IAPP CIPP-E Dumps Questions Answers

The e-Privacy Directive 2002/58/EC, also known as the Directive on privacy and electronic communications, is a specific directive that complements and particularises the GDPR for the electronic communications sector. It was amended in 2009 by the Directive 2009/136/EC, which introduced several changes to enhance the protection of personal data and privacy in the electronic communications sector. One of these changes was the introduction of a mandatory notification for personal data breaches applicable to providers of publicly available electronic communications services, such as telecom providers and internet service providers. According to Article 4 of the amended e-Privacy Directive, these providers must notify the competent national authority of any breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed in connection with the provision of a publicly available electronic communications service in the Community. The notification must be made without undue delay and, where feasible, not later than 24 hours after the provider has become aware of the breach. The notification must include information such as the nature and content of the personal data concerned, the circumstances and consequences of the breach, and the measures taken or proposed by the provider to address the breach. The provider must also notify the affected data subjects of the breach, unless the provider has demonstrated to the satisfaction of the competent authority that it has implemented appropriate technological protection measures that render the data unintelligible to any person who is not authorised to access it. The notification to the data subjects must describe the nature of the breach and the contact points where more information can be obtained, and must recommend measures to mitigate the possible adverse effects of the breach. The purpose of this mandatory notification is to ensure that the authorities and the data subjects are informed of the risks and the remedies related to the breach, and to encourage the providers to improve their security measures and prevent further breaches. References: e-Privacy Directive, Changes to e-Privacy Directive Approved by European Parliament, Article 2 Amendments to Directive 2002/58/EC (Directive on privacy and electronic communications), Personal data breaches

A multinational company that is appointing a mandatory data protection officer (DPO) must also consult national derogations to evaluate if there are additional cases to be considered in relation to the matter. According to Article 37 (1) of the GDPR, a DPOmust be designated by the controller or the processor in any case where: (a) the processing is carried out by a public authority or body, except for courts acting in their judicial capacity; (b) the core activities of the controller or the processor consist of processing operations which, by virtue of their nature, their scope and/or their purposes, require regular and systematic monitoring of data subjects on a large scale; or © the core activities of the controller or the processor consist of processing on a large scale of special categories of data or personal data relating to criminal convictions and offences 1. However, Article 37 (4) of the GDPR also allows Member States to provide for additional cases where a DPO must be designated by law 1. Therefore, a multinational company must consult the national laws of the EU jurisdictions in which it operates to ensure that it complies with any additional requirements for appointing a DPO.

The other options are not correct because they are not directly related to the appointment of a DPO. Conducting a Data Protection Privacy Assessment, assessing the number of employees, and revising the data processing activities are all good practices for ensuring compliance with the GDPR, but they are not mandatory actions for designating a DPO. Moreover, the number of employees is not a relevant criterion for appointing a DPO, as the GDPR does not set any threshold based on the size of the organization 2. References: 1: Article 37 of the GDPR 2: Guidelines on Data Protection Officers (‘DPOs’)

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 subjectmatter, 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. References: 1: Article 4 of the GDPR2: Data Processing Agreement (Template) - GDPR.eu3: Article 28 of the GDPR.