Overview

This article outlines the role of accredited certification bodies in issuing and renewing GDPR certifications. Certification bodies must have expertise in data protection, operate independently, follow approved criteria, and implement transparent procedures for certification, reviews, and complaint handling. They report to supervisory authorities, who can revoke accreditation if conditions are not met.


Key Principles

  • Accreditation and Expertise: Certification bodies must possess recognized data protection expertise and meet accreditation standards.

  • Independence: Bodies must operate without influence from the organizations they certify.

  • Transparency: Certification, review, and complaint procedures must be clear and accessible.

  • Accountability: Certification bodies report to supervisory authorities and maintain compliance with approved criteria.

  • Enforcement: Supervisory authorities may revoke accreditation if standards or conditions are breached.

Organizational Applicability

This article applies to all certification bodies issuing GDPR certifications within the EU:

  • Independent or accredited organizations providing GDPR certification services.

  • Public and private sector entities responsible for certifying compliance.

  • Teams managing certification, compliance assessments, and audit procedures.

Implementation Requirements

  • Maintain independent operations free from conflicts of interest.

  • Follow approved certification criteria and standardized procedures.

  • Implement mechanisms for reviews, renewals, and handling complaints.

  • Report certification activities to the relevant supervisory authority and comply with oversight.

Implementation Guidance

  • Develop and document certification policies and procedures aligned with GDPR requirements.

  • Train staff on certification processes, assessment methods, and compliance evaluation.

  • Establish clear procedures for addressing complaints and non-compliance.

  • Conduct periodic internal audits to maintain accreditation standards and independence.

Periodic Review

  • Frequency: Annually or when certification procedures, criteria, or regulatory guidance changes.

  • Responsible Role: Certification body management, Compliance Team, or Supervisory Authority oversight.

  • Outcome: Ensure certification operations remain independent, transparent, and aligned with GDPR.

Non-Compliance Risks

  • Fines: Up to €20 million or 4% of global annual turnover for failure to maintain GDPR certification standards.

  • Legal Exposure: Revocation of accreditation by supervisory authorities.

  • Reputational Damage: Loss of credibility and trust with clients and regulators.

  • Operational Risk: Inability to certify organizations accurately, leading to regulatory scrutiny or disputes.