Certification Mechanism

Definition

A formal process through which organizations can demonstrate compliance with privacy standards through independent third-party verification, approved codes of conduct, or certification schemes. GDPR recognizes certification mechanisms as accountability tools and approved transfer mechanisms for international data flows. Certifications involve assessment against established criteria, verification by approved certification bodies, periodic review, and public demonstration of compliance. Examples include Privacy Shield (now invalidated), APEC Cross-Border Privacy Rules, ISO 27701 for privacy management, and various sector-specific certifications. Certifications can strengthen customer trust, streamline vendor assessments, facilitate international transfers, and demonstrate accountability to regulators. However, certification doesn't guarantee compliance—organizations remain fully responsible for meeting legal requirements. Certifications should supplement, not replace, comprehensive privacy programs.

Applicable Laws & Regulations

  1. 1GDPR Article 42 - Certification mechanisms
  2. 2GDPR Article 46(2)(f) - Certification as transfer mechanism
  3. 3GDPR Article 43 - Certification bodies

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