Article 41.02

A body as referred to in paragraph 1 may be accredited to monitor compliance with a code of conduct where that body has:

(a) Demonstrated its independence and expertise in relation to the subject-matter of the code to the satisfaction of the competent supervisory authority;

(b) 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;

(c) 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

(d) Demonstrated to the satisfaction of the competent supervisory authority that its tasks and duties do not result in a conflict of interests.