Rammeverk for fri flyt av ikke-persondata


Forslag til europaparlaments- og rådsforordning om et rammeverk for fri flyt av ikke-persondata i Den europeiske union

Proposal for Regulation of the European Parliament and of the Council on a framework for the free flow of non-personal data in the European Union

Siste nytt

Dansk departementsnotat offentliggjort 2.11.2017

Nærmere omtale

{Red.anm.: Forslaget er av Kommisjonen ikke merket som EØS-relevant tekst.]

BAKGRUNN (fra kommisjonsforslaget, engelsk utgave)

Reasons for and objectives of the proposal

New digital technologies, such as cloud computing, big data, artificial intelligence and the Internet of Things (IoT) are designed to maximise efficiency, enable economies of scale and develop new services. They offer benefits to users, such as agility, productivity, speed of deployment and autonomy, e.g. through machine learning.

As indicated in the 2017 Communication "Building a European Data Economy", the value of the EU data market was estimated in 2016 at almost EUR 60 billion, showing a growth of 9.5% compared to 2015. According to a study, the EU data market could potentially amount to more than EUR 106 billion in 2020.

To unlock this potential, the proposal aims to address the following issues:

· Improving the mobility of non-personal data across borders in the single market, which is limited today in many Member States by localisation restrictions or legal uncertainty in the market;

· Ensuring that the powers of competent authorities to request and receive access to data for regulatory control purposes, such as for inspection and audit, remain unaffected; and

· Making it easier for professional users of data storage or other processing services to switch service providers and to port data, while not creating an excessive burden on service providers or distorting the market.

The Mid-Term Review on the implementation of the Digital Single Market Strategy (DSM Strategy) announced a legislative proposal on a EU free flow of data cooperation framework.

The general policy objective of the initiative is to achieve a more competitive and integrated internal market for data storage and other processing services and activities by addressing the above areas. In this proposal, data storage and other processing is used in a broad sense, encompassing the usage of all types of IT systems, whether located on the premises of the user or outsourced to a data storage or other processing service provider.

• Consistency with existing policy provisions in the policy area

The proposal pursues the objectives set out in the DSM Strategy, its recent mid-term review, as well as the Political Guidelines for the current European Commission "A New Start for Europe: My Agenda for Jobs, Growth, Fairness and Democratic Change".

This proposal focuses on provision of data hosting (storage) and other processing services, and is coherent with existing legal instruments. The initiative pursues the creation of an effective EU single market for such services. It is thus consistent with the E-commerce Directive which aims at a comprehensive and effective EU single market for the broader categories of information society services, and with the Services Directive which furthers the deepening of the EU single market for services in a number of sectors.

A number of relevant sectors are expressly excluded from the ambit of application of such legislation (i.e. E-commerce and Services Directives), so that only the general provisions of the Treaty would be applicable to the totality of data hosting (storage) and other processing services. However, the existing barriers to these services cannot be effectively removed solely by relying on direct application of Articles 49 and 56 of the Treaty on the Functioning of the European Union (TFEU), since, on the one hand, addressing them on a case-by-case basis through infringement procedures against the Member States concerned would be extremely complicated for national and Union institutions, and, on the other hand, the lifting of many barriers requires specific rules tackling not only public but also private barriers and calls for the setting up of administrative cooperation. Moreover, the ensuing enhancement of legal certainty seems to be particularly important for users of new technologies.

Since this proposal concerns electronic data other than personal data, it does not affect the Union data protection legal framework, in particular Regulation 2016/679 (GDPR), Directive 2016/680 (Police Directive) and Directive 2002/58/EC (ePrivacy Directive), which ensure a high level of protection for personal data and the free movement of personal data within the Union. Together with that legal framework, the proposal aims to put in place a comprehensive and coherent EU framework enabling free movement of data in the single market.

The proposal will require the notification of draft measures on data localisation under the Transparency Directive 2015/1535 for enabling the assessment whether such localisation restrictions are justified.

Regarding cooperation and mutual assistance between competent authorities, the proposal foresees that all such mechanisms should apply. Where no cooperation mechanisms exist, the proposal introduces measures aimed at enabling competent authorities to exchange and access data stored or otherwise processed in other Member States.



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