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Digital Single Market urged to include stricter data flow rules

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Digital Single Market urged to include stricter data flow rules

The public consultation was launched at the beginning of October as part of a “Free Flow Data Initiative within the Digital Single Market”. According to Commissioner Junker, free flow of data is a key issue for the digital economy. The Commission itself notes that the EU currently does not contain neither a provision nor a principle on free movement of data. 

The most problematic aspect is related to data location restrictions that inhibit the free movement of data and ultimately impede the establishment of non-EU companies wishing to deal with cross-border data transfers. Due to this legislative gap, Member States have applied their own rules and approaches which significantly diverge among the EU member states, leading to legal uncertainty. 

The Commission will aim to solve this “legal hole” and two roads are now open. It will follow a soft-law approach, or will go for legislative instruments such as a Regulation, a Directive or a Recommendation. 

Regardless of the option the Commission will pursue, the overall result of the Impact Assessment is that the problem will not be solved without an EU intervention, Privacy Matters notes. 

This document constitutes the very first step of a legislative procedure and the consultation is still open.   

Author

Ilaria Fevola

Date

2016-11-02 18:17

Author information

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