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Chapter IV – Controller and processor (Art. 24-43)

Art. 24 GDPR - Responsibility of the controller arrow_right_alt

Art. 25 GDPR - Data protection by design and by default arrow_right_alt

Art. 26 GDPR - Joint controllers arrow_right_alt

Art. 27 GDPR - Representatives of controllers or processors not established in the Union arrow_right_alt

Art. 28 GDPR - Processor arrow_right_alt

Art. 29 GDPR - Processing under the authority of the controller or processor arrow_right_alt

Art. 30 GDPR - Records of processing activities arrow_right_alt

Art. 31 GDPR - Cooperation with the supervisory authority arrow_right_alt

Art. 32 GDPR - Security of processing arrow_right_alt

Art. 33 GDPR - Notification of a personal data breach to the supervisory authority arrow_right_alt

Art. 34 GDPR - Communication of a personal data breach to the data subject arrow_right_alt

Art. 35 GDPR - Data protection impact assessment arrow_right_alt

Art. 36 GDPR - Prior consultation arrow_right_alt

Art. 37 GDPR - Designation of the data protection officer arrow_right_alt

Art. 38 GDPR - Position of the data protection officer arrow_right_alt

Art. 39 GDPR - Tasks of the data protection officer arrow_right_alt

Art. 40 GDPR - Codes of conduct arrow_right_alt

Art. 41 GDPR - Monitoring of approved codes of conduct arrow_right_alt

Art. 42 GDPR - Certification arrow_right_alt

  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.
  2. 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.
  3. The certification shall be voluntary and available via a process that is transparent.
  4. 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.
  5. 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.
  6. 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. 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 requirements 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 requirements for the certification are not or are no longer met.
  8. 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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  • 100

Recital 100

In order to enhance transparency and compliance with this Regulation, the establishment of certification mechanisms and data protection seals and marks should be encouraged, allowing data subjects to quickly assess the level of data protection of relevant products and services.

Art. 43 GDPR - Certification bodies arrow_right_alt