10. Telecommunications and data regulation, changes imposed by Directive (EU) 2019/1937

CONCLUSIONS OF THE OPINION: Telecommunications and data regulations, amendments imposed by Directive (EU) 2019/1937. The amendments to the European technology and data regulations brought about by the Directive are examined.FIRST.- All data are free, and they are a contribution to the single market; some of them even have the obligation to be available to everyone. Only some of them will have the category of personal data, which will be regulated at a higher level, that of its Regulation.

SECOND.- In June 2017 the EU strengthened its response by establishing a framework for a joint EU diplomatic response to malicious computer activities, the so-called “Cyber-diplomacy toolbox”, and has already applied it against companies and individuals who have attacked the Union.

THIRD.- Essential service operators and digital service providers have an obligation to resolve security incidents that affect them, as well as an obligation to seek specialist help, including from the reference CSIRT, when they are unable to resolve the incidents themselves.

FOURTH.- In telecommunications and data the influence of Directive 2019/1937 goes far beyond what national legislators could ever suspect. The desire of the citizen to control his institutions is a natural consequence, together with the protection of the citizen.

FIFTH.- The European Regulation on Non-Personal Data is based on the idea that only those data that cannot be otherwise are personal data. The data or processing that contains both types of data or that has both characteristics must be processed previously before being classified as personal data.

SIXTH.- One of the objectives of the European Regulation on Non-Personal Data is to improve competition between cloud service providers in the European Union and to make the data market more flexible and to liberalize non-personal data by establishing a single framework for action that goes beyond national legislation.

SEVENTH.– In the case of personal data of a law enforcement nature, Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals regarding the processing of personal data by the competent authorities for the purpose of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties and on the free movement of such data must also be complied with.