Ti | = | Article 41 - Monitoring of approved codes of conduct |
1.sec | = | Without prejudice to the tasks and powers of the competent {_supervisory_authority} under Articles 57 and 58, the monitoring of compliance with a code of conduct pursuant to Article 40 may be carried out by a body which has an appropriate level of expertise in relation to the subject-matter of the code and is accredited for that purpose by the competent {_supervisory_authority}. |
2.0.sec | = | A body as referred to in paragraph 1 may be accredited to monitor compliance with a code of conduct where that body has: |
2.1.sec | = | demonstrated its independence and expertise in relation to the subject-matter of the code to the satisfaction of the competent {_supervisory_authority}; |
2.2.sec | = | established procedures which allow it to assess the eligibility of {_controllers} and {_processors} concerned to apply the code, to monitor their compliance with its provisions and to periodically review its operation; |
2.3.sec | = | established procedures and structures to handle complaints about infringements of the code or the manner in which the code has been, or is being, implemented by a {_controller} or {_processor}, and to make those procedures and structures transparent to {_data_subjects} and the public; and |
2.4.sec | = | demonstrated to the satisfaction of the competent {_supervisory_authority} that its tasks and duties do not result in a conflict of interests. |
2. | = | [G/Z/ol-a/s4] |
3.sec | = | The competent {_supervisory_authority} shall submit the draft criteria for accreditation of a body as referred to in paragraph 1 of this Article to the {_Board} pursuant to the consistency mechanism referred to in Article 63. |
4.sec | = | Without prejudice to the tasks and powers of the competent {_supervisory_authority} and the provisions of Chapter VIII, a body as referred to in paragraph 1 shall, subject to appropriate safeguards, take appropriate action in cases of infringement of the code by a {_controller} or {_processor}, including suspension or exclusion of the {_controller} or {_processor} concerned from the code. It shall inform the competent {_supervisory_authority} of such actions and the reasons for taking them. |
5.sec | = | The competent {_supervisory_authority} shall revoke the accreditation of a body as referred to in paragraph 1 if the conditions for accreditation are not, or are no longer, met or where actions taken by the body infringe this Regulation. |
6.sec | = | This Article shall not apply to {_processing} carried out by public authorities and bodies. |
= | [G/Z/ol/s6] | |