Comments on Working Papers 256 and 257 on Binding Corporate Rules and Processor Binding Corporate Rules (BCRs)

Bitkom welcomes the opportunity to comment on the Art. 29 Working Group’s (WP29) Draft Guidelines on Binding Corporate Rules for Controllers (WP256) and for Processors (WP257). We believe that more cooperation and exchange between data protection authorities and practitioners is needed to translate the legal text of the GDPR into practice and reduce legal uncertainty. We would like to use this opportunity to voice out concerns whether all of the obligations outlined in the working papers actually have a basis in the European Data Protection Regulation (GDPR). In addition to these concerns we think that further differentiation between different BCR constellations is needed in order to concretize the obligations outlined in the GDPR.