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Activities of Mylène TROSZCZYNSKI related to 2017/0228(COD)

Plenary speeches (1)

Free flow of non-personal data in the European Union (debate) FR
2016/11/22
Dossiers: 2017/0228(COD)

Amendments (9)

Amendment 43 #
Mylène TROSZCZYNSKI
Proposal for a regulation
Recital 2
(2) Data value chains are built on different data activities: data creation and collection; data aggregation and organisation; data storage and processing; data analysis, marketing and distribution; use and re-use of data. The effective and efficient functioning of data storage and other processing is a fundamental building block in any data value chain. However, such effective and efficient functioning and the development of the data economy in the Union are hampered, in particular, by two types of obstacles to data mobility and to the internal market.
2018/04/09
Committee: IMCO
Amendment 48 #
Mylène TROSZCZYNSKI
Proposal for a regulation
Recital 3
(3) The freedom of establishment and the freedom to provide services authorised under the Treaty on the Functioning of the European Union apply to data storage or other processing services. However, tThe provision of those services is hampered or sometimes preventcan, however, be hampered by certain national requirements to locate data in a specific territory.
2018/04/09
Committee: IMCO
Amendment 54 #
Mylène TROSZCZYNSKI
Proposal for a regulation
Recital 4
(4) Such obstacleexceptions to the free movement of data storage or other processing services and to the right of establishment of data storage or other processing providers originate from requirements in the national laws of Member States to locate data in a specific geographical area or territory for the purpose of storage or other processing. Other rules or administrative practices have an equivalent effect by imposing specific requirements which make it more difficult to store or otherwise process data outside a specific geographical area or territory within the Union, such as requirements to use technological facilities that are certified or approved within a specific Member State. Legal uncertainty as to the extent of legitimate and illegitimate data localisation requirements furthercan limits the choices available to market players and to the public sector regarding the location of data storage or other processing.
2018/04/09
Committee: IMCO
Amendment 55 #
Mylène TROSZCZYNSKI
Proposal for a regulation
Recital 5
(5) At the same time, data mobility in the Union iscan also be inhibited by non-mandatory private restrictions: legal, contractual and technical issues hindering or preventing users of data storage or other processing services from porting their data from one service provider to another or back to their own IT systems, not least upon termination of their contract with a service provider.
2018/04/09
Committee: IMCO
Amendment 57 #
Mylène TROSZCZYNSKI
Proposal for a regulation
Recital 6
(6) For reasons of legal certainty and the need for a level playing field within the Union, a single set of rules for all market participants is a key element for the functioning of the internal market. In order to remove obstacles to trade and distortions of competition resulting from divergences between national laws and to prevent the emergence of further likely obstacles to trade and significant distortions of competition, it is therefore necessary to adopt uniform rules applicable in all Member States.
2018/04/09
Committee: IMCO
Amendment 69 #
Mylène TROSZCZYNSKI
Proposal for a regulation
Recital 10
(10) Under Regulation (EU) 2016/679, Member States may neither restrict nor prohibit the free movement of personal data within the Union for reasons connected with the protection of natural persons with regard to the processing of personal data. This Regulation establishes the same principle of free movement within the Union for non-personal data except when a restriction or a prohibition would be justified for security reasons.deleted
2018/04/09
Committee: IMCO
Amendment 86 #
Mylène TROSZCZYNSKI
Proposal for a regulation
Recital 12
(12) Data localisation requirements represent a clear barrier to the free provision of data storage or other processing services across the Union and to the internal market. As such, they should be banned unless they are justified based on the grounds of public security, as defined by Union law, in particular Article 52 of the Treaty on the Functioning of the European Union, and satisfy the principle of proportionality enshrined in Article 5 of the Treaty on European Union. In order to give effect to the principle of free flow of non-personal data across borders, to ensure the swift removal of existing data localisation requirements and to enable for operational reasons storage or other processing of data in multiple locations across the EU, and since this Regulation provides for measures to ensure data availability for regulatory control purposes, Member States should not be able to invoke justifications other than public security.deleted
2018/04/09
Committee: IMCO
Amendment 96 #
Mylène TROSZCZYNSKI
Proposal for a regulation
Recital 13
(13) In order to ensure the effective application of the principle of free flow of non-personal data across borders, and to prevent the emergence of new barriers to the smooth functioning of the internal market, Member States should notify to the Commission any draft act that contains a new data localisation requirement or modifies an existing data localisation requirement. Those notifications should be submitted and assessed in accordance with the procedure laid down in Directive (EU) 2015/153533. _________________ 33Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (OJ L 241, 17.9.2015, p. 1).deleted
2018/04/09
Committee: IMCO
Amendment 99 #
Mylène TROSZCZYNSKI
Proposal for a regulation
Recital 14
(14) Moreover, in order to eliminate potential existing barriers, during a transitional period of 12 months, Member States should carry out a review of existing national data localisation requirements and notify to the Commission, together with a justification, any data localisation requirement that they consider being in compliance with this Regulation. These notifications should enable the Commission to assess the compliance of any remaining data localisation requirements.deleted
2018/04/09
Committee: IMCO
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