Here are some frequently asked questions relating to our guidance on Certification schemes in the Guide to the UK GDPR.
Frequently asked questions
- Is UK GDPR certification the same as the certificate issued by the ICO when we pay our data protection fee?
- How can we apply for UK GDPR certification?
- We already have data protection certification – what’s the difference between this and a UK GDPR scheme?
- Is the ICO going to produce a UK GDPR certification scheme?
- Who can develop UK GDPR certification schemes?
- Will UK GDPR certification schemes replace existing standards, for example ISO standards?
- We are already certified for ISO 27001 - can this count towards a UK GDPR certification?
- We currently provide a UK GDPR assessment product or data protection certification to organisations. Can we get this approved as a UK 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 UK GDPR certification the same as the certificate issued by the ICO when we pay our data protection fee?
UK 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 protected] or calling our helpline on 0303 123 1113.
We already have data protection certification – what’s the difference between this and a UK 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 UK GDPR and do not therefore provide any formal certification of an organisation’s processing of personal data.
When UK GDPR certification schemes are approved by the ICO the details are published on our website.
The UK 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 UK GDPR certification.
We expect that existing standards and certification bodies will develop UK GDPR certification schemes in response to market needs. However, this does not exclude others from also developing schemes.
UK 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 UK GDPR certification scheme. We anticipate that there could be different certification schemes designed to address different areas of compliance, developed by different organisations.
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 considered when undergoing an assessment for a new certification.
However, it is important to note ISO 27001, ISO 27701, BS10012 are all management systems which focus on policies and procedures. Whilst having policies and procedures in place is important, it is vital that they are implemented effectively. UK GDPR certification focusses on the processing operations and whether an organisation’s processing of personal data complies with the UK GDPR.
We currently provide a UK GDPR assessment product or data protection certification to organisations. Can we get this approved as an ICO-approved UK GDPR certification scheme?
UK 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 appropriate scheme criteria.
The certification can be for a service but not normally the entire organisation.
If you are interested in developing a UK 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 detailed certification guidance of our website outlines how the ICO assess and approve certification criteria.
We don’t know at this point how many schemes may be submitted to us for approval. We have approved the first UK GDPR certification scheme criteria and are working with a number of organisations who are in the process of developing further schemes.
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 involves 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?
We have approved the first UK GDPR certification scheme criteria and are working with a number of organisations who are in the process of developing further schemes. Please keep an eye on our website and the Register of Certification Scheme criteria for developments in this area.
UKAS are informed when criteria are approved so they may also be able to assist.