# Article 41 of the GDPR (General Data Protection Regulation).

- Type: News
- Source: GDPRhub
- Date: 2026-01-05
- Canonical: https://overview.legal/posts/51996
- Topics: Supervisory Authorities, Human Resources, Supervision, Codes of Conduct, Law Enforcement, Profiling, Pseudonymization

## Summary

(a) Demonstrable independence and expertise (a) Demonstrable independence and expertise (a) Demonstrable independence and expertise It is clear from Article 41(1) of the GDPR that the supervisory authority must possess a "suitable level of expertise" in the area to which the code of conduct applies, with the aim of ensuring effective compliance. This is also a requirement of the process described in Article 41(2)(a) of the GDPR, according to which the supervisory authority "may be..."

## Full text

(a) Demonstrable independence and expertise (a) Demonstrable independence and expertise. (a) Demonstrable independence and expertise It is clear from Article 41(1) of the GDPR that the authority must possess a "suitable level of expertise" in the area where the code of conduct aims to ensure effective compliance. This is also a requirement of the process specified in Article 41(2)(a) of the GDPR, according to which the supervisory authority "may be accredited [...] if that authority: (a) has demonstrated its independence and expertise." The threshold for this level of expertise is: "to the satisfaction of the competent supervisory authority." Therefore, differences may exist between Member States. However, the EDPB (European Data Protection Board) provides some guidance on what this entails. For example, the EDPB clarifies that the supervisory authority must demonstrate knowledge and experience in the relevant sector. --- *This content has been automatically translated using machine translation. The original version is available in the source language.* --- *This content was automatically translated using machine translation. The original version is available in the source language.*

## Cited law provisions (3)

### GDPR — gdpr-art-41-par-1-en

Without prejudice to the tasks and powers of the competent supervisory authority under Articles 57 and 58, the monitoring of compliance with a code of conduct pursuant to Article 40 may be carried out by a body which has an appropriate level of expertise in relation to the subject-matter of the code and is accredited for that purpose by the competent supervisory authority.

### GDPR — gdpr-art-41-par-2-pnt-a-en

demonstrated its independence and expertise in relation to the subject-matter of the code to the satisfaction of the competent supervisory authority;

### GDPR — gdpr-art-41-en

Monitoring of approved codes of conduct

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Generated by overview.legal · https://overview.legal/posts/51996 · 2026-08-22