Questions and Answers
What is the primary function of session cookies on trading websites?
Under which condition is the storage of information in a user's terminal equipment permitted?
Which type of cookies is specifically used to create personal profiles for targeted advertising?
What action can users take regarding cookies in most web browsers?
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Why might Selma and Sebastian consider using cookies extensively?
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What do necessary cookies primarily enable on trading websites?
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Which statement is true about cookies and user consent?
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What can be a consequence of using third-party cookies without appropriate consent?
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What is the primary condition under which a session cookie can be used without consent?
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Which of the following describes 'privacy by design' according to the GDPR?
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What does the term 'dark patterns' refer to in the context of consent boxes?
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What is the primary legal ground for processing transactional data in an online shop?
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What is stated about pre-ticked consent boxes in relation to cookies?
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Which of the following best describes the principle of 'privacy by default'?
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Under which condition can an online shop process personal data without explicit consent?
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Which of the following is NOT a valid ground for processing personal data under Article 6(1)?
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Which aspect of online shops is emphasized under the GDPR?
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How should an online shop justify processing personal data for advertisements?
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According to recent rulings, how is valid consent characterized?
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Which statement accurately reflects the limitations of processing data for a contract?
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What is a primary concern regarding the requirement for users to consent to cookies?
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What does Article 6(1)(f) pertain to in the context of data processing?
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Which type of data processing is explicitly excluded from Article 6(1)(b)?
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What challenge do online shops face regarding Article 9 in data processing?
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What must any transfer of personal data to a third country rely on?
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Which of the following countries currently has an adequacy decision under the GDPR?
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What was the outcome of the CJEU's decision regarding the Privacy Shield Agreement?
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Which of the following options is NOT a reliable transfer tool for transferring data to a third country?
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Why might companies offer surprisingly cheap services, according to Selma's concerns?
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Which agreement was declared void in the Schrems I decision prior to the Privacy Shield Agreement?
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When does Selma feel relieved regarding data transfers?
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What does an adequacy decision ensure regarding a third country?
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What is considered 'processing' of personal data?
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Which activity is excluded from the definition of personal data processing?
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Who is defined as a 'data subject' under GDPR?
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What role does a 'controller' have in relation to personal data?
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Which statement about a 'processor' is true?
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Which of the following statements is accurate regarding the GDPR?
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Which of the following best describes the term 'data processing' in a household context?
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What is a key characteristic of data controlled by the 'controller'?
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Study Notes
Legal Grounds for Data Processing
- Article 6 of the GDPR provides legal grounds for processing personal data, focusing on consent and necessity.
- Consent (Article 6(1)(a)): Data subject must voluntarily agree to the processing for specific purposes.
- Contract necessity (Article 6(1)(b)): Processing required for fulfilling a contract the data subject is a party to.
- Legitimate interests (Article 6(1)(f)): Processing is essential to the controller's or a third party's interests, not overridden by the data subject's rights.
Importance of Contractual Grounds
- Online shops primarily rely on Article 6(1)(b) for processing transactional data, such as names, addresses, and payment information.
- Processing must be limited to what is strictly necessary to fulfill the contract, prohibiting unrelated data uses, like creating personalized ads.
Cookies and User Consent
- Cookies are small data files stored on a user's device, enabling websites to remember user actions and preferences.
- Session cookies are crucial for enabling smooth shopping experiences, while third-party cookies track behavior for targeted ads.
- Consent is required for storing non-essential cookies; users must explicitly agree, as implied consent (e.g., continuing to browse) is insufficient.
Design Requirements for Online Shops
- "Privacy by design": Data protection principles must be integrated into the technical design of websites.
- "Privacy by default": Default settings should allow the processing of only the minimum necessary data for specific purposes.
Data Transfers to Third Countries
- Transfer of personal data outside the EU/EEA is complex, especially with U.S. software solutions that may require data feedback.
- Adequacy decisions by the European Commission assure that third countries provide adequate data protection (e.g., Canada, Japan, Switzerland).
- The Privacy Shield Agreement was invalidated by the CJEU, affecting data transfers to U.S. companies.
Understanding Key Terms
- Processing encompasses any action performed on personal data (collection, storage, alteration, etc.) and includes both automated and manual methods.
- Data subjects are identifiable individuals whose data is being processed, requiring legal protection.
- Controllers determine the purposes of data processing, while processors follow the controller's instructions concerning that data.
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Description
This quiz explores the legal grounds for data processing under Article 6 of the GDPR, focusing on consent, contractual necessity, and legitimate interests. Learn how online shops must ensure compliance when handling personal data and the implications of user consent concerning cookies.