Article 29 Working Party Supports Recognition Of Processor BCRs In The Data Protection Regulation

In June, the Article 29 Working Party ('Working Party') wrote to the President of the European Commission, setting out its case for including a reference to Binding Corporate Rules for data processors ('BCR-P') in the forthcoming Data Protection Regulation.

Binding Corporate Rules are one way in which data controllers or data processors in Europe can lawfully undertake international transfers of data. They are an alternative to using EU Model Clauses, or gaining Safe Harbor certification. However, to date, BCRs have been used to a much lesser extent than either of these methods since they are costly and time consuming to implement.

In the proposal for a Regulation published in January 2012, the European Commission had introduced an express reference to BCR-Ps. This reference was dropped, however, in the draft version of the Regulation that was voted on by the European Parliament in March 2014.