Which of the following best describes proper compliance for an international organization using Binding Corporate Rules (BCRs) as a controller or processor?
A.
Employees must sign an ad hoc contractual agreement each time personal data is exported.
B.
All employees are subject to the rules in their entirety, regardless of where the work is taking place.
C.
All employees must follow the privacy regulations of the jurisdictions where the current scope of their work is established.
D.
Employees who control personal data must complete a rigorous certification procedure, as they are exempt from legal enforcement.
“BCRs are legally binding internal rules adopted by multinational groups of companies to allow transfers of personal data within the same corporate group to entities located outside the EU. All employees must adhere to them, regardless of their work location.”
(Chapter 3 – Applicable Privacy Laws and Regulations)
BCRs must ensure that all employees who process personal data follow the privacy regulations of the jurisdictions where the data originates from, regardless of where they are located or where the data is transferred to.
https://www.lexology.com/library/detail.aspx?g=80239951-01b8-409f-9019-953f5233852e
Answer B: BCR are are legally binding and apply to and are enforced by every member concerned of the group of undertakings, or group of enterprises engaged in a joint economic activity, including their employees;
From a paper from PwC. The above principles need to be binding within the corporate group, as against employees and subcontractors. The documents likely to achieve this are:
• A resolution of the parent company’s board to make the principles binding;
• An employee notice requiring application of the principles;
• Pro forma contract terms for use with subcontractors; and
• Intra-group contract that confers third party rights.
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