BEREC response to the European Commission’s Digital Fitness Check with a focus on cloud-related provisions under the Data Act

BEREC welcomes the opportunity to contribute to the European Commission’s Digital Fitness Check which aims to ensure that the EU’s digital rules are effective, proportionate and fit for the future, by assessing “how different laws work together, identifying synergies, good practices, and any remaining gaps, overlaps and inconsistencies”.

BEREC’s response specifically focuses on the cloud-related provisions under the Data Act. Nevertheless, BEREC acknowledges the wider scope of the Digital Fitness Check encompassing all EU’s digital rules. BEREC has reflected on the interplay amongst the different EU digital legislations and underlined the importance of those being applied in a coherent and efficient manner avoiding unnecessary red tape for the stakeholders. Along these lines, BEREC has sustained that the institutional set-up should aim at facilitating regulatory enforcement. Regulatory consistency and harmonisation should be promoted and coordination among all public bodies involved must be ensured to safeguard the mentioned coherence, providing clear and consistent guidelines to the users and providers, facilitate compliance and allow the necessary regulatory dialogue to enable competent authorities to adopt a uniform approach fostering legal certainty, regulatory simplification and further efficiency in the implementation of their policies.

Against this backdrop, BEREC strongly welcomes this initiative and looks forward to contributing to it along the process supporting the considerations for in-depth analysis including, inter alia, the coherence between specific legal notions such as definitions or governance matters.