Chapter

BCR and the ‘Accountability Principle’

Lokke Moerel

in Binding Corporate Rules

Published in print July 2012 | ISBN: 9780199662913
Published online September 2012 | e-ISBN: 9780191746208 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199662913.003.0009
BCR and the ‘Accountability Principle’

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This chapter discusses Binding Corporate Rules (BCR) in the wider context of the introduction of the ‘accountability principle’ in the area of data protection and in other fields of law. It gives specific attention to how regulators can provide companies with incentives and tools to use their own inherent ‘regulatory capacities’. It discusses the merits and the relevance for BCR of the accountability principle as proposed by the Working Party 2, the Madrid Draft International Standard, and the proposal for a Regulation on Data Protection. It further discusses the merits of the proposal of the Working Party 29 to introduce a provision in the proposal for a Regulation on Data Protection that controllers remain accountable for the protection of their data even after these data have been transferred to a third party.

Keywords: accountability principle; Working Party 29; Madrid Draft International Standard; regulatory capacities

Chapter.  28246 words. 

Subjects: Intellectual Property Law

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