Overview

ISO 27701 was developed with GDPR in mind. The standard includes Annex D, which provides a detailed mapping between ISO 27701 requirements and GDPR articles. However, understanding what certification demonstrates—and what it doesn't—is essential for organizations using ISO 27701 as part of their GDPR compliance strategy.

Key Point

ISO 27701 certification demonstrates that you have implemented privacy management controls that support GDPR compliance. It does not guarantee full GDPR compliance, which requires legal, organizational, and operational elements beyond what any certification can verify.

GDPR to ISO 27701 Mapping

ISO 27701 Annex D maps the standard's requirements to GDPR articles:

GDPR Article Topic ISO 27701 Coverage
Art. 5 Processing Principles Clause 7.2 (controllers)
Art. 6 Lawful Basis Clause 7.2.2
Art. 7 Consent Clauses 7.2.3, 7.2.4
Art. 12-23 Data Subject Rights Clause 7.3
Art. 24 Controller Responsibilities Clause 5 (PIMS requirements)
Art. 25 Privacy by Design/Default Clause 7.4
Art. 28 Processor Requirements Clause 8
Art. 30 Records of Processing Clauses 7.2.8, 8.2.6
Art. 32 Security of Processing Clause 6 + ISO 27001
Art. 33-34 Breach Notification Clause 6.13
Art. 35 DPIA Clause 7.2.5
Art. 44-49 International Transfers Clause 7.5

What Certification Demonstrates

ISO 27701 certification provides audited evidence that you have:

Implemented Privacy Management Controls

  • Documented privacy policy and objectives
  • Privacy risk assessment process
  • Privacy-specific controls for your controller/processor role
  • Privacy by design integration
  • Data subject rights handling procedures

Established Governance

  • Management commitment to privacy
  • Defined privacy roles and responsibilities
  • Privacy awareness and training
  • Internal audit covering privacy
  • Management review of privacy performance

Operational Privacy Practices

  • PII inventory and data mapping
  • Processing records maintenance
  • Third-party privacy management
  • Privacy incident handling
  • Continual improvement of privacy practices

When data protection authorities or customers ask "How do you ensure privacy?", ISO 27701 certification provides independently audited evidence rather than just your own assertions.

What It Doesn't Replace

ISO 27701 certification does not substitute for:

Legal Determinations

  • Lawful basis: You must still determine valid legal bases for processing (consent, contract, legitimate interest, etc.)
  • Regulatory scope: Whether GDPR applies to your processing is a legal question
  • Transfer mechanisms: Legal validity of transfer arrangements (SCCs, adequacy, etc.)
  • DPIA decisions: Whether specific processing requires DPIA and the outcome

Organizational Requirements

  • DPO appointment: Whether you need a DPO is a regulatory determination
  • EU representative: Non-EU organizations may need an EU representative
  • Supervisory authority registration: Some jurisdictions require registration

Specific Content

  • Privacy notice accuracy: Certification confirms you have notices, not that content is legally accurate
  • Contract clauses: DPA terms need legal review beyond certification scope
  • Consent validity: Whether consent meets GDPR requirements (freely given, specific, informed, unambiguous)
Important Distinction

ISO 27701 certifies that you have processes for handling lawful basis, consent, transfers, etc. It doesn't certify that your specific legal determinations are correct. You still need legal expertise for those decisions.

Supporting Accountability

GDPR Article 5(2) requires controllers to "be able to demonstrate" compliance. ISO 27701 certification supports accountability by providing:

Independent Verification

A third-party certification body has verified your privacy management system against an international standard. This carries more weight than self-declarations.

Documented Evidence

The certification process requires documented evidence of:

  • Policies and procedures
  • Processing records
  • Risk assessments
  • Control implementation
  • Internal audits
  • Management reviews

Continuous Monitoring

Annual surveillance audits ensure ongoing compliance, not just point-in-time certification.

Recognized Framework

ISO 27701 is referenced in GDPR guidance from several European data protection authorities as a means of demonstrating appropriate technical and organizational measures.

Practical Considerations

Using Certification in DPA Relationships

When negotiating with controllers (as a processor):

  • Reference ISO 27701 certification in data processing agreements
  • Provide certificate as evidence of security measures (Art. 32)
  • Reduce questionnaire burden by pointing to audited controls
  • Demonstrate ability to assist with controller obligations (Art. 28)

Responding to DPA Inquiries

If a data protection authority investigates:

  • Certification demonstrates proactive compliance effort
  • Audit records show ongoing monitoring
  • May favorably influence enforcement decisions
  • Not a defense if actual violations occurred

Complementary Measures

Alongside ISO 27701 certification:

  • Engage privacy legal counsel for regulatory interpretations
  • Conduct legal review of privacy notices and contracts
  • Perform DPIAs for high-risk processing
  • Maintain relationship with relevant supervisory authorities
  • Stay current on regulatory guidance and enforcement trends
ISO 27701 GDPR Privacy