Scenario 4:
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 Unty, 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 Unty's customers, were not aware that there was an arrangement between Berc and Unty 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 medi
a. Berc requested that Berc's and Unty'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 Questio n:
Questio n:
Based on scenario 4, to which of the companies can data subjects exercise their rights under GDPR?
Answer : A
GDPR Article 26(3) (Joint controllers must ensure data subjects can exercise their rights).
Scenario 4:
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 medi
a. 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 Questio n:
Questio n:
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?
Answer : A
Under Article 13 of GDPR, data subjects must be informed about who processes their data, including joint controllers. This ensures transparency and accountability.
Option A is correct because individuals have the right to know who processes their data.
Option B is incorrect because controllers do not have the discretion to withhold this information.
Option C is incorrect because data processing arrangements must be transparent.
Option D is incorrect because organizations, not authorities, must ensure transparency.
GDPR Article 13(1)(a) (Identity of controllers must be disclosed)
Recital 60 (Transparency in processing)
Scenario 4:
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 Unty, 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 Unty's customers, were not aware that there was an arrangement between Berc and Unty 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 medi
a. Berc requested that Berc's and Unty'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 Questio n:
Questio n:
Based on scenario 4, Berc shared personal information of its clients with an international marketing company even though an adequacy decision was absent. Which of the following is a valid reason to do so?
Answer : C
Under Article 46 of GDPR, in the absence of an adequacy decision, controllers can transfer data only if appropriate safeguards (e.g., Standard Contractual Clauses, Binding Corporate Rules) are in place.
Option C is correct because safeguards such as SCCs allow data transfers when no adequacy decision exists.
Option A is incorrect because adequacy decisions are a legal requirement, not optional.
Option B is incorrect because a CISO cannot authorize GDPR data transfers.
Option D is incorrect because reputation does not ensure GDPR compliance.
GDPR Article 46(1) (Appropriate safeguards for data transfers)
Recital 108 (Legally binding commitments for data protection)
Scenario 4:
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 Unty, 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 Unty's customers, were not aware that there was an arrangement between Berc and Unty 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 medi
a. Berc requested that Berc's and Unty'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 Questio n:
Questio n:
Based on scenario 4, Berc followed the DPO's advice for outsourcing an international marketing company in the absence of an adequacy decision. Is the DPO responsible for evaluating this case?
Answer : C
Under Article 44 of GDPR, the controller (Berc) is responsible for ensuring lawful data transfers. The DPO advises on compliance but does not make final decisions on data transfers.
Option C is correct because the controller (Berc) must evaluate the legality of the transfer.
Option A is incorrect because DPOs provide advice but do not evaluate data transfer legality.
Option B is incorrect because DPOs do not have executive decision-making authority.
Option D is incorrect because data protection rules vary by jurisdiction, making this assumption incorrect.
GDPR Article 44 (General principle for transfers)
GDPR Article 39(1)(a) (DPO's advisory role)
Scenario 4:
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 Unty, 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 Unty's customers, were not aware that there was an arrangement between Berc and Unty 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 medi
a. Berc requested that Berc's and Unty'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 Questio n:
Questio n:
Is the transfer of data from Berc to Unty in compliance with GDPR?
Answer : A
Under Article 45 of GDPR, data transfers to third countries are lawful if the European Commission has adopted an adequacy decision, meaning the country offers equivalent protection to GDPR. Switzerland has such an adequacy decision, making Berc's transfer lawful.
Option A is correct because Switzerland meets GDPR adequacy standards.
Option B is incorrect because having the same purpose does not automatically make the transfer lawful.
Option C is incorrect because no supervisory authorization is needed when an adequacy decision exists.
Option D is incorrect because a DPIA is not required for a GDPR-compliant transfer.
GDPR Article 45(1) (Adequacy decisions for third countries)
European Commission Decision on Switzerland's adequacy
Scenario 3:
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 dat
a. 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 Questio n:
Questio n:
Based on scenario 3, Lisa was advised to take orders from the heads of other departments. Is this acceptable under GDPR?
Answer : C
Under Article 38(3) of GDPR, the DPO must operate independently, without receiving instructions regarding the execution of their tasks. A DPO should not be pressured or influenced by the organization when assessing data protection compliance.
Option C is correct because GDPR explicitly states that DPOs must act independently.
Option A is incorrect because no department heads should interfere with the DPO's decisions.
Option B is incorrect because DPOs should not take orders on GDPR matters.
Option D is incorrect because DPOs must not be influenced by management, even if they provide general compliance guidance.
GDPR Article 38(3) (DPO independence)
Recital 97 (DPO's autonomy and protection from pressure)
Scenario 3:
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 dat
a. 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 Questio n:
Questio n:
According to scenario 3, Tibko stores archived data on behalf of COR Bank. This means that Tibko is a:
Answer : B
Under Article 4(8) of GDPR, a data processor processes personal data on behalf of a controller and does not determine the purpose of processing. Tibko only stores and manages data but does not decide why it is processed.
Option B is correct because Tibko acts as a processor for COR Bank.
Option A is incorrect because Tibko does not determine data processing purposes.
Option C is incorrect because joint controllers must jointly decide on processing purposes.
Option D is incorrect because Tibko does not act as an independent controller.
GDPR Article 4(8) (Definition of a processor)
GDPR Article 28 (Processor obligations)