The regulation for the free flow of non-personal data in the European Union

29.05.2019

REGULATION (EU) 2018/1807 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 14 November 2018 on a framework for the free flow of non-personal data in the European Union [05/31/2019]

On November 14, 2018, the European Parliament and the Council of the EU approved a legislative reform banning data localization restrictions. The Regulation (EU) 2018/1807, published in the Official Journal of the European Union on November 28, 2018 and therefore applicable in all EU Member States as of May 2019.

The regulation prohibits data localization requirements put in place by EU Member States regarding the storing or processing of non-personal data. An exception to the general prohibition applies where data localization restrictions are justified on grounds of public security. A new principle that abolishes data localisation requirements while making sure that competent authorities can access data for the purposes of regulatory control.

The regulation does not cover citizens directly. However, citizens are expected to benefit indirectly from this regulation through a more competitive and open single market for data storage and processing services in the EU.

The regulation covers data mobility within the EU only and other than personal data. Together with the General Data Protection Regulation (GDPR), the new measures ensure a comprehensive and coherent approach to the free movement and portability of data in the EU. For that reason, it primarily affects businesses and business and public sector users of data storage and processing services, and individuals acting in a professional capacity.

The European Commission adopted its guidance on data sets and the interaction between GDPR and FFD Regulation which can be found here: https://ec.europa.eu/digital-single-market/en/news/practical-guidance-businesses-how-process-mixed-datasets

The dedicated YourEurope Portal site on using, storing and transferring data is now online: https://europa.eu/youreurope/business/running-business/developing-business/using-storing-transferring-data/index_en.htm

Focusing on vendor lock-in practices in the private sector, the regulation promotes market player self-regulation through the development of codes of conduct which users to switch between service providers without hindrance. This codes of conduct will be published by the end of 2019.