Outline of BCR for Processors Published by Article 29 Working Party (EU) Arrow to Content

June 20, 2012 | Leave a Comment

On June 19th, the Article 29 Working Party, which is composed of Data Protection Authorities from the member states of the European Union, released an important opinion on the use of a legal means to move personal data outside of the border of the EU, called Binding Corporate Rules (BCRs). The guidelines apply to data processors. This has implications for cloud computing in Europe. The following blog entry on the Working Party’s opinion was written by the external legal counsel of the CSA, Ms. Francoise Gilbert of the IT Law Group. We repost it here with her permission.
http://www.francoisegilbert.com/2012/06/outline-of-bcr-for-processors-published-by-article-29-working-party/

Outline of BCR for Processors Published by Article 29 Working Party

Posted by fgilbert on June 20th, 2012

On June 19, 2012, the Article 29 Working Party adopted a Working Paper (WP 195) on Binding Corporate Rules (BCR) for processors, to allow companies acting as data processors to use BCR in the context of transborder transfers of personal data, such as in the case of cloud computing and outsourcing.

WP 195 includes a full checklist of the requirements for BCR for Processors and is designed both for companies and for data protection authorities.  The document provides a checklist outlining the conditions to be met in order to facilitate the use of BCR for processors, and the information to be found in the applications for approval of BCR to be presented in the application filed with the Data Protection Authorities.

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