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      Blog

      Codes of Conduct and Monitoring Bodies under the GDPR

      • Categories Blog, Business, Design / Branding, Free Data Protection Resources, Uncategorized
      • Date October 18, 2020

      Guidelines 01/2019 on Codes of Conduct and Monitoring Bodies under the GDPR

      Section 1
      INTRODUCTION
      Section 1.1
      Scope of these guidelines
      Section 2
      DEFINITIONS
      Section 3
      WHAT ARE CODES?
      Section 4
      WHAT ARE THE BENEFITS OF CODES?
      Section 5
      ADMISSIBILITY OF A DRAFT CODE
      Section 5.1
      Explanatory statement and supporting documentation
      Section 5.2
      Representative
      Section 5.3
      Processing Scope
      Section 5.4
      Territorial Scope
      Section 5.5
      Submission to a CompSA
      Section 5.6
      Oversight of mechanisms
      Section 5.7
      Monitoring body
      Section 5.8
      Consultation
      Section 5.9
      National legislation
      Section 5.10
      Language
      Section 5.11
      Checklist
      Section 6
      CRITERIA FOR APPROVING CODES
      Section 6.1
      Meets a particular need
      Section 6.2
      Facilitates the effective application of the GDPR
      Section 6.3
      Specifies the application of the GDPR
      Section 6.4
      Provides sufficient safeguards
      Section 6.5
      Provides mechanisms which will allow for effective oversight
      Section 7
      SUBMISSION, ADMISSIBILITY AND APPROVAL (NATIONAL CODE)
      Section 7.1
      Submission
      Section 7.2
      Admissibility of a Code
      Section 7.3
      Approval
      Section 8
      SUBMISSION, ADMISSIBILITY AND APPROVAL (TRANSNATIONAL CODE)
      Section 8.1
      Submission
      Section 8.2
      Admissibility of a Code
      Section 8.3
      Cooperation
      Section 8.4
      Refusal
      Section 8.5
      Preparation for submission to the Board
      Section 8.6
      The Board
      Section 8.7
      Approval
      Section 9
      ENGAGEMENT
      Section 10
      THE ROLE OF THE COMMISSION
      Section 11
      MONITORING OF A CODE
      Section 12
      ACCREDITATION REQUIREMENTS FOR MONITORING BODIES
      Section 12.1
      Independence
      Section 12.2
      Conflict of interest
      Section 12.3
      Expertise
      Section 12.4
      Established procedures and structures
      Section 12.5
      Transparent complaints handling
      Section 12.6
      Communication with the competent supervisory authority
      Section 12.7
      Review Mechanisms
      Section 12.8
      Legal status
      Section 13
      APPROVED CODES
      Section 14
      REVOCATION OF A MONITORING BODY
      Section 15
      PUBLIC SECTOR CODES
      Section Appendix 1
      Distinction between national and transnational codes
      Section Appendix 2
      Choosing a COMPSA
      Section Appendix 3
      Checklist for submission
      Section Appendix 4
      TRANSNATIONAL CODE Flow Chart

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      author avatar
      Privacy Professor

      Professor mr drs Romeo F. Kadir MA MSc LLM LLM (Adv) EMBA EMoC

      At present Romeo Kadir serves as the President of the Global Association of Data Protection Professionals Europe (GADPPRO). GADPPRO is a thought leader self-regulatory association of data protection professionals based in the European Union, active around the globe and the first European Association of data protection professionals open for members outside the EU. Please visit www.gadppro.org for more information.

      First appointed Data Protection Officer (DPO) ever in the Netherlands (European Union) at a semi-public entity. Seasoned European Privacy and Data Protection Expert (22+ years of practical experience in EU Privacy and Data Protection Law, Business Management, Compliance and Ethics).

      Studied European and International Law, Political Sciences and Business Administration. Romeo Kadir is EIPACC EADPP Professor European Privacy & Data Protection Law at Universitas Padjadjaran UNpad (Indonesia) and Honorary Visiting Research Fellow with O.P. Jindal Global University (New Delhi), Senior Associate Fellow with Vidhi Centre for Legal Policy (New Delhi), Lecturer Science Honours Academy and Lecturer at the International Molengraaff Institute, Utrecht University (UU, Netherlands). In 2010 he was founder of the first European Data Protection Academy focusing on privacy-only executive education.

      Present Occupations in European Data Protection Law

      Member of the International Bar Association (IBA)
      Member of the International Board of Experts with EuroPrivacy Certification Scheme (Geneva and Luxembourg)
      Member of the International Strategic Board with EuroPrivacy Certification Scheme (Geneva and Luxembourg)
      Member of the Swiss-Chinese Law Association (SCLA)

      Former Occupations in European Data Protection Law

      President European Institute for Privacy, Audit, Compliance & Certification (EIPACC)
      Co-Founder/Vice-President European Association for Data Protection Professionals (EADPP)
      Chair EADPP Certification Committee Data Protection Professionals,
      Chair EADPP Academic Board
      Chair EADPP Expert Committee on Cybersecurity
      Chair EADPP Expert Committee on Artificial Intelligence (AI)
      President Supervisory Board of the Dutch Privacy Complaints Office (NPKI)
      Rapporteur to UN Monitoring Commission Human Rights on behalf of the Dutch Privacy Foundation (SPN)

      Publications

      'Handbook DPO - A Practical Guide', Privacy Publishing Group (2017)
      Editor-in-Chief of ‘Data Protection Dictionary’, authored, edited and coordinated ‘Handbook for the Data Protection Officer – A practical Guide’, ‘The Ultimate GDPR Business Guide – Six Volumes’ and other relevant books in the field of privacy and data protection (www.dataprotectionbooks.com)

      www.romeokadir.eu

      Previous post

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      October 18, 2020

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      Accreditation of certification bodies under Article 43 GDPR
      October 18, 2020

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