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PECB Certified Data Protection Officer Sample Questions (Q17-Q22):

NEW QUESTION # 17
Scenario3:
COR Bank is an international banking group that operates in 31 countries. It was formed as themerger of two well-known investment banks in Germany. Their two main fields of business are retail and investment banking. COR Bank provides innovative solutions for services such as payments, cash management, savings, protection insurance, and real-estate services. COR Bank has a large number of clients and transactions.
Therefore, they process large information, including clients' personal data. Some of the data from the application processes of COR Bank, including archived data, is operated by Tibko, an IT services company located in Canada. To ensure compliance with the GDPR, COR Bank and Tibko have reached a data processing agreement Based on the agreement, the purpose and conditions of data processing are determined by COR Bank. However, Tibko is allowed to make technical decisions for storing the data based on its own expertise. COR Bank aims to remain a trustworthy bank and a long-term partner for its clients. Therefore, they devote special attention to legal compliance. They started the implementation process of a GDPR compliance program in 2018. The first step was to analyze the existing resources and procedures. Lisa was appointed as the data protection officer (DPO). Being the information security manager of COR Bank for many years, Lisa had knowledge of the organization's core activities. She was previously involved in most of the processes related to information systems management and data protection. Lisa played a key role in achieving compliance to the GDPR by advising the company regarding data protection obligations and creating a data protection strategy. After obtaining evidence of the existing data protection policy, Lisa proposed to adapt the policy to specific requirements of GDPR. Then, Lisa implemented the updates of the policy within COR Bank. To ensure consistency between processes of different departments within the organization, Lisa has constantly communicated with all heads of GDPR. Then, Lisa implemented the updates of the policy within COR Bank. To ensure consistency between processes of different departments within the organization, Lisa has constantly communicated with all heads of departments. As the DPO, she had access to several departments, including HR and Accounting Department. This assured the organization that there was a continuous cooperation between them. The activities of some departments within COR Bank are closely related to data protection. Therefore, considering their expertise, Lisa was advised from the top management to take orders from the heads of those departments when taking decisions related to their field. Based on this scenario, answer the following question:
Question:
Based on scenario 3,Lisa was advised to take orders from the heads of other departments. Is this acceptable under GDPR?

• A. Yes, only heads of departments within a financial institution are allowed to give orders to the DPO.
• B. Yes, the DPO shall take instructions and tasks from employee members if required by the organization.
• C. No, the organization should not influence, nor put pressure on the DPO for any decision taken.
• D. Yes, the DPO is responsible for following management directives while ensuring GDPR compliance.

Answer: C

Explanation:
UnderArticle 38(3) of GDPR,the DPO must operate independently, without receivinginstructions regarding the execution of their tasks. A DPO should not bepressured or influencedby the organization when assessing data protection compliance.
* Option C is correctbecause GDPR explicitly states that DPOsmust act independently.
* Option A is incorrectbecauseno department headsshould interfere with the DPO's decisions.
* Option B is incorrectbecauseDPOs should not take orders on GDPR matters.
* Option D is incorrectbecause DPOsmust not be influenced by management, even if they provide general compliance guidance.
References:
* GDPR Article 38(3)(DPO independence)
* Recital 97(DPO's autonomy and protection from pressure)

 

NEW QUESTION # 18
Scenario5:
Recpond is a German employment recruiting company. Their services are delivered globally and include consulting and staffing solutions. In the beginning. Recpond provided its services through an office in Germany. Today, they have grown to become one of the largest recruiting agencies, providing employment to more than 500,000 people around the world. Recpond receives most applications through its website. Job searchers are required to provide the job title and location. Then, a list of job opportunities is provided. When a job position is selected, candidates are required to provide their contact details and professional work experience records. During the process, they are informed that the information will be used only for the purposes and period determined by Recpond. Recpond's experts analyze candidates' profiles and applications and choose the candidates that are suitable for the job position. The list of the selected candidates is then delivered to Recpond's clients, who proceed with the recruitment process. Files of candidates that are not selected are stored in Recpond's databases, including the personal data of candidates who withdraw the consent on which the processing was based. When the GDPR came into force, the company was unprepared.
The top management appointed a DPO and consulted him for all data protection issues. The DPO, on the other hand, reported the progress of all data protection activities to the top management. Considering the level of sensitivity of the personal data processed by Recpond, the DPO did not have direct access to the personal data of all clients, unless the top management deemed it necessary. The DPO planned the GDPR implementation by initially analyzing the applicable GDPR requirements. Recpond, on the other hand, initiated a risk assessment to understand the risks associated with processing operations. The risk assessment was conducted based on common risks that employment recruiting companies face. After analyzing different risk scenarios, the level of risk was determined and evaluated. The results were presented to the DPO, who then decided to analyze only the risks that have a greater impact on the company. The DPO concluded that the cost required for treating most of the identified risks was higher than simply accepting them. Based on this analysis, the DPO decided to accept the actual level of the identified risks. After reviewing policies and procedures of the company. Recpond established a new data protection policy. As proposed by the DPO, the information security policy was also updated. These changes were then communicated to all employees of Recpond.Based on this scenario, answer the following question:
Question:
According to scenario 5, theDPO decided to accept most of the identified risks related to data processing.
Is this acceptable under GDPR?

• A. Yes, the cost required for implementing appropriate risk controls was higher than simply deciding to accept them.
• B. No, theDPO's role in risk management is to help the company select a risk treatment option, not take final decisions on risk acceptance.
• C. No, the DPO should have been involved in all risk management activities to select an appropriate risk treatment option.
• D. Yes, but only if the DPO received explicit approval from the supervisory authority.

Answer: B

Explanation:
UnderArticle 39 of GDPR, theDPO's role is to monitor and advisebutnot make risk acceptance decisions.
Risk management is theresponsibility of the controller.
* Option C is correctbecauseDPOs provide guidance on risk, but the organization decides risk treatment.
* Option A is incorrectbecauserisk acceptance is not a decision for the DPO.
* Option B is incorrectbecauseDPOs do not manage risk directlybut provide recommendations.
* Option D is incorrectbecausesupervisory authorities do not approve risk acceptance decisions.
References:
* GDPR Article 39(1)(b)(DPO's advisory role in risk management)
* Recital 97(DPO's independence)

 

NEW QUESTION # 19
Scenario4:
Berc is a pharmaceutical company headquartered in Paris, France, known for developing inexpensive improved healthcare products. They want to expand to developing life-saving treatments. Berc has been engaged in many medical researches and clinical trials over the years. These projects required the processing of large amounts of data, including personal information. Since 2019, Berc has pursued GDPR compliance to regulate data processing activities and ensure data protection. Berc aims to positively impact human health through the use of technology and the power of collaboration. They recently have created an innovative solution in participation with Unity, a pharmaceutical company located in Switzerland. They want to enable patients to identify signs of strokes or other health-related issues themselves. They wanted to create a medical wrist device that continuously monitors patients' heart rate and notifies them about irregular heartbeats. The first step of the project was to collect information from individuals aged between 50 and 65. The purpose and means of processing were determined by both companies. The information collected included age, sex, ethnicity, medical history, and current medical status. Other information included names, dates of birth, and contact details. However, the individuals, who were mostly Berc's and Unity's customers, were not aware that there was an arrangement between Berc and Unity and that both companies have access to their personal data and share it between them. Berc outsourced the marketing of their new product to an international marketing company located in a country that had not adopted the adequacy decision from the EU commission. However, since they offered a good marketing campaign, following the DPO's advice, Berc contracted it. The marketing campaign included advertisement through telephone, emails, and social media. Berc requested that Berc's and Unity's clients be first informed about the product. They shared the contact details of clients with the marketing company.Based on this scenario, answer the following question:
Question:
According to scenario 4,individuals from whom the health data was collected were not informed about the arrangement between Berc and Unty. Which option below is correct?

• A. The data processing means, purpose, or other arrangements between Berc and Unty areconfidentialand should not be disclosed to individuals.
• B. The arrangement and roles and responsibilities of Berc and Unty should be available to individuals.
• C. Berc and Unty have determined the purpose and means of processing, so they can decide if they want to inform individuals or not.
• D. The supervisory authority should decide whether individuals need to be informed.

Answer: B

Explanation:
UnderArticle 13 of GDPR,data subjects must be informedabout who processes their data, includingjoint controllers. This ensurestransparency and accountability.
* Option A is correctbecauseindividuals have the right to know who processes their data.
* Option B is incorrectbecausecontrollers do not have the discretion to withhold this information.
* Option C is incorrectbecausedata processing arrangements must be transparent.
* Option D is incorrectbecauseorganizations, not authorities, must ensure transparency.
References:
* GDPR Article 13(1)(a)(Identity of controllers must be disclosed)
* Recital 60(Transparency in processing)

 

NEW QUESTION # 20
Scenario 9:Soin is a French travel agency with the largest network of professional travel agents throughout Europe. They aim to create unique vacations for clients regardless of the destinations they seek. The company specializes in helping people find plane tickets, reservations at hotels, cruises, and other activities.
As any other industry, travel is no exception when it comes to GDPR compliance. Soin was directly affected by the enforcement of GDPR since its main activities require the collection and processing of customers' data.
Data collected by Soin includes customer's ID or passport details, financial and payment information, and contact information. This type of data is defined as personal by the GDPR; hence, Soin's data processing activities are built based on customer's consent.
At the beginning, as for many other companies, GDPR compliance was a complicated issue for Soin.
However, the process was completed within a few months and later on the company appointed a DPO. Last year, the supervisory authority of France, requested the conduct of a data protection external audit in Soin without an early notice. To ensure GDPR compliance before an external audit was conducted, Soin organized an internal audit. The data protection internal audit was conducted by the DPO of the company. The audit was initiated by firstly confirming the accuracy of records related to all current Soin's data processing activities.
The DPO considered that verifying compliance to Article 30 of GDPR would help in defining the data protection internal audit scope. The DPO noticed that not all processing activities of Soin were documented as required by the GDPR. For example, processing activities records of the company did not include a description of transfers of personal data to third countries. In addition, there was no clear description of categories of personal data processed by the company. Other areas that were audited included content of data protection policy, data retention guidelines, how sensitive data is stored, and security policies and practices.
The DPO conducted interviews with some employees at different levels of the company. During the audit, the DPO came across some emails sent by Soin's clients claiming that they do not have access in their personal data stored by Soin. Soin's Customer Service Department answered the emails saying that, based on Soin's policies, a client cannot have access to personal data stored by the company. Based on the information gathered, the DPO concluded that there was a lack of employee awareness on the GDPR.
All these findings were documented in the audit report. Once the audit was completed, the DPO drafted action plans to resolve the nonconformities found. Firstly, the DPO created a new procedure which could ensure the right of access to clients. All employees were provided with GDPR compliance awareness sessions.
Moreover, the DPO established a document which described the transfer of personal data to third countries and the applicability of safeguards when this transfer is done to an international organization.
Based on this scenario, answer the following question:
According to scenario 9, the DPO drafted and implemented all action plans to resolve the nonconformities found. Is this acceptable?

• A. No, the DPO should only evaluate and follow up on action plans submitted in response to nonconformities
• B. Yes, the DPO is responsible for drafting, implementing, and reviewing corrections and corrective actions
• C. No, the DPO should implement action plans as arranged in order of priority by top management

Answer: A

Explanation:
According to GDPR Article 39(1), the DPO's role is to monitor compliance, provide advice, and act as a point of contact for supervisory authorities. However, the DPO should not directly implement action plans, as this could create a conflict of interest (Recital 97). The responsibility for implementation lies with the controller or relevant departments, while the DPO ensures that the corrective actions align with GDPR requirements.

 

NEW QUESTION # 21
Scenario3:
COR Bank is an international banking group that operates in 31 countries. It was formed as the merger of two well-known investment banks in Germany. Their two main fields of business are retail and investment banking. COR Bank provides innovative solutions for services such as payments, cash management, savings, protection insurance, and real-estate services. COR Bank has a large number of clients and transactions.
Therefore, they process large information, including clients' personal data. Some of the data from the application processes of COR Bank, including archived data, is operated by Tibko, an IT services company located in Canada. To ensure compliance with the GDPR, COR Bank and Tibko have reached a data processing agreement Based on the agreement, the purpose and conditions of data processing are determined by COR Bank. However, Tibko is allowed to make technical decisions for storing the data based on its own expertise. COR Bank aims to remain a trustworthy bank and a long-term partner for its clients. Therefore, they devote special attention to legal compliance. They started the implementation process of a GDPR compliance program in 2018. The first step was to analyze the existing resources and procedures. Lisa was appointed as the data protection officer (DPO). Being the information security manager of COR Bank for many years, Lisa had knowledge of the organization's core activities. She was previously involved in most of the processes related to information systems management and data protection. Lisa played a key role in achieving compliance to the GDPR by advising the company regarding data protection obligations and creating a data protection strategy. After obtaining evidence of the existing data protection policy, Lisa proposed to adapt the policy to specific requirements of GDPR. Then, Lisa implemented the updates of the policy within COR Bank. To ensure consistency between processes of different departments within the organization, Lisa has constantly communicated with all heads of GDPR. Then, Lisa implemented the updates of the policy within COR Bank. To ensure consistency between processes of different departments within the organization, Lisa has constantly communicated with all heads of departments. As the DPO, she had access to several departments, including HR and Accounting Department. This assured the organization that there was a continuous cooperation between them. The activities of some departments within COR Bank are closely related to data protection. Therefore, considering their expertise, Lisa was advised from the top management to take orders from the heads of those departments when taking decisions related to their field. Based on this scenario, answer the following question:
Question:
Considering the GDPR's territorial scope and thedata processing agreementbetween COR Bank and Tibko, which of the following best describes Tibko's obligations under the GDPR?

• A. Tibko's compliance with GDPR is limited to implementing technical safeguards for data storage,as stipulated by the data processing agreement with COR Bank.
• B. Tibko must adhere to all GDPR provisions independently, including determining the purpose of processing personal data, as a processor acting under COR Bank's authority.
• C. Tibko is required to comply with the GDPR because it processes personal data on behalf of COR Bank, and COR Bank determines the purpose of processing under their agreement.
• D. Tibko is not subject to GDPR since it is located outside the EU and only provides IT services.

Answer: C

Explanation:
UnderArticle 3(2) of GDPR, GDPR appliesextraterritoriallyif an entity outside the EUprocesses personal data of EU residentson behalf of a controller subject to GDPR.Tibko processes COR Bank's client data, making it subject to GDPRas a processorunderArticle 28.
* Option C is correctbecause Tibko must comply with GDPRsince it processes EU data on behalf of COR Bank.
* Option A is incorrectbecause processors must comply withbroader GDPR obligations, not just technical safeguards.
* Option B is incorrectbecause processorsdo not determinethe purpose of processing; that is the controller's responsibility.
* Option D is incorrectbecauselocation outside the EU does not exempt processors from GDPR obligations.
References:
* GDPR Article 3(2)(Territorial Scope)
* GDPR Article 28(1)(Processor obligations)
* Recital 81(Processor responsibilities)

 

NEW QUESTION # 22
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