EU Article 29 A29WP Publishes New BCR Guidance For Processors

Author:Ms Cynthia O'Donoghue
Profession:Reed Smith

The European Union (EU) data protection body, the Article 29 Working Party (A29WP), in April adopted new guidance on Binding Corporate Rules for Processors (BCPRs). The document supplements the opinion from June 2012, which listed elements required for valid BCPRs, by further clarifying what provisions and mechanisms must be included before BCPRs can be authorised. The BCPR process has been developed by the A29WP in response to a request from outsourcing providers to create a new legal instrument to legitimise international data transfers.

The new guidance emphasises that BCPRs are the preferred method for transfers of personal data from the EU to countries without "adequate levels of protection," over other methods, such as the EU standard contractual clauses. BCPRs are preferred when transfers are voluminous and frequent between the primary data processor and sub-processors in the same organisation. BCPRs are also recognised within the mutual recognition scheme, such that authorisation of BCPRs by one EU member state will result in automatic authorisation in other participating EU member states.

Data controllers will remain responsible for ensuring that service providers only process data under their instructions, and that sufficient guarantees are in place to protect the personal data being transferred to a service provider and within that service provider group, even where BCPRs have been authorised.

The A29WP emphasises that the BCPRs must be binding both internally and externally, and recommends service providers implement strict and punitive policies or codes...

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