La Comisión Europea ha propuesto hace un poco más de una semana importantes soluciones jurídicas y políticas para impulsar la economía de los datos de la UE, en el contexto de su Strategy for the Digital Single Market filed in May 2015.
The Commission wants to address this problem because now the HAT is not take full advantage of the possibilities offered data. To correct this situation, it is necessary to combat unjustified restrictions on the free movement of data across borders, as well as several legal uncertainties. The Communication today outlines political and legal solutions to boost the economy of data in Europa. The committee has also launched two public consultations and a discussion with the member states and stakeholders in order to define the next steps.
In the communication, the committee has also proposed that states interested members participate in cross-border projects that explore emerging issues related to the data in situations realistic. Some projects on mobility cooperative connected and automated (CC), which allows for vehicles connect with each other and with the infrastructure of the road, are already under way in some Member states. The Commission wants to rely on these projects and test the regulatory implications of access to data and responsibility in connection therewith.
It is estimated that the economy of the data marked on the union 272 billion EUR in 2015 (annual growth of 5.6%) and could employ 7.4 billion by 2020. Data can be used to improve virtually every aspect of daily life, from the business analysis to the weather forecast, since a new era in the field of medicine that allows a personalized attention to a safer roads and with less traffic jams. For this reason, the communication of the committee highlights the role of the free movement of data in the HAT.
Moreover, a internal study notes the existence of numerous legal or administrative restrictions, mainly in the form of localization requirements of national data, which affect the whole market data from the HAT. Removing these restrictions could generate up to 8 billion EUR of PIB per year.
All these initiatives are based on strict rules of protection of personal data (the General rules of data protection adopted last year ) and the confidentiality of electronic communications (see proposal today on the electronic privacy ), given that confidence is the foundation on which you can build an economy of data.
The general regulation of data protection (RGPD) regulates the full treatment of personal data in the HAT, including the data generated by machines or industrial data that uniquely identify an individual or make identifiable. Through the establishment of standards of data protection strict and uniform, guarantees the free movement of personal data in the HAT. However, the RGPD does not apply to non-personal data that are industrial or generated by machines, or obstacles to the movement of personal data based on different grounds of their protection, for example, associated with accounting or tax law.
In order to maximize the data for the European economy, the committee:
- Structured dialogues with member states and stakeholders to discuss the proportionality of restrictions on location of data. The objective will also collect more information about the nature of such restrictions and their impact on businesses, particularly SMEs and new creation, and public sector entities.
- Pondrá en marcha, si resultan necesarias y adecuadas, medidas coercitivas y, en su caso, adoptará nuevas iniciativas para combatir las restricciones injustificadas o desproporcionadas relacionadas con la localización de los datos.
La Comisión ha examinado igualmente la inseguridad jurídica creada por las novedades asociadas a la economía de los datos y desea conocer las distintas opiniones sobre las posibles respuestas políticas y jurídicas en relación con:
- Access to data and its transfer. The extensive use of non-personal data generated by machines can lead to great innovations, start-up companies and new business models born in the HAT.
- The responsibility regarding products and services based on data. The current regulations of the HAT on liability is not adapted to products and services digital and based on data from today.
- The portability of data. Currently, the portability of non-personal data is complicated, for example when a company wants to move large amounts of data of a service provider in the cloud to another.