Binding Corporate Rules (BCRs) were developed by the
European Union Article 29 Working Party (today the
European Data Protection Board) to allow multinational
corporations, international organizations, and groups of companies to make intra-organizational transfers of personal data across borders in compliance with EU
Data Protection Law. BCRs are a framework for having different elements (internal legal agreements, policies, trainings, audits, etc.) that allow for compliance with EU data protection regulations and privacy protection. The BCRs were developed as an alternative to the "standard contractual clauses" (SCCs) and the now defunct U.S. Department of Commerce EU
Safe Harbor
A safe harbor or harbour is literally a "place of shelter and safety, esp. for ships". It is used in many contexts:
Film and television
* Safe harbor (broadcasting), established in 1978 in the US, the time period in a television schedule during wh ...
(which was for US organizations only, but has been declared invalid).
BCRs are required to be approved by the
data protection authority
In the pursuit of knowledge, data (; ) is a collection of discrete values that convey information, describing quantity, quality, fact, statistics, other basic units of meaning, or simply sequences of symbols that may be further interpreted. ...
in each EU member state (such as the
CNIL in France and
AEPD
The Spanish Data Protection Agency (AEPD, es, Agencia Española de Protección de Datos) is an independent agency of the government of Spain which oversees the compliance with the legal provisions on the protection of personal data. The agency ...
in Spain) in which the organization will rely on the BCRs. The EU has developed a mutual recognition process under which BCRs approved by one member state's data protection authority (known as the "lead" authority) and two other "co-lead" authorities, may be approved by the other relevant member states who may make comments and ask for amendments. Other members states, not part of mutual recognition process, will be also involved by the lead authority and will apply their own independent review process within a limited time-frame. The overall process for BCR acceptance takes usually between 6 and 9 months. This time frame does not include the required Data Protection setup, which should be already implemented within the company in order to comply with the current directive and its local implementation.
BCRs typically form stringent, intra-corporate global privacy policies, set of practices, processes and guidelines that satisfy EU standards and may be available as an alternative means of authorizing transfers of personal data (e.g., customer databases, HR information, etc.) outside of Europe. BCRs are considered the most "robust" and accepted regime for data transfers.
It has to be noticed that, while originally designed for providing legal ground to international transfers, BCRs became de facto a corporation demonstration of its capacity to comply "at large" with personal data processing requirements. A corporation having BCRs applies this framework independently of international transfers and should be seen as part of the "Corporate Governance" or "Data Governance".
References
{{reflist
External links
* https://edpb.europa.eu/our-work-tools/accountability-tools/bcr_en
International business
Privacy law