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QUESTION NO: 1
According to Article.33 of the GDPR the controller shall without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the personal data breach to the supervisory authority. What is the maximum penalty for non-compliance with this notification obligation?
A. Up to € 500.000 with a minimum of € 120.000
B. € 10.000.000 or 2% of the annual global turnover, whichever is higher
C. Up to € 820.000 with a minimum of € 350.000
D. € 20.000.000 or 4% of the annual global turnover, whichever is higher
Answer: B
Explanation:
€ 10.000.000 or 2% of the annual global turnover, whichever is higher. Correct. This is the maximum according to the GDPR for infringement of the personal data breach notification obligation. (Literature: A, Chapter 7; GDPR Article 33)
€ 20.000.000 or 4% of the annual global turnover, whichever is higher. Incorrect. This fine is given for non- compliance or non-conformity to the basic principles for processing, including conditions for consent.
Up to € 500.000 with a minimum of € 120.000. Incorrect. This is an outdated number based on the Dutch Penal code. GDPR rules specify higher fines.
Up to € 820.000 with a minimum of € 350.000. Incorrect. This is an outdated number based on the Dutch Penal code. GDPR rules specify higher fines.
QUESTION NO: 2
Which of the alternatives describes one of the Supervisory Authority's responsibilities?
A. Provide the controller with all necessary information to demonstrate compliance with obligations.
B. Consider the nature of the treatment, and as far as possible, assist the controller in order to enable the controller to fulfill his obligation.
C. Apply technical and organizational measures to ensure that only personal data that are necessary for each specific purpose of processing are processed.
D. Supervise the processing of data of holders residing in a country belonging to the
European Economic Area (EEA).
Answer: D
Explanation:
The correct option is the responsibility of the Supervisory Authority, the others are the responsibility of the processor.
GDPR Article 3 decrees:
This Regulation applies to the processing of personal data of data subjects who are in the
Union by a controller or processor not established in the Union, where the processing activities are related to:
a) the offering of goods or services, irrespective of whether a payment of the data subject is required, to such data subjects in the Union; or; b) the monitoring of their behaviour as far as their behaviour takes place within the Union.
QUESTION NO: 3
Which condition below allows personal data to be processed legally?
A. There must be a legitimate basis for data processing.
B. Holders' rights must be protected by a privacy policy.
C. A Data Privacy Impact Assessment (DPIA) should be performed prior to data collection.
D. Data processing must be previously authorized by the Supervisory Authority.
Answer: A
Explanation:
Article 6 legislates on the lawfulness of treatment and in it cites the 6 legal bases provided:
1 - the data subject has given consent to the processing of his or her personal data for one or more specific purposes;
2- processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering a contract
3 - processing is necessary for compliance with a legal obligation to which the controller is subject;
4- processing is necessary in order to protect the vital interests of the data subject or of another natural person;
5 - processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
6 - processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which requires protection of personal data, in particular where the data subject is a child.
QUESTION NO: 4
A company wishes to use personal data of their customers. They wish to start sending all female customers a customized newsletter. What right do all data subjects have in this scenario?
A. The right to rectification
B. The right to object to profiling
C. The right to compensation
Answer: B
Explanation:
The right to compensation. Incorrect. It is unlikely that all data subjects will suffer harm that must be compensated in this scenario.
The right to object to profiling. Correct. All data subjects have a right to object to the processing of personal data for direct marketing, including profiling. This is clearly profiling.
(Literature: A, Chapter 4) The right to rectification. Incorrect. It is unlikely that the company has incorrect data on all data subjects, so the right to rectification does not apply.
QUESTION NO: 5
A personal data breach has occurred, and the controller is writing a draft notification for the supervisory authority. The following information is already in the notification:
- The nature of the personal data breach and its possible consequences.
- Information regarding the parties that can provide additional information about the data breach.
What other information must the controller provide?
A. Name and contact details of the data subjects whose data may have been breached
B. The information needed to access the personal data that have been breached.
C. Suggested measures to mitigate the adverse consequences of the data breach.
D. Information of local and national authorities that were informed about the data breach.
Answer: C
Explanation:
Information of local and national authorities that were informed about the data breach.
Incorrect. The supervisory authority must be made aware of reports to supervisory authorities in other EEA countries. Reports to local authorities, for instance the police, do not need to be reported.
Name and contact details of the data subjects whose data may have been breached.
Incorrect. The supervisory authority requires an estimate of the number of data subjects involved, not their personal data.
Suggested measures to mitigate the adverse consequences of the data breach. Correct. The controller should add suggested measures to mitigate the adverse consequences of the data breach. (Literature: A, Chapter 7; GDPR Article 33(q)) The information needed to access the personal data that have been breached. Incorrect. The supervisory authority needs to know the type of personal data involved, but does not need access to the data themselves.
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Updated: May 27, 2022