Digital Single Market

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On 22 June 2018, the European Commission published a factsheet that provides a visual summary of the actions taken to date to implement its Digital Single Market strategy. The Digital Single Market strategy refers to the European Commission’s mission to ensure access to online activities for individuals and businesses under conditions of fair competition, consumer and data protection, removing geo-blocking and copyright issues.

The factsheet sets out a timeline, which shows the status of each of the Digital Single Market strategy initiatives presented by the Commission since its announcement of the Digital Single Market strategy in 2015. The factsheet shows that 29 legislative initiatives have been presented, of which 17 have been agreed by the European Parliament, the Council of the EU and the Commission.

There remain 12 Commission legislative initiatives that the European Parliament and the Council are yet to reach agreement on. Notably, the forthcoming ePrivacy Regulation initially envisaged as coming into force at the same time as the General Protection Regulation 2016/679 remains very much in the negotiation process. With the upcoming European elections in 2019 looming ever closer, there is a very real danger that unless rapid progress is made, the whole adoption process could find itself put on hold.Continue Reading Commission publishes factsheet on Digital Single Market strategy

You may well remember our blog from last year which outlined the Commission’s proposal for a framework in relation to the free flow of non-personal data in September 2017 (you can view our blog here).

On 19 June 2018, the European Parliament, Council and the European Commission reached a political agreement on the rules that will allow data to be stored and processed everywhere in the EU, without unjustified restrictions.

In addition to supporting the creation of a competitive data economy within the Digital Single Market, these new rules will remove barriers which hinder the free flow of data. Predictions suggest that this could boost Europe’s economy by an estimated growth of up to 4 per cent GDP by 2020. You can find more information on the European Commission’s website.

Key objectives

The new rules on the free flow of non-personal data will:

  • Ensure the free flow of data across borders: this will prohibit data localisation restrictions permitting organisations to be able to store data anywhere in the EU. Also, requiring Member States to communicate to the Commission any remaining or planned data localisation restrictions in “limited specific situations of public sector data processing”.
  • Ensure data availability for regulatory control: allowing public authorities to access data – for scrutiny and supervisory control – despite where it is stored and/or processed in the EU. Also, Member States may sanction users that do not provide access to data stored in another Member State.
  • Encourage creation of codes of conduct for cloud services: to facilitate switching between cloud service providers under clear deadlines. The Commission states that this “will make the market for cloud services more flexible and the data services in the EU more affordable”.

Continue Reading EU reaches agreement on rules allowing free flow of non-personal data

“A year from now, the European Union will start benefiting from the new data protection standards.”

This week, the European Commission’s most senior voices gave an official statement promoting the benefits of the new General Data Protection Regulation (GDPR). Andrus Ansip (Vice-President) and Věra Jourová (Commissioner) of the European Commission aimed their statement at all…

The EU Commission recently launched a Public consultation on Building the European data economy. The objective behind the consultation is to feed into the Commission’s future policy agenda on the European data economy in 2017.

The data economy

In its Communication entitled “Building a European Data Economy,” the Commission has re-identified (from its 2012 Communication) the need to upgrade the EU’s legal regarding the trade of data.
Continue Reading Building the EU data economy: time for an upgrade?

On 5 July, the European Commission (“EC”) published a communication outlining measures to improve resilience to cyber incidents, improve cooperation and information sharing, and promote innovation and competition in the European cybersecurity industry.

 

The communication highlights the EC’s intention to take cooperation, knowledge, and capacity to the next level, particularly through the imminent introduction of…

Tasked with harmonising the disparate member state legislation that implemented the eSignatures Directive (Directive 1999/93/EC), Regulation (EU) N°910/2014 (the “eIDAS” Regulation) became effective 1 July this year.

The eIDAS Regulation repeals the eSignatures Directive and contains specific provisions governing electronic identification, trust services, and a range of online authentication methods, including electronic signatures,…

The European Commission (EC) recently proposed the European Cloud Initiative (ECI): a plan to create a world-class data infrastructure to store, manage, transport and process data at high speeds. The primary aims are to support establishment of the ‘Digital Single Market’ in Europe, improve Europe’s position in data-driven innovation, and improve competitiveness and inspire cohesion and collaboration on projects across Europe. By establishing the European Data Infrastructure (EDI – a high-performance computing framework), the ECI will create the European Open Science Cloud (EOSC). The EOSC will provide European researchers and professionals in science and technology an environment in which to store, manage, analyse and share data linked to their research, seamlessly and efficiently across the EU. The aim is to extend the EDI and the EOSC to the public sector and industry by 2020.
Continue Reading The European Cloud Initiative: Will Data Protection Requirements Cause Stormy Weather?

On 22 December 2015, the European Commission announced its next steps towards completing the single market for cross-border parcel delivery. The Commission’s aim is to enhance price transparency and regulatory oversight of the parcel market over the coming year, thereby providing consumers and businesses with better access to digital goods and services across Europe.

Cross-border parcel delivery is considered to be one of the key drivers of e-commerce, and forms part of the Commission’s strategy on achieving a Digital Single Market (‘DSM’). The Commission believes that affordable and high-quality, cross-border delivery can build consumer trust in cross-border online sales, and can stimulate the growth of e-commerce. However, high prices and inefficient deliveries between Member States have deterred consumers and businesses from buying and selling online.
Continue Reading European Commission targets cross-border parcel delivery as part of its Digital Single Market Strategy

Earlier this month, we reported the progress of trilogue discussions on the long-awaited General Data Protection Regulation (GDPR). On 15 December 2015, almost four years after the legislative proposal was originally tabled by the European Commission, the European Parliament and the Council finally reached agreement, bringing the GDPR one step closer to adoption.

The final trilogue negotiations, which were concluded 15 December 2015, saw a “strong compromise” reached between the European Council, Parliament and Commission. The GDPR will be formally adopted by the European Parliament and Council at the beginning of 2016, and organisations will then have two years to ensure that their data practices are compliant. Some headline provisions of the agreed text are:

  • Companies can be fined up to 4% of their annual turnover for data protection breaches
  • Companies based outside Europe will be subject to the regulation if they offer goods and services in Europe
  • Companies processing sensitive personal data must appoint a data protection officer
  • Companies will only have to deal with a single supervisory authority

Continue Reading Agreement reached on the GDPR

In May 2015 the European Commission (EC) announced its strategy for a European ‘digital single market’ (DSM) that mirrors the possibilities of the physical single market. It can be difficult to keep up with the Commission’s ever-evolving plans, so Reed Smith released a Client Alert to review some of the more controversial aspects, including the…