Article 33: Subsidiaries of Notified Bodies and Subcontracting

Summary of Article 33

  • Compliance and Oversight: Notified bodies must ensure subcontractors and subsidiaries meet the requirements of Article 31, inform the notifying authority, and take full responsibility for their tasks.
  • Transparency and Records: Subcontracting or using subsidiaries requires provider agreement, with notified bodies publishing a list of subsidiaries and retaining qualification and work records for five years after subcontracting ends.

Compliance and Oversight

1. Where a notified body subcontracts specific tasks connected with the conformity assessment or has recourse to a subsidiary, it shall ensure that the subcontractor or the subsidiary meets the requirements laid down in Article 31, and shall inform the notifying authority accordingly.

2. Notified bodies shall take full responsibility for the tasks performed by any subcontractors or subsidiaries.

Transparency and Records

3. Activities may be subcontracted or carried out by a subsidiary only with the agreement of the provider. Notified bodies shall make a list of their subsidiaries publicly available.

4. The relevant documents concerning the assessment of the qualifications of the subcontractor or the subsidiary and the work carried out by them under this Regulation shall be kept at the disposal of the notifying authority for a period of five years from the termination date of the subcontracting.

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About the author
Philip Mohr

Philip Mohr

Philip Mohr, a certified AIGP, is an AI governance consultant with over a decade of expertise in product management, data governance and privacy, leading initiatives at Addtrust (addtrust.com).

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