Source: OJ L 119, 4.5.2016, pp. 1–88Consolidated text

Current language: EN

Article 42 Certification

Summary What does Article 42 of the GDPR regulation say?

This article establishes the framework for voluntary data protection certification mechanisms, seals, and marks under the GDPR.

It sets out how controllers and processors can obtain certification to demonstrate their compliance with the regulation, and notably extends the possibility of certification to entities outside the EU's territorial scope under Article 3, connecting it to the transfer safeguards framework in Article 46.

The article also makes clear that certification does not shift or reduce a controller's or processor's underlying compliance responsibilities, and it introduces the concept of the European Data Protection Seal as a potential Union-wide common certification.

Important points:

  • Certification is voluntary — controllers and processors can seek it to demonstrate compliance, but obtaining it does not reduce their responsibility for complying with the regulation.
  • Certification is valid for a maximum of three years and can be renewed, but must be withdrawn if the relevant criteria are no longer met.
  • The Board is required to maintain a public register of all certification mechanisms, seals, and marks.

Springlex's summary of the article is a reading aid, not a substitute for the legal text.

    1. The Member States, the supervisory authorities, the Board and the Commission shall encourage, in particular at Union level, the establishment of data protection certification mechanisms and of data protection seals and marks, for the purpose of demonstrating compliance with this Regulation of processing operations by controllers and processors. The specific needs of micro, small and medium-sized enterprises shall be taken into account.

    1. In addition to adherence by controllers or processors subject to this Regulation, data protection certification mechanisms, seals or marks approved pursuant to paragraph 5 of this Article may be established for the purpose of demonstrating the existence of appropriate safeguards provided by controllers or processors that are not subject to this Regulation pursuant to Article 3 within the framework of personal data transfers to third countries or international organisations under the terms referred to in point (f) of Article 46(2). Such controllers or processors shall make binding and enforceable commitments, via contractual or other legally binding instruments, to apply those appropriate safeguards, including with regard to the rights of data subjects.

    1. The certification shall be voluntary and available via a process that is transparent.

    1. A certification pursuant to this Article does not reduce the responsibility of the controller or the processor for compliance with this Regulation and is without prejudice to the tasks and powers of the supervisory authorities which are competent pursuant to Article 55 or 56.

    1. A certification pursuant to this Article shall be issued by the certification bodies referred to in Article 43 or by the competent supervisory authority, on the basis of criteria approved by that competent supervisory authority pursuant to Article 58(3) or by the Board pursuant to Article 63. Where the criteria are approved by the Board, this may result in a common certification, the European Data Protection Seal.

    1. The controller or processor which submits its processing to the certification mechanism shall provide the certification body referred to in Article 43, or where applicable, the competent supervisory authority, with all information and access to its processing activities which are necessary to conduct the certification procedure.

  7. ▼C1

    1. Certification shall be issued to a controller or processor for a maximum period of three years and may be renewed, under the same conditions, provided that the relevant criteria continue to be met. Certification shall be withdrawn, as applicable, by the certification bodies referred to in Article 43 or by the competent supervisory authority where the criteria for the certification are not or are no longer met.

    1. The Board shall collate all certification mechanisms and data protection seals and marks in a register and shall make them publicly available by any appropriate means.

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