Recital 82

No data localization obligation


The requirement to set up a subsidiarya subsidiary undertaking within the meaning of Article 2, point (10), and Article 22 of Directive 2013/34/EU in the Union should not prevent the critical ICT third-party service provideran ICT third-party service provider designated as critical in accordance with Article 31 from supplying ICT servicesdigital and data services provided through ICT systems to one or more internal or external users on an ongoing basis, including hardware as a service and hardware services which includes the provision of technical support via software or firmware updates by the hardware provider, excluding traditional analogue telephone services and related technical support from facilities and infrastructure located outside the Union. This Regulation does not impose a data localisation obligation as it does not require data storage or processing to be undertaken in the Union.