1. The Member States, the supervisory authorities, the Board and the Commission shall encourage, in particular at Union level, the establishment of data protection certification mechanisms and of data protection seals and marks, for the purpose of demonstrating compliance with this Regulation of processing operations by controllers and processors. The specific needs of micro, small and medium-sized enterprises shall be taken into account.
Article 42 GDPR - Certification
2. In addition to adherence by controllers or processors subject to this Regulation, data protection certification mechanisms, seals or marks approved pursuant to paragraph 5 of this Article may be established for the purpose of demonstrating the existence of appropriate safeguards provided by controllers or processors that are not subject to this Regulation pursuant to Article 3 within the framework of personal data transfers to third countries or international organisations under the terms referred to in point (f) of Article 46(2). Such controllers or processors shall make binding and enforceable commitments, via contractual or other legally binding instruments, to apply those appropriate safeguards, including with regard to the rights of data subjects.
3. The certification shall be voluntary and available via a process that is transparent.
4. A certification pursuant to this Article does not reduce the responsibility of the controller or the processor for compliance with this Regulation and is without prejudice to the tasks and powers of the supervisory authorities which are competent pursuant to Article 55 or 56.
5. A certification pursuant to this Article shall be issued by the certification bodies referred to in Article 43 or by the competent supervisory authority, on the basis of criteria approved by that competent supervisory authority pursuant to Article 58(3) or by the Board pursuant to Article 63. Where the criteria are approved by the Board, this may result in a common certification, the European Data Protection Seal.
6. The controller or processor which submits its processing to the certification mechanism shall provide the certification body referred to in Article 43, or where applicable, the competent supervisory authority, with all information and access to its processing activities which are necessary to conduct the certification procedure.
7. Certification shall be issued to a controller or processor for a maximum period of three years and may be renewed, under the same conditions, provided that the relevant criteria continue to be met. Certification shall be withdrawn, as applicable, by the certification bodies referred to in Article 43 or by the competent supervisory authority where the criteria for the certification are not or are no longer met.
8. The Board shall collate all certification mechanisms and data protection seals and marks in a register and shall make them publicly available by any appropriate means.
Relevant Recitals
Frequently Asked Questions
Short answers to common questions about this provision. They are general information and not legal advice.
Under Article 42(1), certification mechanisms and data protection seals and marks serve to demonstrate compliance of processing operations by controllers and processors with the Regulation. Member States, the supervisory authorities, the Board and the Commission are directed to encourage their establishment, in particular at Union level, taking account of the specific needs of micro, small and medium-sized enterprises.
No on both counts. Paragraph 3 makes certification voluntary and requires that it be available via a transparent process, and paragraph 4 states that certification does not reduce the responsibility of the controller or processor for compliance and is without prejudice to the tasks and powers of the supervisory authorities competent under Article 55 or 56. A certified organisation therefore remains fully accountable under Article 5(2).
Yes. Paragraph 2 allows approved certification mechanisms, seals or marks to demonstrate the existence of appropriate safeguards provided by controllers or processors not subject to the Regulation under Article 3, in the context of transfers to third countries under point (f) of Article 46(2). Such controllers or processors must make binding and enforceable commitments, via contractual or other legally binding instruments, to apply those safeguards, including as regards data subject rights.
Under paragraph 5, certification is issued by the certification bodies referred to in Article 43 or by the competent supervisory authority, on the basis of criteria approved by that authority pursuant to Article 58(3) or by the Board pursuant to Article 63. Where the Board approves the criteria, this may result in a common certification, the European Data Protection Seal.
Paragraph 7 limits certification to a maximum of three years, renewable under the same conditions provided the relevant criteria continue to be met, and requires withdrawal by the certification body or the supervisory authority where the criteria are not or are no longer met. Paragraph 6 supports this by obliging the certified controller or processor to provide the certifier with all information and access to its processing activities necessary for the procedure, and paragraph 8 requires the Board to keep a public register of all mechanisms, seals and marks.