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IAPP CIPP-E Exam - Topic 1 Question 114 Discussion

Actual exam question for IAPP's CIPP-E exam
Question #: 114
Topic #: 1
[All CIPP-E Questions]

A data controller appoints a data protection officer. Which of the following conditions would NOT result in an infringement of Articles 37 to 39 of the GDPR?

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Suggested Answer: A

A data controller appointing a data protection officer who lacks ISO 27001 auditor certification would not result in an infringement of Articles 37 to 39 of the GDPR.According to Article 37 (5) of the GDPR, the data protection officer must be designated on the basis of professional qualities and, in particular, expert knowledge of data protection law and practices and the ability to fulfil the tasks referred to in Article 391.However, the GDPR does not specify any formal qualifications or certifications that the data protection officer must have, and leaves it to the discretion of the controller or the processor to determine the level of expertise required, depending on the complexity and sensitivity of the data processing activities2. Therefore, the lack of ISO 27001 auditor certification, which is a standard for information security management systems, does not necessarily mean that the data protection officer is not qualified or competent for the role.

The other options are incorrect because they would result in an infringement of Articles 37 to 39 of the GDPR.According to Article 37 (6) of the GDPR, the data protection officer may be a staff member of the controller or the processor, or fulfil the tasks on the basis of a service contract1.However, the data protection officer must be independent and report directly to the highest management level of the controller or the processor3.Therefore, if the data protection officer is provided by the data processor, there may be a conflict of interest or a lack of autonomy, which would violate Article 38 (3) and (6) of the GDPR4.

According to Article 38 (6) of the GDPR, the data protection officer may fulfil other tasks and duties, provided that they do not result in a conflict of interests4.However, managing the marketing budget would likely involve a conflict of interests, as the data protection officer would have to oversee and advise on the data processing activities related to marketing, which may not be compatible with his or her role as a data protection officer5.Therefore, if the data protection officer also manages the marketing budget, this would infringe Article 38 (6) of the GDPR4.

According to Article 38 (3) of the GDPR, the data protection officer must not receive any instructions regarding the exercise of his or her tasks4.The data protection officer must act in an independent manner and perform the tasks assigned by the GDPR, such as informing and advising the controller or the processor and the employees, monitoring compliance, cooperating with the supervisory authority, and acting as the contact point for data subjects and the supervisory authority6.Therefore, if the data protection officer receives instructions from the data controller, this would infringe Article 38 (3) of the GDPR4.Reference:1: Article 37 of the GDPR2:Guidelines on Data Protection Officers ('DPOs')3: Article 38 (2) of the GDPR4: Article 38 of the GDPR5:Data protection officer (DPO) | European Commission6: Article 39 of the GDPR

by Isabella at Nov 24, 2025, 03:46 PM

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Glenna
18 days ago
I’m leaning towards A. Lack of certification shouldn't be an issue.
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Jimmie
23 days ago
D is fine too. DPOs can take instructions from controllers.
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Solange
29 days ago
Definitely, C could lead to bias in data handling.
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Madelyn
1 month ago
I feel C is a problem. Managing budgets conflicts with DPO duties.
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Rikki
1 month ago
Agreed, B seems correct. It’s allowed under GDPR.
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Lashon
1 month ago
I think it's B. A DPO can be provided by the processor.
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Mari
2 months ago
B is tricky, but I think it's allowed if the processor is compliant.
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Casandra
2 months ago
Wait, can a DPO manage the marketing budget? That seems off.
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Kaitlyn
2 months ago
Totally agree, that's not a requirement!
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Ines
3 months ago
B) If the data protection officer is provided by the data processor. Hmm, that doesn't sound right. Isn't that a bit of a conflict of interest?
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Ciara
3 months ago
A) If the data protection officer lacks ISO 27001 auditor certification. Who needs certifications anyway? I can do the job with my eyes closed!
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Filiberto
3 months ago
C) If the data protection officer also manages the marketing budget. Sounds like a conflict of interest to me!
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Isabella
3 months ago
D) If the data protection officer receives instructions from the data controller.
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Kristeen
3 months ago
I believe that receiving instructions from the data controller is actually expected, so that might not be an infringement at all.
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Demetra
3 months ago
I practiced a similar question about DPO roles, and I feel like managing the marketing budget might create issues with impartiality.
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Leontine
4 months ago
I think having a DPO provided by the data processor could be a conflict of interest, but I can't recall if that's explicitly mentioned in the GDPR.
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Erasmo
4 months ago
Based on my understanding, the data protection officer needs to be able to perform their duties without any conflicts of interest. So I'm leaning towards option C as the correct answer.
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Apolonia
4 months ago
I'm a bit confused by the wording of the question. Does the GDPR specifically prohibit the data protection officer from having other duties like managing the marketing budget?
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Angella
4 months ago
Okay, let me think this through. I know the data protection officer needs to be independent, so option D seems like it could be the right answer.
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Rex
4 months ago
A DPO doesn't need ISO 27001 certification.
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Roslyn
5 months ago
I remember that the DPO should be independent, but I'm not sure if lacking ISO certification is a dealbreaker.
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Reita
5 months ago
B) If the data protection officer is provided by the data processor.
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Lauran
5 months ago
D) If the data protection officer receives instructions from the data controller. Duh, that's how it's supposed to work!
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Cheryl
5 months ago
I think option D is fine, they can take instructions.
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Lino
5 months ago
Hmm, I think option C might be the answer since the data protection officer shouldn't have any other responsibilities that could conflict with their role.
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Lilli
6 months ago
I'm not entirely sure about this one. The GDPR requirements for data protection officers seem tricky to navigate.
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Crissy
3 days ago
But what about option A? That seems risky.
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Rhea
8 days ago
Agreed! The data controller can give instructions.
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An
13 days ago
I think option D is safe. No infringement there.
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