Article 41 of the GDPR: Monitoring of Codes of Conduct

29 juil 2025 · By Bertrand Bucelle · 1 min read

Article 41 of the GDPR Explained

A code of conduct, to be implemented, may provide for a monitoring mechanism entrusted to a third-party body. This body must:

Be accredited by the supervisory authority (such as the French supervisory authority);
Be independent and competent in the relevant field;
Offer adequate guarantees regarding procedures, impartiality, and transparency.

It is responsible for monitoring the application of the code, processing complaints, and evaluating the compliance of its members.

Why is this article important for your GDPR compliance?

Regulated oversight of codes of conduct ensures their **credibility** and **effectiveness**. By adhering to a code verified by an accredited body, you benefit from a **regulatory safeguard** and enhanced support.

How to Comply with GDPR Article 41?

Identify existing codes of conduct that include a validated monitoring mechanism;
Ensure that the responsible body is accredited by the French supervisory authority or the EDPB;
Comply with the requirements of the code and submit to controls;
Document your adherence and your compliance efforts.

Application Examples of GDPR Article 41

An e-commerce federation implements a code of conduct monitored by an independent body;
A cloud service provider adheres to a sector-specific code supervised by an accredited body;
A healthcare provider follows a GDPR framework controlled by a group certified by the French supervisory authority.

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