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E-book
Author Moerel, E. M. L.

Title Binding Corporate Rules : Corporate Self-Regulation of Global Data Transfers
Published Oxford : Oxford University Press, 2012
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Description 1 online resource (871 pages)
Contents Cover Page; Title Page; Copyright Page; Contents; Table of Cases; Table of Instruments, International Agreements, and Guidelines; List of Abbreviations; 1. Introduction; 1.1 Background; 1.2 Subject Matter and Aim of this Book; 1.3 Outline; 2. Binding Corporate Rules: An Overview; 2.1 Data Here, Data There, Data Everywhere; 2.2 Relevance of BCR as a Data Transfer Tool at Global Level; 2.3 Evaluation of the BCR Regime from Different Dimensions; 2.4 The Quest for Meta-norms for BCR; 3. The Worldwide Data Protection Regulatory Landscape; 3.1 EU Data Protection Regime
3.2 Other Comprehensive Regimes3.3 Limited Regimes; 3.4 APEC Privacy Framework; 4. Trends and Developments in the Legal Landscape; 4.1 Increasing Tension between Different Regulatory Systems; 4.2 Towards a Global Standard for Data Protection?; 4.3 Cross-border Enforcement Issues; 4.4 Thinking about Alternative Solutions for Enforcement; 5. Trends and Developments in Multinational Corporate Practice; 5.1 Increase in International Data Transfers within and between Multinationals; 5.2 Multiple Jurisdictions; 5.3 Corporate Mitigation of Data Protection Risks
5.4 Other Drivers for Corporate Privacy Policies6. The BCR Regime; 6.1 Introduction; 6.2 BCR Requirements; 6.3 Different Types of BCR; 6.4 EU BCR Approval Procedure; 6.5 Shortcomings of the BCR Approval Procedure; 6.6 How to Address Shortcomings in the BCR Regime and the BCR Approval Procedure?; 6.7 Recognition of BCR in Other Countries; 6.8 Conclusion; 7. BCR and Contract Law; 7.1 Introduction; 7.2 Internally Binding; 7.3 Externally Binding; 7.4 Contractual 'Supply Chain Management'; 7.5 How to Address the Contractual Supply Chain Management Issues in BCR?
7.6 Conclusion as to Contractual Issues of BCR8. BCR and EU Rules of Private International Law; 8.1 Introduction; 8.2 Applicability, Jurisdiction, and Enforcement; 8.3 Role Left for EU Rules of PIL?; 8.4 The Applicability, Supervision, and Enforcement Regime of BCR: How It May Work; 8.5 Choice of Law and Forum; 8.6 Relevance of Rome I and the Brussels I Regulation for BCR; 8.7 Summary Conclusion: Applicability of Employee and Consumer Protection Regimes; 8.8 Are the Choice of Law and Forum Clauses Validly Entered Into?; 8.9 Are the Choice of Law and Forum Clauses Themselves Valid and Binding?
8.10 Choice of Forum should be (Evidenced) in Writing8.10.1 BCR as unilateral undertakings; 8.10.2 Contractual solution; 8.11 Conclusions: How the Applicability, Supervision, and Enforcement Regime of BCR May Work; 9. BCR and the 'Accountability Principle'; 9.1 The Accountability Principle in the Field of Data Protection; 9.2 The Accountability Principle According to General Literature; 9.3 Review of the BCR Regime against Accountability Requirements in the General Literature; 9.4 The Accountability Principle in the Field of Data Protection
9.5 Accountability for Onward Data Transfers in BCR?
Summary The digital era shows an unprecedented worldwide flow of data within multinational companies and their external service providers. Binding Corporate Rules (BCRs) are designed to allow these companies to transfer personal data across borders in compliance with EU Data Protection Law. This is the first work to give an in-depth assessment of the BCR regime. It discusses the origins of the regime and the material requirements of BCR, as well as how they should be applied in practice and made binding on the companies and employees. It also covers how BCRs may provide for enforceable rights for the b
Notes Print version record
Form Electronic book
ISBN 0191639966
9780191639968