{"change_dates":[],"dossier":{"amendments":[{"authors":"Nadine Morano","changes":{},"committee":["ITRE"],"date":"2018-02-27T00:00:00","id":"PE618.302-24","location":[["Proposal for a regulation","Recital 5"]],"meps":[72779],"meta":{"created":"2019-07-03T06:30:01"},"new":["(5) At the same time, data mobility in","the Union is also inhibited by private","restrictions: legal, contractual and technical","uncertainties 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."],"old":["(5) At the same time, data mobility in","the Union is also inhibited by 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."],"orig_lang":"fr","peid":"PE618.302v01-00","reference":"2017/0228(COD)","seq":"24","src":"http://www.europarl.europa.eu/doceo/document/ITRE-AM-618302_EN.pdf"},{"authors":"R\u0103zvan Popa","changes":{},"committee":["ITRE"],"date":"2018-02-27T00:00:00","id":"PE618.302-25","location":[["Proposal for a regulation","Recital 7"]],"meps":[189490],"meta":{"created":"2019-07-03T06:30:01"},"new":["(7) In order to create a framework for","the free movement of non-personal data in","the Union and the foundation for","developing the data economy and","enhancing the competitiveness of European","industry, it is necessary to lay down a","clear, comprehensive and predictable legal","framework for storage or other processing","of data other than personal data in the","internal market. A principle-based","approach providing for cooperation among","Member States as well as self-regulation","should ensure that the framework is","flexible, also with regard to the","organisation of data management and","analysis at national and intra-community","level, so that it can take into account the","evolving needs of users, providers and","national authorities in the Union. In order","to avoid the risk of overlaps with existing","mechanisms and hence to avoid higher","burdens both for Member States and","businesses, detailed technical rules should","not be established."],"old":["(7) In order to create a framework for","the free movement of non-personal data in","the Union and the foundation for","developing the data economy and","enhancing the competitiveness of European","industry, it is necessary to lay down a","clear, comprehensive and predictable legal","framework for storage or other processing","of data other than personal data in the","internal market. A principle-based","approach providing for cooperation among","Member States as well as self-regulation","should ensure that the framework is","flexible so that it can take into account the","evolving needs of users, providers and","national authorities in the Union. In order","to avoid the risk of overlaps with existing","mechanisms and hence to avoid higher","burdens both for Member States and","businesses, detailed technical rules should","not be established."],"orig_lang":"ro","peid":"PE618.302v01-00","reference":"2017/0228(COD)","seq":"25","src":"http://www.europarl.europa.eu/doceo/document/ITRE-AM-618302_EN.pdf"},{"authors":" Esther de Lange","changes":{},"committee":["ITRE"],"date":"2018-02-27T00:00:00","id":"PE618.302-26","location":[[" Proposal for a regulation","Recital 7"]],"meps":[38398],"meta":{"created":"2019-07-03T06:30:01"},"new":["(7) In order to create a framework for","the free movement of non-personal data in","the Union and the foundation for","developing the data economy and","enhancing the competitiveness of European","industry, it is necessary to lay down a","clear, comprehensive and predictable legal","framework for storage or other processing","of data other than personal data in the","internal market, taking into account","existing cooperation mechanisms between","Member States. A principle-based","approach providing for cooperation among","Member States as well as self-regulation","should ensure that the framework is","flexible so that it can take into account the","evolving needs of users, providers and","national authorities in the Union. In order","to avoid the risk of overlaps with existing","mechanisms and hence to avoid higher","burdens both for Member States and","businesses, detailed technical rules should","not be established."],"old":["(7) In order to create a framework for","the free movement of non-personal data in","the Union and the foundation for","developing the data economy and","enhancing the competitiveness of European","industry, it is necessary to lay down a","clear, comprehensive and predictable legal","framework for storage or other processing","of data other than personal data in the","internal market. A principle-based","approach providing for cooperation among","Member States as well as self-regulation","should ensure that the framework is","flexible so that it can take into account the","evolving needs of users, providers and","national authorities in the Union. In order","to avoid the risk of overlaps with existing","mechanisms and hence to avoid higher","burdens both for Member States and","businesses, detailed technical rules should","not be established."],"orig_lang":"en","peid":"PE618.302v01-00","reference":"2017/0228(COD)","seq":"26","src":"http://www.europarl.europa.eu/doceo/document/ITRE-AM-618302_EN.pdf"},{"authors":" Henna Virkkunen, Gunnar H\u00f6kmark, Micha\u0142 Boni, Anna Maria Corazza Bildt, Kri\u0161j\u0101nis Kari\u0146\u0161, Pilar del Castillo Vera","changes":{},"committee":["ITRE"],"date":"2018-02-27T00:00:00","id":"PE618.302-27","justification":"Public sector should lead by example.","location":[[" Proposal for a regulation","Recital 7 a (new)"]],"meps":[124726,28124,124896,96674,96901,28390],"meta":{"created":"2019-07-03T06:30:01"},"new":["(7 a) Like businesses and consumers,","the public authorities and bodies of","Member States stand to benefit from","increased freedom of choice regarding","data-driven service providers, from more","competitive prices and more efficient","provision of services to citizens. Given the","large amounts of data that public","authorities and bodies handle, it is of the","utmost importance that they lead by","example in take-up of data-processing","services and refrain from making any","unjustified data localisation restrictions","when they make use of private-sector","data-processing services. Therefore public","authorities and bodies should also be","covered by this Regulation."],"orig_lang":"en","peid":"PE618.302v01-00","reference":"2017/0228(COD)","seq":"27","src":"http://www.europarl.europa.eu/doceo/document/ITRE-AM-618302_EN.pdf"},{"authors":"Henna Virkkunen, Gunnar H\u00f6kmark, Micha\u0142 Boni, Anna Maria Corazza Bildt, Kri\u0161j\u0101nis Kari\u0146\u0161","changes":{},"committee":["ITRE"],"date":"2018-02-27T00:00:00","id":"PE618.302-28","justification":" In the case of inextricably linked mixed data sets both regulations apply.The rules of applying\n the regulation should be clear and not burden companies, such as SMEs and start-ups.","location":[["Proposal for a regulation","Recital 10"]],"meps":[124726,28124,124896,96674,96901],"meta":{"created":"2019-07-03T06:30:01"},"new":["(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.","Regulation (EU)2016/679 and this","Regulation provide a coherent set of rules","that cater for free movement of different","types of data. In the case of mixed data","sets, this Regulation should apply to the","non-personal data part of the set. Where","non-personal and personal data are","inextricably linked, this Regulation","should apply to the whole set without","prejudice to Regulation (EU) 2016/679.","Furthermore, this Regulation imposes","neither an obligation to store the different","types of data separately nor an obligation","to unbundle mixed data sets."],"old":["(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."],"orig_lang":"en","peid":"PE618.302v01-00","reference":"2017/0228(COD)","seq":"28","src":"http://www.europarl.europa.eu/doceo/document/ITRE-AM-618302_EN.pdf"},{"authors":" Jeppe Kofod","changes":{},"committee":["ITRE"],"date":"2018-02-27T00:00:00","id":"PE618.302-29","location":[[" Proposal for a regulation","Recital 10"]],"meps":[124870],"meta":{"created":"2019-07-03T06:30:01"},"new":["(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. In","order to avoid undermining the legal","framework for personal data in the","Union, in the case of mixed data sets,","Regulation (EU)2016/679 should apply to","the personal data part."],"old":["(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."],"orig_lang":"en","peid":"PE618.302v01-00","reference":"2017/0228(COD)","seq":"29","src":"http://www.europarl.europa.eu/doceo/document/ITRE-AM-618302_EN.pdf"},{"authors":"Kaja Kallas","changes":{},"committee":["ITRE"],"date":"2018-02-27T00:00:00","id":"PE618.302-30","location":[["Proposal for a regulation","Recital 10"]],"meps":[124697],"meta":{"created":"2019-07-03T06:30:01"},"new":["(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.","Regulation (EU) 2016/679 and this","Regulation provide a coherent set of rules","that cater for free movement of different","types of data. In the case of mixed data","sets, Regulation (EU) 2016/679 should","apply to the personal data part of the set,","and this Regulation should apply to the","non-personal data part of the set. Where","non-personal and personal data are","inextricably linked, this Regulation","should not prejudice the application of the","Regulation (EU) 2016/679. Furthermore,","this Regulation should not impose an","obligation to store the different types of","data separately."],"old":["(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."],"orig_lang":"en","peid":"PE618.302v01-00","reference":"2017/0228(COD)","seq":"30","src":"http://www.europarl.europa.eu/doceo/document/ITRE-AM-618302_EN.pdf"},{"authors":"Marisa Matias","changes":{},"committee":["ITRE"],"date":"2018-02-27T00:00:00","id":"PE618.302-31","location":[["Proposal for a regulation","Recital 10"]],"meps":[96820],"meta":{"created":"2019-07-03T06:30:01"},"new":["(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. The","Regulation (EU) 2016/679 and this","Regulation provide a coherent set of rules","that cater for free movement of different","types of data. However, in practice, most","data sets held by companies are \u2018mixed\u2019,","containing both personal and non-","personal data which cannot be easily","separated. Therefore the Regulation (EU)","2016/679 should be applied to the entire","mixed data set, in order to avoid a breach","of fundamental rights, namely for","workers. Free flow of data should not","constitute an obstacle for the development","of start-ups and SMEs, but should allow","to guarantee a high level of protection for","personal data."],"old":["(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."],"orig_lang":"en","peid":"PE618.302v01-00","reference":"2017/0228(COD)","seq":"31","src":"http://www.europarl.europa.eu/doceo/document/ITRE-AM-618302_EN.pdf"},{"authors":" Jeppe Kofod","changes":{},"committee":["ITRE"],"date":"2018-02-27T00:00:00","id":"PE618.302-32","location":[[" Proposal for a regulation","Recital 10 a (new)"]],"meps":[124870],"meta":{"created":"2019-07-03T06:30:01"},"new":["(10 a) Business and data users will be","frequently confronted with mixed data","sets and might have difficulties in","unbundling personal data from the set.","The Commission should provide clear","guidance on the legal treatment of mixed","data sets and should provide information","in a simple manner to business in a","website, with tools and guidance on","possibilities to unbundled mixed data sets."],"orig_lang":"en","peid":"PE618.302v01-00","reference":"2017/0228(COD)","seq":"32","src":"http://www.europarl.europa.eu/doceo/document/ITRE-AM-618302_EN.pdf"},{"authors":"R\u0103zvan Popa","changes":{},"committee":["ITRE"],"date":"2018-02-27T00:00:00","id":"PE618.302-33","location":[["Proposal for a regulation","Recital 13"]],"meps":[189490],"meta":{"created":"2019-07-03T06:30:01"},"new":["(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 must notify to the","Commission any draft act that contains a","new data localisation requirement or","modifies an existing data localisation","requirement. The principle of ensuring the","free flow of non-personal data will","avoid the duplication of data stored in","several different places and make cross-","border activities more accessible and less","costly for enterprises and companies,","giving them the confidence to enter new","markets and making it easier for them to","expand their activities. Those notifications","should be submitted and assessed in","accordance with the procedure laid down","in Directive (EU) 2015/153533."],"old":["(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.","_________________","33","Directive (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)."],"orig_lang":"ro","peid":"PE618.302v01-00","reference":"2017/0228(COD)","seq":"33","src":"http://www.europarl.europa.eu/doceo/document/ITRE-AM-618302_EN.pdf"},{"authors":"Henna Virkkunen, Gunnar H\u00f6kmark, Micha\u0142 Boni, Anna Maria Corazza Bildt, Kri\u0161j\u0101nis Kari\u0146\u0161, Pilar del Castillo Vera","changes":{},"committee":["ITRE"],"date":"2018-02-27T00:00:00","id":"PE618.302-34","justification":" The notification should happen without delay.","location":[["Proposal for a regulation","Recital 13"]],"meps":[124726,28124,124896,96674,96901,28390],"meta":{"created":"2019-07-03T06:30:01"},"new":["(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 without","delay 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 .","_________________","33","Directive (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)."],"old":["(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 .","_________________","33","Directive (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)."],"orig_lang":"en","peid":"PE618.302v01-00","reference":"2017/0228(COD)","seq":"34","src":"http://www.europarl.europa.eu/doceo/document/ITRE-AM-618302_EN.pdf"},{"authors":" Jeppe Kofod","changes":{},"committee":["ITRE"],"date":"2018-02-27T00:00:00","id":"PE618.302-35","location":[[" Proposal for a regulation","Recital 19 a (new)"]],"meps":[124870],"meta":{"created":"2019-07-03T06:30:01"},"new":["(19 a) In order to properly enforce this","Regulation and to incentivise its","compliance, Members States should","empower their competent authorities to","request users to cease breaches of this","regulation. The competent authorities","should be able to impose effective,","proportionate and dissuasive penalties on","users not complying with the freedom of","free flow and if data localisation","requirements persist."],"orig_lang":"en","peid":"PE618.302v01-00","reference":"2017/0228(COD)","seq":"35","src":"http://www.europarl.europa.eu/doceo/document/ITRE-AM-618302_EN.pdf"},{"authors":"Jakop Dalunde on behalf of the Verts/ALE Group","changes":{},"committee":["ITRE"],"date":"2018-02-27T00:00:00","id":"PE618.302-36","justification":" The term user, with a enlarged definition, brings more legal clarity and avoids subjective\n interpretations of the capacity or intent.The scope of the codes need to be clear and the\n guidance can help the stakeholders to adopt them in a quick and efficient manner","location":[["Proposal for a regulation","Recital 21"]],"meps":[183338],"meta":{"created":"2019-07-03T06:30:01"},"new":["(21) In order to take full advantage of","the competitive environment, 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 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 the set period of time,","or if there are causes for concern the","Commission should review the situation."],"old":["(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. Nonetheless, if such codes of","conduct are not put in place and effectively","implemented within a reasonable period of","time, the Commission should review the","situation."],"orig_lang":"en","peid":"PE618.302v01-00","reference":"2017/0228(COD)","seq":"36","src":"http://www.europarl.europa.eu/doceo/document/ITRE-AM-618302_EN.pdf"},{"authors":" Jeppe Kofod","changes":{},"committee":["ITRE"],"date":"2018-02-27T00:00:00","id":"PE618.302-37","location":[[" Proposal for a regulation","Recital 21"]],"meps":[124870],"meta":{"created":"2019-07-03T06:30:02"},"new":["(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. Nonetheless, if such codes of","conduct are not put in place and effectively","implemented within a reasonable period of","time, the Commission should review the","situation and asses the need to present","legislative proposals to effectively reduce","the number of barriers to the porting of","data."],"old":["(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. Nonetheless, if such codes of","conduct are not put in place and effectively","implemented within a reasonable period of","time, the Commission should review the","situation."],"orig_lang":"en","peid":"PE618.302v01-00","reference":"2017/0228(COD)","seq":"37","src":"http://www.europarl.europa.eu/doceo/document/ITRE-AM-618302_EN.pdf"},{"authors":" Jakop Dalunde on behalf of the Verts/ALE Group","changes":{},"committee":["ITRE"],"date":"2018-02-27T00:00:00","id":"PE618.302-38","justification":"GDPR foresees data portability for personal data and uses a similar wording for it.As there\nshould be no reason to stop the flow of non personal data, similar provisions need to be\ninserted here.","location":[["Proposal for a regulation","Recital 21 a (new)"]],"meps":[183338],"meta":{"created":"2019-07-03T06:30:02"},"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."],"orig_lang":"en","peid":"PE618.302v01-00","reference":"2017/0228(COD)","seq":"38","src":"http://www.europarl.europa.eu/doceo/document/ITRE-AM-618302_EN.pdf"},{"authors":"Jeppe Kofod","changes":{},"committee":["ITRE"],"date":"2018-02-27T00:00:00","id":"PE618.302-39","justification":" The European Commission only allows the activation of this cooperation mechanism only\n after having exhausted all potential means available and as a sort of last resort\n mechanism.This could be far too late and maybe not effective in practice.This amendment\n aims to make available this mechanism from the very first moment that a data localisation\n requirement is noticed to make it potentially more useful and effective.","location":[["Proposal for a regulation","Recital 22"]],"meps":[124870],"meta":{"created":"2019-07-03T06:30:02"},"new":["(22) In order to contribute to a smooth","cooperation across Member States, each","Member State should designate a single","point of contact to liaise with the contact","points of the other Member States and the","Commission regarding the application of","this Regulation. Where a competent","authority in one Member State requests","assistance of another Member State to have","access to data pursuant to this Regulation,","it should submit a duly motivated request","to the latter's designated single point of","contact, including a written explanation of","its justification and legal bases for seeking","access to data. The single point of contact","designated by the Member State whose","assistance is requested should facilitate the","assistance between authorities by","identifying and transmitting the request to","the relevant competent authority in the","requested Member State. In order to ensure","effective cooperation, the authority to","which a request is transmitted should","without undue delay provide assistance in","response to a given request or provide","information on difficulties in meeting a","request of assistance or on its grounds of","refusing such request. Member States","should allow single points of contacts to","request assistance as soon as a data","localisation requirement has been","identified, without the need to first","exhaust all available cooperation","mechanisms under national or Union law."],"old":["(22) In order to contribute to a smooth","cooperation across Member States, each","Member State should designate a single","point of contact to liaise with the contact","points of the other Member States and the","Commission regarding the application of","this Regulation. Where a competent","authority in one Member State requests","assistance of another Member State to have","access to data pursuant to this Regulation,","it should submit a duly motivated request","to the latter's designated single point of","contact, including a written explanation of","","its justification and legal bases for seeking","access to data. The single point of contact","designated by the Member State whose","assistance is requested should facilitate the","assistance between authorities by","identifying and transmitting the request to","the relevant competent authority in the","requested Member State. In order to ensure","effective cooperation, the authority to","which a request is transmitted should","without undue delay provide assistance in","response to a given request or provide","information on difficulties in meeting a","request of assistance or on its grounds of","refusing such request."],"orig_lang":"en","peid":"PE618.302v01-00","reference":"2017/0228(COD)","seq":"39","src":"http://www.europarl.europa.eu/doceo/document/ITRE-AM-618302_EN.pdf"},{"authors":" Nadine Morano","changes":{},"committee":["ITRE"],"date":"2018-02-27T00:00:00","id":"PE618.302-40","location":[[" Proposal for a regulation","Recital 23"]],"meps":[72779],"meta":{"created":"2019-07-03T06:30:02"},"new":["(23) In order to ensure the effective","implementation of the procedure for","assistance between Member State","competent authorities, the Commission","may adopt implementing acts setting out","standard forms, formats and channels of","transmission, languages of requests, time","limits or other details of the procedures for","requests for assistance. Those powers","should be exercised in accordance with","Regulation (EU) No 182/2011 of the","European Parliament and of the Council40."],"old":["(23) In order to ensure the effective","implementation of the procedure for","assistance between Member State","competent authorities, the Commission","may adopt implementing acts setting out","standard forms, languages of requests, time","limits or other details of the procedures for","requests for assistance. Those powers","should be exercised in accordance with","Regulation (EU) No 182/2011 of the","European Parliament and of the Council.40",".","_________________","40","Regulation (EU) No 182/2011 of the","European Parliament and of the Council of","16 February 2011 laying down the rules","and general principles concerning","mechanisms for control by the Member","States of the Commission's exercise of","implementing powers (OJ L 55, 28.2.2011,","p. 13)."],"orig_lang":"fr","peid":"PE618.302v01-00","reference":"2017/0228(COD)","seq":"40","src":"http://www.europarl.europa.eu/doceo/document/ITRE-AM-618302_EN.pdf"},{"authors":"Jakop Dalunde on behalf of the Verts/ALE Group","changes":{},"committee":["ITRE"],"date":"2018-02-27T00:00:00","id":"PE618.302-41","justification":" Trust is nominated as the biggest non legal barrier in the use of cloud services.Therefore trust\n building needs to be an objective of this text.","location":[["Proposal for a regulation","Recital 24"]],"meps":[183338],"meta":{"created":"2019-07-03T06:30:02"},"new":["(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."],"old":["(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."],"orig_lang":"en","peid":"PE618.302v01-00","reference":"2017/0228(COD)","seq":"41","src":"http://www.europarl.europa.eu/doceo/document/ITRE-AM-618302_EN.pdf"},{"authors":" R\u0103zvan Popa","changes":{},"committee":["ITRE"],"date":"2018-02-27T00:00:00","id":"PE618.302-42","location":[[" Proposal for a regulation","Recital 24"]],"meps":[189490],"meta":{"created":"2019-07-03T06:30:02"},"new":["(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, and take into","account the rapid ongoing development of","new technologies, so as to adjust to them","promptly."],"old":["(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."],"orig_lang":"ro","peid":"PE618.302v01-00","reference":"2017/0228(COD)","seq":"42","src":"http://www.europarl.europa.eu/doceo/document/ITRE-AM-618302_EN.pdf"},{"authors":" R\u0103zvan Popa","changes":{},"committee":["ITRE"],"date":"2018-02-27T00:00:00","id":"PE618.302-43","location":[[" Proposal for a regulation","Recital 28"]],"meps":[189490],"meta":{"created":"2019-07-03T06:30:02"},"new":["(28) The Commission should","periodically review this Regulation, in","particular with a view to determining the","need for any technical modifications or if","it proves necessary to re-examine the","entire framework in the light of","technological, social or market","developments and requirements."],"old":["(28) The Commission should","periodically review this Regulation, in","particular with a view to determining the","need for modifications in the light of","technological or market developments."],"orig_lang":"ro","peid":"PE618.302v01-00","reference":"2017/0228(COD)","seq":"43","src":"http://www.europarl.europa.eu/doceo/document/ITRE-AM-618302_EN.pdf"},{"authors":"Jakop Dalunde on behalf of the Verts/ALE Group","changes":{},"committee":["ITRE"],"date":"2018-02-27T00:00:00","id":"PE618.302-44","justification":"In order to avoid setting a hierarchy of legal texts and enhance the fundamental rights\nenforcement, strict interpretation is needed.","location":[["Proposal for a regulation","Recital 29"]],"meps":[183338],"meta":{"created":"2019-07-03T06:30:02"},"new":["(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)."],"old":["(29) This Regulation 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)."],"orig_lang":"en","peid":"PE618.302v01-00","reference":"2017/0228(COD)","seq":"44","src":"http://www.europarl.europa.eu/doceo/document/ITRE-AM-618302_EN.pdf"},{"authors":"Marisa Matias","changes":{},"committee":["ITRE"],"date":"2018-02-27T00:00:00","id":"PE618.302-45","location":[["Proposal for a 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user\" set in art. 3 (8) might induce legal uncertainty and could\n result in more legal conflicts that would be difficult to solve is the form of organisation is\n completed by the purpose that is a subjective matter to decide upon.","location":[[" Proposal for a regulation","Article 1 \u2013 paragraph 1"]],"meps":[183338],"meta":{"created":"2019-07-03T06:30:02"},"new":["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 users."],"old":["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."],"orig_lang":"en","peid":"PE618.302v01-00","reference":"2017/0228(COD)","seq":"46","src":"http://www.europarl.europa.eu/doceo/document/ITRE-AM-618302_EN.pdf"},{"authors":" Marisa Matias","changes":{},"committee":["ITRE"],"date":"2018-02-27T00:00:00","id":"PE618.302-47","location":[[" Proposal for a regulation","Article 2 \u2013 paragraph 1 \u2013 introductory part"]],"meps":[96820],"meta":{"created":"2019-07-03T06:30:02"},"new":["1. This Regulation shall apply to the","storage or other processing of electronic","non-personal data in the Union, which is"],"old":["1. This Regulation shall apply to the","storage or other processing of electronic","data other than personal data in the","Union, which is"],"orig_lang":"en","peid":"PE618.302v01-00","reference":"2017/0228(COD)","seq":"47","src":"http://www.europarl.europa.eu/doceo/document/ITRE-AM-618302_EN.pdf"},{"authors":" Henna Virkkunen, Gunnar H\u00f6kmark, Micha\u0142 Boni, Anna Maria Corazza Bildt, Kri\u0161j\u0101nis Kari\u0146\u0161, Pilar del Castillo Vera","changes":{},"committee":["ITRE"],"date":"2018-02-27T00:00:00","id":"PE618.302-48","justification":"Both public and private should be covered.","location":[["Proposal for a regulation","Article 2 \u2013 paragraph 1 \u2013 point a"]],"meps":[124726,28124,124896,96674,96901,28390],"meta":{"created":"2019-07-03T06:30:02"},"new":["(a) provided as a service to both","private and public users residing or having","an establishment in the Union, regardless","of whether the provider is established or","not in the Union or"],"old":["(a) provided as a service to users","residing or having an establishment in the","Union, regardless of whether the provider","is established or not in the Union or"],"orig_lang":"en","peid":"PE618.302v01-00","reference":"2017/0228(COD)","seq":"48","src":"http://www.europarl.europa.eu/doceo/document/ITRE-AM-618302_EN.pdf"},{"authors":"Jeppe Kofod","changes":{},"committee":["ITRE"],"date":"2018-02-27T00:00:00","id":"PE618.302-49","justification":"This amendment clarifies the scope of this regulation by explicitly including all legal persons,\nwhether they are private or public bodies to avoid that public administrations are left out\nunintentionally.Non- personal data from the public sector can be of extreme importance for\nthe data society and should also be available for its use.This is without prejudice of the\nexemptions of Member states on grounds of public security as described in art 4.","location":[["Proposal for a regulation","Article 2 \u2013 paragraph 1 \u2013 point b"]],"meps":[124870],"meta":{"created":"2019-07-03T06:30:02"},"new":["(b) carried out by a natural or legal","person residing or having an establishment","in the Union for its own needs, regardless","of whether it is a private person, a public-","private entity or a public authority","governed by public law."],"old":["(b) carried out by a natural or legal","person residing or having an establishment","in the Union for its own needs."],"orig_lang":"en","peid":"PE618.302v01-00","reference":"2017/0228(COD)","seq":"49","src":"http://www.europarl.europa.eu/doceo/document/ITRE-AM-618302_EN.pdf"},{"authors":"Henna Virkkunen, Gunnar H\u00f6kmark, Micha\u0142 Boni, Anna Maria Corazza Bildt, Kri\u0161j\u0101nis Kari\u0146\u0161","changes":{},"committee":["ITRE"],"date":"2018-02-27T00:00:00","id":"PE618.302-50","justification":" In the case of inextricably linked mixed data sets both regulations apply.The rules of applying\n the regulation should be clear and not burden companies, such as SMEs and start-ups.","location":[["Proposal for a regulation","Article 2 \u2013 paragraph 1 a (new)"]],"meps":[124726,28124,124896,96674,96901],"meta":{"created":"2019-07-03T06:30:02"},"new":["1 a. In the case of mixed data sets, this","Regulation shall apply to the non-","personal data part of the set. Where","personal and non-personal data are","inextricably linked, this Regulation shall","apply to the whole set without prejudice to","Regulation (EU)2016/679."],"orig_lang":"en","peid":"PE618.302v01-00","reference":"2017/0228(COD)","seq":"50","src":"http://www.europarl.europa.eu/doceo/document/ITRE-AM-618302_EN.pdf"},{"authors":" Jeppe Kofod","changes":{},"committee":["ITRE"],"date":"2018-02-27T00:00:00","id":"PE618.302-51","justification":" This amendment seeks to reinforce the personal data framework and clarify that GDPR\n should prevail when ever we are faced with mixed data and therefore this Regulation should\n\nnot apply.It also calls for a website were Commission shoyld provided detailed guidance for\nbusiness as regards mixed data.","location":[[" Proposal for a regulation","Article 2 \u2013 paragraph 2 a (new)"]],"meps":[124870],"meta":{"created":"2019-07-03T06:30:02"},"new":["2 a. This Regulation shall not apply to","mixed data sets that include personal data","which cannot be unbundled.In respect to","the mixed data sets, Regulation (EU) No","2016/679 shall apply.","The Commission shall publish on its","website a detailed guidance for","businesses, in particular for","SMEs, regarding the relevant provisions","applicable to mixed data sets as well as a","guidance regarding the treatment of such","data sets, and in particular as regards the","possible unbundling of personal data","from them in order to render the data","subject to this Regulation."],"orig_lang":"en","peid":"PE618.302v01-00","reference":"2017/0228(COD)","seq":"51","src":"http://www.europarl.europa.eu/doceo/document/ITRE-AM-618302_EN.pdf"},{"authors":"Kaja Kallas","changes":{},"committee":["ITRE"],"date":"2018-02-27T00:00:00","id":"PE618.302-52","location":[["Proposal for a regulation","Article 2 a (new)"]],"meps":[124697],"meta":{"created":"2019-07-03T06:30:03"},"new":["Article 2 a","Where non-personal and personal data","are inextricably linked, this Regulation","should be without prejudice to the","application of the Regulation (EU)","2016/679 ."],"orig_lang":"en","peid":"PE618.302v01-00","reference":"2017/0228(COD)","seq":"52","src":"http://www.europarl.europa.eu/doceo/document/ITRE-AM-618302_EN.pdf"},{"authors":"Marisa Matias","changes":{},"committee":["ITRE"],"date":"2018-02-27T00:00:00","id":"PE618.302-53","location":[["Proposal for a regulation","Article 3 \u2013 paragraph 1 \u2013 point 1"]],"meps":[96820],"meta":{"created":"2019-07-03T06:30:03"},"new":["1. 'data' means non-personal data,","excluding any data that can be linked or","tracked back to individuals, such as","personal data as referred to in Article 4(1)","of Regulation (EU) 2016/679 and mixed","data;"],"old":["1. 'data' means data other than","personal data as referred to in Article 4(1)","of Regulation (EU) 2016/679;"],"orig_lang":"en","peid":"PE618.302v01-00","reference":"2017/0228(COD)","seq":"53","src":"http://www.europarl.europa.eu/doceo/document/ITRE-AM-618302_EN.pdf"},{"authors":"Rolandas Paksas","changes":{},"committee":["ITRE"],"date":"2018-02-27T00:00:00","id":"PE618.302-54","location":[["Proposal for a regulation","Article 3 \u2013 paragraph 1 \u2013 point 3"]],"meps":[96694],"meta":{"created":"2019-07-03T06:30:03"},"new":["3. 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'user' means a natural or legal","person, including a public sector entity,","using or requesting a data storage or other","processing service;"],"old":["7. 'user' means a natural or legal","person using or requesting a data storage or","other processing service;"],"orig_lang":"en","peid":"PE618.302v01-00","reference":"2017/0228(COD)","seq":"56","src":"http://www.europarl.europa.eu/doceo/document/ITRE-AM-618302_EN.pdf"},{"authors":"Jakop Dalunde on behalf of the Verts/ALE Group","changes":{},"committee":["ITRE"],"date":"2018-02-27T00:00:00","id":"PE618.302-57","justification":"Barriers need to be removed based on data an type of service, therefore the use of this\ndefinition is made redundant by the changes throughout the text.For purposes of legal\nconsistency the words \"professional users\" will be replaced with \"users\" in the entirety of the\ntext.","location":[["Proposal for a regulation","Article 3 \u2013 paragraph 1 \u2013 point 8"]],"meps":[183338],"meta":{"created":"2019-07-03T06:30:03"},"new":["deleted"],"old":["8. 'professional user' means a","natural or legal person, including a public","sector entity, using or requesting a data","storage or other processing service for","purposes related to its trade, business,","craft, profession or task."],"orig_lang":"en","peid":"PE618.302v01-00","reference":"2017/0228(COD)","seq":"57","src":"http://www.europarl.europa.eu/doceo/document/ITRE-AM-618302_EN.pdf"},{"authors":"Henna Virkkunen, Gunnar H\u00f6kmark, Kri\u0161j\u0101nis Kari\u0146\u0161, Pilar del Castillo Vera","changes":{},"committee":["ITRE"],"date":"2018-02-27T00:00:00","id":"PE618.302-58","justification":" Data localisation requirements shall be prohibited unless justified in exceptional cases on\n imperative grounds of public security.","location":[["Proposal for a regulation","Article 4 \u2013 paragraph 1"]],"meps":[124726,28124,96901,28390],"meta":{"created":"2019-07-03T06:30:03"},"new":["1. 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Member States shall notify to the","Commission any draft act which introduces","a new data localisation requirement or","makes changes to an existing data","localisation requirement in accordance","with the procedures set out in the national","law implementing Directive (EU)","2015/1535."],"orig_lang":"en","peid":"PE618.302v01-00","reference":"2017/0228(COD)","seq":"60","src":"http://www.europarl.europa.eu/doceo/document/ITRE-AM-618302_EN.pdf"},{"authors":"Henna Virkkunen, Gunnar H\u00f6kmark, Micha\u0142 Boni, Kri\u0161j\u0101nis Kari\u0146\u0161, Pilar del Castillo Vera","changes":{},"committee":["ITRE"],"date":"2018-02-27T00:00:00","id":"PE618.302-61","justification":"Companies, such as SMEs and start-ups, have limited possibilities to get to know the national\nrequirements.This is why the requirements should be made available in all the official\nlanguages.","location":[["Proposal for a regulation","Article 4 \u2013 paragraph 5"]],"meps":[124726,28124,124896,96901,28390],"meta":{"created":"2019-07-03T06:30:04"},"new":["5. 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The Commission shall publish the links","to such points on its website."],"orig_lang":"en","peid":"PE618.302v01-00","reference":"2017/0228(COD)","seq":"61","src":"http://www.europarl.europa.eu/doceo/document/ITRE-AM-618302_EN.pdf"},{"authors":"Jeppe Kofod","changes":{},"committee":["ITRE"],"date":"2018-02-27T00:00:00","id":"PE618.302-62","justification":" The Commission, as they have recently done for the GDPR should publish on its website\n information specifically dedicated to business on how to apply this regulation using a plain\n language easily to understand.This will help business and in particular SMS to have clear\n instructions how to implement this regulation.","location":[["Proposal for a regulation","Article 4 \u2013 paragraph 5 a (new)"]],"meps":[124870],"meta":{"created":"2019-07-03T06:30:04"},"new":["5 a. The Commission shall publish on","its website a guidance regarding the","obligations imposed by this Regulation","on providers and users of data processing.","This guidance shall be presented in a","manner that is easy to understand, using","clear and plain language."],"orig_lang":"en","peid":"PE618.302v01-00","reference":"2017/0228(COD)","seq":"62","src":"http://www.europarl.europa.eu/doceo/document/ITRE-AM-618302_EN.pdf"},{"authors":" Jeppe Kofod","changes":{},"committee":["ITRE"],"date":"2018-02-27T00:00:00","id":"PE618.302-63","justification":" The proposed mechanism of cooperation between competent authorities can only be launched\n after having exhausted all potential means available and as a sort of last resort\n mechanism..This could be far too late and maybe not effective in practice.This amendment\n aims to make available this mechanism since the very first moment that a data localisation\n requirement is noticed to make it potentially more useful and effective.","location":[[" Proposal for a regulation","Article 5 \u2013 paragraph 2"]],"meps":[124870],"meta":{"created":"2019-07-03T06:30:04"},"new":["2. A competent authority may request","the assistance of a competent authority in","another Member State in accordance with","the procedure laid down in Article 7,","without prejudice to the existence at","Union or national level of means for","obtaining access to the data that is","capable of being used in parallel. The","requested competent authority shall","provide assistance in accordance with the","procedure laid down in Article 7, unless it","would be contrary to the public order of the","requested Member State."],"old":["2. 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They","shall require that infringements of free","movement of data are ended, and shall","have the power, where relevant, to impose","effective, proportionate and dissuasive","sanctions for failure to comply with an","obligation to provide data or for","unjustified restrictions to free movement","of data."],"orig_lang":"en","peid":"PE618.302v01-00","reference":"2017/0228(COD)","seq":"64","src":"http://www.europarl.europa.eu/doceo/document/ITRE-AM-618302_EN.pdf"},{"authors":"Jakop Dalunde on behalf of the Verts/ALE Group","changes":{},"committee":["ITRE"],"date":"2018-02-27T00:00:00","id":"PE618.302-65","justification":" Clarified the text to ensure legal guidance towards the scope of the proposal","location":[["Proposal for a regulation","Article 6 \u2013 paragraph 1 \u2013 introductory part"]],"meps":[183338],"meta":{"created":"2019-07-03T06:30:04"},"new":["1. 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The Commission shall encourage","and facilitate the development of self-","regulatory codes of conduct at Union level,","in order to define guidelines on best","practices in facilitating the switching of","providers and to ensure that they provide","professional users with sufficiently","detailed, clear and transparent information","before a contract for data storage and","processing is concluded, as regards the","following issues:"],"orig_lang":"en","peid":"PE618.302v01-00","reference":"2017/0228(COD)","seq":"66","src":"http://www.europarl.europa.eu/doceo/document/ITRE-AM-618302_EN.pdf"},{"authors":" Jakop Dalunde on behalf of the Verts/ALE Group","changes":{},"committee":["ITRE"],"date":"2018-02-27T00:00:00","id":"PE618.302-67","justification":"This amendment reflects the changes in the definitions, being needed for legal consistency.","location":[[" Proposal for a regulation","Article 6 \u2013 paragraph 1 \u2013 point a"]],"meps":[183338],"meta":{"created":"2019-07-03T06:30:04"},"new":["(a) the processes, technical","requirements, timeframes and charges that","apply in case a 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"],"old":["(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"],"orig_lang":"en","peid":"PE618.302v01-00","reference":"2017/0228(COD)","seq":"67","src":"http://www.europarl.europa.eu/doceo/document/ITRE-AM-618302_EN.pdf"},{"authors":"Jakop Dalunde on behalf of the Verts/ALE Group","changes":{},"committee":["ITRE"],"date":"2018-02-27T00:00:00","id":"PE618.302-68","justification":"Reflecting the notion of data portability from GDPR and the new recital (21a), this text\nensures that there is data portability for non personal data too.","location":[["Proposal for a regulation","Article 6 \u2013 paragraph 1 \u2013 point a a (new)"]],"meps":[183338],"meta":{"created":"2019-07-03T06:30:04"},"new":["(a a) best practices facilitating the","switching of providers or porting data to a","user\u2019s 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"],"orig_lang":"en","peid":"PE618.302v01-00","reference":"2017/0228(COD)","seq":"68","src":"http://www.europarl.europa.eu/doceo/document/ITRE-AM-618302_EN.pdf"},{"authors":"Jakop Dalunde on behalf of the Verts/ALE Group","changes":{},"committee":["ITRE"],"date":"2018-02-27T00:00:00","id":"PE618.302-69","justification":" The stakeholders can benefit from guidance in the creation of Codes that avoid vendor lock-in\n and other harmful business practices while increasing trust in the providers.","location":[["Proposal for a regulation","Article 6 \u2013 paragraph 1 a (new)"]],"meps":[183338],"meta":{"created":"2019-07-03T06:30:04"},"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."],"orig_lang":"en","peid":"PE618.302v01-00","reference":"2017/0228(COD)","seq":"69","src":"http://www.europarl.europa.eu/doceo/document/ITRE-AM-618302_EN.pdf"},{"authors":" Kaja Kallas","changes":{},"committee":["ITRE"],"date":"2018-02-27T00:00:00","id":"PE618.302-70","location":[[" Proposal for a regulation","Article 6 \u2013 paragraph 2"]],"meps":[124697],"meta":{"created":"2019-07-03T06:30:04"},"new":["2. The Commission shall encourage","providers to effectively implement the","codes of conduct referred to in paragraph 1","within six months after the start of","application of this Regulation."],"old":["2. The Commission shall encourage","providers to effectively implement the","codes of conduct referred to in paragraph 1","within one year after the start of","application of this Regulation."],"orig_lang":"en","peid":"PE618.302v01-00","reference":"2017/0228(COD)","seq":"70","src":"http://www.europarl.europa.eu/doceo/document/ITRE-AM-618302_EN.pdf"},{"authors":" Rolandas Paksas","changes":{},"committee":["ITRE"],"date":"2018-02-27T00:00:00","id":"PE618.302-71","location":[[" Proposal for a regulation","Article 6 \u2013 paragraph 2"]],"meps":[96694],"meta":{"created":"2019-07-03T06:30:04"},"new":["2. The Commission shall encourage","providers to effectively implement the","codes of conduct referred to in paragraph 1","within two years after the start of","application of this Regulation."],"old":["2. The Commission shall encourage","providers to effectively implement the","codes of conduct referred to in paragraph 1","within one year after the start of","application of this Regulation."],"orig_lang":"en","peid":"PE618.302v01-00","reference":"2017/0228(COD)","seq":"71","src":"http://www.europarl.europa.eu/doceo/document/ITRE-AM-618302_EN.pdf"},{"authors":"Jeppe Kofod","changes":{},"committee":["ITRE"],"date":"2018-02-27T00:00:00","id":"PE618.302-72","justification":"Commission should put forward legislative proposals in case that the industry- lead code of\nconducts do not effectively reduce existing barriers to porting of data","location":[["Proposal for a regulation","Article 6 \u2013 paragraph 3"]],"meps":[124870],"meta":{"created":"2019-07-03T06:30:04"},"new":["3. 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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."],"orig_lang":"en","peid":"PE618.302v01-00","reference":"2017/0228(COD)","seq":"75","src":"http://www.europarl.europa.eu/doceo/document/ITRE-AM-618302_EN.pdf"},{"authors":"Kaja Kallas","changes":{},"committee":["ITRE"],"date":"2018-02-27T00:00:00","id":"PE618.302-76","location":[["Proposal for a regulation","Article 6 \u2013 paragraph 3"]],"meps":[124697],"meta":{"created":"2019-07-03T06:30:05"},"new":["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 one year after the start of","application of this Regulation."],"old":["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."],"orig_lang":"en","peid":"PE618.302v01-00","reference":"2017/0228(COD)","seq":"76","src":"http://www.europarl.europa.eu/doceo/document/ITRE-AM-618302_EN.pdf"},{"authors":"Nadine Morano","changes":{},"committee":["ITRE"],"date":"2018-02-27T00:00:00","id":"PE618.302-77","location":[["Proposal for a regulation","Article 7 \u2013 paragraph 6"]],"meps":[72779],"meta":{"created":"2019-07-03T06:30:05"},"new":["6. The Commission may adopt","implementing acts setting out standard","forms, formats and channels of","transmission, languages of requests, time","limits or other details of the procedures for","requests for assistance. Such implementing","acts shall be adopted in accordance with","the procedure referred to in Article 8."],"old":["6. 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However, the","provision of those services is hampered or","sometimes prevented by certain national","requirements to locate data in a specific","territory."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"47","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":" Myl\u00e8ne Troszczynski","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-48","location":[[" Proposal for a regulation","Recital 3"]],"meps":[124758],"meta":{"created":"2019-07-03T06:35:32"},"new":["(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. The provision of","those services can, however, be hampered","by certain national requirements to locate","data in a specific territory."],"old":["(3) The freedom of establishment and","the freedom to provide services under the","Treaty on the Functioning of the European","Union apply to data storage or other","","processing services. However, the","provision of those services is hampered or","sometimes prevented by certain national","requirements to locate data in a specific","territory."],"orig_lang":"fr","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"48","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":"Edward Czesak","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-49","justification":"Article 6 lays down technical aspects of data porting. The draft regulation does not provide\neither a definition of the right to port data or a definition of data porting itself (Article 3).\nTherefore, in order for the Article 6 to be deliverable, we need to anchor porting of data as a\nservice, falling within the Treaty\u2019s freedom to provide services, as per the TFEU\u2019s Article\n26.1-3.","location":[["Proposal for a regulation","Recital 3 a (new)"]],"meps":[132925],"meta":{"created":"2019-07-03T06:35:32"},"new":["(3a) Free Flow of Data within Europe","will contribute to realizing data-driven","growth and innovation. Like businesses","and consumers, public administrations","will benefit from an increased freedom of","choice regarding data-driven service","providers. It should be clear that public","administrations themselves are not","allowed either to make any unjustified","data localization restrictions when they","make use of the data-services of private","parties. In order to stimulate Free Flow of","Data public administrations of Member","States should lead by example by using","data-services all over Europe regarding","non-personal data."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"49","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":" Daniel Dalton, Richard Sul\u00edk","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-50","location":[[" Proposal for a regulation","Recital 3 a (new)"]],"meps":[35135,124928],"meta":{"created":"2019-07-03T06:35:32"},"new":["(3a) Free flow of data within the","European Union will play a leading role","in realising data-driven growth and","innovation. Like businesses and","consumers, public administrations will","also benefit from an increased freedom of","choice regarding data-driven service","providers. In order to stimulate the free","flow of data, and given the large amount","of data they handle, public","administrations should lead by example","by refraining from making data","localisation restrictions and using data","services all over Europe."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"50","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":" Dita Charanzov\u00e1","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-51","location":[[" Proposal for a regulation","Recital 4"]],"meps":[124708],"meta":{"created":"2019-07-03T06:35:32"},"new":["(4) Such obstacles 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 further limits the choices","available to market players and to the","public sector regarding the location of data","storage or other processing. This","Regulation in no way limits the freedom","of businesses or individuals to make","contractual agreements specifying where","data is to be located. This Regulation only","enhances that choice by ensuring that an","agreed location may be situated anywhere","within the Union."],"old":["(4) Such obstacles 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 further limits the choices","available to market players and to the","public sector regarding the location of data","storage or other processing."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"51","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":"Daniel Dalton, Edward Czesak, Richard Sul\u00edk, Anneleen Van Bossuyt","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-52","location":[["Proposal for a regulation","Recital 4"]],"meps":[35135,132925,124928,117491],"meta":{"created":"2019-07-03T06:35:33"},"new":["(4) Such obstacles to the free","movement of data processing services and","to the right of establishment of data","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 processing. Other rules or","administrative practices have an equivalent","effect by imposing specific requirements","which make it more difficult to 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","further limits the choices available to","market players and to the public sector","regarding the location of data processing."],"old":["(4) Such obstacles 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 further limits the choices","available to market players and to the","public sector regarding the location of data","storage or other processing."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"52","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":" Evelyne Gebhardt, Lucy Anderson, Arndt Kohn, Lidia Joanna Geringer de Oedenberg, Christel Schaldemose, Catherine Stihler","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-53","location":[[" Proposal for a regulation","Recital 4"]],"meps":[1913,124949,186884,28377,37312,4545],"meta":{"created":"2019-07-03T06:35:33"},"new":["(4) Such obstacles 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 or federal","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 further limits the choices","available to market players and to the","public sector regarding the location of data","storage or other processing."],"old":["(4) Such obstacles 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 further limits the choices","available to market players and to the","public sector regarding the location of data","storage or other processing."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"53","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":" Myl\u00e8ne Troszczynski","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-54","location":[["Proposal for a regulation","Recital 4"]],"meps":[124758],"meta":{"created":"2019-07-03T06:35:33"},"new":["(4) Such exceptions 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","data localisation requirements can limit the","choices available to market players and to","the public sector regarding the location of","data storage or other processing."],"old":["(4) Such obstacles 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 further limits the","choices available to market players and to","the public sector regarding the location of","data storage or other processing."],"orig_lang":"fr","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"54","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":"Myl\u00e8ne Troszczynski","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-55","location":[["Proposal for a regulation","Recital 5"]],"meps":[124758],"meta":{"created":"2019-07-03T06:35:33"},"new":["(5) At the same time, data mobility in","the Union can 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."],"old":["(5) At the same time, data mobility in","the Union is also inhibited by 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."],"orig_lang":"fr","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"55","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":" Daniel Dalton, Edward Czesak, Richard Sul\u00edk, Anneleen Van Bossuyt","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-56","location":[[" Proposal for a regulation","Recital 5"]],"meps":[35135,132925,124928,117491],"meta":{"created":"2019-07-03T06:35:33"},"new":["(5) At the same time, data mobility in","the Union is also inhibited by private","restrictions: legal, contractual and technical","issues hindering or preventing users of data","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."],"old":["(5) At the same time, data mobility in","the Union is also inhibited by 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."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"56","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":" Myl\u00e8ne Troszczynski","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-57","location":[[" Proposal for a regulation","Recital 6"]],"meps":[124758],"meta":{"created":"2019-07-03T06:35:33"},"new":["(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."],"old":["(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."],"orig_lang":"fr","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"57","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":"Sergio Guti\u00e9rrez Prieto, Lucy Anderson","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-58","location":[["Proposal for a regulation","Recital 6"]],"meps":[103488,124949],"meta":{"created":"2019-07-03T06:35:33"},"new":["(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.","Considering that the free movement of","data is a fundamental element for the","realization of the Digital Single Market","and 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."],"old":["(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."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"58","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":"Evelyne Gebhardt, Lucy Anderson, Lidia Joanna Geringer de Oedenberg, Christel Schaldemose, Sergio Gaetano Cofferati, Marc Tarabella, Catherine Stihler","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-59","location":[["Proposal for a regulation","Recital 7"]],"meps":[1913,124949,28377,37312,96915,29579,4545],"meta":{"created":"2019-07-03T06:35:33"},"new":["(7) In order to create a framework for","the free movement of non-personal data in","the Union and the foundation for","developing the data economy and","enhancing the competitiveness of European","industry in compliance with European","data protection rules, it is necessary to lay","down a clear, comprehensive and","predictable legal framework for storage or","other processing of data other than","personal data in the internal market. A","principle-based approach providing for","cooperation among Member States as well","as self-regulation should ensure that the","framework is flexible so that it can take","into account the evolving needs of users,","providers and national authorities in the","Union. In order to avoid the risk of","overlaps with existing mechanisms and","hence to avoid higher burdens both for","Member States and businesses, detailed","technical rules should not be established."],"old":["(7) In order to create a framework for","the free movement of non-personal data in","the Union and the foundation for","developing the data economy and","enhancing the competitiveness of European","industry, it is necessary to lay down a","clear, comprehensive and predictable legal","framework for storage or other processing","of data other than personal data in the","internal market. A principle-based","approach providing for cooperation among","Member States as well as self-regulation","should ensure that the framework is","flexible so that it can take into account the","evolving needs of users, providers and","national authorities in the Union. In order","to avoid the risk of overlaps with existing","mechanisms and hence to avoid higher","burdens both for Member States and","businesses, detailed technical rules should","not be established."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"59","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":" Daniel Dalton, Edward Czesak, Richard Sul\u00edk, Anneleen Van Bossuyt","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-60","location":[[" Proposal for a regulation","Recital 7"]],"meps":[35135,132925,124928,117491],"meta":{"created":"2019-07-03T06:35:33"},"new":["(7) In order to create a framework for","the free movement of non-personal data in","the Union and the foundation for","developing the data economy and","enhancing the competitiveness of European","industry, it is necessary to lay down a","clear, comprehensive and predictable legal","framework for the processing of data other","than personal data in the internal market. A","principle-based approach providing for","cooperation among Member States as well","as self-regulation should ensure that the","framework is flexible so that it can take","into account the evolving needs of users,","providers and national authorities in the","Union. In order to avoid the risk of","overlaps with existing mechanisms and","hence to avoid higher burdens both for","Member States and businesses, detailed","technical rules should not be established."],"old":["(7) In order to create a framework for","the free movement of non-personal data in","the Union and the foundation for","developing the data economy and","enhancing the competitiveness of European","industry, it is necessary to lay down a","clear, comprehensive and predictable legal","framework for storage or other processing","of data other than personal data in the","internal market. A principle-based","approach providing for cooperation among","Member States as well as self-regulation","should ensure that the framework is","","flexible so that it can take into account the","evolving needs of users, providers and","national authorities in the Union. In order","to avoid the risk of overlaps with existing","mechanisms and hence to avoid higher","burdens both for Member States and","businesses, detailed technical rules should","not be established."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"60","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":"Sabine Verheyen","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-61","location":[["Proposal for a regulation","Recital 7 a (new)"]],"meps":[96756],"meta":{"created":"2019-07-03T06:35:33"},"new":["(7a) This Regulation should explicitly","encourage public authorities and bodies","governed by public law to take account of","the economic and other advantages of","outsourcing and thereby promote the free","flow of data in the Union. In keeping with","the principle of local self-government and","their sovereign task of providing basic","services, however, and if they have","appropriate grounds for so doing, public","authorities should be free to decide to","continue storing data, such as sensitive","data concerning security of supply, locally","and to process that data themselves."],"orig_lang":"de","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"61","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":"Daniel Dalton, Edward Czesak, Richard Sul\u00edk, Anneleen Van Bossuyt","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-62","location":[["Proposal for a regulation","Recital 8"]],"meps":[35135,132925,124928,117491],"meta":{"created":"2019-07-03T06:35:33"},"new":["(8) This Regulation should apply to","legal or natural persons who provide data","processing services to users residing or","having an establishment in the Union,","including those who provide services in the","Union without an establishment in the","Union."],"old":["(8) This Regulation should apply to","legal or natural persons who provide data","storage or other processing services to","users residing or having an establishment","in the Union, including those who provide","services in the Union without an","establishment in the Union."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"62","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":" Virginie Rozi\u00e8re","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-63","location":[[" Proposal for a regulation","Recital 8 a (new)"]],"meps":[103845],"meta":{"created":"2019-07-03T06:35:33"},"new":["(8a) The organisation and preservation","of archives is carried out in the public","interest and constitute a non-market","service. It falls therefore within the scope","of Protocol No 26 on services of general","interest annexed to the Treaties. This","regulation should therefore not apply to","the storage or processing of non-personal","data which are related to an activity which","is necessary to the fulfilment of a task","carried out in the public interest or in the","exercise of official authority and which","fall within the scope of public archives","activity pursuant to the Union or national","law."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"63","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":" Edward Czesak","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-64","justification":"The importance of Art. 6 of the Regulation advises to draft a relevant recital","location":[[" Proposal for a regulation","Recital 8 a (new)"]],"meps":[132925],"meta":{"created":"2019-07-03T06:35:33"},"new":["(8a) This Regulation lays down high-","level rules relating to the development of","self-regulatory model of the porting of","data which are interoperability, open","standards and mutual recognition of","certification schemes based on European","Standards improving their comparability,","and is without prejudice to","REGULATION (EC) No 765/2008 OF","THE EUROPEAN PARLIAMENT AND","OF THE COUNCIL of 9 July 2008","setting out the requirements for","accreditation and market surveillance","relating to the marketing of products and","repealing Regulation (EEC) No 339/93."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"64","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":"Evelyne Gebhardt, Lucy Anderson, Lidia Joanna Geringer de Oedenberg, Christel Schaldemose, Sergio Gaetano Cofferati, Marc Tarabella, Catherine Stihler","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-65","justification":" The scope of the Directive 2002/58/EC (ePrivacy directive) does not only protect personal\n data of natural persons, but also seeks to ensure full respect for the rights set out in Article 7\n (Respect for private and family life) of the Charter of Fundamental Rights.","location":[["Proposal for a regulation","Recital 9"]],"meps":[1913,124949,28377,37312,96915,29579,4545],"meta":{"created":"2019-07-03T06:35:34"},"new":["(9) The legal framework on the","protection of natural persons with regard to","the processing of personal data, in","particular Regulation (EU) 2016/67930 and","Directive (EU) 2016/68031 as well as the","legal framework on the respect for private","life and the protection of personal data in","electronic communications, in particular","Directive 2002/58/EC32 to be repealed by","new regulation 2017/003 (COD)32a should","not be affected by this Regulation.","_________________","30","Regulation (EU) 2016/679 of the","European Parliament and of the Council of","27 April 2016 on the protection of natural","persons with regard to the processing of","personal data and on the free movement of","such data, and repealing Directive","95/46/EC (General Data Protection","Regulation) (OJ L 119, 4.5.2016, p. 1).","31","Directive (EU) 2016/680 of the","European Parliament and of the Council of","27 April 2016 on the protection of natural","persons with regard to the processing of","personal data by competent authorities for","the purposes of the prevention,","investigation, detection or prosecution of","criminal offences or the execution of","criminal penalties, and on the free","movement of such data, and repealing","Council Framework Decision","2008/977/JHA (OJ L 119, 4.5.2016, p. 89).","32","Directive 2002/58/EC of the European","Parliament and of the Council of 12 July","2002 concerning the processing of personal","data and the protection of privacy in the","electronic communications sector","(Directive on privacy and electronic","communications) (OJ L 201, 31.7.2002, p.","37).","32aRegulation of the European","Parliament and the Council concerning","the respect for private life and the","protection of personal data in electronic","communications and repealing Directive","2002/58/EC."],"old":["(9) The legal framework on the","protection of natural persons with regard to","the processing of personal data, in","particular Regulation (EU) 2016/67930,","Directive (EU) 2016/68031 and Directive","2002/58/EC32 should not be affected by","this Regulation.","_________________","30","Regulation (EU) 2016/679 of the","European Parliament and of the Council of","","","27 April 2016 on the protection of natural","persons with regard to the processing of","personal data and on the free movement of","such data, and repealing Directive","95/46/EC (General Data Protection","Regulation) (OJ L 119, 4.5.2016, p. 1).","31","Directive (EU) 2016/680 of the","European Parliament and of the Council of","27 April 2016 on the protection of natural","persons with regard to the processing of","personal data by competent authorities for","the purposes of the prevention,","investigation, detection or prosecution of","criminal offences or the execution of","criminal penalties, and on the free","movement of such data, and repealing","Council Framework Decision","2008/977/JHA (OJ L 119, 4.5.2016, p. 89).","32","Directive 2002/58/EC of the European","Parliament and of the Council of 12 July","2002 concerning the processing of personal","data and the protection of privacy in the","electronic communications sector","(Directive on privacy and electronic","communications) (OJ L 201, 31.7.2002, p.","37)."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"65","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":" Birgit Sippel","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-66","justification":" The scope of the ePrivacy directive is broader than the protection of personal data of natural\n persons. It seeks to ensure full respect for Articles7 and 8 of the Charter of Fundamental\n Rights. The amendment seeks to make sure the Regulation fully respects the Charter of\n Fundamental Rights: The free flow of non-personal data will not affect any of the provisions\n of the ePrivacy rules which cover both data protection and the protection of confidentiality of\n both natural and of legal persons.","meps":[96932],"meta":{"created":"2019-07-03T06:35:34"},"new":["(9) The legal framework on the","protection of natural persons with regard to","the processing of personal data, in","particular Regulation (EU) 2016/67930 and","Directive (EU) 2016/68031 are not affected","by this Regulation. The legal framework","on the respect for private life and the","protection of personal data in electronic","communications, in particular Directive","2002/58/EC, is not affected by this","Regulation.","_________________","30","Regulation (EU) 2016/679 of the","European Parliament and of the Council of","27 April 2016 on the protection of natural","persons with regard to the processing of","personal data and on the free movement of","such data, and repealing Directive","95/46/EC (General Data Protection","Regulation) (OJ L 119, 4.5.2016, p. 1).","31","Directive (EU) 2016/680 of the","European Parliament and of the Council of","27 April 2016 on the protection of natural","persons with regard to the processing of","personal data by competent authorities for","the purposes of the prevention,","investigation, detection or prosecution of","criminal offences or the execution of","criminal penalties, and on the free","movement of such data, and repealing","Council Framework Decision","2008/977/JHA (OJ L 119, 4.5.2016, p. 89)."],"old":["(9) The legal framework on the","protection of natural persons with regard to","the processing of personal data, in","particular Regulation (EU) 2016/67930,","Directive (EU) 2016/68031 and Directive","2002/58/EC32 should not be affected by","this Regulation.","_________________","30","Regulation (EU) 2016/679 of the","European Parliament and of the Council of","27 April 2016 on the protection of natural","persons with regard to the processing of","personal data and on the free movement of","such data, and repealing Directive","95/46/EC (General Data Protection","Regulation) (OJ L 119, 4.5.2016, p. 1).","31","Directive (EU) 2016/680 of the","European Parliament and of the Council of","27 April 2016 on the protection of natural","persons with regard to the processing of","personal data by competent authorities for","the purposes of the prevention,","investigation, detection or prosecution of","criminal offences or the execution of","criminal penalties, and on the free","movement of such data, and repealing","Council Framework Decision","2008/977/JHA (OJ L 119, 4.5.2016, p. 89).","32Directive 2002/58/EC of the European","Parliament and of the Council of 12 July","2002 concerning the processing of personal","data and the protection of privacy in the","electronic communications sector","(Directive on privacy and electronic","communications) (OJ L 201, 31.7.2002, p.","37)."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"66","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":" Maria Grapini","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-67","location":[[" Proposal for a regulation","Recital 9"]],"meps":[124785],"meta":{"created":"2019-07-03T06:35:34"},"new":["(9) The legal framework on the","protection of natural persons with regard to","the processing of personal data, in","particular Regulation (EU) 2016/679,30","Directive (EU) 2016/68031 and Directive","2002/58/EC32 must not be affected by this","Regulation.","_________________","30","Regulation (EU) 2016/679 of the","European Parliament and of the Council of","27 April 2016 on the protection of natural","persons with regard to the processing of","personal data and on the free movement of","such data, and repealing Directive","95/46/EC (General Data Protection","Regulation) (OJ L 119, 4.5.2016, p. 1).","31","Directive (EU) 2016/680 of the European","Parliament and of the Council of 27 April","2016 on the protection of natural persons","with regard to the processing of personal","data by competent authorities for the","purposes of the prevention, investigation,","detection or prosecution of criminal","offences or the execution of criminal","penalties, and on the free movement of","such data, and repealing Council","Framework Decision 2008/977/JHA (OJ L","119, 4.5.2016, p. 89).","32","Directive 2002/58/EC of the European","Parliament and of the Council of 12 July","2002 concerning the processing of personal","data and the protection of privacy in the","electronic communications sector","(Directive on privacy and electronic","communications) (OJ L 201, 31.7.2002, p.","37)."],"old":["(9) The legal framework on the","protection of natural persons with regard to","the processing of personal data, in","particular Regulation (EU) 2016/679,30","Directive (EU) 2016/68031 and Directive","2002/58/EC32 should not be affected by","this Regulation.","_________________","30","Regulation (EU) 2016/679 of the","European Parliament and of the Council of","27 April 2016 on the protection of natural","persons with regard to the processing of","personal data and on the free movement of","such data, and repealing Directive","95/46/EC (General Data Protection","Regulation) (OJ L 119, 4.5.2016, p. 1).","31","Directive (EU) 2016/680 of the European","Parliament and of the Council of 27 April","2016 on the protection of natural persons","with regard to the processing of personal","data by competent authorities for the","purposes of the prevention, investigation,","detection or prosecution of criminal","offences or the execution of criminal","penalties, and on the free movement of","such data, and repealing Council","Framework Decision 2008/977/JHA (OJ L","119, 4.5.2016, p. 89).","","32","Directive 2002/58/EC of the European","Parliament and of the Council of 12 July","2002 concerning the processing of personal","data and the protection of privacy in the","electronic communications sector","(Directive on privacy and electronic","communications) (OJ L 201, 31.7.2002, p.","37)."],"orig_lang":"ro","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"67","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":"Evelyne Gebhardt, Lucy Anderson, Lidia Joanna Geringer de Oedenberg, Sergio Gaetano Cofferati, Catherine Stihler","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-68","location":[["Proposal for a regulation","Recital 9 a (new)"]],"meps":[1913,124949,28377,96915,4545],"meta":{"created":"2019-07-03T06:35:34"},"new":["(9a) This Regulation should not apply","to the storage or other processing of","electronic data in the case of any","intermixture of non-personal data and","personal data, or in the case of any","combination of non-personal data that","could lead to personal data or to identify a","person."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"68","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":"Myl\u00e8ne Troszczynski","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-69","location":[["Proposal for a regulation","Recital 10"]],"meps":[124758],"meta":{"created":"2019-07-03T06:35:34"},"new":["deleted"],"old":["(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."],"orig_lang":"fr","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"69","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":" Edward Czesak","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-70","justification":" The regulations on the flow of personal and non-personal data should constitute separate\n legal regimes. In the case, where personal and non-personal data are inextricably linked and\n cannot be technically unbundled in data set, we should apply this regulation, taking into\n\naccount GDPR for personal data. In any case, we cannot forget about the objectives of this\nregulation, i.e. not creating barriers to the free flow of non-personal data. There is no need to\ncreate new definitions, i.e. mix data. The transparency with GDPR is important, so \u201cdata set\u201d\nis sufficient.","location":[[" Proposal for a regulation","Recital 10"]],"meps":[132925],"meta":{"created":"2019-07-03T06:35:34"},"new":["(10) Regulation (EU) 2016/679 and this","Regulation provide a coherent set of rules","that cater for the free movement of","different types of data. In practice most","data sets held by companies contain both","personal and non-personal data, therefore","the Regulation (EU) 2016/679 should be","applied to the personal data part of the","set, and this Regulation should be applied","to the non-personal data part of the set. In","the case of non-personal and personal","data in the set are inextricably linked and","cannot be technically unbundled, this","Regulation should, without prejudice to","the Regulation (EU) 2016/679, apply to","whole set. Without prejudice to this","Regulation, the Regulation (EU) 2016/679","should not be applied to abuse the interest","of Member States in bringing down in","practice any barriers to the flow of non-","personal data."],"old":["(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."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"70","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":"Cornelia Ernst, Dennis de Jong","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-71","location":[["Proposal for a regulation","Recital 10"]],"meps":[96852,96748],"meta":{"created":"2019-07-03T06:35:34"},"new":["(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.","Regulation (EU)2016/679 requires, inter","alia, that personal data should be","processed lawfully, fairly and in a","transparent manner, collected for","specified, explicit purposes and not","further processed in a manner that is","incompatible with those purposes, and","that the controller shall be responsible","for, and be able to demonstrate","compliance with these requirements. The","principle of integrity and confidentiality","as set out in the General Data Protection","Regulation stipulates that personal data","be processed in a manner that ensures","appropriate security of the personal data,","including protection against unauthorised","or unlawful processing and against","accidental loss, destruction or damage,","using appropriate technical or","organisational measures. Therefore,","where personal data and non-personal","data are inextricably linked in a data set,","Regulation(EU) 2016/679 is applicable to","the whole set."],"old":["(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.","",""],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"71","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":" Christel Schaldemose, Liisa Jaakonsaari, Arndt Kohn, Lucy Anderson, Marc Tarabella, Virginie Rozi\u00e8re, Eva Kaili","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-72","location":[[" Proposal for a regulation","Recital 10"]],"meps":[37312,96684,186884,124949,29579,103845,125109],"meta":{"created":"2019-07-03T06:35:34"},"new":["(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.","Regulation (EU) 2016/679 and this","Regulation provide a coherent set of rules","that cater for free movement of different","types of data. In the case of mixed data","sets, Regulation (EU) 2016/679 should","apply to the personal data part of the set,","and this Regulation should apply to the","non-personal data part of the set. Where","non-personal and personal data are","inextricably linked, this Regulation","should not prejudice the application of","Regulation (EU) 2016/679. The protection","of the privacy of natural and legal persons","as well as the protection of the processing","of personal data, in particular Regulation","(EU) 2016/679, Directive (EU) 2016/680","and Directive 2002/58/EC shall not be","affected by this. Furthermore, this","Regulation does not impose an obligation","to store the different types of data","separately."],"old":["(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."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"72","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":"Daniel Dalton, Richard Sul\u00edk","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-73","location":[["Proposal for a regulation","Recital 10"]],"meps":[35135,124928],"meta":{"created":"2019-07-03T06:35:34"},"new":["(10) Under Article 16 of the Services","Directive the prohibition of the free flow","of services including data processing","prevent data being localised for reasons","other than public security. 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. Regulation (EU)","2016/679 and this Regulation provide a","coherent set of rules that cater for the free","movement of different types of data. In","the case of mixed data sets, this","Regulation should apply to the non-","personal data part of the set. Where non-","personal and personal data in a mixed","data set are inextricably linked, this","Regulation should, without prejudice to","Regulation (EU) 2016/679, apply to the","whole set, in regard to localisation","practices. Furthermore, this Regulation","imposes neither an obligation to store the","different types of data separately nor an","obligation to unbundle mixed data sets."],"old":["(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."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"73","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":" Sergio Guti\u00e9rrez Prieto, Lucy Anderson","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-74","location":[[" Proposal for a regulation","Recital 10"]],"meps":[103488,124949],"meta":{"created":"2019-07-03T06:35:34"},"new":["(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.","Regulation 2016/679 and this Regulation","regulate respectively personal and non-","personal data. In the case of closely","linked mixed data, which cannot be","separated either technically or","economically, this Regulation should as a","whole, without prejudice to Regulation","2016/679. In those cases where a set of","mixed data includes personal data that","may directly affect the protection of","physical persons, and put at stake the","fundamental rights and freedoms thereof,","Regulation 2016/679 will apply."],"old":["(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."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"74","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":" Marco Zullo, Dario Tamburrano","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-75","justification":"The GDPR prohibits the localisation of personal data. To avoid overlaps that could lead to\nconfusion, Regulation 2016/679 should also apply to mixed data sets which contain a mix of\npersonal and non-personal data, where it is not possible to draw a distinction between them.\nThe GDPR does not adequately cover other types of data, such as metadata, flow data and\ndata stored by apps, which means that the ePrivacy Regulation should also apply.","location":[[" Proposal for a regulation","Recital 10"]],"meps":[125237,124813],"meta":{"created":"2019-07-03T06:35:34"},"new":["(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.","Where there are mixed data sets, this","Regulation should apply to the non-","personal data part of the set. If it is not","possible to draw a clear distinction","between personal data and non-personal","data within the data set, Regulation (EU)","2016/679 and Regulation 2017/0003","(COD) should apply."],"old":["(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."],"orig_lang":"it","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"75","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":"Philippe Juvin","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-76","location":[["Proposal for a regulation","Recital 10"]],"meps":[96884],"meta":{"created":"2019-07-03T06:35:35"},"new":["(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","relates to the public archives, or if they","would be justified for reasons of public","security or public health. Where personal","and non-personal data are inextricably","linked, Regulation (EU) No 2016/679","applies."],"old":["(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.",""],"orig_lang":"fr","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"76","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":" Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-77","justification":" For legal certainty a clarification needed on the meaning of the public security notion,\n therefore a reference was made to Union law, in particular Article 52 of the Treaty on the\n Functioning of the European Union","location":[[" Proposal for a regulation","Recital 10"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:35"},"new":["(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 public security","reasons as defined by Union law, in","particular Article 52 of the Treaty on the","Functioning of the European Union."],"old":["(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."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"77","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":" Christel Schaldemose, Liisa Jaakonsaari, Arndt Kohn, Sergio Guti\u00e9rrez Prieto, Lucy Anderson, Sergio Gaetano Cofferati, Marc Tarabella, Virginie Rozi\u00e8re, Eva Kaili, Catherine Stihler, Evelyne Gebhardt","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-78","location":[["Proposal for a regulation","Recital 10 a (new)"]],"meps":[37312,96684,186884,103488,124949,96915,29579,103845,125109,4545,1913],"meta":{"created":"2019-07-03T06:35:35"},"new":["(10a) Whereas data that is neither","personal nor non-personal does not exist","by definition, new technological","advancements in big data analytics have","opened up for the possibility to turn","anonymised non-personal data into","personal data by comparing and","aggregating large quantities of non-","personal data. In this case, the line","between personal data and non-personal","data is not fixed but rather depends upon","technological developments and new uses","of technologies. In these instances, where","non-personal data has become","personalised, the data should be treated as","such and the provisions laid down in","Regulation (EU) 2016/679 should apply","accordingly."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"78","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":"Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-79","justification":" In particular, the underlining idea of recital (26) of Regulation 2016/679 need to be mirrored\n and adapted in the Regulation that completes the legal framework establishing the treatment\n of data.","location":[["Proposal for a regulation","Recital 10 a (new)"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:35"},"new":["(10a) This Regulation should apply to","non-personal data. Where a natural","person is directly or indirectly identifiable","following the Regulation 2016/679","(GDPR), a data set cannot be considered","non-personal. Furthermore, mixed data","sets should be considered mixed where","personal and non-personal data are","inextricably linked. Therefore such data","sets should be considered as personal data","and only the GDPR applies. This","Regulation should neither impose an","obligation to store personal and non-","personal data separately nor an obligation","to unbundle mixed data sets."],"old":[""],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"79","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":" Eva Maydell","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-80","location":[[" Proposal for a regulation","Recital 10 a (new)"]],"meps":[98341],"meta":{"created":"2019-07-03T06:35:35"},"new":["(10a) Where personal and non-personal","data are inextricably linked, this","Regulation should be applied to the whole","data set. This Regulation should not","create preconditions for mixed data sets to","be broken down into their constituent","parts or stored separately, nor make this","an obligation."],"orig_lang":"bg","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"80","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":" Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-81","location":[[" Proposal for a regulation","Recital 10 a (new)"]],"meps":[28223],"meta":{"created":"2019-07-03T06:35:35"},"new":["(10a) In cases where personal and non-","personal data are inextricably linked, this","Regulation does not impose an obligation","to unbundle the mixed data sets. In such","cases, this Regulation shall apply to the","mixed data set in its entirety, without","prejudice to Regulation (EU) 2016/679."],"old":[""],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"81","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":"Christel Schaldemose, Liisa Jaakonsaari, Olga Sehnalov\u00e1, Arndt Kohn, Sergio Guti\u00e9rrez Prieto, Lucy Anderson, Marc Tarabella, Virginie Rozi\u00e8re, Eva Kaili, Catherine Stihler, Evelyne Gebhardt","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-82","location":[["Proposal for a regulation","Recital 10 b (new)"]],"meps":[37312,96684,96718,186884,103488,124949,29579,103845,125109,4545,1913],"meta":{"created":"2019-07-03T06:35:35"},"new":["(10b) The growing availability of","Internet of Things (IoT) and the","development of machine learning and","Artificial Intelligence (AI) goes hand in","hand with the proliferation of devices that","collect non-personal data. These new","technologies are already used in farm","productivity, translation, manufacturing","robots and navigation systems among","others. However, data collected within","certain industries could contain both","personal and non-personal data and","should be treated under the Regulation","(EU) 2016/679 and this regulation","respectively."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"82","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":"Christel Schaldemose, Liisa Jaakonsaari, Olga Sehnalov\u00e1, Arndt Kohn, Sergio Guti\u00e9rrez Prieto, Lucy Anderson, Marc Tarabella, Virginie Rozi\u00e8re, Eva Kaili, Catherine Stihler","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-83","location":[["Proposal for a regulation","Recital 10 c (new)"]],"meps":[37312,96684,96718,186884,103488,124949,29579,103845,125109,4545],"meta":{"created":"2019-07-03T06:35:35"},"new":["(10c) The Commission should provide","clear and easily accessible guidelines on","the legal treatment of mixed data sets in","order for especially SMEs to handle the","interaction between this Regulation and","Regulation (EU) 2016/679."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"83","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":" Daniel Dalton, Edward Czesak, Richard Sul\u00edk, Anneleen Van Bossuyt","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-84","location":[[" Proposal for a regulation","Recital 11"]],"meps":[35135,132925,124928,117491],"meta":{"created":"2019-07-03T06:35:35"},"new":["(11) This Regulation should apply to","data processing in the broadest sense,","encompassing the usage of all types of IT","systems, whether located on the premises","of the user or outsourced to a data","processing service provider. It should","cover data processing of different levels of","intensity, from data storage (Infrastructure-","as-a-Service (IaaS)) to the processing of","data on platforms (Platform-as-a-Service","(PaaS)) or in applications (Software-as-a-","Service (SaaS)). These different services","should be within the scope of this","Regulation, unless data processing is","merely ancillary to a service of a different","type, such as providing an online","marketplace intermediating between","service providers and consumers or","business users."],"old":["(11) This Regulation should apply to","data storage or other processing in the","broadest 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. It should cover data processing of","different levels of intensity, from data","storage (Infrastructure-as-a-Service (IaaS))","to the processing of data on platforms","(Platform-as-a-Service (PaaS)) or in","applications (Software-as-a-Service","(SaaS)). These different services should be","within the scope of this Regulation, unless","data storage or other processing is merely","ancillary to a service of a different type,","such as providing an online marketplace","intermediating between service providers","and consumers or business users."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"84","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":" Evelyne Gebhardt, Lucy Anderson, Lidia Joanna Geringer de Oedenberg, Christel Schaldemose","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-85","meps":[1913,124949,28377,37312],"meta":{"created":"2019-07-03T06:35:35"},"new":["(11) This Regulation should apply to","electronic data storage or other processing,","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. It","should cover data processing of different","levels of intensity, from data storage","(Infrastructure-as-a-Service (IaaS)) to the","processing of data on platforms (Platform-","as-a-Service (PaaS)) or in applications","(Software-as-a-Service (SaaS)). These","different services should be within the","scope of this Regulation, unless data","storage or other processing is merely","ancillary to a service of a different type,","such as providing an online marketplace","intermediating between service providers","and consumers or business users."],"old":["(11) This Regulation should apply to","data storage or other processing in the","broadest 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. It should cover data processing of","different levels of intensity, from data","storage (Infrastructure-as-a-Service (IaaS))","to the processing of data on platforms","(Platform-as-a-Service (PaaS)) or in","applications (Software-as-a-Service","(SaaS)). These different services should be","within the scope of this Regulation, unless","data storage or other processing is merely","ancillary to a service of a different type,","such as providing an online marketplace","intermediating between service providers","and consumers or business users."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"85","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":"Myl\u00e8ne Troszczynski","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-86","location":[["Proposal for a regulation","Recital 12"]],"meps":[124758],"meta":{"created":"2019-07-03T06:35:35"},"new":["deleted"],"old":["(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."],"orig_lang":"fr","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"86","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":" Philippe Juvin","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-87","location":[[" Proposal for a regulation","Recital 12"]],"meps":[96884],"meta":{"created":"2019-07-03T06:35:35"},"new":["(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. 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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."],"old":["(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. 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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."],"old":["(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."],"orig_lang":"bg","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"90","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":"Sergio Guti\u00e9rrez Prieto, Lucy Anderson","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-91","location":[["Proposal for a regulation","Recital 12"]],"meps":[103488,124949],"meta":{"created":"2019-07-03T06:35:35"},"new":["(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. 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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 the 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."],"old":["(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."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"92","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":"Christel Schaldemose, Liisa Jaakonsaari, Nicola Danti, Arndt Kohn, Sergio Guti\u00e9rrez Prieto, Pina Picierno, Lucy Anderson, Marc Tarabella, Eva Kaili, Catherine Stihler","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-93","location":[["Proposal for a regulation","Recital 12 a (new)"]],"meps":[37312,96684,124821,186884,103488,124846,124949,29579,125109,4545],"meta":{"created":"2019-07-03T06:35:36"},"new":["(12a) The concept of \u2018public security\u2019, is","understood within the meaning of Article","52 of the TFEU and as interpreted by the","European Court of Justice. The concept","of \u2018public security\u2019 covers both the","internal and external security of a","Member State. Public security","presupposes the existence of a genuine","and sufficiently serious threat affecting","one of the fundamental interests of","society, such as a threat to the functioning","of institutions and essential public","services and the survival of the","population, as well as by risk of a serious","disturbance to foreign relations or the","peaceful coexistence of nations, or a risk","of military interest."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"93","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":"Sergio Guti\u00e9rrez Prieto, Lucy Anderson","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-94","meps":[103488,124949],"meta":{"created":"2019-07-03T06:35:36"},"new":["(12a) The concept of \u201cpublic security\u201d","within the meaning of Article 52 of the","TFEU, encompasses the internal and","external security of Member States. As","established by the case law of the CJEU,","the concept of imperative grounds of","public security involves not only the","existence of impairment of public safety,","but also that such impairment presents a","particularly high level of seriousness."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"94","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":" Andreas Schwab","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-95","location":[[" Proposal for a regulation","Recital 12 a (new)"]],"meps":[28223],"meta":{"created":"2019-07-03T06:35:36"},"new":["(12a) The only justification to for data","localisation requirements is public","security. In compliance with the principle","of proportionality, data localisation","requirements that are justified for public","security reasons should be suitable for","attaining the objective pursued, and","should not go beyond what is necessary to","attain that objective."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"95","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":" Myl\u00e8ne Troszczynski","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-96","location":[[" Proposal for a regulation","Recital 13"]],"meps":[124758],"meta":{"created":"2019-07-03T06:35:36"},"new":["deleted"],"old":["(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)."],"orig_lang":"fr","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"96","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":"Daniel Dalton, Richard Sul\u00edk","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-97","location":[["Proposal for a regulation","Recital 13"]],"meps":[35135,124928],"meta":{"created":"2019-07-03T06:35:36"},"new":["(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 immediately","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.","_________________","33","Directive (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)."],"old":["(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.","_________________","33","Directive (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)."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"97","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":" Eva Maydell","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-98","location":[[" Proposal for a regulation","Recital 13"]],"meps":[98341],"meta":{"created":"2019-07-03T06:35:36"},"new":["(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 immediately","communicate 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.","_________________","33","Directive (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)."],"old":["(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.","_________________","33","Directive (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)."],"orig_lang":"bg","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"98","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":"Myl\u00e8ne Troszczynski","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-99","location":[["Proposal for a regulation","Recital 14"]],"meps":[124758],"meta":{"created":"2019-07-03T06:35:36"},"new":["deleted"],"old":["(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."],"orig_lang":"fr","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"99","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":"Daniel Dalton, Edward Czesak, Richard Sul\u00edk","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-100","location":[["Proposal for a regulation","Recital 14"]],"meps":[35135,132925,124928],"meta":{"created":"2019-07-03T06:35:36"},"new":["(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 laws, regulations or","administrative provisions of a general","nature laying down 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."],"old":["(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."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"100","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":" Eva Maydell","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-101","location":[[" Proposal for a regulation","Recital 14"]],"meps":[98341],"meta":{"created":"2019-07-03T06:35:36"},"new":["(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 legislation, administrative","procedures and rules establishing data","localisation requirements and","communicate to the Commission, together","with a justification, any data localisation","requirement that they consider being in","compliance with this Regulation. These","communications should enable the","Commission to assess the compliance of","any remaining data localisation","requirements."],"old":["(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."],"orig_lang":"bg","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"101","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":" Evelyne Gebhardt, Lucy Anderson, Arndt Kohn, Christel Schaldemose, Catherine Stihler","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-102","location":[[" Proposal for a regulation","Recital 14"]],"meps":[1913,124949,186884,37312,4545],"meta":{"created":"2019-07-03T06:35:36"},"new":["(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 or federal 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."],"old":["(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."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"102","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":"Daniel Dalton, Edward Czesak, Richard Sul\u00edk","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-103","location":[["Proposal for a regulation","Recital 15"]],"meps":[35135,132925,124928],"meta":{"created":"2019-07-03T06:35:36"},"new":["(15) In order to ensure the transparency","of data localisation requirements in the","Member States for natural and legal","persons, such as providers and users of","data processing services, details of such","requirements on a single online","information point or should provide such","details to a Union-level information point","established under another Union act.","Member States should regularly update","this information. In order to appropriately","inform legal and natural persons of data","localisation requirements across the Union,","Member States should notify to the","Commission the addresses of such online","points. The Commission should publish","this information on its own website, along","with a consolidated list of data","localisation requirements in force in","Member States."],"old":["(15) In order to ensure the transparency","of data localisation requirements in the","Member States for natural and legal","persons, such as providers and users of","data storage or other processing services,","Member States should publish on a single","online information point and regularly","update the information on such measures.","In order to appropriately inform legal and","natural persons of data localisation","requirements across the Union, Member","States should notify to the Commission the","addresses of such online points. The","Commission should publish this","information on its own website."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"103","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":" Eva Maydell","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-104","location":[[" Proposal for a regulation","Recital 15"]],"meps":[98341],"meta":{"created":"2019-07-03T06:35:36"},"new":["(15) In order to ensure the transparency","of data localisation requirements in the","Member States for natural and legal","persons, such as providers and users of","data storage or other processing services,","Member States should publish on a single","online information point and regularly","update the information on such measures.","In order to appropriately inform legal and","natural persons of data localisation","requirements across the Union, Member","States should notify to the Commission the","addresses of such online points. The","Commission should publish this","information on its own internet pages,","along with a consolidated list of the","existing data localisation requirements in","force in the Member States."],"old":["(15) In order to ensure the transparency","of data localisation requirements in the","Member States for natural and legal","persons, such as providers and users of","data storage or other processing services,","Member States should publish on a single","online information point and regularly","update the information on such measures.","In order to appropriately inform legal and","natural persons of data localisation","requirements across the Union, Member","States should notify to the Commission the","addresses of such online points. The","Commission should publish this","information on its own website."],"orig_lang":"bg","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"104","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":" Evelyne Gebhardt, Lucy Anderson, Lidia Joanna Geringer de Oedenberg, Sergio Gaetano Cofferati, Marc Tarabella","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-105","location":[[" Proposal for a regulation","Recital 16"]],"meps":[1913,124949,28377,96915,29579],"meta":{"created":"2019-07-03T06:35:36"},"new":["(16) Data localisation requirements are","frequently underpinned by a lack of trust in","cross-border data storage or other","processing, deriving from the presumed","unavailability of data for the purposes of","the competent authorities of the Member","States, such as for inspection and audit for","regulatory or supervisory control.","Therefore, this Regulation should clearly","establish that it does not affect the powers","of competent authorities to request and","receive access to data in accordance with","Union or national law, and that access to","data by competent authorities may not be","refused on the basis that the data is stored","or otherwise processed in another Member","State, neither by the provider according to","Art. 3 No. 4, nor by the professional user","according to Art. 3 No. 8, nor by any","authority of the other Member State with","the exception of Art. 7 of this regulation."],"old":["(16) Data localisation requirements are","frequently underpinned by a lack of trust in","cross-border data storage or other","processing, deriving from the presumed","unavailability of data for the purposes of","the competent authorities of the Member","States, such as for inspection and audit for","regulatory or supervisory control.","","Therefore, this Regulation should clearly","establish that it does not affect the powers","of competent authorities to request and","receive access to data in accordance with","Union or national law, and that access to","data by competent authorities may not be","refused on the basis that the data is stored","or otherwise processed in another Member","State."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"105","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":"Philippe Juvin","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-106","location":[["Proposal for a regulation","Recital 16"]],"meps":[96884],"meta":{"created":"2019-07-03T06:35:37"},"new":["(16) Data localisation requirements are","frequently underpinned by a lack of trust in","cross-border data storage or other","processing, deriving from the fear of","different security levels in each Member","State and the presumed unavailability of","data for the purposes of the competent","authorities of the Member States, such as","for inspection and audit for regulatory or","supervisory control. Therefore, the security","of data hosting systems should be stepped","up in all Member States, and it should be","clearly established that this Regulation","does not affect the powers of competent","authorities to request and receive access to","data in accordance with Union or national","law, and that access to data by competent","authorities may not be refused on the basis","that the data is stored or otherwise","processed in another Member State."],"old":["(16) Data localisation requirements are","frequently underpinned by a lack of trust in","cross-border data storage or other","processing, deriving from the presumed","unavailability of data for the purposes of","the competent authorities of the Member","States, such as for inspection and audit for","regulatory or supervisory control.","Therefore, this Regulation should clearly","establish that it does not affect the powers","of competent authorities to request and","receive access to data in accordance with","Union or national law, and that access to","data by competent authorities may not be","refused on the basis that the data is stored","or otherwise processed in another Member","State."],"orig_lang":"fr","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"106","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":" Daniel Dalton, Edward Czesak, Richard Sul\u00edk","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-107","location":[[" Proposal for a regulation","Recital 16"]],"meps":[35135,132925,124928],"meta":{"created":"2019-07-03T06:35:37"},"new":["(16) Data localisation requirements are","frequently underpinned by a lack of trust in","cross-border data processing, deriving from","the presumed unavailability of data for the","purposes of the competent authorities of","the Member States, such as for inspection","and audit for regulatory or supervisory","control. Therefore, this Regulation should","clearly establish that it does not affect the","powers of competent authorities to request","and receive access to data in accordance","with Union or national law, and that access","to data by competent authorities may not","be refused on the basis that the data is","stored or otherwise processed in another","Member State. Furthermore, this","regulation should not affect the powers of","competent authorities to adopt regulation","that ensures authorities online access to","data held abroad."],"old":["(16) Data localisation requirements are","frequently underpinned by a lack of trust in","cross-border data storage or other","processing, deriving from the presumed","unavailability of data for the purposes of","the competent authorities of the Member","States, such as for inspection and audit for","regulatory or supervisory control.","Therefore, this Regulation should clearly","establish that it does not affect the powers","of competent authorities to request and","receive access to data in accordance with","Union or national law, and that access to","data by competent authorities may not be","refused on the basis that the data is stored","or otherwise processed in another Member","State."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"107","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":" Daniel Dalton, Edward Czesak, Richard Sul\u00edk, Anneleen Van Bossuyt","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-108","location":[[" Proposal for a regulation","Recital 17"]],"meps":[35135,132925,124928,117491],"meta":{"created":"2019-07-03T06:35:37"},"new":["(17) Natural or legal persons who are","subject to obligations to provide data to","competent authorities can comply with","such obligations by providing and","guaranteeing effective and timely","electronic access to the data to competent","authorities, regardless of the Member State","in the territory of which the data is stored","or otherwise processed. Such access may","be ensured through concrete terms and","conditions in contracts between the natural","or legal person subject to the obligation to","provide access and the data processing","service provider."],"old":["(17) Natural or legal persons who are","subject to obligations to provide data to","competent authorities can comply with","such obligations by providing and","guaranteeing effective and timely","","","electronic access to the data to competent","authorities, regardless of the Member State","in the territory of which the data is stored","or otherwise processed. Such access may","be ensured through concrete terms and","conditions in contracts between the natural","or legal person subject to the obligation to","provide access and the data storage or","other processing service provider."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"108","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":"Daniel Dalton, Richard Sul\u00edk","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-109","location":[["Proposal for a regulation","Recital 18"]],"meps":[35135,124928],"meta":{"created":"2019-07-03T06:35:37"},"new":["(18) Where a natural or legal person","subject to obligations to provide data fails","to comply with them the competent","authority should be able to seek assistance","from competent authorities in other","Member States. In such cases, competent","authorities should use specific cooperation","instruments in Union law or international","agreements, depending on the subject","matter in a given case, such as, in the area","of police cooperation, criminal or civil","justice or in administrative matters","respectively, Framework Decision","2006/96034, Directive 2014/41/EU of the","European Parliament and of the Council35,","the Convention on Cybercrime of the","Council of Europe36, Council Regulation","(EC) No 1206/200137, Council Directive","2006/112/EC38 and Council Regulation","(EU) No 904/201039. In the absence of","such specific cooperation mechanisms,","competent authorities should cooperate","with each other with a view to provide","access to the data sought, through","designated single points of contact.","_________________","34","Council Framework Decision","2006/960/JHA of 18 December 2006 on","simplifying the exchange of information","and intelligence between law enforcement","authorities of the Member States of the","European Union (OJ L 386, 29.12.2006, p.","89).","35","Directive 2014/41/EU of the European","Parliament and of the Council of 3 April","2014 regarding the European Investigation","Order in criminal matters (OJ L 130,","1.5.2014, p. 1).","36","Convention on Cybercrime of the","Council of Europe, CETS No 185.","37","Council Regulation (EC) No 1206/2001","of 28 May 2001 on cooperation between","the courts of the Member States in the","taking of evidence in civil or commercial","matters (OJ L 174, 27.6.2001, p. 1).","38","Council Directive 2006/112/EC of 28","November 2006 on the common system of","value added tax (OJ L 347, 11.12.2006, p.","1).","39","Council Regulation (EU) No 904/2010","of 7 October 2010 on administrative","cooperation and combating fraud in the","field of value added tax (OJ L268,","12.10.2010, p.1)."],"old":["(18) Where a natural or legal person","subject to obligations to provide data fails","to comply with them and provided that a","competent authority has exhausted all","applicable means to obtain access to data,","the competent authority should be able to","seek assistance from competent authorities","in other Member States. In such cases,","competent authorities should use specific","cooperation instruments in Union law or","international agreements, depending on the","subject matter in a given case, such as, in","the area of police cooperation, criminal or","civil justice or in administrative matters","respectively, Framework Decision","2006/96034, Directive 2014/41/EU of the","European Parliament and of the Council35,","the Convention on Cybercrime of the","Council of Europe36, Council Regulation","(EC) No 1206/200137, Council Directive","2006/112/EC38 and Council Regulation","(EU) No 904/201039. In the absence of","such specific cooperation mechanisms,","competent authorities should cooperate","with each other with a view to provide","access to the data sought, through","","designated single points of contact, unless","it would be contrary to the public order of","the requested Member State.","_________________","34","Council Framework Decision","2006/960/JHA of 18 December 2006 on","simplifying the exchange of information","and intelligence between law enforcement","authorities of the Member States of the","European Union (OJ L 386, 29.12.2006, p.","89).","35","Directive 2014/41/EU of the European","Parliament and of the Council of 3 April","2014 regarding the European Investigation","Order in criminal matters (OJ L 130,","1.5.2014, p. 1).","36","Convention on Cybercrime of the","Council of Europe, CETS No 185.","37","Council Regulation (EC) No 1206/2001","of 28 May 2001 on cooperation between","the courts of the Member States in the","taking of evidence in civil or commercial","matters (OJ L 174, 27.6.2001, p. 1).","38","Council Directive 2006/112/EC of 28","November 2006 on the common system of","value added tax (OJ L 347, 11.12.2006, p.","1).","39","Council Regulation (EU) No 904/2010","of 7 October 2010 on administrative","cooperation and combating fraud in the","field of value added tax (OJ L268,","12.10.2010, p.1)."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"109","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":" Daniel Dalton, Edward Czesak, Richard Sul\u00edk","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-110","location":[[" Proposal for a regulation","Recital 19"]],"meps":[35135,132925,124928],"meta":{"created":"2019-07-03T06:35:37"},"new":["(19) Where a request for assistance","entails obtaining access to any premises of","a natural or legal person including to any","data processing equipment and means, by","the requested authority, such access must","be in accordance with Union or Member","State procedural law, including any","requirement to obtain prior judicial","authorisation. Obtaining data from a","private entity from another Member State","through the central contact point cannot","be used to circumvent the EU and","international legal aid regulations."],"old":["(19) Where a request for assistance","entails obtaining access to any premises of","a natural or legal person including to any","data storage or other processing equipment","and means, by the requested authority,","such access must be in accordance with","Union or Member State procedural law,","including any requirement to obtain prior","judicial authorisation."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"110","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":"Philippe Juvin","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-111","location":[["Proposal for a regulation","Recital 19 a (new)"]],"meps":[96884],"meta":{"created":"2019-07-03T06:35:37"},"new":["(19a) This regulation should not make it","possible for users to evade national laws.","The Member States should be free to","impose proportionate, effective and","deterrent penalties against users who","prevent the national authorities from","accessing data stored in another Member","State. If a physical or moral person does","not comply with the obligation to provide","these data, the relevant national","authorities can require that the data be","returned to their national territory."],"orig_lang":"fr","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"111","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":"Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-112","justification":" The proposed deletion of art. 3 (1) point 8 requires the deletion of the reference to\n professional user and adaptation of the text for legal consistency.","meps":[124816],"meta":{"created":"2019-07-03T06:35:37"},"new":["(20) The ability to port data without","hindrance is a key facilitator of user choice","and effective competition on markets for","data storage or other processing services.","The real or perceived difficulties to port","data cross-border also undermine the","confidence of users in taking up cross-","border offers and hence their confidence in","the internal market. Whereas natural","persons and consumers benefit from","existing Union legislation, the ability to","switch between service providers is not","facilitated for users in the course of their","business or other activities."],"old":["(20) The ability to port data without","hindrance is a key facilitator of user choice","and effective competition on markets for","data storage or other processing services.","The real or perceived difficulties to port","data cross-border also undermine the","confidence of professional users in taking","up cross-border offers and hence their","confidence in the internal market. Whereas","natural persons and consumers benefit","from existing Union legislation, the ability","to switch between service providers is not","facilitated for users in the course of their","business or professional activities."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"112","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":" Daniel Dalton, Edward Czesak, Richard Sul\u00edk, Anneleen Van Bossuyt","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-113","location":[[" Proposal for a regulation","Recital 20"]],"meps":[35135,132925,124928,117491],"meta":{"created":"2019-07-03T06:35:37"},"new":["(20) The ability to port data without","hindrance is a key facilitator of user choice","and effective competition on markets for","data processing services. The real or","perceived difficulties to port data cross-","border also undermine the confidence of","professional users in taking up cross-border","offers and hence their confidence in the","internal market. Whereas natural persons","and consumers benefit from existing Union","legislation, the ability to switch between","service providers is not facilitated for users","in the course of their business or","professional activities."],"old":["(20) The ability to port data without","hindrance is a key facilitator of user choice","and effective competition on markets for","data storage or other processing services.","The real or perceived difficulties to port","data cross-border also undermine the","confidence of professional users in taking","up cross-border offers and hence their","confidence in the internal market. Whereas","natural persons and consumers benefit","from existing Union legislation, the ability","to switch between service providers is not","","","facilitated for users in the course of their","business or professional activities."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"113","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":"Christel Schaldemose, Liisa Jaakonsaari, Nicola Danti, Arndt Kohn, Sergio Guti\u00e9rrez Prieto, Pina Picierno, Lucy Anderson, Sergio Gaetano Cofferati, Marc Tarabella, Eva Kaili, Evelyne Gebhardt","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-114","location":[["Proposal for a regulation","Recital 21"]],"meps":[37312,96684,124821,186884,103488,124846,124949,96915,29579,125109,1913],"meta":{"created":"2019-07-03T06:35:37"},"new":["(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 based on Commission non-","binding guidelines, in the form of Union","codes of conduct which may entail model","contract terms. When drafting the","guidelines, the Commission may take into","account \u201cCloud Service Level Agreement","Standardisation Guidelines\u201d and the","activities performed within the Cloud","Stakeholders\u2019 Platform initiative. The","Commission shall ensure that all relevant","stakeholders, including small and medium","enterprises and start-ups are consulted in","the process. Nonetheless, if such codes of","conduct are not put in place and effectively","implemented or do not sufficiently meet","the objectives of the proposed Regulation,","the Commission should review the","situation within two years after the entry","into force of this Regulation and","introduce, if appropriate, a statutory right","to data portability."],"old":["(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. Nonetheless, if such codes of","conduct are not put in place and effectively","implemented within a reasonable period","of time, the Commission should review the","situation.",""],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"114","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":" Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-115","justification":"This recital is needed in order to introduce the right to data portability, similar to GDPR\nprovisions and established through the amendments to art. 6.","location":[[" Proposal for a regulation","Recital 21"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:37"},"new":["(21) In order to take full advantage of","the competitive environment, 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 implement the right to","data portability, the detailed information","and operational requirements for data","porting, including the porting of data by","the providers on behalf of the user, 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, shall","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 the set period of time,","or if there is cause for concern, the","Commission should review the situation."],"old":["(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. Nonetheless, if such codes of","conduct are not put in place and effectively","implemented within a reasonable period of","time, the Commission should review the","situation."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"115","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":"Evelyne Gebhardt, Lucy Anderson, Lidia Joanna Geringer de Oedenberg, Virginie Rozi\u00e8re","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-116","location":[["Proposal for a regulation","Recital 21"]],"meps":[1913,124949,28377,103845],"meta":{"created":"2019-07-03T06:35:37"},"new":["(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 the","Commission, in the form of implementing","acts which may entail model contract","terms."],"old":["(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. Nonetheless, if such codes","of conduct are not put in place and","effectively implemented within a","reasonable period of time, the","Commission should review the situation."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"116","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":" Daniel Dalton, Edward Czesak, Richard Sul\u00edk","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-117","location":[[" Proposal for a regulation","Recital 21"]],"meps":[35135,132925,124928],"meta":{"created":"2019-07-03T06:35:37"},"new":["(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 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 processing services, the","detailed information and operational","requirements for data porting should be","defined by market players through self-","regulation, encouraged, facilitated and","monitored by the Commission, in the form","of Union codes of conduct which may","entail model contract terms. The","Commission should evaluate the","development and effective implementation","of these codes of conduct."],"old":["(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. Nonetheless, if such codes of","conduct are not put in place and","effectively implemented within a","reasonable period of time, the","Commission should review the situation."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"117","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":" Marco Zullo, Dario Tamburrano","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-118","location":[[" Proposal for a regulation","Recital 21"]],"meps":[125237,124813],"meta":{"created":"2019-07-03T06:35:37"},"new":["(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. Those","conditions should comply with the","General Data Protection Regulation","(GDPR), in particular with the provisions","set out in Article 20 and recital 68. 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. Nonetheless, if such codes of","conduct are not put in place and effectively","implemented within a reasonable period of","time, the Commission should review the","situation."],"old":["(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. Nonetheless, if such codes of","conduct are not put in place and effectively","implemented within a reasonable period of","time, the Commission should review the","situation."],"orig_lang":"it","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"118","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":"Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-119","justification":" Recital needed for legal consistency with the changes to art. 6.","location":[["Proposal for a regulation","Recital 21 a (new)"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:37"},"new":["(21a) Where data storage or other","processing of data is carried out, users","should 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 to another data storage or","processing service. Service providers","should provide the data in interoperable","formats, making use of open standards","and open specifications that enable data","portability."],"old":[""],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"119","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":" Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-120","justification":"Trust has been nominated as the biggest non legal barrier in the use of cloud services.\nTherefore, trust-building needs to be set as an objective of this regulation.","location":[[" Proposal for a regulation","Recital 24"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:37"},"new":["(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 need to avoid intrusive","legislation that would put into question","the security, integrity, or authenticity of","the data, such as government back-doors,","while 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 need","to be ensured."],"old":["(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."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"120","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":"Daniel Dalton, Edward Czesak, Richard Sul\u00edk, Anneleen Van Bossuyt","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-121","location":[["Proposal for a regulation","Recital 24"]],"meps":[35135,132925,124928,117491],"meta":{"created":"2019-07-03T06:35:38"},"new":["(24) Enhancing trust in the security of","cross-border data 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 processing activities,","including to service providers in other","Member States."],"old":["(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."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"121","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":"Daniel Dalton, Edward Czesak, Richard Sul\u00edk, Anneleen Van Bossuyt","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-122","location":[["Proposal for a regulation","Recital 25"]],"meps":[35135,132925,124928,117491],"meta":{"created":"2019-07-03T06:35:38"},"new":["(25) Any security requirements related","to data processing that are applied in a","justified and proportionate manner on the","basis of Union law or national law in","compliance with Union law in the Member","State of residence or establishment of the","natural or legal persons whose data is","concerned should continue to apply to the","processing of that data in another Member","State. These natural or legal persons should","be able to fulfil such requirements either","themselves or through contractual clauses","in contracts with providers."],"old":["(25) Any security requirements related","to data storage or other processing that are","applied in a justified and proportionate","manner on the basis of Union law or","national law in compliance with Union law","in the Member State of residence or","establishment of the natural or legal","persons whose data is concerned should","continue to apply to storage or other","processing of that data in another Member","","State. These natural or legal persons should","be able to fulfil such requirements either","themselves or through contractual clauses","in contracts with providers."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"122","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":" Marco Zullo, Dario Tamburrano","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-123","location":[[" Proposal for a regulation","Recital 26"]],"meps":[125237,124813],"meta":{"created":"2019-07-03T06:35:38"},"new":["(26) Security requirements set at","national level should be necessary and","proportionate to the risks posed to the","security of data storage or other processing","in the area in scope of the national law in","which these requirements are set. In","addition, intellectual property rights, trade","secrets and the right of companies to","protect their knowledge should be fully","respected."],"old":["(26) Security requirements set at","national level should be necessary and","proportionate to the risks posed to the","security of data storage or other processing","in the area in scope of the national law in","which these requirements are set."],"orig_lang":"it","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"123","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":" Evelyne Gebhardt, Lucy Anderson, Arndt Kohn, Christel Schaldemose, Catherine Stihler","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-124","location":[[" Proposal for a regulation","Recital 26"]],"meps":[1913,124949,186884,37312,4545],"meta":{"created":"2019-07-03T06:35:38"},"new":["(26) Security requirements set at","national or federal level should be","necessary and proportionate to the risks","posed to the security of data storage or","other processing in the area in scope of the","national law in which these requirements","are set."],"old":["(26) Security requirements set at","national level should be necessary and","proportionate to the risks posed to the","security of data storage or other processing","in the area in scope of the national law in","which these requirements are set."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"124","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":"Daniel Dalton, Edward Czesak, Richard Sul\u00edk, Anneleen Van Bossuyt","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-125","location":[["Proposal for a regulation","Recital 26"]],"meps":[35135,132925,124928,117491],"meta":{"created":"2019-07-03T06:35:38"},"new":["(26) Security requirements set at","national level should be necessary and","proportionate to the risks posed to the","security of data processing in the area in","scope of the national law in which these","requirements are set."],"old":["(26) Security requirements set at","national level should be necessary and","proportionate to the risks posed to the","security of data storage or other","processing in the area in scope of the","national law in which these requirements","are set."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"125","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":"Daniel Dalton, Edward Czesak, Richard Sul\u00edk, Anneleen Van Bossuyt","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-126","location":[["Proposal for a regulation","Recital 27"]],"meps":[35135,132925,124928,117491],"meta":{"created":"2019-07-03T06:35:38"},"new":["(27) Directive 2016/114841 provides for","legal measures to boost the overall level of","cybersecurity in the Union. Data","processing services constitute one of the","digital services covered by that Directive.","According to its Article 16, Member States","have to ensure that digital service providers","identify and take appropriate and","proportionate technical and organisational","measures to manage the risks posed to the","security of network and information","systems which they use. Such measures","should ensure a level of security","appropriate to the risk presented, and","should take into account the security of","systems and facilities, incident handling,","business continuity management,","monitoring, auditing and testing, and","compliance with international standards.","These elements are to be further specified","by the Commission in implementing acts","under that Directive.","_________________","41","Directive (EU) 2016/1148 of the","European Parliament and of the Council of","6 July 2016 concerning measures for a high","common level of security of network and","information systems across the Union (OJ","L 194, 19.7.2016, p. 1)."],"old":["(27) Directive 2016/114841 provides for","legal measures to boost the overall level of","cybersecurity in the Union. Data storage or","other processing services constitute one of","the digital services covered by that","Directive. According to its Article 16,","Member States have to ensure that digital","service providers identify and take","appropriate and proportionate technical and","organisational measures to manage the","risks posed to the security of network and","information systems which they use. Such","measures should ensure a level of security","appropriate to the risk presented, and","should take into account the security of","systems and facilities, incident handling,","business continuity management,","","monitoring, auditing and testing, and","compliance with international standards.","These elements are to be further specified","by the Commission in implementing acts","under that Directive.","_________________","41","Directive (EU) 2016/1148 of the","European Parliament and of the Council of","6 July 2016 concerning measures for a high","common level of security of network and","information systems across the Union (OJ","L 194, 19.7.2016, p. 1)."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"126","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":" Dita Charanzov\u00e1","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-127","location":[[" Proposal for a regulation","Recital 28"]],"meps":[124708],"meta":{"created":"2019-07-03T06:35:38"},"new":["(28) The Commission should","periodically submit a report on the","implementation of this Regulation, in","particular with a view to determining the","need for modifications in the light of","technological or market developments.","Such report should in particular evaluate","the experience gained in applying this","Regulation to mixed data sets, in order to","ensure that innovation flourishes, and","evaluate the implementation of the public","security exception. The Commission","should also publish guidelines on the","complementarity of this Regulation and","Regulation (EU) 2016/679 with regards to","mixed data sets."],"old":["(28) The Commission should","periodically review this Regulation, in","particular with a view to determining the","need for modifications in the light of","technological or market developments."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"127","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":"Christel Schaldemose, Liisa Jaakonsaari, Olga Sehnalov\u00e1, Arndt Kohn, Sergio Guti\u00e9rrez Prieto, Lucy Anderson, Sergio Gaetano Cofferati, Marc Tarabella, Virginie Rozi\u00e8re, Eva Kaili, Catherine Stihler","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-128","location":[["Proposal for a regulation","Recital 28"]],"meps":[37312,96684,96718,186884,103488,124949,96915,29579,103845,125109,4545],"meta":{"created":"2019-07-03T06:35:38"},"new":["(28) The Commission should","periodically review this Regulation, in","particular with a view to determining the","need for modifications in the light of","technological or market developments,","especially with regards to the development","of artificial intelligence, machine","learning, Internet of Things, big data","analysis among others."],"old":["(28) The Commission should","periodically review this Regulation, in","particular with a view to determining the","need for modifications in the light of","technological or market developments."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"128","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":"Daniel Dalton, Edward Czesak, Richard 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As the definition of a professional users is being\n deleted, the public authorities inclusion in the definition of user is now clarified by this\n amendment.","location":[[" Proposal for a regulation","Article 3 \u2013 paragraph 1 \u2013 point 7"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:40"},"new":["7. \u2018user\u2019 means a natural or legal","person, including a public sector entity,","using or requesting a data storage or other","processing service;"],"old":["7. \u2018user\u2019 means a natural or legal","person using or requesting a data storage or","other processing service;"],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"158","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":" Daniel Dalton, Edward Czesak, Richard Sul\u00edk","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-159","location":[[" Proposal for a regulation","Article 3 \u2013 paragraph 1 \u2013 point 7"]],"meps":[35135,132925,124928],"meta":{"created":"2019-07-03T06:35:40"},"new":["7. \u2018user\u2019 means a natural or legal","person, including a public authority or","body, using or requesting a data processing","service;"],"old":["7. \u2018user\u2019 means a natural or legal","person using or requesting a data storage","or other processing service;"],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"159","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":" Marco Zullo, Dario Tamburrano","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-160","location":[["Proposal for a regulation","Article 3 \u2013 paragraph 1 \u2013 point 8"]],"meps":[125237,124813],"meta":{"created":"2019-07-03T06:35:40"},"new":["deleted"],"old":["8. \u2018professional user' means a","natural or legal person, including a public","sector entity, using or requesting a data","storage or other processing service for","purposes related to its trade, business,","craft, profession or task."],"orig_lang":"it","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"160","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":"Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-161","justification":"The addition of the subjective criterion of \u201cpurpose\u201d is liable to complicate the removal of\nbarriers to free flow of data, as long as the categories of subjects in definition of professional\nuser are the same as the ones in the definition of user. For legal clarity and in the absence of\na justification for the inclusion of purpose of storage or other data processing in the text, the\ndefinition of \u201cprofessional user\u201d needs to be deleted and all further references made to\n\u201cuser\u201d.","location":[["Proposal for a regulation","Article 3 \u2013 paragraph 1 \u2013 point 8"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:41"},"new":["deleted"],"old":["8. \u2018professional user\u2019 means a","natural or legal person, including a public","sector entity, using or requesting a data","storage or other processing service for","purposes related to its trade, business,","craft, profession or task."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"161","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":"Daniel Dalton, Edward Czesak, Richard Sul\u00edk, Anneleen Van Bossuyt","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-162","meps":[35135,132925,124928,117491],"meta":{"created":"2019-07-03T06:35:41"},"new":["8. \u2018professional user\u2019 means a natural","or legal person, including a public sector","entity, using or requesting a data","processing service for purposes related to","its trade, business, craft, profession or task."],"old":["8. \u2018professional user\u2019 means a natural","or legal person, including a public sector","entity, using or requesting a data storage or","other processing service for purposes","related to its trade, business, craft,","profession or task."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"162","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":" Daniel Dalton, Richard Sul\u00edk","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-163","location":[[" Proposal for a regulation","Article 4 \u2013 paragraph 1"]],"meps":[35135,124928],"meta":{"created":"2019-07-03T06:35:41"},"new":["1. 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In","keeping with their sovereign task of","providing basic services, in individual","cases public authorities may decide that","there are good reasons to continue storing","and processing data exclusively locally."],"orig_lang":"de","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"168","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":"Eva Maydell","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-169","location":[["Proposal for a regulation","Article 4 \u2013 paragraph 2"]],"meps":[98341],"meta":{"created":"2019-07-03T06:35:41"},"new":["2. Member States shall immediately","communicate to the Commission any draft","act which introduces a new data","localisation requirement or makes changes","to an existing data localisation requirement","in accordance with the procedures set out","in the national law implementing Directive","(EU) 2015/1535."],"old":["2. 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[12 months after the date of","entry into force of this Regulation],","Member States shall ensure that any data","localisation requirement that is not in","compliance with paragraph 1 has been","repealed. By ... [12 months after the date","of entry into force of this Regulation] if a","Member State considers that a data","localisation requirement is in compliance","with paragraph 1 and may therefore remain","in force, it shall notify that measure to the","Commission, together with a justification","for maintaining it in force."],"old":["3. Within 12 months after the start of","application of this Regulation, Member","States shall ensure that any data","localisation requirement that is not in","compliance with paragraph 1 is repealed. If","a Member State considers that a data","localisation requirement is in compliance","with paragraph 1 and may therefore remain","in force, it shall notify that measure to the","Commission, together with a justification","for maintaining it in force."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"171","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":" Daniel Dalton, Edward Czesak, Richard Sul\u00edk","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-172","location":[[" Proposal for a regulation","Article 4 \u2013 paragraph 4"]],"meps":[35135,132925,124928],"meta":{"created":"2019-07-03T06:35:41"},"new":["4. 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The Commission shall publish the links","to such points on its website."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"174","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":"Marco Zullo, Dario Tamburrano","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-175","justification":" The provisions must be available in all EU languages in order to make it easier for\n companies \u2013 particularly start-ups and SMEs \u2013 to understand the portal.","location":[["Proposal for a regulation","Article 4 \u2013 paragraph 5"]],"meps":[125237,124813],"meta":{"created":"2019-07-03T06:35:41"},"new":["5. Member States shall inform the","Commission of the address of their single","information point referred to in paragraph","4. The Commission shall publish the links","to such points on its website. 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For the purposes of paragraph 1","of this Article, where a competent","authority does not receive access to data","from a natural or legal persons, and if no","specific cooperation mechanism exists","under Union law or international","agreements to exchange data between","competent authorities of different","Member States, that competent authority","may request the assistance from a","competent authority of another Member","State in accordance with the procedure set","out in Article 7."],"old":["2. Where a competent authority has","exhausted all applicable means to obtain","access to the data, it may request the","assistance of a competent authority in","another Member State in accordance with","the procedure laid down in Article 7, and","the requested competent authority shall","provide assistance in accordance with the","procedure laid down in Article 7, unless it","would be contrary to the public order of","the requested Member State."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"181","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":"Philippe Juvin","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-182","location":[["Proposal for a regulation","Article 5 \u2013 paragraph 2 a (new)"]],"meps":[96884],"meta":{"created":"2019-07-03T06:35:42"},"new":["2a. The Member States should be free","to impose proportionate, effective and","deterrent penalties against users who","prevent the national authorities from","accessing data stored in another Member","State."],"orig_lang":"fr","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"182","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":" Philippe Juvin","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-183","location":[[" Proposal for a regulation","Article 5 \u2013 paragraph 2 b (new)"]],"meps":[96884],"meta":{"created":"2019-07-03T06:35:42"},"new":["2b. If a physical or moral person does","not comply with the obligation to provide","these data, the relevant national","authorities can require that the data be","returned to their national territory."],"orig_lang":"fr","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"183","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":" Daniel Dalton, Edward Czesak, Richard Sul\u00edk, Anneleen Van Bossuyt","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-184","location":[[" Proposal for a regulation","Article 5 \u2013 paragraph 3"]],"meps":[35135,132925,124928,117491],"meta":{"created":"2019-07-03T06:35:42"},"new":["3. Where a request for assistance","entails obtaining access to any premises of","a natural or legal person including to any","data processing equipment and means, by","the requested authority, such access must","be in accordance with Union or Member","State procedural law."],"old":["3. Where a request for assistance","entails obtaining access to any premises of","a natural or legal person including to any","data storage or other processing equipment","and means, by the requested authority,","such access must be in accordance with","Union or Member State procedural law."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"184","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":" Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-185","justification":"Completing the legal framework started with GDPR and reflecting similar provisions there,\ndata portability needs to be a right for the non-personal data too.","location":[[" Proposal for a regulation","Article 6 \u2013 title"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:42"},"new":["Right to data portability"],"old":["Porting of data"],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"185","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":"Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-186","justification":"Mirroring the right to data portability form GDPR and completing the legal treatment of data\nportability","location":[["Proposal for a regulation","Article 6 \u2013 paragraph -1 (new)"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:42"},"new":["-1. Users shall have the right to","receive the data they submitted for storage","or other processing in a structured,","commonly used and machine-readable","format; and the right to transmit those","data to another provider without","hindrance from the provider."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"186","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":"Marco Zullo, Dario Tamburrano","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-187","justification":" Given that, sometimes, the distinction between personal and non-personal data is far from\n clear, it is considered appropriate to use the same wording as that of the GDPR. In addition,\n to avoid being too prescriptive and risking a regulation that is not future-proof, the issues to\n be taken into account within the codes of conduct should be indicative and constantly\n updated.","location":[["Proposal for a regulation","Article 6 \u2013 paragraph 1 \u2013 introductory part"]],"meps":[125237,124813],"meta":{"created":"2019-07-03T06:35:42"},"new":["1. The Commission shall encourage","and facilitate the development of self-","regulatory codes of conduct at Union level,","in order to promote data interoperability","through high-quality open standard","formats and to define guidelines on best","practices in facilitating the switching of","providers and to ensure that they provide","users with sufficiently detailed, clear and","transparent information before a contract","for data storage and processing is","concluded. Users shall have the right to","receive, in a structured, commonly used","and machine-readable format, personal","data that concern them and that have","been provided to a controller, and shall","have the right to transmit those data to","another controller without hindrance","from the controller, in accordance with","Article 20 of the General Data Protection","Regulation.","To be effective, the codes of conduct","should include numerous issues and","should be constantly updated owing to","technological developments in the sector.","Among the issues to be considered,","indicatively, at least at the initial stage,","are:"],"old":["1. The Commission shall encourage","and facilitate the development of self-","regulatory codes of conduct at Union level,","in order to define guidelines on best","practices in facilitating the switching of","providers and to ensure that they provide","professional users with sufficiently","detailed, clear and transparent information","","before a contract for data storage and","processing is concluded, as regards the","following issues:"],"orig_lang":"it","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"187","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":" Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-188","justification":"The new right is now reflected, along with the tools to properly implement it.","location":[[" Proposal for a regulation","Article 6 \u2013 paragraph 1 \u2013 introductory part"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:42"},"new":["1. The Commission shall encourage","and facilitate the development of self-","regulatory codes of conduct at Union level,","that define guidelines and best practices","facilitating the direct transmission of data","from one provider to another upon","request of the user, in order to facilitate","the users\u2019 right to data portability and to","ensure that users 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:"],"old":["1. The Commission shall encourage","and facilitate the development of self-","regulatory codes of conduct at Union level,","in order to define guidelines on best","practices in facilitating the switching of","providers and to ensure that they provide","","professional users with sufficiently","detailed, clear and transparent information","before a contract for data storage and","processing is concluded, as regards the","following issues:"],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"188","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":"Dita Charanzov\u00e1","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-189","justification":"This amendments seeks to support the rapporteur\u2019s amendment 28 while removing the\nreference to \u201cthe principle of interoperability\u201d.","location":[["Proposal for a regulation","Article 6 \u2013 paragraph 1 \u2013 introductory part"]],"meps":[124708],"meta":{"created":"2019-07-03T06:35:42"},"new":["1. The Commission shall encourage","and facilitate the development of self-","regulatory codes of conduct at Union level,","in order to contribute to a competitive data","economy, that take due account of open","standards and that define guidelines","covering inter alia the following issues:"],"old":["1. The Commission shall encourage","and facilitate the development of self-","regulatory codes of conduct at Union level,","in order to define guidelines on best","practices in facilitating the switching of","providers and to ensure that they provide","professional users with sufficiently","detailed, clear and transparent","information before a contract for data","storage and processing is concluded, as","regards the following issues:"],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"189","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":"Edward Czesak","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-190","justification":" The technical approach of Art. 6 is not enough to help Art.1 to deliver. We therefore put\n forward a more principle-based approach so that guidelines to be developed are not used to\n weed out competition. For more competition, the regulation needs to establish a \u2018mutual\n recognition\u2019 principle so that certifications are accepted regardless the MS they originate\n from. The codes of conduct failing to adhere to high-level principles may hamper\n competitiveness by adding to market distortions.","location":[[" Proposal for a regulation","Article 6 \u2013 paragraph 1 \u2013 introductory part"]],"meps":[132925],"meta":{"created":"2019-07-03T06:35:42"},"new":["1. The Commission shall encourage","and facilitate the development of self-","regulatory codes of conduct at Union level,","in order to contribute to a competitive data","economy, based on the principle of","interoperability and taking due account of","open standards, covering, inter alia, the","following aspects:"],"old":["1. The Commission shall encourage","and facilitate the development of self-","regulatory codes of conduct at Union level,","in order to define guidelines on best","practices in facilitating the switching of","providers and to ensure that they provide","professional users with sufficiently","detailed, clear and transparent","information before a contract for data","storage and processing is concluded, as","regards the following issues:"],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"190","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":" Daniel Dalton, Richard Sul\u00edk","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-191","location":[[" Proposal for a regulation","Article 6 \u2013 paragraph 1 \u2013 introductory part"]],"meps":[35135,124928],"meta":{"created":"2019-07-03T06:35:43"},"new":["1. The Commission shall encourage","and facilitate the development of self-","regulatory codes of conduct at Union level,","which enables professional users to","engage with contractual information in a","clear and informed manner, in order to","contribute to a competitive data economy.","The Code of Conduct should be based on","principles of transparency of information,","interoperability, that take due account of","open standards and that define guidelines","covering inter alia the following issues:"],"old":["1. The Commission shall encourage","and facilitate the development of self-","regulatory codes of conduct at Union level,","in order to define guidelines on best","practices in facilitating the switching of","providers and to ensure that they provide","professional users with sufficiently","detailed, clear and transparent","information before a contract for data","","storage and processing is concluded, as","regards the following issues:"],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"191","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":"Evelyne Gebhardt, Lucy Anderson, Lidia Joanna Geringer de Oedenberg, Virginie Rozi\u00e8re","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-192","location":[["Proposal for a regulation","Article 6 \u2013 paragraph 1 \u2013 introductory part"]],"meps":[1913,124949,28377,103845],"meta":{"created":"2019-07-03T06:35:43"},"new":["1. The Commission may adopt","implementing acts in order to specify","requirements to facilitate the switching of","providers and to ensure that they provide","professional users with sufficiently detailed","clear and transparent information before a","contract for data storage and processing is","concluded as regards the following issues:"],"old":["1. The Commission shall encourage","and facilitate the development of self-","regulatory codes of conduct at Union","level, in order to define guidelines on best","practices in facilitating the switching of","providers and to ensure that they provide","professional users with sufficiently","detailed, clear and transparent information","before a contract for data storage and","processing is concluded, as regards the","following issues:"],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"192","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":"Christel Schaldemose, Liisa Jaakonsaari, Nicola Danti, Olga Sehnalov\u00e1, Arndt Kohn, Sergio Guti\u00e9rrez Prieto, Pina Picierno, Lucy Anderson, Sergio Gaetano Cofferati, Marc Tarabella, Eva Kaili","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-193","location":[["Proposal for a regulation","Article 6 \u2013 paragraph 1 \u2013 introductory part"]],"meps":[37312,96684,124821,96718,186884,103488,124846,124949,96915,29579,125109],"meta":{"created":"2019-07-03T06:35:43"},"new":["1. The Commission shall prepare","non-binding guidelines on the","development of codes of conduct at Union","level, including best practices in","facilitating the switching of providers and","to ensure that they provide professional","users with sufficiently detailed, clear and","transparent information before a contract","for data storage and processing is","concluded, as regards the following issues:"],"old":["1. The Commission shall encourage","and facilitate the development of self-","regulatory codes of conduct at Union level,","in order to define guidelines on best","practices in facilitating the switching of","providers and to ensure that they provide","","professional users with sufficiently","detailed, clear and transparent information","before a contract for data storage and","processing is concluded, as regards the","following issues:"],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"193","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":" Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-194","justification":" Creating the framework for proper implementation of paragraph -1","location":[[" Proposal for a regulation","Article 6 \u2013 paragraph 1 \u2013 point -a (new)"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:43"},"new":["(-a) best practices facilitating the","switching of providers or porting data to a","user\u2019s own IT systems, using structured,","commonly used, machine-readable and","interoperable formats, including open","standard formats where required or","requested by the service provider receiving","the data; and allowing sufficient time for","users to switch or port the data; and"],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"194","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":" Edward Czesak","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-195","location":[[" Proposal for a regulation","Article 6 \u2013 paragraph 1 \u2013 point a"]],"meps":[132925],"meta":{"created":"2019-07-03T06:35:43"},"new":["(a) best practices in facilitating the","switching of providers; and porting data","in a structured, open standards and","machine-readable format allowing","sufficient time for the user to switch or","port the data; and"],"old":["(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"],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"195","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":"Daniel Dalton, Richard Sul\u00edk","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-196","location":[["Proposal for a regulation","Article 6 \u2013 paragraph 1 \u2013 point a"]],"meps":[35135,124928],"meta":{"created":"2019-07-03T06:35:43"},"new":["(a) best practices in facilitating the","switching of providers, and minimum","information requirements to ensure that","professional users are provided with","sufficiently detailed, clear and transparent","information before a contract for data","processing is concluded, regarding the","processes, technical requirements,","timeframes and charges that apply in the","event that a professional user wants to","switch to another provider or port data","back to its own IT systems; 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Such","schemes may include inter alia quality","management, information security","management, business continuity","management and, environmental","management."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"202","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":" Christel Schaldemose, Liisa Jaakonsaari, Nicola Danti, Olga Sehnalov\u00e1, Arndt Kohn, Sergio Guti\u00e9rrez Prieto, Pina Picierno, Lucy Anderson, Sergio Gaetano Cofferati, Marc Tarabella, Eva Kaili, Catherine Stihler","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-203","location":[["Proposal for a regulation","Article 6 \u2013 paragraph 1 a (new)"]],"meps":[37312,96684,124821,96718,186884,103488,124846,124949,96915,29579,125109,4545],"meta":{"created":"2019-07-03T06:35:44"},"new":["1a. The Commission shall ensure that","the codes of conduct are developed in","close cooperation with all relevant","stakeholders, including associations of","small and medium-sized enterprises and","start-ups, users and providers of cloud","services."],"orig_lang":"en","peid":"PE619.414v02-00","reference":"2017/0228(COD)","seq":"203","src":"http://www.europarl.europa.eu/doceo/document/IMCO-AM-619414_EN.pdf"},{"authors":"Julia Reda on behalf of the Verts/ALE Group","changes":{},"committee":["IMCO"],"date":"2018-04-09T00:00:00","id":"PE619.414-204","justification":"The stakeholders can benefit from guidance in the creation of the Codes, avoiding vendor\nlock-in and other harmful business practices while also increasing trust in the providers.","location":[["Proposal for a regulation","Article 6 \u2013 paragraph 1 a (new)"]],"meps":[124816],"meta":{"created":"2019-07-03T06:35:44"},"new":["1a. 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PURPOSE: to create a framework for the free flow of\nnon-personal data in the European Union and the foundation for\ndeveloping the data economy and enhancing the competitiveness of\nEuropean industry.
\nPROPOSED ACT: Regulation of the European Parliament\nand of the Council.
\nROLE OF THE EUROPEAN PARLIAMENT: the European\nParliament decides in accordance with the ordinary legislative\nprocedure and on an equal footing with the Council.
\nBACKGROUND: currently, data localisation restrictions\nby Member States' public authorities and obstacles to the movement\nof data across IT systems prevent business and organisations in the\nEU from capturing economic, social and business opportunities.\nLegal uncertainty and lack of trust cause additional barriers to\nthe free flow of non-personal data.
\nIn practice, this means a business may not be or feel\nfree to make full use of cloud services, choose the most\ncost-effective locations for IT resources, switch between service\nproviders or port its data back to their own IT systems.
\nWith the principle of free flow of non-personal data,\nbusinesses can avoid duplication of data at several locations, may\nfeel more confident to enter new markets, and scale up their\nactivities more easily.
\nThe Mid-Term\nReview on the implementation of the Digital Single Market\nStrategy (DSM Strategy) announced a legislative proposal on an EU\nfree flow of data cooperation framework.
\nIMPACT ASSESSMENT: the preferred option chosen allows\nfor the assessment of a combination of legislation establishing the\nfree flow of data framework and the single points of contact and an\nexpert group as well as self-regulatory measures addressing data\nporting. This option would ensure the effective removal of\nexisting unjustified localisation restrictions and would\neffectively prevent the future ones, as a result of a clear legal\nprinciple combined with the review, notification and transparency,\nwhile at the same time enhancing legal certainty and trust in the\nmarket. The burden on Member States' public authorities would be\nmodest, leading to approximately EUR 33 000 annually in terms of\nhuman resources cost to sustain the single points of contact as\nwell as a yearly cost of between EUR 385 and EUR 1925 for the\npreparation of notifications
\nCONTENT: the proposed Regulation seeks to ensure the\nfree movement of data other than personal data within the Union by\nlaying down rules relating to data localisation requirements, the\navailability of data to competent authorities and data porting for\nprofessional users.
\nIt shall apply to the storage or other processing\nof electronic data other than personal data in the Union, which\nis (a) provided as a service to users residing or having an\nestablishment in the Union, regardless of whether the provider is\nestablished or not in the Union or (b) carried out by a natural or\nlegal person residing or having an establishment in the Union for\nits own needs.
\nThe proposal:
\nBUDGETARY IMPLICATIONS: a moderate administrative\nburden for Member States' public authorities will emerge, caused by\nthe allocation of human resources for the cooperation between\nMember States through the 'single points of contact', and for\ncomplying with the notification, review and transparency\nprovisions.
\nThe Committee on the Internal Market and Consumer\nProtection adopted the report by Anna Maria CORAZZA BILDT (EPP, SE)\non the proposal for a regulation of the European Parliament and of\nthe Council on a framework for the free flow of non-personal data\nin the European Union.
\nAs a reminder, the proposed Regulation seeks to ensure\nthe free movement of data other than personal data within the Union\nby laying down rules relating to data localisation requirements,\nthe availability of data to competent authorities and data porting\nfor professional users.
\nThe committee recommended that the European\nParliaments position adopted at first reading under the\nordinary legislative procedure should amend the Commission proposal\nas follows:
\nPrinciple of free movement of non-personal\ndata: Members specified that data\nlocation requirements shall be prohibited unless, on an\nexceptional basis, and in compliance with the principle of\nproportionality, they are justified on imperative grounds of\npublic security.
\nThe concept of imperative grounds of public\nsecurity presupposes a threat to public security that is of a\nparticularly high degree of seriousness. The amendment builds on\nthe Treaty and the relevant case law of the Court of Justice to\nclarify the concept of public security and increase legal\ncertainty.
\nMembers wanted to introduce a clear deadline\n(no later than one year after the entry into force of the\nregulation) by which Member States must communicate the location\nrequirements of the data they wish to maintain. The Commission\nshall examine the draft act within three months and decide whether\nor not the Member State concerned should amend or repeal the data\nlocation requirements. Any remaining data localisation requirements\nshould be published on the Commissions website to ensure easy\naccessibility of this information.
\nScope: Members specified\nthat public sector authorities and entities shall also\nbenefit from the free movement of data. The Regulation shall apply\nto all levels of governance, including public\nprocurement.
\nMixed data sets: in the\ncase of a mixed data set, namely a data set composed of both\npersonal and non-personal data, the Regulation shall apply to the\nnon-personal data of the data set. Where non-personal and personal\ndata are inextricably linked, this Regulation should apply without\nprejudice to Regulation\n(EU) 2016/679.
\nAccess to data for public authorities: the Commission's proposal provides that where a\ncompetent authority has exhausted all possible means of accessing\ndata, it could request the assistance of an authority in another\nMember State if no specific cooperation mechanism exists. Members\nbelieve that such assistance could be requested where a\ncompetent authority does not obtain access to the data after\ncontacting the user of the data processing service and where there\nis no specific cooperation mechanism under EU law or international\nagreements for the exchange of data between competent authorities\nof different Member States.
\nMembers also pointed out that access to the premises\nwhere data is stored must be given in accordance with the national\nlaw of the Member State where the premises or equipment is\nlocated.
\nCodes of conduct:\nself-regulatory codes of conduct at EU level shall contribute to a\ncompetitive data economy, which are based on the principle of\ntransparency and which establish guidelines on, inter alia,\nthe following issues:
\nThe Commission shall encourage providers to\neffectively implement the codes of conduct by 24 months after the\ndate of publication of this Regulation. It shall ensure that the\ncodes of conduct are developed in close cooperation with all\nrelevant stakeholders, including associations of small and\nmedium-sized enterprises and start-ups, users and providers of\ncloud services.
\nSingle point of contact:\nMembers considered that the know-how of the single points of\ncontact can be used not only as a link between the Member States\nand the Commission, but also to connect the institutions with\nusers.
\nReview: no later than\n3 years and 6 months after the date of publication of the\nRegulation, the Commission shall submit a report evaluating the\nimplementation of the Regulation, in particular as regards: (i) the\napplication of the Regulation to mixed data sets; (ii) the\nimplementation by Member States of the public security exception;\n(iii) the development and effective implementation of codes of\nconduct.
\nPURPOSE: to create a framework for the free flow of\nnon-personal data in the European Union and the foundation for\ndeveloping the data economy and enhancing the competitiveness of\nEuropean industry.
\nPROPOSED ACT: Regulation of the European Parliament\nand of the Council.
\nROLE OF THE EUROPEAN PARLIAMENT: the European\nParliament decides in accordance with the ordinary legislative\nprocedure and on an equal footing with the Council.
\nBACKGROUND: currently, data localisation restrictions\nby Member States' public authorities and obstacles to the movement\nof data across IT systems prevent business and organisations in the\nEU from capturing economic, social and business opportunities.\nLegal uncertainty and lack of trust cause additional barriers to\nthe free flow of non-personal data.
\nIn practice, this means a business may not be or feel\nfree to make full use of cloud services, choose the most\ncost-effective locations for IT resources, switch between service\nproviders or port its data back to their own IT systems.
\nWith the principle of free flow of non-personal data,\nbusinesses can avoid duplication of data at several locations, may\nfeel more confident to enter new markets, and scale up their\nactivities more easily.
\nThe Mid-Term\nReview on the implementation of the Digital Single Market\nStrategy (DSM Strategy) announced a legislative proposal on an EU\nfree flow of data cooperation framework.
\nIMPACT ASSESSMENT: the preferred option chosen allows\nfor the assessment of a combination of legislation establishing the\nfree flow of data framework and the single points of contact and an\nexpert group as well as self-regulatory measures addressing data\nporting. This option would ensure the effective removal of\nexisting unjustified localisation restrictions and would\neffectively prevent the future ones, as a result of a clear legal\nprinciple combined with the review, notification and transparency,\nwhile at the same time enhancing legal certainty and trust in the\nmarket. The burden on Member States' public authorities would be\nmodest, leading to approximately EUR 33 000 annually in terms of\nhuman resources cost to sustain the single points of contact as\nwell as a yearly cost of between EUR 385 and EUR 1925 for the\npreparation of notifications
\nCONTENT: the proposed Regulation seeks to ensure the\nfree movement of data other than personal data within the Union by\nlaying down rules relating to data localisation requirements, the\navailability of data to competent authorities and data porting for\nprofessional users.
\nIt shall apply to the storage or other processing\nof electronic data other than personal data in the Union, which\nis (a) provided as a service to users residing or having an\nestablishment in the Union, regardless of whether the provider is\nestablished or not in the Union or (b) carried out by a natural or\nlegal person residing or having an establishment in the Union for\nits own needs.
\nThe proposal:
\nBUDGETARY IMPLICATIONS: a moderate administrative\nburden for Member States' public authorities will emerge, caused by\nthe allocation of human resources for the cooperation between\nMember States through the 'single points of contact', and for\ncomplying with the notification, review and transparency\nprovisions.
\nThe Committee on the Internal Market and Consumer\nProtection adopted the report by Anna Maria CORAZZA BILDT (EPP, SE)\non the proposal for a regulation of the European Parliament and of\nthe Council on a framework for the free flow of non-personal data\nin the European Union.
\nAs a reminder, the proposed Regulation seeks to ensure\nthe free movement of data other than personal data within the Union\nby laying down rules relating to data localisation requirements,\nthe availability of data to competent authorities and data porting\nfor professional users.
\nThe committee recommended that the European\nParliaments position adopted at first reading under the\nordinary legislative procedure should amend the Commission proposal\nas follows:
\nPrinciple of free movement of non-personal\ndata: Members specified that data\nlocation requirements shall be prohibited unless, on an\nexceptional basis, and in compliance with the principle of\nproportionality, they are justified on imperative grounds of\npublic security.
\nThe concept of imperative grounds of public\nsecurity presupposes a threat to public security that is of a\nparticularly high degree of seriousness. The amendment builds on\nthe Treaty and the relevant case law of the Court of Justice to\nclarify the concept of public security and increase legal\ncertainty.
\nMembers wanted to introduce a clear deadline\n(no later than one year after the entry into force of the\nregulation) by which Member States must communicate the location\nrequirements of the data they wish to maintain. The Commission\nshall examine the draft act within three months and decide whether\nor not the Member State concerned should amend or repeal the data\nlocation requirements. Any remaining data localisation requirements\nshould be published on the Commissions website to ensure easy\naccessibility of this information.
\nScope: Members specified\nthat public sector authorities and entities shall also\nbenefit from the free movement of data. The Regulation shall apply\nto all levels of governance, including public\nprocurement.
\nMixed data sets: in the\ncase of a mixed data set, namely a data set composed of both\npersonal and non-personal data, the Regulation shall apply to the\nnon-personal data of the data set. Where non-personal and personal\ndata are inextricably linked, this Regulation should apply without\nprejudice to Regulation\n(EU) 2016/679.
\nAccess to data for public authorities: the Commission's proposal provides that where a\ncompetent authority has exhausted all possible means of accessing\ndata, it could request the assistance of an authority in another\nMember State if no specific cooperation mechanism exists. Members\nbelieve that such assistance could be requested where a\ncompetent authority does not obtain access to the data after\ncontacting the user of the data processing service and where there\nis no specific cooperation mechanism under EU law or international\nagreements for the exchange of data between competent authorities\nof different Member States.
\nMembers also pointed out that access to the premises\nwhere data is stored must be given in accordance with the national\nlaw of the Member State where the premises or equipment is\nlocated.
\nCodes of conduct:\nself-regulatory codes of conduct at EU level shall contribute to a\ncompetitive data economy, which are based on the principle of\ntransparency and which establish guidelines on, inter alia,\nthe following issues:
\nThe Commission shall encourage providers to\neffectively implement the codes of conduct by 24 months after the\ndate of publication of this Regulation. It shall ensure that the\ncodes of conduct are developed in close cooperation with all\nrelevant stakeholders, including associations of small and\nmedium-sized enterprises and start-ups, users and providers of\ncloud services.
\nSingle point of contact:\nMembers considered that the know-how of the single points of\ncontact can be used not only as a link between the Member States\nand the Commission, but also to connect the institutions with\nusers.
\nReview: no later than\n3 years and 6 months after the date of publication of the\nRegulation, the Commission shall submit a report evaluating the\nimplementation of the Regulation, in particular as regards: (i) the\napplication of the Regulation to mixed data sets; (ii) the\nimplementation by Member States of the public security exception;\n(iii) the development and effective implementation of codes of\nconduct.
\n