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BCS PDP9 Exam - Topic 9 Question 12 Discussion

A company based in France uses a specialist IT support business in China The two companies have signed a Data Processing Agreement. The Chinese business provides specialist IT support for the French company's digital customer experience platform No personal data is sent to China, but employees of the Chinese business access the platform on a regular basis and have access to the databases that sit behind it. Which of the following statements is CORRECT in relation to the French company's requirements to ensure compliance with the GDPR?
A) No personal data is being transferred, therefore no transfer mechanism is needed
B) The French company must identify and implement an appropriate transfer mechanism
C) There is a Data Processing Agreement in place therefore no transfer mechanism is needed
D) China provides an adequate level of protection for personal data, therefore no transfer mechanism is needed

BCS PDP9 Exam - Topic 9 Question 12 Discussion

Actual exam question for BCS's PDP9 exam
Question #: 12
Topic #: 9
[All PDP9 Questions]

A company based in France uses a specialist IT support business in China The two companies have signed a Data Processing Agreement. The Chinese business provides specialist IT support for the French company's digital customer experience platform No personal data is sent to China, but employees of the Chinese business access the platform on a regular basis and have access to the databases that sit behind it. Which of the following statements is CORRECT in relation to the French company's requirements to ensure compliance with the GDPR?

Show Suggested Answer Hide Answer
Suggested Answer: A

If a complainant disagrees with the decision of the UK's supervisory authority, which is the Information Commissioner's Office (ICO), they have the right to appeal to the First Tier Tribunal (Information Rights). The tribunal is an independent body that can review the ICO's decision and either uphold it, vary it or cancel it. The tribunal can also direct the ICO to take certain actions, such as issuing a decision notice or an enforcement notice. The appeal must be lodged within 28 days of receiving the ICO's decision, using the notice of appeal form and providing the relevant documents and grounds for appeal. The tribunal will then notify the ICO and the complainant of the appeal and the procedure for dealing with it. The tribunal may hold a hearing to examine the evidence and arguments of both parties, or decide the case on the basis of written submissions only. The tribunal will issue a written decision, which will be sent to both parties and published on the tribunal's website. The tribunal's decision can be further appealed to the Upper Tribunal on a point of law, with the permission of the First Tier Tribunal or the Upper Tribunal.Reference:

Information rights and data protection: appeal against the Information Commissioner1

Notice of appeal form2

First Tier Tribunal (Information Rights) website3


by Kattie at Apr 20, 2024, 11:52 PM

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Nickie
8 months ago
D is definitely not true, China’s laws are not GDPR compliant.
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Chantell
8 months ago
Wait, is it true that China has adequate protection? That seems off!
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Blythe
9 months ago
C is misleading, a DPA doesn't exempt them from compliance.
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Blair
9 months ago
I disagree, B makes more sense. They need a transfer mechanism.
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Bettye
9 months ago
A is correct, no personal data is transferred.
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In
9 months ago
I thought I read that China doesn't have an adequate level of protection according to GDPR, so I doubt option D is correct.
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Cassi
10 months ago
I feel like I came across a similar question where the focus was on access versus transfer. It seems like the French company might still have obligations here.
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Arlette
10 months ago
I'm not entirely sure, but I think the Data Processing Agreement alone doesn't exempt the company from needing a transfer mechanism.
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Lenna
10 months ago
I remember studying that even if no personal data is transferred, access to databases can still be a concern under GDPR. So, I think a transfer mechanism might be needed.
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Marya
10 months ago
I'm pretty confident that option B is the correct answer here. The French company needs to ensure they have the right transfer mechanism in place, even though no personal data is being physically transferred.
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Kaycee
10 months ago
I agree, the transfer mechanism is the important part here. Since personal data is being accessed by the Chinese business, the French company needs to identify and implement an appropriate transfer mechanism, even though no data is actually being sent to China.
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Timothy
10 months ago
Okay, let's see. The French company is using a Chinese IT support business, and they have a Data Processing Agreement. But the question is about GDPR compliance, so I think the transfer mechanism is the key thing to focus on.
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Justine
10 months ago
This question seems straightforward, but I want to make sure I understand the key details before answering.
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Launa
10 months ago
Yeah, that's my understanding too. The fact that there's a Data Processing Agreement in place doesn't mean they can just ignore the GDPR requirements for international data transfers.
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Jennifer
10 months ago
Okay, got it. The key is to find the best way to ensure a reliable supply chain and avoid bottlenecks. I think I'll focus on that as I evaluate the choices.
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Marge
10 months ago
Okay, let's see here. The key is understanding what "out-of-service" means in the context of ACI. I think I know the right answer, but I'll double-check the options to be sure.
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Deonna
10 months ago
Nice, I agree with Emily. The Engagement Split seems like the best way to handle this scenario and keep the journey as simple as possible.
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Katie
1 year ago
Haha, someone must have been napping during the GDPR training for that one to make it onto the exam. Good thing I didn't pick that answer, or I'd be in hot water!
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Inocencia
1 year ago
I agree, staying informed is key to avoiding any compliance issues.
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Juan
1 year ago
Definitely! It's crucial to understand data protection regulations.
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Lauran
1 year ago
I know, right? It's important to always be aware of GDPR requirements.
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Fabiola
1 year ago
I'm surprised option D is even an option. China is definitely not on the EU's list of countries with adequate data protection, so that one's just ridiculous.
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Cecilia
1 year ago
I agree with Elliot. The GDPR requires a transfer mechanism whenever personal data is accessed by a third-party outside the EU, regardless of whether the data is physically transferred.
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Julene
1 year ago
I agree, the GDPR is strict on data protection
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Gerald
1 year ago
C) There is a Data Processing Agreement in place therefore no transfer mechanism is needed
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Xuan
1 year ago
I think B) The French company must identify and implement an appropriate transfer mechanism
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Nickie
1 year ago
A) No personal data is being transferred, therefore no transfer mechanism is needed
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Elliot
1 year ago
Option B is the correct answer. The French company must identify and implement an appropriate transfer mechanism, even though no personal data is being transferred directly, since the Chinese business has access to the French company's databases.
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Azalee
1 year ago
D) China provides an adequate level of protection for personal data, therefore no transfer mechanism is needed
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Jesus
1 year ago
C) There is a Data Processing Agreement in place therefore no transfer mechanism is needed
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Fernanda
1 year ago
B) The French company must identify and implement an appropriate transfer mechanism
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Hollis
1 year ago
A) No personal data is being transferred, therefore no transfer mechanism is needed
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Gwenn
1 year ago
But isn't there a Data Processing Agreement in place? Maybe that covers the requirements for compliance with the GDPR.
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Marget
1 year ago
I agree with Daniela. Even though no personal data is being transferred, the Chinese business still has access to the databases.
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Daniela
1 year ago
I think the French company must identify and implement an appropriate transfer mechanism.
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