White & Case advises Nestlé on securing regulatory approval of Binding Corporate Rules

Global law firm White & Case LLP has advised Nestlé on the drafting of Binding Corporate Rules and navigating the rigorous process of obtaining regulatory approval from the Commission Nationale de l'Informatique et des Libertés (CNIL), as lead supervisory authority, and the European Data Protection Board (EDPB).

The EDPB's Opinion is available here.

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

Nestlé's BCRs provide a consistent set of rules regarding the transfer and subsequent processing of personal data within the Nestlé group. These rules are reflective of Nestlé's commitment to go above and beyond legal compliance by meeting high standards of data protection. Nestlé's BCRs also provide mechanisms to enable affected data subjects to exercise their rights.

As the approval process for establishing BCRs involves intense regulatory scrutiny, corporate groups that successfully implement BCRs are recognised as affording a high degree of protection for the international transfer of personal data within the group.

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

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