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      Accreditation of certification bodies under Article 43 GDPR

      • Categories Blog, Business, Design / Branding, Free Data Protection Resources, Uncategorized
      • Date November 4, 2020

      Guidelines 4/2018 on the accreditation of certification bodies under Article 43 of GDPR

      Section 6.1  Certification body personnel

      The accreditation body shall in addition to the requirement in section 6 ISO/IEC 17065/2012 ensure for each certification body that its personnel:

      1 has demonstrated appropriate and ongoing expertise (knowledge and experience) with regard to data protection pursuant to Article 43(1);

      2 has independence and ongoing expertise with regard to the object of certification pursuant to Article 43(2)(a) and do not have a conflict of interest pursuant to Article 43(2)(e);

      3 undertakes to respect the criteria referred to in Article 42(5) pursuant to Article 43(2)(b);

      4 has relevant and appropriate knowledge about and experience in applying data protection legislation;

      5 has relevant and appropriate knowledge about and experience in technical and organisational data protection measures as relevant.

      6  is able to demonstrate experience in the fields mentioned in the additional requirements 6.1.1, 6.1.4, and 6.1.5, specifically

      For personnel with technical expertise:

      • Have obtained a qualification in a relevant area of technical expertise to at least EQF level 6 or a recognised protected title (e.g. Dipl. Ing.) in the relevant regulated profession or have significant professional experience.

      • Personnel responsible for certification decisions require significant professional experience in identifying and implementing data protection measures.

      • Personnel responsible for evaluations require professional experience in technical data protection and knowledge and experience in comparable procedure (e.g. certifications/audits), and registered as applicable.

      Personnel shall demonstrate they maintain domain specific knowledge in technical and audit skills through continuous professional development.

      For personnel with legal expertise:

      • Legal studies at a EU or state-recognised university for at least eight semesters including the academic degree Master (LL.M.) or equivalent, or significant professional experience.

      • Personnel responsible for certification decisions shall demonstrate significant professional experience in data protection lawand be registered as required by the Member State.

      • Personnel responsible for evaluations shall demonstrate at least two years of professional experience in data protection law and knowledge and experience in comparable procedures (e.g. certifications/audits), and when required by the Member State be registered.

      Personnel shall demonstrate they maintain domain specific knowledge in technical and audit skills through continuous professional development.

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