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GDPR — Article 40

The article's text

Article 40 Codes of conduct 1. The Member States, the supervisory authorities, the Board and the Commission shall encourage the drawing up of codes of conduct intended to contribute to the proper application of this Regulation, taking account of the specific features of the various processing sectors and the specific needs of micro, small and medium-sized enterprises. features of the various processing sectors and the specific needs of micro, small and medium-sized enterprises. 2. Associations and other bodies representing categories of controllers or processors may prepare codes of conduct, or amend or extend such codes, for the purpose of specifying the application of this Regulation, such as with regard to: (a) fair and transparent processing; (b) the legitimate interests pursued by controllers in specific contexts; (c) the collection of personal data; (d) the pseudonymisation of personal data; (e) the information provided to the public and to data subjects; (f) the exercise of the rights of data subjects; (g) the information provided to, and the protection of, children, and the manner in which the consent of the holders of parental responsibility over children is to be o
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btained; (h) the measures and procedures referred to in Articles 24 and 25 and the measures to ensure security of processing referred to in Article 32; (i) the notification of personal data breaches to supervisory authorities and the communication of such personal data breaches to data subjects; (j) the transfer of personal data to third countries or international organisations; or (k) out-of-court proceedings and other dispute resolution procedures for resolving disputes between controllers and data subjects with regard to processing, without prejudice to the rights of data subjects pursuant to Articles 77 and 79. subjects with regard to processing, without prejudice to the rights of data subjects pursuant to Articles 77 and 79. 3. In addition to adherence by controllers or processors subject to this Regulation, codes of conduct approved pursuant to paragraph 5 of this Article and having general validity pursuant to paragraph 9 of this Article may also be adhered to by controllers or processors that are not subject to this Regulation pursuant to Article 3 in order to provide appropriate safeguards within the framework of personal data transfers to third countries or international organisations under the terms referred to in point (e) of Article 46(2). Such controllers or processors shall make binding and enforceable commitments, via contractual or other legally binding instruments, to apply those appropriate safeguards including with regard to the rights of data subjects. binding instruments, to apply those appropriate safeguards including with regard to the rights of data subjects. 4. A code of conduct referred to in paragraph 2 of this Article shall contain mechanisms which enable the body referred to in Article 41(1) to carry out the mandatory monitoring of compliance with its provisions by the controllers or processors which undertake to apply it, without prejudice to the tasks and powers of supervisory authorities competent pursuant to Article 55 or 56. apply it, without prejudice to the tasks and powers of supervisory authorities competent pursuant to Article 55 or 56. 5. Associations and other bodies referred to in paragraph 2 of this Article which intend to prepare a code of conduct or to amend or extend an existing code shall submit the draft code, amendment or extension to the supervisory authority which is competent pursuant to Article 55. The supervisory authority shall provide an opinion on whether the draft code, amendment or extension complies with this Regulation and shall approve that draft code, amendment or extension if it finds that it provides sufficient appropriate safeguards. shall approve that draft code, amendment or extension if it finds that it provides sufficient appropriate safeguards. 6. Where the draft code, or amendment or extension is approved in accordance with paragraph 5, and where the code of conduct concerned does not relate to processing activities in several Member States, the supervisory authority shall register and publish the code. 7. Where a draft code of conduct relates to processing activities in several Member States, the supervisory authority which is competent pursuant to Article 55 shall, before approving the draft code, amendment or extension, submit it in the procedure referred to in Article 63 to the Board which shall provide an opinion on whether the draft code, amendment or extension complies with this Regulation or, in the situation referred to in paragraph 3 of this Article, provides appropriate safeguards. with this Regulation or, in the situation referred to in paragraph 3 of this Article, provides appropriate safeguards. 8. Where the opinion referred to in paragraph 7 confirms that the draft code, amendment or extension complies with this Regulation, or, in the situation referred to in paragraph 3, provides appropriate safeguards, the Board shall submit its opinion to the Commission. 9. The Commission may, by way of implementing acts, decide that the approved code of conduct, amendment or extension submitted to it pursuant to paragraph 8 of this Article have general validity within the Union. Those implementing acts shall be adopted in accordance with the examination procedure set out in Article 93(2). 10. The Commission shall ensure appropriate publicity for the approved codes which have been decided as having general validity in accordance with paragraph 9. publicity for the approved codes which have been decided as having general validity in accordance with paragraph 9. 11. The Board shall collate all approved codes of conduct, amendments and extensions in a register and shall make them publicly available by way of appropriate means.

Who wrote about this article in the consultations

Filers who named this exact article number in their own text. It is their sentence, not our reading — and not a causal claim.

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business association
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company
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other
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NGO
WhoCountryWhat they wrote
Bitkom e.V.DEbodies optional, aligning with the objective of encouraging code development outlined in Article 40(1) of the GDPR. 21 13. Certification, including as a tool for international transfers a. Do you consider that adequate use is made of certifications? The GDPR a
Selbstregulierung Informationswirtschaft e.V. (SRIW)DEE.g. Codes of Conduct require a general validity involving the European Commission (see Art. 40.3 GDPR, Art. 40.5 to 40.9 GDPR), whereas Certifications do not require such additional step (see Art. 42.3 and 42.5 GDPR). Differences in the approach could be argu
SCOPE EuropeBErelevant entities in the direction of encouraging the drawing up of codes of conduct – as defined in Article 40 GDPR. On a final note, once the work on the report is concluded and the Commission is able to assess the state of play of codes of conduct across th
BDI e.V. (Federation of German Industries)DEg ROM II Regulation (EC) 864/2007. This means that only the national laws for international private law apply, e.g.: - in Germany Art 40, Art 41 EGBGB - in Austria national codification of international private law in the IPRG: compare § 5, § 48 IPRG. b) Admin
ESOMARNLalization of such tools is still facing procedural obstacles. Further streamlining of approval and accreditation procedures under Article 40 and 41 GDPR is highly welcomed in that area and recommended to be taken into consideration in the in view of the 2024 G
MyData-TRUSTBEfications, marks and seals a. Do you consider that adequate use is made of codes of conduct? The use of the tool foreseen by GDPR article 40 is sub-optimal because of the length and complexity of the development pathway.
Insurance EuropeBEinclude industry-related specifications, create legal certainty for users and facilitate the work of the supervisory authorities. Article 40(1) GDPR therefore rightly specifies the legislators’ objective to encourage the drawing up of codes of conduct. There a
European Tech AllianceBElike encouraging the creation and adoption of codes of conduct as outlined in Article 40 of the GDPR. These codes could clarify how the GDPR applies within specific industries. Although these codes hold the potential to significantly enhance compliance, their
AUSTRIAN FEDERAL ECONOMIC CHAMBERATfor international transfers a. Do you consider that adequate use is made of codes of conduct? Codes of conduct in accordance with Article 40 of the GDPR would be a bright success if they were approved more quickly and if there were no need to set up a monitori
Anonos Inc.US9(1).” b. Pseudonymization helps to satisfy Article 35(8) creation of and adherence to “approved codes of conduct referred to in Article 40 by the relevant controllers or processors shall be taken into due account in assessing the impact of the processing ope
SCOPE EuropeBEwhen it comes to the approval process of transnational Codes of Conduct in accordance with Article 40.5 GDPR. As organizations involved in the approval process of several Codes of Conduct, we have encountered varying interpretations by data protection supervis
Selbstregulierung Informationswirtschaft e.V.DEection supervisory authorities, particularly in the context of transnational Codes of Conduct. 5 Streamlining of procedures under Article 40 and 41 GDPR Given that those tools provide a significant added value when it comes to supporting GDPR enforce- ment, we
Bitkom e.V.DEetermine the competent DPA is required when it comes to the approval process of transnational Codes of Conduct in accordance with Article 40.5 GDPR. Experience has shown varying interpretations by DPAs when it comes to factors that determine their competence.
David BARNARD-WILLSGBheltenham, 2013. 113 Galetta, Kloza & De Hert, op. cit., April 2016, p. 52. 114 Ibid, p. 61. General recommendations 34 Resources Article 40(k) GDPR on codes of conduct provides the potential for “[o]ut of court proceedings and other dispute resolution procedu
SRIW & SCOPE EuropeDEto Art. 46.2 (e) in conjunction with Art. 40 GDPR can be a crucial, robust but innovation-friendly transfer mechanism. Codes of conduct can be developed by industries themselves, making it possible to in- troduce modern business practices and giving the flexib
IAB EuropeBEta subjects, since they clarify how the GDPR can be applied with regard to the particular features of a given industry or sector. Art. 40 GDPR encourages Member States, DPAs, the EDPB and the Commission to promote the drawing up of codes of conduct, contributi
COCIRBEguidelines and other suitable means to meet this need. For instance, drafting sector-specific codes of conduct in accordance with Article 40 of the GDPR could be a suitable way to contribute to the proper application of the GDPR. Such codes of conduct could pa
lculation of the 72- hour period.“ 5. The drawing up and the application of codes of conduct should be further encouraged un- der Art. 40 and 41 GDPR. The EDPB should support with a practical interpretation of the GDPR. a) Request: We strongly support the idea
Gesamtverband der Deutschen Versicherungswirtschaft e.V.DE9 (para. 60), the EDPB states that a monitoring body must be identified for codes of conduct to be approved within the meaning of Article 40 GDPR, whereas Arti- cle 41(1) GDPR explicitly includes an optional provision (“may” clause) in this context.  In its G
ESOMARNLnstrumental to safeguard such trust. As a sector, we are also actively exploring the opportunity offered by GDPR and specifically Article 40 to develop a robust GDPR Research Code that provides specific guidance on GDPR compliance requirements for market, opin
Centre for Information Policy Leadership (CIPL)GBsubstantive overlap such as the APEC CBPR. The EDPB and DPAs should continue the work initiated by the Article 29 WP and APEC.19 Article 40 GDPR Codes of Conducts should similarly be available as soon as feasible and, importantly, the conditions for their app
EFAMROBErd (EDPB)? • What is the binding mechanism of a Code of Conduct to processor who is not party to it? • Can the Commission clarify Art 40.9 and how “implementing acts” will be adopted and with which effect? • How will the interaction between national and transn

Source: public consultation submissions and position papers. n = 22 mentions; counted as a literal reference to the article number.

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