The State Data Inspectorate (hereinafter VDAI) has prepared and submitted to public consultation a draft order of the VDAI Director, which approves:
- description of the procedure of the accreditation of certification bodies (the requirements for the accreditation of certification organisms are mentioned into the Annex of this Description).
- Description of the procedure for the approval of criterias of certification required by certification bodies.
The European Data Protection Board on the 4th of June of 2019 èublished the Guidelines for the accreditation of certification bodies referred into the Article 43 of the General data Protection Regulation (hereinafter – GDPR) 4/2018 which affirmed that “the certification mechanisms can help to guarantee a better compliance with the GDPR and a better transparency for data subjects and the development of business-to-business (B2B) relationships, like the cooperation between data controllers and processors.”
Also the Recital 100 of the GDPR underlines that certification mechanisms could help the data subjects to assess the protection level for specific products or services.
The procedure established in this draft order is important to determine the different moods for the assessment of certification bodies and instruments elected, by guaranteeing that data controllers and/or the processors are trying to confirm their activities or each data processing operation with the requirements of the GDPR and increasing the trust in their services.
The accreditation of certification bodies and their future certification is a volunteer measure which can be adopted by data controllers or processors.
After the assessment of comments and suggestions received during the public consultation, the requirements for the accreditation of certification bodies according to the article 64, paragraph 1, letter C) of the GDPR will be submitted to the assessment of the European Data Protection Board.
The draft order is presented into the Legislative Information System, the deadline for the coordination is the 15th of April 2021.