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Digital Single Market: Commission publishes guidance on free flow of non-personal data

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The European Commission published a new guidance on the interaction of free flow of non-personal data with the EU data protection rules.

As part of the Digital Single Market strategy, the new Regulation on the free flow of non-personal data, which has started to apply in the Member states, will allow data to be stored and processed everywhere in the EU without unjustified restrictions. Today’s guidance aims to help users – in particular small and medium-sized enterprises – understand the interaction between these new rules and the General Data Protection Regulation (GDPR) – especially when datasets are composed of both personal and non-personal data.

Vice-President for the Digital Single Market Andrus Ansip said: “By 2025 the data economy of the EU27 is likely to provide 5.4% of its GDP, equivalent to €544 billion. However, that huge potential is limited if data cannot move freely. By removing forced data localisation restrictions, we give more people and businesses the chance to make the most out of data and its opportunities. Today’s guidance will now give full clarity on how free-flow of non-personal data interacts with our strong personal data protection rules.

Commissioner for Digital Economy and Society Mariya Gabriel said: “Our economy is increasingly driven by data. With the regulation on the free flow of non-personal data and the General Data Protection Regulation, we have a comprehensive framework for a common European data space and the free movement of all data within the European Union. The guidance that we are publishing today will help businesses, especially small and medium-sized enterprises, to understand the interaction between the two regulations.”

Together with the General Data Protection Regulation (GDPR), which started to apply one year ago, the new Regulation on the free flow of non-personal data provides for a stable legal and business environment on data processing. The new Regulation prevents EU countries from putting laws in place that unjustifiably force data to be held solely inside national territory. It is the first of its kind in the world. The new rules increase legal certainty and trust for businesses and make it easier for SMEs and start-ups to develop new innovative services, to make use of the best offers of data processing services in the internal market, and to expand business across borders.

Today’s guidance gives practical examples on how the rules should be applied when a business is processing datasets composed of both personal and non-personal data. It also explains the concepts of personal and non-personal data, including mixed datasets; lists the principles of free movement of data and the prevention of data localisation requirements under both, the GDPR and the free flow of non-personal data Regulation; and covers the notion of data portability under the Regulation on the free flow of non-personal data. The guidance also includes the self-regulatory requirements set out in the two Regulations.

Background

The Commission presented the framework for the free flow of non-personal data in September 2017 as part of President Jean-Claude Juncker’s State of the Union address to unlock the full potential of the European Data Economy and the Digital Single Market strategy. The new Regulation applies since yesterday 28 May. As part of the new rules, the Commission was required to publish guidance on the interaction between this Regulation and the General Data Protection Regulation (GDPR), especially as regards datasets composed of both personal and non-personal data.

The free flow of non-personal data rules are in line with existing rules for the free movement and portability of personal data in the EU. They:

Ensure the free flow of data across borders: The new rules set a framework for data storing and processing across the EU, preventing data localisation restrictions. Member States will have to communicate any remaining or planned data localisation restrictions to the Commission, which in turn will assess if they are justifiable. The two Regulations will function together to enable the free flow of any data – personal and non-personal – thus creating a common European space for data. In the case of a mixed dataset, the GDPR provision guaranteeing free flow of personal data will apply to the personal data part of the set, and the free flow of non-personal data principle will apply to the non-personal part.

Ensure data availability for regulatory control: Public authorities will be able to access data for scrutiny and supervisory control wherever it is stored or processed in the EU. Member States may sanction users that do not provide upon request by a competent authority access to data stored in another Member State.

Encourage the development of codes of conduct for cloud services to facilitate switching between cloud service providers by the end of November 2019. This will make the market for cloud services more flexible and the data services in the EU more affordable.

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Africa-Europe Alliance: Two new financial guarantees under the EU External Investment Plan

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Today in the margins of the 2019 Africa Investment Forum in Johannesburg, South Africa, the European Commission signed two guarantee agreements with two Member States’ development finance institution: the Dutch ‘Financierings-Maatschappij voor Ontwikkelingslanden N.V’ (FMO) and the Italian ‘Cassa Depositi e Prestiti’ (CDP). These guarantee agreements are part of the implementation of the EU External Investment Plan, the financial arm of the Africa-Europe Alliance for Sustainable Investment and Jobs.

Commissioner for International Cooperation and Development, Neven Mimica said: “The agreements signed today, worth €70 million, will help us to unlock more than €500 million in new investment in Africa and the EU Neighbourhood. These guarantees aim at mitigating and sharing the risk with other private investors in countries where otherwise these investments would not be as attractive. They will help to boost access to finance for small businesses, notably in the tech sector – and create up to 175,000 jobs directly and indirectly.”

Two guarantees, one goal: more investment in partner countries

The two guarantees will significantly boost investment and access to finance for small businesses (MSMEs), especially in the technology sector, in the countries covered by the Plan.

FMO Ventures Programme
This €40 million guarantee agreement is a partnership with FMO, the Dutch development bank. It targets Sub-Saharan Africa and the EU Neighbourhood. It will guarantee venture capital provided by FMO to start-up companies, in particular led by young entrepreneurs. The companies will use technology to lower the costs of making or supplying products and services that were previously unaffordable to many people. The guarantee will target companies offering digital solutions in a wide range of areas, from agriculture, access to energy and financial services to education, healthcare, transport and logistics. It will support up to 125,000 new jobs, directly and indirectly.

Archipelagos One4A – One Platform for Africa
The €30 million Archipelagos guarantee agreement is a partnership with Cassa Depositi e Prestiti (CDP), the Italian Development Bank, and the African Development Bank (AfDB). It will support access to finance across Africa for high potential small businesses. In order to help their growth, the programme supported by the guarantee will provide financing through innovative capital markets solutions. It will also enable financing partners to share the risk of investing in projects. By doing so it will generate up to 50,000 jobs, many for young people, and benefit about 1,500 small businesses in 10 African countries.

These guarantees are part of the External Investment Plan, which, by investing €4.5 billion, is set to leverage €44 billion in total investment. Out of the total budget, the EU has already allocated €4.2 billion.

Background

The EU External Investment Plan is using €4.5 billion in public funds to leverage €44 billion by 2020 in public and private investment for development in countries neighbouring the EU and in Africa.

The plan has three pillars. The first is finance. Through financial guarantees, the EU mitigates the risk in countries with difficult environments so that private investors and development banks will lend to entrepreneurs or finance development projects.

The plan’s second part is technical assistance. This funds experts who help develop new projects, to the benefit of will authorities, investors and companies. Technical assistance may include, for example, market intelligence and investment climate analysis, targeted legislative and regulatory advice, support to partner countries in implementing reforms, chains and identification, preparation, and help to carry out necessary investments.

The third part is investment climate support. The EU works closely with governments in partner countries to help them improve the conditions which investors consider when making their decisions. These include the business environment and a country’s political and economic stability. The EU also brings together governments and business to discuss investment challenges.

The External Investment Plan is a key part of the Africa-Europe Alliance for Sustainable Investment and Jobs, launched by European Commission President Jean-Claude Juncker in September 2018. The Alliance aims to boost investment which creates jobs and promotes sustainable development.

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EU delivers on stronger European Border and Coast Guard to support Member States

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Today, the Council has officially adopted the Commission’s proposal to reinforce the European Border and Coast Guard. The European Border and Coast Guard Agency will have a standing corps of 10,000 border guards, a stronger mandate on returns and will also be able to cooperate more closely with non-EU countries, including those beyond the EU’s immediate neighbourhood. This will give the Agency the right level of ambition to respond to the challenges facing Europe in managing migration and its external borders.

Welcoming today’s final adoption, First Vice-President Frans Timmermans and Commissioner for Home Affairs, Migration and Citizenship Dimitris Avramopoulos said:

“Today the European Union has achieved an ambitious task of transforming the EU border agency, Frontex, into a fully-fledged European Border and Coast Guard. This Agency will be equipped to offer tangible support to Member States to manage the EU’s external border – wherever and whenever needed.

From less than 300 border guards on the ground in 2014, the European Border and Coast Guard is now deploying around 1,300 officers and will soon have a 10,000-strong standing corps available for deployment. This is a collective achievement, which would not have been possible without strong political support for a common approach.

The European Border and Coast Guard is now stronger than ever. While Member States will remain responsible for the management of external borders, the standing corps will provide unprecedented operational support on the ground. Its officers will be able to assist national border guards in conducting identity and document checks, with border surveillance and return operations.

The Agency will also provide support beyond the EU’s borders. With European Border and Coast Guard officers already deployed in Albania and soon in other Western Balkan countries also, the Agency will be able to cooperate with third countries beyond the EU’s immediate neighbourhood.

We have spared no effort to make sure that Member States have the necessary tools to protect their borders and ensure the security of European citizens.

But our work is not yet done. The Commission will now provide its full support to help the Agency quickly take up its new tasks and ensure the standing corps swiftly reaches its full capacity of 10,000 border guards.”

Next steps

The European Parliament and the Council will now jointly sign the final text. The text will then be published in the Official Journal of the European Union and the European Border and Coast Guard’s reinforced mandate will enter into force 20 days later. The new European Border and Coast Guard standing corps will be ready for deployment from 2021, and will then gradually reach its full capacity of 10,000 border guards.

Background

The European Border and Coast Guard consists of Member States’ authorities responsible for border management and return, and of the European Border and Coast Guard Agency. It was established in 2016, building on the existing structures of Frontex, to meet the new challenges and political realities faced by the EU, both as regards migration and internal security. The reliance on voluntary contributions of staff and equipment by Member States has however resulted in persistent gaps affecting the efficiency of the support the European Border and Coast Guard Agency could offer.

In his 2018 State of the Union Address President Juncker announced that the Commission will reinforce the European Border and Coast Guard even further. The objective of this upgrade was to equip the Agency with a standing corps of 10,000 border guards and to provide the agency with its own equipment to allow it to respond to challenges as they arise. The European Parliament and the Council reached a political agreement on the Commission’s proposal on 28 March 2019. With the last step completed in the Council today, both institutions have now formally adopted the text.

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EU-Singapore agreement to enter into force on 21 November 2019

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EU Member States today endorsed the trade agreement between the EU and Singapore. This means the agreement will enter into force as soon as 21 November.

President of the European Commission Jean-Claude Juncker said: “This is the European Union’s first bilateral trade agreement with a Southeast Asian country, a building block towards a closer relationship between Europe and one of the most dynamic regions in the world. It crowns the efforts of this Commission to build a network of partners committed to open, fair and rules based trade. Trade has created 5 million new jobs in the EU since I took office in 2014, and now contributes to the employment of 36 million people. This, together with the fact that it accounts for 35% of the EU GDP, shows how critical trade is for Europe’s prosperity.”

Commissioner for Trade Cecilia Malmström said: “Our trade agreement with Singapore provides further evidence of our commitment to fair and rules-based trade. The agreement will benefit workers, farmers and companies of all sizes, both here and in Singapore. It also includes strong clauses protecting human and labour rights and the environment. This agreement means that in the last five years we have put in place 16 EU trade deals. This brings the total to 42 trade agreements with 73 partners, accounting for a third of total EU trade. This is the largest such network in the world.”

Singapore is by far the EU’s largest trading partner in the Southeast Asian region, with a total bilateral trade in goods of over €53 billion and another €51 billion of trade in services. Over 10,000 EU companies are established in Singapore and use it as a hub for the whole Pacific region. Singapore is also the number one location for European investment in Asia, with investment between the EU and Singapore growing rapidly in recent years: combined bilateral investment stocks reached €344 billion in 2017.

Under the trade agreement, Singapore will remove all remaining tariffs on EU products. The agreement also provides new opportunities for EU services’ providers, among others in sectors such as telecommunications, environmental services, engineering, computing and maritime transport. It will also make the business environment more predictable. The agreement will also enable legal protection for 138* iconic European food and drink products, known as Geographical Indications. Singapore is already the third largest destination for such European specialty products. Singapore also agreed to remove obstacles to trade besides tariffs in key sectors, for instance by recognising the EU’s safety tests for cars and many electronic appliances or by accepting labels that EU companies use for textiles.

The EU and Singapore have also concluded an investment protection agreement, which can enter into force after it has been ratified by all EU Member States according to their own national procedures.

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