# Monitoring of approved codes of conduct 41(2) — GDPR — provision context

> Focused context for a single provision (41(2)), curated from overview.legal on 2026-07-17. Canonical: https://overview.legal/laws/gdpr/art-41#par-2
> Verify against the official text (EUR-Lex / wetten.overheid.nl) before relying on it.

Part of **Monitoring of approved codes of conduct** (GDPR, full article: https://overview.legal/laws/gdpr/art-41).

## Provision text

### 41(2)

A body as referred to in paragraph 1 may be accredited to monitor compliance with a code of conduct where that body has:

a) demonstrated its independence and expertise in relation to the subject-matter of the code to the satisfaction of the competent supervisory authority;
b) established procedures which allow it to assess the eligibility of controllers and processors concerned to apply the code, to monitor their compliance with its provisions and to periodically review its operation;
c) established procedures and structures to handle complaints about infringements of the code or the manner in which the code has been, or is being, implemented by a controller or processor, and to make those procedures and structures transparent to data subjects and the public; and
d) demonstrated to the satisfaction of the competent supervisory authority that its tasks and duties do not result in a conflict of interests.

## Topics on this provision

- **Codes of Conduct** — https://overview.legal/topics/codes-of-conduct
  Industry codes of conduct for data protection

## Cited by (exact-provision citations)

- **Guidelines 03/2021 on the application of Article 65(1)(a) GDPR** (guidance) — https://overview.legal/posts/38137
- **Guidelines 1/2019 on Codes of Conduct and Monitoring Bodies under Regulation 2016/679** (guidance) — https://overview.legal/posts/38051

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Generated by overview.legal · https://overview.legal/laws/gdpr/art-41#par-2 · 2026-07-17