Digital Omnibus proposal· Recital 19

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

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 At the same time, other provisions of Regulation (EU) 2018/1807 are superseded by more recent rules.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 Therefore, Regulation (EU) 2018/1807 should be repealed.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

   Source

   Official text, pages 91–92

   Printed header

   Recital 19

   Links

   Link to this amendment
   Cite this amendment

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

   Source

   Official text, pages 92–94

   Printed header

   Recital 19

   Links

   Link to this amendment
   Cite this amendment