Article 98 of the GDPR: Rules of conduct and sectoral codes
Article 98 of the GDPR explained
Article 98 authorizes the Commission to:
- Encourage the development of codes of conduct, particularly at the level of the European Union,
- Promote self-regulation in the sectors or professions concerned,
- Disseminate these codes via practical guidelines or tools to facilitate their application.
These codes can be supported by professional associations, federations or sectoral organizations. They can also be officially recognized on a European scale, particularly if they ensure an adequate level of data protection.
Why is this article important for your GDPR compliance?
THE codes of conduct sectoral allow translate the GDPR into concrete practices, adapted to business realities. They provide a useful framework for formalizing your compliance, reducing risks and promoting recognition by supervisory authorities.
How to comply with Article 98 of the GDPR?
- Identify if there is one code of conduct specific to your sector or profession.
- Analyze the requirements of this code and integrate them into your internal procedures.
- If you are a representative organization, you can participate in the development or revision of such code.
- Stay informed via publications from the Commission or the European Data Protection Board.
Examples of application of Article 98 of the GDPR
- A federation of hospitals is developing one code of conduct for the processing of health data.
- An association of marketing agencies publishes a code on data processing for prospecting purposes.
- A law firm incorporates the recommendations of a european Legal Code of Conduct in its procedures.
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