Lokke Moerel
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199662913
- eISBN:
- 9780191746208
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199662913.003.0010
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter evaluates Binding Corporate Rules (BCR) as a form of Transnational Private Regulation. This concerns the issue of how to best regulate BCR as a form of TPR. In the EU, the discipline of ...
More
This chapter evaluates Binding Corporate Rules (BCR) as a form of Transnational Private Regulation. This concerns the issue of how to best regulate BCR as a form of TPR. In the EU, the discipline of how best to regulate has become known as ‘Better Regulation’ (BR). The chapter evaluates BCR from the perspective of BR as to whether the norm-setting for BCR meets the basic requirements for EU law-making, for instance, with regards to requirements of participation and transparency; and whether BCR (qualifying as co-regulation) regulating data protection (qualifying as a human right and freedom), concern an area of law which is traditionally not considered suitable by EU regulators to be regulated by co- or self-regulation. Proposals are made to bring the BCR norm-setting, evaluation/monitoring, and enforcement in line with the body of thought on BR.Less
This chapter evaluates Binding Corporate Rules (BCR) as a form of Transnational Private Regulation. This concerns the issue of how to best regulate BCR as a form of TPR. In the EU, the discipline of how best to regulate has become known as ‘Better Regulation’ (BR). The chapter evaluates BCR from the perspective of BR as to whether the norm-setting for BCR meets the basic requirements for EU law-making, for instance, with regards to requirements of participation and transparency; and whether BCR (qualifying as co-regulation) regulating data protection (qualifying as a human right and freedom), concern an area of law which is traditionally not considered suitable by EU regulators to be regulated by co- or self-regulation. Proposals are made to bring the BCR norm-setting, evaluation/monitoring, and enforcement in line with the body of thought on BR.
Lokke Moerel
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199662913
- eISBN:
- 9780191746208
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199662913.003.0007
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter discusses some contractual issues in light of the requirement that Binding Corporate Rules (BCR) should be internally binding on the group companies and employees of the multinational, ...
More
This chapter discusses some contractual issues in light of the requirement that Binding Corporate Rules (BCR) should be internally binding on the group companies and employees of the multinational, and externally binding for the benefit of the beneficiaries of BCR. The latter requires discussion of the enforceability of unilateral undertakings by the beneficiaries of BCR. Transnational Private Regulation (TPR) is often effectuated through contractual ‘supply chain management’, a solution which is also part of the BCR regime. Supply chain management also raises issues of enforceability by the beneficiaries of these contracts, which are of equal relevance to BCR. How the various supply chain issues can be best addressed in BCR is discussed.Less
This chapter discusses some contractual issues in light of the requirement that Binding Corporate Rules (BCR) should be internally binding on the group companies and employees of the multinational, and externally binding for the benefit of the beneficiaries of BCR. The latter requires discussion of the enforceability of unilateral undertakings by the beneficiaries of BCR. Transnational Private Regulation (TPR) is often effectuated through contractual ‘supply chain management’, a solution which is also part of the BCR regime. Supply chain management also raises issues of enforceability by the beneficiaries of these contracts, which are of equal relevance to BCR. How the various supply chain issues can be best addressed in BCR is discussed.
