The controller's obligations

What the controller must be able to show: the register of processing, protection by design and by default, the processor contract, the impact assessment and the data protection officer.

  • 22 cards
  • 4 topics
  • Free

The outline, topic by topic

Each topic is weighted the way the exam weighs it.

  1. Concepts
  2. Questions
  3. Sort and link
  4. Scenarios

A few cards from the deck

  • Record of processing activities: what is it?

    Show the answer

    A document kept by the controller that describes each processing operation: purpose, lawful basis, data categories, recipients, retention period, security measures.

    The exemption for bodies under 250 people does not apply to regular processing: in practice nearly everyone keeps one. It is the first document shown in an inspection.

  • In which case is appointing a data protection officer mandatory?

    • For a public body, whatever its size
    • For any company with more than fifty employees
    • As soon as a company processes customer data
    • Only if the CNIL has demanded it in writing
    Show the answer

    For a public body, whatever its size

    The duty depends on the nature of the processing or of the controller, not on an employee threshold or a prior order. A public body is subject to it, except a court acting in its judicial capacity.

  • An impact assessment is mandatory when a processing operation is likely to result in a … to rights and freedoms; the … publishes a list of the processing concerned.

    Show the answer

    An impact assessment is mandatory when a processing operation is likely to result in a high risk to rights and freedoms; the CNIL publishes a list of the processing concerned.

    It is carried out before launch, not after an incident. If high risks remain despite the measures, the CNIL must be consulted.

  • Impact assessment (DPIA): what is it?

    Show the answer

    A study, mandatory before launching a processing operation likely to result in a high risk, describing the processing, its risks and the measures to reduce them.

    The CNIL publishes a list of processing subject to it: large-scale monitoring of a public area, profiling, sensitive data on a large scale. Payroll for ten employees needs none.

  • A twelve-person start-up handles payroll and a customer file, and thinks that fewer than 250 employees exempt it from keeping a register. What is the position?

    • It is exempt, because its headcount is below the threshold
    • It keeps one only if it processes sensitive data
    • It keeps one only if the CNIL asks for it
    • It must keep a register: its processing is regular
    Show the answer

    It must keep a register: its processing is regular

    The exemption is lost if the processing is not occasional, if it presents a risk or if it involves sensitive data. Payroll and a customer file are regular.