# Article 43. Certification bodies

Source: https://conformitate.md/en/law-195-2024/article-43
Law version: 2026-10-15 · Official source: legis.md (https://www.legis.md/cautare/getResults?doc_id=144681&lang=ro)
Notice: The Romanian and Russian texts are those published in Monitorul Oficial. This English text is an unofficial translation by conformitate.md and has no legal force. Not an official publication. The Law was published in Monitorul Oficial No. 367-369/2024, art. 574.

Chapter IV · Section 5

(1) Without prejudice to the tasks and powers of the Centre referred to in art. 59 and 60, certification bodies which have an appropriate level of competence in the field of personal data protection shall, after informing the Centre in order to allow it to exercise its powers referred to in art. 60(2)(h), grant and renew certification.

(2) A certification body shall be accredited by the National Accreditation Centre where it has:

a) demonstrated its independence and expertise in relation to the subject-matter of the certification to the satisfaction of the National Centre for Personal Data Protection;

b) undertaken to respect the criteria approved pursuant to art. 42(5);

c) established procedures for the granting, periodic review and withdrawal of certification and of seals and marks in the field of personal data protection;

d) established procedures and structures for examining and resolving complaints about infringements of the certification or the manner in which the certification 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

e) demonstrated to the satisfaction of the National Centre for Personal Data Protection that its tasks and duties do not give rise to conflicts of interests.

(3) The accreditation of certification bodies as referred to in paragraphs (1) and (2) shall take place on the basis of accreditation requirements approved by the Centre. Those requirements shall complement those laid down in Law No. 235/2011 on Accreditation and Conformity Assessment Activities, as well as 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 carrying out an appropriate assessment for the purpose of certification or the withdrawal of such certification, without prejudice to the responsibility of the controller or the processor for compliance with this Law. The accreditation shall be granted for a maximum period of five years and may be renewed under 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 communicate to the National Centre for Personal Data Protection the reasons for granting or withdrawing the certification.

(6) The requirements referred to in paragraph (3) and the criteria referred to in art. 42(5) shall be published by the National Centre for Personal Data Protection on its official website.

(7) The National Accreditation Centre, including at the request of the National Centre for Personal Data Protection, shall revoke an accreditation granted to a certification body pursuant to paragraph (1) where the conditions for the accreditation are not, or are no longer, met or where measures taken by the accreditation body contravene this Law.

(8) The National Centre for Personal Data Protection may approve technical standards for certification mechanisms and for seals and marks in the field of personal data protection, as well as mechanisms to promote and recognise those certification mechanisms, seals and marks.

Related topics [Controller and processor obligations](https://conformitate.md/en/law-195-2024/controller-and-processor-obligations)

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