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

Section 12.6  Communication with the competent supervisory authority

78. A proposed monitoring body framework needs to allow for the effective communication of any actions carried out by a monitoring body to the CompSA and other supervisory authorities in respect of the code. This could include decisions concerning the actions taken in cases of infringement of the code by a code member, providing periodic reports on the code, or providing review or audit findings of the code.

79. In addition, it will need to ensure that the supervisory authority is not prejudiced or impeded in its role. For example, a code which proposes that its members can unilaterally approve, withdraw or suspend a monitoring body without any notification and agreement with the CompSA would be incontravention of Article 41(5) of the GDPR.