Binding corporate rules

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Binding corporate rules (hereinafter the “BCR”) are a very important legal institution. Significance of the BCR is continuously increasing seeing that they represent an attractive option for the execution of cross-border personal data transfer which relieves them of much of the administrative burdens associated with costs of such transfer.

 

The BCR may be used as a legal basis for cross border transfer only within single company, resp. it´s branches. A company that decides to introduce the BCR must be bounded by them to adopt the BCR throughout the whole company (by all organizational units) and to ensure their abiding by means of established supervisory mechanisms at the same time. The introduction of BCR into practice should establish a complex protection of privacy within the multinational company also in connection with the cross-border exchange resp. transfer of personal data within the company. It should be added that the elaboration and final approval of the BCR is relatively complex and time consuming process.

 

The BCR approval process is governed by supervisory authorities in the opinion of the Working Party established under Article 29 of Directive 95/46/EC, which later issued a recommendation. A new draft Act on the protection of personal data, which is currently in the legislative process, already allows for approval of the BCR.

 

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2018 Office for Personal Data Protection of the Slovak Republic