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Questions and Answers

Under the GDPR, which of the following is considered a derogation for data transfer?

Transfer between unrelated entities

Transfer without any consent

Transfer for marketing purposes

Transfer from a public register (correct)

What is the last-resort derogation for data transfer under GDPR?

Transfer without any specified requirements

Transfer based on legitimate interests (correct)

Transfer for personal use

Transfer without notifying the DPA

In the context of GDPR, what does an adequacy decision relate to?

Data retention requirements

Third-country data transfer regulations (correct)

Data processing speed

Data encryption standards

Which of the following is NOT a condition under which a transfer may occur as per the derogations mentioned?

Vital interests protection of capable individuals Signup and view all the answers

According to EU regulators' interpretation, how broadly are derogations for data transfer permitted?

Narrowly, citing case law Signup and view all the answers

What is the maximum fine for lower-level category violations under the GDPR?

€10 million Signup and view all the answers

Which of the following countries have adopted criminal sanctions for GDPR violations?

At least 10 countries Signup and view all the answers

What are the permissible methods to transfer data to 'third countries' under the GDPR?

Appropriate safeguards and derogations Signup and view all the answers

Which of the following is NOT considered a transfer mechanism to non-EEA countries under the GDPR?

Binding corporate rules Signup and view all the answers

What do the EU requirements for international data transfers under the GDPR prohibit?

Transfers to non-EEA countries without an adequacy decision Signup and view all the answers

What is the main reason why familiarity with the GDPR is important for most privacy professionals in the U.S.?

Many countries worldwide are enacting privacy laws modeled after the GDPR. Signup and view all the answers

What is the significance of the EU's GDPR in relation to international data flows?

It sets a standard for data protection that many countries are following. Signup and view all the answers

Which aspect is a key consideration for ensuring compliance with GDPR regulations when transferring data from the EU to third countries?

Implementing appropriate safeguards for data transfers to third countries. Signup and view all the answers

Which of the following is considered an 'adequacy decision' under GDPR regulations?

A determination that a third country provides an adequate level of data protection. Signup and view all the answers

What is one of the rule-of-law protections required for international data transfers under GDPR?

Individuals must be informed and have access to effective judicial remedies in case of rights violations. Signup and view all the answers

What is the requirement for controllers regarding communicating rectification or erasure of personal data under the GDPR?

Controllers are required to communicate any rectification or erasure of personal data to each recipient to whom they have disclosed the personal data, unless this is impossible or involves disproportionate effort Signup and view all the answers

What is the right to data portability under the GDPR?

The right to data portability allows data subjects to port data to themselves or to another controller in a structured, commonly used, and machine-readable format such as CSV or Excel files Signup and view all the answers

What is an adequacy decision for data transfers under the GDPR?

An adequacy decision is a decision by the European Commission that a third country ensures an adequate level of protection for personal data transferred from the EU Signup and view all the answers

What are appropriate safeguards for data transfers under the GDPR?

Appropriate safeguards are legal mechanisms that ensure the protection of personal data transferred to a third country or an international organization Signup and view all the answers

What are rule-of-law protections for data transfers under the GDPR?

Rule-of-law protections are legal mechanisms that ensure the protection of personal data transferred to a third country or an international organization, and that the third country or international organization has adequate rule-of-law protections in place Signup and view all the answers

Study Notes

Right to Erasure and Restriction of Processing

The controller does not need personal data, but the data subject requires it for the establishment, exercise, or defense of legal claims.
The controller is verifying whether its legitimate grounds override those of the data subject.
The GDPR requires controllers to communicate any rectification or erasure of personal data and any restriction of processing to each recipient to whom they have disclosed the personal data.

Right to Data Portability

The GDPR strengthens data subjects' control and access to their personal data with the right to data portability.
Data subjects can port data to themselves or to another controller.
Data subjects may request that the data is provided in a structured, commonly used, and machine-readable format such as CSV or Excel files.

Transfers of Personal Data

The GDPR governs cross-border transfers of personal data from the EU and Norway, Liechtenstein, and Iceland (EEA) to non-EEA countries or international organizations.
Transfers are prohibited unless one of the following transfer mechanisms can be relied upon: an adequacy decision, an appropriate safeguard, or a derogation.
An adequacy decision is needed for transfers to adequate countries.
Appropriate safeguards and derogations are used for transfers to other "third countries" outside the EEA.

Derogations

Derogations allow for a transfer if the data subject has provided explicit consent to the transfer or if the transfer is necessary for one of the following:
- The performance of a contract between the data subject and controller.
- The performance or conclusion of a contract concluded in the interest of the data subject between the controller and a third party.
- Important reasons of public interest.
- The establishment, exercise, or defense of legal claims.
- The protection of the vital interests of an individual incapable of giving consent.
A transfer is also allowed if made from a public register.
As a last-resort derogation, a transfer may take place if none of the other derogations apply if it is necessary for the purposes of compelling legitimate interests.

Fines and Criminal Sanctions

The maximum fines can be the greater of €10 million or 2 percent of global annual revenues.
Member states are permitted to impose criminal sanctions for violation of the GDPR.
At least 10 countries have adopted criminal sanctions.

EU Requirements for International Data Transfers

The GDPR governs cross-border transfers of personal data.
Transfers of personal data from the EU and Norway, Liechtenstein, and Iceland (EEA) to non-EEA countries or international organizations are prohibited unless one of the following transfer mechanisms can be relied upon: an adequacy decision, an appropriate safeguard, or a derogation.
The EDPB and other EU regulators have interpreted the scope of these derogations relatively narrowly, citing case law permitting derogations only so far as is "strictly necessary".

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Description

Test your knowledge of international data protection regulations, with a focus on the EU's GDPR and its impact on businesses worldwide. This quiz covers rules governing data flows, data breaches, and privacy laws similar to GDPR.