13 Amendments of Dario TAMBURRANO related to 2017/0228(COD)
Amendment 75 #
Proposal for a regulation
Recital 10
Recital 10
(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.
Amendment 118 #
Proposal for a regulation
Recital 21
Recital 21
(21) In order to take full advantage of the competitive environment, professional users should be able to make informed choices and easily compare the individual components of various data storage or other processing services offered in the internal market, including as to the contractual conditions of porting data upon the termination of a contract. 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.
Amendment 123 #
Proposal for a regulation
Recital 26
Recital 26
(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.
Amendment 137 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation seeks to ensure the free movement of data other than personal data within the Union by laying down rules relating to data localisation requirements, the availability of data to competent authorities and data porting for professional users.
Amendment 139 #
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. Where there are mixed data sets, this Regulation shall 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) shall apply.
Amendment 149 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1 a (new)
Article 3 – paragraph 1 – point 1 a (new)
1a. ‘mixed data set’ means a set of data which consists of both personal and non-personal data;
Amendment 157 #
Proposal for a regulation
Article 3 – paragraph 1 – point 7
Article 3 – paragraph 1 – point 7
7. ‘user' means a natural or legal person, including a public sector entity, using or requesting a data storage or other processing service; for purposes related to his, her or its trade, business, craft, profession or task.
Amendment 160 #
Proposal for a regulation
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
Amendment 175 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
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. The information provided by the Commission shall be available in all of the official languages of the Union.
Amendment 180 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Where a competent authority has exhausted all applicable meanfails 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 theat procedure laid down in Article 7, unless it would be contrary to the public order of the requested Member State.
Amendment 187 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. The Commission shall encourage and facilitate the development of self- regulatory codes of conduct at Union level, in order 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 professional users with sufficiently detailed, clear and transparent information before a contract for data storage and processing is concluded, as regards the following issues. 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:
Amendment 211 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The Commission, through an impact assessment, 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. On the basis of that assessment, it shall consider the option of making those codes binding.
Amendment 217 #
Proposal for a regulation
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
6a. The single points of contact shall provide users with general information on the provisions of this Regulation, in particular on the drawing up of codes of conduct as defined in Article 6.