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

APPENDIX 1  –  DISTINCTION BETWEEN NATIONAL AND TRANSNATIONAL CODES

A transnational code refers to a code which relates to processing activities in more than one Member State. As such, a transnational code may relate to processing activities carried out by a multiplicity of controllers or processors in several Member States without necessarily amounting to ‘cross-border processing’ as defined in Article 4 (23) of the GDPR.

Therefore, where a code of conduct adopted by a national association in one Member State covers processing activities by its members in several Member States, it will qualify as a transnational code.

Whereas if an association with a code approved at national level is joined by an international member that conducts cross-border processing, that member could only claim the benefit of the approved code for processing activities in the Member State which approved the code. Mechanisms would need to be put in place to ensure that there is a dequate transparency as regards the effective territorial scope of the code.