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Free movement of non-personal data: harness the potential of the digital single market

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New rules complementary to the general regulation of Data Protection, applicable since May.

The European Union is shaping the new rules on the free movement of so-called "non-personal data", which are all those that do not allow a person to be identified well because they are non-personal in nature - that is, other than name, surname , address, email, ID, etc. - or because they have been transformed into anonymous - for example, when the name of the women who have given birth in a hospital is replaced by an X, so that only the total count remains of births-.

Objective

The objective of the new regulations is to end the geographical, storage or non-personal data processing restrictions that some countries apply. These limitations impede the mobility of such information in a single market precisely based on the free movement of people, capital, goods and services.

Processing in Parliament

On June 4, the Internal Market Commission of the European Parliament gave its approval to the rules that will allow this free movement of non-personal data throughout the EU, which is based on a proposal from the European Commission of September 2017. Following the Eurocamara support for the negotiating mandate, during its June plenary session, negotiations with the EU Council and the European Commission on the final text of the regulation began on June 14.

MEPs approved on October 4 the final text of the normal ones that ensure the free circulation of non-personal data in the EU.

"This regulation is a real change in the rules of the game for the digital economy in Europe"
Anna Maria Corazza Bildt.

The MEP recalls that this sector generates huge profits for companies and public authorities. The market value of the EU data was estimated in 2016 at almost 60,000 million euros, according to data from the European Commission.

Current situation

EU countries can now force public and private organizations to place data storage or processing within national borders, and in many cases they do. Current restrictions and legal uncertainty about the movement of data - for example, changing suppliers - cost EU companies billions of euros every year.

What will change?

In the future, restrictions can only be justified for "imperative reasons of public safety." Data portability among internet service providers should ensure real competition between borders with benefits for companies.

"It is an important step towards reducing data protectionism that threatens the digital economy. My goal is to have clear rules of neutrality on the internet and future proof," said Corazza Bildt.

Privacy is not put at risk

These rules would only apply to non-personal data, that is, all the personal data privacy protection commitments acquired under the new General Data Protection Regulation (GDPR), applicable since May 25, 2018. Both regulations are complementary.

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