IAPP Updated CIPP-E Exam Questions and Answers by cataleya

Adequacy is a term that the EU uses to describe other countries, territories, sectors or international organisations that it deems to provide an ‘essentially equivalent’ level of data protection to that which exists within the EU. An adequacy decision is a formal decision made by the EU which recognises that another country, territory, sector or international organisation provides an equivalent level of protection for personal data as the EU does. The effect of such a decision is that personal data can flow from the EU (and Norway, Liechtenstein and Iceland) to that third country without any further safeguard being necessary12.

The European Commission has so far recognised Andorra, Argentina, Canada (commercial organisations), Faroe Islands, Guernsey, Israel, Isle of Man, Japan, Jersey, New Zealand, Republic of Korea, Switzerland, the United Kingdom under the GDPR and the LED, the United States (commercial organisations participating in the EU-US Data Privacy Framework) and Uruguay as providing adequate protection13. On 28 June 2021, the EU Commission published two adequacy decisions in respect of the UK: one for transfers under the EU GDPR; and the other for transfers under the Law Enforcement Directive (LED)2. These decisions contain the European Commission’s detailed assessment of the UK’s laws and systems for protecting personal data, as well as the legislation designating the UK as adequate. Both adequacy decisions are expected to last until 27 June 20252.

Among the four options given, only Switzerland has been granted an adequacy decision by the EU, which means that it will continue to enjoy adequacy status under the GDPR, pending any future European Commission decision to the contrary. Greece is a member state of the EU, so it does not need an adequacy decision to receive personal data from the EU. Norway is a member of the European Economic Area (EEA), which also includes Iceland and Liechtenstein, and has incorporated the GDPR into its national law, so it also does not need an adequacy decision. Australia has not been recognised as adequate by the EU, so transfers of personal data from the EU to Australia require appropriate safeguards or derogations13. Therefore, the correct answer is D. Switzerland. References:

https://pages.iapp.org/Free-Study-Guides_CIPPE-PPC-EU.html https://data-privacy-office.eu/courses/cipp-e-official-training-course/

 A dynamic IP address is a unique numerical label for a device on the internet that changes every time the device connects to the internet. A dynamic IP address by itself is not personal data, as it does not directly identify the person who owns or uses the device. However, a dynamic IP address can become personal data when it is combined with other data held by the controller, such as the web pages accessed by the device, the time and duration of the visit, the location of the device, or the user’s preferences and interests. In this case, the controller can use the additional data to identify the data subject, either directly or indirectly, by linking the dynamic IP address to a specific person or a profile. This was confirmed by the Court of Justice of the European Union (CJEU) in the case of Breyer v Bundesrepublik Deutschland, where the CJEU ruled that a dynamic IP address registered by a website provider constitutes personal data in relation to that provider, where the latter has the legal means to obtain the identity of the data subject from the internet service provider (ISP) that assigned the dynamic IP address. Therefore, option B is the correct answer. References: Directive 95/46/EC, Directive 2002/58/EC, Breyer v Bundesrepublik Deutschland, Case C-582/14, Dynamic IP Addresses can be Personal Data

 This is not an explicit right granted to data subjects under the GDPR, as the GDPR does not specifically address the sale of personal data. However, the GDPR does require that data subjects give their consent to any processing of their personal data that is not based on another legal basis, such as a contract or a legal obligation1. Therefore, data subjects have the right to withdraw their consent at any time, and the controller must inform them of this right before obtaining their consent2. The other options are explicit rights granted to data subjects under the GDPR, as they are listed in Chapter 3 of the regulation3. References:

Free CIPP/E Study Guide, page 23, section 3.1

CIPP/E Certification, page 18, section 3.1

The Ultimate CIPP/E Study Guide for 2023, page 16, section 3.1

GDPR data subject rights - 8 fundamental & additional rights, paragraph 4

Rights of the data subject - General Data Protection Regulation (GDPR), Article 7

Rights of the data subject - General Data Protection Regulation (GDPR), Chapter 3

The CJEU ruled that the consent required by the ePrivacy Directive for the use of cookies must comply with the conditions laid down in the GDPR, which means that it must be specific, informed, unambiguous, and freely given. Therefore, pre-checked boxes or implied consent by scrolling are not valid forms of consent for cookies. The CJEU also clarified that the ePrivacy Directive applies to any information stored or accessed on a user’s device, regardless of whether it is personal data or not. Furthermore, the CJEU stated that the information provided to users about cookies must include the duration of the operation of cookies and the possibility of third parties accessing them.

References: CIPP/E Study Guide, page 29; CIPP/E Textbook, page 137; Planet49 case