1.Without prejudice to the tasks and powers of [F1the Commissioner] 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 [F1the Commissioner].
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 [F2the Commissioner];
(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 [F3the Commissioner] that its tasks and duties do not result in a conflict of interests.
F4 3 .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4.Without prejudice to the tasks and powers of [F5the Commissioner] 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 [F5the Commissioner] of such actions and the reasons for taking them.
[X15 .[F6The Commissioner] shall revoke the accreditation of a body as referred to in paragraph 1 if the requirements 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.
Editorial Information
X1Substituted by Corrigendum to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Official Journal of the European Union L 119 of 4 May 2016).
Textual Amendments
F1Words in Art. 41(1) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 35(2) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art. 41(2)(a) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 35(3) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 41(2)(d) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 35(3) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
F4Art. 41(3) omitted (31.12.2020) by virtue of The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 35(4) (with reg. 5, Sch. 1 para. 80); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Art. 41(4) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 35(5) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in Art. 41(5) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 35(6) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)