8 Amendments of Michał BONI related to 2017/0228(COD)
Amendment 27 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (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.
Amendment 28 #
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. 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.
Amendment 34 #
Proposal for a regulation
Recital 13
Recital 13
(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).
Amendment 48 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(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
Amendment 50 #
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (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.
Amendment 55 #
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
5. 'data localisation requirement' means any obligation, prohibition, condition, limit or other requirement provided for in the laws, regulations or administrative provisions or practices, including in the field of public procurement, of the Member States, which imposes the location of data storage or other processing in the territory of a specific Member State or hinders storage or other processing of data in any other Member State;
Amendment 60 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall without delay 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.
Amendment 61 #
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 European Union.