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Art.42 GDPR

GDPR Art.42: Certification

What This Control Requires

The Member States, the supervisory authorities, the Board and the Commission shall encourage, in particular at Union level, the establishment of data protection certification mechanisms and of data protection seals and marks, for the purpose of demonstrating compliance with this Regulation of processing operations by controllers and processors. The specific needs of micro, small and medium-sized enterprises shall be taken into account.

In Plain Language

Certification gives you a formal, independently verified way to prove your data protection practices meet GDPR standards. An accredited certification body assesses your processing operations against defined criteria and, if you pass, issues a certificate that carries real weight with regulators, business partners, and customers.

The practical benefits are concrete. Certification counts as evidence of compliance under the accountability principle (Article 24(3)), supports international transfer safeguards (Article 46(2)(f)), is a mitigating factor for fines (Article 83(2)(j)), and builds trust across the board. For processors, it is especially valuable - it gives controllers confidence that you provide sufficient guarantees.

Certifications last a maximum of three years and can be revoked if conditions are no longer met. Schemes must be approved by the supervisory authority (or the EDPB for EU-wide schemes), and certification bodies must be accredited by either the supervisory authority or the national accreditation body.

How to Implement

Research which GDPR certification schemes are available and relevant to your processing. Check your national supervisory authority and the EDPB for approved schemes. Common areas include cloud services, health data processing, and general data protection management. Weigh the requirements, costs, and benefits to decide whether certification makes sense for your organisation.

Run a gap assessment against the certification criteria before you commit. Compare your current practices with what the scheme requires, identify where you fall short, and build a remediation plan with clear timelines. Even if you ultimately decide not to pursue certification, this exercise will reveal your compliance strengths and weaknesses.

Close the gaps. This might mean strengthening technical measures, writing or updating policies, improving documentation, tightening governance, or training staff. Document everything thoroughly - the certification body will need evidence of compliance, not just assertions.

Engage an accredited certification body for the formal assessment. Prepare by organising your documentation, making sure the right staff are available for interviews, and running an internal pre-assessment to catch any remaining issues. The process typically involves document review, on-site or remote assessment, and evidence verification.

After certification, keep your house in order. Monitor compliance with the certification requirements on an ongoing basis, fix non-conformities promptly, maintain current documentation, and prepare for periodic surveillance audits and the three-year renewal. Use the certification framework as a driver for continuous improvement, not just a badge to collect.

Evidence Your Auditor Will Request

  • Assessment of available and relevant GDPR certification schemes
  • Gap assessment against certification criteria with remediation plan
  • Certification certificate or evidence of certification status
  • Documentation of ongoing compliance maintenance activities
  • Surveillance audit reports and renewal assessment results

Common Mistakes

  • Treating certification as a one-time achievement rather than an ongoing commitment
  • Certification scope not covering the organisation's most significant processing activities
  • Non-conformities identified during surveillance audits not addressed promptly
  • Documentation falling out of date between certification and renewal assessments
  • Relying on certification as proof of compliance without maintaining the underlying practices

Related Controls Across Frameworks

Framework Control ID Relationship
ISO 27001 A.5.36 Related

Frequently Asked Questions

Does GDPR certification guarantee compliance?
No, and the GDPR is explicit about this. Article 42(4) states that certification does not reduce the controller's or processor's responsibility and does not limit the supervisory authority's powers. It demonstrates compliance with specific criteria at a point in time. You still need to maintain full GDPR compliance across the board.
How long does GDPR certification last?
Three years maximum, under Article 42(7). You can renew it provided you still meet the criteria. The certification can also be withdrawn at any time if conditions are no longer fulfilled, so maintaining compliance between assessments is essential.
Is ISO 27001 a GDPR certification?
No. ISO 27001 is an information security management standard that predates the GDPR and was not designed to demonstrate GDPR compliance specifically. That said, it provides strong evidence of appropriate security measures under Article 32 and pairs well with a GDPR-specific certification. A true GDPR certification must be approved under Article 42.

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