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NEW QUESTION 45
Select the answer below that accurately completes the following:
"The right to compensation and liability under the GDPR...

• A. ...is limited to a maximum amount of EUR 20 million per event of damage or loss."
• B. ...can only be exercised against the data controller, even if a data processor was involved in the same processing."
• C. ...precludes any subsequent recourse proceedings against other controllers or processors involved in the same processing."
• D. ...provides for an exemption from liability if the data controller (or data processor) proves that it is not in any way responsible for the event giving rise to the damage."

Answer: C

NEW QUESTION 46
What is the MAIN reason GDPR Article 4(22) establishes the concept of the "concerned supervisory authority"?

• A. To ensure that the interests of individuals residing outside the lead authority's jurisdiction are represented.
• B. To give corporations a choice about who their supervisory authority will be.
• C. To ensure the GDPR covers controllers that do not have an establishment in the EU but have a representative in a member state.
• D. To encourage the consistency of local data processing activity.

Answer: D

NEW QUESTION 47
SCENARIO
Please use the following to answer the next question:
Joe is the new privacy manager for Who-R-U, a Canadian business that provides DNA analysis. The company is headquartered in Montreal, and all of its employees are located there. The company offers its services to Canadians only: Its website is in English and French, it accepts only Canadian currency, and it blocks internet traffic from outside of Canada (although this solution doesn't prevent all non-Canadian traffic). It also declines to process orders that request the DNA report to be sent outside of Canada, and returns orders that show a non-Canadian return address.
Bob, the President of Who-R-U, thinks there is a lot of interest for the product in the EU, and the company is exploring a number of plans to expand its customer base.
The first plan, collegially called We-Track-U, will use an app to collect information about its current Canadian customer base. The expansion will allow its Canadian customers to use the app while traveling abroad. He suggests that the company use this app to gather location information. If the plan shows promise, Bob proposes to use push notifications and text messages to encourage existing customers to pre-register for an EU version of the service. Bob calls this work plan, We-Text-U. Once the company has gathered enough pre- registrations, it will develop EU-specific content and services.
Another plan is called Customer for Life. The idea is to offer additional services through the company's app, like storage and sharing of DNA information with other applications and medical providers. The company's contract says that it can keep customer DNA indefinitely, and use it to offer new services and market them to customers. It also says that customers agree not to withdraw direct marketing consent. Paul, the marketing director, suggests that the company should fully exploit these provisions, and that it can work around customers' attempts to withdraw consent because the contract invalidates them.
The final plan is to develop a brand presence in the EU. The company has already begun this process. It is in the process of purchasing the naming rights for a building in Germany, which would come with a few offices that Who-R-U executives can use while traveling internationally. The office doesn't include any technology or infrastructure; rather, it's simply a room with a desk and some chairs.
On a recent trip concerning the naming-rights deal, Bob's laptop is stolen. The laptop held unencrypted DNA reports on 5,000 Who-R-U customers, all of whom are residents of Canad a. The reports include customer name, birthdate, ethnicity, racial background, names of relatives, gender, and occasionally health information.
The Customer for Life plan may conflict with which GDPR provision?

• A. Article 20, which gives data subjects a right to data portability.
• B. Article 7, which requires consent to be as easy to withdraw as it is to give.
• C. Article 6, which requires processing to be lawful.
• D. Article 16, which provides data subjects with a rights to rectification.

Answer: B

NEW QUESTION 48
What is an important difference between the European Court of Human Rights (ECHR) and the Court of Justice of the European Union (CJEU) in relation to their roles and functions?

• A. CJEU can hear appeals on human rights decisions made by national courts, while the ECHR cannot.
• B. ECHR can rule on issues concerning privacy as a fundamental right, while the CJEU cannot.
• C. CJEU can force national governments to implement and honor EU law, while the ECHR cannot.
• D. ECHR can enforce human rights laws against governments that fail to implement them, while the CJEU cannot.

Answer: C

NEW QUESTION 49
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