What do these "Binding Corporate Rules" or "BCRs" have to include?

At European level

The Article 29 Working Party has approved several working documents describing the compulsory content of Binding Corporate Rules. The following documents are involved:

  • Working Document of 03/06/2003 on Transfers of personal data to third countries: Applying Article 26 (2) of the EU Data Protection Directive to Binding Corporate Rules for International Data Transfers (WP74);
  • Working Document of 14/04/2005 Establishing a Model Checklist Application for Approval of Binding Corporate Rules (WP108).

For a better understanding of these two documents, the Article 29 Working Party also adopted a table including all the elements BCRs have to contain, with references to WP74 and WP108. This document is entitled:

  • Working Document setting up a table with the elements and principles to be found in Binding Corporate Rules (WP153).

The Article 29 Working Party, for that matter, has also drawn up a harmonized European application form for the approval of Binding Corporate Rules:

  • Recommendation 1/2007 of 10/01/2007 on the Standard Application for Approval of Binding Corporate Rules for the Transfer of Personal Data (WP133.doc).

To have an idea about how BCR scan be structured, we advise you to read the following document:

  • Working Document setting up a framework for the structure of Binding Corporate Rules (WP154).

Finally, for concrete answers to frequently asked questions from multinationals, you can consult the document below:

  • Working Document on Frequently Asked Questions (FAQs) relating to Binding Corporate Rules (WP155, this document is updated frequently).

All the documents the Article 29 Working Party has adopted can be consulted on its website:
http://ec.europa.eu/justice_home/fsj/privacy/workinggroup/index_en.htm

The European Commission website also includes a section dedicated to BCR.

At Belgian level

The requirements have been described in the protocole agreed on by the Belgian Federal Public Service of Justice and the Belgian DPA. Most of the protocol has obviously been inspired by the requirements at European level.

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