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Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (United Kingdom General Data Protection Regulation)(Text with EEA relevance)
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Regulation (EU) 2016/679 of the European Parliament and of the Council, Article 47 is up to date with all changes known to be in force on or before 23 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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1.[F1The Commissioner] shall approve binding corporate rules F2... , 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.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 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 [F3the Commissioner and before a court in accordance with Article 79 (see section 180 of the 2018 Act], and to obtain redress and, where appropriate, compensation for a breach of the binding corporate rules;
(f)the acceptance by the controller or processor [F4established in the United Kingdom] of liability for any breaches of the binding corporate rules by any member concerned [F5not established in the United Kingdom]; 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. Such mechanisms shall 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 [F6the Commissioner];
(k)the mechanisms for reporting and recording changes to the rules and reporting those changes to [F7the Commissioner];
(l)the cooperation mechanism with [F8the Commissioner] 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 [F8the Commissioner] the results of verifications of the measures referred to in point (j);
(m)the mechanisms for reporting to [F9the Commissioner] 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.
F103.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in Art. 47(1) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 40(2)(a) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art. 47(1) omitted (31.12.2020) by virtue of The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 40(2)(b) (with reg. 5, Sch. 1 para. 80); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 47(2)(e) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 40(3) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 47(2)(f) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 40(4)(a) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Art. 47(2)(f) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 40(4)(b) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in Art. 47(2)(j) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 40(5) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
F7Words in Art. 47(2)(k) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 40(6) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
F8Words in Art. 47(2)(l) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 40(7) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
F9Words in Art. 47(2)(m) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 40(8) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
F10Art. 47(3) omitted (31.12.2020) by virtue of The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 40(9) (with reg. 5, Sch. 1 para. 80); 2020 c. 1, Sch. 5 para. 1(1)
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