BETA

Awaiting committee decision



Activites

  • 2017/10/23 Committee referral announced in Parliament, 1st reading/single reading
  • 2017/09/13 Legislative proposal published
    • COM(2017)0495 summary
    • DG {'url': 'http://ec.europa.eu/digital-single-market/dg-connect', 'title': 'Communications Networks, Content and Technology'}, KING Julian

Documents

History

(these mark the time of scraping, not the official date of the change)

activities/1/committees/0/shadows/0
group
S&D
name
SCHALDEMOSE Christel
committees/0/shadows/0
group
S&D
name
SCHALDEMOSE Christel
activities/1/committees/1/date
2017-11-09T00:00:00
activities/1/committees/1/rapporteur
  • group: ECR name: KRASNODĘBSKI Zdzisław
committees/1/date
2017-11-09T00:00:00
committees/1/rapporteur
  • group: ECR name: KRASNODĘBSKI Zdzisław
activities/1/committees/0/date
2017-10-25T00:00:00
activities/1/committees/0/rapporteur
  • group: EPP name: CORAZZA BILDT Anna Maria
committees/0/date
2017-10-25T00:00:00
committees/0/rapporteur
  • group: EPP name: CORAZZA BILDT Anna Maria
activities/1
date
2017-10-23T00:00:00
body
EP
type
Committee referral announced in Parliament, 1st reading/single reading
committees
procedure/Mandatory consultation of other institutions
European Economic and Social Committee European Committee of the Regions
procedure/dossier_of_the_committee
IMCO/8/11036
procedure/stage_reached
Old
Preparatory phase in Parliament
New
Awaiting committee decision
committees/0/shadows
  • group: Verts/ALE name: REDA Julia
activities/0/docs/0/text
  • PURPOSE: to create a framework for the free flow of non-personal data in the European Union and the foundation for developing the data economy and enhancing the competitiveness of European industry.

    PROPOSED ACT: Regulation of the European Parliament and of the Council.

    ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

    BACKGROUND: currently, data localisation restrictions by Member States' public authorities and obstacles to the movement of data across IT systems prevent business and organisations in the EU from capturing economic, social and business opportunities. Legal uncertainty and lack of trust cause additional barriers to the free flow of non-personal data.

    In practice, this means a business may not be or feel free to make full use of cloud services, choose the most cost-effective locations for IT resources, switch between service providers or port its data back to their own IT systems.

    With the principle of free flow of non-personal data, businesses can avoid duplication of data at several locations, may feel more confident to enter new markets, and scale up their activities more easily.

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

    IMPACT ASSESSMENT: the preferred option chosen allows for the assessment of a combination of legislation establishing the free flow of data framework and the single points of contact and an expert group as well as self-regulatory measures addressing data porting. This option would ensure the effective removal of existing unjustified localisation restrictions and would effectively prevent the future ones, as a result of a clear legal principle combined with the review, notification and transparency, while at the same time enhancing legal certainty and trust in the market. The burden on Member States' public authorities would be modest, leading to approximately EUR 33 000 annually in terms of human resources cost to sustain the single points of contact as well as a yearly cost of between EUR 385 and EUR 1925 for the preparation of notifications

    CONTENT: the proposed 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.

    It shall apply to the storage or other processing of electronic data other than personal data in the Union, which is (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 (b) carried out by a natural or legal person residing or having an establishment in the Union for its own needs.

    The proposal:

    • establishes the principle of free movement of non-personal data in the Union. This principle prohibits any data localisation requirement, unless it is justified on grounds of public security. Furthermore, it provides for the review of existing requirements, notification of remaining or new requirements to the Commission and transparency measures;
    • ensures data availability for regulatory control by competent authorities. To this effect, users may not refuse to provide access to data to competent authorities on the basis that data is stored or otherwise processed in another Member State. Where a competent authority has exhausted all applicable means to obtain access to the data, that competent authority may request the assistance of an authority in another Member State, if no specific cooperation mechanism exists;
    • states that the Commission shall encourage service providers and professional users to develop and implement codes of conduct detailing the information on data porting conditions (including technical and operational requirements) that providers should make available to their professional users in a sufficiently detailed, clear and transparent manner before a contract is concluded. The Commission will review the development and effective implementation of such codes within two years after the start of application of this Regulation;
    • stipulates that each Member State shall designate a single point of contact who shall liaise with the points of contact of other Member States and the Commission regarding the application of this Regulation;
    • provides for procedural conditions applicable to the assistance between competent authorities;
    • states that the Commission shall be assisted by the Free Flow of Data Committee within the meaning of Regulation (EU) No 182/2011;
    • calls for a review within five years after the start of application of the Regulation and that the Regulation will start to apply six months after the day of its publication.

    BUDGETARY IMPLICATIONS: a moderate administrative burden for Member States' public authorities will emerge, caused by the allocation of human resources for the cooperation between Member States through the 'single points of contact', and for complying with the notification, review and transparency provisions.

committees/0/responsible
Old
 
New
True
committees/1/responsible
Old
True
New
 
activities/0/commission/0
DG
Commissioner
KING Julian
other/0
body
EC
dg
commissioner
KING Julian
activities
  • date: 2017-09-13T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2017/0495/COM_COM(2017)0495_EN.pdf celexid: CELEX:52017PC0495:EN type: Legislative proposal published title: COM(2017)0495 body: EC commission: type: Legislative proposal published
committees
  • body: EP responsible: False committee_full: Internal Market and Consumer Protection committee: IMCO
  • body: EP responsible: True committee_full: Industry, Research and Energy committee: ITRE
  • body: EP responsible: False committee_full: Legal Affairs committee: JURI
  • body: EP responsible: False committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE
links
other
    procedure
    reference
    2017/0228(COD)
    subtype
    Legislation
    legal_basis
    Treaty on the Functioning of the EU TFEU 114
    stage_reached
    Preparatory phase in Parliament
    instrument
    Regulation
    title
    Free flow of non-personal data in the European Union
    type
    COD - Ordinary legislative procedure (ex-codecision procedure)
    subject