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Germany: DSK publishes paper regarding monitoring tasks of monitoring bodies for codes of conduct

On November 23, 2023, the German Data Protection Conference (DSK) published a paper on the core elements of the monitoring tasks of monitoring bodies for codes of conduct. In particular, the paper noted that according to Article 40(4) of the General Data Protection Regulation (GDPR), rules of conduct must provide for procedures that enable the monitoring body to carry out the mandatory monitoring of compliance with rules of conduct. Accordingly, the DSK outlined that the paper is intended to serve as a working aid for supervisory authorities and specifies the core elements to be included in the rules of conduct.

More specifically, the paper states, among other things, that the following aspects must be stated in the codes of conduct: 

  • information about the monitoring body;
  • description of the tasks and powers of the monitoring body; and
  • description of the complaint procedure.

You can read the press release, only available in German, here.