Overview

This article encourages the development of voluntary, transparent data protection certification mechanisms, including seals and marks, to demonstrate GDPR compliance. Certifications aim to provide assurance of compliance, including safeguards for data transfers, and are particularly relevant for SMEs. Certifications are issued by accredited bodies or authorities for a period of up to three years and must be publicly registered.

Key Principles

  • Voluntary Certification: Organizations may choose to obtain GDPR certifications to demonstrate compliance.

  • Transparency: Certifications, seals, and marks should be clear and publicly recognizable.

  • Data Protection Assurance: Certified organizations demonstrate safeguards for processing and transfers.

  • SME Consideration: Certification frameworks should be accessible to small and medium-sized enterprises.

  • Time-Bound Validity: Certifications are valid for up to three years, subject to renewal.

Organizational Applicability

This article applies to all organizations within the EU seeking to demonstrate GDPR compliance:

  • Controllers and processors aiming for external validation of data protection practices.

  • Public and private sector entities, including SMEs, adopting certification mechanisms.

  • Teams responsible for compliance, quality assurance, and data governance.

Implementation Requirements

  • Apply for certification with an accredited certification body or authority.

  • Demonstrate compliance with GDPR obligations and safeguards for data processing and transfers.

  • Maintain records to support certification requirements and audits.

  • Ensure certification is publicly registered and visible to stakeholders.

Implementation Guidance

  • Select an appropriate certification scheme suitable for the organization’s size and processing activities.

  • Conduct internal audits and gap assessments before certification application.

  • Train staff on maintaining compliance with certification standards.

  • Plan for renewal and recertification within the three-year validity period.

Periodic Review

  • Frequency: Annually or upon changes in processing activities, certifications, or regulations.

  • Responsible Role: Compliance Team, Data Protection Officer (DPO), or Legal.

  • Outcome: Ensure certification remains valid, reflects current practices, and demonstrates GDPR compliance.

Non-Compliance Risks

  • Fines: Up to €20 million or 4% of global annual turnover for non-compliance outside of certification context.

  • Legal Exposure: Loss of credibility or invalid certification if standards are not maintained.

  • Reputational Damage: Stakeholder distrust if certification claims are inaccurate or misleading.

  • Operational Risk: Mismanagement of certification obligations may affect compliance and audit readiness.