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Top Valid Real CIPP-E Exam | Valid IAPP CIPP-E: Certified Information Privacy Professional/Europe (CIPP/E) 100% Pass

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IAPP Certified Information Privacy Professional/Europe (CIPP/E) Sample Questions (Q27-Q32):

NEW QUESTION # 27
SCENARIO
Please use the following to answer the next question:
Building Block Inc. is a multinational company, headquartered in Chicago with offices throughout the United States, Asia, and Europe (including Germany, Italy, France and Portugal). Last year the company was the victim of a phishing attack that resulted in a significant data breach. The executive board, in coordination with the general manager, their Privacy Office and the Information Security team, resolved to adopt additional security measures. These included training awareness programs, a cybersecurity audit, and use of a new software tool called SecurityScan, which scans employees' computers to see if they have software that is no longer being supported by a vendor and therefore not getting security updates. However, this software also provides other features, including the monitoring of employees' computers.
Since these measures would potentially impact employees, Building Block's Privacy Office decided to issue a general notice to all employees indicating that the company will implement a series of initiatives to enhance information security and prevent future data breaches.
After the implementation of these measures, server performance decreased. The general manager instructed the Security team on how to use SecurityScan to monitor employees' computers activity and their location.
During these activities, the Information Security team discovered that one employee from Italy was daily connecting to a video library of movies, and another one from Germany worked remotely without authorization. The Security team reported these incidents to the Privacy Office and the general manager. In their report, the team concluded that the employee from Italy was the reason why the server performance decreased.
Due to the seriousness of these infringements, the company decided to apply disciplinary measures to both employees, since the security and privacy policy of the company prohibited employees from installing software on the company's computers, and from working remotely without authorization.
What would be the MOST APPROPRIATE way for Building Block to handle the situation with the employee from Italy?

A. Since the GDPR does not apply to this situation, the company would be entitled to apply any disciplinary measure authorized under Italian labor law.
B. Since the employee was the cause of a serious risk for the server performance and their data, the company would be entitled to apply disciplinary measures to this employee, including fair dismissal.
C. Since the employee was not informed that the security measures would be used for other purposes such as monitoring, the company could face difficulties in applying any disciplinary measures to this employee.
D. Since this was a serious infringement, but the employee was not appropriately informed about the consequences the new security measures, the company would be entitled to apply some disciplinary measures, but not dismissal.

Answer: D

NEW QUESTION # 28
According to Article 84 of the GDPR, the rules on penalties applicable to infringements shall be laid down by?

A. The Member States.
B. The European Data Protection Board.
C. The local Data Protection Supervisory Authorities.
D. The EU Commission.

Answer: A

Explanation:
Reference:
According to Article 84 of the GDPR, the rules on other penalties applicable to infringements of the GDPR, in particular for infringements which are not subject to administrative fines pursuant to Article 83, shall be laid down by the Member States1. Such penalties shall be effective, proportionate and dissuasive1. Each Member State shall notify to the Commission the provisions of its law which it adopts pursuant to paragraph 1, by 25 May 2018 and, without delay, any subsequent amendment affecting them1. Reference: 1: Art. 84 GDPR - Penalties - General Data Protection Regulation (GDPR)

NEW QUESTION # 29
According to Article 14 of the GDPR, how long does a controller have to provide a data subject with necessary privacy information, if that subject's personal data has been obtained from other sources?

A. Within a reasonable period after obtaining the personal data, but no later than eight weeks.
B. As soon as possible after obtaining the personal data.
C. As soon as possible after the first communication with the data subject.
D. Within a reasonable period after obtaining the personal data, but no later than one month.

Answer: D

Explanation:
According to Article 14 of the GDPR, if the controller obtains personal data from other sources, such as third parties or publicly accessible sources, the controller must provide the data subject with the necessary privacy information, such as the identity and contact details of the controller, the purposes and legal basis of the processing, the categories of personal data concerned, the recipients or categories of recipients of the personal data, and the rights of the data subject. The controller must provide this information within a reasonable period after obtaining the personal data, but no later than one month, having regard to the specific circumstances in which the personal data are processed. However, there are some exceptions to this rule, such as if the data subject already has the information, if the provision of the information proves impossible or would involve a disproportionate effort, if the obtaining or disclosure of the data is expressly laid down by EU or member state law, or if the personal data must remain confidential subject to an obligation of professional secrecy12. Reference:
GDPR, Article 14
Free CIPP/E Study Guide, page 19, section 2.5.1
CIPP/E Certification, page 14, section 1.2.1
Art. 14 GDPR - Information to be provided where personal data have not been obtained from the data subject Article 14 GDPR - GDPRhub

NEW QUESTION # 30
What permissions are required for a marketer to send an email marketing message to a consumer in the EU?

A. A notice that the consumer's email address will be used for marketing purposes.
B. A pre-checked box stating that the consumer agrees to receive email marketing.
C. A prior opt-in consent for consumers unless they are already customers.
D. No prior permission required, but an opt-out requirement on all emails sent to consumers.

Answer: C

Explanation:
Under the GDPR, email marketing requires explicit and unambiguous consent from the recipients, meaning that they must actively agree to receive marketing communications, and the process for obtaining this consent must be clear and transparent. A prior opt-in consent is the most common and reliable way to demonstrate compliance with this requirement, as it involves a positive action from the data subject, such as ticking a box, clicking a button, or filling a form. A pre-checked box, a notice, or an opt-out option are not sufficient to obtain valid consent, as they do not indicate a clear expression of the data subject's will. However, there is an exception to the consent rule for existing customers, known as the "soft opt-in". This means that a company can send email marketing messages to its customers without prior consent, if the following conditions are met:
The company obtained the customer's contact details in the course of a sale or negotiations for a sale of a product or service; The company only sends marketing messages about its own similar products or services; The company gives the customer a clear opportunity to opt out of receiving such messages both when first collecting the details and in every subsequent message.

NEW QUESTION # 31
In which of the following cases would an organization MOST LIKELY be required to follow both ePrivacy and data protection rules?

A. When calling a potential customer to notify her of an upcoming product sale.
B. When creating an untargeted pop-up ad on a website.
C. When emailing a customer to announce that his recent order should arrive earlier than expected.
D. When paying a search engine company to give prominence to certain products and services within specific search results.

Answer: D

Explanation:
The ePrivacy Directive (ePD) and the General Data Protection Regulation (GDPR) are two EU laws that regulate different aspects of personal data processing. The ePD focuses on electronic communications and the use of cookies and similar technologies, while the GDPR covers the broader principles and rights of data protection. Both laws apply to any organization that processes personal data of individuals in the EU, regardless of where the organization is located.
Option D involves both electronic communication and personal data processing, and therefore requires compliance with both ePD and GDPR. Paying a search engine company to give prominence to certain products and services within specific search results implies the use of cookies or similar technologies to track the online behavior of users and target them with personalized ads. This requires the consent of the users under the ePD, as well as the provision of clear and comprehensive information about the purpose and scope of the data processing. Moreover, the organization must comply with the GDPR requirements for data protection by design and by default, data minimization, data security, data subject rights, and accountability.
Option A only involves the use of cookies or similar technologies, and therefore only requires compliance with the ePD. Creating an untargeted pop-up ad on a website does not involve the processing of personal data, as the ad is not based on the online behavior or preferences of the users. However, the organization must still obtain the consent of the users for the use of cookies or similar technologies, and provide them with clear and comprehensive information about the purpose and scope of the data processing.
Option B only involves the processing of personal data, and therefore only requires compliance with the GDPR. Calling a potential customer to notify her of an upcoming product sale involves the collection and use of the customer's personal data, such as name, phone number, and purchase history. The organization must have a lawful basis for the data processing, such as consent, contract, or legitimate interest, and must respect the data subject rights, such as the right to object, the right to access, and the right to erasure.
Option C only involves the processing of personal data, and therefore only requires compliance with the GDPR. Emailing a customer to announce that his recent order should arrive earlier than expected involves the use of the customer's personal data, such as name, email address, and order details. The organization must have a lawful basis for the data processing, such as consent, contract, or legitimate interest, and must respect the data subject rights, such as the right to object, the right to access, and the right to erasure. Reference:
Free CIPP/E Study Guide, page 15, section 2.3.3
CIPP/E Certification, page 10, section 1.1.2
Cipp-e Study guides, Class notes & Summaries, document "CIPP/E Exam Summary 2023", page 42, section 2.3.3 ePrivacy: The EU's other data protection rule The New Rules of Data Privacy A guide to GDPR data privacy requirements A guide to the data protection principles

NEW QUESTION # 32
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