Texts to 22 Oct 2026

Digital Omnibus proposal· Recital 19

Text

Recital 19 Digital Omnibus proposal as printed in the Council text of 22 October 2026

Source Council, 22 October 2026. Recital 19: ST 14756/26, page 14 · exact text page

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 At the same time, other provisions of Regulation (EU) 2018/1807 are superseded by more recent rules.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 Therefore, Regulation (EU) 2018/1807 should be repealed.

How the recital changed

Each text against the text before it

Recital Commission19 Nov 2025Rec 19Council21 May 2026Council10 Jun 2026Rec 19Council18 Jun 2026Rec 19Council3 Sep 2026Rec 19Council2 Oct 2026Rec 19Council22 Oct 2026Rec 19
Compared withlaw in forcethe proposal21 May text10 Jun text18 Jun text3 Sep text2 Oct text
Recital 19 19 Added In neither text 19 Changed 19 Unchanged 19 Unchanged 19 Unchanged 19 Unchanged

Each text against the text before it: +Added in this text, not in the text before~Changed wording changed=Unchanged same as the text before— in neither text

Parliament amendments

2 amendments to this recital

1 amendment would delete the whole recital: members of The Left.

By political group; co-sponsored amendments count for each group
TypeThe LeftECRPfE
− Deletion1··
~ Alternative·11

By political group

  • − Deletion The Left 1
  • ~ Alternative ECR 1 PfE 1

Show

  1. 170 Deletion João OliveiraThe Left · ITRE–LIBE Deletes the recital

    (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 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.

    Tabled by
    João Oliveira
    Group
    The Left
    Targets
    Digital Omnibus proposal Recital 19
    Document
    ITRE–LIBE amendments 79–250 to the draft report
    Printed header
    Recital 19
  2. 171 Alternative Julie Rechagneux +8ECR, PfE · ITRE–LIBE “In this regard, data localisation requirements may be justified where necessary and proportionate for public security, resilience of essential…”

    (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.

    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.

    Tabled by
    Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, António Tânger Corrêa, Christophe Bay
    Group
    ECR, PfE
    Targets
    Digital Omnibus proposal Recital 19
    Document
    ITRE–LIBE amendments 79–250 to the draft report
    Printed header
    Recital 19