Get PDPF Dumps : Verified Privacy and Data Protection Foundation

The fundamental right to protection of personal data, regardless of how it was obtained. Incorrect. This is a definition of data protection.

The right not to be disturbed by uninvited people, nor being followed, spied on or monitored. Incorrect. This is a definition of physical privacy. However, the GDPR does not concern itself with physical privacy.

The right to respect for one’s private and family life, home and personal correspondence. Correct. This is the definition as implicitly used throughout the GDPR. (Literature: A, Chapter 1)

The right to freedom of opinion and expression and to seeking, receiving and imparting information. Incorrect. This is a short version of Universal Declaration of Human Rights Article 19: freedom of opinion and expression.

When we have a Regulation, such as the GDPR, all EU Member States are obliged to follow it and have a fixed date to entry into force. The regulation is a law and Member States cannot create laws that oppose it. Unlike the Directives that set objectives to be achieved, however, each Member State is free to decide how to apply them in their countries.

Important

Prior to the GDPR, there was a Directive “95/46 / EC First Data Protection Directive. Approved in 1995, it was already aimed at protecting personal data. This directive was replaced by GDPR.

“Article 94: 1. Directive 95/46 / EC is repealed with effect from 25 May 2018."

In the EXIN PDPF exam this is an issue that is routinely asked. “Which directive has been replaced by GDPR?” Answer: 95/46 / EC.

When we have a Regulation, such as the GDPR, all EU member states are obliged to follow it and have a fixed date for entry into force. The regulation is a law and Member States cannot create laws that oppose it. Unlike the Directives that set objectives to be achieved, however, each Member State is free to decide how to apply them in its country.

Important

Prior to the GDPR, there was the “95/46 / EC First Data Protection Directive (European DP)”. Approved in 1995, it was already aimed to protect personal data. This directive was replaced by the GDPR.

“Article 94: 1. Directive 95/46 / EC is repealed with effect from 25 May 2018.”

In the EXIN PDPF exam this is a question that is routinely asked. “What directive has been replaced by GDPR?” Answer: 95/46 / EC.

Recital 124 tells us:

“Where the processing of personal data takes place in the context of the activities of an establishment of a controller or a processor in the Union and the controller or processor is established in more than one Member State, or where processing taking place in the context of the activities of a single establishment of a controller or processor in the Union substantially affects or is likely to substantially affect data subjects in more than one Member State, the supervisory authority for the main establishment of the controller or processor or for the single establishment of the controller or processor should act as lead authority...”

But what is Main Establishment?

Article 4, paragraph 16, gives us the definitions:

16) «Main establishment»:

a)as regards a controller with establishments in more than one Member State, the place of its central administration in the Union, unless the decisions on the purposes and means of the processing of personal data are taken in another establishment of the controller in the Union and the latter establishment has the power to have such decisions implemented, in which case the establishment having taken such decisions is to be considered to be the main establishment;

b)as regards a processor with establishments in more than one Member State, the place of its central administration in the Union, or, if the processor has no central administration in the Union, the establishment of the processor in the Union where the main processing activities in the context of the activities of an establishment of the processor take place to the extent that the processor is subject to specific obligations

under this Regulation.