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PECB GDPR Exam - Topic 3 Question 8 Discussion

Actual exam question for PECB's GDPR exam
Question #: 8
Topic #: 3
[All GDPR Questions]

Scenario 4:

Berc is a pharmaceutical company headquartered in Paris, France, known for developing inexpensive improved healthcare products. They want to expand to developing life-saving treatments. Berc has been engaged in many medical researches and clinical trials over the years. These projects required the processing of large amounts of data, including personal information. Since 2019, Berc has pursued GDPR compliance to regulate data processing activities and ensure data protection. Berc aims to positively impact human health through the use of technology and the power of collaboration. They recently have created an innovative solution in participation with Unty, a pharmaceutical company located in Switzerland. They want to enable patients to identify signs of strokes or other health-related issues themselves. They wanted to create a medical wrist device that continuously monitors patients' heart rate and notifies them about irregular heartbeats. The first step of the project was to collect information from individuals aged between 50 and 65. The purpose and means of processing were determined by both companies. The information collected included age, sex, ethnicity, medical history, and current medical status. Other information included names, dates of birth, and contact details. However, the individuals, who were mostly Berc's and Unty's customers, were not aware that there was an arrangement between Berc and Unty and that both companies have access to their personal data and share it between them. Berc outsourced the marketing of their new product to an international marketing company located in a country that had not adopted the adequacy decision from the EU commission. However, since they offered a good marketing campaign, following the DPO's advice, Berc contracted it. The marketing campaign included advertisement through telephone, emails, and social medi

a. Berc requested that Berc's and Unty's clients be first informed about the product. They shared the contact details of clients with the marketing company. Based on this scenario, answer the following Questio n:

Questio n:

Based on scenario 4, Berc shared personal information of its clients with an international marketing company even though an adequacy decision was absent. Which of the following is a valid reason to do so?

Show Suggested Answer Hide Answer
Suggested Answer: C

Under Article 46 of GDPR, in the absence of an adequacy decision, controllers can transfer data only if appropriate safeguards (e.g., Standard Contractual Clauses, Binding Corporate Rules) are in place.

Option C is correct because safeguards such as SCCs allow data transfers when no adequacy decision exists.

Option A is incorrect because adequacy decisions are a legal requirement, not optional.

Option B is incorrect because a CISO cannot authorize GDPR data transfers.

Option D is incorrect because reputation does not ensure GDPR compliance.


GDPR Article 46(1) (Appropriate safeguards for data transfers)

Recital 108 (Legally binding commitments for data protection)

Contribute your Thoughts:

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Dalene
2 months ago
Just because the CISO approved it doesn’t mean it’s compliant.
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Evan
2 months ago
Wait, they didn’t inform clients about data sharing? That’s a huge red flag!
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Tracey
2 months ago
Berc shared personal info without an adequacy decision. That's risky!
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Filiberto
3 months ago
Totally agree, the marketing company’s reputation isn’t enough for compliance!
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Avery
3 months ago
I think option C makes the most sense here. Safeguards are key!
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Daisy
3 months ago
I recall that the GDPR emphasizes appropriate safeguards, so I lean towards option C, but I’m not entirely confident.
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Lanie
3 months ago
I’m a bit confused about the role of the CISO in data transfers. Does their authorization really override the need for an adequacy decision?
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Nancey
4 months ago
I think we practiced a similar question where the adequacy decision was crucial. It feels like option C might be the right choice here.
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Mirta
4 months ago
I remember discussing how data transfers need to have adequate safeguards, but I'm not sure if just having a good reputation is enough.
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Carisa
4 months ago
This is a tricky one, but I think the key is to focus on the GDPR requirements for international data transfers. Option C seems to be the most relevant, as Berc should have implemented appropriate safeguards.
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Mendy
4 months ago
Based on the information provided, I think option C is the best answer. Berc needs to ensure appropriate safeguards are in place for the data transfer, regardless of the lack of an adequacy decision.
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Barney
4 months ago
I'm a bit confused here. The scenario says Berc shared the client data without their knowledge, which seems like a potential GDPR violation. I'm not sure if any of these options fully address that issue.
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Raylene
5 months ago
Okay, let's see. The scenario mentions that an adequacy decision was absent, so that rules out option A. I'm leaning towards option C, as the controller or processor should provide appropriate safeguards.
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Lorean
5 months ago
Hmm, this is a tricky one. I'll need to carefully review the details about Berc's data processing activities and the GDPR requirements for international data transfers.
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Dorian
8 months ago
Ooh, Berc's really playing with fire here, aren't they? I'd say option C is the way to go – can't have them sharing all that personal data without some serious protection in place.
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Brinda
7 months ago
Yeah, it's important to ensure that appropriate safeguards are in place when sharing personal data.
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Jesusita
8 months ago
I agree, option C seems like the safest choice in this situation.
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Rosio
8 months ago
Ah, the old 'pass the buck to the marketing company' move. Classic! But seriously, option C is the way to go. Gotta have those safeguards in place, no matter what.
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Regenia
8 months ago
Haha, can you imagine if Berc's CISO just gave the green light to this whole thing? That would be a total disaster! I'd have to go with option C, seems like the only valid choice here.
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Bettina
7 months ago
Agreed, it's important to prioritize data protection in situations like this.
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Kallie
8 months ago
Definitely, it's crucial to have appropriate safeguards in place.
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Lucille
8 months ago
Yeah, option C makes the most sense. They need to ensure data protection.
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Georgeanna
8 months ago
I know, right? That would be a huge mistake.
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Jeanice
8 months ago
That's a good point, Jamal. It's crucial to have multiple layers of protection when sharing personal data.
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Jamal
8 months ago
But shouldn't they also consider obtaining authorization from Berc's Chief Information Security Officer (CISO)?
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Noel
9 months ago
Ooh, this is a juicy one! Berc really dropped the ball by not getting that adequacy decision, didn't they? I'd say option C is the way to go – gotta have those appropriate safeguards, you know?
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Tegan
7 months ago
Absolutely, without appropriate safeguards, personal data can be at risk.
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Magda
7 months ago
Option C is definitely crucial in ensuring data protection.
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Latosha
8 months ago
Option C) The controller or processor provides appropriate safeguards for data protection.
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Harris
9 months ago
I agree with you, Jeanice. It's important to ensure that data protection measures are in place.
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Jeanice
10 months ago
I think the valid reason could be that the controller or processor provides appropriate safeguards for data protection.
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Annamaria
10 months ago
Hmm, this seems like a tricky scenario. I'm not sure if the marketing company's reputation alone can ensure compliance with data protection standards. There might be more safeguards needed.
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Alfreda
8 months ago
Hmm, you're right. It's important for Berc to ensure that appropriate safeguards are in place for data protection.
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Cristal
9 months ago
C) The controller or processor provides appropriate safeguards for data protection.
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Gearldine
9 months ago
A) The transfer of data does not depend on the adoption of an adequacy decision by the country where the company is located.
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