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The CIPP/E certification exam is intended for professionals who are responsible for managing data protection programs and ensuring compliance with data protection laws and regulations in the European Union (EU), the European Economic Area (EEA), and Switzerland. This includes privacy professionals, legal professionals, compliance officers, and information security professionals who are involved in data protection and privacy matters.

IAPP Certified Information Privacy Professional/Europe (CIPP/E) Sample Questions (Q13-Q18):

NEW QUESTION # 13
In the event of a data breach, which type of information are data controllers NOT required to provide to either the supervisory authorities or the data subjects?

A. The contact details of the appropriate data protection officer.
B. The measures being taken to address the breach.
C. The predicted consequences of the breach.
D. The type of security safeguards used to protect the data.

Answer: C

Explanation:
According to the CIPP/E study guide, Article 33 of the GDPR requires data controllers to notify the supervisory authority of a personal data breach without undue delay and, where feasible, not later than 72 hours after becoming aware of it, unless the breach is unlikely to result in a risk to the rights and freedoms of natural persons1. Article 34 of the GDPR requires data controllers to communicate the personal data breach to the data subject without undue delay when the breach is likely to result in a high risk to the rights and freedoms of natural persons2. Both articles specify the minimum information that the data controller must provide to the supervisory authority and the data subject, which includes: the nature of the breach, the categories and approximate number of data subjects and personal data records concerned, the name and contact details of the data protection officer or other contact point, the likely consequences of the breach, and the measures taken or proposed to address the breach and mitigate its possible adverse effects12. However, neither article requires the data controller to disclose the type of security safeguards used to protect the data, as this information is not relevant for the purposes of notification and may even compromise the security of the data further3. References: 1: CIPP/E study guide, page 84; Art. 33 GDPR; Guidelines 01/2021 on Examples regarding Data Breach Notification2: CIPP/E study guide, page 85; [Art. 34 GDPR]; Guidelines 01
/2021 on Examples regarding Data Breach Notification3: Personal Data Breach | European Data Protection Supervisor; What is a data breach and what do we have to do ... - European Commission.

NEW QUESTION # 14
A company is located in a country NOT considered by the European Union (EU) to have an adequate level of data protection. Which of the following is an obligation of the company if it imports personal data from another organization in the European Economic Area (EEA) under standard contractual clauses?

A. Supply any information requested by a data protection authority (DPA) within 30 days.
B. Ensure that notice is given to and consent is obtained from data subjects.
C. Ensure that local laws do not impede the company from meeting its contractual obligations.
D. Submit the contract to its own government authority.

Answer: C

Explanation:
The GDPR allows the transfer of personal data to countries outside of the EEA that do not provide an adequate level of data protection, if appropriate safeguards are provided by the data exporter and the data importer1. One of these safeguards are standard contractual clauses (SCCs) adopted by the European Commission, which are model clauses that impose obligations on both parties to ensure that the transfer complies with the GDPR requirements2. The SCCs also include clauses on the rights of the data subjects, the obligations of the data protection authorities, and the liability and indemnification of the parties3. One of the obligations of the data importer under the SCCs is to warrant that it has no reason to believe that the legislation applicable to it prevents it from fulfilling the instructions received from the data exporter and its obligations under the contract, and that in the event of a change in this legislation which is likely to have a substantial adverse effect on the warranties and obligations provided by the SCCs, it will promptly notify the change to the data exporter as soon as it is aware, in which case the data exporter is entitled to suspend the transfer of data and/or terminate the contract4. Therefore, option D is the correct answer, as it reflects the obligation of the data importer under the SCCs to ensure that local laws do not impede the company from meeting its contractual obligations. Options A, B and C are incorrect, as they are not obligations of the data importer under the SCCs. Option A is not required by the GDPR or the SCCs, as the data importer does not need to submit the contract to its own government authority, unless the law of the country where the data importer is established requires it to do so prior to the transfer or disclosure of personal data5. Option B is not an obligation of the data importer, but of the data exporter, who must provide the data subjects with the information required by Articles 13 and 14 of the GDPR, including the fact that the data will be transferred to a third country and the appropriate safeguards in place6. Option C is not specific to the SCCs, but a general obligation of any controller or processor under the GDPR, who must cooperate with the supervisory authority and make available all information necessary to demonstrate compliance with their obligations7. References: 1: Article 46(1) of the GDPR 2: Standard Contractual Clauses (SCC) - European Commission 3: EU Standard Contractual Clauses (Word documents) 4: Clause 5(a) of the SCCs for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 5: Clause 5(b) of the SCCs for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 6: Clause 9 of the SCCs for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 7: Article 31 of the GDPR

NEW QUESTION # 15
SCENARIO
Please use the following to answer the next question:
Financially, it has been a very good year at ARRA Hotels: Their 21 hotels, located in Greece (5), Italy (15) and Spain (1), have registered their most profitable results ever. To celebrate this achievement, ARRA Hotels' Human Resources office, based in ARRA's main Italian establishment, has organized a team event for its 420 employees and their families at its hotel in Spain.
Upon arrival at the hotel, each employee and family member is given an electronic wristband at the reception desk. The wristband serves a number of functions:
. Allows access to the "party zone" of the hotel, and emits a buzz if the user approaches any unauthorized areas
. Allows up to three free drinks for each person of legal age, and emits a buzz once this limit has been reached
. Grants a unique ID number for participating in the games and contests that have been planned.
Along with the wristband, each guest receives a QR code that leads to the online privacy notice describing the use of the wristband. The page also contains an unchecked consent checkbox. In the case of employee family members under the age of 16, consent must be given by a parent.
Among the various activities planned for the event, ARRA Hotels' HR office has autonomously set up a photocall area, separate from the main event venue, where employees can come and have their pictures taken in traditional carnival costume.
The photos will be posted on ARRA Hotels' main website for general marketing purposes.
On the night of the event, an employee from one of ARRA's Greek hotels is displeased with the results of the photos in which he appears. He intends to file a complaint with the relevant supervisory authority in regard to the following:
. The lack of any privacy notice in the separate photocall area
The unlawful cross-border processing of his personal data
. The unacceptable aesthetic outcome of his photos
Which of the following is NOT necessarily considered a factor in identifying whether the processing could be considered a "cross-border processing"?

A. The potential harm for the data subjects affected.
B. The limitation of rights of the data subjects concerned.
C. The total number of the data subjects interested.
D. The exposure of the information of the data subjects involved.

Answer: C

Explanation:
Cross-border processing is defined in Article 4(23) of the GDPR as either:
* processing of personal data which takes place in the context of the activities of establishments in more than one Member State of a controller or processor in the Union where the controller or processor is established in more than one Member State; or
* processing of personal data which takes place in the context of the activities of a single establishment of a controller or processor in the Union but which substantially affects or is likely to substantially affect data subjects in more than one Member State.
Therefore, the factors that are relevant for identifying whether the processing could be considered a cross-border processing are:
* the location and number of establishments of the controller or processor in the EU;
* the connection between the processing and the activities of the establishments;
* the substantial effect or likelihood of substantial effect on data subjects in more than one Member State.
The total number of the data subjects interested is not necessarily a factor, as the processing could affect only a few data subjects but still have a substantial impact on them. For example, a processing that involves the disclosure of sensitive personal data of a small group of data subjects in different Member States could be considered a cross-border processing.
Reference:
* GDPR Article 4 - Definitions1
* Guidelines 8/2022 on identifying a controller or processor's lead supervisory authority2

NEW QUESTION # 16
How does the GDPR now define "processing"?

A. Any act involving the collecting and recording of personal data.
B. Any operation or set of operations performed by automated means on personal data or on sets of personal data.
C. Any operation or set of operations performed on personal data or on sets of personal data.
D. Any use or disclosure of personal data compatible with the purpose for which the data was collected.

Answer: C

Explanation:
The GDPR defines processing as "any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction" (Article 4(2)). This is a broad definition that covers almost any activity involving personal data, regardless of the method or means used. The GDPR also specifies that processing should be lawful, fair and transparent, and should respect the principles of data protection by design and by default (Article 5). Reference: CIPP/E Certification - International Association of Privacy Professionals, Free CIPP/E Study Guide - International Association of Privacy Professionals, [GDPR - EUR-Lex] I hope this helps. If you have any other questions, please let me know.

NEW QUESTION # 17
A company is hesitating between Binding Corporate Rules and Standard Contractual Clauses as a global data transfer solution. Which of the following statements would help the company make an effective decision?

A. The company will need the prior authorization of all EU data protection authorities for concluding Standard Contractual Clauses.
B. Binding Corporate Rules are especially recommended for small and medium companies.
C. The data exporter does not need to be located in the EU for the standard Contractual Clauses.
D. Binding Corporate Rules provide a global solution for all the entities of a company that are bound by the intra-group agreement.

Answer: D

NEW QUESTION # 18
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