CIPP/US PRACTICE EXAM II 2026 PRACTICE
TEST PAPER GDPR VS US PRIVACY LAWS
REVIEW SHEET FULL SOLUTIONS
◉ How are agency opinions interpreted and used? Answer: They do
not carry the weight of law, but do give specific guidance to
interested parties trying to interpret agency rules and regulations.
◉ What is a legally binding agreement enforceable in a court of law?
Answer: Contract
◉ What provisions might a privacy contract contain? Answer: data
useage, data security, breach notification, jurisdiction, and damages.
(A contract b/w an EU company and a US data processor might
include provision requiring US co to be safe harbor certified/abide
by framework)
◉ True/false: Every agreement is a legally binding contract. Answer:
False. There are three fundamental requirements for forming a
binding contract.
◉ What are the three factors required to form a contract? Answer:
Offer, Acceptance, Consideration.
,◉ What is the proposed language to enter into a bargain? Answer:
Offer
◉ Which terms of the offer must be specific and definite? Answer:
Price, quantity, and description.
◉ What ends the original offer? Answer: A counteroffer.
◉ What actions must be taken with an offer for it to qualify to form a
contract? Answer: The offer must be communicated to another
person and remain open until it is accepted, rejected, retracted or
has expired.
◉ What is acceptance? Answer: The assent or agreement by the
person to whom the offer was made that the offer is accepted.
◉ What requirements must the acceptance meet? Answer: The
acceptance must comply with the terms of the offer and must be
communicated to the person who proposed the deal.
◉ What is the bargained-for exchange? Answer: Consideration.
◉ What is consideration? Answer: The legal benefit received by one
person and the legal detriment imposed on the other person.
,◉ What forms does consideration typically take? Answer:
Consideration usually takes the form of money, property or services.
◉ True/False: An agreement without consideration is not a contract.
Answer: True.
◉ When may a privacy notice constitute a contract? Answer: If a
consumer provides data to a company based on the company's
promise to use the data in accordance with the terms of the notice.
◉ What is a tort? Answer: Torts are civil wrongs recognized by law
as the grounds for lawsuits. These wrongs are those that result in an
injury or harm that constitutes the basis for a claim by the injured
party.
◉ What are the goals of tort law? Answer: "a. provide relief for
damages incurred;
◉ b. deter others from committing the same wrongs." Answer:
◉ What are the three tort categories? Answer: Intentional torts,
negligent torts, and strict liability torts.
, ◉ What is an Intentional tort? Answer: These are wrongs that the
defendant knew / should have known would occur through their
actions or inactions.
◉ Give an example of an intentional tort. Answer: Intentionally
hitting a person or stealing personal information.
◉ What is a negligent tort? Answer: These occur when the
defendant's actions were unreasonably unsafe.
◉ Give an example of a negligent tort. Answer: Causing a car
accident by not obeying traffic rules or not having appropriate
security controls.
◉ What is a strict liability tort? Answer: These are wrongs that don't
depend on the degree of carelessness by the defendant, but are
established when a particular action causes damage.
◉ What are some examples of strict liability torts? Answer: Product
liability torts (concern potential liability for making and selling
defective products without the need for the plaintiff to show
negligence by the defendant).
◉ When did the concept of a personal privacy tort enter U.S.
jurisprudence? Answer: The late 1890s.
TEST PAPER GDPR VS US PRIVACY LAWS
REVIEW SHEET FULL SOLUTIONS
◉ How are agency opinions interpreted and used? Answer: They do
not carry the weight of law, but do give specific guidance to
interested parties trying to interpret agency rules and regulations.
◉ What is a legally binding agreement enforceable in a court of law?
Answer: Contract
◉ What provisions might a privacy contract contain? Answer: data
useage, data security, breach notification, jurisdiction, and damages.
(A contract b/w an EU company and a US data processor might
include provision requiring US co to be safe harbor certified/abide
by framework)
◉ True/false: Every agreement is a legally binding contract. Answer:
False. There are three fundamental requirements for forming a
binding contract.
◉ What are the three factors required to form a contract? Answer:
Offer, Acceptance, Consideration.
,◉ What is the proposed language to enter into a bargain? Answer:
Offer
◉ Which terms of the offer must be specific and definite? Answer:
Price, quantity, and description.
◉ What ends the original offer? Answer: A counteroffer.
◉ What actions must be taken with an offer for it to qualify to form a
contract? Answer: The offer must be communicated to another
person and remain open until it is accepted, rejected, retracted or
has expired.
◉ What is acceptance? Answer: The assent or agreement by the
person to whom the offer was made that the offer is accepted.
◉ What requirements must the acceptance meet? Answer: The
acceptance must comply with the terms of the offer and must be
communicated to the person who proposed the deal.
◉ What is the bargained-for exchange? Answer: Consideration.
◉ What is consideration? Answer: The legal benefit received by one
person and the legal detriment imposed on the other person.
,◉ What forms does consideration typically take? Answer:
Consideration usually takes the form of money, property or services.
◉ True/False: An agreement without consideration is not a contract.
Answer: True.
◉ When may a privacy notice constitute a contract? Answer: If a
consumer provides data to a company based on the company's
promise to use the data in accordance with the terms of the notice.
◉ What is a tort? Answer: Torts are civil wrongs recognized by law
as the grounds for lawsuits. These wrongs are those that result in an
injury or harm that constitutes the basis for a claim by the injured
party.
◉ What are the goals of tort law? Answer: "a. provide relief for
damages incurred;
◉ b. deter others from committing the same wrongs." Answer:
◉ What are the three tort categories? Answer: Intentional torts,
negligent torts, and strict liability torts.
, ◉ What is an Intentional tort? Answer: These are wrongs that the
defendant knew / should have known would occur through their
actions or inactions.
◉ Give an example of an intentional tort. Answer: Intentionally
hitting a person or stealing personal information.
◉ What is a negligent tort? Answer: These occur when the
defendant's actions were unreasonably unsafe.
◉ Give an example of a negligent tort. Answer: Causing a car
accident by not obeying traffic rules or not having appropriate
security controls.
◉ What is a strict liability tort? Answer: These are wrongs that don't
depend on the degree of carelessness by the defendant, but are
established when a particular action causes damage.
◉ What are some examples of strict liability torts? Answer: Product
liability torts (concern potential liability for making and selling
defective products without the need for the plaintiff to show
negligence by the defendant).
◉ When did the concept of a personal privacy tort enter U.S.
jurisprudence? Answer: The late 1890s.
