Monitoring body
The monitoring of compliance with a code of conduct 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 President of the Personal Data Protection Office. A body may be accredited if it has:
- demonstrated its independence and expertise in relation to the subject-matter of the code;
- established procedures which allow it to assess the eligibility of signatories concerned to apply the code, to monitor their compliance with its provisions and to periodically review its operation;
- established procedures and structures to handle complaints about infringements of the code or the manner in which the code has been, or is being, implemented, and to make those procedures and structures transparent to data subjects and the public;
- demonstrated to the satisfaction of the President of the Office that its tasks and duties do not result in a conflict of interests.
The monitoring body shall take appropriate action provided in the code in cases of infringement of the provisions of the code by a signatory, including suspension or exclusion of the signatory from the code. It shall inform the President of the Office of such actions and the reasons for taking them.
The activity of the monitoring body does not affect the performance of the tasks and powers by the President of the Office.
The monitoring body is not required in case of codes regulating data processing carried out by public authorities and bodies (public finance sector units and research institutes) exclusively.
