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

 Under the GDPR, the processing of personal data of a child on the basis of consent requires the consent of the holder of parental responsibility over the child, unless the child is at least 16 years old or the applicable national law provides for a lower age (not below 13 years). However, there are some situations where the processing of personal data of a child without parental consent may be justified by other lawful grounds, such as the performance of a contract, the compliance with a legal obligation, the protection of vital interests, the performance of a task carried out in the public interest, or the legitimate interests of the controller or a third party. One of these situations is when the processing is necessary for providing preventive or counselling services to the child, especially in the context of information society services. This is recognised by Recital 38 of the GDPR, which states that:

“Children merit specific protection with regard to their personal data, as they may be less aware of the risks, consequences and safeguards concerned and their rights in relation to the processing of personal data. Such specific protection should, in particular, apply to the use of personal data of children for the purposes of marketing or creating personality or user profiles and the collection of personal data with regard to children when using services offered directly to a child. The consent of the holder of parental responsibility should not be necessary in the context of preventive or counselling services offered directly to a child.”

Therefore, the processing of personal data of a child without parental consent may be lawful if it is necessary for providing preventive or counselling services to the child, such as health, education, social or legal services, that are offered directly to the child and that aim to protect the child’s well-being, safety, development or rights. This may include, for example, online counselling platforms, sexual health advice services, anti-bullying or mental health support services, or child protection helplines. In such cases, the controller should ensure that the processing is fair, transparent, proportionate and respectful of the child’s best interests, and that appropriate safeguards are in place to protect the child’s personal data and rights.

The other options are not likely to justify the processing of personal data of a child without parental consent, as they do not meet the criteria of necessity, proportionality or legitimacy. The processing of personal data of a child for market research purposes is not necessary for the performance of a contract, the compliance with a legal obligation, the protection of vital interests, the performance of a task carried out in the public interest, or the legitimate interests of the controller or a third party, and may pose significant risks to the child’s privacy and autonomy. Therefore, such processing requires the consent of the holder of parental responsibility over the child, unless the child is old enough to give their own consent. The provision of materials purely for educational use to a child may not require the processing of personal data of the child at all, or may only require the processing of minimal personal data, such as the child’s name or email address. In such cases, the processing may be based on the consent of the child, if the child is old enough to understand the implications of their consent, or on the legitimate interests of the controller, if the processing is necessary for the provision of the educational materials and does not override the interests or rights of the child. However, the controller should still inform the child and the holder of parental responsibility about the processing and provide them with the opportunity to object or withdraw their consent. The existence of a legitimate business interest does not automatically justify the processing of personal data of a child without parental consent, as the controller must also consider the impact of the processing on the rights and freedoms of the child, and whether the processing is necessary and proportionate for the pursuit of that interest. Moreover, the controller must balance the legitimate business interest against the interests or rights of the child, and ensure that the processing does not cause any harm or disadvantage to the child. If the processing involves the use of personal data of a child for the purposes of marketing or creating personality or user profiles, the controller must obtain the consent of the holder of parental responsibility over the child, unless the child is old enough to give their own consent, as these purposes pose a high risk to the child’s privacy and autonomy. References: GDPR Article 6, GDPR Article 8, GDPR Recital 38, Children and the UK GDPR | ICO, Guidelines on consent under Regulation 2016/679 - European Data Protection Board

The General Data Protection Regulation (GDPR) introduces a mechanism for personal data transfers to third countries or international organisations that do not ensure an adequate level of data protection, based on approved certifications. According to Article 46 of the GDPR, contractual clauses ensuring appropriate data protection safeguards can be used as a ground for data transfers from the EU to third countries. This includes model contract clauses – so-called standard contractual clauses (SCCs) – that have been “pre-approved” by the European Commission.

On 4 June 2021, the Commission issued modernised standard contractual clauses under the GDPR for data transfers from controllers or processors in the EU/EEA (or otherwise subject to the GDPR) to controllers or processors established outside the EU/EEA (and not subject to the GDPR). These modernised SCCs replace the three sets of SCCs that were adopted under the previous Data Protection Directive 95/46. The Commission developed Questions and Answers (Q&As) to provide practical guidance on the use of the SCCs and assist stakeholders in their compliance efforts under the GDPR.

The Q&As state that businesses must do all of the following:

Consider the new optional docking clause, which expressly permits adding new parties to the SCCs. According to the Q&As, the docking clause allows controllers and processors that are not part of the original contract to accede to the SCCs at a later stage, either as data exporters or importers. This clause is intended to facilitate the use of the SCCs in complex processing chains and to avoid the need to enter into multiple contracts.

Migrate all contracts entered into before September 27, 2021, that use the old SCCs to the new SCCs by December 27, 2022. According to the Q&As, the old SCCs will be repealed on September 27, 2021. However, contracts concluded before that date on the basis of the old SCCs will remain valid until December 27, 2022, provided that the processing operations that are the subject matter of the contract remain unchanged and that reliance on those clauses ensures that the transfer of personal data is subject to appropriate safeguards within the meaning of Article 46(1) of the GDPR. After December 27, 2022, the old SCCs will no longer provide a valid legal basis for data transfers to third countries, and the new SCCs will have to be used instead.

Take steps to flow down the new SCCs to relevant parts of their supply chain using the new SCCs as of September 27, 2021, if the business is a data importer. According to the Q&As, the new SCCs require data importers to enter into contracts with any subprocessors that process the personal data transferred under the SCCs, and to include in those contracts the same data protection obligations as those imposed on the data importer under the SCCs. This means that data importers must ensure that the new SCCs are flowed down to their subprocessors as of September 27, 2021, and that any changes in the subprocessors are notified to the data exporter, who has the right to object.

The Q&As do not state that businesses must do the following:

Implement the new SCCs in the U.K. following Brexit, as the U.K. Information Commissioner’s Office does not have the authority to publish its own set of SCCs. This is not a valid statement, as the U.K. has its own data protection regime after leaving the EU, and the U.K. Information Commissioner’s Office (ICO) has the power to issue its own SCCs for data transfers from the U.K. to third countries. According to the ICO website, the ICO is currently developing bespoke U.K. SCCs, which will be subject to a public consultation and an opinion from the European Data Protection Board (EDPB). Until the U.K. SCCs are finalised, the ICO advises businesses to continue to use the EU SCCs for new contracts, as these clauses have been recognised as a valid transfer mechanism under the U.K. data protection law. However, the ICO also warns businesses that they may need to amend the EU SCCs to reflect that the U.K. is no longer an EU member state, and that they will need to update their contracts to the U.K. SCCs once they are available.

References:

GDPR, Articles 3, 4, 28, 29, 32, 44, 45, 46, 47, 48 and 49.

New Standard Contractual Clauses - Questions and Answers overview, paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11.

Standard Contractual Clauses (SCC), paragraphs 1, 2, 3, 4, 5, 6, 7 and 8.

[Using international data transfers], paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10.

According to the Treaty on European Union (TEU), the European Parliament shall, jointly with the Council, exercise legislative and budgetary functions. It shall also exercise functions of political control and consultation as laid down in the Treaties1. The Council of the European Union, also known as the Council, is the institution that represents the governments of the Member States. Together with the European Parliament, it adopts European legislation and coordinates the policies of the Member States2. The other options are not correct because: (A) The European Commission is the institution that proposes and implements EU policies, ensures the application of EU law, and represents the Union in international affairs3; (B) The Article 29 Working Party was an advisory body composed of representatives of the national data protection authorities, the European Data Protection Supervisor and the European Commission. It was replaced by the European Data Protection Board in 20184; (D) The European Data Protection Board is an independent body that ensures the consistent application of the General Data Protection Regulation and promotes cooperation among the national data protection authorities5. References: 1: Article 14(1) of the TEU; 2: The Council of the European Union; 3: The European Commission; 4: Article 29 Working Party; 5: [European Data Protection Board].

cloud computing services are defined as the on-demand availability of computing resources (such as storage and infrastructure), as services over the internet. Cloud computing services share certain characteristics, such as on-demand self-service, broad network access, resource pooling, rapid elasticity, measured service, multi-tenancy, virtualization, resilient computing, flexible pricing models, security, automation, and sustainability234.

One of the characteristics that is not recognized as a common characteristic of cloud computing services is that the supplier assumes the vendor’s business risk associated with data processed by the supplier. This is not a characteristic of cloud computing services, but rather a contractual or legal issue that depends on the agreement between the supplier and the vendor. The supplier and the vendor may have different roles and responsibilities regarding the data processed by the supplier, such as controller, processor, or sub-processor, and they may have different obligations and liabilities under the applicable data protection laws, such as the GDPR. Therefore, the supplier does not necessarily assume the vendor’s business risk associated with data processed by the supplier, unless it is explicitly agreed by the parties or required by the law.

The transparency principle, as stated in Article 5(1)(a) of the GDPR, requires that personal data be processed lawfully, fairly and in a transparent manner in relation to the data subject. This principle is closely linked to the right to be informed, as specified in Articles 13 and 14 of the GDPR, which oblige the controller to provide the data subject with certain information about the processing of their personal 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 of the personal data, the existence of the data subject’s rights, and the retention period or criteria for the personal data. The right to be informed aims to ensure that the data subject is aware of and can verify the lawfulness of the processing, and to enable them to exercise their rights effectively. Therefore, the transparency principle is most directly related to the right to be informed. References:

Article 5(1)(a) of the GDPR

Article 13 of the GDPR

Article 14 of the GDPR

IAPP CIPP/E Study Guide, page 31

According to the GDPR, personal data must be kept in a form that permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed1. Therefore, the data storage period of the backup system must be aligned with this principle and reviewed regularly. Moreover, the GDPR requires that when a controller (the company) uses a processor (AWS) to process personal data on its behalf, it must ensure that the processor provides sufficient guarantees to implement appropriate technical and organizational measures to meet the requirements of the GDPR and ensure the protection of the rights of the data subjects2. This is usually done by signing a data processing agreement that sets out the subject matter and duration of the processing, the nature and purpose of the processing, the type of personal data and categories of data subjects, and the obligations and rights of the controller3. AWS offers a GDPR-compliant Data Processing Addendum (DPA) that is incorporated into the AWS Service Terms and applies automatically to all customers who require it to comply with the GDPR4. References:

Free CIPP/E Study Guide, page 24, section 4.2.1

Free CIPP/E Study Guide, page 25, section 4.3

GDPR, Article 28

GDPR - Amazon Web Services (AWS), section “GDPR resources”

A Data Protection Impact Assessment (DPIA) is required under Article 35 of the GDPR when data processing is likely to result in a high risk to individuals' rights and freedoms. This includes processing involving new technologies, systematic monitoring, or the large-scale processing of sensitive data​.

When should a DPIA be conducted?

Before implementing a new high-risk processing activity (e.g., a biometric access system).

Whenever a significant change in risk occurs (e.g., security updates, regulatory changes, new threats).

Regularly to reassess and mitigate emerging risks​.

Why is B the correct answer?

DPIAs are not a one-time process; they must be reviewed periodically to assess new risks​.

Why are other answers incorrect?

A (After the complaint) → A DPIA is a proactive measure, not something done only after a complaint.

C (At the end of the season) → GDPR does not require assessments to be tied to event cycles.

D (After regulatory notification) → DPIAs must be done before investigations, not as a response.

Conclusion: DPIAs should be conducted periodically when new risks arise, making B the correct answer​.

 According to the Free CIPP/E Study Guide, page 16, “the GDPR provides for a one-stop-shop mechanism, which means that a controller or processor with establishments in several Member States will have only one supervisory authority as its interlocutor, which will act as the lead authority. However, this does not mean that the lead authority has exclusive competence to supervise all processing activities of the controller or processor throughout the EU. The GDPR also allows for the possibility of a relevant and reasoned objection by a concerned supervisory authority, which may trigger the consistency mechanism and the involvement of the European Data Protection Board (EDPB). Moreover, the GDPR recognizes the right of any supervisory authority to adopt urgent measures on its own territory or to commence legal proceedings before a court in its Member State in order to protect the rights and freedoms of data subjects.” Therefore, the lead regulator should accept the Spanish supervisory authority’s notice that it plans to take action regarding Sofia’s complaint, as the GDPR permits non-lead authorities to take action for such complaints, especially when they involve urgent measures or legal proceedings to protect the data subjects’ rights and freedoms. The other options are incorrect, as they do not reflect the GDPR’s provisions on the one-stop-shop mechanism and the cooperation and consistency mechanisms. References:

Free CIPP/E Study Guide, page 16

GDPR, Articles 56, 60, 61, 62, 63, 64, 65 and 66