Which marketing-related activity is least likely to be covered by the provisions of Privacy and Electronic Communications Regulations (Directive 2002/58/EC)?

• A.Advertisements passively displayed on a website.
• B.The use of cookies to collect data about an individual.
• C.A text message to individuals from a company offering concert tickets for sale.
• D.An email from a retail outlet promoting a sale to one of their previous customer.

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Article 9 of the GDPR lists exceptions to the general prohibition against processing biometric dat a. Which of the following is NOT one of these exceptions?

• A.The processing is done by a non-profit organization and the results are disclosed outside the organization.
• B.The processing is necessary to protect the vital interests of the data subject when he or she is incapable of giving consent.
• C.The processing is necessary for the establishment, exercise or defense of legal claims when courts are acting in a judicial capacity.
• D.The processing is explicitly consented to by the data subject and he or she is allowed by Union or Member State law to lift the prohibition.

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Which of the following describes a mandatory requirement for a group of undertakings that wants to appoint a single data protection officer?

• A.The group of undertakings must be comprised of organizations of similar sizes and functions.
• B.The data protection officer must be easily accessible from each establishment where the undertakings are located.
• C.The group of undertakings must obtain approval from a supervisory authority.
• D.The data protection officer must be located in the country where the data controller has its main establishment.

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SCENARIO
Please use the following to answer the next question:
The fitness company Vigotron has recently developed a new app called M-Health, which it wants to market on its website as a free download. Vigotron's marketing manager asks his assistant Emily to create a webpage that describes the app and specifies the terms of use. Emily, who is new at Vigotron, is excited about this task. At her previous job she took a data protection class, and though the details are a little hazy, she recognizes that Vigotron is going to need to obtain user consent for use of the app in some cases. Emily sketches out the following draft, trying to cover as much as possible before sending it to Vigotron's legal department.
Registration Form
Vigotron's new M-Health app makes it easy for you to monitor a variety of health-related activities, including diet, exercise, and sleep patterns. M-Health relies on your smartphone settings (along with other third-party apps you may already have) to collect data about all of these important lifestyle elements, and provide the information necessary for you to enrich your quality of life. (Please click here to read a full description of the services that M-Health provides.) Vigotron values your privacy. The M-Heaith app allows you to decide which information is stored in it, and which apps can access your dat a. When your device is locked with a passcode, all of your health and fitness data is encrypted with your passcode. You can back up data stored in the Health app to Vigotron's cloud provider, Stratculous. (Read more about Stratculous here.) Vigotron will never trade, rent or sell personal information gathered from the M-Health app. Furthermore, we will not provide a customer's name, email address or any other information gathered from the app to any third- party without a customer's consent, unless ordered by a court, directed by a subpoena, or to enforce the manufacturer's legal rights or protect its business or property.
We are happy to offer the M-Health app free of charge. If you want to download and use it, we ask that you first complete this registration form. (Please note that use of the M-Health app is restricted to adults aged 16 or older, unless parental consent has been given to minors intending to use it.) First name:
Surname:
Year of birth:
Email:
Physical Address (optional*):
Health status:
*If you are interested in receiving newsletters about our products and services that we think may be of interest to you, please include your physical address. If you decide later that you do not wish to receive these newsletters, you can unsubscribe by sending an email to [email protected] or send a letter with your request to the address listed at the bottom of this page.
Terms and Conditions
1. Jurisdiction. [...]
2. Applicable law. [...]
3. Limitation of liability. [...]
Consent
By completing this registration form, you attest that you are at least 16 years of age, and that you consent to the processing of your personal data by Vigotron for the purpose of using the M-Health app. Although you are entitled to opt out of any advertising or marketing, you agree that Vigotron may contact you or provide you with any required notices, agreements, or other information concerning the services by email or other electronic means. You also agree that the Company may send automated emails with alerts regarding any problems with the M-Health app that may affect your well being.
Emily sends the draft to Sam for review. Which of the following is Sam most likely to point out as the biggest problem with Emily's consent provision?

• A.It is not legal to include fields requiring information regarding health status without consent.
• B.Processing health data requires explicit consent, but the form does not ask for explicit consent.
• C.Direct marketing requires explicit consent, whereas the registration form only provides for a right to object
• D.The provision of the fitness app should be made conditional on the consent to the data processing for direct marketing.

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Which sentence best describes proper compliance for an international organization using Binding Corporate Rules (BCRs) as a controller or processor?

• A.All employees must follow the privacy regulations of the jurisdictions where the current scope of their work is established.
• B.Employees must sign an ad hoc contractual agreement each time personal data is exported.
• C.All employees are subject to the rules in their entirety, regardless of where the work is taking place.
• D.Employees who control personal data must complete a rigorous certification procedure, as they are exempt from legal enforcement.

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