Free Flow of Non-Personal Data A proposal for a key Regulation to support the data econom y Pearse O’Donohue Director Future Netw orks, DG CONNECT EP I MCO – 2 3 January 2 0 1 8
CONTEXT Free m ovem ent of data is essential for the European Data Econom y • Data and data flows "feed" technological innovation (IoT, AI, blockchain, fin- tech, smart mobility, e-health). • This is estimated to enable the European Data Economy , which will provide an estimated additional 4% of the GDP by 2020. 2
CONTEXT Free Flow of Data: An Essential piece of the DSM strategy • Proposal for a Regulation on the free flow of non-personal data: • Adopted by the Commission on 13 September 2017 • Essence: Member States may no longer require businesses and citizens to store or process data within their territory • Core problem : Obstacles to data mobility in the EU (data localisation and vendor lock-in) 3
THE LEGI SLATI VE PROPOSAL The proposed Regulation ( 1 ) • Principles-based , not detailed (Better Regulation): • The free flow of non-personal data principle • The principle of data availability for regulatory control purposes • Pushing cloud service providers and users develop s elf-regulatory codes of conduct for easier switching of provider and/or porting data back to in-house servers 4
THE LEGI SLATI VE PROPOSAL The proposed Regulation ( 2 ) • No data localisation restrictions or measures having equivalent effect, unless justified on grounds of public security • Notification and review requirements (re-use of Transparency Directive 2015/1535 procedures) • Governance by single points of contact per Member State, forming an expert group 5
THE LEGI SLATI VE PROPOSAL GDPR and Free Flow of non-Personal Data Single EU Dataspace: • Scope: non- personal data • No overlap with the GDPR • Together, GDPR and FFnpD should lead to a 'Single EU 6 Dataspace'
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