Overview

This article requires Binding Corporate Rules (BCRs) for transferring personal data within a corporate group to be approved by the supervisory authority. BCRs must be legally binding, ensure enforceable data subject rights, and comply with GDPR principles. They provide a framework for data transfer, protection measures, and governance.


Key Principles

  • Legally Binding: BCRs are enforceable within the corporate group.

  • Data Subject Rights: Individuals must have enforceable rights and access to complaint procedures.

  • Compliance Framework: BCRs must align with GDPR principles, including security, accountability, and transparency.

  • Supervisory Approval: BCRs require approval and oversight by supervisory authorities.

Organizational Applicability

This article applies to corporate groups transferring personal data internationally:

  • Multinational corporations processing EU/EEA personal data across affiliates.

  • Public and private sector organizations operating in multiple jurisdictions.

  • Teams responsible for global data transfers, compliance, and corporate governance.

Implementation Requirements

  • Develop Binding Corporate Rules specifying transfer details, security measures, data subject rights, complaint handling, audits, and cooperation with authorities.

  • Submit BCRs for approval by the relevant supervisory authority.

  • Implement BCRs across all applicable entities in the corporate group.

  • Maintain records demonstrating compliance and enforceability.

Implementation Guidance

  • Draft BCRs in consultation with legal and compliance experts.

  • Train staff on BCR requirements and internal procedures.

  • Conduct audits and reviews to ensure ongoing adherence.

  • Establish mechanisms for handling complaints and cooperation with supervisory authorities.

Periodic Review

  • Frequency: Annually or upon changes to corporate structure, processing activities, or regulations.

  • Responsible Role: Data Protection Officer (DPO), Compliance Team, or Legal.

  • Outcome: Ensure BCRs remain effective, enforceable, and approved by authorities.

Non-Compliance Risks

  • Fines: Up to €20 million or 4% of global annual turnover.

  • Legal Exposure: Enforcement actions if BCRs are not approved or not adhered to.

  • Reputational Damage: Loss of trust in international data handling.

  • Operational Risk: Non-compliance may block cross-border data transfers or lead to regulatory scrutiny.