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Binding Corporate RulesCorporate Self-Regulation of Global Data Transfers$
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Lokke Moerel

Print publication date: 2012

Print ISBN-13: 9780199662913

Published to Oxford Scholarship Online: September 2012

DOI: 10.1093/acprof:oso/9780199662913.001.0001

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BCR as a Form of Transnational Private Regulation

BCR as a Form of Transnational Private Regulation

(p.228) 10 BCR as a Form of Transnational Private Regulation
Binding Corporate Rules

Lokke Moerel

Oxford University Press

This chapter evaluates Binding Corporate Rules (BCR) as a form of Transnational Private Regulation. This concerns the issue of how to best regulate BCR as a form of TPR. In the EU, the discipline of how best to regulate has become known as ‘Better Regulation’ (BR). The chapter evaluates BCR from the perspective of BR as to whether the norm-setting for BCR meets the basic requirements for EU law-making, for instance, with regards to requirements of participation and transparency; and whether BCR (qualifying as co-regulation) regulating data protection (qualifying as a human right and freedom), concern an area of law which is traditionally not considered suitable by EU regulators to be regulated by co- or self-regulation. Proposals are made to bring the BCR norm-setting, evaluation/monitoring, and enforcement in line with the body of thought on BR.

Keywords:   Transnational Private Regulation, co-regulation, self-regulation, Better Regulation, enforcement

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