GDPR LEAD2PASS | EXAM GDPR CRAM

GDPR Lead2pass | Exam GDPR Cram

GDPR Lead2pass | Exam GDPR Cram

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PECB Certified Data Protection Officer Sample Questions (Q54-Q59):

NEW QUESTION # 54
Scenario5:
Recpond is a German employment recruiting company. Their services are delivered globally and include consulting and staffing solutions. In the beginning. Recpond provided its services through an office in Germany. Today, they have grown to become one of the largest recruiting agencies, providing employment to more than 500,000 people around the world. Recpond receives most applications through its website. Job searchers are required to provide the job title and location. Then, a list of job opportunities is provided. When a job position is selected, candidates are required to provide their contact details and professional work experience records. During the process, they are informed that the information will be used only for the purposes and period determined by Recpond. Recpond's experts analyze candidates' profiles and applications and choose the candidates that are suitable for the job position. The list of the selected candidates is then delivered to Recpond's clients, who proceed with the recruitment process. Files of candidates that are not selected are stored in Recpond's databases, including the personal data of candidates who withdraw the consent on which the processing was based. When the GDPR came into force, the company was unprepared.
The top management appointed a DPO and consulted him for all data protection issues. The DPO, on the other hand, reported the progress of all data protection activities to the top management. Considering the level of sensitivity of the personal data processed by Recpond, the DPO did not have direct access to the personal data of all clients, unless the top management deemed it necessary. The DPO planned the GDPR implementation by initially analyzing the applicable GDPR requirements. Recpond, on the other hand, initiated a risk assessment to understand the risks associated with processing operations. The risk assessment was conducted based on common risks that employment recruiting companies face. After analyzing different risk scenarios, the level of risk was determined and evaluated. The results were presented to the DPO, who then decided to analyze only the risks that have a greater impact on the company. The DPO concluded that the cost required for treating most of the identified risks was higher than simply accepting them. Based on this analysis, the DPO decided to accept the actual level of the identifiedrisks. After reviewing policies and procedures of the company. Recpond established a new data protection policy. As proposed by the DPO, the information security policy was also updated. These changes were then communicated to all employees of Recpond.Based on this scenario, answer the following question:
Question:
According to scenario 5, what should Recpond have considered whenassessing the risksrelated toprocessing operations?

  • A. Risks should be analyzedusing a quantitative approach, sincerisk scenariosmake the evaluation process difficult.
  • B. Risks should beassessed based on the risk-based approachadopted by the DPO.
  • C. Risks should be identifiedbased on threats and vulnerabilitiesthat the company faces.
  • D. Risks should be assessedonly when a supervisory authority requires it.

Answer: C

Explanation:
UnderArticle 32 of GDPR, risk assessments should be based onthreats, vulnerabilities, and potential impacton data subjects. Organizations must identify and mitigate risks topersonal data security.
* Option A is correctbecauserisk identification should consider threats, vulnerabilities, and impact.
* Option B is incorrectbecauserisk can be assessed qualitatively or quantitatively, depending on the approach used.
* Option C is incorrectbecauseDPOs do not define an organization's risk-based approach.
* Option D is incorrectbecauserisk assessment is mandatory under GDPR, not only when a supervisory authority requests it.
References:
* GDPR Article 32(1)(Risk-based approach to security)
* Recital 83(Risk assessment in data protection)


NEW QUESTION # 55
Question:
According toArticle 82 of GDPR, when must aprocessor be held liablefordamage caused by processing?

  • 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.

Answer: B

Explanation:
UnderArticle 82(2) of GDPR,processors can be held liablefor data breachesif they act outside or against the controller's instructions. Processors mustcomply with the controller's directivesor be held accountable.
* Option B is correctbecauseprocessors are liable if they fail to follow the controller's instructions.
* Option A is incorrectbecauseprocessors do not take instructions directly from data subjects.
* Option C is incorrectbecauseDPOs do not issue legally binding instructions to processors.
* Option D is incorrectbecauseprocessors share liability under GDPR.
References:
* GDPR Article 82(2)(Processor liability for non-compliance)
* Recital 146(Joint liability between controllers and processors)


NEW QUESTION # 56
Scenario5:
Recpond is a German employment recruiting company. Their services are delivered globally and include consulting and staffing solutions. In the beginning. Recpond provided its services through an office in Germany. Today, they have grown to become one of the largest recruiting agencies, providing employment to more than 500,000 people around the world. Recpond receives most applications through its website. Job searchers are required to provide the job title and location. Then, a list of job opportunities is provided. When a job position is selected, candidates are required to provide their contact details and professional work experience records. During the process, they are informed that the information will be used only for the purposes and period determined by Recpond. Recpond's experts analyze candidates' profiles and applications and choose the candidates that are suitable for the job position. The list of the selected candidates is then delivered to Recpond's clients, who proceed with the recruitment process. Files of candidates that are not selected are stored in Recpond's databases, including the personal data of candidates who withdraw the consent on which the processing was based. When the GDPR came into force, the company was unprepared.
The top management appointed a DPO and consulted him for all data protection issues. The DPO, on the other hand, reported the progress of all data protection activities to the top management. Considering the level of sensitivity of the personal data processed by Recpond, the DPO did not have direct access to the personal data of all clients, unless the top management deemed it necessary. The DPO planned the GDPR implementation by initially analyzing the applicable GDPR requirements. Recpond, on the other hand, initiated a risk assessment to understand the risks associated with processing operations. The risk assessment was conducted based on common risks that employment recruiting companies face. After analyzing different risk scenarios, the level of risk was determined and evaluated. The results were presented to the DPO, who then decided to analyze only the risks that have a greater impact on the company. The DPO concluded that the cost required for treating most of the identified risks was higher than simply accepting them. Based on this analysis, the DPO decided to accept the actual level of the identified risks. After reviewing policies and procedures of the company. Recpond established a new data protection policy. As proposed by the DPO, the information security policy was also updated. These changes were then communicated to all employees of Recpond.Based on this scenario, answer the following question:
Question:
Based on scenario 5, theDPO reports directly to Recpond's top management. Is this in alignment with GDPR requirements?

  • A. No, DPOs should report directly todepartment heads, not top management.
  • B. No,Article 38of the GDPR requires that the DPO reports directly to thesupervisory authorityto ensure independence in performing their tasks.
  • C. Yes, based on GDPR, the controller may chooseany reporting structurefor the DPO, including top and middle management.
  • D. Yes,Article 38of the GDPR requires that the DPO reports directly to the highest management level of the controller.

Answer: D

Explanation:
UnderArticle 38(3) of GDPR, theDPO must report directly to the highest level of managementto ensure independenceandavoid interferencein their tasks.
* Option A is correctbecauseGDPR requires direct reporting to top management.
* Option B is incorrectbecause theDPO does not report to the supervisory authority, buttheycan liaise with it.
* Option C is incorrectbecauseGDPR does not allow reporting to middle management.
* Option D is incorrectbecausedepartment heads cannot oversee the DPO's work, ensuring they remainfree from conflict of interest.
References:
* GDPR Article 38(3)(DPO must report to highest management)
* Recital 97(DPO's independence and protection from undue influence)


NEW QUESTION # 57
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, Bercshared personal information of its clients with an international marketing companyeven thoughan adequacy decision was absent. Which of the following is avalid reasonto do so?

  • A. Authorization for data transfer from Berc'sChief Information Security Officer (CISO)is obtained.
  • B. The marketing company's reputation ensures compliance with data protection standards.
  • C. Thecontroller or processor provides appropriate safeguardsfor data protection.
  • D. The transfer of data does not depend on the adoption of an adequacy decision by the country where the company is located.

Answer: C

Explanation:
UnderArticle 46 of GDPR, in theabsence of an adequacy decision, controllers can transfer dataonly if appropriate safeguards(e.g., Standard Contractual Clauses, Binding Corporate Rules) are in place.
* Option C is correctbecausesafeguards such as SCCsallow data transfers when no adequacy decision exists.
* Option A is incorrectbecauseadequacy decisions are a legal requirement, not optional.
* Option B is incorrectbecausea CISO cannot authorize GDPR data transfers.
* Option D is incorrectbecausereputation does not ensure GDPR compliance.
References:
* GDPR Article 46(1)(Appropriate safeguards for data transfers)
* Recital 108(Legally binding commitments for data protection)


NEW QUESTION # 58
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:
The GDPR indicates that the processing of personal data should be based on alegal contractwith the data subject. Based on scenario 6, has Soyled fulfilled this requirement?

  • A. Yes, once the account is created, Soyled informs its customers that their personal data will be shared with the network.
  • B. No, because Soyled did not obtain explicit consent for data processing.
  • C. Yes, data subjects are informed about the purpose of collecting the email address and phone number before the data is collected.
  • D. No, data subjects are informed that the personal data will be shared with Soyled's networkonly afterthe personal data is collected.

Answer: D

Explanation:
UnderArticle 6(1) of GDPR, processing personal data must have alawful basis, such as consent, contract, legal obligation, or legitimate interest. Additionally, underArticle 13, controllers must inform usersbefore collecting their data.
Soyledfailed to disclosethat personal data would be shared with the networkbefore collection, whichviolates GDPR transparency requirements.Option C is correct.Option Ais incorrect because informing about email collection does not mean lawful processing.Option Bis incorrect because the information was not disclosed at the right time.Option Dis incorrect because explicit consent is not necessarily required if another lawful basis applies.
References:
* GDPR Article 6(1)(Lawfulness of processing)
* GDPR Article 13(1)(Transparency in data processing)


NEW QUESTION # 59
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