Certifying compliance with the GDPR is already a reality

The adoption of the General Data Protection Regulation (GDPR) ten years ago has made compliance with data protection regulations a priority for organizations and a basic requirement to operate in the market. However, one of its most significant innovations has received, so far, little attention: the certification mechanisms established in Articles 42 and 43 of the Regulation.

But first, what are the certification mechanisms in data protection? As the Regulation establishes, certification mechanisms are advanced compliance tools that allow verifying that one or more processing operations, carried out by a data controller or a data processor, meet the obligations set out in the GDPR; this means that certification can be granted for a specific data processing operation or for a product or service in which personal data is used.

The data processing certification mechanisms represent a truly innovative —and, to some extent, "revolutionary"— system introduced for the first time by the GDPR, to give regulatory compliance a verifiable dimension. They are not just commercial approval seals, nor voluntary audits without legal basis; rather, they are a genuine tool that allows for demonstrating compliance with regulations in a structured and verifiable manner, with advantages foreseen by the Regulation itself, all with the official recognition of the European Data Protection Board (EDPB).

Advantages and benefits of certification

The certification mechanisms offer legal and operational advantages expressly provided for by the GDPR itself. Firstly, possessing a certification can serve as a mitigating factor in determining sanctions, according to Article 83 of the GDPR. Secondly, it allows organizations to demonstrate compliance with the principle of proactive responsibility established in Article 24, of privacy by design and by default as established in Article 25, and of security obligations relating to processing set out in Article 32.

The certification mechanisms are also of particular interest in data processor contracting processes. In this sense, they help strengthen the position of data processors by demonstrating that they have adequate security measures in accordance with Article 28 of the GDPR, which streamlines approval processes with data controllers. In turn, they allow data controllers to demonstrate that they have selected data processors that provide adequate guarantees for the processing of personal data in accordance with the GDPR.

Approved certification mechanisms: special reference to Europrivacy

Among the mechanisms approved so far by the EDPB, Europrivacy holds a prominent position. This mechanism allows for the certification of specific processing operations carried out by both data controllers and data processors. It is important to highlight that Europrivacy does not certify 'the company' in the abstract, but rather specific processing operations: a digital service, a platform, a human resources process, an artificial intelligence solution, or any other activity involving the processing of personal data.

The implementation of the Europrivacy certification scheme revolves around three key roles: firstly, the scheme owner, which is the European Centre for Certification and Privacy, responsible for defining and maintaining the certification criteria. Secondly, the implementing entity, the only entity accredited by the ECCP to assist organizations in implementing the system. And finally, the certification body, which carries out independent evaluation and, where appropriate, issues the certificate.

The evolution of Europrivacy in recent years has also been significant. Its first version was approved by the EDPB in 2022 as the European Data Protection Seal. Subsequently, in April 2026, the EDPB approved, via Opinion 14/2026, an updated version (version 82) that broadened its scope. The main novelty is that it now also allows for the certification of data controllers and processors located outside the European Economic Area when they are subject to the GDPR in accordance with Article 3.2.

Moreover, Europrivacy has made a particularly significant step forward in the field of international data transfers. Also in April 2026, through Opinion 15/2026, the EDPS approved an extension of the system so that it can be used as a transfer mechanism in accordance with Article 46 of the GDPR. This allows for the transfer of personal data to recipients located in countries outside the European Economic Area (EEA) based on the Europrivacy certification mechanism, provided that certain specific requirements are met. These requirements include, in particular, the existence of a binding and enforceable agreement between the data exporter and the data importer; a clear correspondence of the transfers and data flows; conducting a data transfer impact assessment; and a detailed analysis of the legislation and practices of the importing country, including its potential impact on the rights of data subjects.

A growing reality

The certification mechanisms continue to be an evolving reality, but their direction is clear. All indications suggest that in the coming years they will play a fundamental role in the governance of data protection, particularly in the appointment of data processors, in critical processing operations that involve, for example, the use of artificial intelligence systems, and as a tool to carry out data transfers outside the EEA. Therefore, it is expected that they will spread rapidly, as they meet a clear need: to simplify, objectify, and standardize regulatory compliance in an increasingly complex digital market.

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