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IAPP CIPP-E exam, or the Certified Information Privacy Professional/Europe (CIPP/E), is a certification exam designed for professionals who want to demonstrate their expertise in European data protection laws and regulations. CIPP-E exam is intended to test a candidate's knowledge of the General Data Protection Regulation (GDPR) and other relevant privacy laws in Europe. The IAPP CIPP-E Certification is highly respected in the privacy industry and can be a valuable credential for professionals looking to advance their careers.

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IAPP Certified Information Privacy Professional/Europe (CIPP/E) Sample Questions (Q258-Q263):

NEW QUESTION # 258
What are the obligations of a processor that engages a sub-processor?

A. The processor must obtain the consent of the controller and ensure the sub-processor complies with data processing obligations that are equivalent to those that apply to the processor.
B. The processor must receive a written agreement that the sub-processor will be fully liable to the controller for the performance of its obligations in relation to the personal data concerned.
C. The processor must give the controller prior written notice and perform a preliminary audit of the sub- processor.
D. The processor must obtain the controller's specific written authorization and provide annual reports on the sub-processor's performance.

Answer: A

Explanation:
According to Article 28(2) of the GDPR, the processor may not engage another processor (sub-processor) without the prior specific or general written authorization of the controller. In the case of general written authorization, the processor must inform the controller of any intended changes concerning the addition or replacement of other processors, thereby giving the controller the opportunity to object to such changes. Furthermore, Article 28(4) of the GDPR states that where a processor engages another processor for carrying out specific processing activities on behalf of the controller, the same data protection obligations as set out in the contract or other legal act between the controller and the processor shall be imposed on that other processor by way of a contract or other legal act under Union or Member State law, in particular providing sufficient guarantees to implement appropriate technical and organizational measures in such a manner that the processing will meet the requirements of the GDPR. Therefore, the processor must ensure that the sub-processor complies with data processing obligations that are equivalent to those that apply to the processor. Reference:
Article 28 of the GDPR
European Data Protection Law & Practice textbook, Chapter 6: Data Processing Obligations, Section 6.3: Processor Obligations, Subsection 6.3.2: Sub-processors

NEW QUESTION # 259
Under the GDPR, which of the following is true in regard to adequacy decisions involving cross-border transfers?

A. To be considered as adequate, third countries must implement the EU General Data Protection Regulation into their national legislation.
B. The European Commission can adopt, repeal or amend an existing adequacy decision.
C. EU member states are vested with the power to accept or reject a European Commission adequacy decision.
D. The European Commission can adopt an adequacy decision for individual companies.

Answer: D

Explanation:
Explanation/Reference: https://www.futurelearn.com/courses/general-data-protection-regulation/0/steps/32449

NEW QUESTION # 260
Under what circumstances might the "soft opt-in" rule apply in relation to direct marketing?

A. Where an individual is given the ability to unsubscribe from marketing emails sent to him.
B. When an individual's details are obtained from their inquiries about buying a product.
C. When an individual has not consented to the marketing.
D. Where an individual's details have been obtained from a bought-in marketing list.

Answer: A

NEW QUESTION # 261
SCENARIO
Please use the following to answer the next question:
Jane Stan's her new role as a Data Protection Officer (DPO) at a Malta-based company that allows anyone to buy and sell cryptocurrencies via its online platform. The company stores and processes the personal data of its customers in a dedicated data center located in Malta (EU).
People wishing to trade cryptocurrencies are required to open an online account on the platform. They then must successfully pass a KYC due diligence procedure aimed at preventing money laundering and ensuring compliance with applicable financial regulations.
The non-European customers are also required to waive all their GDPR rights by reading a disclaimer written in bold and belong a checkbox on a separate page in order to get their account approved on the platform.
The customers must likewise accept the terms of service of the platform. The terms of service also include a privacy policy section, saying, among other things, that if a Are the cybersecurity assessors required to sign a data processing agreement with the company in order to comply with the GDPR''

A. Yes. the assessors a-e considered to be joint data controllers and must sign a mutual data processing agreement.
B. No, the assessors do not quality as data processors as they only have access to encrypted data.
C. No. the assessors do not quality as data processors as they do not copy the data to their facilities.
D. Yes, the assessors are data processors and their processing of personal data must be governed by a separate contract or other legal act.

Answer: D

Explanation:
According to the GDPR, a data processor is any person or entity that processes personal data on behalf of a data controller1. A data controller is the one who determines the purposes and means of the processing of personal data1. A data processing agreement (DPA) is a contractual document that sets out the rights and obligations of both parties regarding data protection2. The GDPR requires that a data controller who engages a data processor must enter into a written contract or legal act along the lines set out in Article 28.3 of the GDPR3. The DPA must specify, among other things, the subject matter, duration, nature and purpose of the processing, the type of personal data and categories of data subjects, and the obligations and rights of the controller3.
In this scenario, the company is the data controller, as it determines the purposes and means of processing the personal data of its customers. The cybersecurity assessors are data processors, as they process the personal data of the customers on behalf of the company. The assessors have access to the personal data, even if it is encrypted, and they perform a specific technical service for the company. Therefore, the assessors are required to sign a DPA with the company in order to comply with the GDPR. The DPA will define the scope, nature and purpose of the processing, the security measures to be implemented, the notification procedures in case of a data breach, and the rights and obligations of both parties. Reference: 1: Article 4 of the GDPR2: Data Processing Agreement (Template) - GDPR.eu3: Article 28 of the GDPR.

NEW QUESTION # 262
SCENARIO
Please use the following to answer the next question:
Brady is a computer programmer based in New Zealand who has been running his own business for two years. Brady's business provides a low-cost suite of services to customers throughout the European Economic Area (EEA). The services are targeted towards new and aspiring small business owners. Brady's company, called Brady Box, provides web page design services, a Social Networking Service (SNS) and consulting services that help people manage their own online stores.
Unfortunately, Brady has been receiving some complaints. A customer named Anna recently uploaded her plans for a new product onto Brady Box's chat area, which is open to public viewing. Although she realized her mistake two weeks later and removed the document, Anna is holding Brady Box responsible for not noticing the error through regular monitoring of the website. Brady believes he should not be held liable.
Another customer, Felipe, was alarmed to discover that his personal information was transferred to a third- party contractor called Hermes Designs and worries that sensitive information regarding his business plans may be misused. Brady does not believe he violated European privacy rules. He provides a privacy notice to all of his customers explicitly stating that personal data may be transferred to specific third parties in fulfillment of a requested service. Felipe says he read the privacy notice but that it was long and complicated Brady continues to insist that Felipe has no need to be concerned, as he can personally vouch for the integrity of Hermes Designs. In fact, Hermes Designs has taken the initiative to create sample customized banner advertisements for customers like Felipe. Brady is happy to provide a link to the example banner ads, now posted on the Hermes Designs webpage. Hermes Designs plans on following up with direct marketing to these customers.
Brady was surprised when another customer, Serge, expressed his dismay that a quotation by him is being used within a graphic collage on Brady Box's home webpage. The quotation is attributed to Serge by first and last name. Brady, however, was not worried about any sort of litigation. He wrote back to Serge to let him know that he found the quotation within Brady Box's Social Networking Service (SNS), as Serge himself had posted the quotation. In his response, Brady did offer to remove the quotation as a courtesy.
Despite some customer complaints, Brady's business is flourishing. He even supplements his income through online behavioral advertising (OBA) via a third-party ad network with whom he has set clearly defined roles. Brady is pleased that, although some customers are not explicitly aware of the OBA, the advertisements contain useful products and services.
Based on current trends in European privacy practices, which aspect of Brady Box' Online Behavioral Advertising (OBA) is most likely to be insufficient if the company becomes established in Europe?

A. The lack of the option to opt in.
B. The need to have the contents of the advertising approved.
Section: (none)
Explanation
C. The level of security within the website.
D. The contract with the third-party advertising network.

Answer: A

NEW QUESTION # 263
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