← back to the act's dossier

GDPR — Article 47

The article's text

Article 47 Binding corporate rules 1. The competent supervisory authority shall approve binding corporate rules in accordance with the consistency mechanism set out in Article 63, provided that they: (a) 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; (b) expressly confer enforceable rights on data subjects with regard to the processing of their personal data; and (c) fulfil the requirements laid down in paragraph 2. 2. with regard to the processing of their personal data; and (c) fulfil the requirements laid down in paragraph 2. 2. The binding corporate rules referred to in paragraph 1 shall specify at least: (a) the structure and contact details of the group of undertakings, or group of enterprises engaged in a joint economic activity and of each of its members; (b) the data transfers or set of transfers, including the categories of personal data, the type of processing and its purposes, the type of data subjects affected and the identification of the third country or countries in question; (c) their legally binding nature, both
full text
internally and externally; (d) the application of the general data protection principles, in particular purpose limitation, data minimisation, limited storage periods, data quality, data protection by design and by default, legal basis for processing, processing of special categories of personal data, measures to ensure data security, and the requirements in respect of onward transfers to bodies not bound by the binding corporate rules; (e) the rights of data subjects in regard to processing and the means to exercise those rights, including the right not to be subject to decisions based solely on automated processing, including profiling in accordance with Article 22, the right to lodge a complaint with the competent supervisory authority and before the competent courts of the Member States in accordance with Article 79, and to obtain redress and, where appropriate, compensation for a breach of the binding corporate rules; (f) the acceptance by the controller or processor established on the territory of a Member State of liability for any breaches of the binding corporate rules by any member concerned not established in the Union; the controller or the processor shall be exempt from that liability, in whole or in part, only if it proves that that member is not responsible for the event giving rise to the damage; (g) how the information on the binding corporate rules, in particular on the provisions referred to in points (d), (e) and (f) of this paragraph is provided to the data subjects in addition to Articles 13 and 14; (h) the tasks of any data protection officer designated in accordance with Article 37 or any other person or entity in charge of the monitoring compliance with the binding corporate rules within the group of undertakings, or group of enterprises engaged in a joint economic activity, as well as monitoring training and complaint-handling; (i) the complaint procedures; (j) the mechanisms within the group of undertakings, or group of enterprises engaged in a joint economic activity for ensuring the verification of compliance with the binding corporate rules. engaged in a joint economic activity for ensuring the verification of compliance with the binding corporate rules. Such mechanisms shall include data protection audits and methods for ensuring corrective actions to protect the rights of the data subject. include data protection audits and methods for ensuring corrective actions to protect the rights of the data subject. Results of such verification should be communicated to the person or entity referred to in point (h) and to the board of the controlling undertaking of a group of undertakings, or of the group of enterprises engaged in a joint economic activity, and should be available upon request to the competent supervisory authority; (k) the mechanisms for reporting and recording changes to the rules and reporting those changes to the supervisory authority; (l) the cooperation mechanism with the supervisory authority to ensure compliance by any member of the group of undertakings, or group of enterprises engaged in a joint economic activity, in particular by making available to the supervisory authority the results of verifications of the measures referred to in point (j); (m) the mechanisms for reporting to the competent supervisory authority any legal requirements to which a member of the group of undertakings, or group of enterprises engaged in a joint economic activity is subject in a third country which are likely to have a substantial adverse effect on the guarantees provided by the binding corporate rules; and (n) the appropriate data protection training to personnel having permanent or regular access to personal data. and (n) the appropriate data protection training to personnel having permanent or regular access to personal data. 3. The Commission may specify the format and procedures for the exchange of information between controllers, processors and supervisory authorities for binding corporate rules within the meaning of this Article. Those implementing acts shall be adopted in accordance with the examination procedure set out in Article 93(2).

Who wrote about this article in the consultations

Filers who named this exact article number in their own text. It is their sentence, not our reading — and not a causal claim.

6
business association
2
company
1
other
1
NGO
WhoCountryWhat they wrote
German Insurance AssociationDErequirements of the GDPR identically. In addition, the BCRs must provide for a large number of additional measures that go beyond Art. 47 of the GDPR. The EDPB has thus significantly expanded the requirements for BCRs in the working papers WP 256 and WP 264 of
Selbstregulierung Informationswirtschaft e.V. (SRIW)DEons pursuant to Art. 45 GDPR, standard contractual clauses pursuant to Art. 46.2 (c) GDPR and binding corporate rules pursuant to Art. 47 GDPR.
BundesrechtsanwaltskammerDEguarantees of the rule of law under Art. 47 (1) sentence 2 CFR, Art. 6 (1) sentence 1 (3) lit. c ECHR as well as Art. 20 (2) German Basic Law (Grundgesetz, GG), Art. 103 (1) GG. At the same time, in the context of legal advice, it is a prerequisite for the ful
MyData-TRUSTBEthrough a lengthy regulatory process which can take months (or years) to complete. The BCRs must fulfil the conditions set out in Article 47 GDPR, and requirements set out in the relevant Article 29 Working Party guidelines as endorsed by the European Data Pro
Van Bael & BellisBEions 1/2022 on the Application for Approval and on the elements and principles to be found in Controller Binding Corporate Rules (Art. 47 GDPR), 20 June 2023, p. 43), as well as in the area of EU sanctions regulations (Cf. e.g., EC, Frequently asked questions
Insurance EuropeBE022 of the EDPB on Controller BCRs and the very long duration of the approval process in practice make BCRs within the meaning of Art. 47 GDPR as an instrument for data transfers to third countries increasingly unattractive for corporate groups. • In order to
Institut der Wirtschaftsprüfer in Deutschland e.V. (IDW)DEendig. Hier können z.B. Regelbeispiele für den sicheren Datentransfer helfen. Die verbindlichen internen Datenschutzvorschriften (Art. 47 DSGVO) werden durch Rechtsprechung entwertet. Eine Stärkung dieses Rechtsinstruments ist wünschenswert. Q14 GDPR and innov
EFPIAGBWorking Party has set forth substantive and procedural requirements for adequate BCRsxxviii, which are now codified in the GDPR (Article 47).
Fundamental Rights European Experts Group (FREE-Group)BE0 (bb) all the BCRs that have been approved by the MSs’ SAs and the groups of companies to which they relate (Article 46(2)(b) jo Article 47) and the extent to which they (i) actually provide on paper the required “appropriate safeguards” including “enforceabl
Ecommerce EuropeBEo the scope of application of the GDPR. Furthermore, members reported that the procedure for binding corporate rules laid down in Art. 47 GDPR is too complicated to be practical and should be fundamentally revised and simplified. Again, this would not give ris

Source: public consultation submissions and position papers. n = 10 mentions; counted as a literal reference to the article number.

Ask about this article →