Article 47. Binding corporate rules
(1) The Centre shall approve binding corporate rules, provided that they:
- a) are legally binding and apply to every member concerned of the group of enterprises, or group of enterprises engaged in a joint economic activity, including its employees, and are enforced by the members concerned;
- b) expressly confer enforceable rights on data subjects with regard to the processing of their personal data; and
- c) fulfil the requirements laid down in paragraph (2).
(2) The binding corporate rules referred to in paragraph (1) shall specify at least:
- a) the structure and contact details of the group of enterprises, or group of enterprises engaged in a joint economic activity, and of each of its members;
- b) the data transfers or set of transfers, including the categories of personal data, the type of processing and its purposes, the types of data subjects affected and the identification of the state or states in question;
- c) their legally binding nature, both internally and externally;
- d) the application of the general data protection principles, in particular purpose limitation, data minimisation, limited storage periods, data quality, data protection by design and by default, the legal basis for processing, processing of special categories of personal data, measures to ensure data security, and the requirements in respect of onward transfers to bodies not subject to the binding corporate rules;
- e) the rights of data subjects in regard to processing and the means to exercise those rights, including the right not to be subject to decisions based solely on automated processing, including profiling, in accordance with art. 22, the right to lodge a complaint with the Centre and to bring an action before a court in accordance with art. 74, and the right to obtain redress and, where applicable, compensation for a breach of the binding corporate rules;
- f) the acceptance by the controller or processor established in the territory of the Republic of Moldova of liability for any breach of the binding corporate rules by any member concerned not established in the Republic of Moldova. The controller or the processor shall be exempt from that liability, in whole or in part, only if it proves that that member is not responsible for the event giving rise to the damage;
- g) how the information on the binding corporate rules, in particular on the provisions referred to in points (d)–(f), is provided to the data subjects in addition to the information referred to in art. 13 and 14;
- h) the tasks of any data protection officer designated in accordance with art. 37 or of any other person or entity in charge of monitoring compliance with the binding corporate rules within the group of enterprises, or group of enterprises engaged in a joint economic activity, as well as of monitoring training activities and the examination of complaints;
- i) the procedures for lodging complaints;
- j) the mechanisms within the group of enterprises, or group of enterprises engaged in a joint economic activity, for ensuring the verification of compliance with the binding corporate rules. Such mechanisms shall include data protection audits and methods for ensuring corrective actions to protect the rights of the data subject. The results of such verification shall be communicated to the person or entity referred to in point (h) and to the board of the enterprise exercising control over the group of enterprises, or group of enterprises engaged in a joint economic activity, and shall be made available to the Centre upon request;
- k) the mechanisms for reporting and recording changes to the rules and for reporting those changes to the Centre;
- l) the mechanism for cooperation with the Centre to ensure compliance with the rules by any member of the group of enterprises, or group of enterprises engaged in a joint economic activity, in particular by making available to the Centre the results of verifications of the measures referred to in point (j);
- m) the mechanisms for reporting to the Centre any legal requirements to which a member of the group of enterprises, or group of enterprises engaged in a joint economic activity, is subject in another state and which are likely to have a substantial adverse effect on the safeguards provided by the binding corporate rules; and
- n) suitable data protection training for staff having permanent or regular access to personal data.