Section 17

Accreditation of a person as a certification provider is only valid when carried out by— the Commissioner, or the UK national accreditation body. The Commissioner may only accredit a person as a certification provider where the Commissioner— has published a statement that the Commissioner will carry out such accreditation, and has not published a notice withdrawing that statement. The UK national accreditation body may only accredit a person as a certification provider where the Commissioner— has published a statement that the body may carry out such accreditation, and has not published a notice withdrawing that statement. The publication of a notice under subsection (2)(b) or (3)(b) does not affect the validity of any accreditation carried out before its publication. Schedule 5 makes provision about reviews of, and appeals from, a decision relating to accreditation of a person as a certification provider. The UK national accreditation body may charge a reasonable fee in connection with, or incidental to, the carrying out of the body's functions under this section, Schedule 5 and Article 43 of the UK GDPR. The UK national accreditation body must provide the Secretary of State with such information relating to its functions under this section, Schedule 5 and Article 43 of the UK GDPR as the Secretary of State may reasonably require. In this section— “certification provider” means a person who issues certification for the purposes of Article 42 of the UK GDPR; “the UK national accreditation body” means the UK national accreditation body for the purposes of Article 4(1) of Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93.

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Source: legislation.gov.uk · retrieved 2026-09-04