Most Recent Exin PDPF Exam Questions & Answers

It is up to a supervisory authority to inspect and take measures to compel companies to conform to the GDPR.

According to paragraph 1 of Article 51.

1. Each Member State shall provide for one or more independent public authorities to be responsible for monitoring the application of this Regulation, in order to protect the fundamental rights and freedoms of natural persons in relation to processing and to facilitate the free flow of personal data within the Union ('supervisory authority').

Chapter VI of the GDPR talks about laws on independent supervisory authorities.

Verify that the processor has sufficient security guarantees that are essential for the Controller to remain in

compliance with the GDPR. Remember that the responsibility is always of the controller who must take care of the data of the data subjects that have been entrusted to him.

Recital 81 mentions the following:

(81) To ensure compliance with the requirements of this Regulation in respect of the processing to be carried out by the processor on behalf of the controller, when entrusting a processor with processing activities, the controller should use only processors providing sufficient guarantees, in particular in terms of expert knowledge, reliability and resources, to implement technical and organizational measures which will meet the requirements of this Regulation, including for the security of processing. The adherence of the processor to an approved code of conduct or an approved certification mechanism may be used as an element to demonstrate compliance with the obligations of the controller.

Ascertain whether the breach may have resulted in loss or unlawful processing of personal data: Correct. The very first thing that needs to be done is ascertain that the security incident is in fact a personal data breach. (Literature: A, Chapter 5)

Assess the risk of adverse effects to the data subjects using a data protection impact assessment (DPIA): Incorrect. A DPIA is conducted when designing personal data processing operations. It is not a part of the procedure for a data breach.

Assess whether personal data of a sensitive nature has or may have been unlawfully processed. Incorrect. This is the next step if the incident proves to be a personal data breach - ascertain what type of data breach.

Report the breach immediately to all data subjects and the relevant supervisory authority. Incorrect. Whether the data breach needs to be reported and to whom depends on whether it is a data breach and if so, the type of data breach.

Article 28 of the GDPR in its paragraph 3 mentions:

This contract or other normative act stipulates, inter alia, that the subcontractor:

a) processes the personal data only on documented instructions from the controller, including with regard to transfers of personal data to a third country or an international organisation, unless required to do so by Union or Member State law to which the processor is subject; in such a case, the processor shall inform the controller of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest;

b) ensures that persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;

c) takes all measures required pursuant to Article 32;

d) respects the conditions referred to in paragraphs 2 and 4 for engaging another processor;

e) taking into account the nature of the processing, assists the controller by appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of the controller's obligation to respond to requests for exercising the data subject's rights laid down in Chapter III;

f) assists the controller in ensuring compliance with the obligations pursuant to Articles 32 to 36 taking into account the nature of processing and the information available to the processor;

g) at the choice of the controller, deletes or returns all the personal data to the controller after the end of the provision of services relating to processing, and deletes existing copies unless Union or Member State law requires storage of the personal data;

h) makes available to the controller all information necessary to demonstrate compliance with the obligations laid down in this Article and allow for and contribute to audits, including inspections, conducted by the controller or another auditor mandated by the controller.