Related Articles

Briefing – European Union data challenge – 28-07-2021

The exponential growth and importance of data generated in industrial settings have attracted the attention of policymakers aiming to create a suitable legal framework for its use. While the term ‘industrial data’ has no clear definition, such data possess certain distinctive characteristics: they are a subset of big data collected in a structured manner and within industrial settings; they are frequently proprietary and contain various types of sensitive data. The GDPR rules remain of great relevance for such data, as personal data is difficult to be filtered out from mixed datasets and anonymisation techniques are not always effective. The current and planned rules relevant for B2B sharing of industrial data exhibit many shortcomings. They lack clarity on key issues (e.g. mixed datasets), increase the administrative burden for companies, yet not always provide the data protection that businesses need. They do not provide an additional value proposition for B2B data sharing and hinder it in some cases. While this situation warrants policy intervention, both the instrument and its content should be carefully considered. Instead of a legal instrument, soft law could clarify the existing rules; model terms and conditions could be developed and promoted and data standardisation and interoperability efforts supported.

Source : © European Union, 2021 – EP

Briefing – Understanding delegated and implementing acts – 07-07-2021

Law-making by the executive is a phenomenon that exists not only in the European Union (EU) but also in its Member States, as well as in other Western liberal democracies. Many national legal systems differentiate between delegated legislation − adopted by the executive and having the same legal force as parliamentary legislation − and purely executive acts −aimed at implementing parliamentary legislation, but that may neither supplement nor modify it. In the EU, the distinction between delegated acts and implementing acts was introduced by the Treaty of Lisbon. The distinction, laid down in Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFEU), seems clear only at first sight. Delegated acts are defined as non-legislative acts of general application, adopted by the European Commission on the basis of a delegation contained in a legislative act. They may supplement or amend the basic act, but only as to non-essential aspects of the policy area. In contrast, implementing acts are not defined as to their legal nature, but to their purpose − where uniform conditions for implementing legally binding Union acts are needed. Under no circumstances may an implementing act modify anything in the basic act. Delegated acts differ from implementing acts in particular with regard to the procedural aspects of their adoption − the former after consulting Member States’ experts, but their view is not binding; the latter in the comitology procedure, where experts designated by the Member States, sitting on specialised committees, can object to a draft implementing act. In the case of delegated acts, however, the Parliament and Council can introduce, in the delegation itself, a right to object to a draft act or even to revoke the delegation altogether. Both delegated and implementing acts are subject to judicial review by the Court of Justice of the EU which controls their conformity with the basic act.

Source : © European Union, 2021 – EP

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