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| Vendor: | Exin |
|---|---|
| Exam Code: | PDPF |
| Exam Name: | Privacy and Data Protection Foundation |
| Exam Questions: | 149 |
| Last Updated: | October 6, 2026 |
| Related Certifications: | EXIN Privacy & Data Protection Foundation |
| Exam Tags: |
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Which EU legislation allows data to be transferred between the European Economic Area (EEA) and the United States (USA)?
In July 2016, Implementing Decision 2016/1250 came into force, which legislates that the United States must ensure an adequate level of protection for personal data transferred from the Union to United States organizations under the EU-US Privacy Protection Shield (Privacy Shield).
This is because the United States does not have a single law on the protection of personal data, since because of its internal policy, each state can create its own laws. Privacy Shield aims to standardize this, so that companies in the European Union and the United States can offer their services.
Article 1 of the Implementing Decision 2016/1250:
1. For the purposes of Article 25(2) of Directive 95/46 / EC, the United States ensures an adequate level of protection for personal data transferred from the Union to organisations in the United States under the
EU-U.S. Privacy Shield.
2. The EU-U.S. Privacy Shield is constituted by the Principles issued by the U.S. Department of Commerce on 7 July 2016 as set out in Annex II and the official representations and commitments contained in the documents listed in Annexes I, III to VI.
3. For the purpose of paragraph 1, personal data are transferred under the EU-U.S. Privacy Shield where they are transferred from the Union to organisations in the United States that are included in the 'Privacy Shield List', maintained and made publicly available by the U.S. Department of Commerce, in accordance with Sections I and III of the Principles set out in Annex II.
A company's director's notebook is accidentally wet, which permanently damages the equipment so that it cannot recover its data.
The lost data concerned the financial reports of the company. What happened in this case according to GDPR?
The lost reports did not contain personal data, in this case GDPR is not applicable and is a security incident.
Important
A data breach is whenever something that has not been planned with personal data happens, be it improper processing, improper sharing, loss of data, deletion, etc. In other words, personal data must be used for a specific purpose, respecting the life cycle of the same (from collection to exclusion), any situation that escapes this cycle must be reported as a data breach.
According to the GDPR, when is a data protection impact assessment (DPIA) obligatory?
When a project includes technologies or processes that use personal data. Incorrect. Only for technologies and processes that are likely to result in a high risk to the rights of data subjects is the DPIA mandatory.
When processing is likely to result in a high risk to the rights of data subjects. Correct. For processing operations which are likely to result in a high risk, a DPIA is obligatory to assess those risks and to design mitigation measures. (Literature: A, Chapter 6; GDPR Article 35)
When similar processing operations with comparable risks are repeated. Incorrect. This is a case in which a DPIA does not need to be repeated.
Who should ask for an opinion after conducting an impact assessment on the protection of personal data (DPIA)?
The controller is responsible for performing the DPIA. However, after executing it, it is necessary to have the opinion of the DPO -- in charge of Data Protection, so that it can give its opinion, favorable or not for the continuity of processing.
Article 35 of GDPR
2. The controller shall seek the advice of the data protection officer, where designated, when carrying out a data protection impact assessment.
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