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      Blog

      GDPR Binding corporate rules

      • Categories Blog, Free Data Protection Resources
      • Date August 29, 2020

      Article 47 GDPR

      Binding corporate rules

      1. The competent supervisory authority shall approve binding corporate rules in accordance with the consistency mechanism set out in Article 63, provided that they:(a)  are legally binding and apply to and are enforced by every member concerned of the group of undertakings, or group of enterprises engaged in a joint economic activity, including their employees;

      (b)  expressly confer enforceable rights on data subjects with regard to the processing of their personal data; and

      (c)  fulfil the requirements laid down in paragraph 2.

      2. Thebindingcorporaterulesreferredtoinparagraph1shallspecify at least:(a)  the structure and contact details of the group of undertakings, or group of enterprises engaged in a joint economic activity and of each of its members;

      (b)  the data transfers or set of transfers, including the categories of personal data, the type of processing and its purposes, the type of data subjects affected and the identification of the third country or countries in question;

      (c)  their legally binding nature, both internally and externally;

      (d)  the application of the general data protection principles, in particular purpose limitation, data minimisation, limited storage periods, data quality, data protection by design and by default, legal basis for processing, processing of special categories of personal data, measures to ensure data security, and the requirements in respect of onward transfers to bodies not bound by the binding corporate rules;

      (e)  the rights of data subjects in regard to processing and the means to exercise those rights, including the right not to be subject to decisions based solely on automated processing, including profiling in accordance with Article 22, the right to lodge a complaint with the competent supervisory authority and before the competent courts of the Member States in accordance with Article 79, and to obtain redress and, where appropriate, compen­ sation for a breach of the binding corporate rules;(f)  the acceptance by the controller or processor established on the territory of a Member State of liability for any breaches of the binding corporate rules by any member concerned not established in the Union; the controller or the processor shall be exempt from that liability, in whole or in part, only if it proves that that member is not responsible for the event giving rise to the damage;

      (g)  how the information on the binding corporate rules, in particular on the provisions referred to in points (d), (e) and (f) of this paragraph is provided to the data subjects in addition to Articles 13 and 14;

      (h)  the tasks of any data protection officer designated in accordance with Article 37 or any other person or entity in charge of the monitoring compliance with the binding corporate rules within the group of undertakings, or group of enterprises engaged in a joint economic activity, as well as monitoring training and complaint-handling;

      (i)  thecomplaintprocedures;

      (j)  the mechanisms within the group of undertakings, or group of enterprises engaged in a joint economic activity for ensuring the verification of compliance with the binding corporate rules. Such mechanisms shall include data protection audits and methods for ensuring corrective actions to protect the rights of the data subject. Results of such verification should be communicated to the person or entity referred to in point (h) and to the board of the controlling undertaking of a group of undertakings, or of the group of enter­ prises engaged in a joint economic activity, and should be available upon request to the competent supervisory authority;

      (k)  the mechanisms for reporting and recording changes to the rules and reporting those changes to the supervisory authority;

      (l)  the cooperation mechanism with the supervisory authority to ensure compliance by any member of the group of undertakings, or group of enterprises engaged in a joint economic activity, in particular by making available to the supervisory authority the results of verifi­ cations of the measures referred to in point (j);

      (m)  the mechanisms for reporting to the competent supervisory authority any legal requirements to which a member of the group of undertakings, or group of enterprises engaged in a joint economic activity is subject in a third country which are likely to have a substantial adverse effect on the guarantees provided by the binding corporate rules; and

      (n)  the appropriate data protection training to personnel having permanent or regular access to personal data.

      3. The Commission may specify the format and procedures for the exchange of information between controllers, processors and super­visory authorities for binding corporate rules within the meaning of this Article. Those implementing acts shall be adopted in accordance with the examination procedure set out in Article 93(2).

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      Privacy Professor

      Professor mr drs Romeo F. Kadir MA MSc LLM LLM (Adv) EMBA EMoC

      At present Romeo Kadir serves as the President of the Global Association of Data Protection Professionals Europe (GADPPRO). GADPPRO is a thought leader self-regulatory association of data protection professionals based in the European Union, active around the globe and the first European Association of data protection professionals open for members outside the EU. Please visit www.gadppro.org for more information.

      First appointed Data Protection Officer (DPO) ever in the Netherlands (European Union) at a semi-public entity. Seasoned European Privacy and Data Protection Expert (22+ years of practical experience in EU Privacy and Data Protection Law, Business Management, Compliance and Ethics).

      Studied European and International Law, Political Sciences and Business Administration. Romeo Kadir is EIPACC EADPP Professor European Privacy & Data Protection Law at Universitas Padjadjaran UNpad (Indonesia) and Honorary Visiting Research Fellow with O.P. Jindal Global University (New Delhi), Senior Associate Fellow with Vidhi Centre for Legal Policy (New Delhi), Lecturer Science Honours Academy and Lecturer at the International Molengraaff Institute, Utrecht University (UU, Netherlands). In 2010 he was founder of the first European Data Protection Academy focusing on privacy-only executive education.

      Present Occupations in European Data Protection Law

      Member of the International Bar Association (IBA)
      Member of the International Board of Experts with EuroPrivacy Certification Scheme (Geneva and Luxembourg)
      Member of the International Strategic Board with EuroPrivacy Certification Scheme (Geneva and Luxembourg)
      Member of the Swiss-Chinese Law Association (SCLA)

      Former Occupations in European Data Protection Law

      President European Institute for Privacy, Audit, Compliance & Certification (EIPACC)
      Co-Founder/Vice-President European Association for Data Protection Professionals (EADPP)
      Chair EADPP Certification Committee Data Protection Professionals,
      Chair EADPP Academic Board
      Chair EADPP Expert Committee on Cybersecurity
      Chair EADPP Expert Committee on Artificial Intelligence (AI)
      President Supervisory Board of the Dutch Privacy Complaints Office (NPKI)
      Rapporteur to UN Monitoring Commission Human Rights on behalf of the Dutch Privacy Foundation (SPN)

      Publications

      'Handbook DPO - A Practical Guide', Privacy Publishing Group (2017)
      Editor-in-Chief of ‘Data Protection Dictionary’, authored, edited and coordinated ‘Handbook for the Data Protection Officer – A practical Guide’, ‘The Ultimate GDPR Business Guide – Six Volumes’ and other relevant books in the field of privacy and data protection (www.dataprotectionbooks.com)

      www.romeokadir.eu

      Previous post

      GDPR Transfers subject to appropriate safeguards
      August 29, 2020

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      GDPR Transfers of disclosures not authorised by Union Law
      August 29, 2020

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