Counsel explores an approved code of conduct or certification mechanism, paired with binding enforceable commitments, to support transfers to a non-adequate recipient. How should that option be characterised?
Select an answer to reveal the explanation.
Short Explanation
Think of approved codes and certifications as another approved toolkit drawer for transfers—but only when the recipient is actually bound in a way people can enforce. A random wall plaque is not enough. Done right, they sit alongside SCCs and BCRs as possible Article 46-style pathways.
Full Explanation
Articles 46(2)(e)–(f) recognise approved codes of conduct and approved certification mechanisms as potential appropriate safeguards for transfers when combined with binding and enforceable commitments by the controller or processor in the third country. Ordinary commercial certificates without those GDPR-specific elements do not unlock transfers. Transfer tools do not replace the need for a lawful basis under Article 6 for the underlying processing.