Implementing Data Protection Certification

Overview

Articles 42-43 establish a framework for data protection certification mechanisms, seals, and marks to demonstrate GDPR compliance for processing operations. Certification is voluntary but serves as an accountability tool under Art. 24(3) and can demonstrate sufficient guarantees under Art. 28(5) for processors. Certification does not reduce the responsibility of the controller or processor.

Certification Framework

Art. 42 Key Provisions

• Art. 42(1): Member States, supervisory authorities, the EDPB, and the Commission shall encourage the establishment of certification mechanisms, seals, and marks.
• Art. 42(3): Certification shall be voluntary and available via a transparent process.
• Art. 42(5): Certification is issued by accredited certification bodies or the competent supervisory authority based on criteria approved by the authority or the EDPB.
• Art. 42(7): Certification is issued for a maximum of three years and can be renewed under the same conditions.
• Art. 42(7): Certification shall be withdrawn when requirements are no longer met.

Art. 43 Certification Bodies

• Art. 43(1): Certification bodies must demonstrate independence, expertise, and absence of conflicts of interest.
• Art. 43(3): Accreditation is granted by the supervisory authority or the national accreditation body (per Regulation (EC) No 765/2008).
• Art. 43(6): Accreditation is issued for a maximum of five years and is renewable.