Art. 2 NL accreditation requirements for GDPR code of conduct monitoring bodies

Explanatory note: The requirements below aim to ensure that the monitoring body possesses adequate competencies to undertake effective monitoring of a code. More detailed expertise requirements will be defined in the relevant code itself. Code specific requirements will be dependent upon such factors as: the size of the sector concerned, the different interests involved and the risks of the processing activities. These code specific requirements will be considered as part of the accreditation. In order for a monitoring body to meet the expertise requirements, it will need to demonstrate that its personnel have the required knowledge and experience in relation to the sector, processing activity, data protection legislation and auditing, in order to carry out compliance monitoring in an effective manner. This could be demonstrated to the AP with evidence that includes: personnel job descriptions, specification requirements, qualifications, required or relevant experience, published reports etc. Requirements: The monitoring body shall demonstrate that it has an in-depth understanding, knowledge and experience in relation to the specific data processing activities in relation to the code. Evidence as to whether it has recognised expertise may include its status as a recognised and traceable professional standards body, internal committee, trade association, interest group, federation, society or sectoral, legal, audit body or similar. The monitoring body shall ensure that personnel conducting its monitoring functions or making decisions on behalf of the monitoring body have in-depth sectoral and data protection expertise and operational experience, training and qualifications such as previous experience in auditing, monitoring or quality assurance. The monitoring body shall demonstrate that it meets the expertise requirements in 2.1 and 2.2 above and also the relevant expertise requirements as defined in the code of conduct. Expertise may be demonstrated for example by submitting evidence of adequately trained, educated and experienced staff in these domains. For example through the means of a diploma, certification and a proof of experience.

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