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Binding Corporate RulesCorporate Self-Regulation of Global Data Transfers$
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Lokke Moerel

Print publication date: 2012

Print ISBN-13: 9780199662913

Published to Oxford Scholarship Online: September 2012

DOI: 10.1093/acprof:oso/9780199662913.001.0001

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BCR and Contract Law

BCR and Contract Law

Chapter:
(p.131) 7 BCR and Contract Law
Source:
Binding Corporate Rules
Author(s):

Lokke Moerel

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199662913.003.0007

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.

Keywords:   Transnational Private Regulation, beneficiaries, supply chain management, enforceability, unilateral undertakings

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