Article 43 GDPR - Certification bodies
Relevant Recitals
Frequently Asked Questions
Short answers to common questions about this provision. They are general information and not legal advice.
Under Article 43(1), Member States must ensure that certification bodies are accredited by the supervisory authority competent pursuant to Article 55 or 56, by the national accreditation body named in accordance with Regulation (EC) No 765/2008 in accordance with EN-ISO/IEC 17065/2012 and additional requirements established by the competent supervisory authority, or by both. Before issuing or renewing certification, the body must inform the supervisory authority so that it can exercise its powers under point (h) of Article 58(2) where necessary.
Paragraph 2 requires the body to demonstrate independence and expertise in the subject-matter of the certification to the satisfaction of the competent supervisory authority, to undertake to respect the criteria referred to in Article 42(5), to establish procedures for the issuing, periodic review and withdrawal of certifications, seals and marks, to establish transparent complaint-handling procedures and structures, and to demonstrate the absence of a conflict of interests. These conditions are cumulative.
Accreditation is issued for a maximum of five years and may be renewed on the same conditions provided the body continues to meet the requirements of the Article, under paragraph 4. Paragraph 7 obliges the competent supervisory authority or the national accreditation body to revoke the accreditation where the conditions are not, or are no longer, met or where the body's actions infringe the Regulation, without prejudice to Chapter VIII.
No. Paragraph 4 makes the certification body responsible for the proper assessment leading to the certification or its withdrawal, but expressly without prejudice to the responsibility of the controller or processor for compliance with the Regulation. This mirrors Article 42(4), which states that certification does not reduce that responsibility.
Certification bodies must give the competent supervisory authorities the reasons for granting or withdrawing a certification under paragraph 5, and under paragraph 6 the supervisory authority must make the accreditation requirements and the Article 42(5) criteria public in an easily accessible form and transmit them to the Board. Paragraphs 8 and 9 additionally empower the Commission to adopt delegated acts specifying requirements for certification mechanisms and implementing acts laying down technical standards and mechanisms for their promotion and recognition.