interactive GDPR 2016/0679 EN
BG CS DA DE EL EN ES ET FI FR GA HR HU IT LV LT MT NL PL PT RO SK SL SV print pdf
- personal data
- processing
- restriction of processing
- profiling
- pseudonymisation
- filing system
- controller
- processor
- recipient
- third party
- consent
- personal data breach
- genetic data
- biometric data
- data concerning health
- main establishment
- representative
- enterprise
- group of undertakings
- binding corporate rules
- supervisory authority
- supervisory authority concerned
- cross-border processing
- relevant and reasoned objection
- information society service
- international organisation
- certification 22
- shall 20
- supervisory_authority 18
- competent 17
- article 14
- referred 14
- body 12
- pursuant 11
- accreditation 10
- article 10
- code 9
- which 9
- bodies 9
- paragraph 8
- the 8
- procedures 7
- data 7
- requirements 6
- board 5
- established 5
- protection 5
- regulation 5
- mechanisms 5
- controller 5
- accordance 5
- criteria 5
- processor 5
- tasks 5
- appropriate 5
- prejudice 5
- satisfaction 4
- structures 4
- without 4
- demonstrated 4
- relation 4
- expertise 4
- compliance 4
- powers 4
- public 4
- seals 4
- accredited 4
- actions 3
- paragraph 3
- make 3
- acts 3
- taken 3
- authorities 3
- approved 3
- subject-matter 3
- conditions 3
Article 41
Monitoring of approved codes of conduct
1. Without prejudice to the tasks and powers of the competent supervisory_authority under Articles 57 and 58, the monitoring of compliance with a code of conduct pursuant to Article 40 may be carried out by a body which has an appropriate level of expertise in relation to the subject-matter of the code and is accredited for that purpose by the competent supervisory_authority.
2. A body as referred to in paragraph 1 may be accredited to monitor compliance with a code of conduct where that body has:
| (a) | demonstrated its independence and expertise in relation to the subject-matter of the code to the satisfaction of the competent supervisory_authority; |
| (b) | established procedures which allow it to assess the eligibility of controllers and processors concerned to apply the code, to monitor their compliance with its provisions and to periodically review its operation; |
| (c) | established procedures and structures to handle complaints about infringements of the code or the manner in which the code has been, or is being, implemented by a controller or processor, and to make those procedures and structures transparent to data subjects and the public; and |
| (d) | demonstrated to the satisfaction of the competent supervisory_authority that its tasks and duties do not result in a conflict of interests. |
3. The competent supervisory_authority shall submit the draft criteria for accreditation of a body as referred to in paragraph 1 of this Article to the Board pursuant to the consistency mechanism referred to in Article 63.
4. Without prejudice to the tasks and powers of the competent supervisory_authority and the provisions of Chapter VIII, a body as referred to in paragraph 1 of this Article shall, subject to appropriate safeguards, take appropriate action in cases of infringement of the code by a controller or processor, including suspension or exclusion of the controller or processor concerned from the code. It shall inform the competent supervisory_authority of such actions and the reasons for taking them.
5. The competent supervisory_authority shall revoke the accreditation of a body as referred to in paragraph 1 if the conditions for accreditation are not, or are no longer, met or where actions taken by the body infringe this Regulation.
6. This Article shall not apply to processing carried out by public authorities and bodies.
Article 43
Certification bodies
1. Without prejudice to the tasks and powers of the competent supervisory_authority under Articles 57 and 58, certification bodies which have an appropriate level of expertise in relation to data protection shall, after informing the supervisory_authority in order to allow it to exercise its powers pursuant to point (h) of Article 58(2) where necessary, issue and renew certification. Member States shall ensure that those certification bodies are accredited by one or both of the following:
| (a) | the supervisory_authority which is competent pursuant to Article 55 or 56; |
| (b) | the national accreditation body named in accordance with Regulation (EC) No 765/2008 of the European Parliament and of the Council (20) in accordance with EN-ISO/IEC 17065/2012 and with the additional requirements established by the supervisory_authority which is competent pursuant to Article 55 or 56. |
2. Certification bodies referred to in paragraph 1 shall be accredited in accordance with that paragraph only where they have:
| (a) | demonstrated their independence and expertise in relation to the subject-matter of the certification to the satisfaction of the competent supervisory_authority; |
| (b) | undertaken to respect the criteria referred to in Article 42(5) and approved by the supervisory_authority which is competent pursuant to Article 55 or 56 or by the Board pursuant to Article 63; |
| (c) | established procedures for the issuing, periodic review and withdrawal of data protection certification, seals and marks; |
| (d) | established procedures and structures to handle complaints about infringements of the certification or the manner in which the certification has been, or is being, implemented by the controller or processor, and to make those procedures and structures transparent to data subjects and the public; and |
| (e) | demonstrated, to the satisfaction of the competent supervisory_authority, that their tasks and duties do not result in a conflict of interests. |
3. The accreditation of certification bodies as referred to in paragraphs 1 and 2 of this Article shall take place on the basis of criteria approved by the supervisory_authority which is competent pursuant to Article 55 or 56 or by the Board pursuant to Article 63. In the case of accreditation pursuant to point (b) of paragraph 1 of this Article, those requirements shall complement those envisaged in Regulation (EC) No 765/2008 and the technical rules that describe the methods and procedures of the certification bodies.
4. The certification bodies referred to in paragraph 1 shall be responsible for the proper assessment leading to the certification or the withdrawal of such certification without prejudice to the responsibility of the controller or processor for compliance with this Regulation. The accreditation shall be issued for a maximum period of five years and may be renewed on the same conditions provided that the certification body meets the requirements set out in this Article.
5. The certification bodies referred to in paragraph 1 shall provide the competent supervisory authorities with the reasons for granting or withdrawing the requested certification.
6. The requirements referred to in paragraph 3 of this Article and the criteria referred to in Article 42(5) shall be made public by the supervisory_authority in an easily accessible form. The supervisory authorities shall also transmit those requirements and criteria to the Board. The Board shall collate all certification mechanisms and data protection seals in a register and shall make them publicly available by any appropriate means.
7. Without prejudice to Chapter VIII, the competent supervisory_authority or the national accreditation body shall revoke an accreditation of a certification body pursuant to paragraph 1 of this Article where the conditions for the accreditation are not, or are no longer, met or where actions taken by a certification body infringe this Regulation.
8. The Commission shall be empowered to adopt delegated acts in accordance with Article 92 for the purpose of specifying the requirements to be taken into account for the data protection certification mechanisms referred to in Article 42(1).
9. The Commission may adopt implementing acts laying down technical standards for certification mechanisms and data protection seals and marks, and mechanisms to promote and recognise those certification mechanisms, seals and marks. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 93(2).
CHAPTER V
Transfers of personal_data to third countries or international_organisations
whereas
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