GDPR Art.46.BCR: Binding Corporate Rules Implementation and Compliance
What This Control Requires
The appropriate safeguards referred to in paragraph 1 may be provided for, without requiring any specific authorisation from a supervisory authority, by binding corporate rules in accordance with Article 47.
In Plain Language
Getting BCRs approved is only the beginning. The real work is making them stick across every entity in your corporate group, worldwide. Each entity needs to understand and follow the BCR requirements, staff need proper training, compliance must be audited regularly, and the BCRs themselves need updating as the group evolves.
Coordinating this across a multinational group is genuinely hard. Entities in countries with weak or non-existent data protection regimes need to operate at EU standards, which may be completely unfamiliar territory. The challenge is not just legal - it is cultural. You are embedding data protection practices into operations that may never have thought about these issues before.
Sustaining BCR compliance requires a real governance structure: a central privacy team, local privacy coordinators in each entity, a monitoring programme with regular audits, training and awareness efforts, incident management procedures, and a process for updating BCRs when things change. Your lead supervisory authority can request evidence of compliance or run its own audits at any time, so robust documentation is not optional.
How to Implement
Set up a BCR governance structure that spans the entire group. Designate a central BCR coordinator - typically the group DPO or head of privacy - with overall responsibility. Appoint local privacy coordinators in each entity as the on-the-ground contact for BCR matters. Define clear reporting lines, escalation procedures, and communication channels between central and local teams.
Roll out BCRs across all group entities through a structured programme. Create an implementation checklist for each entity covering policy adoption, process alignment, technical measures, training delivery, and documentation. Tackle high-risk entities first (those handling large volumes of personal data or special categories), but make sure every entity reaches compliance. Set milestones and track progress centrally.
Deliver targeted BCR training to all relevant staff. Cover the purpose and content of the BCRs, individual obligations, how to handle personal data properly, data subject rights and how to facilitate them, incident reporting, and where to get help. Tailor the content to different roles and entities, and deliver it in local languages where needed. Run refresher training at least annually.
Implement the audit programme you committed to in the approved BCRs. Audit group entities regularly to verify they actually follow BCR requirements - not just on paper. Cover all entities over a defined cycle, with high-risk entities audited more frequently. Use a consistent methodology and reporting framework. Track findings, require corrective actions, and verify remediation.
Keep the BCRs current. Monitor for changes that trigger updates: new group entities, shifts in processing activities, new regulatory requirements, changes in risk profile. Submit material amendments to the lead supervisory authority for approval. Make sure every entity is notified of and trained on updates. Maintain version control of the BCRs and all supporting documentation.
Evidence Your Auditor Will Request
- BCR governance structure documentation with designated coordinators
- Implementation progress tracking across all group entities
- BCR training records for staff across the group, including completion rates
- Compliance audit reports covering group entities with findings and remediation
- BCR version control and amendment records submitted to supervisory authority
Common Mistakes
- BCRs approved but not effectively implemented at the entity level across the group
- Insufficient training leading to staff in non-EEA entities unaware of BCR obligations
- Compliance audit programme not delivered as committed in the BCRs
- BCR governance structure exists on paper but lacks resources and authority
- Material changes in the group not reflected in updated BCRs or reported to the supervisory authority
Related Controls Across Frameworks
Frequently Asked Questions
How often must we audit BCR compliance across group entities?
What happens when a new entity joins the group?
Can an entity be excluded from the BCRs?
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