EU Binding Corporate Rules For Transferring Data: A Comparison of US Law, EU Law, and Soon-To-Be EU Law

In the United States companies are permitted to transfer personal information – including sensitive personal information – as needed between their offices, locations, and corporate affiliates. For example, there are no restrictions that prevent a company from sending personal information collected within the US to a company data center located outside of the US. In the European Union, the EU Data Protection Directive 95/46/EC (the “Directive”) creates a legal framework for the national data protection laws in each EU member state. The Directive states that personal data may only be transferred to countries outside the EU when an adequate level of protection is guaranteed. …

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