Art. 5 NL accreditation requirements for GDPR code of conduct monitoring bodies

Explanatory note: The requirements below aim to ensure that the monitoring body can deliver its monitoring activities in an impartial manner, identifying situations that are likely to create a conflict of interest and taking steps to avoid them. It will be for the monitoring body to explain the approach to safeguard impartiality and to evidence the mechanisms to remove or mitigate these risks as appropriate. Examples of sources of risks to impartiality of the monitoring body could be based on ownership, governance, management, personnel, shared resources, finances, contracts, outsourcing, training, marketing and payment of sales commission. An example of a conflict of interest situation would be the case where personnel conducting audits or making decisions on behalf of a monitoring body had previously worked for any of the organisations adhering to the code. In order to avoid any conflict of interest, the personnel would declare their interest and the work would be reallocated. Requirements: The monitoring body shall have in place a documented procedure to identify, analyse, evaluate, treat, monitor and document on an ongoing basis any risks to impartiality arising from its activities. The monitoring body personnel shall undertake to comply with these requirements and to report any situation likely to create a conflict of interest. The monitoring body shall refrain from any action incompatible with its tasks and duties. The monitoring body shall choose or direct and manage its personnel. This could be demonstrated by providing evidence which includes job descriptions, personnel records, recruitment personnel resource allocations and line management arrangements. Staff can be provided by another body independent of the code. An example of staff provided by a body independent of the code would be monitoring body personnel that have been recruited by an independent external company, which provides recruitment and human resources services. The monitoring body shall ensure that it does not seek or take instructions from any person, organisation or association and shall remain free from external influence. The monitoring body shall be protected from sanctions or interference by the code owner, other relevant bodies or members of the code.

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