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Data availability for regulatory control by Member State authorities. Non-legislative initiative — guidelines, strengthening enforcement of existing EU rules and enhancing transparency.

EUR-Lex Access to European Union law

The Communication “Building a European Data Economy” stated that in order to ” realise the full potential of the European data economy, any Member State action affecting data storage or processing should be guided by a ” principle of free movement of data within the EU “, as a corollary of their obligations under the free movement of services and the free establishment provisions of the Treaty and relevant secondary legislation “.

Localisation is not a proxy for security, but the means of storage is. Switching and porting data between providers and IT systems. Legal principle, notification, review, transparency, awareness raising.

To achieve these objectives, four areas of intervention have been identified, taking into account the results of the structured dialogue with the Member States and the results of the public consultation: In particular, as explained below, it would still 2009 difficult to pursue infringement proceedings targeting data localisation restrictions.

Specifically, this sub-option is based on the elements described above for Option 2, except that: Numbers vary according to archiefregelong complexity of each switching scenario, but the Commission has been informed of an anonymised example in which the total costs of data egress for the cloud customer amounted to of EUR 2.

This can have an impact on the competitiveness of European SMEs.

Question Response – Data Location & Access Restriction

Finally, inefficiencies in the data archiiefregeling sector are already visible negative consequences of obstacles to data mobility. Powered by Atlassian Confluence 6. Instead of relying on huge data centres, it distributes data storage and processing to a large and potentially unlimited number of computing resources called “nodes”.

Participants of archietregeling structured dialogues with the Member States, for instance, convincingly identified the issues of ‘legal uncertainty’ and ‘lack of trust’ as drivers of the problem of obstacles to data mobility.

An EU level aarchiefregeling would address the problem of legal uncertainty by establishing a clear free movement of data principle covering the whole Union and fostering common approaches to and awareness of the legal possibilities to store and process data at the location and using the service or IT system chosen by an enterprise or a public sector organisation. The general policy objective of the initiative is to achieve a more competitive and integrated EU market for data storage and processing services and activities.


From the strict prior authorisation requirement will be replaced by a certification requirement. Option 1 would have similar implications for burdens on public authorities to those described in 6.

Several existing EU legislative instruments could be interpreted as prohibiting data localisation, or at least restrictions on services that rely on use archiefregeking data, but these instruments always apply only to a limited number of cases.

X bank, a top EU bank, undertook an initiative to increase efficiency, lower costs and improve security through centralisation of IT infrastructures in one Member State, thereby avoiding IT duplication in subsidiaries of the bank. Furthermore, as reported in one of the workshops with business stakeholders organised by the support study team” S tandards are used in the market in an ineffective and inconsistent manner, thus, hampering the export of data from one cloud service provider and their import to another cloud service provider “.

Therefore, there are no further added costs in this respect in the higher intervention range options. These factors have a direct archlefregeling on the choice of location and could result in additional costs for cloud service providers, archiefrrgeling a constraint for the operational efficiency of the industry. Unlocking this potential requires action, in the short term, on the following issues: Also, they often have insufficient or no knowledge of the provisions in their contracts with cloud service providers.

It would seek to make it easier for businesses offering products or services through platforms to obtain access to the data held by the platform, which has been provided to the platform by the customers of the business concerned while using the platform.

This has to do with the magnitude of the costs and its apportioning between the “sending” and “receiving” side. In the public online consultation “European data economy”a large number of respondents indicated that they process data in multiple Member States mainly for operational reasons, namely the cross-border character of their activities, the location of subsidiary companies and the satisfaction of consumer expectations in terms of proximity see further in Annex 2.

EUR-Lex – SC – EN – EUR-Lex

Baseline scenario – no EU policy change. This would facilitate the rapid evolution of technology, the emergence of data as a key factor of production as well as a competitive differentiator, and create the right conditions for investment and innovation in Europe.


Cyber threats pose significant environmental and social risks. The costs would be passed on to the downstream market business users. However, none of these separate actions would induce EU-wide principles. As a result, X bank had to maintain redundant IT operations in country Y. The recent mid-term review of the Digital Single Market strategy 13which assessed the progress towards the implementation of the Digital Single Market, re-iterated the importance of the European data economy framework and urged political action, concluding that the Commission will: It appears that this question cannot be answered unambiguously.

In indirect terms, however, Option 2 would have a positive impact on employment because of the added growth and innovation potential, caused by the lower costs for i setting up a business in the EU, ii entering a new archlefregeling, iii launching a new product or service to the market and iv the ability to serve public and private customers, as indicated in section 6.

Sub-option 2a would rely on self-regulation by industry through the development of codes of conduct for facilitating switching between providers. Deloitte compares a baseline scenario of no intervention with one where data localisation restrictions are removed.

The magnitude of the impact will depend on the uptake and archkefregeling implementation of guidelines by Member States. Figure 2 below shows that the issue of lack of trust is intertwined with the legal uncertainty problem described above.

At the same time, the level of information supplied by the evidence-gathering process e. Enabling cross-border data flows enables greater adoption of cloud computing, with these benefits that are lost with multiple instances or hybrid solutions.

The remaining restrictions are not likely to affect businesses, e. Introducing a principle of data portability to enable switching would steer the efforts made by market players in the same direction, and force more cooperation and a more streamlined approach to portability solutions both on a technical and contractual level.

According to the ‘institutional cost estimation’ tool archierfegeling for the European Electronic Communications Code, this would result in an annual cost of EUR Resolving these issues will facilitate the movement of data across borders, across data storage and processing cloud services CSPs 2 as well as between CSPs and in-house IT systems 3.

For example, our experience archiefregelig that many entities in regulated industries want data to be stored in one country.