Jurisdiction(s):
European Union

EU GDPR Binding Corporate Rules: controller and processor BCRs, Schrems II, EDPB guidance, and practical steps for cross-border transfers, approval, liability and enforcement

Published by a LexisNexis EU Law expert

Practice notes

FORTHCOMING CHANGE:

On 15 January 2026, the European Data Protection Board put out for public consultation its Recommendations 1/2026 on applications for approval and on the core elements and principles to be included in Processor Binding Corporate Rules (Article 47 GDPR). These Recommendations annul and supersede—while substantively building on—in particular Working Party Guidance WP 257 rev.01 (Working Document on BCRs for processors) and Working Party Guidance WP 265 (Recommendation on the Standard Application form for Approval of Processor Binding Corporate Rules for the Transfer of Personal Data). The consultation runs until 2 March 2026, with the text taking effect upon publication of the final version following the public consultation process. For further details, see Practice Note: EU GDPR—EDPB supranational level guidance tracker. This Practice Note addresses Binding Corporate Rules (BCRs) as one of the mechanisms that permits the transfer of personal data outside the EEA in line with Chapter V of the EU’s General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR). In brief, BCRs allow corporate groups to evidence suitable safeguards when making intra-group international personal data transfers. As outlined further in Practice Note: EU GDPR—transfers of personal...

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Nuria Pastor , CIPP/E

Fieldfisher

Nuria is a UK based Director in Fieldfisher's Data & Privacy team. She has advised global organisations on data protection compliance matters for over 20 years. She provides strategic advice, including acting as DPO to some clients. Nuria advises global clients rolling out their products and services into the UK and EEA markets as well as UK and EEA based clients. She has a particular interest and experience in advising clients on new product roll out risk assessments, including for products incorporating AI/Gen AI technologies. Nuria has extensive experience in advising on international data transfers matters including the deployment of SCCs and the application for DPF and UK and EU BCRs. Nuria supports clients handling personal data security breaches, data subject requests and regulatory investigations. Nuria works for a varied range of clients and sectors with a focus on life sciences and digital health and...

Anna Rawlinson

Fieldfisher

Anna is a Senior Associate in Fieldfisher's Privacy, Outsourcing and Technology team. She advises on a wide range of data protection issues in various commercial context, including comprehensive data protection compliance, data processing and data sharing arrangements, cross-border data transfers, DPIAs, data breaches, data protection issues in corporate transactions, as well as data audits, information rights and e-marketing. She is a member and contributor of the International Association of Privacy Professionals and holds CIPP/E and CIPM certifications. Anna has a broader corporate background, including roles as a corporate associate at a top tier City law firm and an in-house secondee at a major U.S. energy company. Before qualifying as a solicitor in the UK, Anna worked as a legal adviser in Poland and holds PhD in civil law....

Web page updated on 21/05/2026

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