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Article 43
Certification bodies
Chapter 4|Controller and Processor|📖 6 min read
1. Without prejudice to the tasks and powers of the competent supervisory authority under Articles 57 and 58, certification bodies which have an appropriate level of expertise in relation to data protection shall, after informing the supervisory authority in order to allow it to exercise its powers pursuant to point (h) of Article 58(2) where necessary, issue and renew certification. Member States shall ensure that those certification bodies are accredited by one or both of the following:
(a) the supervisory authority which is competent pursuant to Article 55 or 56;
(b) the national accreditation body named in accordance with Regulation (EC) No 765/2008 of the European Parliament and of the Council in accordance with EN-ISO/IEC 17065/2012 and with the additional requirements established by the supervisory authority which is competent pursuant to Article 55 or 56.
2. Certification bodies referred to in paragraph 1 shall be accredited in accordance with that paragraph only where they have:
(a) demonstrated their independence and expertise in relation to the subject-matter of the certification to the satisfaction of the competent supervisory authority;
(b) undertaken to respect the criteria referred to in Article 42(5) and approved by the supervisory authority which is competent pursuant to Article 55 or 56 or by the Board pursuant to Article 63;
(c) established procedures for the issuing, periodic review and withdrawal of data protection certification, seals and marks;
(d) established procedures and structures to handle complaints about infringements of the certification or the manner in which the certification has been, or is being, implemented by the controller or processor, and to make those procedures and structures transparent to data subjects and the public; and
(e) demonstrated, to the satisfaction of the competent supervisory authority, that their tasks and duties do not result in a conflict of interests.
3. The accreditation of certification bodies as referred to in paragraphs 1 and 2 of this Article shall take place on the basis of criteria approved by the supervisory authority which is competent pursuant to Article 55 or 56 or by the Board pursuant to Article 63. In the case of accreditation pursuant to point (b) of paragraph 1 of this Article, those requirements shall complement those envisaged in Regulation (EC) No 765/2008 and the technical rules that describe the methods and procedures of the certification bodies.
4. The certification bodies referred to in paragraph 1 shall be responsible for the proper assessment leading to the certification or the withdrawal of such certification without prejudice to the responsibility of the controller or processor for compliance with this Regulation. The accreditation shall be issued for a maximum period of five years and may be renewed on the same conditions provided that the certification body meets the requirements set out in this Article.
5. The certification bodies referred to in paragraph 1 shall provide the competent supervisory authorities with the reasons for granting or withdrawing the requested certification.
6. The requirements referred to in paragraph 3 of this Article and the criteria referred to in Article 42(5) shall be made public by the supervisory authority in an easily accessible form. The supervisory authorities shall also transmit those requirements and criteria to the Board. The Board shall collate all certification mechanisms and data protection seals in a register and make them publicly available by any appropriate means.
7. Without prejudice to Chapter VIII, the competent supervisory authority or the national accreditation body shall revoke an accreditation of a certification body pursuant to paragraph 1 of this Article where the conditions for the accreditation are not, or are no longer, met or where actions taken by a certification body infringe this Regulation.
8. The Commission shall be empowered to adopt delegated acts in accordance with Article 92 for the purpose of specifying the requirements to be taken into account for the data protection certification mechanisms referred to in Article 42(1).
9. The Commission may adopt implementing acts laying down technical standards for certification mechanisms and data protection seals and marks, and mechanisms to promote and recognise those certification mechanisms, seals and marks. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 93(2).
Understanding This Article
Article 43 establishes the framework for certification bodies—the independent organizations authorized to issue GDPR compliance certifications under Article 42. These bodies play a critical role in the certification ecosystem, and the article ensures they meet high standards of competence, independence, and accountability.
Certification bodies can be accredited through two routes: directly by the competent supervisory authority, or by the national accreditation body according to the international standard EN-ISO/IEC 17065/2012 (with additional supervisory authority requirements). The second route leverages existing accreditation infrastructure while ensuring data protection-specific standards are met.
The accreditation requirements are stringent. Bodies must demonstrate independence and expertise, establish clear procedures for issuing and withdrawing certifications, create transparent complaint-handling mechanisms, and prove they have no conflicts of interest. This ensures certification bodies maintain objectivity and credibility.
Importantly, certification bodies are fully responsible for the proper assessment that leads to certification decisions. However, this doesn't reduce the controller's or processor's own compliance responsibilities. If an organization violates GDPR, they can't blame the certification body—the certification is evidence of compliance at a point in time, not absolution from ongoing responsibility.
Accreditation lasts a maximum of five years and can be revoked if requirements are no longer met or if the body infringes GDPR. This ensures ongoing quality control and accountability in the certification system.
Key Points
Certification bodies must be accredited by supervisory authorities or national accreditation bodies
Must demonstrate independence, expertise, and absence of conflicts of interest
Responsible for proper assessment leading to certification or withdrawal
Must establish procedures for issuing, reviewing, and withdrawing certifications
Accreditation valid for maximum five years and can be revoked if requirements not met
Must provide supervisory authorities with reasons for granting or withdrawing certifications
Practical Application
Example 1 - Establishing a Certification Body: A data protection consultancy with extensive GDPR expertise decides to become a certification body. It applies for accreditation with the national supervisory authority, demonstrating its team's qualifications, establishing detailed certification procedures, creating an independent complaint-handling process, and proving financial independence from potential clients. After thorough review, the supervisory authority grants accreditation for five years. The body can now assess and certify organizations' GDPR compliance.
Example 2 - Using National Accreditation Infrastructure: An existing conformity assessment body already accredited under ISO/IEC 17065 for quality management systems decides to expand into GDPR certification. It applies to the national accreditation body, demonstrating it meets the ISO standard plus additional data protection requirements set by the supervisory authority (such as data protection expertise and understanding of GDPR-specific assessment criteria). Once accredited, it can issue GDPR certifications.
Example 3 - Certification Assessment: A cloud storage company applies for GDPR certification. The accredited certification body conducts a comprehensive assessment, reviewing the company's data protection policies, technical security measures, data processing agreements, breach response procedures, and data subject rights mechanisms. The body conducts on-site audits, interviews staff, and reviews documentation. Satisfied the company meets approved criteria, the body issues certification and notifies the supervisory authority of its decision and reasoning.
Example 4 - Revocation of Accreditation: A certification body is found to have certified multiple organizations without proper assessments, appears to have financial dependencies on large clients, and failed to withdraw certification from an organization later found to have serious GDPR violations. The supervisory authority investigates, determines the body no longer meets independence and competence requirements, and revokes its accreditation. All certifications issued by that body are immediately called into question.