PECB Certified Data Protection Officer GDPR Question # 23 Topic 3 Discussion

PECB Certified Data Protection Officer GDPR Question # 23 Topic 3 Discussion

GDPR Exam Topic 3 Question 23 Discussion:
Question #: 23
Topic #: 3

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:

Considering the GDPR's territorial scope and thedata processing agreementbetween COR Bank and Tibko, which of the following best describes Tibko's obligations under the GDPR?


A.

Tibko's compliance with GDPR is limited to implementing technical safeguards for data storage,as stipulated by the data processing agreement with COR Bank.


B.

Tibko must adhere to all GDPR provisions independently, including determining the purpose of processing personal data, as a processor acting under COR Bank's authority.


C.

Tibko is required to comply with the GDPR because it processes personal data on behalf of COR Bank, and COR Bank determines the purpose of processing under their agreement.


D.

Tibko is not subject to GDPR since it is located outside the EU and only provides IT services.


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