Binding Corporate Rules: Corporate Self-Regulation of Global Data Transfers
Binding Corporate Rules: Corporate Self-Regulation of Global Data Transfers
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Abstract
The digital era shows an unprecedented flow of data both within multinational companies as well as their external service providers. Binding Corporate Rules (BCR) are a form of corporate self-regulation designed to facilitate global inter-company data transfers in compliance with EU Data Protection Law. This book discusses the origins of the regime and the material requirements of Binding Corporate Rules (BCR), as well as how they should be applied in practice and made binding on the companies and employees. It includes a template BCR for employee data and a template BCR for customer data which have been approved by various EU data protection authorities, showing how the material requirements of the BCR regime may be implemented in practice. It also covers how BCRs may provide for enforceable rights for the beneficiaries of the regime, and how they should be brought in line with requirements of European rules on private international law. Furthermore, the book analyses a number of significant academic debates in the areas of transnational private regulation and data protection. It reflects on the legitimacy of transnational private regulation as a method of regulating corporate conduct, and also focuses on the merits and shortcomings of BCR as a method for regulating global data transfers.
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Front Matter
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1
Introduction
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2
Binding Corporate Rules: An Overview
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3
The Worldwide Data Protection Regulatory Landscape
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4
Trends and Developments in the Legal Landscape
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5
Trends and Developments in Multinational Corporate Practice
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6
The BCR Regime
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7
BCR and Contract Law
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8
BCR and EU Rules of Private International Law
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9
BCR and the ‘Accountability Principle’
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10
BCR as a Form of Transnational Private Regulation
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11
BCR and Corporate Social Responsibility
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12
Conclusion
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End Matter
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