Local view for "http://purl.org/linkedpolitics/eu/plenary/2012-02-15-Speech-3-611-000"

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"Mr President, the issue at stake here today is whether we can be certain that our own European laws always apply within Europe, or whether they could be overruled by third-country laws. The US, for example, considers that its jurisdiction does not only extend to activities and actors within the US, but also the activities of such actors elsewhere in the world. With that interpretation, US law has extra-territorial effect within Europe. The US, for example, can subpoena companies with a presence in the US to provide data stored in Europe. We have identified, in our oral questions, a number of laws that might have this effect – for example the Patriot Act, the Medicare Act on medical data and insurance data, the Foreign Intelligence and Surveillance Act, and the Foreign Account Tax Compliance Act (FATCA). However, data stored in Europe is covered by EU law and companies there have to comply with EU law. The Commission acknowledges this, but what action has actually been taken to protect companies that find themselves caught between conflicting jurisdictions? This problem does not only concern the extra-territorial effect from US law, but potentially from any other country. There are also other countries where European companies have a presence. For example, more and more companies have operations in China, and they, too, can be confronted with this problem. As a matter of fact, we are getting more confirmation nowadays that such companies are being confronted with this problem. This does not only concern EU data protection laws, as the title of today’s debate suggests, but all kinds of laws. FATCA, notably, raises strong concerns for European banks and insurers. Commissioner, we hope to discuss this matter soon in the Committee on Economic and Monetary Affairs with your colleague, Commissioner Barnier. I would urge you to act now. We do not need new legislation, but it is key that we enforce existing European legislation in the interests of our citizens and our companies."@en1
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