Assessing Data Localisation Requirements under Free Flow of Non-Personal Data in the Spanish Report for the European Commission

Abstract

This paper contextualises and describes the Spanish report for the European Commission, issued in individual authorship, on the adequacy of data localisation requirements to the duties arising from the free flow of nonpersonal data, under the study ‘Supporting the evaluation of the Free Flow of Non-Personal Data Regulation, Open Data Directive and Data Governance Act’. Therefore, the paper discusses the Spanish regulation on data localisation requirements under European Law, as well as regulatory barriers advised by the European Commission in 2017. The purpose of this legal analysis is to properly assess the Transparency Resolutions of the Spanish Data Protection Agency, on data localisation requirements in the 2020-2025 period, with regard to the free flow of non-personal data duties and the avoidance of regulatory barriers.