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EU-UK private-sector data flows after Brexit: Settling on adequacy

09-04-2021

EU-UK data flows – the lifelines of our shared digital trade – have come under pressure following the UK's withdrawal from the EU. To take regulatory and business decisions, a clear understanding of the state of play and future prospects for EU-UK transfers of personal data is indispensable. This EPRS in-depth analysis reviews and assesses trade dealings, adequacy challenges and transfer instruments under the EU's General Data Protection Regulation (GDPR).

EU-UK data flows – the lifelines of our shared digital trade – have come under pressure following the UK's withdrawal from the EU. To take regulatory and business decisions, a clear understanding of the state of play and future prospects for EU-UK transfers of personal data is indispensable. This EPRS in-depth analysis reviews and assesses trade dealings, adequacy challenges and transfer instruments under the EU's General Data Protection Regulation (GDPR).

A European strategy for data

24-03-2021

Data represents the driving force of the European digital transformation. In order to harness the potential of the data economy, the European Commission aims to build a market for personal and non-personal data that fully respects European rules and values. During its March II plenary session, Parliament is due to debate data issues, before voting on an own-initiative report concerning a European strategy for data and a resolution on the European Commission’s evaluation of the General Data Protection ...

Data represents the driving force of the European digital transformation. In order to harness the potential of the data economy, the European Commission aims to build a market for personal and non-personal data that fully respects European rules and values. During its March II plenary session, Parliament is due to debate data issues, before voting on an own-initiative report concerning a European strategy for data and a resolution on the European Commission’s evaluation of the General Data Protection Regulation (GDPR).

Electronic evidence in criminal matters

22-03-2021

In December 2020, the European Parliament's Civil Liberties, Justice and Home Affairs Committee adopted its reports on a pair of 2018 legislative proposals on electronic evidence in criminal matters, and mandates to start trilogue negotiations on the two proposals. The proposed new rules would allow law enforcement and judicial authorities to directly request (or temporarily secure) electronic data needed for investigating and prosecuting crime from electronic service providers operating in the EU ...

In December 2020, the European Parliament's Civil Liberties, Justice and Home Affairs Committee adopted its reports on a pair of 2018 legislative proposals on electronic evidence in criminal matters, and mandates to start trilogue negotiations on the two proposals. The proposed new rules would allow law enforcement and judicial authorities to directly request (or temporarily secure) electronic data needed for investigating and prosecuting crime from electronic service providers operating in the EU (wherever the data is stored), and would impose an obligation on these service providers to appoint a legal representative for the purpose of gathering evidence and answering competent authorities' requests. This two-part legislative initiative is the result of an almost two-year process of reflection on how to better adapt criminal justice to the challenges of the digital age, with a specific focus on jurisdiction in cyberspace and access to electronic evidence. The initiative is part of a broader array of international efforts to improve the legal framework and address persistent legal uncertainty that affects law enforcement and private parties alike. First edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.

What if AI-powered passenger locator forms could help stop the spread of Covid-19?

21-12-2020

As decisions about who should get tested in an airport are important from public health and privacy perspectives, contact tracing and targeted testing based on AI-powered PLFs should be subject to thorough validation and accountability requirements so as to gain public trust and acceptance.

As decisions about who should get tested in an airport are important from public health and privacy perspectives, contact tracing and targeted testing based on AI-powered PLFs should be subject to thorough validation and accountability requirements so as to gain public trust and acceptance.

Geopolitical Aspects of Digital Trade

11-11-2020

This in-depth analysis discusses issues in trade in digitally deliverable services and the geopolitics of digital trade policy. Digitally deliverable services are becoming increasingly important for global value chains, both in terms of final products exported to other countries, and in terms of inputs embedded in manufactured goods. To harness the potential of digital trade in services, both the regulation of the digital means by which a service is traded and the regulation of the services themselves ...

This in-depth analysis discusses issues in trade in digitally deliverable services and the geopolitics of digital trade policy. Digitally deliverable services are becoming increasingly important for global value chains, both in terms of final products exported to other countries, and in terms of inputs embedded in manufactured goods. To harness the potential of digital trade in services, both the regulation of the digital means by which a service is traded and the regulation of the services themselves have to be accommodative. Digital trade policy is still in its infancy, and many challenges in terms of policy and measurement remain. Looking at regulation of data flows, the EU’s focus on privacy policy is incompatible with the laissez-faire approach pursued by the US administration and the political control of the internet by the Chinese government, limiting the potential for trade in digitally deliverable services and plurilateral agreements on digital trade. However, a number of other major economies are following similar approaches to the EU, which creates the potential for cooperation and intensifying trade in digital services. The EU should also increase its competitiveness in this strategically important services sector by completing the single market with respect to services and capital, and by strengthening research and development in digital technologies.

Autorzy zewnętrzni

Georgios PETROPOULOS, André SAPIR, Michele FINK, Niclas Frederic POITIERS, Dennis GÖRLICH

Directive on security of network and information systems (NIS Directive)

10-11-2020

Directive on security of network and information systems across the Union (Directive (EU) 2016/1148, NIS Directive) is the first horizontal EU cybersecurity legal act, which will be reviewed in 2020 with the aim to increase cybersecurity in the EU. The NIS Directive entered into force in August 2016 and Members States transposed it into national laws by 9 May 2018. The NIS Directive was designed to improve Member States' cybersecurity capabilities; the cooperation between Member States; and Member ...

Directive on security of network and information systems across the Union (Directive (EU) 2016/1148, NIS Directive) is the first horizontal EU cybersecurity legal act, which will be reviewed in 2020 with the aim to increase cybersecurity in the EU. The NIS Directive entered into force in August 2016 and Members States transposed it into national laws by 9 May 2018. The NIS Directive was designed to improve Member States' cybersecurity capabilities; the cooperation between Member States; and Member States' supervision of critical sectors. The Directive established a culture of risk management and incident reporting among key economic actors - operators providing essential services (OES) and Digital Service Providers (DSPs). The Directive also set out cooperation mechanisms, such as the NIS Cooperation Group and the network of national computer security incident response teams (CSIRTs).

The CJEU judgment in the Schrems II case

15-09-2020

In its July 2020 Schrems II judgment, the Court of Justice of the European Union (CJEU) declared the European Commission’s Privacy Shield Decision invalid on account of invasive US surveillance programmes, thereby making transfers of personal data on the basis of the Privacy Shield Decision illegal. Furthermore, the Court stipulated stricter requirements for the transfer of personal data based on standard contract clauses (SCCs). Data controllers or processors that intend to transfer data based on ...

In its July 2020 Schrems II judgment, the Court of Justice of the European Union (CJEU) declared the European Commission’s Privacy Shield Decision invalid on account of invasive US surveillance programmes, thereby making transfers of personal data on the basis of the Privacy Shield Decision illegal. Furthermore, the Court stipulated stricter requirements for the transfer of personal data based on standard contract clauses (SCCs). Data controllers or processors that intend to transfer data based on SCCs must ensure that the data subject is granted a level of protection essentially equivalent to that guaranteed by the General Data Protection Regulation (GDPR) and the EU Charter of Fundamental Rights (CFR) – if necessary with additional measures to compensate for lacunae in protection of third-country legal systems. Failing that, operators must suspend the transfer of personal data outside the EU.

Police Information Exchange - The future developments regarding Prüm and the API Directive

15-09-2020

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, aims to provide background information and policy recommendations concerning police information exchange and in particular the future developments regarding Prüm and the API Directive (Directive 2004/82/EC).

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, aims to provide background information and policy recommendations concerning police information exchange and in particular the future developments regarding Prüm and the API Directive (Directive 2004/82/EC).

Autorzy zewnętrzni

Dr Niovi VAVOULA, Queen Mary University of London

Lifting coronavirus restrictions: The role of therapeutics, testing, and contact-tracing apps

16-07-2020

In the absence of vaccines and treatments for Covid-19, any easing of restrictions to freedom of movement and social life needs to be accompanied by enhanced monitoring measures, such as expanded testing capacity and improved contact tracing, including use of appropriate digital technologies. There are very few certainties about the coronavirus pandemic, but perhaps one is that no isolated measure or silver-bullet solution is likely to solve all aspects of the crisis. A flexible and integrated strategy ...

In the absence of vaccines and treatments for Covid-19, any easing of restrictions to freedom of movement and social life needs to be accompanied by enhanced monitoring measures, such as expanded testing capacity and improved contact tracing, including use of appropriate digital technologies. There are very few certainties about the coronavirus pandemic, but perhaps one is that no isolated measure or silver-bullet solution is likely to solve all aspects of the crisis. A flexible and integrated strategy, based on complementary tools and measures (therapeutics, testing and contact tracing) and a coordinated approach across the EU are key to gradually lifting restrictions and to going back to the (new) normal.

Digital sovereignty for Europe

02-07-2020

There is growing concern that the citizens, businesses and Member States of the European Union (EU) are gradually losing control over their data, over their capacity for innovation, and over their ability to shape and enforce legislation in the digital environment. Against this background, support has been growing for a new policy approach designed to enhance Europe's strategic autonomy in the digital field. This would require the Union to update and adapt a number of its current legal, regulatory ...

There is growing concern that the citizens, businesses and Member States of the European Union (EU) are gradually losing control over their data, over their capacity for innovation, and over their ability to shape and enforce legislation in the digital environment. Against this background, support has been growing for a new policy approach designed to enhance Europe's strategic autonomy in the digital field. This would require the Union to update and adapt a number of its current legal, regulatory and financial instruments, and to promote more actively European values and principles in areas such as data protection, cybersecurity and ethically designed artificial intelligence (AI). This paper explains the context of the emerging quest for 'digital sovereignty', which the coronavirus pandemic now seems to have accelerated, and provides an overview of the measures currently being discussed and/or proposed to enhance European autonomy in the digital field.

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