Overview

This article encourages the development of GDPR-compliant codes of conduct by associations or industry bodies. Codes of conduct should address fair processing, data subject rights, security measures, breach notifications, and data transfers, and be submitted to supervisory authorities for approval. Approved codes must include mechanisms for compliance monitoring and be publicly registered.


Key Principles

  • Industry Standards: Promote consistent, sector-specific GDPR practices.

  • Fair Processing: Ensure personal data is processed lawfully, transparently, and fairly.

  • Data Subject Rights: Include mechanisms to protect and facilitate rights.

  • Security and Breach Management: Address safeguards and notification procedures.

  • Approval and Registration: Codes must be approved by supervisory authorities and publicly available.

Organizational Applicability

This article applies to associations, industry bodies, and organizations within the EU:

  • Associations developing codes of conduct for GDPR compliance.

  • Organizations participating in the creation or adoption of such codes.

  • Public and private sector entities aligning internal policies with approved codes.

Implementation Requirements

  • Develop a code of conduct covering GDPR compliance topics relevant to the sector.

  • Submit drafts to supervisory authorities for approval.

  • Include compliance monitoring and enforcement mechanisms.

  • Make approved codes publicly available for transparency and guidance.

Implementation Guidance

  • Collaborate with industry peers to draft codes reflecting best practices.

  • Consult with legal and compliance experts to ensure GDPR alignment.

  • Implement internal processes to adhere to code provisions once approved.

  • Periodically review codes to address evolving regulations and practices.

Periodic Review

  • Frequency: Annually or when codes are updated or newly approved.

  • Responsible Role: Compliance Team, Legal, or Association Leadership.

  • Outcome: Ensure codes remain effective, approved, and publicly accessible.

Non-Compliance Risks

  • Fines: Up to €20 million or 4% of global annual turnover for non-compliance with GDPR obligations.

  • Legal Exposure: Enforcement actions for failing to adhere to approved codes.

  • Reputational Damage: Loss of trust from data subjects, regulators, and industry peers.

  • Operational Risk: Inconsistent GDPR practices without adherence to codes of conduct.