PDPF Exam Dumps - Exin Privacy & Data Protection Questions and Answers

This is a question that has the most doubts: “Who needs to adapt?". For example: 1 - If you have a company in Brazil and sell products or services and process personal data from residents in the EU, in this case your company must conform to the GDPR. 2- If you have a company located in the EU and handle personal data.

Transcribing here part of Article 3 of the GDPR:

1.This Regulation applies to the processing of personal data carried out in the context of the activities of an establishment of a controller or a subcontractor located in the territory of the Union, regardless of whether the processing takes place inside or outside the Union.

2.This Regulation applies to the processing of personal data of holders residing in the territory of the Union, carried out by a controller or processor not established in the Union, when the processing activities are related to:

a)The provision of goods or services to such data subjects in the Union, regardless of the requirement for data subjects to make a payment;

b)Control of their behavior, provided that such behavior takes place in the Union.

Verify that the processor has sufficient security guarantees that are essential for the Controller to remain in

compliance with the GDPR. Remember that the responsibility is always of the controller who must take care of the data of the data subjects that have been entrusted to him.

Recital 81 mentions the following:

(81) To ensure compliance with the requirements of this Regulation in respect of the processing to be carried out by the processor on behalf of the controller, when entrusting a processor with processing activities, the controller should use only processors providing sufficient guarantees, in particular in terms of expert knowledge, reliability and resources, to implement technical and organizational measures which will meet the requirements of this Regulation, including for the security of processing. The adherence of the processor to an approved code of conduct or an approved certification mechanism may be used as an element to demonstrate compliance with the obligations of the controller.