CIPP-E Exam Dumps - Certified Information Privacy Professional/Europe (CIPP/E)

According to Article 13 of the GDPR, when a controller obtains personal data directly from the data subject, the controller must provide the data subject with certain information about the processing of their data, such as the identity and contact details of the controller, the purposes and legal basis of the processing, the recipients or categories of recipients, the period of storage, the rights of the data subject, the right to lodge a complaint, etc. However, the controller does not have to provide the data subject with the categories of personal data concerned, as this information is already known by the data subject, since they provided the data themselves. This is different from Article 14, which applies when the controller obtains personal data from a source other than the data subject, and requires the controller to inform the data subject of the categories of personal data concerned, as well as the source of the data. References:

Art. 13 GDPR - Information to be provided where personal data are collected from the data subject

Art. 14 GDPR - Information to be provided where personal data have not been obtained from the data subject

Article 13: Information to be provided where personal data are collected from the data subject - GDPR

The GDPR allows the transfer of personal data to countries outside of the EEA that do not provide an adequate level of data protection, if appropriate safeguards are provided by the data exporter and the data importer1. One of these safeguards are standard contractual clauses (SCCs) adopted by the European Commission, which are model clauses that impose obligations on both parties to ensure that the transfer complies with the GDPR requirements2. The SCCs also include clauses on the rights of the data subjects, the obligations of the data protection authorities, and the liability and indemnification of the parties3. One of the obligations of the data importer under the SCCs is to warrant that it has no reason to believe that the legislation applicable to it prevents it from fulfilling the instructions received from the data exporter and its obligations under the contract, and that in the event of a change in this legislation which is likely to have a substantial adverse effect on the warranties and obligations provided by the SCCs, it will promptly notify the change to the data exporter as soon as it is aware, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract4. Therefore, option D is the correct answer, as it reflects the obligation of the data importer under the SCCs to ensure that local laws do not impede the company from meeting its contractual obligations. Options A, B and C are incorrect, as they are not obligations of the data importer under the SCCs. Option A is not required by the GDPR or the SCCs, as the data importer does not need to submit the contract to its own government authority, unless the law of the country where the data importer is established requires it to do so prior to the transfer or disclosure of personal data5. Option B is not an obligation of the data importer, but of the data exporter, who must provide the data subjects with the information required by Articles 13 and 14 of the GDPR, including the fact that the data will be transferred to a third country and the appropriate safeguards in place6. Option C is not specific to the SCCs, but a general obligation of any controller or processor under the GDPR, who must cooperate with the supervisory authority and make available all information necessary to demonstrate compliance with their obligations7. References: 1: Article 46(1) of the GDPR 2: Standard Contractual Clauses (SCC) - European Commission 3: EU Standard Contractual Clauses (Word documents) 4: Clause 5(a) of the SCCs for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 5: Clause 5(b) of the SCCs for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 6: Clause 9 of the SCCs for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 7: Article 31 of the GDPR

According to the European Data Protection Law & Practice textbook, page 326, “the CJEU held that the search engine operator is obliged to remove from the list of results displayed following a search made on the basis of a person’s name links to web pages, published by third parties and containing information relating to that person, also in a case where that name or information is not erased beforehand or simultaneously from those web pages, and even, as the case may be, when its publication in itself on those pages is lawful.” However, the CJEU also stated that “the operator of the search engine as the person responsible for that processing must, at the latest on the occasion of the erasure from its list of results, disclose to the operator of the web page containing that information the fact that that web page will no longer appear in the search engine’s results following a search made on the basis of the data subject’s name.” Therefore, SearchCo must notify the newspaper that it is delisting the article, as part of its obligation to respect the data subject’s right to be forgotten. References:

European Data Protection Law & Practice, page 326

CJEU Judgment in Case C-131/12 Google Spain SL, Google Inc. v Agencia Española de Protección de Datos, Mario Costeja González, paragraphs 88 and 93

Pseudonymisation is a method that allows you to switch the original data set (for example, e-mail or a name) with an alias or pseudonym, or, in other words, a value which does not allow the individual to be directly identified1. It is a reversible process that de-identifies data but allows the re-identification later on if necessary1. This is a well-known data management technique highly recommended by the General Data Protection Regulation (GDPR) as one of the data protection methods2. To make personal data pseudonymous, a data controller must separately hold any information that would allow linking the data to the data subject, such as a key or a code, and ensure that this information is kept securely and subject to technical and organisational measures to prevent unauthorised access or re-identification23. The other options are not correct, as they either describe other data protection methods, such as encryption or anonymisation, or do not meet the definition of pseudonymisation under the GDPR. References: Pseudonymization according to the GDPR, Pseudonymisation - Wikipedia, Anonymisation and pseudonymisation | Data Protection Commissioner

According to the GDPR, the territorial scope of the regulation applies to the processing of personal data of data subjects who are in the Union by a controller or processor not established in the Union, where the processing activities are related to: (a) the offering of goods or services, irrespective of whether a payment of the data subject is required, to such data subjects in the Union; or (b) the monitoring of their behavior as far as their behavior takes place within the Union1. In this scenario, Who-R-U is not established in the Union, but it is collecting location information of its Canadian customers who use the app while traveling abroad, including in the EU. This constitutes monitoring of their behavior within the Union, and therefore triggers the application of the GDPR. The other options are not correct because: (A) Who-R-U does not have any establishment in the Union, as the naming-rights deal does not involve any technology or infrastructure; (B) Who-R-U is not offering goods or services to data subjects in the Union, as it only targets Canadian customers and blocks internet traffic from outside of Canada; © Who-R-U is not engaging in commercial activities conducted in the Union, as it only accepts Canadian currency and does not process orders that request the DNA report to be sent outside of Canada. References: 1: Article 3(2) of the GDPR; Free CIPP/E Study Guide, page 11.