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#DigitalSingleMarket - New rules on non-personal data enter into force

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The Regulation on the free flow of non-personal data that was proposed by the European Commission in September 2017 has entered into force. The Regulation was adopted by the European Parliament in October 2018 and by the Council of the European Union in November 2018.  It will allow public and private sector bodies to store and process non-personal data anywhere in the EU in the most efficient and cost-effective way, as well as raise trust in cloud computing and make it easier for customers to switch or end their cloud contracts.

Furthermore, from now on, it will no longer be possible for member states to compel businesses to store data in a particular location. Wherever data is stored in the EU (whether in a cloud or locally), competent authorities in all Member States will retain any right they currently already have to request access for regulatory and supervisory control.

Digital Single Market Vice President Andrus Ansip and Digital Economy and Society Commissioner Mariya Gabriel said: "From today, there will be one major barrier less in the Digital Single Market: any new data localization restrictions are forbidden. All unjustified existing ones must be phased out within two years. The new Regulation on the free flow of non-personal data will help stimulating the European data economy, boosting growth and jobs as well the EU competitiveness in the global market. Better data flow will open up new possibilities for European startups and SMEs to create new services."

The new Regulation also creates a self-regulatory process by which cloud stakeholders (service providers and users) develop codes of conduct that will enable users to switch between providers more easily. This new Regulation does not in any way affect the application of the General Data Protection Regulation (GDPR), as it does not cover personal data. The two Regulations will function together to enable the free flow of all data in the EU, creating a single European space for data.

More information is available in these Questions and Answers and in a factsheet.

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