Arcelormittal's Binding Corporate Rules To Facilitate Intra-Group Data Flows Outside The EU: An Example To Be Followed

Background

It is well known that the EU rules on personal data protection (set out in Directive 95/46/EC and implementing national law) are rather stringent when it comes to the transfer of personal data outside the European Economic Area (EEA), including the input of personal data originating in the EU on a server outside the EEA. Such transfers are, in principle, prohibited if the country to which the data is being sent does not offer an adequate level of protection. The US, India, Russia and South Korea all fall into this category.

Nevertheless, personal data can be transferred to such countries if, e.g., the  data subject has given his or her express consent or if the transfer is necessary to prepare or perform a contract with or in the interest of the data subject. In addition to these exceptional circumstances, which are often difficult to rely on in practice, EU national data protection authorities ("DPAs") can authorise the transfer of personal data to