Privacy & Information Security Law Blog

The Agency of Access to Public Information (Agencia de Acceso a la Información Pública) (“AAIP”) has approved a set of guidelines for binding corporate rules (“BCRs”), a mechanism that multinational companies may use in cross-border data transfers to affiliates in countries with inadequate data protection regimes under the AAIP.

As reported by IAPP, pursuant to Regulation No. 159/2018, published December 7, 2018, the guidelines require BCRs to bind all members of a corporate group, including employees, subcontractors and third-party beneficiaries. Members of the corporate group must be jointly liable to the data subject and the supervisory authority for any violation of the BCRs.

Other requirements include:

• restrictions on the processing of special categories of personal data and on the creation of files containing personal data relating to criminal convictions and offenses;
• protections such as providing for the right to object to the processing of personal data for the purpose of unsolicited direct marketing;
• complaint procedures for data subjects that include the ability to institute a judicial or administrative complaint using their local venue; and
• data protection training to personnel in charge of data processing activities.

BCRs also should contemplate the application of general data protection principles, especially the legal basis for processing, data quality, purpose limitation, transparency, security and confidentiality, the data subjects’ rights, and the restriction to subsequent cross-border data transfer to non-adequate jurisdictions. BCRs that do not reflect the guidelines’ provisions must submit the relevant material to the AAIP for approval within 30 calendar days from the date of transfer. Approval is not required if BCRs that track the guidelines are used.