10 Amendments of Eva MAYDELL related to 2017/0228(COD)
Amendment 45 #
Proposal for a regulation
Recital 3
Recital 3
(3) The freedom of establishment and the freedom to provide services under the Treaty on the Functioning of the European Union apply to data storage or other processing services. However, the provision of those services is hampered or sometimes prevented by certain national, regional and local requirements to locate data in a specific territory.
Amendment 80 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) Where personal and non-personal data are inextricably linked, this Regulation should be applied to the whole data set. This Regulation should not create preconditions for mixed data sets to be broken down into their constituent parts or stored separately, nor make this an obligation.
Amendment 90 #
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 a high threat to public security, as defined by Union law, in particular 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 public security.
Amendment 98 #
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 notifyimmediately communicate 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 101 #
Proposal for a regulation
Recital 14
Recital 14
(14) Moreover, in order to eliminate potential existing barriers, during a transitional period of 12 months, Member States should carry out a review of existing national legislation, administrative procedures and rules establishing data localisation requirements and notifycommunicate to the Commission, together with a justification, any data localisation requirement that they consider being in compliance with this Regulation. These notifcommunications should enable the Commission to assess the compliance of any remaining data localisation requirements.
Amendment 104 #
Proposal for a regulation
Recital 15
Recital 15
(15) In order to ensure the transparency of data localisation requirements in the Member States for natural and legal persons, such as providers and users of data storage or other processing services, Member States should publish on a single online information point and regularly update the information on such measures. In order to appropriately inform legal and natural persons of data localisation requirements across the Union, Member States should notify to the Commission the addresses of such online points. The Commission should publish this information on its own websiteinternet pages, along with a consolidated list of the existing data localisation requirements in force in the Member States.
Amendment 165 #
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 public secura high threat to public security and is in keeping with the principle of proportionality.
Amendment 169 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall notifyimmediately communicate 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 198 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
Amendment 208 #
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. Data processing services which conform to the codes of conduct should be given priority, in public procurement processes, over equivalent or similar services or products that do not conform to the provisions of this Regulation, so as to facilitate switching of suppliers.