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ICC
surveys privacy experts on international data transfers
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| Binding corporate
rules - a legally-binding tool for international data transfers? |
Paris,
18 May 2004
- How can a company transfer personal data between its operations in countries
with diffe
ring data protection rules?
As companies are increasingly
faced with this question, the International Chamber of Commerce is polling
privacy experts around the world to determine whether binding corporate
rules, also known as "codes of conduct", could provide an effective,
legally-binding solution to this problem.
The ICC questionnaire
on binding corporate rules for international data transfer - the first
research into the "legally binding nature" of such rules - examines
how the rules are currently being used, and how they can offer sufficient
protection to satisfy data protection authorities worldwide.
At present, a multinational
company often cannot use contractual arrangements to make cross-border
internal data transfers because it cannot contract with itself. But, if
its own internal rules are recognized as legally binding, it could ensure
personal data of clients and employees is treated correctly wherever it
is sent in the company.
Christopher Kuner,
chair of the ICC Task Force on the Protection of Personal Data, and a
partner at the law firm Hunton & Williams, Brussels said: "Businesses
and regulators are currently showing considerable interest in the use
of binding corporate rules to address the safe movement of personal data
cross border. As the world's leading business organization, the ICC needs
to assist by providing guidance in this area."
As the use of binding
corporate rules in the area of data protection is still new, there are
questions about how it can best be done.
Robert Bond, chair
of the ICC Binding Corporate Rules Working Group and a partner at the
London office of international law firm Faegre & Benson LLP, said:
"I hope that the results of responses to the questionnaire will enable
ICC to produce suitable guidance on the key requirements for, and the
enforceability of, binding corporate rules."
The questionnaire
is being circulated widely to in-house legal counsel and lawyers dealing
with personal data transfers around the world.
The responses will
be used to further business and policymakers' knowledge and understanding
of this emerging tool. ICC will make the analysis of responses publicly
available on its website in August 2004.
For further information,
please contact:
Maria Farrell, ICC Commission on E-Business, IT and Telecoms
Tel. +33 (0)1 49 53 28 07 e-mail: Click here to send a mail.
ICC
Commission on E-Business, IT and Telecoms
The questionnaire
is available in .pdf form on the ICC website at http://www.iccwbo.org/home/e_business/ICC%20questionnaire.pdf
ICC
Commission on E-Business, IT and Telecoms
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