Amendment LIBE #2349

Article 38+

employees; (b) expressly confer enforceable rights on data subjects; (c) fulfil the requirements laid down in paragraph 2. 2. The Article 38b Binding corporate rules 1. The competent supervisory authority shall authorize through a single act of approval binding corporate rules shall at least specify: (a) the structure and contact details of the for a group of undertakings and its members; (b) the data transfers or set of transfers, including the categories of personal data, the type of processing and its purposes, the type of data subjects affected and the identification of the third country or countries in question; (c) their. These rules will allow multiple intercompany international transfers in and out of Europe, provided that they: (a) are legally binding nature, both internally and externally; (d) the general data protection principles, in particular purpose limitation, data quality, legal basis for the processing, processing of sensitive personal data; measures to ensure data security; and the requirements for onward transfers to organisations which are not bound by the policies; (e) the rights of data subjects and the means to exercise these rights, including the right not to be subject to a measure based on profiling in accordance with Article 20, the right to lodge a complaint before the competent supervisory authority and before the competent courts of the Member States in accordance with Article 75, and to obtain redress and, where appropriate, compensation for a breach of the binding corporate rules; (f) the acceptance by the controllerand apply to and are enforced by every member within the controller's or processor established on the territory of a Member State of liability for any breaches of the binding corporate rules by any member of the 's group of undertakings not established in the Union; the controller or the processor may only be exempted from this liability, in whole or in part, if he proves that that member is not responsible for the event giving rise to the damage; (g) how the information on the binding corporate rules, in particular on the provisions referred to in points (d), (e) and (f) of this paragraph is provided to the data subjects in accordance with Article 11; (h) the tasks of the data protection officer designated in accordance with Article 35, including monitoring within the group of undertakings the compliance with the , and include their of information by electronic means between controllers, processors and supervisory authorities for binding corporate rules, as well as monitoring the training and complaint handling; (i) the mechanisms within the group of undertakings aiming at ensuring the verification of compliance with the binding corporate rules; (j) the mechanisms for reporting and recording changes to the policies and reporting these changes to the supervisory authority; (k) the co-operation mechanism with the supervisory authority to ensure compliance by any member of the group of undertakings, in particular by making available to the supervisory authority the results of the verifications of the measures referred to in point (i) of this paragraph. 3. The Commissionmeaning of this Article. Those implementing acts shall be empowered to adopt delegated acts adopted in accordance with Article 86 for the purpose of further specifying the criteria and requirements for binding corporate rules within the meaning of this Article, in particular as regards the criteria for their approval, the application of points (b), (d), (e) and (f) of paragraph 2 to binding corporate rules adhered to by processors and on further necessary requirements to ensure the protection of personal data of the data subjects concerned. 4. The Commission may specify the format and procedures for the exchangethe examination procedure set out in Article 87(2).

Current Data Privacy Rating is : weaker    Axel Voss Germany EPP


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