IAPP Updated CIPP-E Exam Questions and Answers by meadow

 According to the GDPR, the lead supervisory authority is the supervisory authority with the primary responsibility for dealing with a cross-border processing activity, for example when a data subject makes a complaint about the processing of his or her personal data. The lead supervisory authority is determined according to the location of the main establishment or the single establishment of the controller or processor in the EU. The main establishment is the place where the decisions about the purposes and means of the processing are taken, or where the controller has its central administration in the EU. The single establishment is the only place where the controller or processor is established in the EU. Therefore, in this scenario, T-Craze’s lead supervisory authority is Germany, because that is where T-Craze is headquartered and where it has its main product-design office, which implies that the decisions about the processing of personal data are taken there. The other options are not correct, because the location of the processing, the market or the affiliates are not relevant for determining the lead supervisory authority. References: Free CIPP/E Study Guide, page 39; CIPP/E Certification, page 19; GDPR, Article 4(16), Article 4(22), Article 56, Recital 36.

According to the EDPB Guidelines 05/2020 on consent under Regulation 2016/6791, valid consent for the use of cookies must meet the following conditions:

•It must be freely given, which means that the data subject must have a genuine choice and the ability to refuse or withdraw consent without detriment.

•It must be specific, which means that the data subject must give consent for each distinct purpose of the processing and for each type of cookie.

•It must be informed, which means that the data subject must receive clear and comprehensive information about the identity of the controller, the purposes of the processing, the types of cookies used, the duration of the cookies, and the possibility of withdrawing consent.

•It must be unambiguous, which means that the data subject must express their consent by a clear affirmative action, such as clicking on an “I agree” button or selecting specific settings in a cookie banner.

•It must be granular, which means that the data subject must be able to consent to different types of cookies separately, such as essential, functional, performance, or marketing cookies.

Therefore, a “Cookies Settings” button is not a necessary element to collect valid consent for the use of cookies, as long as the data subject can exercise their choice and preference through other means, such as a cookie banner with different options. However, a “Cookies Settings” button may be a good practice to enhance transparency and user control, as it allows the data subject to access and modify their consent settings at any time.

On the other hand, a “Reject All” cookies button is a necessary element to collect valid consent for the use of cookies, as it ensures that the data subject can freely refuse consent without detriment. A list of cookies that may be placed and information on the purpose of the cookies are also necessary elements to collect valid consent for the use of cookies, as they ensure that the data subject is informed and can give specific consent for each type of cookie.

References: EDPB Guidelines 05/2020 on consent under Regulation 2016/6791, pages 17-23.

 The ePrivacy Directive is a European Union (EU) directive that aims to protect the confidentiality of electronic communications and prevent their indiscriminate interception or monitoring. It was adopted in 2002 and amended in 2009. It applies to all providers of electronic communication services, such as internet service providers, mobile network operators, and online platforms12.

One of the main objectives of the ePrivacy Directive is to ensure that the retention of communications traffic data for law enforcement purposes is subject to strict conditions and safeguards. Communications traffic data refers to any information relating to the transmission or routing of electronic communications, such as IP addresses, timestamps, and metadata3. Such data can be used by competent national authorities for the prevention, investigation, detection or prosecution of criminal offences and safeguarding national security4.

However, the ePrivacy Directive does not allow individual EU member states to engage in such data retention without harmonizing their rules. Article 6(1)(b) of the directive states that “Member States shall ensure that any measures taken by them in relation to the retention of traffic data are consistent with this Directive”. Therefore, each EU member state must adopt a national law that complies with the requirements and limitations set by the directive12.

The Data Retention Directive (DRD) was a previous EU directive that aimed to establish a common framework for the retention of communications traffic data for law enforcement purposes across all EU member states. It was adopted in 2006 and amended in 2010. However, it was annulled by the Court of Justice of the European Union (CJEU) in 2014 on procedural grounds. The CJEU found that some provisions of the DRD were inconsistent with other EU directives and principles, such as Article 8(2) of the Charter of Fundamental Rights (CFR), which protects individuals from arbitrary interference with their privacy56.

The GDPR is a new EU regulation that implements some aspects of the DRD into national law through its provisions on processing personal data. However, it does not address directly the issue of communications traffic data retention for law enforcement purposes. Instead, it requires providers to implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk involved in processing personal data. These measures include encryption, pseudonymisation, access control, and accountability7 . The GDPR also grants individuals certain rights regarding their personal data, such as access, rectification, erasure, portability, and objection7 .

Therefore, under current EU law, there is no single legal basis for retaining communications traffic data for law enforcement purposes across all EU member states. Each member state must adopt its own national law that respects the principles and limitations established by the ePrivacy Directive.

References:

• ePrivacy Directive
• ePrivacy Regulation
• What is Communications Traffic Data?
• How is Communications Traffic Data Retained?
• Data Retention Directive
• Data Retention Directive annulled by CJEU
• General Data Protection Regulation
• What are your rights regarding your personal data?