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Easier implementation of Binding Corporate Rules after eBay's and other recent successes – Michael Lee

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eBay secures binding corporate rules by partnering with outside counsel Alan Noy (Luxembourg) and working directly with the Luxembourg CNPD, using the Article 29 framework as a skeleton while adapting clauses to real operations. Key hurdles include third‑party liability clauses, clarifying who the data controllers are and where processing occurs, and making commitments legally binding across jurisdictions; resolution comes from face‑to‑face negotiation and folding BCR obligations into the company’s Code of Business Conduct, a process taking about 1–5 years.

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