Digital Single Market From Open Data to the Free Flow of Data in the Digital Single Market W3C Day in Spain – 26 May 2016 Szymon Lewandowski, Data Value Chain Unit, DG CONNECT, European Commission

2011 Communication on Open Data (COM(2011)882)COM(2011) Launch of the EU Institutions' portal Adoption of the Directive (2013/37/EU) amending the PSI Directive2013/37/EU 2014 Commission Notice: guidelines on PSI re-use (2014/C 240/01)2014/C 240/01 Commission Communication 'Towards a thriving Data-Driven Economy' 2015 Adoption of Digital Single Market Strategy: April 2015 Launch of pan-European Data portal:

Challenge: Opening Public Sector Information (PSI) for wide re-use  Information produced and collected by the public sector can benefit EU citizens and businesses when made available as open data (innovation, transparency, savings)  Directive 2003/98/EC and its revision 2013/37/EU on the re- use of public sector information (transposition in Member States almost complete): creation of a genuine right to re-use public information new charging rules making PSI cheaper or free Promotion of open licensing (e.g. CC) Promotion of machine-readable formats Inclusion of content from the cultural domain

Big Data reinforces Open Data actions Source: WISE study, 2014

Digital Single Market

Digital Single Market Strategy – Free Flow of Data (I) Main actions: Tackling data location restrictions Launching a European Cloud initiative Clarifying emerging issues of data ownership, access and liability Encouraging access to public data (ongoing)

Digital Single Market Public consultation on platforms, data and cloud, Dec main findings 1. Data access, ownership and transfer Businesses mostly view the current legal framework positively. They stress the importance of contractual freedom as regards 'ownership' and tend to favor soft-law measures Citizens and consumer groups support the need for legal clarity and voice doubts if the current legal setup (based on contracts) is fully fit for purpose Many respondents indicated difficulties in distinguishing between personal and non-personal data 7

Digital Single Market Main findings 2. Data location restrictions Data location restrictions are affecting the use of data services and business strategies They can act as a barrier to the development of the data economy and the competitiveness of industry in Europe and there is a need for action There are nevertheless justifiable grounds for some data location restrictions, under strict rules (e.g. national and public security) 8

Digital Single Market Main findings 3. Liability Respondents encountered/anticipate problems due to an unclear liability regime in relation to data and IoT The legal framework is not found satisfactory including as regards Contract law It has impacted the use of IoT and data services, and users' trust There is need for action 9

Digital Single Market Main findings 4. Interoperability and portability Action to facilitate interoperability and switching of provider can have economic benefits and improve users' trust Respondents tend to favor a self-regulatory approach Some businesses tend to consider interoperability and portability as a competitive differentiator 10

Digital Single Market Implications of Barriers to Free Flow Rules on data location limit cloud service offer Lack of clarity and predictability on rules that apply Different national and sectorial rules/practices leading to market fragmentation Costs of entry to the market and costs to implement new technologies Current legal framework is complex and may slow down fast evolving technologies 11

Digital Single Market Next steps Alternative policy options are explored, without prejudice to the final decision of the Commission: Legislative instrument (improvement of existing instrument(s) or creation of a new one) Soft-law approach (Recommendation or Communication) Co-/Self-regulation approach (Guidance or model contracts) Mixed approach v. common approach for data location restrictions and emerging issues Impact analysis, studies and further stakeholder consultations under way (e.g. European Data Forum, Eindhoven June) 12

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