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GDPR PECB Certified Data Protection Officer Questions and Answers

Questions 4

Scenario 8:MA store is an online clothing retailer founded in 2010. They provide quality products at a reasonable cost. One thing that differentiates MA store from other online shopping sites is their excellent customer service.

MA store follows a customer-centered business approach. They have created a user-friendly website with well-organized content that is accessible to everyone. Through innovative ideas and services, MA store offers a seamless user experience for visitors while also attracting new customers. When visiting the website, customers can filter their search results by price, size, customer reviews, and other features. One of MA store's strategies for providing, personalizing, and improving its products is data analytics. MA store tracks and analyzes the user actions on its website so it can create customized experience for visitors.

In order to understand their target audience, MA store analyzes shopping preferences of its customers based on their purchase history. The purchase history includes the product that was bought, shipping updates, and payment details. Clients' personal data and other information related to MA store products included in the purchase history are stored in separate databases. Personal information, such as clients' address or payment details, are encrypted using a public key. When analyzing the shopping preferences of customers, employees access only the information about the product while the identity of customers is removed from the data set and replaced with a common value, ensuring that customer identities are protected and cannot be retrieved.

Last year, MA store announced that they suffered a personal data breach where personal data of clients were leaked. The personal data breach was caused by an SQL injection attack which targeted MA store’s web application. The SQL injection was successful since no parameterized queries were used.

Based on this scenario, answer the following question:

How could MA store prevent the SQL attack described in scenario 8?

Options:

A.

Using security measures that support data protection at the database level, such as authorized queries

B.

Using cryptographic protocols such as TLS as encryption mechanisms instead of a public key encryption

C.

Processing only the data they actually need to achieve processing purposes in database and application servers

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Questions 5

Question:

What is therole of the DPO in a DPIA?

Options:

A.

Conductthe DPIA.

B.

Determineif a DPIA is necessary.

C.

Recordthe DPIA outcomes.

D.

Approvethe DPIA and ensure all risks are eliminated.

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Questions 6

Scenario3:

COR Bank is an international banking group that operates in 31 countries. It was formed as themerger 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:

Based on scenario 3,Lisa was advised to take orders from the heads of other departments. Is this acceptable under GDPR?

Options:

A.

Yes, only heads of departments within a financial institution are allowed to give orders to the DPO.

B.

Yes, the DPO shall take instructions and tasks from employee members if required by the organization.

C.

No, the organization should not influence, nor put pressure on the DPO for any decision taken.

D.

Yes, the DPO is responsible for following management directives while ensuring GDPR compliance.

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Questions 7

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?

Options:

A.

Yes, Berc can transfer data to Unty because Switzerland provides a level of data protection that is "essentially equivalent” to that of the EU.

B.

Yes, Berc can transfer data to Unty because they collected data for the same purpose.

C.

No, Berc cannot transfer data to a company in Switzerland unless authorization from the supervisory authority in France is obtained.

D.

No, Berc must conduct a new DPIA before transferring data to Switzerland.

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Questions 8

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,Berc followed the DPO's advice for outsourcing an international marketing companyin the absence of an adequacy decision. Is the DPO responsible for evaluating this case?

Options:

A.

Yes, the DPO should evaluate cases where an adequacy decision is absent.

B.

Yes, the DPO takes the final decision on transferring personal data to an international company in the absence of an adequacy decision.

C.

No, the controller or processor should evaluate cases when the adequacy decision is absent.

D.

No, because the marketing company operates under the same data protection rules as Berc.

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Questions 9

Scenario1:

MED is a healthcare provider located in Norway. It provides high-quality and affordable healthcare services, including disease prevention, diagnosis, and treatment. Founded in 1995, MED is one of the largest health organizations in the private sector. The company has constantly evolved in response to patients' needs.

Patients that schedule an appointment in MED's medical centers initially need to provide theirpersonal information, including name, surname, address, phone number, and date of birth. Further checkups or admission require additional information, including previous medical history and genetic data. When providing their personal data, patients are informed that the data is used for personalizing treatments and improving communication with MED's doctors. Medical data of patients, including children, are stored in the database of MED's health information system. MED allows patients who are at least 16 years old to use the system and provide their personal information independently. For children below the age of 16, MED requires consent from the holder of parental responsibility before processing their data.

MED uses a cloud-based application that allows patients and doctors to upload and access information. Patients can save all personal medical data, including test results, doctor visits, diagnosis history, and medicine prescriptions, as well as review and track them at any time. Doctors, on the other hand, can access their patients' data through the application and can add information as needed.

Patients who decide to continue their treatment at another health institution can request MED to transfer their data. However, even if patients decide to continue their treatment elsewhere, their personal data is still used by MED. Patients’ requests to stop data processing are rejected. This decision was made by MED’s top management to retain the information of everyone registered in their databases.

The company also shares medical data with InsHealth, a health insurance company. MED's data helps InsHealth create health insurance plans that meet the needs of individuals and families.

MED believes that it is its responsibility to ensure the security and accuracy of patients’ personal data. Based on the identified risks associated with data processing activities, MED has implemented appropriate security measures to ensure that data is securely stored and processed.

Since personal data of patients is stored and transmitted over the internet, MED uses encryption to avoid unauthorized processing, accidental loss, or destruction of data. The company has established a security policy to define the levels of protection required for each type of information and processing activity. MED has communicated the policy and other procedures to personnel and provided customized training to ensure proper handling of data processing.

Question:

Based on scenario 1, which data subject right isNOTguaranteed by MED?

Options:

A.

Right to be informed

B.

Right to restriction of processing

C.

Right to data portability

D.

Right to rectification

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Questions 10

Scenario:

A financial institution collectsbiometric data of its clients, such asface recognition, to support apayment authentication processthat they recently developed. The institution ensures thatdata subjects provide explicit consentfor the processing of theirbiometric datafor this specific purpose.

Question:

Based on this scenario, should theDPO advise the organization to conduct a DPIA (Data Protection Impact Assessment)?

Options:

A.

Yes, because biometric data is consideredspecial category personal data, and its processing is likely to involvehigh risk.

B.

No, becauseexplicit consenthas already been obtained from the data subjects.

C.

No, because DPIAs areonly requiredwhen processing personal dataon a large scale, which is not specified in this case.

D.

Yes, but only if the biometric data is storedfor more than five years.

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Questions 11

Scenario6:

Bus Spot is one of the largest bus operators in Spain. The company operates in local transport and bus rental since 2009. The success of Bus Spot can be attributed to the digitization of the bus ticketing system, through which clients can easily book tickets and stay up to date on any changes to their arrival or departure time. In recent years, due to the large number of passengers transporteddaily. Bus Spot has dealt with different incidents including vandalism, assaults on staff, and fraudulent injury claims. Considering the severity of these incidents, the need for having strong security measures had become crucial. Last month, the company decided to install a CCTV system across its network of buses. This security measure was taken to monitor the behavior of the company's employees and passengers, enabling crime prevention and ensuring safety and security. Following this decision, Bus Spot initiated a data protection impact assessment (DPIA). The outcome of each step of the DPIA was documented as follows: Step 1: In all 150 buses, two CCTV cameras will be installed. Only individuals authorized by Bus Spot will have access to the information generated by the CCTV system. CCTV cameras capture images only when the Bus Spot's buses are being used. The CCTV cameras will record images and sound. The information is transmitted to a video recorder and stored for 20 days. In case of incidents, CCTV recordings may be stored for more than 40 days and disclosed to a law enforcement body. Data collected through the CCTV system will be processed bv another organization. The purpose of processing this tvoe of information is to increase the security and safety of individuals and prevent criminal activity. Step 2: All employees of Bus Spot were informed for the installation of a CCTV system. As the data controller, Bus Spot will have the ultimate responsibility to conduct the DPIA. Appointing a DPO at that point was deemed unnecessary. However, the data processor’s suggestions regarding the CCTV installation were taken into account. Step 3: Risk Likelihood (Unlikely, Possible, Likely) Severity (Moderate, Severe, Critical) Overall risk (Low, Medium, High) There is a risk that the principle of lawfulness, fairness, and transparency will be compromised since individuals might not be aware of the CCTV location and its field of view. Likely Moderate Low There is a risk that the principle of integrity and confidentiality may be compromised in case the CCTV system is not monitored and controlled with adequate security measures. Possible Severe Medium There is a risk related to the right of individuals to be informed regarding the installation of CCTV cameras. Possible Moderate Low Step 4: Bus Spot will provide appropriate training to individuals that have access to the information generated by the CCTV system. In addition, it will ensure that the employees of the data processor are trained as well. In each entrance of the bus, a sign for the use of CCTV will be displayed. The sign will be visible and readable by all passengers. It will show other details such as the purpose of its use, the identity of Bus Spot, and its contact number in case there are any queries. Only two employees of Bus Spot will be authorized to access the CCTV system. They will continuously monitor it and report any unusual behavior of bus drivers or passengers to Bus Spot. The requests of individuals that are subject to a criminal activity for accessing the CCTV images will be evaluated only for a limited period of time. If the access is allowed, the CCTV images will be exported by the CCTV system to an appropriate file format. Bus Spot will use a file encryption software to encrypt data before transferring onto another file format. Step 5: Bus Spot's top management has evaluated the DPIA results for the processing of data through CCTV system. The actions suggested to address the identified risks have been approved and will be implemented based on best practices. This DPIA involves the analysis of the risks and impacts in only a group of buses located in the capital of Spain. Therefore, the DPIA will be reconducted for each of Bus Spot's buses in Spain before installing the CCTV system. Based on this scenario, answer the following question:

Question:

Which step of theDPIA methodologydid Bus Spotmisswhen conducting the DPIA?

Options:

A.

Thenecessity and proportionality evaluationstep, where it should have determined thelawful basis for data processing.

B.

The stepdescribing the data processing activities, where it should have detailed thescope, nature, context, and purposes of the processing.

C.

Thealignment with GDPR-defined DPIA guidelines, where it should have adhered to the regulatory framework and methodology outlined by the GDPR.

D.

Thesupervisory authority approvalstep, where it should have obtained prior authorization before implementing the CCTV system.

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Questions 12

Scenario:

Pinky, a retail company,received a requestfrom adata subjectto identify which purchasesthey had madeat differentphysical store locations. However,Pinky does not link purchase records to customer identities, since purchasesdo not require account creation.

Question:

Should Pinkyprocess additional informationfrom customers in order toidentify the data subjectas requested?

Options:

A.

Yes, Pinky is required tomaintain, acquire, or process additional informationin order to identify the data subject.

B.

Yes, Pinky is required to process additional information for the purpose ofexercising the data subject’s rightscovered inArticles 15-21 of GDPR.

C.

No, Pinky isnot requiredto process additional information, since the processing of personal data in this case does not require Pinky toidentify the data subject.

D.

No, but Pinky must ask the data subject to provide further evidence proving their identity.

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Questions 13

Question:

What is themain purpose of conducting a DPIA?

Options:

A.

Toidentify the causesof the identified risks.

B.

Toextensively assess the impactsof the identified risks on individuals.

C.

Tomeasure the potential consequencesof the identified risks on the organization.

D.

Toeliminate all risksassociated with processing personal data.

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Questions 14

Question:

To evaluate theeffectiveness of communication, theDPO of Company ABCreviewed theaccuracy and relevanceof the information provided to customers regarding personal data processing.

Is this agood practiceunder GDPR?

Options:

A.

Yes, when evaluating the effectiveness of communication, theDPO should consider the accuracy and relevanceof the information provided to concerned parties.

B.

No, the effectiveness of communicationcannot be evaluatedthrough the evaluation of theaccuracy and relevanceof information provided to customers.

C.

No, the DPO isnot responsiblefor evaluating the effectiveness of communication with customers.

D.

Yes, but only if the company’ssupervisory authority requests it.

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Questions 15

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:

When completing the sign-up form, the user gets a notification about the purpose for which Soyled collects their email address. Is Soyled required by the GDPR to do so?

Options:

A.

Yes, users must be informed of the purpose of collecting their personal data.

B.

No, Soyled should provide this information only when requested by users.

C.

No, Soyled only needs to inform users about how their data is collected, stored, or processed.

D.

Yes, but only if the email is used for communication purposes beyond account creation.

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Questions 16

When pseudonymization is used in a dataset, the data is divided into restricted access data and non-identifiable data. This restricted access data includes gender, occupation, and age, whereas the non-identifiable data includes only nationality. Is this correct?

Options:

A.

Yes, when pseudonymization is used, non-identifiable data includes only nationality, whereas restricted access data includes gender, occupation, and age

B.

No, non-identifiable data includes gender, nationality, and occupation, whereas restricted access data includes first name, last name, and age, among others

C.

No, only anonymization can be used to divide a dataset into restricted access data and non-identifiable data

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Questions 17

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?

Options:

A.

No, data protection external audits should be conducted by independent auditors who are not part of the company being audited

B.

Yes, data protection external audits should be conducted by auditors contracted by Soin who can be employees of the company

C.

Yes, Soin’s DPO is allowed to conduct a data protection external audit but only if requested by the supervisory authority

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Questions 18

Question:

What is therole of the European Data Protection Board (EDPB)?

Options:

A.

Tosupervise and monitorthe application of GDPR within the EU.

B.

Toadvise the European Commissionregarding data protection issues in the EU.

C.

Tonegotiate and adopt EU lawsas per the proposals from the European Commission.

D.

Toconduct audits on organizationssuspected of GDPR violations.

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Questions 19

Scenario 8:MA store is an online clothing retailer founded in 2010. They provide quality products at a reasonable cost. One thing that differentiates MA store from other online shopping sites is their excellent customer service.

MA store follows a customer-centered business approach. They have created a user-friendly website with well-organized content that is accessible to everyone. Through innovative ideas and services, MA store offers a seamless user experience for visitors while also attracting new customers. When visiting the website, customers can filter their search results by price, size, customer reviews, and other features. One of MA store's strategies for providing, personalizing, and improving its products is data analytics. MA store tracks and analyzes the user actions on its website so it can create customized experience for visitors.

In order to understand their target audience, MA store analyzes shopping preferences of itscustomers based on their purchase history. The purchase history includes the product that was bought, shipping updates, and payment details. Clients' personal data and other information related to MA store products included in the purchase history are stored in separate databases. Personal information, such as clients' address or payment details, are encrypted using a public key. When analyzing the shopping preferences of customers, employees access only the information about the product while the identity of customers is removed from the data set and replaced with a common value, ensuring that customer identities are protected and cannot be retrieved.

Last year, MA store announced that they suffered a personal data breach where personal data of clients were leaked. The personal data breach was caused by an SQL injection attack which targeted MA store’s web application. The SQL injection was successful since no parameterized queries were used.

Based on this scenario, answer the following question:

According to scenario 8, MA store analyzed shopping preferences of its customers by analyzing the product they have bought in the customer's purchase history. Which option is correct in this case?

Options:

A.

MA store can use this type of information for an indefinite period of time since it is anonymized

B.

MA store can use this type of information for a limited period of time since it is pseudonymized

C.

MA store can use this type of information only during the period for which data subjects have given consent

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Questions 20

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?

Options:

A.

Yes, because the processing is necessary for the fulfillment of the purchase agreement.

B.

Yes, because Soyled has a privacy policy in place that ensures the protection of personal data.

C.

No, sensitive data, such as bank account details, should only be processed by official authorities.

D.

No, because financial information cannot be collected without explicit consent.

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Questions 21

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:

According to scenario 9, the DPO drafted and implemented all action plans to resolve the nonconformities found. Is this acceptable?

Options:

A.

No, the DPO should only evaluate and follow up on action plans submitted in response to nonconformities

B.

No, the DPO should implement action plans as arranged in order of priority by top management

C.

Yes, the DPO is responsible for drafting, implementing, and reviewing corrections and corrective actions

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Questions 22

Question:

According toArticle 82 of GDPR, when must aprocessor be held liablefordamage caused by processing?

Options:

A.

Onlywhen it has not complied with thedata subject’s requirements.

B.

Onlywhen it has actedoutside of or contrary to the lawful instructionsof the controller.

C.

Onlywhen the processing of data has not been donebased on the instructions received by the organization’s DPO.

D.

Processorsare never liable, as only controllers are responsible for data protection compliance.

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Questions 23

Scenario 7: EduCCS is an online education platform based in Netherlands. EduCCS helps organizations find, manage, and deliver their corporate training. Most of EduCCS's clients are EU residents. EduCCS is one of the few education organizations that have achieved GDPR compliance since 2019. Their DPO is a full-time employee who has been engaged in most data protection processes within the organization. In addition to facilitating GDPR compliance, the DPO acts as an intermediary point between EduCCS and other relevant interested parties. EduCCS's users can benefit from the variety of up-to-date training library and the possibility of accessing it through their phones, tablets, or computers. EduCCS's services are offered through two main platforms: online learning and digital training. To use one of these platforms, users should sign on EduCCS's website by providing their personal information. Online learning is a platform in which employees of other organizations can search for and request the training they need. Through its digital training platform, on the other hand, EduCCS manages the entire training and education program for other organizations. Organizations that need this type of service need to provide information about their core activities and areas where training sessions are needed. This information is then analyzed by EduCCS and a customized training program is provided. In the beginning, all IT-related services were managed by two employees of EduCCS. However, after acquiring a large number of clients, managing these services became challenging That is why EduCCS decided to outsource the IT service function to X-Tech. X-Tech provides IT support and is responsible for ensuring the security of EduCCS's network and systems. In addition, X-Tech stores and archives EduCCS's information including their training programs and clients' and employees' data. Recently, X-Tech made headlines in the technology press for being a victim of a phishing attack. A group of three attackers hacked X-Tech’s systems via a phishing campaign which targeted the employees of the Marketing Department. By compromising X-Tech's mail server, hackers were able to gain access to more than 200 computer systems. Consequently, access to the networks of EduCCS’s clients was also allowed. Using EduCCS's employee accounts, attackers installed a remote access tool on EduCCS'scompromised systems. By doing so, they gained access to personal information of EduCCS's clients, training programs, and other information stored in its online payment system. The attack was detected by X-Tech’s system administrator. After detecting unusual activity in X-Tech’s network, they immediately reported it to the incident management team of the company. One week after being notified about the personal data breach, EduCCS communicated the incident to the supervisory authority with a document that outlined the reasons for the delay revealing that due to the lack of regular testing or modification, their incident response plan was not adequately prepared to handle such an attack.Based on this scenario, answer the following question:

Question:

Based on scenario 7, didEduCCS comply with GDPRregardingdata breach notification requirements?

Options:

A.

No, EduCCS’ notification to thesupervisory authorityafterone weekviolates GDPR’s requirementfor timely notification.

B.

Yes, EduCCS wasnot obligated to notifythe supervisory authority about the breach, since it occurred at itsIT service provider, X-Tech.

C.

Yes, EduCCS actedin compliancewith GDPR bynotifying the supervisory authority one week after the violation.

D.

No, EduCCS should havereported the breach directly to affected clientsbefore informing the supervisory authority.

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Questions 24

Scenario:

Bankbiois a financial institution that handlespersonal dataof its customers. Itsdata processing activities involve processingthat is necessary for thelegitimate interestspursued by the institution. In such cases, Bankbio processes personal datawithout obtaining consent from data subjects.

Question:

Is the data processinglawful under GDPR?

Options:

A.

Yes, processing is lawful when it is necessary for thelegitimate interestspursued by the controller, except where such interests are overridden by the interests of fundamental rights.

B.

No, the processing is lawfulonly if the data subject has given explicit consentto the processing of personal data for the specified purpose.

C.

Yes, GDPR allows the processing of personal data for thelegitimate interest pursued by the controller or by a third party in all cases.

D.

No, financial institutionsmust always obtain explicit consentbefore processing personal data.

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Exam Code: GDPR
Exam Name: PECB Certified Data Protection Officer
Last Update: Mar 29, 2025
Questions: 80

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