BCR (Binding Corporate Rules)

Article 47 GDPR — binding corporate data protection rules

Practitioner's note: This article is practice-oriented compliance documentation, not legal advice. We are a compliance specialist, not a law firm. For legally binding information please consult a licensed lawyer.

TL;DR

BCRs are a safeguard instrument for third-country transfers within a corporate group or group of undertakings. They replace SCCs and must be approved by a supervisory authority.

What are BCRs (Binding Corporate Rules)?

Mandatory BCR content (Article 47(2)):

Approval procedure before the lead supervisory authority — typical duration 18-36 months.

Practical example

A global group with 40 subsidiaries wishes to process worldwide HR data centrally. Concluding SCCs with each recipient would be cumbersome. BCR approval by the BfDI in 2023 enables all intra-group EU-to-non-EU transfers within the corporate group.

Frequently asked questions

What does a BCR cost?
Approval procedure without legal counsel: 50-150k EUR of internal effort. With external advisors: 150-500k EUR. Only economically viable from 1,000+ employees upwards.
Is it sufficient for third-country transfers?
Yes, BCRs replace SCCs for intra-group transfers.
Fine for non-compliance?
Article 83(5)(c) — up to EUR 20 million or 4%.

See also