Unlocking the Potential of Binding Corporate Rules (BCRs) in Health Data Transfers

Abstract

This chapter explores the essential role of Binding Corporate Rules (BCRs) in managing and facilitating secure health data transfers within corporate groups under the EU General Data Protection Regulation (GDPR). BCRs are tailored to ensure compliance with the GDPR and similar international data protection laws, presenting a flexible mechanism for transferring sensitive health and genomic data. The chapter situates BCRs within the broader spectrum of GDPR’s international data transfer mechanisms, addressing the unique challenges posed by the sensitive nature of health data and the increased adoption of AI technologies. The European Data Protection Board (EDPB) Recommendations 1/2022 on BCRs, issued following the Schrems II decision, are critically analyzed, highlighting their stringent requirements and the need for a balanced approach that prioritizes data protection and an AI governance framework. The chapter outlines the BCR approval process, stressing the importance of streamlining this process to encourage broader adoption. It underscores the necessity of a multidisciplinary approach in developing BCRs, incorporating recently adopted international standards and frameworks, which offer valuable guidance for organizations to build trustworthy AI management systems. They guarantee the ethical development, deployment, and operation of AI, which is essential for its successful integration and the broader digital transformation. In conclusion, BCRs are positioned as essential tools for secure health data management, fostering transparency, accountability, and collaboration across international borders. The chapter calls for proactive measures to incentivize BCR adoption, streamline approval processes, and promote more innovative approaches, ensuring BCRs remain a robust mechanism for global data protection and compliance.