PART 2General processing

CHAPTER 2F1 The UK GDPR

Annotations:
Amendments (Textual)

F2Certification

Annotations:
Amendments (Textual)

17Accreditation of certification providers

1

Accreditation of a person as a certification provider is only valid when carried out by—

a

the Commissioner, or

b

the F3UK national accreditation body.

2

The Commissioner may only accredit a person as a certification provider where the Commissioner—

a

has published a statement that the Commissioner will carry out such accreditation, and

b

has not published a notice withdrawing that statement.

3

The F4UK national accreditation body may only accredit a person as a certification provider where the Commissioner—

a

has published a statement that the body may carry out such accreditation, and

b

has not published a notice withdrawing that statement.

4

The publication of a notice under subsection (2)(b) or (3)(b) does not affect the validity of any accreditation carried out before its publication.

5

Schedule 5 makes provision about reviews of, and appeals from, a decision relating to accreditation of a person as a certification provider.

6

The F5UK national accreditation body may charge a reasonable fee in connection with, or incidental to, the carrying out of the body's functions under this section, Schedule 5 and Article 43 of the F6UK GDPR.

7

The F7UK national accreditation body must provide the Secretary of State with such information relating to its functions under this section, Schedule 5 and Article 43 of the F8UK GDPR as the Secretary of State may reasonably require.

8

In this section—

  • “certification provider” means a person who issues certification for the purposes of Article 42 of the F9UK GDPR;

  • “the F10UK national accreditation body” means the F10UK national accreditation body for the purposes of Article 4(1) of Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93.