12 Amendments of Jakop G. DALUNDE related to 2017/0228(COD)
Amendment 36 #
Proposal for a regulation
Recital 21
Recital 21
(21) In order to take full advantage of the competitive environment, professional users should be able to make informed choices and easily compare the individual components of various data storage or other processing services offered in the internal market, including as to the contractual conditions of porting data upon the termination of a contract. In order to align with the innovation potential of the market and to take into account the experience and expertise of the providers and professional users of data storage or other processing services, the detailed information and operational requirements for data porting should be defined by market players through self- regulation, encouraged and facilitated by the Commission, in the form of Union codes of conduct which may entail model contract terms. These codes of conduct should stipulate that vendor lock-in is not an acceptable business practice, should make use of open standards and open specifications and provide for trust increasing technologies like encryption. Nonetheless, if such codes of conduct are not put in place and effectively implemented within a reasonablethe set period of time, or if there are causes for concern the Commission should review the situation.
Amendment 38 #
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21 a) Where storage or other processing of data is carried out, users should also be allowed to receive data in a structured, commonly used, machine-readable and interoperable format, and to transmit it or have it transmitted directly from one data storage to another or to a processing service. Service providers should be encouraged to develop interoperable formats, making use of open standards and open specifications that enable data portability.
Amendment 41 #
Proposal for a regulation
Recital 24
Recital 24
(24) Enhancing trust in the security of cross-border data storage or other processing should reduce the propensity of market players and the public sector to use data localisation as a proxy for data security. It should also improve the legal certainty for companies on applicable security requirements when outsourcing their data storage or other processing activities, including to service providers in other Member States. For that purpose Member States should avoid intrusive legislation that would put into question the security, integrity or authenticity of the data, and the service providers should deploy state of the art available technologies to implement security-by- design and privacy-by-design policies and practices. Ease of switching providers and data portability are also trust increasing factors and should be ensured.
Amendment 44 #
Proposal for a regulation
Recital 29
Recital 29
(29) This Regulation should be without prejudice to other applicable Regulations on treatment of data, respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, and should be interpreted and applied in accordance with those rights and principles, including the rights to the protection of personal data (Article 8), the freedom to conduct a business (Article 16), and the freedom of expression and information (Article 11).
Amendment 46 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation seeks to ensure the free movement of data other than personal data within the Union by laying down rules relating to data localisation requirements, the availability of data to competent authorities and data porting for professional users.
Amendment 56 #
Proposal for a regulation
Article 3 – paragraph 1 – point 7
Article 3 – paragraph 1 – point 7
7. 'user' means a natural or legal person, including a public sector entity, using or requesting a data storage or other processing service;
Amendment 57 #
Proposal for a regulation
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
Amendment 65 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. The Commission shall encourage and facilitate the development of self- regulatory codes of conduct at Union level, in order tothat define guidelines onand best practices in facilitating the switching of providers and to ensureing that they provide professional usersusers are provided with sufficiently detailed, clear and transparent information before a contract for data storage and processing is concluded, taking due account of open standards to enable interoperability, as regards the following issues:
Amendment 67 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) the processes, technical requirements, timeframes and charges that apply in case a professional user wants to switch to another provider or port data back to its own IT systems, including the processes and location of any data back-up, the available data formats and supports, the required IT configuration and minimum network bandwidth; the time required prior to initiating the porting process and the time during which the data will remain available for porting; and the guarantees for accessing data in the case of the bankruptcy of the provider; and
Amendment 68 #
Proposal for a regulation
Article 6 – paragraph 1 – point a a (new)
Article 6 – paragraph 1 – point a a (new)
(a a) best practices facilitating the switching of providers or porting data to a user’s own IT systems, using structured, common and machine-readable formats, including a possibility to fall-back to open standard formats where required or requested by the recipient, and allowing sufficient time for users to switch or port the data; and
Amendment 69 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1 a. The codes of conduct shall provide for removal of barriers that limit the data mobility, promote the use of open standards and open specifications and provide for trust increasing technologies.
Amendment 73 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The Commission shall review the development and effective implementation of such codes of conduct and the effective provision of information by providers no later than two years after the start of application of this Regulation. If such codes of conduct are not put in place and effectively implemented within the set period of time, or if there are causes for concern after proper review the Commission can intervene and set minimal guidance through implementing act.