This study aims to present the current status of the legal framework in Romania and at European level, in four jurisdictions selected for this study, i.e. Italy, Hungary, Norway and Poland, on the legal regime and the manner in which oil and gas Upstream Data are handled, processed, modified, disclosed, transferred, altered by their owners / users (i.e. economic operators, licensees under petroleum concession agreements).
Further, the study presents the main advantages and disadvantages of the legislative approaches identified in the states mentioned above, and aims to identify potential any improvement areas in respect of the Romanian legislation, for the enhancement of the economic activity of the involved parties and support of investors in the upstream sector. References to previous public studies issued at European level are also made within this document.
Key findings:
- The tendency at European level is in the sense of removal / limitations of restrictions and barriers which exist at this moment in the member states of the EU with regard to the transfer, use, storage, processing and access of the data without personal character.
- Apart from Romania, out of the analysed member states, we have not identified territoriality requirements for data specific to the Upstream industry;
- In all the analysed states, the nature of the Upstream data is confidential, with several states including certain information in the public domain (the classification as „restricted information” (in Romanian, secret de serviciu) (was not identified in any of the states).
- In Romania, for the transfer of data it is necessary to obtain approval of ANRM, while in the majority of states it is sufficient to obtain the consent of the owner of the license. Hungary imposes the approval of the competent authority for the category entailing data used for justifying a decision issued by the authority.
- There is a consensus at European level that openness towards technology is necessary for the economy of the EU, leading to growth of the productivity, competition and even ensuring the continuance of certain industry fields. In this sense, the Non personal Data Regulation was adopted.
- Some member states within the EU begun to eliminate data localization restrictions (Estonia, Denmark).
