The Canadian Privacy Law Blog: Developments in privacy law and writings of a Canadian privacy lawyer, containing information related to the Personal Information Protection and Electronic Documents Act (aka PIPEDA) and other Canadian and international laws.

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The author of this blog, David T.S. Fraser, is a Canadian privacy lawyer who practices with the firm of McInnes Cooper. He is the author of the Physicians' Privacy Manual. He has a national and international practice advising corporations and individuals on matters related to Canadian privacy laws.

For full contact information and a brief bio, please see David's profile.

Please note that I am only able to provide legal advice to clients. I am not able to provide free legal advice. Any unsolicited information sent to David Fraser cannot be considered to be solicitor-client privileged.

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The views expressed herein are solely the author's and should not be attributed to his employer or clients. Any postings on legal issues are provided as a public service, and do not constitute solicitation or provision of legal advice. The author makes no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained herein or linked to. Nothing herein should be used as a substitute for the advice of competent counsel.

This web site is presented for informational purposes only. These materials do not constitute legal advice and do not create a solicitor-client relationship between you and David T.S. Fraser. If you are seeking specific advice related to Canadian privacy law or PIPEDA, contact the author, David T.S. Fraser.

Monday, September 18, 2006

ICC produces standardized form for "binding corporate rules" approval in 25 EU states 

The International Chamber of Commerce has produced a "one form" solution for seeking approval of European Data Protection authorities in 25 European states to permit the export of personal information from Europe in compliance with the "binding corporate rules" exception. From the ICC:

Smoothing the way for international data transfers

Paris, 12 September 2006

Individuals will benefit from greater transparency in the drafting of BCR's determining how their personal data is safeguarded.

Companies transferring personal data, such as lists of employees or customers, outside the European Union must comply with stringent European legal restrictions. To help businesses demonstrate their compliance, the International Chamber of Commerce (ICC) has taken the initiative to standardize the process across all 25 EU countries.

Until now, companies have had to submit different application forms to each EU member state when asking data protection authorities to approve their Binding Corporate Rules (BCRs) - corporate codes which set measures to ensure data protection in transfers from one country within the EU to a country outside it.

"With input from member companies working with BCRs and feedback from various European authorities, we created this standard application form for BCRs," said Christopher Kuner, Chair of the ICC Task Force on Privacy and Protection of Personal Data. "The same form can be used for approval in all EU member states - that is the main advantage."

Data protection authorities (DPAs) will also benefit from a more coherent, time-saving application process, while individuals will benefit from greater transparency in the drafting of BCR's determining how their personal data is safeguarded, Mr Kuner also noted.

The standardized form has been submitted to the working group of European data protection authorities for discussion. DPAs have already responded favourably. "I welcome this ICC initiative, and hope that it will lead to a more streamlined and efficient procedure for approval of BCRs throughout the EU," said Billy Hawkes, Irish Data Protection Commissioner.

Divided into eight sections, the ICC form guides companies through the application process, ensuring all the necessary information is included, and explains what conditions exist and what obligations need to be met. ICC has already taken a leading role in assisting companies to use BCRs, and published a comprehensive report on binding corporate rules for international transfers of personal data in November 2004.

Click here for a copy of the application form

Click here to view the report on BCRs


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