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Jerry the Chief Marketing Officer for a sports apparel and trophy company, sells products to schools and athletic clubs globally Recently the company has decided to invest in a new line of customized sports equipment Jerry plans to email his current customer base to offer them a discount on their first purchase of such equipment. Jerry tells Kate, the Director of Privacy, about his plan. What is the best guidance Kate can provide to Jerry?
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The Planet 49 CJEU Judgement applies to?
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Question 18 - CIPP-E discussion

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There are three domains of security covered by Article 32 of the GDPR that apply to both the controller and the processor. These include all of the following EXCEPT?

A.

Consent management and withdrawal.

Answers
A.

Consent management and withdrawal.

B.

Incident detection and response.

Answers
B.

Incident detection and response.

C.

Preventative security.

Answers
C.

Preventative security.

D.

Remedial security.

Answers
D.

Remedial security.

Suggested answer: A

Explanation:

A) Consent management and withdrawal.Comprehensive Explanation:Article 32 of the GDPR requires the controller and the processor to implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk of the processing. These measures should take into account the state of the art, the costs of implementation, the nature, scope, context and purposes of processing, and the risks of varying likelihood and severity for the rights and freedoms of natural persons. The three domains of security covered by Article 32 are:

Preventative security:This refers to the measures that aim to prevent or reduce the likelihood of security incidents, such as unauthorized or unlawful access, disclosure, alteration, loss or destruction of personal data. Examples of preventative security measures include encryption, pseudonymization, access control, firewalls, antivirus software, etc.

Incident detection and response:This refers to the measures that aim to detect, analyze, contain, eradicate and recover from security incidents, as well as to notify the relevant authorities and data subjects, and to document the facts and actions taken. Examples of incident detection and response measures include security monitoring, logging, auditing, incident response plans, breach notification procedures, etc.

Remedial security:This refers to the measures that aim to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident, as well as to mitigate the adverse effects of security incidents on the data subjects. Examples of remedial security measures include backup, disaster recovery, business continuity, compensation, etc.

Consent management and withdrawal is not a domain of security covered by Article 32, but rather a requirement for the lawfulness of processing based on consent under Article 6(1)(a) and Article 7 of the GDPR. Consent management and withdrawal involves obtaining, recording, updating and revoking the consent of data subjects for specific purposes of processing, as well as informing them of their right to withdraw their consent at any time.Reference:Free CIPP/E Study Guide, page 35;CIPP/E Certification, page 17; GDPR, Article 32, Article 6(1)(a), Article 7.

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asked 22/11/2024
Okan YILDIZ
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