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Re-use of public sector information

01-04-2019

The mid-term review of the digital single market strategy 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, and announced a legislative proposal to improve access to and the re-use of publicly funded data. These data, which include geographical, land registry, statistical and legal information, are needed by re-users in the digital economy, and are increasingly employed by public administrations themselves. On ...

The mid-term review of the digital single market strategy 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, and announced a legislative proposal to improve access to and the re-use of publicly funded data. These data, which include geographical, land registry, statistical and legal information, are needed by re-users in the digital economy, and are increasingly employed by public administrations themselves. On 25 April 2018, the European Commission adopted a proposal for a revision of the directive on the re-use of public sector information, which was presented as part of a package of measures aiming to facilitate the creation of a common data space in the EU. The directive addresses a number of issues, and presents ways to boost the potential of public sector information, including the provision of real-time access to dynamic data, the supply of high-value public data for re-use, the prevention of new forms of exclusive arrangement, and action to limit the use of exceptions to the principle of charging the marginal cost. Within the European Parliament, the Committee on Industry, Research and Energy (ITRE) adopted its report on 2 December 2018. An agreement was reached with the Council in trilogue on 22 January 2019, and this was approved by the ITRE committee on 19 February. The agreed text is expected to be voted by Parliament in plenary during April 2019.

Free flow of non-personal data in the European Union

25-01-2019

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. The mid-term review of the digital single market in 2017 identified the data economy as one of the top three priority areas in the second half of the strategy’s implementation. It found the European data economy could grow 18-fold, given favourable policy and legislative conditions, representing 4 % of EU GDP by 2020. On 13 ...

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. The mid-term review of the digital single market in 2017 identified the data economy as one of the top three priority areas in the second half of the strategy’s implementation. It found the European data economy could grow 18-fold, given favourable policy and legislative conditions, 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 were left for future proposals. The European Parliament adopted the legislation on 3 October 2018 and it was approved by the Council of Ministers on 9 November. The regulation was signed by both institutions on 14 November and published in the Official Journal on 28 November. It will be directly applicable in all Member States from 18 June 2019. Fourth edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure. Please note this document has been designed for on-line viewing.

Single digital gateway

19-12-2018

As part of the ‘compliance package’, the Commission intends to provide a single digital entry point to offer easy and efficient online access for businesses and citizens, comprising: (1) information about Union and national law and administrative requirements, (2) procedures, such as company registration, and (3) services providing assistance upon request. The portal would serve start-ups and growing companies, as well as helping companies conducting business in another country. Access to these services ...

As part of the ‘compliance package’, the Commission intends to provide a single digital entry point to offer easy and efficient online access for businesses and citizens, comprising: (1) information about Union and national law and administrative requirements, (2) procedures, such as company registration, and (3) services providing assistance upon request. The portal would serve start-ups and growing companies, as well as helping companies conducting business in another country. Access to these services would be non-discriminatory, i.e. citizens and businesses from other Member States would have full access to the information and services, and this not only in the language used in the country in which they want to do business. The proposal builds on several existing schemes, such as single points of entry at national level; these cover only a few fields, are not always interconnected, suffer from being little known and are therefore underutilised. In May 2018, trilogues concluded with a provisional agreement, which was then confirmed by both Parliament and Council. The final act was signed on 2 October 2018.

Societal costs of “Fake news” in the Digital Single Market

14-12-2018

This in-depth analysis explores the mechanisms of “fake news” and its societal costs in the Digital Single Market. It describes the risks to the integrity of information and to the integrity of elections. It highlights the roles of the various actors involved in the production and amplification of such information disorders. Finally, it outlines responses that are being tested in different parts of Europe to deal with the issue. The document has been provided by Policy Department A at the request ...

This in-depth analysis explores the mechanisms of “fake news” and its societal costs in the Digital Single Market. It describes the risks to the integrity of information and to the integrity of elections. It highlights the roles of the various actors involved in the production and amplification of such information disorders. Finally, it outlines responses that are being tested in different parts of Europe to deal with the issue. The document has been provided by Policy Department A at the request of the European Parliament Committee on the Internal Market and Consumer Protection.

Išorės autorius

Prof. Dr. Divina Frau-Meigs

Rules for EU institutions' processing of personal data

12-09-2018

In the context of the comprehensive reform of the EU's legal framework for data protection, the Commission tabled a proposal in January 2017 for a 'regulation on the protection of individuals with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and the free movement of such data' and repealing the existing one (Regulation No 45/2001). The aim is to align it to the 2016 General Data Protection Regulation (GDPR) that has been fully applicable since ...

In the context of the comprehensive reform of the EU's legal framework for data protection, the Commission tabled a proposal in January 2017 for a 'regulation on the protection of individuals with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and the free movement of such data' and repealing the existing one (Regulation No 45/2001). The aim is to align it to the 2016 General Data Protection Regulation (GDPR) that has been fully applicable since 25 May 2018. Interinstitutional trilogue meetings, in which debate focused on also applying the regulation to operational data of EU bodies carrying out law enforcement activities, brought an agreement between the co-legislators in May. The compromise text is due to be voted by the Parliament in the September plenary session. Third edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.

Cross-border mobility of companies and use of digital solutions in company law

12-09-2018

In order to facilitate the freedom of establishment for companies, the Commission is proposing rules regarding the use of digital tools and processes throughout companies’ lifecycles and rules regarding cross-border conversions, mergers and divisions. This initial appraisal of the Commission’s impact assessment on the proposals observes that the impact assessment is very wide in scope and hence quite complex, but nevertheless manages to make a persuasive case to back the regulatory action being proposed ...

In order to facilitate the freedom of establishment for companies, the Commission is proposing rules regarding the use of digital tools and processes throughout companies’ lifecycles and rules regarding cross-border conversions, mergers and divisions. This initial appraisal of the Commission’s impact assessment on the proposals observes that the impact assessment is very wide in scope and hence quite complex, but nevertheless manages to make a persuasive case to back the regulatory action being proposed

Review of the Directive on the Re-use of Public Sector Information (Directive 2013/37/EU)

25-04-2018

The Directive on the re-use of public sector information 2013/37/EU (PSI Directive) provides a common legal framework for a European market for public sector information. It entered into force on 17 July 2013 following a review of the initial PSI Directive of 17 November 2003. This implementation appraisal is written in anticipation of the second review of the directive, the plans for which are likely to be presented by the end of April 2018 as part of a broader package targeting the data economy ...

The Directive on the re-use of public sector information 2013/37/EU (PSI Directive) provides a common legal framework for a European market for public sector information. It entered into force on 17 July 2013 following a review of the initial PSI Directive of 17 November 2003. This implementation appraisal is written in anticipation of the second review of the directive, the plans for which are likely to be presented by the end of April 2018 as part of a broader package targeting the data economy. The upcoming review will attempt to identify opportunities for reducing regulatory costs and for simplifying the existing legislation without negatively affecting the achievements of the underlying policy goals. The ongoing evaluation of the Directive on the legal protection of databases 96/9/EC (Database Directive) will feed into the review by identifying potential issues with the interplay between the PSI and Database Directives. The Commission has also announced that the PSI review will be aligned with the follow-up actions to the REFIT mid-term policy evaluation of Directive 2007/2/EC, 'INSPIRE' (Directive establishing an Infrastructure for Spatial Information in the European Community). For these reasons, both these directives have been included in this appraisal.

Public Security Exception in the Area of non-personal Data in the European Union

16-04-2018

In order to avoid conflict with the freedom to conduct a business and the freedom of contract the wording of article 4(1) should be amended and be addressed to the Member States; • The proposal underplays that information security has a legal dimension to it, notoriously so because member states’ national security activities operate outside the scope of EU law; • The principle aversion against locality that emanates from the proposal may not be fully aligned with state-of-the-art technology where ...

In order to avoid conflict with the freedom to conduct a business and the freedom of contract the wording of article 4(1) should be amended and be addressed to the Member States; • The proposal underplays that information security has a legal dimension to it, notoriously so because member states’ national security activities operate outside the scope of EU law; • The principle aversion against locality that emanates from the proposal may not be fully aligned with state-of-the-art technology where multiple data mirrors geographically distribute a dataset. For example, one local mirror is advisable for business continuity in the event of a disruption of transmission infrastructure; • Not all non-personal data is created equal; from the stream of non-personal data that is for example generated in the Internet of Things (IoT) data necessary to control real world devises should in addition be locally accessible; • Whithout contradicting the philosophy behind the free flow of non-personal data proposal this briefing presents examples for interventions that should be justifyable on grounds of public policy or the protection of health and life of humans, animals or plants.

Audiovizualinė ir žiniasklaidos politika

01-04-2018

ES audiovizualinė politika reglamentuojama Sutarties dėl Europos Sąjungos veikimo (SESV) 167 ir 173 straipsniais. Audiovizualinės politikos pagrindinis teisės aktas yra 2018 m. persvarstyta Audiovizualinės žiniasklaidos paslaugų direktyva. Pagrindinė ES priemonė, skirta padėti šiai pramonei (visų pirma filmų), yra programos „Kūrybiška Europa“ paprogramė MEDIA. Europos Sąjungos pagrindinių teisių chartijoje reikalaujama gerbti žiniasklaidos laisvę ir pliuralizmą.

ES audiovizualinė politika reglamentuojama Sutarties dėl Europos Sąjungos veikimo (SESV) 167 ir 173 straipsniais. Audiovizualinės politikos pagrindinis teisės aktas yra 2018 m. persvarstyta Audiovizualinės žiniasklaidos paslaugų direktyva. Pagrindinė ES priemonė, skirta padėti šiai pramonei (visų pirma filmų), yra programos „Kūrybiška Europa“ paprogramė MEDIA. Europos Sąjungos pagrindinių teisių chartijoje reikalaujama gerbti žiniasklaidos laisvę ir pliuralizmą.

Optimal Scope for Free Flow of Non-Personal Data in Europe

15-03-2018

Data is not static in a personal/non-personal classification – with modern analytic methods, certain non-personal data can help to generate personal data – so the distinction may become blurred. Thus, de-anonymisation techniques with advances in artificial intelligence (AI) and manipulation of large datasets will become a major issue. In some new applications, such as smart cities and connected cars, the enormous volumes of data gathered may be used for personal information as well as for non-personal ...

Data is not static in a personal/non-personal classification – with modern analytic methods, certain non-personal data can help to generate personal data – so the distinction may become blurred. Thus, de-anonymisation techniques with advances in artificial intelligence (AI) and manipulation of large datasets will become a major issue. In some new applications, such as smart cities and connected cars, the enormous volumes of data gathered may be used for personal information as well as for non-personal functions, so such data may cross over from the technical and non-personal into the personal domain. A debate is taking place on whether current EU restrictions on confidentiality of personal private information should be relaxed so as to include personal information in free and open data flows. However, it is unlikely that a loosening of such rules will be positive for the growth of open data. Public distrust of open data flows may be exacerbated because of fears of potential commercial misuse of such data, as well of leakages, cyberattacks, and so on. The proposed recommendations are: to promote the use of open data licences to build trust and openness, promote sharing of private enterprises’ data within vertical sectors and across sectors to increase the volume of open data through incentive programmes, support testing for contamination of open data mixed with personal data to ensure open data is scrubbed clean - and so reinforce public confidence, ensure anti-competitive behaviour does not compromise the open data initiative.

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