Read this quarter’s Intermedia here



Share this

By Cathal Flynn

On 19 September 2017, the European Commission published a proposal for a new regulation prohibiting mandatory localisation requirements for non-personal data in the EU.1 The importance of this proposal to achieving a competitive data economy in Europe is reflected by the member states’ decision to prioritise it for legislation. On 19 December 2017, the European Council published a revised text of the proposal2 and decided on a mandate to begin negotiations with the European Parliament as soon as possible.
Despite the significance attached to it, there are a number of shortcomings to this legislative initiative. First, the Commission has failed to make a convincing case for legislating on the free flow of non-personal data in the EU. The key premise underpinning the draft regulation is that mandatory data localisation restrictions are unduly hindering cross-border data flows at a significant cost to the information and communications industry (ICT) sector and wider European economy. The Commission has failed, however, to adequately identify the nature and scale of this problem in its impact assessment of the regulation.


The EU legislator has proposed banning mandatory non-personal data localisation to help unlock the data economy. While facilitating the free flow of such data within the EU is laudable, the proposal has a number of shortcomings, writes CATHAL FLYNN.

Intermedia Issue:
Vol 45, Issue 04
Issue Date:
December 2017
Privacy, Safety, Security
Cathal Flynn Cathal Flynn Specialist in communications regulation in tech and comms, Bird & Bird

Vol 45, Issue 04 Features

EDITORIAL 13.12.2017 Marc Beishon
MEETING IN THE HEART OF EUROPE 13.12.2017 Marc Beishon
GOING FOR AN ASIA-PACIFIC AGENDA 13.12.2017 Mari Pangestu Peter Lovelock (Dr)
View All
Back to the top

The IIC is the world's only policy debating platform for the converged communications industry

We give innovators and regulators a forum in which to explore, debate and agree the best policies and regulatory frameworks for widest societal benefit.

Insight: Exchange: Influence

We give members a voice through conferences, symposiums and private meetings, as well as broad exposure of their differing viewpoints through articles, reports and interviews.

The new website will make it easier for you to gather fresh insights, exchange views with others and have a voice in the debate

Take a look Learn more about our updates
Please upgrade your browser

You are seeing this because you are using a browser that is not supported. The International Institute of Communications website is built using modern technology and standards. We recommend upgrading your browser with one of the following to properly view our website:

Windows Mac

Please note that this is not an exhaustive list of browsers. We also do not intend to recommend a particular manufacturer's browser over another's; only to suggest upgrading to a browser version that is compliant with current standards to give you the best and most secure browsing experience.