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European Commission issues a Proposal for Regulation on Free Flow of Non-Personal Data

On 13 September 2017, in the context of the Digital Single Market Initiative, the European Commission (“Commission”) issued a draft proposal to regulate the framework for the free flow of non-personal data in the EU (“draft proposal”). The highly anticipated draft proposal aims at establishing a framework of free cross-border data flow within the EU.

In an attempt to build a European data economy, the draft proposal seeks to create a competitive market for data storage and processing services and activities by, among other things, limiting the scope of data localization requirements currently imposed by Member States. In summary, the draft proposal puts forward measures which:

  • Reduce the range of restrictions for data localization;

  • Enhance legal certainty;

  • Facilitate the availability of data on a cross-border level;

  • Improve the conditions to switch data storage for users or port data back to IT systems for service providers; and

  • Reinforce the trust and security of cross-border data storage and processing.

Under the draft proposal, Member States will be required to notify the Commission about any draft legislation or measure introducing new data localization requirements or any plans to repeal existing national data localization requirements within a year of the application date of the draft proposal. The proposal also encourages service providers and professional users to develop codes of conduct detailing the information on data porting conditions.

Regarding future cooperation, Member States shall be designating single points of contact to cooperate with the Commission on the application of the Regulation. In addition a “Free Flow of Data Committee”, an examination committee within the procedure of comitology, will be established.

The draft proposal has now been submitted to the European Parliament and Council for review. The two co-legislators will prepare their respective positions.

The Commission is expected to present its initiative on Data to the public on Tuesday 19 September 2017.

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About this Author

Monika Kuschewsky, Information Privacy, Squire Patton Boggs Law FIrm
Partner

Monika Kuschewsky is a German Rechtsanwältin and qualified as a Certified Information Privacy Professional/Europe (CIPP/E) and Betrieblicher Datenschutzbeauftragter (German company data protection officer) (GDDcert.). Monika is the general editor of Data Protection & Privacy − International Series, now in its 3rd edition.

+322 627 11 11
Christina Economides, Squire Patton Boggs Law Firm, Public Policy Advisor
Public Policy Advisor

Christina is an advisor in the firm's public policy practice in Brussels in coordination with the public policy international group.

Christina's former positions include an International Recruitment Consultant for a Netherlands-based recruiment agency, EU Public Affairs Consultant for Afore Consulting (a Brussels-based consultancy with a focus in financial services), running the Secretariat of the European Payment Institutions Federation, Policy Officer for the British Chamber of Commerce in Belgium and Assistant for Ioannis Kasoulides cabinet at the European Parliament in Brussels.

Experience

  • Being in charge of the recruitment process for multilingual professionals in the Netherlands.
  • Monitoring the legislative developments at EU level on a number of financial services and technology subject matters.
  • Being the account manager and provide public affairs and strategy support to clients from the financial services sector.
  • Providing daily regulatory updates, drafting strategy papers and assessment reports to clients on several legislative and non-legislative matters.
  • Liaising with EU officials to gather intelligence on legislative matters.
  • Running the Secretariat of the European Payment Institutions Federation (EPIF) and being responsible for the day-to-day administrative operation of the association including communication with its members, managing the association’s website and recruitment process as well as responding to enquiries by third parties.
  • Drafting all the materials for the regular EPIF meetings such as the board, technical committee and the general meetings.
  • Drafting strategy papers on the standard setting aspect of payments covered through the European Payments Council and the Euro Retail Payments Board chaired by the European Central Bank.
  • Being responsible for conceptualizing and organizing events, workshops, briefing lunch/dinners and outreach meetings with EU policy makers for the members of EPIF and the British Chamber in the fields of financial services, competition, trade and innovation.
  • Producing briefings, reports and speeches for Mr Ioannis Kasoulides, former Member of the European Parliament (EP) and current Minister of Foreign Affairs in Cyprus.
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