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| Section | Weight | Objectives |
|---|---|---|
| Topic 1: European Data Protection: Scope and Accountability | 17%–25% | - Enforcement: penalties, remedies, liability, appeals - Territorial and material scope of GDPR application - Supervisory authorities: structure, powers, cooperation, consistency mechanism - Accountability obligations: documentation, records, impact assessments |
| Topic 2: Introduction to European Data Protection | 7%–13% | - Core principles and foundational concepts of data protection - Historical background and evolution of European privacy law - EU institutions, legislative framework and legal structure |
| Topic 3: European Data Protection Law and Regulation | 18%–28% | - Data subject rights and how to uphold them - Lawful processing principles and conditions - Key definitions: personal data, special categories, pseudonymous/anonymous data - Roles: controller, processor, joint controllers, representatives |
| Topic 4: Compliance with European Data Protection Law and Regulation | 15%–22% | - Data Protection Officer (DPO): appointment, role, duties - Breach notification: requirements, timelines, procedures - Compliance programs, audits, and governance frameworks - Security of processing: technical and organizational measures |
| Topic 5: European Data Processing | 20%–30% | - International data transfers: rules, mechanisms, safeguards - Information obligations: privacy notices, transparency requirements - Basis for processing: consent, contract, legal obligation, vital interests, public task, legitimate interest - Processing for specific purposes: employment, marketing, research, surveillance |
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NEW QUESTION # 230
SCENARIO
Please use the following to answer the next question:
Brady is a computer programmer based in New Zealand who has been running his own business for two years. Brady's business provides a low-cost suite of services to customers throughout the European Economic Area (EEA). The services are targeted towards new and aspiring small business owners. Brady's company, called Brady Box, provides web page design services, a Social Networking Service (SNS) and consulting services that help people manage their own online stores.
Unfortunately, Brady has been receiving some complaints. A customer named Anna recently uploaded her plans for a new product onto Brady Box's chat area, which is open to public viewing. Although she realized her mistake two weeks later and removed the document, Anna is holding Brady Box responsible for not noticing the error through regular monitoring of the website. Brady believes he should not be held liable.
Another customer, Felipe, was alarmed to discover that his personal information was transferred to a third- party contractor called Hermes Designs and worries that sensitive information regarding his business plans may be misused. Brady does not believe he violated European privacy rules. He provides a privacy notice to all of his customers explicitly stating that personal data may be transferred to specific third parties in fulfillment of a requested service. Felipe says he read the privacy notice but that it was long and complicated Brady continues to insist that Felipe has no need to be concerned, as he can personally vouch for the integrity of Hermes Designs. In fact, Hermes Designs has taken the initiative to create sample customized banner advertisements for customers like Felipe. Brady is happy to provide a link to the example banner ads, now posted on the Hermes Designs webpage. Hermes Designs plans on following up with direct marketing to these customers.
Brady was surprised when another customer, Serge, expressed his dismay that a quotation by him is being used within a graphic collage on Brady Box's home webpage. The quotation is attributed to Serge by first and last name. Brady, however, was not worried about any sort of litigation. He wrote back to Serge to let him know that he found the quotation within Brady Box's Social Networking Service (SNS), as Serge himself had posted the quotation. In his response, Brady did offer to remove the quotation as a courtesy.
Despite some customer complaints, Brady's business is flourishing. He even supplements his income through online behavioral advertising (OBA) via a third-party ad network with whom he has set clearly defined roles. Brady is pleased that, although some customers are not explicitly aware of the OBA, the advertisements contain useful products and services.
Based on current trends in European privacy practices, which aspect of Brady Box' Online Behavioral Advertising (OBA) is most likely to be insufficient if the company becomes established in Europe?
Answer: B
Explanation:
Section: (none)
Explanation
Online Behavioural Advertising (OBA) means the collection of data from a particular computer or device regarding web viewing behaviours over time and across multiple web domains not under Common Control for the purpose of using such data to predict web user preferences or interests to deliver online advertising to that particular computer or device based on the preferences or interests inferred from such web viewing behaviours1. OBA is subject to the EU law on consent to the processing of personal data, which requires a clear affirmative action by the data subject indicating his or her agreement to the processing2. The consent must be freely given, specific, informed and unambiguous, and it can be withdrawn at any time2. The consent must also be obtained prior to the collection and use of data for OBA purposes3. Therefore, Brady Box's OBA practice is most likely to be
NEW QUESTION # 231
SCENARIO
Please use the following to answer the next question:
Liem, an online retailer known for its environmentally friendly shoes, has recently expanded its presence in Europe. Anxious to achieve market dominance, Liem teamed up with another eco friendly company, EcoMick, which sells accessories like belts and bags. Together the companies drew up a series of marketing campaigns designed to highlight the environmental and economic benefits of their products. After months of planning, Liem and EcoMick entered into a data sharing agreement to use the same marketing database, MarketIQ, to send the campaigns to their respective contacts.
Liem and EcoMick also entered into a data processing agreement with MarketIQ, the terms of which included processing personal data only upon Liem and EcoMick's instructions, and making available to them all information necessary to demonstrate compliance with GDPR obligations.
Liem and EcoMick then procured the services of a company called JaphSoft, a marketing optimization firm that uses machine learning to help companies run successful campaigns. Clients provide JaphSoft with the personal data of individuals they would like to be targeted in each campaign. To ensure protection of its clients' data, JaphSoft implements the technical and organizational measures it deems appropriate. JaphSoft works to continually improve its machine learning models by analyzing the data it receives from its clients to determine the most successful components of a successful campaign. JaphSoft then uses such models in providing services to its client-base. Since the models improve only over a period of time as more information is collected, JaphSoft does not have a deletion process for the data it receives from clients. However, to ensure compliance with data privacy rules, JaphSoft pseudonymizes the personal data by removing identifying information from the contact information. JaphSoft's engineers, however, maintain all contact information in the same database as the identifying information.
Under its agreement with Liem and EcoMick, JaphSoft received access to MarketIQ, which included contact information as well as prior purchase history for such contacts, to create campaigns that would result in the most views of the two companies' websites. A prior Liem customer, Ms. Iman, received a marketing campaign from JaphSoft regarding Liem's as well as EcoMick's latest products. While Ms. Iman recalls checking a box to receive information in the future regarding Liem's products, she has never shopped EcoMick, nor provided her personal data to that company.
For what reason would JaphSoft be considered a controller under the GDPR?
Answer: C
Explanation:
According to the GDPR, a data controller is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data (Art 4(7) of GDPR). A data processor is the natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller (Art 4(8) of GDPR). In this case, JaphSoft would be considered a controller under the GDPR because it uses the personal data it receives from Liem and EcoMick to improve its own products and services through machine learning. This means that JaphSoft determines the purposes and means of this processing activity, which is not covered by the agreement with Liem and EcoMick. JaphSoft also decides how long to retain the personal data, which is another indication of its controller role. The other options are not sufficient to establish JaphSoft as a controller, as they could also apply to a processor. Having access to personal data in the MarketIQ database does not imply that JaphSoft determines the purposes and means of the processing. It could be acting on behalf of Liem and EcoMick, who are the controllers of the data in the database. Making decisions regarding the technical and organizational measures necessary to protect the personal data is also a duty of a processor, who must implement appropriate security measures in accordance with the GDPR and the instructions of the controller (Art 28 and Art 32 of GDPR). Reference:
GDPR, Art 4, Art 28, Art 32
Free CIPP/E Study Guide, p. 15
European Data Protection Law & Practice, p. 123
What is a data controller or a data processor?
CNIL publishes guidance on data processing roles under EU GDPR
Guide for multi-controller situations under the GDPR
NEW QUESTION # 232
Why is advisable to avoid consent as a legal basis for an employer to process employee data?
Answer: B
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 # 233
How does the GDPR now define "processing"?
Answer: A
Explanation:
The GDPR defines processing as "any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction" (Article 4(2)). This is a broad definition that covers almost any activity involving personal data, regardless of the method or means used. The GDPR also specifies that processing should be lawful, fair and transparent, and should respect the principles of data protection by design and by default (Article 5). References: CIPP/E Certification - InternationalAssociation of Privacy Professionals, Free CIPP/E Study Guide - International Association of Privacy Professionals, [GDPR - EUR-Lex] I hope this helps. If you have any other questions, please let me know.# Reference: https://gdpr-info.eu/issues/processing/
NEW QUESTION # 234
Which of the following is NOT recognized as being a common characteristic of cloud-computing services?
Answer: B
Explanation:
This is not a common characteristic of cloud-computing services, as the supplier usually does not assume the vendor's business risk. In fact, the supplier often limits its liability for data breaches or losses, and the vendor remains responsible for complying with data protection laws and regulations. The other options are common characteristics of cloud-computing services, as they reflect the nature of cloud computing as a flexible, scalable, and cost-effective way of processing data, but also pose challenges for data protection and security. Reference:
Free CIPP/E Study Guide, page 17, section 2.3.2
CIPP/E Certification, page 12, section 2.3.2
Cipp-e Study guides, Class notes & Summaries, page 23, section 2.3.2
NEW QUESTION # 235
......
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