Article 41. Monitoring of approved codes of conduct
(1) Without prejudice to the tasks and powers of the Centre referred to in art. 59 and 60, the monitoring of compliance with a code of conduct approved pursuant to art. 40 may be carried out by a body which has an appropriate level of expertise in relation to the subject-matter of the code and is accredited for that purpose by the Centre.
(2) The body referred to in paragraph (1) may be accredited to monitor compliance with a code of conduct where that body has:
- a) demonstrated its independence and expertise in relation to the subject-matter of the code to the satisfaction of the Centre;
- b) established procedures which allow it to assess the eligibility of controllers and processors to apply the code, to monitor their compliance with its provisions and to periodically review its operation;
- c) established procedures and structures for examining and resolving complaints about infringements of the code or the manner in which the code has been, or is being, implemented by a controller or processor, and for making those procedures and structures transparent to data subjects and the public; and
- d) demonstrated to the satisfaction of the Centre that its tasks and duties do not give rise to conflicts of interests.
(3) The Centre shall approve the requirements for accreditation of the body referred to in paragraph (1).
(4) Without prejudice to the tasks and powers of the Centre, the body referred to in paragraph (1) shall, subject to appropriate safeguards, take suitable measures in cases of infringement of the code by a controller or processor, including suspension or exclusion of the controller or processor concerned from the code. The body concerned shall inform the Centre of such measures and of the reasons for taking them.
(5) The Centre shall revoke the accreditation of a body referred to in paragraph (1) if the requirements for accreditation are no longer met or if measures taken by the body concerned infringe this Law.
(6) This Article shall not apply to processing carried out by public authorities and institutions.