been published in the so-called Archiefregeling. This regulation exist, or might exist, including associations among these things (ISO ). (Archiefbesluit ) and the Public Records Regulation (Archiefregeling ) include requirements for the management and. retention. the Archiefwet , the Archiefbesluit and the Archiefregeling does not apply. That is important to notice because these laws state.

Author: Dusar Mokora
Country: Belarus
Language: English (Spanish)
Genre: Automotive
Published (Last): 28 May 2007
Pages: 357
PDF File Size: 14.88 Mb
ePub File Size: 17.81 Mb
ISBN: 480-8-77313-638-2
Downloads: 95929
Price: Free* [*Free Regsitration Required]
Uploader: Kazigore

Obstacles to the movement of data across borders within the EU. As outlined above with regard to the economic impacts, without establishing and strengthening obligations on private actors to make the data available and promoting Member States’ cooperation, a projected rise in cross-border data 2090 and requests for access to data would exacerbate such administrative burden.

EUR-Lex – SC – EN – EUR-Lex

These results are corroborated by the results of the public consultationwhich show how stakeholders are aware of these potential savings that could accrue in case of clear archiefregeeling to data restrictions Option 2 foresees in the development of a specific cloud service providers’ certification scheme.

Data localisation measures are adopted by Member States for different reasons, which are prominently data security in a wide sense, which encompasses concerns like confidentiality, integrity, continuity and accessibility for the controller of the dataand the availability of data for supervisory and regulatory authorities of the Member States.

In a paper presented during the Roundtable ‘banking in the digital age’, organised by the Commission in Novemberthe European Banking Federation clearly pleaded for a legal principle on free flow of data, to enable the banking sector to become more efficient. Public records Act art. Also, the choice will be more limited in smaller Member States.

During the evidence gathering process, this insight was frequently confirmed by other stakeholders, with no opposite views voiced. The impacts on the upstream market structure cloud service providers would be similar to those envisaged in the baseline scenario.

Even without a formal requirement, it is clear from these conversations that entities believe that archiiefregeling strongly disfavour or in practice prohibit storing data outside of their home country.

EUR-Lex Access to European Union law

Under this Option, in principle all data localisation restrictions for reasons other than protecting public security would be considered unjustified or disproportionate restrictions. In this regard, strengthened enforcement is expected to have a moderate positive effect as compared to no EU policy change.


As more and more data of critical infrastructure or industry working with dangerous substances are moved to the cloud, state-of-the-art security of data processing and storage facilities is of utmost importance to keep environmental and social dangers to a minimum. Fear of the risk of a security breach is the most common concern, which directly constrains the uptake of cloud services, and which in turn leads to efficiency losses for businesses and, ultimately, society as a whole.

Option 2 could indirectly foster, through making switching easier, the growth and the take-up rate of cloud services in Europe. Contrary to concerns on cyber security, evidence suggests that data stored in large-scale data centres is actually safer than data stored on-site.

They did so by means of the online public consultation, during the structured dialogues organised by the Commission or by submitting position papers for scrutiny.

Archiefregelig this respect, the Commission should be cautious about instituting such a right. When data is stored on-site, the security risks for business end-users are higher, while at the same time more expensive as well As archiefreyeling are already data localisation restrictions currently in place, a number of these respondents also call for transparency on the approach to those existing restrictions.

The baseline scenario does not lead to direct burdens for Member States’ public authorities, as it relies on existing instruments like the NIS Directive. In view of the fact that all archiefregelingg activities increasingly depend on them it is understandable why obstacles to such services can generate large economic losses. Market fragmentation would also persist, hampering archiedregeling and competitiveness of the companies in the market as business end-users of data services would in some case be archiefrregeling to stay in less competitive markets with higher prices.

This would lead to an unequal regulatory landscape and an unequal level playing field for businesses in the EU. Member States’ legislative and administrative restrictions. However, with a stronger push from the Commission for market players to cooperate on interoperability, and especially open APIs, a further increase in the efficiency of data migration may be seen.

The GDPR will enable people to better control their personal data.

In Germany, the initial draft “social network” law contained data localisation restrictions, but those were taken out as deliberations archiefrefeling the draft law progressed. More transparency will remove legal uncertainty, especially regarding hidden costs which are not mentioned in the contract. Data adchiefregeling for regulatory control by Member State authorities.


Therefore, they would lead to multiplication of regulatory requirements across archiefrege,ing EU single market, hence fragmentation, and tangible additional costs for enterprises, especially SMEs. Factors making infringement proceedings against data localisation restrictions difficult to pursue.

The group could advise on a consistent application of the principles in all Member States. Also, as demonstrated before, at least two of the three drivers to the basic problem of obstacles to data mobility legal uncertainty and lack of trust are underpinned by important psychological elements. Exit strategies by design might be implemented by cloud service providers. Option 2a would however still induce the largest amount of the positive economic effects assessed for Option 2 above, because it would provide for action by the industry to develop codes of conduct on switching and standards of information provision to users regarding the conditions under which data can be ported out of their IT environments.

It could discuss and engage in raising awareness of the free movement of data principle. The political support for an EU free flow of data initiative is very strong, placing it at the centre of the development of digital technologies and services across the EU, rendering it a key element in achieving the Digital Single Market: Therefore, there would be significant positive environmental impacts flowing from this intervention area under Option 2.

The study asserts that data localisation restrictions could lead to the provision of more cloud data centres than cloud service providers would ideally like to deploy if they wish to provide services in Member States with more onerous cross-border data transfer compliance obligations.

Blockchain already underpins crypto-currencies bitcoin, ether. In particular, as explained below, it would still be difficult to pursue infringement proceedings targeting data localisation restrictions. Policy action on improving data availability to Archietregeling State authorities for regulatory control purposes would increase cross-border data mobility because of raised levels of trust, both by market participants and by Member States authorities.