
Published online:
20 September 2012
Published in print:
26 July 2012
Online ISBN:
9780191746208
Print ISBN:
9780199662913
Contents
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6.1 Introduction 6.1 Introduction
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6.2 BCR Requirements 6.2 BCR Requirements
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6.3 Different Types of BCR 6.3 Different Types of BCR
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6.3.1 BCR for controllers 6.3.1 BCR for controllers
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6.3.2 BCR for employee data vs BCR for customer data 6.3.2 BCR for employee data vs BCR for customer data
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6.3.3 BCR for processors 6.3.3 BCR for processors
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Proposed Regulation Proposed Regulation
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6.4 EU BCR Approval Procedure 6.4 EU BCR Approval Procedure
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6.4.1 How to align the MRP with EU works council requirements? 6.4.1 How to align the MRP with EU works council requirements?
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6.5 Shortcomings of the BCR Approval Procedure 6.5 Shortcomings of the BCR Approval Procedure
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6.6 How to Address Shortcomings in the BCR Regime and the BCR Approval Procedure? 6.6 How to Address Shortcomings in the BCR Regime and the BCR Approval Procedure?
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6.6.1 Recognize BCR, define main BCR requirements, and impose the Mutual Recognition Procedure 6.6.1 Recognize BCR, define main BCR requirements, and impose the Mutual Recognition Procedure
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Proposed Regulation Proposed Regulation
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6.6.2 Define BCR requirements in general principles 6.6.2 Define BCR requirements in general principles
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Proposed Regulation Proposed Regulation
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6.6.3 Adequate level of protection 6.6.3 Adequate level of protection
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Proposed Regulation Proposed Regulation
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6.6.4 Harmonize the powers of DPAs 6.6.4 Harmonize the powers of DPAs
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Proposed Regulation Proposed Regulation
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6.6.5 Replace Directive by an EU regulation 6.6.5 Replace Directive by an EU regulation
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Proposed Regulation Proposed Regulation
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6.6.6 Role of the Working Party 29 6.6.6 Role of the Working Party 29
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Proposed Regulation Proposed Regulation
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6.7 Recognition of BCR in Other Countries 6.7 Recognition of BCR in Other Countries
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6.8 Conclusion 6.8 Conclusion
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Cite
Moerel, Lokke, 'The BCR Regime', Binding Corporate Rules: Corporate Self-Regulation of Global Data Transfers (Oxford , 2012; online edn, Oxford Academic, 20 Sept. 2012), https://doi.org/10.1093/acprof:oso/9780199662913.003.0006, accessed 12 May 2025.
Abstract
This chapter introduces the Binding Corporate Rules (BCR) regime as developed by the Working Party 29, recognizing corporate self-regulation as an alternative method for multinationals to comply with the EU data transfer rules. It discusses the European BCR approval procedure as well as its shortcomings. It is further discussed in which non-EU countries BCR are (potentially) recognized as a valid data transfer tool also for data transfers from these non-EU countries. Recommendations are made to recognize BCR as a valid tool for data transfers in the proposal for a Regulation on Data Protection and to streamline the BCR authorization procedure.
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