Amendment 171· Digital Omnibus proposal Recital 19
~Alternative
Text of the amendment
As tabled
Wordingagainst the Commission’s
(19) Regulation (EU) 2018/1807 of the European Parliament and of the Council¹² introduced a key principle for supporting the data-driven economy within the Union, underpinning in concrete terms the freedom of establishment and freedom to provide a service. ‘Free flow of data’ in the Union, clarified through the prohibitionframing toof imposethe conditions under which data localisation requirements may be imposed, remains a fundamental principle, providing legal certainty to businesses, and should be retained in Regulation (EU) 2023/2854. The provision does not affect the data processing in so far as it is carried out as part of an activity which falls outside the scope of Union law, in particular as regards national security, in accordance with Article 4 of the Treaty on European Union. At the same time, other provisions of Regulation (EU) 2018/1807 are superseded by more recent rules. Notably, Chapter VI of Regulation (EU) 2023/2854 introduced a modern horizontal legal framework addressing switching between data processing services and rendered Article 6 of Regulation (EU) 2018/1807 practically obsolete. The co-existence of those provisions has increased legal complexity for businesses. Therefore, Regulation (EU) 2018/1807 should be repealed The location of non-personal data has nonetheless become a factor of resilience, strategic autonomy and economic security. In this regard, data localisation requirements may be justified where necessary and proportionate for public security, resilience of essential services, national or economic security, or protection against extraterritorial access.
Struck CommissionHighlighted amendment
Justification
The location of non-personal data may condition the continuity of essential services in the event of unilateral extraterritorial disruption. An effect-based framework, subject to a proportionality test, replaces a prohibition of principle which no longer corresponds to the strategic reality.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
Commission proposalCOM(2025) 837
Regulation (EU) 2018/1807 of the European Parliament and of the Council³² introduced a key principle for supporting the data-driven economy within the Union, underpinning in concrete terms the freedom of establishment and freedom to provide a service. ‘Free flow of data’ in the Union, clarified through the prohibition to impose data localisation, remains a fundamental principle, providing legal certainty to businesses, and should be retained in Regulation (EU) 2023/2854. The provision does not affect the data processing in so far as it is carried out as part of an activity which falls outside the scope of Union law, in particular as regards national security, in accordance with Article 4 of the Treaty on European Union. At the same time, other provisions of Regulation (EU) 2018/1807 are superseded by more recent rules. Notably, Chapter VI of Regulation (EU) 2023/2854 introduced a modern horizontal legal framework addressing switching between data processing services and rendered Article 6 of Regulation (EU) 2018/1807 practically obsolete. The co-existence of those provisions has increased legal complexity for businesses. Therefore, Regulation (EU) 2018/1807 should be repealed.
Council text of 22 October 2026ST 14756/26
Regulation (EU) 2018/1807 of the European Parliament and of the Council¹² introduced a key principle for supporting the data-driven economy within the Union, underpinning in concrete terms the freedom of establishment and freedom to provide a service. ‘Free flow of data’ within the Union, clarified through the prohibition to impose data localisation, remains a fundamental principle, providing legal certainty to businesses, and should be retained in Regulation (EU) 2023/2854. The Commission should continue monitoring deviations from this principle. The provision does not affect the data processing in so far as it is carried out as part of an activity which falls outside the scope of Union law, in particular as regards national security, in accordance with Article 4 of the Treaty on European Union. At the same time, other provisions of Regulation (EU) 2018/1807 are superseded by more recent rules. Notably, Chapter VI of Regulation (EU) 2023/2854 introduced a modern horizontal legal framework addressing switching between data processing services and rendered Article 6 of Regulation (EU) 2018/1807 practically obsolete. The co-existence of those provisions has increased legal complexity for businesses. Therefore, Regulation (EU) 2018/1807 should be repealed.
Cite this amendment
Amendment 171 (Julie Rechagneux and others), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 79–250 to the draft report on COM(2025) 837 (CJ72-AM-786820, PE786.820v01-00, 27 July 2026), pp. 92–94
Link, short form and official text
Amendment 171 (Julie Rechagneux and others), European Parliament, Committee on Industry, Research and Energy and Committee on Civil Liberties, Justice and Home Affairs, amendments 79–250 to the draft report on COM(2025) 837 (CJ72-AM-786820, PE786.820v01-00, 27 July 2026), pp. 92–94
ITRE–LIBE Amendment 171 (CJ72-AM-786820), p. 92