⚙️ The GDPR recognizes 4 main instruments that can be used to provide appropriate safeguards and demonstrate compliance: Certification, Codes of Conduct (CC), Binding Corporate Rules (BCR), and Standard Contractual Clauses (SCC).
Each mechanism offers a different balance between flexibility, reliability, and implementation effort. Here’s how they compare 👇
✅ 𝐃𝐚𝐭𝐚 𝐩𝐫𝐨𝐭𝐞𝐜𝐭𝐢𝐨𝐧 𝐛𝐲 𝐝𝐞𝐬𝐢𝐠𝐧 𝐚𝐧𝐝 𝐛𝐲 𝐝𝐞𝐟𝐚𝐮𝐥𝐭 (Art. 25): Certification is the only instrument recognized by Art. 25 GDPR to demonstrate compliance with this requirement.
✅ 𝐀𝐝𝐞𝐪𝐮𝐚𝐜𝐲 𝐨𝐟 𝐃𝐚𝐭𝐚 𝐂𝐨𝐧𝐭𝐫𝐨𝐥𝐥𝐞𝐫𝐬 𝐚𝐧𝐝 𝐏𝐫𝐨𝐜𝐞𝐬𝐬𝐨𝐫𝐬 (Art. 24 & 28): Certification and Codes of Conduct are the only two instruments mentioned to evidence adequacy. They help organizations demonstrate accountability and reduce liability risks.
✅ 𝐒𝐞𝐜𝐮𝐫𝐢𝐭𝐲 𝐦𝐞𝐚𝐬𝐮𝐫𝐞𝐬 (Art. 32): Certification and Codes of Conduct are again recognized as the only valid means to ensure compliance with security requirements.
✅ 𝐈𝐦𝐩𝐚𝐜𝐭 𝐨𝐧 𝐚𝐝𝐦𝐢𝐧𝐢𝐬𝐭𝐫𝐚𝐭𝐢𝐯𝐞 𝐟𝐢𝐧𝐞𝐬: Art. 83 GDPR mentions that in case of fine determination for non-compliance, due regard will be given to Certification and Codes of Conduct. Beyond reducing risk exposure, they show genuine commitment to GDPR compliance.
✅ 𝐀𝐯𝐚𝐢𝐥𝐚𝐛𝐢𝐥𝐢𝐭𝐲 𝐚𝐧𝐝 𝐞𝐟𝐟𝐨𝐫𝐭: Approved certification schemes such as Europrivacy and SCCs are ready to use. By contrast, Codes of Conduct and BCRs may require years of preparation and approval, and BCRs are limited to entities within the same company group.
✅ 𝐔𝐧𝐢𝐯𝐞𝐫𝐬𝐚𝐥𝐢𝐭𝐲 𝐚𝐧𝐝 𝐚𝐝𝐚𝐩𝐭𝐚𝐛𝐢𝐥𝐢𝐭𝐲: SCCs and Europrivacy certification are industry-agnostic and can be used by any data controller or data processor. Codes of Conduct are industry-specific, while BCRs are company-specific. Certification and SCCs allow organizations to focus on their most critical processing activities first and scale compliance efficiently.
✅ 𝐑𝐞𝐥𝐢𝐚𝐛𝐢𝐥𝐢𝐭𝐲 𝐚𝐧𝐝 𝐯𝐚𝐥𝐮𝐞 𝐜𝐫𝐞𝐚𝐭𝐢𝐨𝐧: While SCCs are based on contractual commitments, no audit is performed. Whereas certification involves regular third-party audits performed by independent bodies. Certification not only ensures higher reliability, but it also turns compliance into an intangible asset that enhances corporate reputation, investor confidence, and market trust.
📊 Certification is mentioned 73 times in the GDPR (vs 36 for CC, 25 for BCR, 7 for SCC). Each one offers different benefits and levels of reliability. While SCC is easy to implement, certification results in being the most reliable instrument with many advantages. It requires some initial investment but can generate revenues and save costs, transforming compliance into a strategic advantage.
✍️ 𝗥𝗲𝗮𝗱 𝘁𝗵𝗲 𝗳𝘂𝗹𝗹 𝗮𝗻𝗮𝗹𝘆𝘀𝗶𝘀: https://www.europrivacy.org/en/ep/comparing-gdpr
We hope this analysis will help you select the best instrument(s) to address your needs.