Monitor Prawniczy

no. 6/2015

The binding rules and mutual recognition in the 2015 amendment to the Personal Data Protection Act and supports to the effective functioning of that instrument

Bogdan Fischer
Pracownik naukowy Uniwersytetu Jagiellońskiego, radca prawny, partner w Kancelarii Prawnej Chałas i Wspólnicy.
Abstract

The article attempts to answer the question whether the binding corporate rules as self-regulation are subject to strict construction conditions or whether they are characterized by a considerable degree of arbitrariness while the requirements are limited to the necessary minimum, and to what extent the changes introduced by the 2015 amendment consolidated the role of that instrument. In that context the application of the mutual recognition principle in the relevant area has been discussed, leading to the assessment of the solution laid down by the latest amendment. The analysis of that solution is to be both an example of and a contribution to the broader context of deliberations concerning the consequences of administrative acts issued by Polish administrative authorities in other EU Member States and of the acts of administrative authorities of other Member States in Poland.