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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?
A company has collected personal data tor direct marketing purpose on the basis of consent. It is now considering using this data to develop new products through analytics. What is the company first required to do?
MagicClean is a web-based service located in the United States that matches home cleaning services to customers. It otters its services exclusively in the United States It uses a processor located in France to optimize its data. Is MagicClean subject to the GDPR?
Article 58 of the GDPR describes the power of supervisory authorities. Which of the following is NOT among those granted?
Pursuant to Article 4(5) of the GDPR, data is considered "pseudonymized" if?
Data retention in the EU was underpinned by a legal framework established by the Data Retention Directive (2006/24/EC). Why is the Directive no longer part of EU law?
Under Article 80(1) of the GDPR, individuals can elect to be represented by not-for-profit organizations in a privacy group litigation or class action. These organizations are commonly known as?
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. Under the General Data Protection Regulation (GDPR), what is the most likely reason Serge may have grounds to object to the use of his quotation?

Question 85 - CIPP-E discussion

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The GDPR specifies fines that may be levied against data controllers for certain infringements. Which of the following infringements would be subject to the less severe administrative fine of up to 10 million euros (or in the case of an undertaking, up to 2% of the total worldwide annual turnover of the preceding financial year)?

A.

Failure to demonstrate that consent was given by the data subject to the processing of their personal data where it is used as the basis for processing.

Answers
A.

Failure to demonstrate that consent was given by the data subject to the processing of their personal data where it is used as the basis for processing.

B.

Failure to implement technical and organizational measures to ensure data protection is enshrined by design and default.

Answers
B.

Failure to implement technical and organizational measures to ensure data protection is enshrined by design and default.

C.

Failure to process personal information in a manner compatible with its original purpose.

Answers
C.

Failure to process personal information in a manner compatible with its original purpose.

D.

Failure to provide the means for a data subject to rectify inaccuracies in personal data.

Answers
D.

Failure to provide the means for a data subject to rectify inaccuracies in personal data.

Suggested answer: B

Explanation:

According to Article 83 of the GDPR, the less severe administrative fines of up to 10 million euros or 2% of the annual worldwide turnover apply to infringements of the articles governing controllers and processors, certification bodies, and monitoring bodies. These include Articles 8, 11, 25-39, 42, and 43. Among the answer choices, only option B falls under this category, as Article 25 requires controllers to implement data protection by design and by default. Option A is related to Article 7, which governs the conditions for consent. Option C is related to Article 5, which sets out the principles for processing personal data. Option D is related to Article 16, which grants the right to rectification to data subjects. These articles are subject to the more severe administrative fines of up to 20 million euros or 4% of the annual worldwide turnover.Reference:

GDPR Article 83

GDPR Article 25

GDPR Article 7

GDPR Article 5

GDPR Article 16

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asked 22/11/2024
Ahmed Ebrahim
44 questions
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