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Scenario4:Berc is a pharmaceutical company headquartered in Paris, France, known for developing inexpensive improved healthcare...

Scenario4:

Berc is a pharmaceutical company headquartered in Paris, France, known for developing inexpensive improved healthcare products. They want to expand to developing life-saving treatments. Berc has been engaged in many medical researches and clinical trials over the years. These projects required the processing of large amounts of data, including personal information. Since 2019, Berc has pursued GDPR compliance to regulate data processing activities and ensure data protection. Berc aims to positively impact human health through the use of technology and the power of collaboration. They recently have created an innovative solution in participation with Unty, a pharmaceutical company located in Switzerland. They want to enable patients to identify signs of strokes or other health-related issues themselves. They wanted to create a medical wrist device that continuously monitors patients' heart rate and notifies them about irregular heartbeats. The first step of the project was to collect information from individuals aged between 50 and 65. The purpose and means of processing were determined by both companies. The information collected included age, sex, ethnicity, medical history, and current medical status. Other information included names, dates of birth, and contact details. However, the individuals, who were mostly Berc's and Unty's customers, were not aware that there was an arrangement between Berc and Unty and that both companies have access to their personal data and share it between them. Berc outsourced the marketing of their new product to an international marketing company located in a country that had not adopted the adequacy decision from the EU commission. However, since they offered a good marketing campaign, following the DPO's advice, Berc contracted it. The marketing campaign included advertisement through telephone, emails, and social media. Berc requested that Berc’s and Unty's clients be first informed about the product. They shared the contact details of clients with the marketing company.Based on this scenario, answer the following question:

Question:

Based on scenario 4,Berc followed the DPO's advice for outsourcing an international marketing companyin the absence of an adequacy decision. Is the DPO responsible for evaluating this case?

A.

Yes, the DPO should evaluate cases where an adequacy decision is absent.

B.

Yes, the DPO takes the final decision on transferring personal data to an international company in the absence of an adequacy decision.

C.

No, the controller or processor should evaluate cases when the adequacy decision is absent.

D.

No, because the marketing company operates under the same data protection rules as Berc.

PECB GDPR Summary

  • Vendor: PECB
  • Product: GDPR
  • Update on: Jul 22, 2025
  • Questions: 80
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