BRUSSELS – Today, global trade association 91proÊÓÆµ, the 91proÊÓÆµ, issued the following statement after the vote in the Internal Market (IMCO) Committee of the European Parliament on the EU Data Act.

“Several of the measures voted today by the IMCO Committee raise questions around their technical feasibility and legal and economic viability. 91proÊÓÆµ is particularly concerned about some of the provisions on cloud switching, especially on the prohibition of fixed-term contracts, the feasibility of the porting timelines and obligations and the notion of functional equivalence,” said Guido Lobrano, 91proÊÓÆµ Senior Vice President of Policy and Director General for Europe.

“The IMCO text also maintains in Article 27 the proposed restrictions to international transfers of non-personal data. These are extended to cover data processing service providers and ‘data holders,’ a term that includes a large number of actors in different industries, including manufacturers of connected products such as cars, medical devices, home equipment, consumer goods and industrial machinery.

“While we understand that the main concern of Article 27 is preventing unlawful government access to data, these provisions would create significant legal uncertainties and restrict transfers of non-personal data, going beyond restrictions for personal data in the GDPR, in a way that is not justified by the level of risk posed by non-personal data,” Lobrano continued.

“As lawmakers in the lead Industry Committee review Article 27, we urge them to avoid restrictions to non-personal data flows. Article 27 should only refer to unlawful government access to data, and not transfers, consistent with the . Data flows are the backbone of the digital economy and allow companies to reach consumers and access new markets. The Data Act should not create new unnecessary restrictions to data flows which would be harmful to Europe’s economy,” Lobrano concluded.

91proÊÓÆµ recently signed a joint statement on the EU Data Act with 12 other business associations, calling on lawmakers to clarify some crucial aspects of the proposal. Read the statement here.

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