EvidenceSheet

Art.47 Binding corporate rules

Binding corporate rules must be approved by the competent supervisory authority under the consistency mechanism, must be legally binding on and enforced by every member of the group including its employees, and must expressly confer enforceable rights on data subjects. They must specify at least the structure and contact details of the group and each member, the transfers and data covered, their legally binding nature internally and externally, the application of the general data protection principles, the rights of data subjects and the means to exercise them, the acceptance by the Union established member of liability for breaches by members outside the Union, how information about the rules is provided to data subjects, the tasks of the data protection officer or other monitoring role, the complaint procedures, the verification mechanisms including data protection audits and corrective action, the mechanisms for reporting and recording changes to the rules and reporting them to the authority, the cooperation mechanism with the supervisory authority, the mechanism for reporting third country legal requirements likely to have a substantial adverse effect on the guarantees given, and appropriate data protection training for personnel with permanent or regular access to personal data.

Source: GDPR, Art.47. The statement above is our statement of the clause, read from the published text and cited so you can check it against the official text, not the instrument verbatim. Open GDPR in the compliance library.

Many articles apply only where their condition is met (a data protection officer under Article 37, an impact assessment under Article 35, a representative under Article 27); the condition is in each statement.

5
artefacts
1
held by a system
2
at each review
hard
to go live
Regulator portal / correspondence
where the evidence lives
teal = a system already holds it · olive = produced at each review. To go live: easy when half or more of the artefacts are already held by a system, moderate from a quarter to a half, hard below a quarter.

These are the artefacts auditors commonly ask for on this requirement, our guidance rather than text from the standard. Your assessor decides what is sufficient in your context, and asks for samples across the period when a report covers one.

system holds itEvidence a system already holds

  • The change log for the rules and for group membership, and evidence changes were reported to the supervisory authority as the rules require · Regulator portal / correspondence

periodic reviewEvidence produced at each review

  • The approval decision from the competent supervisory authority and the approved text as it currently stands · Regulator portal / correspondence
  • Training records for personnel with permanent or regular access, and the complaint handling records operated under the rules · HR system / LMS

governing documentDocuments that govern the control

  • The internal instrument making the rules binding on each group member and on employees, such as an intra-group agreement and employment terms · HR system / LMS
  • The audit programme the rules commit to, with completed audits, findings and corrective actions closed · Policy repository / GRC workspace

First move

Mostly documents and reviews. Pull the 1 system-held artefact from your Regulator portal / correspondence on a schedule; put the documents under version control with an owner and review date, and log each review as a dated record with a named reviewer.

Common gaps auditors find

Do this for your whole sheet

Paste the rows you run your controls from and get this mapping for every control at once, with the periodic-review ones flagged and a first move per row. No account for the first run.

Build my evidence sheet

Art.46 Transfers subject to appropriate safeguards · Art.48 Transfers or disclosures not authorised by Union law