§ GDPR · Article 43

GDPR Article 43: Obligations, Deadlines & Penalties

Regulation (EU) 2016/679, Article 43 · All obligations · GDPR
At a glance
Article 43 of the GDPR imposes 15 obligations on Board, Commission, Member States and 2 other entity type(s).
§ Obligations

All obligations under Article 43

Obligation 1
Certification bodies must inform the supervisory authority before issuing or renewing certification to allow it to exercise its powers. Regulation (EU) 2016/679, Article 43, Article 43
Obligated entity
certification body
Action required
notify
Deadline
—
Penalty
—
Obligation 2
Member States must ensure that certification bodies are accredited by the competent supervisory authority or the national accreditation body. Regulation (EU) 2016/679, Article 43, Article 43
Obligated entity
Member States
Action required
ensure
Deadline
—
Penalty
—
Obligation 3
Certification bodies must demonstrate their independence and expertise in relation to the subject-matter of the certification to the satisfaction of the competent supervisory authority. Regulation (EU) 2016/679, Article 43, Article 43
Obligated entity
certification body
Action required
demonstrate
Deadline
—
Penalty
—
Obligation 4
Certification bodies must undertake to respect the criteria referred to in Article 42(5) and approved by the supervisory authority or the Board. Regulation (EU) 2016/679, Article 43, Article 43
Obligated entity
certification body
Action required
undertake
Deadline
—
Penalty
—
Obligation 5
Certification bodies must establish procedures for the issuing, periodic review and withdrawal of data protection certification, seals and marks. Regulation (EU) 2016/679, Article 43, Article 43
Obligated entity
certification body
Action required
establish
Deadline
—
Penalty
—
Obligation 6
Certification bodies must establish procedures and structures to handle complaints about infringements of the certification and make those procedures transparent to data subjects and the public. Regulation (EU) 2016/679, Article 43, Article 43
Obligated entity
certification body
Action required
establish
Deadline
—
Penalty
—
Obligation 7
Certification bodies must demonstrate to the satisfaction of the competent supervisory authority that their tasks and duties do not result in a conflict of interests. Regulation (EU) 2016/679, Article 43, Article 43
Obligated entity
certification body
Action required
demonstrate
Deadline
—
Penalty
—
Obligation 8
Certification bodies must be responsible for the proper assessment leading to the certification or the withdrawal of such certification. Regulation (EU) 2016/679, Article 43, Article 43
Obligated entity
certification body
Action required
assess
Deadline
—
Penalty
—
Obligation 9
Certification bodies must provide the competent supervisory authorities with the reasons for granting or withdrawing the requested certification. Regulation (EU) 2016/679, Article 43, Article 43
Obligated entity
certification body
Action required
provide
Deadline
—
Penalty
—
Obligation 10
The supervisory authority must make the requirements and criteria for accreditation and certification public in an easily accessible form. Regulation (EU) 2016/679, Article 43, Article 43
Obligated entity
supervisory authority
Action required
publish
Deadline
—
Penalty
—
Obligation 11
The supervisory authorities must transmit the requirements and criteria to the Board. Regulation (EU) 2016/679, Article 43, Article 43
Obligated entity
supervisory authority
Action required
transmit
Deadline
—
Penalty
—
Obligation 12
The Board must collate all certification mechanisms and data protection seals in a register and make them publicly available. Regulation (EU) 2016/679, Article 43, Article 43
Obligated entity
Board
Action required
register
Deadline
—
Penalty
—
Obligation 13
The competent supervisory authority or the national accreditation body must revoke an accreditation of a certification body where the conditions for the accreditation are not met or where actions infringe the Regulation. Regulation (EU) 2016/679, Article 43, Article 43
Obligated entity
supervisory authority
Action required
revoke
Deadline
—
Penalty
—
Obligation 14
The Commission must adopt delegated acts specifying the requirements to be taken into account for the data protection certification mechanisms. Regulation (EU) 2016/679, Article 43, Article 43
Obligated entity
Commission
Action required
adopt
Deadline
—
Penalty
—
Obligation 15
The Commission may adopt implementing acts laying down technical standards for certification mechanisms and data protection seals and marks. Regulation (EU) 2016/679, Article 43, Article 43
Obligated entity
Commission
Action required
adopt
Deadline
—
Penalty
—
§ Deadlines

GDPR compliance deadlines

§ Frequently asked

Questions about Article 43

Who must comply with Article 43 of the GDPR? +
Board, Commission, Member States, certification body, supervisory authority.
What does Article 43 of the GDPR require? +
notify ensure demonstrate
Need a cross-border briefing on GDPR Article 43?
Search Fontvera ↵
All EU obligation pages  ·  All GDPR articles