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Hot Certification GDPR Exam | Valid PECB GDPR: PECB Certified Data Protection Officer 100% Pass
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PECB Certified Data Protection Officer Sample Questions (Q72-Q77):
NEW QUESTION # 72
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 topmanagement. 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:
Which statement regarding thematerial scope of the GDPRisincorrect?
- A. The GDPR applies to theprocessing of personal datawholly or partly byautomated means.
- B. The GDPR applies to theprocessing of personal datain the course of an activity thatfalls outside the scope of Union law.
- C. The GDPR applies to theprocessing of personal databy a company established in the EEA, even if the data subjects are located outside the EEA.
- D. The GDPR does not apply to theprocessing of personal databyMember Stateswhen carrying out activitiesthat fall within the scope of the Treaty on European Union (TEU).
Answer: B
Explanation:
Thematerial scopeof the GDPR is outlined inArticle 2. It applies to theprocessing of personal databy automated meansandtonon-automated processingif the datais part of a filing system. TheGDPR does not apply to activities outside the scope of Union law, such asnational security activities, which areexcluded under Recital 16.
* Option B is correctbecause the GDPRdoes notapply to activitiesfalling outside the scope of Union law, such as law enforcement operations covered by theLaw Enforcement Directive (EU 2016/680).
* Option A is incorrectbecauseautomated processingis explicitly covered by GDPR.
* Option C is incorrectbecausedata processing by Member States under TEU (e.g., national security and defense) is excluded.
* Option D is incorrectbecause GDPRapplies to controllers/processors established in the EEA, even if data subjects are outside the EEA (Article 3(1)).
References:
* GDPR Article 2(2)(a)(Exclusion of activities outside EU law)
* GDPR Article 3(1)(Territorial scope)
* Recital 16(GDPR does not apply to national security)
NEW QUESTION # 73
Question:
Based onArticle 58 of GDPR, whatpowersmust thesupervisory authorityhave?
- A. Toapprove all privacy policiesbefore they are implemented.
- B. Toobtain access to any premisesof the controller and processor, including data processing equipment.
- C. Toappoint a single DPOin a group of undertakings.
- D. Toassign the tasks of the controller or the processorand monitor their implementation.
Answer: B
Explanation:
UnderArticle 58 of GDPR,supervisory authorities have investigative and corrective powers, includingthe ability to access premises and equipmentused for personal data processing.
* Option B is correctbecausesupervisory authorities can investigate controllers and processors, including accessing IT systems.
* Option A is incorrectbecausesupervisory authorities do not appoint DPOs; controllers and processors must do this themselves.
* Option C is incorrectbecausesupervisory authorities do not manage controllers' or processors' tasks.
* Option D is incorrectbecausesupervisory authorities do not pre-approve privacy policies.
References:
* GDPR Article 58(1)(f)(Supervisory authorities can access premises and data)
* Recital 129(Authorities must have investigation powers)
NEW QUESTION # 74
Scenario 8:MA store is an online clothing retailer founded in 2010. They provide quality products at a reasonable cost. One thing that differentiates MA store from other online shopping sites is their excellent customer service.
MA store follows a customer-centered business approach. They have created a user-friendly website with well-organized content that is accessible to everyone. Through innovative ideas and services, MA store offers a seamless user experience for visitors while also attracting new customers. When visiting the website, customers can filter their search results by price, size, customer reviews, and other features. One of MA store's strategies for providing, personalizing, and improving its products is data analytics. MA store tracks and analyzes the user actions on its website so it can create customized experience for visitors.
In order to understand their target audience, MA store analyzes shopping preferences of itscustomers based on their purchase history. The purchase history includes the product that was bought, shipping updates, and payment details. Clients' personal data and other information related to MA store products included in the purchase history are stored in separate databases. Personal information, such as clients' address or payment details, are encrypted using a public key. When analyzing the shopping preferences of customers, employees access only the information about the product while the identity of customers is removed from the data set and replaced with a common value, ensuring that customer identities are protected and cannot be retrieved.
Last year, MA store announced that they suffered a personal data breach where personal data of clients were leaked. The personal data breach was caused by an SQL injection attack which targeted MA store's web application. The SQL injection was successful since no parameterized queries were used.
Based on this scenario, answer the following question:
According to scenario 8, MA store analyzed shopping preferences of its customers by analyzing the product they have bought in the customer's purchase history. Which option is correct in this case?
- A. MA store can use this type of information for an indefinite period of time since it is anonymized
- B. MA store can use this type of information for a limited period of time since it is pseudonymized
- C. MA store can use this type of information only during the period for which data subjects have given consent
Answer: B
Explanation:
Since the data is pseudonymized (not fully anonymized), it remains personal data under GDPR and cannot be retained indefinitely. Article 5(1)(e) of GDPR states that personal data must be kept only for as long as necessary for the intended processing purpose. Additionally, Recital 26 of GDPR clarifies that pseudonymized data is still considered personal data if re-identification is possible. Therefore, MA Store must implement a retention policy that ensures the data is deleted or further anonymized once it is no longer needed for analysis.
NEW QUESTION # 75
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:
Is the transfer of data fromBerc to Untyin compliance with GDPR?
- A. Yes, Berc can transfer data to Unty because Switzerland provides a level of data protection that is
"essentially equivalent" to that of the EU. - B. No, Berc cannot transfer data to a company in Switzerland unless authorization from the supervisory authority in France is obtained.
- C. No, Berc must conduct a new DPIA before transferring data to Switzerland.
- D. Yes, Berc can transfer data to Unty because they collected data for the same purpose.
Answer: A
Explanation:
UnderArticle 45 of GDPR,data transfers to third countriesare lawful if the European Commission has adopted an adequacy decision, meaning the countryoffers equivalent protection to GDPR. Switzerland has such an adequacy decision, makingBerc's transfer lawful.
* Option A is correctbecause Switzerlandmeets GDPR adequacy standards.
* Option B is incorrectbecausehaving the same purpose does not automatically make the transfer lawful.
* Option C is incorrectbecauseno supervisory authorization is neededwhen an adequacy decision exists.
* Option D is incorrectbecausea DPIA is not required for a GDPR-compliant transfer.
References:
* GDPR Article 45(1)(Adequacy decisions for third countries)
* European Commission Decision on Switzerland's adequacy
NEW QUESTION # 76
Scenario 7: EduCCS is an online education platform based in Netherlands. EduCCS helps organizations find, manage, and deliver their corporate training. Most of EduCCS's clients are EU residents. EduCCS is one of the few education organizations that have achieved GDPR compliance since 2019. Their DPO is a full-time employee who has been engaged in most data protection processes within the organization. In addition to facilitating GDPR compliance, the DPO acts as an intermediary point between EduCCS and other relevant interested parties. EduCCS's users can benefit from the variety of up-to-date training library and the possibility of accessing it through their phones, tablets, or computers. EduCCS's services are offered through two main platforms: online learning and digital training. To use one of these platforms, users should sign on EduCCS's website by providing their personal information. Online learning is a platform in which employees of other organizations can search for and request the training they need. Through its digital training platform, on the other hand, EduCCS manages the entire training and education program for other organizations.
Organizations that need this type of service need to provide information about their core activities and areas where training sessions are needed. This information is then analyzed by EduCCS and a customized training program is provided. In the beginning, all IT-related serviceswere managed by two employees of EduCCS.
However, after acquiring a large number of clients, managing these services became challenging That is why EduCCS decided to outsource the IT service function to X-Tech. X-Tech provides IT support and is responsible for ensuring the security of EduCCS's network and systems. In addition, X-Tech stores and archives EduCCS's information including their training programs and clients' and employees' data. Recently, X-Tech made headlines in the technology press for being a victim of a phishing attack. A group of three attackers hacked X-Tech's systems via a phishing campaign which targeted the employees of the Marketing Department. By compromising X-Tech's mail server, hackers were able to gain access to more than 200 computer systems. Consequently, access to the networks of EduCCS's clients was also allowed. Using EduCCS's employee accounts, attackers installed a remote access tool on EduCCS's compromised systems.
By doing so, they gained access to personal information of EduCCS's clients, training programs, and other information stored in its online payment system. The attack was detected by X-Tech's system administrator.
After detecting unusual activity in X-Tech's network, they immediately reported it to the incident management team of the company. One week after being notified about the personal data breach, EduCCS communicated the incident to the supervisory authority with a document that outlined the reasons for the delay revealing that due to the lack of regular testing or modification, their incident response plan was not adequately prepared to handle such an attack.Based on this scenario, answer the following question:
Question:
What is therole of EduCCS' DPOin the situation described inscenario 7?
- A. TheDPO should respondto the personal data breach based on thebreach response planas defined by EduCCS.
- B. TheDPO should documentthe personal data breach andnotify the relevant partiesabout its occurrence.
- C. TheDPO should verifyif EduCCS hasadopted appropriate corrective measuresto minimize the risk of similar future breaches.
- D. TheDPO is responsiblefor contacting the affected data subjects and compensating them for any damages.
Answer: C
Explanation:
UnderArticle 39(1)(b) of GDPR, the DPO is responsible formonitoring compliance, includingensuring corrective actions are takento prevent future breaches.
* Option A is correctbecauseDPOs must assess whether corrective actions were taken.
* Option B is incorrectbecausethe DPO does not execute the breach response plan but advises on compliance.
* Option C is incorrectbecausedocumenting and reporting breaches is the responsibility of the controller, not solely the DPO.
* Option D is incorrectbecauseDPOs do not handle compensations-this is a legal issue determined by courts.
References:
* GDPR Article 39(1)(b)(DPO's role in monitoring compliance)
* Recital 97(DPO's advisory responsibilities)
NEW QUESTION # 77
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