches, as each one may be held liable for the entire damage.
• C. He will have to sue each EVETFIT branch so that each branch provides proportionate compensation commensurate with its contribution to the damage or distress suffered by Javier.
• D. He will have to sue the EVETFIT's head office in France, where EVETFIT has its main establishment.

Answer: D

NEW QUESTION # 28
Please use the following to answer the next question:
ProStorage is a multinational cloud storage provider headquartered in the Netherlands. Its CEO. Ruth Brown, has developed a two-pronged strategy for growth: 1) expand ProStorage s global customer base and 2) increase ProStorage's sales force by efficiently onboarding effective teams. Enacting this strategy has recently been complicated by Ruth's health condition, which has limited her working hours, as well as her ability to travel to meet potential customers. ProStorage's Human Resources department and Ruth's Chief of Staff now work together to manage her schedule and ensure that she is able to make all her medical appointments The latter has become especially crucial after Ruth's last trip to India, where she suffered a medical emergency and was hospitalized m New Delhi Unable to reach Ruths family, the hospital reached out to ProStorage and was able to connect with her Chief of Staff, who in coordination with Mary, the head of HR. provided information to the doctors based on accommodate on requests Ruth made when she started a: ProStorage What transfer mechanism should Jackie recommend for using InstaHR?

• A. Explicit consent of employees.
• B. Adequacy
• C. Binding corporate rules.
• D. Standard contractual clauses

Answer: A

NEW QUESTION # 29
What permissions are required for a marketer to send an email marketing message to a consumer in the EU?

• A. No prior permission required, but an opt-out requirement on all emails sent to consumers.
• B. A pre-checked box stating that the consumer agrees to receive email marketing.
• C. A notice that the consumer's email address will be used for marketing purposes.
• D. A prior opt-in consent for consumers unless they are already customers.

Answer: D

Explanation:
Explanation/Reference: https://www.forbes.com/sites/forbescommunicationscouncil/2018/06/27/what-gdpr-means-for- email-marketing-to-eu-customers/#64020aa8374a

NEW QUESTION # 30
SCENARIO
Please use the following to answer the next question:
Joe started the Gummy Bear Company in 2000 from his home in Vermont, USA. Today, it is a multi-billion-dollar candy company operating in every continent. All of the company's IT servers are located in Vermont. This year Joe hires his son Ben to join the company and head up Project Big, which is a major marketing strategy to triple gross revenue in just 5 years. Ben graduated with a PhD in computer software from a top university. Ben decided to join his father's company, but is also secretly working on launching a new global online dating website company called Ben Knows Best.
Ben is aware that the Gummy Bear Company has millions of customers and believes that many of them might also be interested in finding their perfect match. For Project Big, Ben redesigns the company's online web portal and requires customers in the European Union and elsewhere to provide additional personal information in order to remain a customer. Project Ben begins collecting data about customers' philosophical beliefs, political opinions and marital status.
If a customer identifies as single, Ben then copies all of that customer's personal data onto a separate database for Ben Knows Best. Ben believes that he is not doing anything wrong, because he explicitly asks each customer to give their consent by requiring them to check a box before accepting their information. As Project Big is an important project, the company also hires a first year college student named Sam, who is studying computer science to help Ben out.
Ben calls out and Sam comes across the Ben Knows Best database. Sam is planning on going to Ireland over Spring Beak with 10 of his friends, so he copies all of the customer information of people that reside in Ireland so that he and his friends can contact people when they are in Ireland.
Joe also hires his best friend's daughter, Alice, who just graduated from law school in the U.S., to be the company's new General Counsel. Alice has heard about the GDPR, so she does some research on it. Alice approaches Joe and informs him that she has drafted up Binding Corporate Rules for everyone in the company to follow, as it is important for the company to have in place a legal mechanism to transfer data internally from the company's operations in the European Union to the U.S.
Joe believes that Alice is doing a great job, and informs her that she will also be in-charge of handling a major lawsuit that has been brought against the company in federal court in the U.S. To prepare for the lawsuit, Alice instructs the company's IT department to make copies of the computer hard drives from the entire global sales team, including the European Union, and send everything to her so that she can review everyone's information. Alice believes that Joe will be happy that she did the first level review, as it will save the company a lot of money that would otherwise be paid to its outside law firm.
The data transfer mechanism that Alice drafted violates the GDPR because the company did not first get approval from?

• A. The European Data Protection Board.
• B. The European Commission.
• C. The Data Protection Authority.
• D. The Court of Justice of the European Union.

Answer: C

Explanation:
Binding Corporate Rules (BCRs) are a data transfer mechanism under the GDPR that allow multinational companies to transfer personal data within their group entities outside the EU, provided that they comply with the data protection principles and rights of the GDPR. BCRs are internal codes of conduct that must be legally binding and enforced by every member of the group.
According to Article 47 of the GDPR, BCRs must be approved by the competent Data Protection Authority (DPA) in the EU, following the consistency mechanism set out in Article 63 of the GDPR. This means that the DPA that receives the application for approval of the BCRs must communicate its draft decision to the European Data Protection Board (EDPB), which will issue its opinion on the BCRs. The EDPB is an independent body composed of representatives of the national DPAs and the European Data Protection Supervisor. The EDPB ensures the consistent application of the GDPR across the EU and issues guidelines, recommendations, and best practices on various aspects of the GDPR.
Therefore, the data transfer mechanism that Alice drafted violates the GDPR because the company did not first get approval from the Data Protection Authority, which is the supervisory authority responsible for authorising and monitoring the BCRs. The company cannot rely on the BCRs as a valid legal basis for transferring personal data from the EU to the US without the DPA's approval.
The other options are not correct, as they are not the authorities that approve the BCRs under the GDPR. The Court of Justice of the European Union (CJEU) is the judicial body of the EU that interprets and applies EU law and ensures its uniformity across the EU. The CJEU does not approve the BCRs, but it may rule on the validity or interpretation of the GDPR or other EU laws that affect data protection. The European Data Protection Board (EDPB) is an independent body that ensures the consistent application of the GDPR and issues opinions on the BCRs, but it does not approve them. The EDPB's opinions are not binding, but they must be taken into account by the DPAs. The European Commission is the executive branch of the EU that proposes and implements EU laws and policies. The European Commission does not approve the BCRs, but it may adopt adequacy decisions that recognise that a third country or an international organisation ensures an adequate level of data protection, which is another data transfer mechanism under the GDPR.
Reference:
GDPR
Binding Corporate Rules (BCR)
Binding Corporate Rules - PwC
Binding Corporate Rules - GDPR Summary
A Guide for Binding Corporate Rules - Hunton Andrews Kurth
Personal data transfers: binding corporate rules (BCRs) under the GDPR

NEW QUESTION # 31
What is the consequence if a processor makes an independent decision regarding the purposes and means of processing it carries out on behalf of a controller?

• A. The processor will be liable to pay compensation to affected data subjects
• B. The processor will be considered to be a controller in respect of the processing concerned
• C. The controller will be required to demonstrate that the unauthorized processing negatively affected one or more of the parties involved
• D. The controller will be liable to pay an administrative fine

Answer: A

Explanation:
Reference https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection- regulation-gdpr/key-definitions/controllers-and-processors/

NEW QUESTION # 32
According to the GDPR, what is the main task of a Data Protection Officer (DPO)?

• A. To conduct Privacy Impact Assessments on behalf of the controller or processor.
• B. To monitor compliance with other local or European data protection provisions.
• C. To create and maintain records of processing activities.
• D. To create procedures for notification of personal data breaches to competent supervisory authorities.

Answer: A

Explanation:
According to Article 35 of the GDPR, the controller must carry out a data protection impact assessment (DPIA) prior to processing that is likely to result in a high risk to the rights and freedoms of natural persons. The DPIA is a process for assessing and mitigating the potential impact of the processing on the protection of personal data. The controller must seek the advice of the DPO, where designated, when carrying out a DPIA. The DPO can assist the controller in conducting the DPIA and ensuring its compliance with the GDPR requirements. The DPO can also monitor the performance of the DPIA and act as a contact point for the supervisory authority and the data subjects. Reference:
Article 35 of the GDPR
European Data Protection Law & Practice textbook, Chapter 7: Data Protection Impact Assessment, Section 7.2: When is a DPIA required?, Subsection 7.2.1: The role of the DPO Roles and Responsibilities of a Data Protection Officer

NEW QUESTION # 33
SCENARIO
Please use the following to answer the next question:
You have just been hired by a toy manufacturer based in Hong Kong. The company sells a broad range of dolls, action figures and plush toys that can be found internationally in a wide variety of retail stores. Although the manufacturer has no offices outside Hong Kong and in fact does not employ any staff outside Hong Kong, it has entered into a number of local distribution contracts. The toys produced by the company can be found in all popular toy stores throughout Europe, the United States and Asia. A large portion of the company's revenue is due to international sales.
The company now wishes to launch a new range of connected toys, ones that can talk and interact with children. The CEO of the company is touting these toys as the next big thing, due to the increased possibilities offered: The figures can answer children's questions on various subjects, such as mathematical calculations or the weather. Each figure is equipped with a microphone and speaker and can connect to any smartphone or tablet via Bluetooth. Any mobile device within a 10-meter radius can connect to the toys via Bluetooth as well. The figures can also be associated with other figures (from the same manufacturer) and interact with each other for an enhanced play experience.
When a child asks the toy a question, the request is sent to the cloud for analysis, and the answer is generated on cloud servers and sent back to the figure. The answer is given through the figure's integrated speakers, making it appear as though that the toy is actually responding to the child's question. The packaging of the toy does not provide technical details on how this works, nor does it mention that this feature requires an internet connection. The necessary data processing for this has been outsourced to a data center located in South Africa. However, your company has not yet revised its consumer-facing privacy policy to indicate this.
In parallel, the company is planning to introduce a new range of game systems through which consumers can play the characters they acquire in the course of playing the game. The system will come bundled with a portal that includes a Near-Field Communications (NFC) reader. This device will read an RFID tag in the action figure, making the figure come to life onscreen. Each character has its own stock features and abilities, but it is also possible to earn additional ones by accomplishing game goals. The only information stored in the tag relates to the figures' abilities. It is easy to switch characters during the game, and it is possible to bring the figure to locations outside of the home and have the character's abilities remain intact.
What presents the BIGGEST potential privacy issue with the company's practices?

• A. The information about the data processing involved has not been specified
• B. The NFC portal can read any data stored in the action figures
• C. The cloud service provider is in a country that has not been deemed adequate
• D. The RFID tag in the action figures has the potential for misuse because of the toy's evolving capabilities

Answer: A

NEW QUESTION # 34
SCENARIO
Please use the following to answer the next question:
Louis, a long-time customer of Bedrock Insurance, was involved in a minor car accident a few months ago.
Although no one was hurt, Louis has been plagued by texts and calls from a company called Accidentable offering to help him recover compensation for personal injury. Louis has heard about insurance companies selling customers' data to third parties, and he's convinced that Accidentable must have gotten his information from Bedrock Insurance.
Louis has also been receiving an increased amount of marketing information from Bedrock, trying to sell him their full range of their insurance policies.
Perturbed by this, Louis has started looking at price comparison sites on the internet and has been shocked to find that other insurers offer much cheaper rates than Bedrock, even though he has been a loyal customer for many years. When his Bedrock policy comes up for renewal, he decides to switch to Zantrum Insurance.
In order to activate his new insurance policy, Louis needs to supply Zantrum with information about his No Claims bonus, his vehicle and his driving history. After researching his rights under the GDPR, he writes to ask Bedrock to transfer his information directly to Zantrum. He also takes this opportunity to ask Bedrock to stop using his personal data for marketing purposes.
Bedrock supplies Louis with a PDF and XML (Extensible Markup Language) versions of his No Claims Certificate, but tells Louis it cannot transfer his data directly to Zantrum as this is not technically feasible.
Bedrock also explains that Louis's contract included a provision whereby Louis agreed that his data could be used for marketing purposes; according to Bedrock, it is too late for Louis to change his mind about this. It angers Louis when he recalls the wording of the contract, which was filled with legal jargon and very confusing.
In the meantime, Louis is still receiving unwanted calls from Accidentable Insurance. He writes to Accidentable to ask for the name of the organization that supplied his details to them. He warns Accidentable that he plans to complain to the data protection authority, because he thinks their company has been using his data unlawfully. His letter states that he does not want his data being used by them in any way.
Accidentable's response letter confirms Louis's suspicions. Accidentable is Bedrock Insurance's wholly owned subsidiary, and they received information about Louis's accident from Bedrock shortly after Louis submitted his accident claim. Accidentable assures Louis that there has been no breach of the GDPR, as Louis's contract included, a provision in which he agreed to share his information with Bedrock's affiliates for business purposes.
Louis is disgusted by the way in which he has been treated by Bedrock, and writes to them insisting that all his information be erased from their computer system.
After Louis has exercised his right to restrict the use of his data, under what conditions would Accidentable have grounds for refusing to comply?

• A. If the accuracy of the data is not an aspect that Louis is disputing.
• B. If Accidentable is entitled to use of the data as an affiliate of Bedrock.
• C. If Accidentable also uses the data to conduct public health research.
• D. If the data becomes necessary to defend Accidentable's legal rights.

Answer: B

Explanation:
Explanation/Reference:

NEW QUESTION # 35
What is true of both the General Data Protection Regulation (GDPR) and the Council of Europe Convention 108?

• A. Both only apply to European Union countries
• B. Both require notification of processing activities to a supervisory authority
• C. Both govern international transfers of personal data
• D. Both govern the manual processing of personal data

Answer: B

NEW QUESTION # 36
When does the GDPR provide more latitude for a company to process data beyond its original collection purpose?

• A. When the data has been pseudonymized.
• B. When the data subject has failed to use a provided opt-out mechanism.
  Section: (none)
  Explanation
• C. When the data serves legitimate interest of third parties.
• D. When the data is protected by technological safeguards.

Answer: C

NEW QUESTION # 37
Why is advisable to avoid consent as a legal basis for an employer to process employee data?

• A. Employee data can only be processed if there is an approval from the data protection officer.
• B. Data protection laws do not apply to processing of employee data.
• C. An employer might have difficulty obtaining consent from every employee.
• D. Consent may not be valid if the employee feels compelled to provide it.

Answer: D

Explanation:
According to the GDPR, consent must be freely given, specific, informed and unambiguous1. However, in the context of employment, there is often an imbalance of power between the employer and the employee, which may affect the validity of consent. The employee may feel pressured or coerced to give consent, or may not be able to withdraw it without negative consequences. Therefore, consent is not a reliable or appropriate legal basis for processing employee data in most cases23. The employer should consider other lawful bases, such as contractual necessity, legal obligation, legitimate interests or specific conditions for special category data45. Reference: 1 Art. 4 (11) GDPR - Definitions - General Data Protection Regulation (GDPR)2 Can my employer require me to give my consent to use my personal data? | European Commission. 3 When is consent appropriate? | ICO. 4 Art. 6 (1) GDPR - Lawfulness of processing - General Data Protection Regulation (GDPR)5 Art. 9 (2) GDPR - Processing of special categories of personal data - General Data Protection Regulation (GDPR).

NEW QUESTION # 38
SCENARIO
Please use the following to answer the next question:
Due to rapidly expanding workforce, Company A has decided to outsource its payroll function to Company B.
Company B is an established payroll service provider with a sizable client base and a solid reputation in the industry.
Company B's payroll solution for Company A relies on the collection of time and attendance data obtained via a biometric entry system installed in each of Company A's factories. Company B won't hold any biometric data itself, but the related data will be uploaded to Company B's UK servers and used to provide the payroll service. Company B's live systems will contain the following information for each of Company A's employees:
* Name
* Address
* Date of Birth
* Payroll number
* National Insurance number
* Sick pay entitlement
* Maternity/paternity pay entitlement
* Holiday entitlement
* Pension and benefits contributions
* Trade union contributions
Jenny is the compliance officer at Company A.
She first considers whether Company A needs to carry out a data protection impact assessment in relation to the new time and attendance system, but isn't sure whether or not this is required.
Jenny does know, however, that under the GDPR there must be a formal written agreement requiring Company B to use the time and attendance data only for the purpose of providing the payroll service, and to apply appropriate technical and organizational security measures for safeguarding the data. Jenny suggests that Company B obtain advice from its data protection officer. The company doesn't have a DPO but agrees, in the interest of finalizing the contract, to sign up for the provisions in full. Company A enters into the contract.
Weeks later, while still under contract with Company A, Company B embarks upon a separate project meant to enhance the functionality of its payroll service, and engages Company C to help. Company C agrees to extract all personal data from Company B's live systems in order to create a new database for Company B.
This database will be stored in a test environment hosted on Company C's U.S. server. The two companies agree not to include any data processing provisions in their services agreement, as data is only being used for IT testing purposes.
Unfortunately, Company C's U.S. server is only protected by an outdated IT security system, and suffers a cyber security incident soon after Company C begins work on the project. As a result, data relating to Company A's employees is visible to anyone visiting Company C's website. Company A is unaware of this until Jenny receives a letter from the supervisory authority in connection with the investigation that ensues. As soon as Jenny is made aware of the breach, she notifies all affected employees.
Under the GDPR, which of Company B's actions would NOT be likely to trigger a potential enforcement action?

• A. Their engagement of Company C to improve their payroll service.
• B. Their decision to operate without a data protection officer.
• C. Their failure to provide sufficient security safeguards to Company A's data.
• D. Their omission of data protection provisions in their contract with Company C.

Answer: A

NEW QUESTION # 39
Which area of privacy is a lead supervisory authority's (LSA) MAIN concern?

• A. Special categories of data
• B. Data subject rights
• C. Data access disputes
• D. Cross-border processing

Answer: D

Explanation:
A lead supervisory authority (LSA) is the main point of contact for organisations that process personal data across multiple EU member states. The LSA is responsible for coordinating cross-border investigations, issuing binding decisions, and enforcing GDPR compliance1. Cross-border processing is the main concern of the LSA, as it involves data processing activities that affect data subjects in more than one member state, or that take place in more than one member state2. The other options are not the main concern of the LSA, as they are either covered by the national supervisory authorities of each member state, or are not specific to cross-border processing. Reference: Is it possible to choose your lead supervisory authority under the GDPR?, Art. 56 GDPR - Competence of the lead supervisory authority, Navigating GDPR Compliance with a Lead Supervisory Authority, Guidelines 8/2022 on identifying a controller or processor's lead supervisory authority

NEW QUESTION # 40
When hiring a data processor, which action would a data controller NOT be able to depend upon to avoid liability in the event of a security breach?

• A. Conducting a risk assessment to analyze possible outsourcing threats.
• B. Maintaining evidence that the processor was the best possible market choice available.
• C. Documenting due diligence steps taken in the pre-contractual stage.
• D. Requiring that the processor directly notify the appropriate supervisory authority.

Answer: C

NEW QUESTION # 41
Which of the following is NOT a role of works councils?

• A. Determining what changes will affect employee working conditions.
• B. Determining whether employees' personal data can be processed or not.
• C. Determining the monetary fines to be levied against employers for data breach violations of employee data.
• D. Determining whether to approve or reject certain decisions of the employer that affect employees.

Answer: B

NEW QUESTION # 42
SCENARIO
Please use the following to answer the next question:
Javier is a member of the fitness club EVERFIT. This company has branches in many EU member states, but for the purposes of the GDPR maintains its primary establishment in France. Javier lives in Newry, Northern Ireland (part of the U.K.), and commutes across the border to work in Dundalk, Ireland. Two years ago while on a business trip, Javier was photographed while working out at a branch of EVERFIT in Frankfurt, Germany. At the time, Javier gave his consent to being included in the photograph, since he was told that it would be used for promotional purposes only. Since then, the photograph has been used in the club's U.K. brochures, and it features in the landing page of its U.K. website. However, the fitness club has recently fallen into disrepute due to widespread mistreatment of members at various branches of the club in several EU member states. As a result, Javier no longer feels comfortable with his photograph being publicly associated with the fitness club.
After numerous failed attempts to book an appointment with the manager of the local branch to discuss this matter, Javier sends a letter to EVETFIT requesting that his image be removed from the website and all promotional materials. Months pass and Javier, having received no acknowledgment of his request, becomes very anxious about this matter. After repeatedly failing to contact EVETFIT through alternate channels, he decides to take action against the company.
Javier contacts the U.K. Information Commissioner's Office ('ICO' - the U.K.'s supervisory authority) to lodge a complaint about this matter. The ICO, pursuant to Article 56 (3) of the GDPR, informs the CNIL (i.e. the supervisory authority of EVERFIT's main establishment) about this matter. Despite the fact that EVERFIT has an establishment in the U.K., the CNIL decides to handle the case in accordance with Article 60 of the GDPR. The CNIL liaises with the ICO, as relevant under the cooperation procedure. In light of issues amongst the supervisory authorities to reach a decision, the European Data Protection Board becomes involved and, pursuant to the consistency mechanism, issues a binding decision.
Additionally, Javier sues EVERFIT for the damages caused as a result of its failure to honor his request to have his photograph removed from the brochure and website.
Assuming that multiple EVETFIT branches across several EU countries are acting as separate data controllers, and that each of those branches were responsible for mishandling Javier's request, how may Javier proceed in order to seek compensation?

• A. He will be able to apply to the European Data Protection Board in order to determine which particular EVETFIT branch is liable for damages, based on the decision that was made by the board.
• B. He will be able to sue any one of the relevant EVETFIT branches, as each one may be held liable for the entire damage.
• C. He will have to sue each EVETFIT branch so that each branch provides proportionate compensation commensurate with its contribution to the damage or distress suffered by Javier.
• D. He will have to sue the EVETFIT's head office in France, where EVETFIT has its main establishment.

Answer: D

NEW QUESTION # 43
After leaving the EU under the terms of Brexit, the United Kingdom will seek an adequacy determination. What is the reason for this?

• A. Adequacy determinations automatically lapse when a Member State leaves the EU.
• B. The UK is now a third country because it's no longer subject to the GDPR.
• C. The UK is less trustworthy now that its not part of the Union.
• D. The Insurance Commissioner determined that an adequacy determination is required by the Data Protection Act.

Answer: B

Explanation:
Reference https://www.euractiv.com/section/digital/news/commission-must-refuse-uk-data-adequacy-rights- group-says/

NEW QUESTION # 44
Article 29 Working Party has emphasized that the GDPR forbids "forum shopping", which occurs when companies do what?

• A. File appeals of infringement judgments with more than one EU institution simultaneously.
• B. Choose the data protection officer that is most sympathetic to their business concerns.
• C. Select third-party processors on the basis of cost rather than quality of privacy protection.
• D. Designate their main establishment in member state with the most flexible practices.

Answer: D

NEW QUESTION # 45
What term BEST describes the European model for data protection?

• A. Self-regulatory
• B. Market-based
• C. Comprehensive
• D. Sectoral

Answer: D

Explanation:
Explanation/Reference: https://ec.europa.eu/info/sites/info/files/communication-european-strategy-data-19feb2020_en.pdf

NEW QUESTION # 46
A multinational company is appointing a mandatory data protection officer. In addition to considering the rules set out in Article 37 (1) of the GDPR, which of the following actions must the company also undertake to ensure compliance in all EU jurisdictions in which it operates?

• A. Consult national derogations to evaluate if there are additional cases to be considered in relation to the matter.
• B. Conduct a Data Protection Privacy Assessment on the processing operations of the company in all the countries it operates.
• C. Assess whether the company has more than 250 employees in each of the EU member-states in which it is established.
• D. Revise the data processing activities of the company that affect more than one jurisdiction to evaluate whether they comply with the principles of privacy by design and by default.

Answer: A

Explanation:
A multinational company that is appointing a mandatory data protection officer (DPO) must also consult national derogations to evaluate if there are additional cases to be considered in relation to the matter. According to Article 37 (1) of the GDPR, a DPO must be designated by the controller or the processor in any case where: (a) the processing is carried out by a public authority or body, except for courts acting in their judicial capacity; (b) the core activities of the controller or the processor consist of processing operations which, by virtue of their nature, their scope and/or their purposes, require regular and systematic monitoring of data subjects on a large scale; or the core activities of the controller or the processor consist of processing on a large scale of special categories of data or personal data relating to criminal convictions and offences 1. However, Article 37 (4) of the GDPR also allows Member States to provide for additional cases where a DPO must be designated by law 1. Therefore, a multinational company must consult the national laws of the EU jurisdictions in which it operates to ensure that it complies with any additional requirements for appointing a DPO.
The other options are not correct because they are not directly related to the appointment of a DPO. Conducting a Data Protection Privacy Assessment, assessing the number of employees, and revising the data processing activities are all good practices for ensuring compliance with the GDPR, but they are not mandatory actions for designating a DPO. Moreover, the number of employees is not a relevant criterion for appointing a DPO, as the GDPR does not set any threshold based on the size of the organization 2. Reference: 1: Article 37 of the GDPR 2: Guidelines on Data Protection Officers ('DPOs')

NEW QUESTION # 47
SCENARIO
Please use the following to answer the next question:
Anna and Frank both work at Granchester University. Anna is a lawyer responsible for data protection, while Frank is a lecturer in the engineering department. The University maintains a number of types of records:
Student records, including names, student numbers, home addresses, pre-university information, university attendance and performance records, details of special educational needs and financial information.
Staff records, including autobiographical materials (such as curricula, professional contact files, student evaluations and other relevant teaching files).
Alumni records, including birthplaces, years of birth, dates of matriculation and conferrals of degrees. These records are available to former students after registering through Granchester's Alumni portal. Department for Education records, showing how certain demographic groups (such as first-generation students) could be expected, on average, to progress. These records do not contain names or identification numbers.
Under their security policy, the University encrypts all of its personal data records in transit and at rest.
In order to improve his teaching, Frank wants to investigate how his engineering students perform in relational to Department for Education expectations. He has attended one of Anna's data protection training courses and knows that he should use no more personal data than necessary to accomplish his goal. He creates a program that will only export some student data: previous schools attended, grades originally obtained, grades currently obtained and first time university attended. He wants to keep the records at the individual student level. Mindful of Anna's training, Frank runs the student numbers through an algorithm to transform them into different reference numbers. He uses the same algorithm on each occasion so that he can update each record over time.
One of Anna's tasks is to complete the record of processing activities, as required by the GDPR.
After receiving her email reminder, as required by the GDPR. After receiving her email reminder, Frank informs Anna about his performance database.
Ann explains to Frank that, as well as minimizing personal data, the University has to check that this new use of existing data is permissible. She also suspects that, under the GDPR, a risk analysis may have to be carried out before the data processing can take place. Anna arranges to discuss this further with Frank after she has done some additional research.
Frank wants to be able to work on his analysis in his spare time, so he transfers it to his home laptop (which is not encrypted). Unfortunately, when Frank takes the laptop into the University he loses it on the train. Frank has to see Anna that day to discuss compatible processing. He knows that he needs to report security incidents, so he decides to tell Anna about his lost laptop at the same time.
Anna will find that a risk analysis is NOT necessary in this situation as long as?

• A. The data subjects gave their unambiguous consent for the original processing
• B. The algorithms that Frank uses for the processing are technologically sound
• C. The data subjects are no longer current students of Frank's
• D. The processing will not negatively affect the rights of the data subjects

Answer: A

NEW QUESTION # 48
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The CIPP/E certification exam covers the principles of the General Data Protection Regulation (GDPR), the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks, as well as other international data protection laws and frameworks. CIPP-E exam consists of 90 multiple-choice questions that must be completed within two and a half hours. Passing the exam requires a score of 300 out of 500 points. A CIPP/E certification is valid for two years, and re-certification is required every two years to maintain the credential.

 

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