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BCS Exam PDP9 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?

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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


Contribute your Thoughts:

Gwenn
6 days 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
8 days 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
13 days ago
I think the French company must identify and implement an appropriate transfer mechanism.
upvoted 0 times
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