6 Amendments of Jiří POSPÍŠIL related to 2017/0228(COD)
Amendment 89 #
Proposal for a regulation
Recital 12
Recital 12
(12) Data localisation requirements represent a clear barrier to the free provision of data storage or other processing services across the Union and to the internal market. As such, they should be banned unless they are justified based on the grounds of publicensuring the security, asnd defined by Union law, in particularence of a Member State or of public security within the meaning of Article 52 of the Treaty on the Functioning of the European Union, and satisfy the principle of proportionality enshrined in Article 5 of the Treaty on European Union. In order to give effect to the principle of free flow of non-personal data across borders, to ensure the swift removal of existing data localisation requirements and to enable for operational reasons storage or other processing of data in multiple locations across the EU, and since this Regulation provides for measures to ensure data availability for regulatory control purposes, Member States should not be able to invoke justifications other than ensuring the security and defence of a Member State or public security.
Amendment 146 #
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. The application of this Regulation shall be without prejudice to the protection of business secrets and other sensitive data relating to the know-how of natural and legal persons.
Amendment 166 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Location of data for storage or other processing within the Union shall not be restricted to the territory of a specific Member State, and storage or other processing in any other Member State shall not be prohibited or restricted, unless it is justified on grounds of ensuring the defence and security of a Member State or public security.
Amendment 176 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. This Regulation shall not affect the powers of competent authorities to request and receive access to data for the performance of their official duties in accordance with Union or national law. Access to data by competent authorities may not be refused on the basis that the data is stored or otherwise processed in another Member State, except when it comes to ensuring the security and defence of a Member State or public security.
Amendment 207 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Commission shall encouragehelp providers to effectively implement the codes of conduct referred to in paragraph 1 within one year after the start of application of this Regulation.
Amendment 213 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The Commission shall reviewcarry out an assessment of 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.