Article 42
Certification
There is no recital in the Directive related to article 42.
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Regulation
Art. 42 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. |
Directive
No specific provision. |
Poland
Starting from May 25, 2018 GDPR came into force and is fully applicable in Poland. The Act on Protection of Personal Data of 29th August 1997 [unified text: Journal of Laws 2015, item 2135, 2281] is not in force since May 25, 2018. It was replaced by new regulation - The Act on Personal Data Protection of 10th May 2018, which implements GDPR in Poland. Chapter 4. of The Act on Personal Data Protection of 10th May 2018 [Conditions and procedure for certification] Article 15 [Rules for certification] 1. Certification referred to in Article 42 of Regulation (EU) 2016/679, hereinafter “certification”, shall be carried out by the President of the Office or by a certification body, upon application by the controller, the processor, the manufacturer, or the entity placing a service or a product on the market. 2. Certification shall be carried out in accordance with the rules laid down in Regulation (EU) 2016/679. 3. In matters relating to certification carried out by a certification body which are not regulated in Regulation (EU) 2016/679 or in this Act, the provisions of the civil-law agreement concluded between the certification body and the applicant for certification shall apply. Article 16 [Publication by the President of the Office of certification criteria] Article 17 [Application for certification] An application for certification shall contain at least:
2. Documents confirming compliance with the certification criteria, or copies thereof, shall be attached to the application and, where certification is carried out by the President of the Office, proof of payment of the fee referred to in Article 26. 3. The application shall be submitted in writing either in paper form bearing a handwritten signature or in electronic form bearing a qualified electronic signature. An application submitted to the President of the Office in electronic form shall bear a qualified electronic signature or a signature confirmed by a trusted profile (ePUAP). Article 18 [Time limit for examining an application for certification] 1. The President of the Office or the certification body shall examine the application for certification and, no later than within 3 months from the date of submission of an application compliant with Article 17, after verifying compliance with the certification criteria, shall notify the applicant of the granting or refusal of certification. 2. An application submitted to the President of the Office that does not contain the information referred to in Article 17(1)(1) shall be left unexamined. Where the application does not contain the information referred to in Article 17(1)(2) or (3), or does not meet the requirements referred to in Article 17(2) or (3), the President of the Office shall request the applicant to supplement it, together with an instruction that failure to do so within 7 days from service of the request will result in the application being left unexamined. Article 19 [Obligation to inform the President of the Office of the intended granting or intended refusal of certification] Article 20 [Grounds for refusal of certification] 1. Where it is established that the applicant for certification does not meet the certification criteria, the President of the Office or the certification body shall refuse to grant certification. 2. A refusal to grant certification by the President of the Office shall be made by way of a decision. 3. The certification body shall draw up and make available to interested entities a procedure to be followed in the event of a refusal to grant certification. Article 21 [Certificate] The document confirming certification shall be a certificate. The certificate shall contain at least:
Article 22 [Obligation of the certified entity to comply with the certification criteria] 1. During the period for which certification was granted, the entity to which certification was granted shall be obliged to comply with the certification criteria applicable on the date of issue of the certificate. 2. The President of the Office or the certification body shall withdraw certification where it is established that the entity to which certification was granted does not meet or has ceased to meet the certification criteria. 3. Withdrawal of certification by the President of the Office shall be made by way of a decision. Article 23 [Register of entities granted certification] 1. The certification body shall provide the President of the Office with the data of the entity to which certification was granted and of the entity whose certification was withdrawn, together with an indication of the reason for the withdrawal. 2. The President of the Office shall keep a publicly accessible register of the entities referred to in paragraph 1. 3. The President of the Office shall enter an entity in the register without delay after granting certification or after receiving information that certification has been granted by a certification body. 4. The President of the Office shall make the register available on his/her official website in the Public Information Bulletin and shall keep it up to date. Article 24 [Verification activities] 1. Within the time limit referred to in Article 18(1), and also after certification has been granted, the President of the Office shall be entitled, for the purpose of assessing whether the entity complies with the certification criteria, to carry out verification activities at the controller, the processor, the manufacturer, or the entity placing a service or a product on the market. 2. The President of the Office shall notify the entity referred to in paragraph 1 of the intention to carry out verification activities. 3. Verification activities shall be carried out not earlier than after 7 days and not later than before 30 days from the date of service of the notification referred to in paragraph 2. If the verification activities are not carried out within 30 days from the date of service of the notification, their performance shall require a renewed notification. 4. Verification activities shall be carried out on the basis of a personal authorisation issued by the President of the Office, which shall include:
Article 25 [Powers of the person carrying out verification activities] 1. The person carrying out verification activities shall be entitled to:
2. A report shall be drawn up of the verification activities and presented to the controller, the processor, the manufacturer, or the entity placing a service or a product on the market. Article 88 shall apply mutatis mutandis. Article 26 [Fee for certification-related activities] 1. The President of the Office shall charge a fee for certification-related activities, the amount of which shall correspond to the estimated costs incurred in carrying out those activities. 2. When determining the amount of the fee, the President of the Office shall take into account the scope of certification, the anticipated course and duration of the certification procedure, and the cost of the work of the employee performing certification-related activities. 3. The maximum amount of the fee shall not exceed four times the average remuneration in the national economy in the calendar year preceding the year in which the application for certification is submitted, as announced by the President of the Central Statistical Office pursuant to Article 20(1)(a) of the Act of 17 December 1998 on pensions and disability pensions from the Social Insurance Fund (Journal of Laws of 2018, item 1270, as amended). 4. The President of the Office shall publish, on his/her official website in the Public Information Bulletin, the amount of the fee that the entity referred to in Article 15 is obliged to pay in respect of certification-related activities. 5. The fee shall constitute revenue of the State budget. |
