/Docs/G/EU-GDPR-Law-CmA/Sec/Article/40.md
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Ti = Article 40 - Codes of conduct
1.sec = 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.
2.0.sec = 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:
2.1.sec = fair and transparent {_processing};
2.2.sec = the legitimate interests pursued by {_controllers} in specific contexts;
2.3.sec = the collection of {_personal_data};
2.4.sec = the {_pseudonymisation} of {_personal_data};
2.5.sec = the information provided to the public and to {_data_subjects};
2.6.sec = the exercise of the rights of {_data_subjects};
2.7.sec = 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 obtained;
2.8.sec = the measures and procedures referred to in Articles 24 and 25 and the measures to ensure security of {_processing} referred to in Article 32;
2.9.sec = the notification of {_personal_data_breaches} to {_supervisory_authorities} and the communication of such {_personal_data_breaches} to {_data_subjects};
2.10.sec = the transfer of {_personal_data} to third countries or {_international_organisations}; or
2.11.sec = 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.
2. = [G/Z/ol-a/s11]
3.sec = 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}.
4.sec = 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.
5.sec = 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.
6.sec = 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.sec = 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, provides appropriate safeguards.
8.sec = 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.sec = 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 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.sec = The Commission shall ensure appropriate publicity for the approved codes which have been decided as having general validity in accordance with paragraph 9.
11.sec = 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.
= [G/Z/ol/s11]