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The content of the CIPP/E certification exam revolves around three major subject areas, including the following:
This area includes 9-18 exam questions. This topic unites the aspects, such as employment relations (storage of personnel records, whistleblowing systems, workplace monitoring & data loss prevention, EU Works councils, Bring Your Own Device (BYOD) programs); surveillance activities (interception of communications, surveillance by public authorities, closed-circuit television (CCTV), facial/biometrics recognition, geolocation); direct marketing (direct marketing, telemarketing, as well as online behavioural targeting); Internet technologies & communications (web cookies, search engine marketing (SEM), Artificial Intelligence (AI), cloud computing, social networking services).
This objective covers from 42 to 69 exam questions. Here the students should demonstrate that they have a good understanding of data protection principles (personal data as well as sensitive personal data, anonymous & pseudonymous data, controller, processing, processor, data subject); territorial & material GDPR scope (establishment as well as non-establishment in the EU); data processing concepts (purpose limitation, fairness & lawfulness, storage limitation/retention, accuracy, proportionality, integrity & confidentiality); lawful processing criteria (contractual necessity, consent, legitimate interests, vital interests as well as public interest, legal obligation, special categories of processing); information provision obligations (privacy notices, transparency principle, layered notices).
Additionally, the examinees must prove that they are proficient in data subjects rights (rectification, access, restriction & objection erasure as well as the right to be forgotten, automated decision making, consent (and withdrawal of), etc.); personal data security (relevant organizational & technical measures, vendor management, breach notification, data sharing); accountability requirements (responsibility of processors & controllers, data protection by default as well as by design, data protection influence evaluation, documentation & cooperation with regulators, auditing of privacy programs, compulsory data protection officers).
Lastly, the subject also requires your understanding of international data transfers (safe jurisdictions, prohibition rationale, Binding Corporate Rules (BCRs), Safe Harbor & Privacy Shield, model contracts, derogations, codes of conduct &certifications); supervision & enforcement (supervisory authorities as well as their powers, role of the European Data Protection Supervisor (EDPS), the European Data Protection Board); consequences for GDPR violations (infringement & fines, data subject compensation, process & procedures).
The certification exam can have 4 to 10 questions on this topic. This domain encompasses one’s knowledge of origins and historical context of data protection law (including human rights laws, early laws & regulations, data protection rationale, the Treaty of Lisbon; the need for a harmonized European approach, a modernized framework). The candidates must also be familiar with the European Union institutions, such as the European Court of Human Rights, the Council of Europe, the European Parliament, the European Commission, the European Court of Justice European Council. Moreover, in order to answer the questions in this section, the test takers must know the legal framework. This includes their knowledge of the EU Data Protection Directive (95/46/EC), European data retention regimes, the EU Directive on Privacy and Electronic Communications (2002/58/EC), the General Data Protection Regulation (GDPR), etc.
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The CIPP-E Exam covers a wide range of topics related to European data protection laws and regulations, including the principles of data protection, the rights of data subjects, data transfers outside of the EU, and the role of data protection authorities. CIPP-E exam is designed for professionals who work with personal data on a daily basis, including privacy officers, legal and compliance professionals, IT professionals, and anyone who is responsible for managing data privacy and security within an organization.
NEW QUESTION # 60
Under Article 80(1) of the GDPR, individuals can elect to be represented by not-for-profit organizations in a privacy group litigation or class action. These organizations are commonly known as?
Answer: A
NEW QUESTION # 61
According to the GDPR, when should the processing of photographs be considered processing of special categories of personal data?
Answer: A
Explanation:
Reference:
According to the GDPR, the processing of photographs should not systematically be considered as processing of special categories of personal data, unless they are covered by the definition of biometric data1. Biometric data is defined as personal data resulting from specific technical processing relating to the physical, physiological or behavioral characteristics of a natural person, which allow or confirm the unique identification or authentication of that natural person, such as facial images or dactyloscopic data2. Therefore, the processing of photographs is considered processing of special categories of personal data when it involves the use of specific technical means, such as facial recognition, that allow or confirm the unique identification or authentication of a natural person3. Reference: 1: Recital 51 of the GDPR2: Article 4(14) of the GDPR3: GDPR, Photographs, and Special Categories of Personal Data.
NEW QUESTION # 62
Read the following steps:
Discover which employees are accessing cloud services and from which devices and apps Lock down the data in those apps and devices Monitor and analyze the apps and devices for compliance Manage application life cycles Monitor data sharing An organization should perform these steps to do which of the following?
Answer: C
NEW QUESTION # 63
How is the retention of communications traffic data for law enforcement purposes addressed by European data protection law?
Answer: C
Explanation:
Reference https://www.law.kuleuven.be/citip/en/archive/copy_of_publications/440retention-of-traffic-data- dumortier-goemans2f90.pdf (9)
NEW QUESTION # 64
According to the European Data Protection Board, if a controller that is not established in the EU but still subject to the GDPR becomes aware of a personal data breach, which supervisory authority or authorities must be notified?
Answer: C
Explanation:
The General Data Protection Regulation (GDPR) introduces a duty for controllers to notify the competent supervisory authority of a personal data breach without undue delay and, where feasible, not later than 72 hours after having become aware of it, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons. The GDPR also requires controllers to communicate the personal data breach to the affected data subjects without undue delay, when the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons.
The GDPR 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 GDPR also 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 data subjects in the EU or the monitoring of their behaviour as far as their behaviour takes place within the EU.
The GDPR provides that where a controller or a processor is not established in the EU, but is subject to the GDPR, the controller or the processor shall designate in writing a representative in the EU. The representative shall be established in one of the member states where the data subjects, whose personal data are processed in relation to the offering of goods or services to them, or whose behaviour is monitored, are. The representative shall act on behalf of the controller or the processor and may be addressed by any supervisory authority or data subject on any issues related to the processing of personal data under the GDPR.
The GDPR also establishes a one-stop shop mechanism, which aims to ensure the consistent and effective application of the GDPR across the EU. The one-stop shop mechanism allows a controller or a processor with establishments in several member states to have a single supervisory authority as its interlocutor, which is the supervisory authority of the main establishment or of the single establishment of the controller or processor. The one-stop shop mechanism also enables a controller or a processor that is not established in the EU, but is subject to the GDPR, to deal with a single lead supervisory authority, which is the supervisory authority of the member state where the representative of the controller or processor is established.
Based on the GDPR and the guidelines of the European Data Protection Board (EDPB), if a controller that is not established in the EU but still subject to the GDPR becomes aware of a personal data breach, the controller must notify the supervisory authority of the EU member state in which the controller's EU representative (pursuant to Article 27) is established. This is the only supervisory authority that the controller must notify, as the controller benefits from the one-stop shop mechanism and has a single lead supervisory authority. The controller does not need to notify every supervisory authority of the EU member states where the controller is offering goods or services or where the affected data subjects reside, as this would be contrary to the principle of consistency and the aim of simplification of the one-stop shop mechanism.
Reference:
GDPR, Articles 3, 4, 27, 28, 29, 33, 34, 51, 55, 56, 57, 58, 60, 61, 62, 63, 64, 65, 66, 67, and 68.
EDPB Guidelines 9/2022 on personal data breach notification under GDPR, pages 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 16.
EDPB Guidelines 07/2020 on the concepts of controller and processor in the GDPR, pages 19, 20, 21, 22, 23, 24, 25, 26, 27, and 28.
EDPB Guidelines 3/2018 on the territorial scope of the GDPR, pages 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15.
NEW QUESTION # 65
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