QuestionQ129

Compliance with European Data Protection Law and Regulation

A company is considering Binding Corporate Rules and Standard Contractual Clauses as a solution for global data transfers. Which of the following statements would help the company make an informed decision?

  • A Binding Corporate Rules are especially recommended for small and medium companies.
  • B The data exporter does not need to be located in the EU for the standard Contractual Clauses.
  • C Binding Corporate Rules provide a global solution for all the entities of a company that are bound by the intra-group agreement.
  • D The company will need the prior authorization of all EU data protection authorities for concluding Standard Contractual Clauses.
Explanation

Binding Corporate Rules provide appropriate safeguards for transfers within a group of undertakings or enterprises engaged in a joint economic activity. Once binding on the relevant group entities, they create a group-wide framework for those intra-group transfers, unlike Standard Contractual Clauses, which are typically implemented for particular transfer relationships.

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