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

Paragraph 4.1.2  Certification agreement (“CA”)

The minimum requirements for a certification agreement shall be supplemented by the following points:

The certification body shall demonstrate in addition to the requirements of ISO/IEC 17065/2012 that its certification agreements:

• 1 require the applicant to always comply with both the general certification requirements within the meaning of 4.1.2.2 lit. a ISO/IEC 17065/2012 and the criteria approved by the competent supervisory authority or the EDPB in accordance with Article 43 (2)(b) and Article 42(5);

• 2 require the applicant to allow full transparency to the competent supervisory authority with respect to the certification procedure including contractually confidential matters related to data protection compliance pursuant to Articles 42(7) and 58(1)(c);

• 3 do not reduce the responsibility of the applicant for compliance with Regulation 2016/679/EC and is without prejudice to the tasks and powers of the supervisory authorities which is competent in line with Article 42(5);

• 4 require the applicant to provide the certification body with all information and access to its processing activities which are necessary to conduct the certification procedure pursuant to Article 42(6);

• 5 require the applicant to comply with applicable deadlines and procedures. The certification agreement must stipulate that deadlines and procedures resulting, for example, from the certification program or other regulations must be observed and adhered to;

• 6 with respect to 4.1.2.2 lit. c No. 1 ISO/IEC 17065/2012 set out the rules of validity, renewal, and withdrawal pursuant to Articles 42(7) and 43(4) including rules setting appropriate intervals for re-evaluation or review (regularity) in line with Article 42(7);

• 7 allow the certification body to disclose all information necessary for granting certification pursuant to Articles 42(8) and 43(5);

• 8 include rules on the necessary precautions for the investigation of complaints within the meaning of 4.1.2.2 lit. c No. 2, additionally, lit. j, shall also contain explicit statements on the structure and the procedure for complaint management in accordance with Article. 43(2)(d);

• 9 in addition to the minimum requirements referred to in 4.1.2.2 ISO/IEC 17065/2012, if the consequences of withdrawal or suspension of accreditation for the certification body impact on the client, in that case the consequences for the customer should all also be addressed

• 10 require the applicant to inform the certification body in the event of significant changes in its actual or legal situation and in its products, processes and services concerned by the certification