HomeInsightsCouncil of the European Union adopts Regulation on the framework for the free flow of non-personal data in the EU

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The Council says that the new rules are designed to boost the data economy and the development of emerging technologies such as cross-border autonomous systems and artificial intelligence. A provisional deal was concluded with the European Parliament on 19 June 2018.

The reforms ban data localisation restrictions imposed by Member States on the geographical location for storing or processing non-personal data, unless such restrictions are justified on grounds of public security. Member States’ authorities will continue to have access to data even when it is located in another country. Data may need to be accessed for example for the purposes of regulatory or supervisory control.

The Regulation encourages the development of codes of conduct to make it easier for users of data processing services to switch providers or to port their data back to their own IT systems.

The European Parliament voted on the Regulation on 4 October 2018. The Regulation is set to be signed by both institutions during the Parliament’s plenary session in mid-November and then published in the EU Official Journal. It will be directly applicable in all Member States six months after its publication. To read the Council’s press release in full and to access the Regulation, click here.

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