Article 32h

‘Article 32h

ProhibitionConditions offor localisation requirements forrelating to non-personal data within the Union

(1) Data localisation requirements for non-personal data shall be prohibited, unless they are justified on grounds of public security in compliance with the principle of proportionality or laid down on the basis of Union law.

(1) Data localisation requirements for non-personal data shallmay be prohibited,imposed unlesswhere they are justified on grounds of public security in compliance with, the principleresilience and continuity of proportionalityessential services, an overriding legitimate interest, or laid down on the basisprotection of Unionnational lawand economic security.

Justification

The location of non-personal data has become a factor of resilience, strategic autonomy and economic security. Rather than treating data localisation requirements as prohibited in principle, this amendment establishes a modulable framework under which such requirements may be imposed where they are justified on defined grounds — public security, the resilience and continuity of essential services, an overriding legitimate interest, or the protection of national and economic security — or laid down on the basis of Union law. This effect-based approach enables Member States and the Union to address dependency and disruption risks affecting data of strategic importance, while the requirement that any such measure be necessary and proportionate to the objective pursued preserves the coherence of the internal market and the compatibility of the framework with the Union’s international commitments.

(2) Member States shall immediately 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 Articles 5, 6 and 7 of Directive (EU) 2015/1535 of the European Parliament and of the Council.’

(2) Member States shall immediately 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 Articles 5, 6 and 7 of Directive (EU) 2015/1535 of the European Parliament and of the Council.’