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NEW QUESTION # 26
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:
Question:
The GDPR indicates that the processing of personal data should be based on alegal contractwith the data subject. Based on scenario 6, has Soyled fulfilled this requirement?
Answer: D
Explanation:
UnderArticle 6(1) of GDPR, processing personal data must have alawful basis, such as consent, contract, legal obligation, or legitimate interest. Additionally, underArticle 13, controllers must inform usersbefore collecting their data.
Soyledfailed to disclosethat personal data would be shared with the networkbefore collection, whichviolates GDPR transparency requirements.Option C is correct.Option Ais incorrect because informing about email collection does not mean lawful processing.Option Bis incorrect because the information was not disclosed at the right time.Option Dis incorrect because explicit consent is not necessarily required if another lawful basis applies.
References:
* GDPR Article 6(1)(Lawfulness of processing)
* GDPR Article 13(1)(Transparency in data processing)
NEW QUESTION # 27
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:
Based on scenario 4, to which of the companies candata subjects exercise their rightsunder GDPR?
Answer: B
Explanation:
References:
* GDPR Article 26(3)(Joint controllers must ensure data subjects can exercise their rights).
NEW QUESTION # 28
Scenario:
Socianis a softwareused to collect medical records of patients, includingname, date of birth, social security number, and other personal data. The system stores data on asecure server with multi-layered security.
An organization usingSocianfor six months wants to ensure that itsprocessing activities comply with GDPR
. TheDPO advised creating a list of processing activitiesrelated toSocian.
Question:
What should beincludedin theprocessing activities registers?
Answer: C
Explanation:
UnderArticle 30 of GDPR, organizations must documentsecurity measuresused to protect personal data, includingpseudonymization, encryption, and access controls.
* Option C is correctbecausedocumenting protection techniques is required in the processing activity register.
* Option A is incorrectbecauserisk severity assessments are part of DPIAs, not processing registers.
* Option B is incorrectbecausebreach notification procedures are handled separately under Article
33.
* Option D is incorrectbecausewhile access logs are important, they are not required in the processing activity register.
References:
* GDPR Article 30(1)(g)(Security measures must be documented)
* Recital 82(Accountability requires detailed processing records)
NEW QUESTION # 29
Scenario 9:Soin is a French travel agency with the largest network of professional travel agents throughout Europe. They aim to create unique vacations for clients regardless of the destinations they seek. The company specializes in helping people find plane tickets, reservations at hotels, cruises, and other activities.
As any other industry, travel is no exception when it comes to GDPR compliance. Soin was directly affected by the enforcement of GDPR since its main activities require the collection and processing of customers' data.
Data collected by Soin includes customer's ID or passport details, financial and payment information, and contact information. This type of data is defined as personal by the GDPR; hence, Soin's data processing activities are built based on customer's consent.
At the beginning, as for many other companies, GDPR compliance was a complicated issue for Soin.
However, the process was completed within a few months and later on the company appointed a DPO. Last year, the supervisory authority of France, requested the conduct of a data protection external audit in Soin without an early notice. To ensure GDPR compliance before an external audit was conducted, Soin organized an internal audit. The data protection internal audit was conducted by the DPO of the company. The audit was initiated by firstly confirming the accuracy of records related to all current Soin's data processing activities.
The DPO considered that verifying compliance to Article 30 of GDPR would help in defining the data protection internal audit scope. The DPO noticed that not all processing activities of Soin were documented as required by the GDPR. For example, processing activities records of the company did not include a description of transfers of personal data to third countries. In addition, there was no clear description of categories of personal data processed by the company. Other areas that were audited included content of data protection policy, data retention guidelines, how sensitive data is stored, and security policies and practices.
The DPO conducted interviews with some employees at different levels of the company. During the audit, the DPO came across some emails sent by Soin's clients claiming that they do not have access in their personal data stored by Soin. Soin's Customer Service Department answered the emails saying that, based on Soin's policies, a client cannot have access to personal data stored by the company. Based on the information gathered, the DPO concluded that there was a lack of employee awareness on the GDPR.
All these findings were documented in the audit report. Once the audit was completed, the DPO drafted action plans to resolve the nonconformities found. Firstly, the DPO created a new procedure which could ensure the right of access to clients. All employees were provided with GDPR compliance awareness sessions.
Moreover, the DPO established a document which described the transfer of personal data to third countries and the applicability of safeguards when this transfer is done to an international organization.
Based on this scenario, answer the following question:
Can the DPO appointed by Soin carry out the data protection external audit requested by the supervisory authority?
Answer: B
Explanation:
GDPR Article 58(1) gives supervisory authorities the power to conduct external audits, which mustbe independent and unbiased. A company's internal DPO cannot conduct an external audit, as this would pose a conflict of interest (Recital 97). External audits should be conducted by supervisory authorities or third-party auditors, ensuring objectivity.
NEW QUESTION # 30
Question:
What is themain purpose of conducting a DPIA?
Answer: C
Explanation:
UnderArticle 35 of GDPR, a DPIA's primary goal is toassess the risks to individuals' rights and freedoms arising from data processing.
* Option B is correctbecauseDPIAs focus on evaluating and mitigating risks to data subjects.
* Option A is incorrectbecauseDPIAs are not just about identifying causes but about assessing and mitigating risks.
* Option C is incorrectbecauseGDPR prioritizes risks to individuals, not just organizations.
* Option D is incorrectbecauseeliminating all risks is not possible-DPIAs aim to manage and minimize risks.
References:
* GDPR Article 35(1)(DPIA requirement for high-risk processing)
* Recital 84(DPIAs help protect individuals' rights)
NEW QUESTION # 31
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