Pass the IAPP Certified Information Privacy Professional CIPP-E Questions and answers with CertsForce

The GDPR defines personal data as “any information relating to an identified or identifiable natural person” (Article 4(1)). This includes names, quotations, and any other data that can be linked to a specific individual. The GDPR also requires that personal data be processed lawfully, fairly, and transparently, and that it be collected for specified, explicit, and legitimate purposes (Article 5(1)). Furthermore, the GDPR grants data subjects the right to object to the processing of their personal data for direct marketing purposes or for the purposes of the legitimate interests of the controller or a third party (Article 21).

In this scenario, Serge may have grounds to object to the use of his quotation on Brady Box’s home webpage, as it constitutes the processing of his personal data outside of the original purpose for which it was collected. Serge posted the quotation on Brady Box’s SNS, which is a separate service from Brady Box’s web page design service. By using the quotation on the home webpage, Brady Box is processing Serge’s personal data for a different purpose than the one for which Serge provided it, and without his consent or a legitimate interest. This may violate the principles of purpose limitation and lawfulness under the GDPR. Moreover, Serge may object to the use of his quotation as it implies his endorsement of Brady Box’s service, which may affect his reputation or interests.

The other options are less likely to be valid grounds for objection, as they are not directly related to the GDPR’s provisions on personal data protection. The misrepresentation of personal data as an endorsement may be a matter of contract law or consumer protection law, but not necessarily a GDPR issue. The juxtaposition of the quotation with others’ quotations may not affect Serge’s rights or interests, unless it creates a false or misleading impression of his views or opinions. The misapplication of the household exception in relation to a SNS may not apply in this case, as the household exception only covers the processing of personal data by a natural person in the course of a purely personal or household activity (Article 2(2)©). Serge’s posting of the quotation on a SNS may not qualify as a purely personal or household activity, as it involves the disclosure of personal data to a wider audience.

References:

GDPR

GDPR and social media

How does GDPR affect social media marketing?

Data Protection & Social Media: How GDPR Influences Today’s Social Media Marketing

According to Article 3 of the GDPR, the regulation applies to the processing of personal data in the context of the activities of an establishment of a controller or a processor in the EU, regardless of whether the processing takes place in the EU or not. The regulation also applies to the processing of personal data of data subjects who are in the EU by a controller or processor not established in the EU, where the processing activities are related to the offering of goods or services to such data subjects in the EU or the monitoring of their behaviour as far as their behaviour takes place within the EU. In this case, MagicClean is a controller not established in the EU, and it does not offer services to EU data subjects or monitor their behaviour. Therefore, MagicClean is not subject to the GDPR, even if it uses a processor located in France to optimize its data. The location of the processor does not determine the applicability of the GDPR, but the context of the activities of the controller or the processor and the relationship with the data subjects. References:

Article 3 of the GDPR

IAPP CIPP/E Study Guide, page 14

The General Data Protection Regulation (GDPR) introduces a duty for controllers to notify the competent supervisory authority of a personal data breach without undue delay and, where feasible, not later than 72 hours after having become aware of it, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons. The GDPR also requires controllers to communicate the personal data breach to the affected data subjects without undue delay, when the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons.

The GDPR applies to the processing of personal data in the context of the activities of an establishment of a controller or a processor in the EU, regardless of whether the processing takes place in the EU or not. The GDPR also applies to the processing of personal data of data subjects who are in the EU by a controller or processor not established in the EU, where the processing activities are related to the offering of goods or services to data subjects in the EU or the monitoring of their behaviour as far as their behaviour takes place within the EU.

The GDPR provides that where a controller or a processor is not established in the EU, but is subject to the GDPR, the controller or the processor shall designate in writing a representative in the EU. The representative shall be established in one of the member states where the data subjects, whose personal data are processed in relation to the offering of goods or services to them, or whose behaviour is monitored, are. The representative shall act on behalf of the controller or the processor and may be addressed by any supervisory authority or data subject on any issues related to the processing of personal data under the GDPR.

The GDPR also establishes a one-stop shop mechanism, which aims to ensure the consistent and effective application of the GDPR across the EU. The one-stop shop mechanism allows a controller or a processor with establishments in several member states to have a single supervisory authority as its interlocutor, which is the supervisory authority of the main establishment or of the single establishment of the controller or processor. The one-stop shop mechanism also enables a controller or a processor that is not established in the EU, but is subject to the GDPR, to deal with a single lead supervisory authority, which is the supervisory authority of the member state where the representative of the controller or processor is established.

Based on the GDPR and the guidelines of the European Data Protection Board (EDPB), if a controller that is not established in the EU but still subject to the GDPR becomes aware of a personal data breach, the controller must notify the supervisory authority of the EU member state in which the controller’s EU representative (pursuant to Article 27) is established. This is the only supervisory authority that the controller must notify, as the controller benefits from the one-stop shop mechanism and has a single lead supervisory authority. The controller does not need to notify every supervisory authority of the EU member states where the controller is offering goods or services or where the affected data subjects reside, as this would be contrary to the principle of consistency and the aim of simplification of the one-stop shop mechanism.

References:

GDPR, Articles 3, 4, 27, 28, 29, 33, 34, 51, 55, 56, 57, 58, 60, 61, 62, 63, 64, 65, 66, 67, and 68.

EDPB Guidelines 9/2022 on personal data breach notification under GDPR, pages 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 16.

EDPB Guidelines 07/2020 on the concepts of controller and processor in the GDPR, pages 19, 20, 21, 22, 23, 24, 25, 26, 27, and 28.

EDPB Guidelines 3/2018 on the territorial scope of the GDPR, pages 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15.

According to the WP29 guidance on DPIA1, conducting a single DPIA to address multiple processing operations is allowed when the following conditions are met:

The processing operations present similar high risks, which would result in very similar mitigating measures;

The DPIA is reviewed and updated regularly to take into account any changes or new risks;

The DPIA is complemented by ad hoc assessments where necessary to address more specific issues.

The WP29 guidance cites the example of a railway operator who plans to evaluate the same video surveillance in all the train stations of his company as a case where a single DPIA would be sufficient, provided that the above conditions are met2. The other options do not meet these conditions, as they involve different types of processing operations, different purposes, different data subjects, or different technologies. References:

WP29 guidance on DPIA

WP29 guidance on DPIA, page 16

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

The GDPR applies to the processing of personal data of data subjects who are in the EU, regardless of their nationality or residence. This means that non-EU residents who are physically located in the EU are protected by the GDPR, and EU residents who are outside the EU are not. However, this does not mean that non-EU residents who are outside the EU can be asked to waive their GDPR rights by a company that is subject to the GDPR. The GDPR does not allow such waivers, as they would undermine the essence of the fundamental rights and freedoms of data subjects. The GDPR also requires that data subjects are provided with clear and transparent information about the processing of their personal data, and that they give their consent freely, specifically, informedly and unambiguously. A blanket waiver of GDPR rights does not meet these criteria, and would therefore be invalid and unenforceable.

References:

•GDPR Article 3 - Territorial scope1

•GDPR Article 7 - Conditions for consent2

•GDPR Article 25 - Data protection by design and by default3

•GDPR Recital 171 - Relationship with previously concluded agreements4

According to Article 46(2)© of the GDPR, standard contractual clauses adopted by a supervisory authority and approved by the Commission pursuant to the examination procedure referred to in Article 93(2) can be used as a legal basis for data transfers to third countries12. This means that, in addition to the European Commission, national data protection authorities can adopt standard contractual clauses, provided that they meet the conditions and requirements set out in the GDPR and obtain the approval of the Commission. The other options are not correct, as approved data controllers, the Council of the European Union and the European Data Protection Supervisor do not have the power to adopt standard contractual clauses under the GDPR. References: CIPP/E Certification - International Association of Privacy Professionals, Free CIPP/E Study Guide - International Association of Privacy Professionals, GDPR - EUR-Lex, Standard Contractual Clauses (SCC) - European Commission

I hope this helps. If you have any other questions, please let me know. ????.

The ECHR and the CJEU are part of two different legal systems: the Council of Europe and the European Union, respectively. The ECHR is a treaty that guarantees human rights and fundamental freedoms to individuals within the jurisdiction of its 47 member states. The CJEU is the judicial branch of the EU that ensures the uniform interpretation and application of EU law within its 27 member states. The ECHR can only hear complaints from individuals or states alleging violations of the rights enshrined in the convention, and it can only issue judgments that are binding on the respondent state. The CJEU, on the other hand, can hear cases from individuals, states, EU institutions, or national courts on any matter of EU law, and it can issue rulings that are binding on all EU member states and institutions. The CJEU can also impose sanctions or penalties on states that fail to comply with its judgments or EU law in general. Therefore, the CJEU has more power and authority to enforce EU law than the ECHR has to enforce human rights law. References: CIPP/E Certification, ECHR and the CJEU, The UK, the EU and a British Bill of Rights