We recently reported on the amendments to the Hungarian General Data Protection Act (Act 112 of 2011 on Informational Self-determination and Freedom of Information, the "Info Act"), which will come into force on 1 October 2015. One of the key amendments concerns the introduction of Binding Corporate Rules (BCRs) to Hungarian law.

The Hungarian Data Protection Authority (NAIH) has published its guidelines on BCRs on its website (available in Hungarian only).

The guidelines contain three scenarios:

(1)    NAIH taking the role of lead authority

The applicant should

  • pay the fee*
  • fill in and submit NAIH's form in Hungarian
  • fill in and submit WP 133 form in English
  • submit a draft BCR in both English and Hungarian

The NAIH will review the draft and forward it to other designated authorities, and if they also approve the draft then the NAIH will approve the BCRs, in which case the applicant may proceed with final (formal) approval in each Member Sate under national provisions 

(2)    The NAIH participating in an approval procedure led by another authority

The NAIH will review the draft received from the lead authority in another Member State and send its comments or confirm the draft; once the lead authority has approved the BCR it will send it to the NAIH. After this the applicant will be in a position to proceed with the next steps:

  • pay the fee*
  • fill in and submit NAIH's form in Hungarian
  • fill in and submit WP 133 form in English
  • submit the final text of the BCR in both English and Hungarian

The NAIH will check only formal requirements, but will not do a thorough review of the final BCR. 

(3)    "Extension" of an existing BCR already approved by another authority or authorities before 1 October 2015 to Hungary

The applicant should

  • pay the fee*
  • fill in and submit NAIH's form in Hungarian
  • submit the text of the existing BCR in both English and Hungarian
  • provide data in relation to the earlier approval of the BCRs of a Data Protection Authority of another Member State

The NAIH will check only formal requirements, but will not do a thorough review of the existing BCRs.