CNNum opinion on data flows: consistency calls for support for a European regulation
ThisCNNum opinion, which is not backed up by any concrete examples or cases, and for which Syntec Numérique was not consulted, cites “the uncertainties linked to the introduction of a general principle of free circulation of data, given the extremely diverse realities covered by the term data and the multitude of uses and markets that data could yet give rise to.”However, the principles of free circulation of goods and services have been applied despite diverse realities – that’s the point of a general principle.
Furthermore, the CNNum points out that “recognizing a principle of data circulation at European level could constitute an argument for enshrining it in future free-trade agreements”, which “would lead to facilitating the transfer of data without control outside the European Union”. However, exchanges with Europe’s trading partners are independent of this inter-European debate, and cannot in any case lead to transfers without control, since a framework must be established if necessary, with, for example, adequacy decisions.
Finally, the CNNum affirms that “it seems essential to focus more on the concrete actions needed to enable Europe to benefit from the economic and social spin-offs of the data revolution, rather than enshrining a new principle.”Yetthe two ideas go hand in hand, since it is by enshrining this principle of the free circulation of data in Europe that the European Union will be able to foster the emergence of a leading data economy, which its companies and economic players are calling for.
Consistency should therefore have required the CNNum to support recognition of this general principle of free data circulation in Europe, which would necessarily fall within the general personal data protection framework of the RGPD, and could not run counter to the sovereign interests of states such as issues relating to national security. Indeed, this is why a majority of member states are calling on the European Commission to propose legislation on the subject.
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In January, Syntec Numérique published a note showing that data circulation is a necessary pillar for the competitiveness of the digital single market, but also that of traditional sectors that increasingly rely on the use of data, while, nevertheless, obstacles to data circulation are multiplying in Europe. To put an end to this fragmentation, which particularly impacts SMEs unable to duplicate their infrastructure in 28 member states, Syntec Numérique would like to see a European regulation proposed as early as 2017 to guarantee the circulation of data in Europe without delay.
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