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Question 219 - CIPP-E discussion

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The European Data Protection Board (EDPB) recommends measures to supplement transfer tools, in order to ensure compliance with the European Union (EU) level of personal data protection. According to these recommendations, what additional actions should be taken when a transfer to a third country is based upon an adequacy decision?

A.

Adopt a supplementary data transfer mechanism.

Answers
A.

Adopt a supplementary data transfer mechanism.

B.

Monitor the ongoing validity of the data transfer mechanism.

Answers
B.

Monitor the ongoing validity of the data transfer mechanism.

C.

Adopt technical, contractual or organizational supplementary measures.

Answers
C.

Adopt technical, contractual or organizational supplementary measures.

D.

Monitor changes in the law or practice of the third country that would tower the level of protection of personal data

Answers
D.

Monitor changes in the law or practice of the third country that would tower the level of protection of personal data

Suggested answer: D

Explanation:

An adequacy decision is a decision adopted by the European Commission, which determines that a third country, a territory or one or more specified sectors within a third country, or an international organisation ensures an adequate level of protection of personal data1.This means that the third country or organisation provides a level of protection that is essentially equivalent to that guaranteed within the European Union (EU), taking into account its domestic law and international commitments, as well as the respect for the rule of law, human rights and fundamental freedoms, relevant legislation, and the existence and effective functioning of independent supervisory authorities1.An adequacy decision is one of the transfer tools that can be used to transfer personal data to a third country or organisation without requiring any further authorisation1.However, an adequacy decision is not permanent and can be amended, suspended or repealed by the Commission at any time, if the conditions are no longer met1.Therefore, according to the recommendations of the European Data Protection Board (EDPB), the additional action that should be taken when a transfer to a third country is based upon an adequacy decision is to monitor changes in the law or practice of the third country that would lower the level of protection of personal data2.This means that the data exporter should stay informed of any developments in the third country or organisation that could affect the validity of the adequacy decision, and take appropriate measures if the level of protection is no longer adequate2.The data exporter should also cooperate with the competent supervisory authority and inform it of any issues that may affect the compliance with the adequacy decision2. Therefore, option D is the correct answer.Reference:Art. 45 GDPR -- Transfers on the basis of an adequacy decision,Recommendations 01/2020 on measures that supplement transfer tools to ensure compliance with the EU level of protection of personal data

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asked 22/11/2024
Anand Prakash
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