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NEW QUESTION # 25
Scenario:2
Soyled is a retail company that sells a wide range of electronic products from top European brands. It primarily sells its products in its online platforms (which include customer reviews and ratings), despite using physical stores since 2015. Soyled's website and mobile app are used by millions of customers. Soyled has employed various solutions to create a customer-focused ecosystem and facilitate growth. Soyled uses customer relationship management (CRM) software to analyze user data and administer the interaction with customers. The software allows the company to store customer information, identify sales opportunities, and manage marketing campaigns. It automatically obtains information about each user's IP address and web browser cookies. Soyled also uses the software to collect behavioral data, such as users' repeated actions and mouse movement information. Customers must create an account to buy from Soyled's online platforms. To do so, they fill out a standard sign-up form of three mandatory boxes (name, surname, email address) and a non-mandatory one (phone number). When the user clicks the email address box, a pop-up message appears as follows: "Soyled needs your email address to grant you access to your account and contact you about any changes related to your account and our website. For further information, please read our privacy policy.' When the user clicks the phone number box, the following message appears: "Soyled may use your phone number to provide text updates on the order status. The phone number may also be used by the shipping courier." Once the personal data is provided, customers create a username and password, which are used to access Soyled's website or app. When customers want to make a purchase, they are also required to provide their bank account details. When the user finally creates the account, the following message appears: "Soyled collects only the personal data it needs for the following purposes: processing orders, managing accounts, and personalizing customers' experience. The collected data is shared with our network and used for marketing purposes." Soyled uses personal data to promote sales and its brand. If a user decides to close the account, the personal data is still used for marketing purposes only. Last month, the company received an email from John, a customer, claiming that his personal data was being used for purposes other than those specified by the company. According to the email, Soyled was using the data for direct marketing purposes. John requested details on how his personal data was collected, stored, and processed. Based on this scenario, answer the following question:
Scenario:
Soyled's customers are required to provide theirbank account detailsto buy a product. According to the GDPR, is this data processing lawful?
Answer: D
Explanation:
UnderArticle 6(1)(b) of GDPR, processing is lawfulif it is necessary for the performance of a contract with the data subject. Since the customers must provide bank details to complete their purchases, this processing isnecessaryfor fulfilling the agreement.
* Option A is correctbecause payment data is essential for transaction processing, which aligns with GDPR's contract basis.
* Option B is incorrectbecause having a privacy policy does not automatically justify data processing.
* Option C is incorrectbecause financial data can be processed byauthorized commercial entitiesunder GDPR.
* Option D is incorrectbecauseexplicit consent is not requiredwhen processing is contractually necessary.
References:
* GDPR Article 6(1)(b)(Processing necessary for contract performance)
* Recital 44(Necessity of processing for contract fulfillment)
NEW QUESTION # 26
Scenario5:
Recpond is a German employment recruiting company. Their services are delivered globally and include consulting and staffing solutions. In the beginning. Recpond provided its services through an office in Germany. Today, they have grown to become one of the largest recruiting agencies, providing employment to more than 500,000 people around the world. Recpond receives most applications through its website. Job searchers are required to provide the job title and location. Then, a list of job opportunities is provided. When a job position is selected, candidates are required to provide their contact details and professional work experience records. During the process, they are informed that the information will be used only for the purposes and period determined by Recpond. Recpond's experts analyze candidates' profiles and applications and choose the candidates that are suitable for the job position. The list of the selected candidates is then delivered to Recpond's clients, who proceed with the recruitment process. Files of candidates that are not selected are stored in Recpond's databases, including the personal data of candidates who withdraw the consent on which the processing was based. When the GDPR came into force, the company was unprepared.
The top management appointed a DPO and consulted him for all data protection issues. The DPO, on the other hand, reported the progress of all data protection activities to the top management. Considering the level of sensitivity of the personal data processed by Recpond, the DPO did not have direct access to the personal data of all clients, unless the top management deemed it necessary. The DPO planned the GDPR implementation by initially analyzing the applicable GDPR requirements. Recpond, on the other hand, initiated a risk assessment to understand the risks associated with processing operations. The risk assessment was conducted based on common risks that employment recruiting companies face. After analyzing different risk scenarios, the level of risk was determined and evaluated. The results were presented to the DPO, who then decided to analyze only the risks that have a greater impact on the company. The DPO concluded that the cost required for treating most of the identified risks was higher than simply accepting them. Based on this analysis, the DPO decided to accept the actual level of the identified risks. After reviewing policies and procedures of the company. Recpond established a new data protection policy. As proposed by the DPO, the information security policy was also updated. These changes were then communicated to all employees of Recpond.Based on this scenario, answer the following question:
Question:
According to scenario 5, theDPO decided to accept most of the identified risks related to data processing.
Is this acceptable under GDPR?
Answer: D
Explanation:
UnderArticle 39 of GDPR, theDPO's role is to monitor and advisebutnot make risk acceptance decisions.
Risk management is theresponsibility of the controller.
* Option C is correctbecauseDPOs provide guidance on risk, but the organization decides risk treatment.
* Option A is incorrectbecauserisk acceptance is not a decision for the DPO.
* Option B is incorrectbecauseDPOs do not manage risk directlybut provide recommendations.
* Option D is incorrectbecausesupervisory authorities do not approve risk acceptance decisions.
References:
* GDPR Article 39(1)(b)(DPO's advisory role in risk management)
* Recital 97(DPO's independence)
NEW QUESTION # 27
Scenario3:
COR Bank is an international banking group that operates in 31 countries. It was formed as the merger of two well-known investment banks in Germany. Their two main fields of business are retail and investment banking. COR Bank provides innovative solutions for services such as payments, cash management, savings, protection insurance, and real-estate services. COR Bank has a large number of clients and transactions.
Therefore, they process large information, including clients' personal data. Some of the data from the application processes of COR Bank, including archived data, is operated by Tibko, an IT services company located in Canada. To ensure compliance with the GDPR, COR Bank and Tibko have reached a data processing agreement Based on the agreement, the purpose and conditions of data processing are determined by COR Bank. However, Tibko is allowed to make technical decisions for storing the data based on its own expertise. COR Bank aims to remain a trustworthy bank and a long-term partner for its clients. Therefore, they devote special attention to legal compliance. They started the implementation process of a GDPR compliance program in 2018. The first step was to analyze the existing resources and procedures. Lisa was appointed as the data protection officer (DPO). Being the information security manager of COR Bank for many years, Lisa had knowledge of the organization's core activities. She was previously involved in most of the processes related to information systems management and data protection. Lisa played a key role in achieving compliance to the GDPR by advising the company regarding data protection obligations and creating a data protection strategy. After obtaining evidence of the existing data protection policy, Lisa proposed to adapt the policy to specific requirements of GDPR. Then, Lisa implemented the updates of the policy within COR Bank. To ensure consistency between processes of different departments within the organization, Lisa has constantly communicated with all heads of GDPR. Then, Lisa implemented the updates of the policy within COR Bank. To ensure consistency between processes of different departments within the organization, Lisa has constantly communicated with all heads of departments. As the DPO, she had access to several departments,including HR and Accounting Department. This assured the organization that there was a continuous cooperation between them. The activities of some departments within COR Bank are closely related to data protection. Therefore, considering their expertise, Lisa was advised from the top management to take orders from the heads of those departments when taking decisions related to their field. Based on this scenario, answer the following question:
Question:
According to scenario 3,Lisa was appointed as the Data Protection Officer (DPO)of COR Bank. Is this action in compliance with GDPR?
Answer: C
Explanation:
UnderArticle 37(6) of GDPR, theDPO can be an employeeof the company oran external contractor. Lisa's appointmentcomplieswith GDPR because she is a staff member withdata protection expertise.
* Option A is correctbecause GDPR allows organizations to appoint aninternal or external DPO.
* Option B is incorrectbecause a DPOdoes not have to be an internal staff membereven for special categories of data.
* Option C is incorrectbecause a company canappoint an internal DPO even if it operates internationally.
* Option D is incorrectbecause having another roledoes not disqualify someone from being a DPO, as long as there isno conflict of interest.
References:
* GDPR Article 37(6)(DPO may be an employee or external contractor)
* Recital 97(DPO qualifications and independence)
NEW QUESTION # 28
Scenario4:
Berc is a pharmaceutical company headquartered in Paris, France, known for developing inexpensive improved healthcare products. They want to expand to developing life-saving treatments. Berc has been engaged in many medical researches and clinical trials over the years. These projects required the processing of large amounts of data, including personal information. Since 2019, Berc has pursued GDPR compliance to regulate data processing activities and ensure data protection. Berc aims to positively impact human health through the use of technology and the power of collaboration. They recently have created an innovative solution in participation with Unty, a pharmaceutical company located in Switzerland. They want to enable patients to identify signs of strokes or other health-related issues themselves. They wanted to create a medical wrist device that continuously monitors patients' heart rate and notifies them about irregular heartbeats. The first step of the project was to collect information from individuals aged between 50 and 65. The purpose and means of processing were determined by both companies. The information collected included age, sex, ethnicity, medical history, and current medical status. Other information included names, dates of birth, and contact details. However, the individuals, who were mostly Berc's and Unty's customers, were not aware that there was an arrangement between Berc and Unty and that both companies have access to their personal data and share it between them. Berc outsourced the marketing of their new product to an international marketing company located in a country that had not adopted the adequacy decision from the EU commission. However, since they offered a good marketing campaign, following the DPO's advice, Berc contracted it. The marketing campaign included advertisement through telephone, emails, and social media. Berc requested that Berc's and Unty's clients be first informed about the product. They shared the contact details of clients with the marketing company.Based on this scenario, answer the following question:
Question:
Is the transfer of data fromBerc to Untyin compliance with GDPR?
Answer: B
Explanation:
UnderArticle 45 of GDPR,data transfers to third countriesare lawful if the European Commission has adopted an adequacy decision, meaning the countryoffers equivalent protection to GDPR. Switzerland has such an adequacy decision, makingBerc's transfer lawful.
* Option A is correctbecause Switzerlandmeets GDPR adequacy standards.
* Option B is incorrectbecausehaving the same purpose does not automatically make the transfer lawful.
* Option C is incorrectbecauseno supervisory authorization is neededwhen an adequacy decision exists.
* Option D is incorrectbecausea DPIA is not required for a GDPR-compliant transfer.
References:
* GDPR Article 45(1)(Adequacy decisions for third countries)
* European Commission Decision on Switzerland's adequacy
NEW QUESTION # 29
Question:
A patientgave consentfor the use of theirlaboratory teststo defend a clinical laboratory against a lawsuit. As a result, thecourt required the collection and processing of the patient's health data, and such information wasrevealed in court.
Is thiscompliantwith GDPR'slawfulness of processingrequirements?
Answer: D
Explanation:
UnderArticle 9(2)(f) of GDPR, the processing ofspecial categories of data(e.g., health data) ispermitted without consentif it isnecessary for the establishment, exercise, or defense of legal claims.
* Option A is correctbecause GDPRallowsprocessing of special category datafor legal claims, even without explicit consent.
* Option B is incorrectbecause processing for legal claims isnot restricted to public health institutions
.
* Option C is incorrectbecause GDPRexplicitly allowssuch processing for legal claims.
* Option D is incorrectbecauseanonymization is not requiredwhen data is processed underArticle 9(2) (f).
References:
* GDPR Article 9(2)(f)(Processing of special categories of data for legal claims)
* Recital 52(Legal grounds for processing sensitive data in court cases)
NEW QUESTION # 30
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