Overview

This article requires that an accredited, independent body monitors compliance with approved GDPR codes of conduct. The monitoring ensures that organizations adhere to the code, handle complaints effectively, and review operations. The monitoring body has the authority to act on infringements and must report findings to the supervisory authority.


Key Principles

  • Independent Oversight: Accredited bodies provide impartial monitoring of code compliance.

  • Expertise: Monitoring bodies must possess the necessary knowledge to assess adherence effectively.

  • Complaint Handling: Procedures must exist to address complaints related to code violations.

  • Enforcement and Reporting: Monitoring bodies can act on infringements and report to supervisory authorities.

Organizational Applicability

This article applies to all organizations participating in or adhering to approved codes of conduct within the EU:

  • Organizations adopting sector-specific GDPR-compliant codes.

  • Associations or industry bodies coordinating code adoption and compliance.

  • Public and private sector entities required to comply with approved codes.

Implementation Requirements

  • Ensure accredited independent bodies are established or recognized for monitoring.

  • Implement procedures for assessing adherence to the code of conduct.

  • Enable mechanisms for handling complaints and investigating potential violations.

  • Document monitoring activities and report serious infringements to supervisory authorities.

Implementation Guidance

  • Select or accredit monitoring bodies with proven expertise in GDPR compliance.

  • Maintain transparency in monitoring procedures, enforcement actions, and reporting.

  • Regularly review monitoring mechanisms and ensure proper handling of complaints.

  • Coordinate with supervisory authorities for reporting and guidance on infringements.

Periodic Review

  • Frequency: Annually or when new codes are approved or operational processes change.

  • Responsible Role: Compliance Team, Legal, or Monitoring Body.

  • Outcome: Ensure effective oversight, complaint handling, and enforcement of GDPR codes of conduct.

Non-Compliance Risks

  • Fines: Up to €20 million or 4% of global annual turnover.

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

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

  • Operational Risk: Inadequate monitoring may lead to non-compliance and unaddressed breaches.