Binding corporate rules (BCR)
Binding corporate rules (BCRs) are personal data protection policies adhered to by a controller or processor established in the EU for transfers of personal data to entities of the same group of undertakings, or group of enterprises engaged in a joint economic activity, located in third countries (Art. 4(20) and Art. 47 GDPR). Once approved by the competent supervisory authority after an EDPB opinion, they constitute appropriate safeguards under Art. 46(2)(b).
BCRs must be legally binding on every group member and employee, confer enforceable rights on data subjects, and cover the elements listed in Art. 47(2): structure of the group, data flows, application of the principles, complaint procedures, audit, cooperation with authorities and liability of the EU entity. Controller BCRs (BCR-C) and processor BCRs (BCR-P) are approved separately, and the EDPB updated its referential in 2023.
For global pharmaceutical and CRO groups, BCRs replace hundreds of intra-group standard contractual clauses and simplify the transfer impact assessment process. They do not cover transfers to external vendors or investigator sites, which still require SCCs or another mechanism, and the approval process typically takes 18 months or more.
No. BCRs provide safeguards for transfers within the relevant approved group arrangement, not blanket permission to disclose data to any external provider. Check the covered entities, processing and data flows. If the recipient falls outside that scope, assess an appropriate separate transfer route rather than assuming the group’s BCR approval extends to it.
