This is an excerpt from CIPL President Bojana Bellamy’s recently published piece in the IAPP “Privacy Perspectives” blog. This piece discusses binding corporate rules as important transfer mechanism.
Continue Reading International Data Transfers: Time to Rethink Binding Corporate Rules
Binding Corporate Rules
CIPL Responds to EDPB’s Calls for Public Comments on Recommendations for Controller Binding Corporate Rules
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On January 10, 2023, the Centre for Information Policy Leadership at Hunton Andrews Kurth responded to a call for public comments from the European Data Protection Board regarding their Recommendations 1/2022 on the Application for Approval and on the elements and principles to be found in Controller Binding Corporate Rules (Art. 47 GDPR). …
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The EDPB Issues Guidelines Clarifying What Constitutes an International Data Transfer Under the GDPR
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Posted in European Union, International
On November 19, 2021, the European Data Protection Board published its draft Guidelines 05/2021 on the interplay between the application of Article 3 of the GDPR, which sets forth the GDPR’s territorial scope, and the GDPR’s provisions on international data transfers.
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EU-UK Trade Deal: What It Means For Post-Brexit Data Flows
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On December 24, 2020, the European Union and the United Kingdom reached an agreement in principle on the historic EU-UK Trade and Cooperation Agreement. For data protection purposes, there is a further transition period of up to six months to enable the European Commission to complete its adequacy assessment of the UK’s data protection laws. For the time being, personal data can continue to be exported from the EU to the UK without implementing additional safeguards.
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EDPB Adopts Recommendations on Supplementary Measures for Data Transfers Following Schrems II Decision
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Posted in European Union, International
On November 11, 2020, the European Data Protection Board published its long-awaited recommendations following the Schrems II judgement regarding supplementary measures that may be implemented to ensure the adequate protection of personal data when transferring the data to third countries.
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Swiss-U.S. Privacy Shield No Longer Considered Adequate by Swiss DPA
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Posted in Information Security, International
On September 8, 2020, the Swiss Data Protection Authority announced in a position statement that it no longer considers the Swiss-U.S. Privacy Shield adequate for the purposes of transfers of personal data from Switzerland to the United States.
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Schrems II Update: German SAs Require Additional Safeguards for U.S. Transfers and Max Schrems Set to Challenge Facebook Data Transfers Again
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Posted in European Union, International
On July 28, 2020, German supervisory authorities issued a statement reiterating the requirement for additional safeguards when organizations rely on Standard Contractual Clauses or Binding Corporate Rules for the transfer of personal data to third countries in the wake of the Court of Justice of the European Union’s invalidation of the Privacy Shield Framework.
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EDPB Adopts Information Note on BCRs in Preparation for Brexit
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Posted in European Union, International
On July 22, 2020, the European Data Protection Board adopted an information note to assist organizations relying on Binding Corporate Rules for international personal data transfers, as well as supervisory authorities, in preparing for the end of the Brexit implementation period on December 31, 2020.
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EDPB Publishes FAQs on Implications of the Schrems II Case
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On July 24, 2020, the European Data Protection Board published a set of Frequently Asked Questions on the judgment of the Court of Justice of the European Union in the Schrems II case.
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Regulators Issue Reactions to Invalidation of EU-U.S. Privacy Shield Framework
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In the aftermath of the CJEU’s unexpected ruling, organizations in the EU and U.S. that rely on Privacy Shield certification for transfers of EU personal data are awaiting guidance from EU data protection regulators. …
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