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Free flow of non-personal data in the European Union [EU Legislation in Progress]

Written by Mar Negreiro (3rd edition, Updated on 26.9.2018),

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One of the 16 key elements of the Commission’s digital single market strategy, presented in 2015, was a legislative proposal to facilitate the free flow of non-personal data. Although this proposal was not made during 2016, whilst the Commission gathered more supporting evidence, the mid-term review of the digital single market in 2017 identified the data economy as one of the top three priority areas for action in the second half of the strategy’s implementation. The European data economy could grow 18-fold, with favourable policy and legislative conditions in place, representing 4 % of EU GDP by 2020.

On 13 September 2017, the Commission tabled a proposal for a regulation aimed at removing obstacles to the free movement of non-personal data across borders. It focuses on removing the geographical restrictions on data storage in the internal market, a move long demanded by stakeholders. In addition, the Commission proposes self-regulation to facilitate switching cloud-service-providers for professional users. Other, less widely agreed aspects, such as access rights and liability are left for future proposals. Within the European Parliament the IMCO committee adopted its report on 4 June along with a mandate to enter into interinstitutional negotiations with the Council. On 19 June a political agreement was reached in trilogue. Parliament is due to vote on this text, in plenary in October 2018.

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Amended proposal for a Regulation of the European Parliament and of the Council on the access of third-country goods and services to the Union’s internal market in public procurement and procedures supporting negotiations on access of Union goods and services to the public procurement markets of third countries
Committee responsible: Internal Market and Consumer Protection (IMCO) COM(2017) 495 of 13.9.2017

procedure ref.: 2017/0228(COD)

Ordinary legislative procedure (COD) (Parliament and Council on equal footing – formerly ‘co-decision’)

Rapporteur: Anna Maria Corazza Bildt (EPP, Sweden)
Shadow rapporteurs:


Christel Schaldemose (S&D, France)
Daniel Dalton (ECR, UK)
Dita Charanzová (ALDE, Czech Republic)
Julia Reda (Greens/EFA, Germany)
Marco Zullo (EFDD, Italy)
Next steps expected: First-reading vote in plenary

EU Legislation in progress timeline

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