Must I store my data locally? The free flow of non-personal data
No, a government may in principle not require you to store your non-personal data in a specific member state. Regulation (EU) 2018/1807 prohibits unjustified data localisation requirements within the EU.
Short answer: No, in principle not. Regulation (EU) 2018/1807 prohibits governments within the EU from requiring you to store or process your non-personal data in a specific member state. You may therefore host your systems and data freely anywhere in the EU, except in exceptional cases of public security.
What the prohibition covers
The regulation governs the free flow of non-personal data within the EU. Data localisation requirements, meaning rules that prescribe that data must remain on the territory of a particular member state, are prohibited.
- Who is bound: the prohibition is directed at governments and public bodies
of member states, not at private parties dealing with each other.
- The only exception: a localisation requirement is allowed only if it is
justified on grounds of public security and is proportionate.
- Non-personal data: think of machine data, sensor data, anonymised data,
freight information and business data that cannot be traced back to a natural person.
Free choice and cloud portability
Besides prohibiting localisation requirements, the regulation promotes the free choice of storage and processing location. It also encourages switching between providers through self-regulatory codes of conduct for data portability, so that you are not unnecessarily locked in to a single vendor.
Mixed datasets and the GDPR
In practice, datasets often contain both personal and non-personal data. In that case:
- Non-personal part: falls under Regulation 2018/1807 and the free flow rules.
- Personal part: remains fully subject to the GDPR. The requirements for
transfer and protection of personal data do not change.
- If the two are inextricably linked, the GDPR applies to the whole dataset.
What this means for logistics
You may host your transport and logistics systems, planning data, track-and-trace and operational business data freely within the EU without being forced to use a Dutch or other national storage location. Note, however, that on top of this regulation the Data Act rules apply to switching between cloud services (cloud switching). Keep this in mind in contracts with your cloud provider.
Read more: the Transport & Logistics overview. Take the scan.
Sources
- https://eur-lex.europa.eu/eli/reg/2018/1807/oj
Regulation (EU) 2018/1807: free flow of non-personal data.
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