Rina Steenkamp - Privacy and technology
Chapter IV Controller and processor
Section 5 Codes of conduct and certification
1. The Member States, the supervisory authorities and the Commission shall encourage the drawing up of codes of conduct or the adoption of codes of conduct drawn up by a supervisory authority intended to contribute to the proper application of this Regulation, taking account of the specific features of the various data processing sectors, in particular in relation to:
2. Associations and other bodies representing categories of controllers or processors in one Member State which intend to draw up codes of conduct or to amend or extend existing codes of conduct may submit them to an opinion of the supervisory authority in that Member State. The supervisory authority shall without undue delay give an opinion in whether the processing under the draft code of conduct or the amendment is in compliance with this Regulation. The supervisory authority shall seek the views of data subjects or their representatives on these drafts.
3. Associations and other bodies representing categories of controllers or processors in several Member States may submit draft codes of conduct and amendments or extensions to existing codes of conduct to the Commission.
4. The Commission shall be empowered to adopt, after requesting an opinion of the European Data Protection Board, delegated acts in accordance with Article 86 for deciding that the codes of conduct and amendments or extensions to existing codes of conduct submitted to it pursuant to paragraph 3 are in line with this Regulation and have general validity within the Union. This delegated act shall confer enforceable rights on data subjects.
5. The Commission shall ensure appropriate publicity for the codes which have been decided as having general validity in accordance with paragraph 4.
[Source: October 2013]
(76) Associations or other bodies representing categories of controllers should be encouraged, after consultation of the representatives of the employees, to draw up codes of conduct, within the limits of this Regulation, so as to facilitate the effective application of this Regulation, taking account of the specific characteristics of the processing carried out in certain sectors. Such codes should make compliance with this Regulation easier for industry.
[Source: October 2013 | Notes: Recitals | Context: Recitals]
Article 38 concerns codes of conduct, building on the concept of Article 27(1) of Directive 95/46/EC, clarifying the content of the codes and the procedures and providing for the empowerment of the Commission to decide on the general validity of codes of conduct.
[Source: January 2012 | Context: Proposal from the European Commission]
1. The Member States, the supervisory authorities 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 data processing sectors, in particular in relation to:
2. Associations and other bodies representing categories of controllers or processors in one Member State which intend to draw up codes of conduct or to amend or extendAssociations and other bodies representing categories of controllers or processors in one Member State which intend to draw up codes of conduct or to amend or extend existing codes of conduct may submit them to an opinion of the supervisory authority in that Member State. The supervisory authority may give an opinion whether the draft code of conduct or the amendment is in compliance with this Regulation. The supervisory authority shall seek the views of data subjects or their representatives on these drafts.
3. Associations and other bodies representing categories of controllers in several Member States may submit draft codes of conduct and amendments or extensions to existing codes of conduct to the Commission.
4. The Commission may adopt implementing acts for deciding that the codes of conduct and amendments or extensions to existing codes of conduct submitted to it pursuant to paragraph 3 have general validity within the Union. Those implementing acts shall be adopted in accordance with the examination procedure set out in Article 87(2).
5. The Commission shall ensure appropriate publicity for the codes which have been decided as having general validity in accordance with paragraph 4.
[Source: January 2012 | Context: Proposal from the European Commission]
(76) Associations or other bodies representing categories of controllers should be encouraged to draw up codes of conduct, within the limits of this Regulation, so as to facilitate the effective application of this Regulation, taking account of the specific characteristics of the processing carried out in certain sectors.
[Source: January 2012 | Notes: Recitals | Context: Proposal from the European Commission, Recitals]
| General Data Protection Regulation: | Directive 95/46/EC: |
|---|---|
| Article 38(1) | Article 27(1) |
| Article 38(2) | Article 27(2) |
| Article 38(3) | Article 27(3) |
| Article 38(4) | Article 27(3) |
| Article 38(5) | Article 27(3) |
1. The Member States and the Commission shall encourage the drawing up of codes of conduct intended to contribute to the proper implementation of the national provisions adopted by the Member States pursuant to this Directive, taking account of the specific features of the various sectors.
2. Member States shall make provision for trade associations and other bodies representing other categories of controllers which have drawn up draft national codes or which have the intention of amending or extending existing national codes to be able to submit them to the opinion of the national authority.
Member States shall make provision for this authority to ascertain, among other things, whether the drafts submitted to it are in accordance with the national provisions adopted pursuant to this Directive. If it sees fit, the authority shall seek the views of data subjects or their representatives.
3. Draft Community codes, and amendments or extensions to existing Community codes, may be submitted to the Working Party referred to in Article 29. This Working Party shall determine, among other things, whether the drafts submitted to it are in accordance with the national provisions adopted pursuant to this Directive. If it sees fit, the authority shall seek the views of data subjects or their representatives. The Commission may ensure appropriate publicity for the codes which have been approved by the Working Party.