White & Case advises Nestlé on obtaining regulatory approval for Binding Corporate Rules

Global law firm White & Case LLP advised Nestlé in developing the Binding Corporate Rules and managing the rigorous process of obtaining regulatory approval from the Commission Nationale de l’Informatique et des Libertés (CNIL), as the lead supervisory authority, and the European Data Protection Authority ( EDPB).

The EDPB opinion is available here.

Binding Corporate Rules (BCRs) provide a robust data transfer mechanism under Art. 47 of the General Data Protection Regulation (GDPR). BCRs provide a lawful mechanism for the seamless transfer of personal data within the group under the GDPR.

The Nestlé BCRs provide a consistent set of principles regarding the transfer and subsequent processing of personal data within the Nestlé group. These principles reflect Nestlé’s commitment to go beyond legal compliance by meeting high standards of data protection. Nestlé’s BCR Principles also provide mechanisms to enable data subjects to exercise their rights.

Because the approval process for the establishment of a BCR involves intense regulatory scrutiny, corporate groups that successfully implement a BCR are considered to provide a high degree of protection for the international transfer of personal data within the group.

The White & Case team advising on the transaction was led by partners Tim Hickman (London), Detlev Gabel (Frankfurt) and Clara Hainsdorf (Paris).

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