BCR as a Form of Transnational Private Regulation

Lokke Moerel

in Binding Corporate Rules

Published in print July 2012 | ISBN: 9780199662913
Published online September 2012 | e-ISBN: 9780191746208 | DOI:
BCR as a Form of Transnational Private Regulation

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This chapter evaluates Binding Corporate Rules (BCR) as a form of Transnational Private Regulation. This concerns the issue of how to best regulate BCR as a form of TPR. In the EU, the discipline of how best to regulate has become known as ‘Better Regulation’ (BR). The chapter evaluates BCR from the perspective of BR as to whether the norm-setting for BCR meets the basic requirements for EU law-making, for instance, with regards to requirements of participation and transparency; and whether BCR (qualifying as co-regulation) regulating data protection (qualifying as a human right and freedom), concern an area of law which is traditionally not considered suitable by EU regulators to be regulated by co- or self-regulation. Proposals are made to bring the BCR norm-setting, evaluation/monitoring, and enforcement in line with the body of thought on BR.

Keywords: Transnational Private Regulation; co-regulation; self-regulation; Better Regulation; enforcement

Chapter.  24591 words.  Illustrated.

Subjects: Intellectual Property Law

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