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PECB GDPR Exam - Topic 1 Question 21 Discussion

Scenario 3:COR Bank is an international banking group that operates in 31 countries. It was formed as the merger of two well-known investment banks in Germany. Their two main fields of business are retail and investment banking. COR Bank provides innovative solutions for services such as payments, cash management, savings, protection insurance, and real-estate services. COR Bank has a large number of clients and transactions. Therefore, they process large information, including clients' personal data. Some of the data from the application processes of COR Bank, including archived data, is operated by Tibko, an IT services company located in Canada. To ensure compliance with the GDPR, COR Bank and Tibko have reached a data processing agreement Based on the agreement, the purpose and conditions of data processing are determined by COR Bank. However, Tibko is allowed to make technical decisions for storing the data based on its own expertise. COR Bank aims to remain a trustworthy bank and a long-term partner for its clients. Therefore, they devote special attention to legal compliance. They started the implementation process of a GDPR compliance program in 2018. The first step was to analyze the existing resources and procedures. Lisa was appointed as the data protection officer (DPO). Being the information security manager of COR Bank for many years, Lisa had knowledge of the organization's core activities. She was previously involved in most of the processes related to information systems management and data protection. Lisa played a key role in achieving compliance to the GDPR by advising the company regarding data protection obligations and creating a data protection strategy. After obtaining evidence of the existing data protection policy, Lisa proposed to adapt the policy to specific requirements of GDPR. Then, Lisa implemented the updates of the policy within COR Bank. To ensure consistency between processes of different departments within the organization, Lisa has constantly communicated with all heads of GDPR. Then, Lisa implemented the updates of the policy within COR Bank. To ensure consistency between processes of different departments within the organization, Lisa has constantly communicated with all heads of departments. As the DPO, she had access to several departments, including HR and Accounting Department. This assured the organization that there was a continuous cooperation between them. The activities of some departments within COR Bank are closely related to data protection. Therefore, considering their expertise, Lisa was advised from the top management to take orders from the heads of those departments when taking decisions related to their field. Based on this scenario, answer the following Questio n:Questio n:Considering the GDPR's territorial scope and the data processing agreement between COR Bank and Tibko, which of the following best describes Tibko's obligations under the GDPR?
C) Tibko is required to comply with the GDPR because it processes personal data on behalf of COR Bank, and COR Bank determines the purpose of processing under their agreement.
A) Tibko's compliance with GDPR is limited to implementing technical safeguards for data storage, as stipulated by the data processing agreement with COR Bank.
B) Tibko must adhere to all GDPR provisions independently, including determining the purpose of processing personal data, as a processor acting under COR Bank's authority.
D) Tibko is not subject to GDPR since it is located outside the EU and only provides IT services.

PECB GDPR Exam - Topic 1 Question 21 Discussion

Actual exam question for PECB's GDPR exam
Question #: 21
Topic #: 1
[All GDPR Questions]

Scenario 3:

COR Bank is an international banking group that operates in 31 countries. It was formed as the merger of two well-known investment banks in Germany. Their two main fields of business are retail and investment banking. COR Bank provides innovative solutions for services such as payments, cash management, savings, protection insurance, and real-estate services. COR Bank has a large number of clients and transactions. Therefore, they process large information, including clients' personal dat

a. Some of the data from the application processes of COR Bank, including archived data, is operated by Tibko, an IT services company located in Canada. To ensure compliance with the GDPR, COR Bank and Tibko have reached a data processing agreement Based on the agreement, the purpose and conditions of data processing are determined by COR Bank. However, Tibko is allowed to make technical decisions for storing the data based on its own expertise. COR Bank aims to remain a trustworthy bank and a long-term partner for its clients. Therefore, they devote special attention to legal compliance. They started the implementation process of a GDPR compliance program in 2018. The first step was to analyze the existing resources and procedures. Lisa was appointed as the data protection officer (DPO). Being the information security manager of COR Bank for many years, Lisa had knowledge of the organization's core activities. She was previously involved in most of the processes related to information systems management and data protection. Lisa played a key role in achieving compliance to the GDPR by advising the company regarding data protection obligations and creating a data protection strategy. After obtaining evidence of the existing data protection policy, Lisa proposed to adapt the policy to specific requirements of GDPR. Then, Lisa implemented the updates of the policy within COR Bank. To ensure consistency between processes of different departments within the organization, Lisa has constantly communicated with all heads of GDPR. Then, Lisa implemented the updates of the policy within COR Bank. To ensure consistency between processes of different departments within the organization, Lisa has constantly communicated with all heads of departments. As the DPO, she had access to several departments, including HR and Accounting Department. This assured the organization that there was a continuous cooperation between them. The activities of some departments within COR Bank are closely related to data protection. Therefore, considering their expertise, Lisa was advised from the top management to take orders from the heads of those departments when taking decisions related to their field. Based on this scenario, answer the following Questio n:

Questio n:

Considering the GDPR's territorial scope and the data processing agreement between COR Bank and Tibko, which of the following best describes Tibko's obligations under the GDPR?

Show Suggested Answer Hide Answer
Suggested Answer: C

Under Article 3(2) of GDPR, GDPR applies extraterritorially if an entity outside the EU processes personal data of EU residents on behalf of a controller subject to GDPR. Tibko processes COR Bank's client data, making it subject to GDPR as a processor under Article 28.

Option C is correct because Tibko must comply with GDPR since it processes EU data on behalf of COR Bank.

Option A is incorrect because processors must comply with broader GDPR obligations, not just technical safeguards.

Option B is incorrect because processors do not determine the purpose of processing; that is the controller's responsibility.

Option D is incorrect because location outside the EU does not exempt processors from GDPR obligations.


GDPR Article 3(2) (Territorial Scope)

GDPR Article 28(1) (Processor obligations)

Recital 81 (Processor responsibilities)

Contribute your Thoughts:

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Thurman
1 day ago
I disagree with D, GDPR applies to any data processing involving EU citizens.
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Denise
6 days ago
Definitely not A, they have more responsibilities than just technical safeguards.
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Dick
11 days ago
Wait, how can Tibko not be subject to GDPR if they handle EU data?
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Larae
17 days ago
I think it's option C, makes the most sense!
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Leslie
22 days ago
Tibko has to comply with GDPR since they process personal data for COR Bank.
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Matthew
27 days ago
I definitely recall that a data processor must comply with GDPR when processing data on behalf of a controller, so I lean towards option C being the best choice.
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Jesus
1 month ago
I feel like option D could be misleading since GDPR has extraterritorial reach, but I’m not completely confident about the specifics.
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Maxima
1 month ago
I remember a practice question where we discussed the roles of data controllers and processors. It seems like Tibko is more of a processor here, so maybe option C is correct?
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Joseph
1 month ago
I think Tibko's obligations might be tied to how they process data for COR Bank, but I'm not entirely sure if they have to follow all GDPR rules.
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