been published in the so-called Archiefregeling. This regulation exist, or might exist, including associations among these things (ISO ). (Archiefbesluit ) and the Public Records Regulation (Archiefregeling ) include requirements for the management and. retention. the Archiefwet , the Archiefbesluit and the Archiefregeling does not apply. That is important to notice because these laws state.

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Together with the GDPR, the archieffegeling would put in place a comprehensive and consistent EU framework enabling free movement of data in the EU single market as well as movement of data between data cloud service providers and in-house IT systems. Resolving these issues will facilitate the movement of data across borders, across data storage and processing cloud services CSPs 2 as well as between CSPs and in-house IT systems 3.

The European Parliament is also a strong supporter of free flow of data: Sub-option archiefregelinb would rely on self-regulation by industry through the development of codes of conduct for facilitating switching between providers.

The increase of switching requirements is likely to lead to a regulatory burden and compliance costs on the service provider. Making use of the Better Regulation toolbox 23the Commission services conducted an extensive analysis of the core problem and its drivers.

This lack of trust has two important pillars. Introducing the principle of switching cloud services providers in sectoral legislation would mean amending a large amount of legislation, and this has not been deemed feasible.

Question Response – Data Location & Access Restriction

Furthermore, security concerns by Member States are largely unfounded. In addition, CSPs spend much more time and effort on security to be compliant with certain certification qrchiefregeling as to meet customer expectations and favour demand. It would recall that any existing security requirements for companies will continue to apply to them, regardless the location in the EU where their data is stored or processed and also when this is subject to outsourcing to a cloud service provider.

Additionally, the at least equally important problem of market dynamics 209 from a lack of knowledge by operators of the correct legal situation concerning data localisation restrictions or on implicit localisation restrictions would be addressed by the awareness raising action foreseen, effectively mitigating legal uncertainty and lack of trust.


Through inaction, it would mean a missed chance in terms of improving the environmental footprint of data centres. Discarded options are also mentioned.

This has to do with the arcyiefregeling of the costs and its apportioning between the “sending” and “receiving” side. Having a single privacy and security model and having everyone on the same version makes it easier to protect data, add new functionality, and reduces complexity enhancing ease of use for customers”.

This would provide for better functioning of market forces to yield easier switching and porting data for customers.

Analysis of the written inputs to the public consultation indicates that some stakeholders are concerned about the introduction of a right to data portability for any kind of data held by a company. It will create the foundation upon which future cross-cutting e.

It focuses on enhancing trust through enhanced cyber resilience levels of cloud services in Europe.

EUR-Lex Access to European Union law

Issues at stake here are, for example, the costs of data transfer in the case of termination of contract or what will happen with the data when the service provider ceases to exist as a result of e. Possibility to solve the problem under the existing framework s.

If those restrictions would not have been of concern, actors would have been able to base their decisions acrhiefregeling different parameters such as energy prices, land prices or the envisaged environmental footprint of data centres in a certain location. However, relying completely on market archiferegeling to introduce such conditions could constitute a lack of guidance and therefore cause disproportionately dominant market positions for large tech companies.

Hence, this archiffregeling would ensure the effective removal of existing unjustified localisation restrictions, and the avoidance of future ones.

Vendor lock-in actions by cloud service providers constitute a form of data localisation restrictions imposed by the private sector, targeting more specifically data mobility across IT-systems instead of data mobility across borders in the EU. Indeed, when it comes to potential actions to make more data available for re-use across businesses, most stakeholders call for prudence.


Option 0 does not foresee any type of cooperation mechanism or legislative action so it is likely to reiterate some of the problems highlighted in section 2 concerning the causes and effects of lack of trust.

Worse, they may continue to enact new ones.

A software as a service provider specialising in integrated solutions for universities has reported that some of their partner universities “believe” that laws applicable to them force them to keep data in their respective countries. They did so by means of the online public consultation, during the structured dialogues organised by the Commission or archeifregeling submitting position papers for scrutiny. Inherently, data ‘travels’ across cross-border value chains, where it is generated, collected, curated, processed and analysed, transferred and stored.

National governments are not the only type of actor capable of raising them.

However, in the European Union the possibility to build a data economy and to benefit from new technologies which rely on data 22 is undermined by a series of barriers to data mobility, impacting business behaviour in the Single Market. Figure 4 — Intervention logic of the initiative. In general, a free flow of data has positive environmental impactsbecause it will allow cloud service providers to locate their data centres in locations where there are substantive energy efficiency gains to operate such infrastructures.

This is disproportionately burdensome for small companies such as start-ups and SMEs. It contributes to the EU’s commitment to an open Internet This is because many provisions would have to be modified with the data issue in mind, meaning that such revision would go beyond mere technical adaptation.

In several countries, only data centre services that offer rachiefregeling lowest added value are available e.