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May 28, 2023

EU Binding Corporate Rules authorised under Article 26(2) of Directive 95/46/EC

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Holders of EU BCRs for which Information Commissioner issued an authorisation under Directive 95/46/EC were automatically eligible for a UK BCR under paragraph 9, Part 3, Schedule 21 to the DPA 2018 (as amended from 1 January 2021).

These organisations have been permitted to rely on a UK BCR as a valid transfer tool since 1 January 2021 subject to:

We have published a list of those organisations that were automatically entitled to a UK BCR pursuant to paragraph 9, Part 3, Schedule 21 to the DPA 2018 and have affirmed that they seek a UK BCR.

Any organisations who fit into the above category who do not appear on the list and want UK BCRs should contact the ICO via [email protected] without delay.

Where organisations have submitted the required documentation already, ICO is currently in the process of reviewing and will be in touch in due course in respect of the amendments made.

Where documentation has not yet been provided, we would encourage organisations to submit this as soon as possible.

If the amended documentation is not provided to ICO's satisfaction or at all, the Information Commissioner may revoke the authorisation both under the Directive 95/46/EC and, consequently, the 2019 Regulations as specified above.