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IAPP CIPP/US Exam - Topic 2 Question 86 Discussion

Actual exam question for IAPP's CIPP/US exam
Question #: 86
Topic #: 2
[All CIPP/US Questions]

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What type of legal choice does not notice provide?

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Suggested Answer: B

A cookie is a small piece of data that a website sends to a user's browser and stores on the user's device, usually for the purpose of remembering the user's preferences, settings, or actions1.

A cookie notice is a message that informs the user about the website's use of cookies and the user's choices regarding the acceptance or rejection of cookies2.

A legal choice is the mechanism that the website provides to the user to express their consent or dissent to the use of cookies2.

There are different types of legal choices for cookie notices, depending on the applicable laws and regulations, such as the General Data Protection Regulation (GDPR) in the European Union or the California Consumer Privacy Act (CCPA) in the United States34.

The four types of legal choices mentioned in the question are:

Mandatory: The website does not allow the user to access the site unless they accept the use of cookies.This type of choice is generally considered unlawful and non-compliant with the GDPR and the CCPA34.

Implied consent: The website assumes that the user consents to the use of cookies by continuing to browse the site or by dismissing the cookie notice. This type of choice is often used by websites that operate in the U.S.or other jurisdictions that do not have strict cookie laws, but it may not be sufficient for the GDPR or the CCPA34.

Opt-in: The website requires the user to explicitly agree to the use of cookies by clicking a button or checking a box.This type of choice is usually compliant with the GDPR and the CCPA, as it ensures that the user gives informed and affirmative consent34.

Opt-out: The website allows the user to reject the use of cookies by clicking a link or changing their browser settings.This type of choice is also compliant with the GDPR and the CCPA, as it gives the user the right to withdraw their consent at any time34.

Based on the description of the cookie notice in the question, the type of legal choice that the notice provides isimplied consent, as the website does not explicitly ask for the user's agreement, but rather assumes that the user accepts the use of cookies by using the site. The notice also provides a link for the user to opt out of cookies by setting their browser to refuse them.


Contribute your Thoughts:

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Antonio
16 days ago
Totally agree, it's all about implied consent here.
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Kerry
21 days ago
This notice doesn't give an opt-in choice.
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Laurel
26 days ago
I'm going with B) Implied consent. The notice doesn't give you a choice, it just says they're using cookies.
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Judy
1 month ago
D) Opt-out seems like the right choice here. The notice is just informing you, not asking for your consent.
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Lili
1 month ago
Haha, this is a tricky one. I bet the answer is C) Opt-in, because who actually reads those cookie notices anyway?
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Paola
1 month ago
Hmm, I'm not sure. I was thinking B) Implied consent, since the notice doesn't explicitly ask for your permission.
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Michal
2 months ago
I think the answer is D) Opt-out. The notice doesn't explicitly ask for consent, it just says you can refuse cookies.
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Antonette
2 months ago
I practiced a similar question where "Opt-in" was the answer, but I feel like this notice is more about "Opt-out" since it mentions refusing cookies.
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Aleta
2 months ago
I’m confused about the difference between "Opt-in" and "Opt-out." I thought "Opt-in" meant you have to actively agree, but this notice seems to imply you can just refuse cookies.
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Sena
2 months ago
I remember discussing implied consent in class, but this notice seems more about giving users a choice to refuse cookies, so maybe it's "Opt-out"?
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Cary
2 months ago
I think the notice suggests that users have to accept cookies by default, which makes me lean towards "Opt-out." But I'm not entirely sure.
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Elke
2 months ago
Hmm, I'm not totally sure. I'll eliminate the options I'm less certain about and then make an educated guess on the remaining choices.
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Fernanda
3 months ago
I'm pretty confident about this one. The notice provides instructions for users to refuse cookies, so the type of consent it doesn't offer is opt-in.
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Rosendo
3 months ago
Wait, I'm a little confused. Is opt-in the same as mandatory consent? I need to review those concepts again.
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Cyndy
4 months ago
Okay, I think I've got this. The notice talks about cookies and giving users the option to refuse them, so I'm guessing the answer is opt-out.
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Albina
4 months ago
Hmm, this seems like a tricky one. I'll need to think through the different legal consent options carefully.
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Fannie
3 months ago
I think it might be implied consent.
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Rosalind
3 months ago
Opt-in seems unlikely here.
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Tamesha
3 months ago
I’m leaning towards implied consent too.
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