The EU Justice and Home Affairs Council ('the
Council') reached agreement - on 6 June 2014 - on the rules governing
international data transfers under the proposed draft EU Data Protection
Regulation ('the Regulation'). In addition, Council ministers agreed
that the Regulation would also apply to non-European companies that
conduct their business within the EU.
"Understandably, Binding Corporate Rules
(BCR) seems to be policy makers' and regulators' favourite approach, as
it provides real and practical protection with minimum ongoing
oversight," Eduardo Ustaran, Partner at Hogan Lovells, told
DataGuidance. "It is clear that all three institutions - Commission,
Parliament and Council - are sufficiently aligned on retaining a
restrictive regime for international data transfers […] The principle of
unsafe data flows being banned by default is set to continue under the
new framework. This is at odds with data globalisation but the European
rationale of not exporting data without exporting an equivalent level of
protection seems to have prevailed. In practical terms, this means that
substantial efforts will continue to be devoted to putting in place
mechanisms like contractual terms, Safe Harbor and BCR."
read full article at Data Guidance http://www.dataguidance.com/dataguidance_privacy_this_week.asp?id=2446
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