Podcast
Questions and Answers
What is a necessary action if risks cannot be mitigated or if there is uncertainty about the effectiveness of foreseen measures?
What is a necessary action if risks cannot be mitigated or if there is uncertainty about the effectiveness of foreseen measures?
- Implement the measures immediately
- Consult with the Data Protection Authority (DPA) (correct)
- Ignore the risks
- Modify the measures without consultation
Which of the following statements about codes of conduct under Articles 40 and 41 is true?
Which of the following statements about codes of conduct under Articles 40 and 41 is true?
- National codes can only be approved by the European Data Protection Board (EDPB).
- Adherence to a code of conduct is mandatory for all organizations.
- All codes of conduct must be monitored by an expert body. (correct)
- Codes of conduct do not provide any tools for international data transfers.
What is one of the purposes of EU certifications as outlined in Articles 42 and 43?
What is one of the purposes of EU certifications as outlined in Articles 42 and 43?
- To prevent any data transfers to third countries.
- To provide a framework for local employee training.
- To create binding commitments for data controllers and processors. (correct)
- To ensure mandatory participation in data processing activities.
Under what condition is a data transfer to a third country exempt from requiring authorization?
Under what condition is a data transfer to a third country exempt from requiring authorization?
Who approves EU codes of conduct?
Who approves EU codes of conduct?
Which of the following is a necessary component of legal compliance when planning to transfer data?
Which of the following is a necessary component of legal compliance when planning to transfer data?
What role does the DPA play in the context of codes of conduct and their monitoring?
What role does the DPA play in the context of codes of conduct and their monitoring?
Why are codes of conduct useful for organizations according to Articles 40 and 41?
Why are codes of conduct useful for organizations according to Articles 40 and 41?
What was declared invalid by the ECJ on July 16, 2020?
What was declared invalid by the ECJ on July 16, 2020?
What type of instrument is NOT considered an appropriate safeguard for data transfer to third countries?
What type of instrument is NOT considered an appropriate safeguard for data transfer to third countries?
Which of the following is a corrective power vested in the supervisory authority (DPA)?
Which of the following is a corrective power vested in the supervisory authority (DPA)?
For non-compliance with GDPR principles, what is the maximum fine that can be imposed?
For non-compliance with GDPR principles, what is the maximum fine that can be imposed?
Which option describes a role of the Supervisory Authority (DPA)?
Which option describes a role of the Supervisory Authority (DPA)?
What is the purpose of privacy shield registration for companies in the U.S.?
What is the purpose of privacy shield registration for companies in the U.S.?
What type of liability applies to joint controllers under GDPR?
What type of liability applies to joint controllers under GDPR?
What action can the DPA take concerning data processing?
What action can the DPA take concerning data processing?
What is defined as making a decision solely by automated means without any human involvement?
What is defined as making a decision solely by automated means without any human involvement?
Which of the following conditions requires the appointment of a Data Protection Officer (DPO)?
Which of the following conditions requires the appointment of a Data Protection Officer (DPO)?
What does the term 'profiling' refer to in the context of data processing?
What does the term 'profiling' refer to in the context of data processing?
What does 'large scale' in the context of data processing refer to?
What does 'large scale' in the context of data processing refer to?
Which of the following is NOT considered a special category of personal data?
Which of the following is NOT considered a special category of personal data?
How many organizations are estimated to have registered Data Protection Officers (DPOs) across Europe?
How many organizations are estimated to have registered Data Protection Officers (DPOs) across Europe?
Which term refers to the ongoing, scheduled, or methodical approach in data processing?
Which term refers to the ongoing, scheduled, or methodical approach in data processing?
What key role does a Data Protection Officer (DPO) play in an organization?
What key role does a Data Protection Officer (DPO) play in an organization?
What has been observed in the trend of GDPR fines per month?
What has been observed in the trend of GDPR fines per month?
Which of the following is NOT a principle of Privacy by Design?
Which of the following is NOT a principle of Privacy by Design?
What is one of the technical changes required for product team compliance under GDPR?
What is one of the technical changes required for product team compliance under GDPR?
Which of the following tasks is included in the legal team compliance under GDPR?
Which of the following tasks is included in the legal team compliance under GDPR?
What does the principle of 'Full Functionality' in Privacy by Design imply?
What does the principle of 'Full Functionality' in Privacy by Design imply?
Which of the following does NOT describe a characteristic of 'Privacy Embedded into Design'?
Which of the following does NOT describe a characteristic of 'Privacy Embedded into Design'?
Which organization’s perspective is discussed regarding the achievements and challenges of GDPR at its second anniversary?
Which organization’s perspective is discussed regarding the achievements and challenges of GDPR at its second anniversary?
What is a necessary action for a company according to GDPR when appointing a Data Protection Officer?
What is a necessary action for a company according to GDPR when appointing a Data Protection Officer?
What percentage of services fulfill all criteria of the right to data portability under GDPR?
What percentage of services fulfill all criteria of the right to data portability under GDPR?
What was the average increase in the length of privacy policies post-GDPR for EU policies?
What was the average increase in the length of privacy policies post-GDPR for EU policies?
What was the percentage of popular app vendors that responded to user access requests in 2019?
What was the percentage of popular app vendors that responded to user access requests in 2019?
Which of the following statements about the adoption of GDPR is true?
Which of the following statements about the adoption of GDPR is true?
What improvement was observed in the coverage and compliance of privacy policies after the implementation of GDPR?
What improvement was observed in the coverage and compliance of privacy policies after the implementation of GDPR?
From the data provided, how did the response rate to data subject access requests change from 2015 to 2018?
From the data provided, how did the response rate to data subject access requests change from 2015 to 2018?
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Study Notes
Processing of Personal Data
- Processing activities include collection, storage, disclosure, transfer, and profiling.
- Automated individual decision-making: Decisions solely made by automated means, without human intervention.
- Profiling: Automated evaluation of personal data to assess individual attributes; may be part of decision-making.
GDPR Overview
- GDPR focuses on protecting personal data within the EU.
- Data Protection Officers (DPOs) roles have increased significantly across Europe with an estimated 500,000 registered by 2019.
DPO Appointment Requirements
- DPO appointment is mandatory for data controllers and processors that are:
- Public authority or body.
- Involved in large-scale systematic monitoring of data subjects.
- Processing special categories of personal data or criminal data on a large scale.
Definitions of Key Terms
- Regular: Activities that are ongoing or recurring.
- Systematic: Methodical and scheduled processing according to a structured plan.
- Large scale: Relates to the number of individuals, data volume, and geographic scope.
- Special categories: Sensitive information that poses a risk of discrimination.
Codes of Conduct
- Adherence to codes of conduct is voluntary yet helps demonstrate compliance with GDPR.
- EU codes require approval from the European Data Protection Board (EDPB), while national codes are governed by national Data Protection Authorities (DPAs).
- Codes aid in building public trust and ensuring accountability in data processing.
Certification Mechanisms
- EU certifications approved by EDPB can facilitate compliance and data transfers.
- National certifications may be approved by DPAs or accredited bodies.
Data Transfers Outside the EU
- Adequacy Decision: Requires countries to have strong data protection laws; generally, the U.S. does not meet this criteria.
- Privacy Shield: Facilitated U.S. data transfers, invalidated by the ECJ on July 16, 2020.
- Appropriate safeguards include legally binding instruments, binding corporate rules, standard contractual clauses, and approved conduct codes.
Supervisory Authority Role
- Supervisory Authorities (DPAs) ensure GDPR compliance through monitoring, inspections, and complaint handling.
- DPAs possess significant powers including conducting investigations, issuing sanctions, and ensuring accountability.
Corrective Powers of DPA
- DPAs can issue warnings, ban processing, order compliance, mandate data breach notifications, and enforce fines.
Liability and Fines
- Controllers and processors face shared liability for GDPR violations:
- Fines up to €10 million or 2% of global turnover for certain obligations.
- Fines up to €20 million or 4% of global turnover for major breaches of principles and rights.
Compliance Challenges
- Majority of data processors are not fully compliant with user rights:
- Right to data portability: 29% compliance.
- Right of access: Only increased from 15% to 41% compliance from 2015 to 2019.
Privacy by Design Principles
- Emphasizes prevention and proactive measures in design, ensuring privacy is integral from the outset.
- Seven core principles include:
- Proactive, not reactive measures.
- Privacy as a default setting.
- Embedding privacy into design.
- Ensuring end-to-end security.
- Maintaining visibility and transparency.
- Respect for user privacy.
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