Article 41 Monitoring of approved codes of conduct

1. 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. Two. A body is referred to in paragraph

first of 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

in 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.

3. The competent supervisory authority shall submit the draft criteria for accreditation of a body

is referred to in paragraph one of this article to the board pursuant to the consistency mechanism

referred to in Article 63.

4. Without prejudice to the tasks and powers of the competent supervisory authority and the

provisions of Chapter 8, a body is referred to in paragraph one of

this article shall, subject to appropriate safeguards, take appropriate action in cases of

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