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PDPF · Question #101

A company located in France wishes to enter into a compulsory contract with a processor located in Portugal. This contract aims to process sensitive French personal dat

The correct answer is C. Verify that adequate compulsory contracts have been established and leave supervision to the. When there is a processor and an operator in EEA countries, the competent authority will be the location of the Controller, however the Supervisory authority of the Controller is considered to be a concerned Supervisory Authority (who has interests). Therefore, the Processor…

Roles and responsibilities

Question

A company located in France wishes to enter into a compulsory contract with a processor located in Portugal. This contract aims to process sensitive French personal dat

Options

  • ASupervise the processing of personal data according to the guidelines of the Supervisory Authority
  • BReport the data processing to the French Supervisory Authority, which must take over the
  • CVerify that adequate compulsory contracts have been established and leave supervision to the
  • DSupervise the processing of personal data in accordance with the French Supervisory Authority

How the community answered

(35 responses)
  • A
    3% (1)
  • B
    9% (3)
  • C
    83% (29)
  • D
    6% (2)

Explanation

When there is a processor and an operator in EEA countries, the competent authority will be the location of the Controller, however the Supervisory authority of the Controller is considered to be a concerned Supervisory Authority (who has interests). Therefore, the Processor Supervisory Authority evaluates and approves the rules of the contract, in accordance with Article 57 of the GDPR, and must notify the Controller Supervisory Authority. In its Article 57, the GDPR legislates on the Responsibilities of the Supervisory Authority. In its first paragraph, items "r" and "s": Authorise contractual clauses and provisions referred to in Article 46(3); Approve binding corporate rules pursuant to Article 47.

Topics

#DPO responsibilities#cross-border processing#data processing contract#supervisory authority cooperation

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