Binding Corporate Rules: a global solution for international data transfers
Proust, Olivier; Bartoli, Emmanuelle
Журнал:
International Data Privacy Law
Дата:
2012
Аннотация:
Transfers of personal data outside the European Union are strictly regulated by the European Data Protection Directive.In today's globalized world, it has become increasingly challenging for companies to comply with the restrictions imposed by European data protection law. The existing legal mechanisms approved by the European Commission and the national data protection authorities have become, to a certain degree, ill-adapted to multiple and cross-jurisdictional transfers of personal data.In recent years, Binding Corporate Rules (BCR) have become a fast-growing legal mechanism that is more widely recognized by companies as an efficient tool for framing international transfers.BCR bring a truly globalized response to the issues associated with international data transfers within the same corporate group. In particular, companies appreciate their pragmatic approach and the fact that they can communicate more openly to their employees, clients, and suppliers about their data processing activities.BCR must first be approved by the national data protection authorities before they can be used by companies. To this end, data protection authorities in Europe have developed a cooperation procedure, which aims at recognizing BCR as an effective tool for providing an adequate level of protection to personal data being transferred globally.In the near future, the European Commission may officially recognize BCR as a valid accountability measure that enables international organizations to comply with European data protection regulations.
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