Here are some frequently asked questions relating to our guidance on Certification schemes in the Guide to the GDPR.
Frequently asked questions
- Is GDPR certification the same as the certificate issued by the ICO when we pay our data protection fee?
- How can we apply for GDPR certification?
- We already have data protection certification – what’s the difference between this and a GDPR scheme?
- Is the ICO going to produce a GDPR certification scheme?
- Who can develop GDPR certification schemes?
- Will GDPR certification schemes replace existing standards, for example ISO standards?
- We are already certified for ISO 27001 - can this count towards a GDPR certification?
- We currently provide a GDPR assessment product or data protection certification to organisations. Can we get this approved as an ICO-approved GDPR certification scheme?
- How will the ICO assess and approve certification criteria?
- How many certification schemes will there be?
- We are a UKAS-accredited certification body – are there any approved schemes that we can certify against?
- How can we become a certification body?
Is GDPR certification the same as the certificate issued by the ICO when we pay our data protection fee?
GDPR certification is different to the confirmation you receive when registering with the ICO as a data controller and paying your fee.
From 25 May 2018, the Data Protection (Charges and Information) Regulations 2018 requires every organisation or sole trader who processes personal information to pay a data protection fee to the ICO, unless they are exempt. The ICO keeps a register of data controllers that have registered with us.
More information about data protection fees can be found on our website.
The data protection fee team deal with enquiries in relation to this. You can contact them by emailing email@example.com or calling our helpline on 0303 123 1113.
We already have data protection certification – what’s the difference between this and a GDPR scheme?
A number of companies already offer data protection certification. Whilst they may have some value, they have not been developed in line with the requirements of Article 42 of the GDPR nor the supporting EDPB guidelines and do not therefore provide any formal certification of an organisation’s processing of personal data.
Once GDPR certification schemes have been approved by the ICO we will publish this information on our website.
The GDPR states that the ICO could create its own certification scheme and, whilst we have no specific scheme under development at present, we may consider doing so in future. Our focus at this stage is ensuring that we and UKAS have the processes and systems in place to facilitate GDPR certification.
We expect that existing standards and certification bodies will develop GDPR certification schemes in response to market needs. However, this does not exclude others from also developing schemes.
GDPR certification schemes are not intended to replace existing standards or schemes. This would only happen if the scheme or standard owner developed their existing mechanism to become a GDPR certification scheme. We anticipate that there could be different certification schemes designed to address different areas of compliance, developed by different organisations.
EDPB guidelines advise that certification scheme criteria should be ‘interoperable with other standards’. This means that other standards should be taken into account where they might apply to the processing operations being certified. Therefore, existing certification may be taken into account when undergoing an assessment for a new certification.
We currently provide a GDPR assessment product or data protection certification to organisations. Can we get this approved as an ICO-approved GDPR certification scheme?
GDPR certification is different from many data protection certification products currently available. The focus is less on the governance and management arrangements around personal data and more an in-depth assessment of the specific processing operations. Therefore the certification will cover a specific personal data processing operation or set of operations carried out by a controller or processor. For example, a bank may apply to have its online banking certified as being compliant with an appropriate scheme criteria.
The certification can be for a service but not normally the entire organisation.
If you are interested in developing a GDPR certification scheme then see our detailed guidance about what your certification scheme criteria will need to contain and to what extent your existing product meets those requirements.
The certification pages of our website contain links to the accreditation and certification guidelines issued by the European Data Protection Board which contains the certification annex on which certification criteria will be based. Any existing or proposed certification scheme would need to follow these guidelines in order to be approved as a GDPR certification scheme.
We are in the process of developing our certification scheme approval processes and hope to have more information available shortly.
EDPB guidelines have been finalised and we are at the early stages of developing our processes around certification. We don’t know at this point how many schemes may be submitted to us for approval.
A certification scheme can define its scope either generally or in relation to a specific type or area of processing. This means there could potentially be a number of different schemes that would apply to a variety of processing operations. There is in theory no limit to the number of potential schemes as long as they meet the necessary requirements and there is a clear need for their existence. It will be up to certification scheme owners to establish and explain this as part of the submission process.
As outlined in the certification guidance on our website, the UK GDPR certification framework will involve the ICO approving certification scheme criteria and UKAS accrediting certification bodies to deliver those schemes.
We are a UKAS-accredited certification body – are there any approved schemes that we can certify against?
Currently there are no ICO-approved GDPR certification schemes. Please keep an eye on our website and the Register of Certification Scheme criteria.