### 1. the coordinating authority of establishment shall have the power to request the competent judicial authority of the member state that designated it or another independent administrative authority of that member state to issue a detection order requiring a provider of hosting services or a provider of interpersonal communications services under the jurisdiction of that member state to take the measures specified in article 10 to detect online child sexual abuse on a specific service. ### 1. the coordinating authority of establishment shall have the power , as a last resort , when all the measures in article 3 , 4 and 5 have been exhausted , to request the competent judicial authority of the member state that designated it or another independent administrative authority of that member state to issue , for a limited time and for the sole purpose of detecting known child sexual abuse material , a detection order requiring a provider of hosting services excluding cloud computing services , or a provider of number-independent interpersonal communications services under the jurisdiction of that member state to take the measures specified in article 10 to detect known child sexual abuse on a specific service or relating to specific users or groups of users. the detection order shall be limited to the information identified in the order , allow the service provider to fulfill it without the need to carry out an independent assessment of that content and search and removal can be carried out by reliable automated tools. the detection order shall be directed to the providers of hosting services , excluding cloud computing services , and number-independent interpersonal communications services that can reasonably be expected to have the technical and operational ability to act.


### (36) given the impact on the rights of victims depicted in such known child sexual abuse material and the typical ability of providers of hosting services to limit that impact by helping ensure that the material is no longer available on their services , those providers should assist victims who request the removal or disabling of access of the material in question. that assistance should remain limited to what can reasonably be asked from the provider concerned under the given circumstances , having regard to factors such as the content and scope of the request , the steps needed to locate the items of known child sexual abuse material concerned and the means available to the provider. the assistance could consist , for example , of helping to locate the items , carrying out checks and removing or disabling access to the items. considering that carrying out the activities needed to obtain such removal or disabling of access can be painful or even traumatic as well as complex , victims should also have the right to be assisted by the eu centre in this regard , via the coordinating authorities. ### (36) given the impact on the rights of victims depicted in such known child sexual abuse material and the typical ability of providers of hosting services to limit that impact by helping ensure that the material is no longer available on their services , those providers should assist victims who request the removal or disabling of access of the material in question. that assistance should remain limited to what can reasonably be asked from the provider concerned under the given circumstances , having regard to factors such as the content and scope of the request , the steps needed to locate the items of known child sexual abuse material concerned and the means available to the provider. the assistance could consist , for example , of helping to locate the items , carrying out checks and removing or disabling access to the items. considering that carrying out the activities needed to obtain such removal or disabling of access can be painful or even traumatic as well as complex , victims should also have the right to receive free immediate psychological support or support of any other professionals and to be assisted by the eu centre in this regard , via the coordinating authorities.


### (37) to ensure the efficient management of such victim support functions , victims should be allowed to contact and rely on the coordinating authority that is most accessible to them , which should channel all communications between victims and the eu centre. ### (37) to ensure the efficient management of such victim support functions , victims should be well informed about the existence of such centres and be allowed to contact and rely on the coordinating authority that is most accessible to them , which should channel all communications between victims and the eu centre.


### (38) for the purpose of facilitating the exercise of the victims’ right to information and of assistance and support for removal or disabling of access , victims should be allowed to indicate the relevant item or items of child sexual abuse material in respect of which they are seeking to obtain information or removal or disabling of access either by means of providing the image or images or the video or videos themselves , or by means of providing the uniform resource locators leading to the specific item or items of child sexual abuse material , or by means of any other representation allowing for the unequivocal identification of the item or items in question. ### (38) for the purpose of facilitating the exercise of the victims’ right to information and of assistance and support for fast removal or disabling of access , as well as the necessary measures to ensure any other materials of similar nature would not appear in the future. victims should be allowed to indicate the relevant item or items of child sexual abuse material in respect of which they are seeking to obtain information or removal or disabling of access either by means of providing the image or images or the video or videos themselves , or by means of providing the uniform resource locators leading to the specific item or items of child sexual abuse material , or by means of any other representation allowing for the unequivocal identification of the item or items in question.


### (60) in the interest of legal certainty and effectiveness , the tasks of the eu centre should be listed in a clear and comprehensive manner. with a view to ensuring the proper implementation of this regulation , those tasks should relate in particular to the facilitation of the detection , reporting and blocking obligations imposed on providers of hosting services , providers of publicly available interpersonal communications services and providers of internet access services. however , for that same reason , the eu centre should also be charged with certain other tasks , notably those relating to the implementation of the risk assessment and mitigation obligations of providers of relevant information society services , the removal of or disabling of access to child sexual abuse material by providers of hosting services , the provision of assistance to coordinating authorities , as well as the generation and sharing of knowledge and expertise related to online child sexual abuse. ### (60) in the interest of legal certainty and effectiveness , the tasks of the eu centre should be listed in a clear and comprehensive manner. with a view to ensuring the proper implementation of this regulation , those tasks should relate in particular to the facilitation of the detection , reporting and blocking obligations imposed on providers of hosting services , providers of publicly available interpersonal communications services and providers of internet access services. however , for that same reason , the eu centre should also be charged with certain other tasks , notably those relating to the implementation of the risk assessment and mitigation obligations of providers of relevant information society services , monitoring of internet forums , the removal of or disabling of access to child sexual abuse material as well as preventing reappearance of such materials by providers of hosting services , the provision of assistance to coordinating authorities , as well as the generation of research and sharing of knowledge and expertise related to online child sexual abuse , including on successful initiatives and good practices on digital skills and competences , including media literacy.


### (62) for the system established by this regulation to function properly , the eu centre should be charged with creating databases for each of those three types of online child sexual abuse , and with maintaining and operating those databases. for accountability purposes and to allow for corrections where needed , it should keep records of the submissions and the process used for the generation of the indicators. ### (62) for the system established by this regulation to function properly , the eu centre should be charged with creating databases for each type of online child sexual abuse , and with maintaining and operating those databases. for accountability purposes and to allow for corrections where needed , it should keep records of the submissions and the process used for the generation of the indicators.


### (65) in order to avoid erroneous reporting of online child sexual abuse under this regulation and to allow law enforcement authorities to focus on their core investigatory tasks , reports should pass through the eu centre. the eu centre should assess those reports in order to identify those that are manifestly unfounded , that is , where it is immediately evident , without any substantive legal or factual analysis , that the reported activities do not constitute online child sexual abuse. where the report is manifestly unfounded , the eu centre should provide feedback to the reporting provider of hosting services or provider of publicly available interpersonal communications services in order to allow for improvements in the technologies and processes used and for other appropriate steps , such as reinstating material wrongly removed. as every report could be an important means to investigate and prosecute the child sexual abuse offences concerned and to rescue the victim of the abuse , reports should be processed as quickly as possible. ### (65) in order to avoid erroneous reporting of online child sexual abuse under this regulation and to allow law enforcement authorities to focus on their core investigatory tasks , reports should pass through the eu centre. the eu centre should immediately assess all reports in order to identify those that are manifestly unfounded , that is , where it is immediately evident , without any substantive legal or factual analysis , that the reported activities do not constitute online child sexual abuse. where the report is manifestly unfounded , the eu centre should provide official feedback to the reporting provider of hosting services or provider of publicly available interpersonal communications services in order to allow for improvements in the technologies and processes used and for other appropriate steps , such as reinstating material wrongly removed. as every report could be an important means to investigate and prosecute the child sexual abuse offences concerned and to rescue the victim of the abuse , reports should be processed as quickly as possible.


### (74) in view of the need for technical expertise in order to perform its tasks , in particular the task of providing a list of technologies that can be used for detection , the eu centre should have a technology committee composed of experts with advisory function. the technology committee may , in particular , provide expertise to support the work of the eu centre , within the scope of its mandate , with respect to matters related to detection of online child sexual abuse , to support the eu centre in contributing to a high level of technical standards and safeguards in detection technology. ### (74) (74) in view of the essential need for technical expertise in order to perform its tasks , in particular the task of providing a list of technologies , including software , that can be used for fast detection , the eu centre should have a technology committee composed of experts with advisory function , which should take into account member states' experience and their achievements. the technology committee may , in particular , provide expertise to support the work of the eu centre , within the scope of its mandate , with respect to matters related to detection of online child sexual abuse , to support the eu centre in contributing to a high level of technical standards and safeguards in detection technology.


### ‘online child sexual abuse’ means the online dissemination of child sexual abuse material and the solicitation of children; ### ‘online child sexual abuse’ means the online dissemination of child sexual abuse material and the solicitation of children with the intention of violence/sexual abuse;


### persons residing in the union shall have the right to receive , upon their request , from the coordinating authority designated by the member state where they reside , information regarding any instances where the dissemination of known child sexual abuse material depicting them is reported to the eu centre pursuant to article 12. persons with disabilities shall have the right to ask and receive such an information in a manner accessible to them. ### persons residing in the union shall have the right to receive , upon their request , from the coordinating authority designated by the member state where they reside , information regarding any instances where the dissemination of known child sexual abuse material depicting them is reported to the eu centre pursuant to article 12. all persons including with disabilities shall have the equal right to ask and receive such an information in a manner accessible to them. the information shall be provided to the persons requesting it in a confidential , easily understandable and accessible manner , within a certain period.


### 3. where a member state designates more than one competent authority in addition to the coordinating authority , it shall ensure that the respective tasks of those authorities and of the coordinating authority are clearly defined and that they cooperate closely and effectively when performing their tasks. the member state concerned shall communicate the name of the other competent authorities as well as their respective tasks to the eu centre and the commission. ### 3. each member state shall ensure that a contact point is designated or established within the coordinating authority to handle requests for clarification , feedback and other communications concerning all matters related to the application and enforcement of this regulation in that member state. member states shall make the information on the contact point publicly available , shall promote its dissemination and visibility in order to raise awareness , especially in public places frequented by children , and shall communicate it to the eu centre. they shall keep that information updated and easy to find in order to draw the public attention to existing danger and prevention.


### 3. where necessary for the performance of its tasks under this regulation , the eu centre shall carry out , participate in or encourage research , surveys and studies , either on its own initiative or , where appropriate and compatible with its priorities and its annual work programme , at the request of the european parliament , the council or the commission. ### 3. to better combat and prevent child sexual abuse , the eu centre shall carry out , participate in or encourage research , surveys and studies , in each member state , in order to collect more information about the current situation in each country , to compare the results and effectiveness of the used methods. such data should be open in order to find the gaps and foci of spreading and further fight. the eu centre shall support member states and the coordinating authorities in conducting research , taking into account national specificities.


### (1) directive 2002/65/ec of the european parliament and of the council17 lays down rules at union level concerning the distance marketing of consumer financial services. at the same time directive 2011/83/eu of the european parliament and of the council18 lays down , amongst other , rules applicable to distance contracts for the sale of goods and provision of services concluded between a trader and a consumer. ### (1) directive 2002/65/ec of the european parliament and of the council17 laid down rules at union level concerning the distance marketing of consumer financial services. at the same time directive 2011/83/eu of the european parliament and of the council18 lays down , amongst other , rules applicable to distance contracts for the sale of goods and provision of services concluded between a trader and a consumer.


### (3) within the framework of the internal market , in order to safeguard freedom of choice , a high degree of consumer protection in the area of financial services contracts concluded at a distance is required in order to enhance consumer confidence in distance selling. ### (3) within the framework of the internal market , in order to safeguard freedom of choice , a high degree of consumer protection in the area of financial services contracts concluded at a distance is required in order to enhance consumer welfare and confidence in distance selling.


### (6) digitalisation has contributed to market developments that were not foreseen at the time of the adoption of directive 2002/65/ec. in fact , the rapid technological developments since then have brought significant changes to the financial services market. although many sector specific acts have been adopted on the union level , financial services offered to consumers have evolved and diversified considerably. new products have appeared , in particular in the online environment , and their use continues to develop , often in a fast and unpredicted manner. in this regard , the horizontal application of directive 2002/65/ec remains relevant. the application of directive 2002/65/ec to consumer financial services not regulated by sector specific union legislation has meant that , a set of harmonised rules apply to the benefit of consumers and traders. this ‘safety net’ feature , contributes to ensuring a high level of consumer protection while ensuring a level playing field among traders. ### (6) digitalisation has contributed to market developments that were not foreseen at the time of the adoption of directive 2002/65/ec. in fact , the rapid technological developments since then have brought significant changes to the financial services market. although many sector specific acts have been adopted on the union level , financial services offered to consumers have evolved and diversified considerably. new products have appeared , in particular in the online environment , and their use continues to develop , often in a fast and unpredicted manner. in this regard , the horizontal application of directive 2002/65/ec remains relevant. the application of directive 2002/65/ec to consumer financial services not regulated by sector specific union legislation has meant that , a set of harmonised rules apply to the benefit of consumers and traders. this ‘safety net’ feature , contributes to ensuring an adequate level of consumer protection while ensuring a level playing field among traders.


### (10) while not all the provisions of directive 2011/83/eu should apply to financial services contracts concluded at a distance due to the specific nature of those services , a number of provisions of directive 2011/83/eu , such as relevant definitions , rules on additional payments , on enforcement and penalties , should also apply to financial services contracts concluded at a distance. the application of those provisions ensures complementarity between the different types of contracts concluded at a distance. the extension of the application of the rules on penalties of directive 2011/83/eu will ensure that effective , proportionate and dissuasive fines are imposed on traders responsible for widespread infringements or widespread infringements with a union dimension. ### (10) while not all the provisions of directive 2011/83/eu should apply to financial services contracts concluded at a distance due to the specific nature of those services , a number of provisions of directive 2011/83/eu , such as relevant definitions , rules on additional payments , on enforcement and certain provisions on penalties , should also apply to financial services contracts concluded at a distance. the application of those provisions ensures complementarity between the different types of contracts concluded at a distance.


### (11) a dedicated chapter in directive 2011/83/eu should contain the still relevant and necessary rules of directive 2002/65/ec , in particular concerning the right to pre-contractual information and the right to withdrawal , and rules ensuring online fairness when financial service contracts are concluded at a distance. ### (11) a dedicated chapter in directive 2011/83/eu should contain the still relevant and necessary rules of directive 2002/65/ec , in particular concerning the right to pre-contractual information and the right to withdrawal when financial service contracts are concluded at a distance.


### (12) since distance financial services contracts are most commonly concluded by electronic means , rules on ensuring online fairness when financial services are contracted at a distance should contribute to the achievement of the goals laid down in article 114 tfeu and article 38 of the charter of the fundamental rights of the eu. the rule on adequate explanations should ensure added transparency and provide the consumer with the possibility to request human intervention when he or she interacts with the trader through online interfaces , such as a chatbox or similar tools. the trader should be prohibited to deploy measures in his or her online interface that could distort or impair the consumers’ ability to make a free , autonomous and informed decision or choice. ### (12) since distance financial services contracts are most commonly concluded by electronic means , rules on ensuring online fairness when financial services are contracted at a distance should contribute to the achievement of the goals laid down in article 114 tfeu and article 38 of the charter of the fundamental rights of the eu. the rule on adequate explanations should ensure added transparency on whether the consumer has or does not have the possibility to request human intervention when he or she interacts with the trader , including when they interact through online interfaces , such as a chatbox , roboadvice , interactive or similar tools. the trader should be prohibited to deploy measures in his or her online interface that aim to distort or impair the consumers’ ability to make a free , autonomous and informed decision or choice.


### (13) certain consumer financial services are governed by specific union acts , which continue to apply to those financial services. in order to ensure legal certainty , it should be clarified that where another union act governing specific financial services contains rules on pre-contractual information or on the exercise of the right of withdrawal , only the respective provisions of those other union acts should apply to those specific consumer financial services unless provided otherwise in those acts. for instance , when article 186 of directive 2009/138/ec of the european parliament and of the council19 applies , the rules concerning the 'cancellation period' laid down in directive 2009/138/ec apply and not the rules on the right of withdrawal laid down in this directive and when article 14(6) of directive 2014/17/eu of the european parliament and of the council20 applies , the rules on the right of withdrawal under this directive should not apply. likewise , certain union acts governing specific financial services21 contain extensive and developed rules designed to ensure that consumers are able to understand the essential characteristics of the proposed contract furthermore , certain union acts governing specific financial services , such as directive 2014/17/eu on credit agreements for consumers relating to residential immovable property22 , already lay down rules on adequate explanations to be provided by the traders to the consumers with respect to the proposed contract. in order to ensure legal certainty , the rules on adequate explanations set out in this directive should not apply to financial services falling under union acts governing specific financial services that contain rules on the information to be provided to the consumer prior to the conclusion of the contract. ### (13) certain consumer financial services are governed by specific union acts , which continue to apply to those financial services. in order to ensure legal certainty and avoid duplicated obligations , it should be clarified that where another union act governing specific financial services contains rules on pre-contractual information or on the exercise of the right of withdrawal , only the respective provisions of those other union acts should apply to those specific consumer financial services unless provided otherwise in those acts. this directive does not aim to amend or modify an existing sectoral legislation. for instance , when article 186 of directive 2009/138/ec of the european parliament and of the council19 applies , the rules concerning the 'cancellation period' laid down in directive 2009/138/ec apply and not the rules on the right of withdrawal laid down in this directive and when article 14(6) of directive 2014/17/eu of the european parliament and of the council20 applies , the rules on the right of withdrawal under this directive should not apply. likewise , certain union acts governing specific financial services21 contain extensive and developed rules designed to ensure that consumers are able to understand the essential characteristics of the proposed contract furthermore , certain union acts governing specific financial services , such as directive 2014/17/eu on credit agreements for consumers relating to residential immovable property22 , already lay down rules on adequate explanations to be provided by the traders to the consumers with respect to the proposed contract. in order to ensure legal certainty , the rules on adequate explanations set out in this directive should not apply to financial services falling under union acts governing specific financial services that contain rules on the information to be provided to the consumer prior to the conclusion of the contract.


### (17) the use of means of distance communications should not lead to an unwarranted restriction on the information provided to the consumer. in the interests of transparency , requirements should be laid down with regard to when the information should be provided to the consumer prior to the conclusion of the distance contract and how that information should reach the consumer. in order to be able to make their decisions in full knowledge of the facts , consumers should receive the information at least one day prior to the conclusion of the distance contract. only in exceptional cases can the information be provided less than a day before the conclusion of the distance contract for financial service. in case the contract is concluded less than one day before , the trader , within the established timeframe , should be obliged to remind the consumer about the possibility to withdraw from the distance contract for financial service. ### (17) the use of means of distance communications should not lead to an unwarranted restriction on the information provided to the consumer. in the interests of transparency , requirements should be laid down with regard to when the information should be provided to the consumer prior to the conclusion of the distance contract and how that information should reach the consumer. in order to be able to make their decisions in full knowledge of the facts , consumers should receive the information in good time prior to the conclusion of the distance contract.


### (18) the information requirements should be modernised and updated to include , for example , the email address of the trader and the information on the risk and reward related to certain consumer financial services. consumers should also be clearly informed when the price presented to them is personalised on the basis of automated processing. ### (18) the information requirements should be modernised and updated to include , for example , the email address of the trader or other safe electronic means of communication and the information on the risk and reward related to certain consumer financial services. consumers should also be clearly informed when the price presented to them is personalised on the basis of automated processing.


### (20) certain financial services might pursue an environmental or social objective such as contributing to the fight against climate change or contributing to the reduction of over-indebtedness. in order to be able to make an informed decision , the consumer should also be informed about the particular environmental or social objectives targeted by the financial service. ### deleted


### (25) for distance contracts concluded by electronic means , the trader should provide the consumer with the possibility to use a withdrawal button. in order for ensure the effective use of the withdrawal button , the trader should ensure that it is visible and , when the consumer uses the button , the trader should adequately document its use. ### (25) for distance contracts concluded by electronic means , the trader may provide the consumer with the possibility to use simple electronic means such as a withdrawal button. in order to ensure the effective exercise of the right of withdrawal , the trader should ensure that the information on the withdrawal right is clear , simple and visible and , when the consumer uses the button , the trader should adequately document its use. in order to avoid the unintended use of the right of withdrawal by the consumer , the trader may consider use of safeguards such as the prior control warning or identification.


### (26) consumers may need assistance in order to decide which financial service is the most appropriate for his or her needs and financial situation. therefore , member states should ensure that before the conclusion of a financial service contract at a distance , traders provide such assistance in relation to the financial services which they offer to the consumer , by providing adequate explanations about the relevant information , including the essential characteristics of the products proposed. the obligation of providing adequate explanations is particularly important when consumers intend to conclude a financial service contract at a distance and the trader provides explanations through online tools. in order to ensure that the consumer understands the effects that the contract may have on his or her economic situation , the consumer should always be able to obtain human intervention on behalf of the trader. ### (26) consumers may need assistance in order to decide which financial service is the most appropriate for his or her needs and financial situation. therefore , before the conclusion of a financial service contract at a distance , traders should provide such assistance in relation to the financial services which they offer to the consumer , by providing adequate explanations about the relevant information , including the essential characteristics of the products proposed. the obligation of providing adequate explanations is particularly important when consumers intend to conclude a financial service contract at a distance and the trader provides explanations through online tools. the trader should inform the consumer about whether there is a possibility to obtain human intervention on behalf of the trader or not.


### (27) when concluding financial services contracts at a distance , traders should be prohibited to use the structure , design , function or manner of operation of their online interface in a way that could distort or impair consumers’ ability to make a free , autonomous and informed decision or choice. ### (27) when concluding financial services contracts at a distance , traders should be prohibited to use the structure , design , function or manner of operation of their online interface in a way that aims to distort or impair consumers’ ability to make a free , autonomous and informed decision or choice.


### ‘articles 1 and 2 , article 3(2) , (5) and (6) , article 4 , articles 16a to 16e , article 19 , articles 21 to 23 , article 24(1) , (2) , (3) and (4) and articles 25 and 26 shall apply to distance contracts concluded between a trader and a consumer for the supply of financial services. ### ‘articles 1 and 2 , article 3(2) , (5) and (6) , article 4 , articles 16a to 16e , article 19 , articles 21 to 23 , article 24(1) and (2) , and articles 25 , 26 and 30a shall apply to distance contracts concluded between a trader and a consumer for the supply of financial services.


### the geographical address at which the trader is established as well as the trader’s telephone number and email address; in addition , where the trader provides other means of online communication which guarantee that the consumer can keep any written correspondence , including the date and time of such correspondence , with the trader on a durable medium , the information shall also include details of those other means; all those means of communication provided by the trader shall enable the consumer to contact the trader quickly and communicate with him efficiently; where applicable , the trader shall also provide the geographical address and identity of the trader on whose behalf he is acting; ### the geographical address at which the trader is established as well as the trader’s telephone number , as well as email address or other means of safe electronic communication; in addition , where the trader provides other means of online communication which guarantee that the consumer can keep any written correspondence , including the date and time of such correspondence , with the trader on a durable medium , the information shall also include details of those other means; all those means of communication provided by the trader shall enable the consumer to communicate with trader effectively; where applicable , the trader shall also provide the identity and relevant information about the trader on whose behalf he is acting;


### where applicable , a brief description of the risk-reward profile; ### deleted


### where applicable , information on any environmental or social objectives targeted by the financial service; ### deleted


### the existence or absence of a right of withdrawal and , where the right of withdrawal exists , its duration and the conditions for exercising it including information on the amount which the consumer may be required to pay , as well as the consequences of non-exercise of that right; ### the existence or absence of a right of withdrawal and , where the right of withdrawal exists , its duration and the conditions for exercising it including information on the description of fees and sanctions which the consumer may be required to pay , as well as the consequences of non-exercise of that right;


### practical instructions for exercising the right of withdrawal indicating , inter alia , the address or email address to which the notification of a withdrawal should be sent and for financial contracts concluded by electronic means , information about the existence and placement of the withdrawal button , referred to in article 16d; ### instructions for exercising the right of withdrawal indicating , inter alia , the address or email address or other means of communication to which the notification of a withdrawal should be sent;


### in the case of telephone communications , the identity of the trader and the commercial purpose of the call initiated by the trader shall be made explicitly clear at the beginning of any conversation with the consumer. ### in the case of distance communications , including telephone conversation , the identity of the trader and the commercial purpose of the call initiated by the trader shall be made explicitly clear at the beginning of any communication with the consumer.


### the trader shall provide the information referred to in paragraph 1 at least one day before the consumer is bound by any distance contract. ### the trader shall provide the information referred to in paragraph 1 in good time before the consumer is bound by any distance contract.


### when the information referred to in paragraph 1 is provided less than one day before the consumer is bound by the distance contract , member states shall require that the trader sends a reminder , on a durable medium , to the consumer of the possibility to withdraw from the distance contract and of the procedure to follow for withdrawing , in accordance with article 16b. that reminder shall be provided to the consumer , at the latest , one day after the conclusion of the distance contract. ### deleted


### the information referred to in paragraph 1 shall be made available upon request in an appropriate format to consumers with a visual impairment. ### without prejudice to directive (eu) 2019/8821a , the information referred to in paragraph 1 shall be made available upon request in an appropriate format to consumers with a visual impairment.


### travel and baggage insurance policies or similar short-term insurance policies of less than one month's duration; ### travel and baggage insurance policies or other short-term insurance policies of less than two months' duration;


### contracts whose performance has been fully completed by both parties at the consumer's express request before the consumer exercises his right of withdrawal. ### contracts whose performance has been fully completed by both parties.


### 3. the consumer shall have exercised his right of withdrawal within the withdrawal period referred to in paragraph 1 if the communication concerning the exercise of the right of withdrawal is sent or the withdrawal button referred to in paragraph 5 is activated by the consumer before that period has expired. ### 3. the consumer shall have exercised his right of withdrawal within the withdrawal period referred to in paragraph 1 if the communication concerning the exercise of the right of withdrawal is sent by the consumer before that period has expired.


### member states shall ensure that , for distance contracts concluded by electronic means , the trader provides a possibility to use a withdrawal button in order to facilitate the consumer’s exercise of the right of withdrawal. such button shall be clearly labelled with the words ‘withdraw from contract’ or a corresponding unambiguous formulation. ### beside other means to withdraw from the distance contract , the trader may provide also a possibility to withdraw from a distance contract by simple electronic means such as a withdrawal button.


### the withdrawal button shall be placed in a prominent manner and permanently available during the entire withdrawal period on the same electronic interface as the one used to conclude the distance contract. in addition , the trader may also provide the withdrawal button through another channel. ### the information on withdrawal and its exercise shall be placed in a prominent manner and permanently available during the entire withdrawal period , preferably , on the same electronic interface as the one used to conclude the distance contract.


### the trader shall ensure that the activation of the withdrawal button results in an instant confirmation notice to the consumer that the right of withdrawal has been exercised , which shall include the date and time of the exercise of the right of withdrawal. confirmation of the exercise of the right of withdrawal shall be provided by the trader to the consumer on a durable medium. ### the trader shall ensure that the exercise of the withdrawal right results in an instant confirmation notice to the consumer that the right of withdrawal has been exercised , which shall include the date and time of the exercise of the right of withdrawal. confirmation of the exercise of the right of withdrawal shall be provided by the trader to the consumer on a durable medium.


### 2. paragraph 1 shall also apply to explanations provided to the consumer , when using online tools such as live chats , chat bots , roboadvice , interactive tools or similar approaches. ### deleted


### 3. member states shall ensure that , in case the trader uses online tools , the consumer shall have a right to request and obtain human intervention. ### 3. member states shall encourage that , in case the trader uses online tools , the consumer may have a right to request and obtain human intervention. the trader shall inform the consumer in a clear and simple way whether there is a possibility to request and obtain human intervention.


### article 16e additional protection regarding online interfaces ### deleted


### without prejudice to directive 2005/29/ec of the european parliament and of the council24 and council directive 93/13/eec25 , member states shall adopt measures requiring that traders , when concluding financial services contracts at a distance , do not use the structure , design , function or manner of operation of their online interface in a way that could distort or impair consumers’ ability to make a free , autonomous and informed decision or choice. ### without prejudice to directive 2005/29/ec of the european parliament and of the council24 , when concluding financial services contracts at a distance , the trader shall not design , organise or operate their online interface in a way that deceives or manipulates the consumer or in a way that otherwise materially distorts or impairs the ability of the consumer to make free and informed decisions.


### they shall apply those provisions from [the date after 24 months from adoption]. ### they shall apply those provisions from [the date after 36 months from adoption].


### a. whereas the functioning of the digital single market should be improved by reinforcing legal certainty for providers of artificial intelligence (ai) , and reinforcing users’ trust by strengthening safeguards to ensure the rule of law and fundamental rights; ### a. whereas the functioning of the digital single market should be improved by reinforcing legal certainty for providers of artificial intelligence (ai) systems , and reinforcing public trust and security by strengthening safeguards to ensure the rule of law and fundamental rights;


### a. whereas digital technologies in general and artificial intelligence (ai) in particular bring with them extraordinary promise; whereas ai is one of the strategic technologies of the 21st century , generating substantial benefits in efficiency , accuracy , and convenience , and thus bringing positive change to the european economy; whereas ai should not be seen as an end in itself , but as a tool for serving people , with the ultimate aim of increasing human well-being; ### a. whereas digital technologies in general and artificial intelligence (ai) in particular bring with them extraordinary promise; whereas ai is one of the strategic technologies of the 21st century , generating substantial benefits in efficiency , accuracy , and convenience , and thus bringing positive change to the european economy and improving the security and safety of european citizens; whereas ai should not be seen as an end in itself , but as a tool for serving people , with the ultimate aim of increasing human well-being;


### a. whereas the right to fair trial is a fundamental right which also applies to enforcement of the law; ### a. whereas the right to fair trial is a fundamental right which also applies to enforcement of the law and at all times;


### 1. reiterates that , as processing large quantities of data is at the heart of ai , the right to the protection of private life and the right to the protection of personal data apply to all areas of ai , and that the union legal framework for data protection and privacy must be fully complied with; ### 1. reiterates that , as processing large quantities of data is at the heart of ai , the right to the protection of private life and the right to the protection of personal data apply to all areas of ai , and that the legal framework for data protection and privacy in both the union and member states must be fully complied with;


### 1. emphasises the importance of considering the ethical and operational implications of the use of ai and related technologies within criminal justice systems; ### 1. emphasises the importance of considering the ethical and operational implications of the use of ai and related technologies within criminal justice systems; stresses the importance of the human factor , which must always be the final decision-maker and the role of ai-technologies based software and applications should be a solely assisting one within the criminal system , whether in police enforcement or criminal justice; reiterates that biometric recognition softwares should only be deployed in clearly warranted situations and not become the standard;


### 2. stresses that ai should help to ease the administrative burden on public authorities , without ever replacing human decisions , and that ai systems should rely on human oversight; ### 2. stresses that ai should help to ease the administrative burden on public authorities and increase the efficiency of their decision-making , without ever replacing human decisions , and that ai systems should rely on human oversight;


### 2. underlines the importance of being able to access ai-produced or ai-assisted outputs for notification procedures and the role of ai and related technologies in criminal law enforcement and crime prevention; recalls the importance of questions related to governance , transparency and accountability; ### 2. underlines the importance of being able to access ai-produced or ai-assisted outputs for notification procedures and the role of ai and related technologies in criminal law enforcement and crime prevention; recalls the importance of questions related to governance , transparency and accountability; further recalls the distinction between the use of ai and related technologies in crime prevention and criminal justice; stresses the subordinate role ai-technologies fulfil at all times;


### 3. considers that such tools should be released as open source software under the public procurement procedure , and that a fundamental rights audit should be part of a prior conformity assessment; believes that – while ensuring the respect of eu law and values and the applicable data protection rules , and without jeopardising investigations or criminal prosecutions – training data must be open data; ### 3. considers that such tools should be released as software under the public procurement procedure with software documentation and algorithms fully accessible to the responsible member state authorities , allowing also the supervision or appeal authorities to review how the ai system arrived at a certain conclusion , and that a fundamental rights audit should be part of a prior conformity assessment; believes that – while ensuring the respect of eu law and values and the applicable data protection rules , and without jeopardising investigations or criminal prosecutions – training data must be accessible for periodic auditing;


### 3. welcomes the recommendations of the commission’s high-level expert group on ai for a proportionate use of biometric recognition technology and suggests that the application of such technology must be clearly warranted under existing laws and urges the commission to assess how to effectively incorporate these; ### 3. welcomes the recommendations of the commission’s high-level expert group on ai for a proportionate use of biometric recognition technology and suggests that the application of such technology must be clearly warranted under existing laws and urges the commission to assess how to effectively incorporate these; suggests that an ad hoc cross-sectoral advisory group be set up , consisting of representatives of all actors and stakeholders involved , both at eu- and national level , to address specifically the issue of facial-recognition softwares , which are of particular importance in the current context of a global health pandemic; recommends that the commission undertakes a thorough assessment of the impact of biometric recognition software on relevant eu legislation and present proposals for updating existing legislation where appropriate to the realities of artificial intelligence and related technologies overall;


### 4. considers it necessary to clarify whether law enforcement decisions can be delegated to ai and stresses the need to develop codes of conduct for the design and use of ai to help law enforcers and judicial authorities; refers to the ongoing work in the committee on legal affairs. ### 4. considers it necessary to clarify whether law enforcement decisions can be delegated to ai and stresses the need to develop codes of conduct for the design and use of ai to help law enforcers and judicial authorities; refers to the ongoing work in the committee on legal affairs; stresses however , that the involvement of member states is key and no efforts should be pursued that would undermine their competence in matters of defence and national security.


### 6. recalls the high risk of abuse of certain types of ai , including facial recognition technologies in public spaces , automated behaviour detection and profiling to divide people into risk categories at borders , and calls on the commission to ban them; ### 6. recalls the high risk of abuse of certain types of ai , including facial recognition technologies in public spaces , and calls on the commission in this regard to strictly apply a risk-based approach;


### 6. underlines the fact that many algorithmically driven identification technologies disproportionately misidentify non-white people , children , the elderly , as well as women; ### 6 underlines the fact that algorithmically driven facial recognition technologies have become much more accurate in recent years; expresses concern that these systems make more mistakes when identifying dark-skinned people and women;


### b. whereas technologies such as artificial intelligence (ai) and related technologies will contribute to the reducing of crime rates , the use of statistical data analytics in crime analysis and prevention , and the operation of criminal justice systems; ### b. whereas technologies such as artificial intelligence (ai) and related technologies may contribute to the reducing of crime rates , facilitate certain procedures through its use in statistical data analytics , crime analysis and prevention , and the operation of criminal justice systems; whereas the union relies heavily on external data , which is the key factor for efficiency and optimal working conditions of ai-based algorithms , as well as foreign artificial intelligence providers;


### c. whereas trustworthy ai systems need to be accountable , designed for all (including consideration of vulnerable , marginalised populations in their design) , be non-discriminatory , safe and transparent , and respect human autonomy and fundamental rights; ### c. whereas trustworthy ai systems need to be accountable , designed for all , be non-discriminatory , safe and transparent , and respect human autonomy and fundamental rights;


### d. whereas the union together with the member states bear a critical responsibility for ensuring that policy choices surrounding the development , deployment and use of ai applications in the field of the judiciary and law enforcement are made in a transparent manner , respect the principles of necessity and proportionality , and guarantee that the policies and measures adopted will fully safeguard fundamental rights within the union; ### d. whereas the member states bear a critical responsibility for ensuring that policy choices surrounding the development , deployment and use of ai applications in the field of the judiciary and law enforcement are made in a transparent manner , respect the principles of necessity and proportionality , and guarantee that the policies and measures adopted will fully safeguard fundamental rights;


### h. whereas ai tools and applications are also used by the judiciary worldwide , including in sentencing , calculating probabilities for reoffending and in determining probation; ### h. whereas ai tools and applications are also used by the judiciary in some countries , including in sentencing , calculating probabilities for reoffending and in determining probation;


### 7. highlights the power asymmetry between those who develop and employ ai technologies and those who interact and are subject to them; ### deleted


### 11. calls for algorithmic explainability and transparency in order to ensure that the development , deployment and use of ai systems for judiciary and law enforcement comply with fundamental rights , and are trusted by citizens , as well as in order to ensure that results generated by ai algorithms can be rendered intelligible to users and to those subject to these systems , and that there is transparency on the source data and how the system arrived at a certain conclusion; ### 11. calls for transparency in the design of this type of technology in order to ensure that the development , deployment and use of ai systems for judiciary and law enforcement comply with fundamental rights , and are trusted by citizens , as well as in order to ensure that results generated by ai algorithms can be rendered intelligible to users and to those subject to these systems , and that there is transparency on the source data and how the system arrived at a certain conclusion;


### 15. calls for a moratorium on the deployment of facial recognition systems for law enforcement , until the technical standards can be considered fully fundamental rights compliant , results derived are non-discriminatory , and there is public trust in the necessity and proportionality for the deployment of such technologies; ### 15. recalls that all facial recognition systems and their technical standards must fully comply with fundamental rights and the principles of necessity and proportionality;


### d. whereas a small number of mostly non-european service providers have significant market power and exert influence on the rights and freedoms of individuals , our societies and democracies; ### d. whereas a small number of mostly non-european service providers have monopoly over the market and exert influence on the rights and freedoms of individuals , our societies and democracies , thus also giving them enormous influence on the functioning of all community countries and their citizens;


### f. whereas some forms of harmful content may be legal , yet detrimental to society or democracy , with examples such as opaque political advertising and disinformation on covid-19 causes and remedies; ### f. whereas some forms of harmful content may be legal , yet detrimental to society or democracy;


### g. whereas a pure self-regulatory approach of platforms does not provide adequate transparency to public authorities , civil society and users on how platforms address illegal and harmful content; whereas such an approach does not guarantee compliance with fundamental rights; ### (does not affect the english version.)


### i. whereas the absence of uniform and transparent rules for procedural safeguards across the eu is a key obstacle for persons affected by illegal content online and content providers seeking to exercise their rights; ### deleted


### j. whereas the lack of robust public data on the prevalence and removal of illegal and harmful content online creates a deficit of accountability; ### j. whereas the lack of robust public data on the prevalence and removal of illegal and harmful content online , as well as the lack of proper transparency from internet platforms and services as to the algorithms they use , creates a deficit of accountability;


### l. whereas according to the court of justice of the european union (cjeu) , jurisprudence host providers may have recourse to automated search tools and technologies to assess if content is equivalent to content previously declared unlawful , and should thus be removed following an order from a member state; ### l. whereas automated search tools and technologies to assess if content is equivalent to content previously declared unlawful are unreliable and do not provide adequate protection for freedom of expression and civil liberties online; whereas any attempt to proactively filter content should be limited , and any automatic deletion of content must always be carried out under human supervision and action;


### 3. deems it necessary that illegal content is removed swiftly and consistently in order to address crimes and fundamental rights violations; considers that voluntary codes of conduct only partially address the issue; ### 3. deems it necessary that flagrantly illegal content is removed swiftly and consistently in order to address crimes and terrorist propaganda; considers that voluntary codes of conduct have helped to reduce the appearance of illegal content on the internet and are a good mechanism that should be strengthened;


### 4. recalls that illegal content online should not only be removed by online platforms , but should be followed up by law enforcement and the judiciary; finds , in this regard , that a key issue in some member states is not that they have unresolved cases but rather unopened ones; calls for barriers to filing complaints with competent authorities to be removed; is convinced that , given the borderless nature of the internet and the fast dissemination of illegal content online , cooperation between service providers and national competent authorities should be improved; ### 4. is convinced that , given the borderless nature of the internet and the fast dissemination of illegal content online , cooperation between service providers and national competent authorities , as well as between national competent authorities , should be improved , for instance by introducing tools based on cooperation and mutual trust between member states , e.g. beyond the cross-border order to remove online content which is clearly and unquestionably illegal;


### 5. acknowledges the fact that , while the illegal nature of certain types of content can be easily established , the decision is more difficult for other types of content as it requires contextualisation; warns that some automated tools are not sophisticated enough to take contextualisation into account , which could lead to unnecessary restrictions being placed on the freedom of expression; ### 5. acknowledges the fact that , while the illegal nature of certain types of content can be easily established , the decision is more difficult for other types of content as it requires contextualisation; warns that some automated tools are not sophisticated enough to take contextualisation into account , which could lead to unnecessary and harmful restrictions being placed on the freedom of expression , political views and the right to receive a variety of often controversial information , leading to the filtering and censorship of the internet;


### 9. calls , to this end , for legislative proposals that keep the digital single market open and competitive by requiring digital service providers to apply effective , coherent , transparent and fair procedures and procedural safeguards to remove illegal content in line with european values; firmly believes that this should be harmonised within the digital single market; ### 9. calls , to this end , for legislative proposals that keep the digital single market open and competitive by requiring digital service providers to apply effective , coherent , transparent and fair procedures and procedural safeguards to remove illegal content in line with the values that derive from the roman civilisation and the christian ethics that underpin the existence of the european community; firmly believes that this should be harmonised within the digital single market;


### 11. highlights that this should include rules on the notice-and-action mechanisms and requirements for platforms to take proactive measures that are proportionate to their scale of reach and operational capacities in order to address the appearance of illegal content on their services; supports a balanced duty-of-care approach and a clear chain of responsibility to avoid unnecessary regulatory burdens for the platforms and unnecessary and disproportionate restrictions on fundamental rights , including the freedom of expression; ### 11. highlights that this should include rules on the notice-and-action mechanisms and requirements for platforms to take measures that are proportionate to their scale of reach and technical and operational capacities in order to address the appearance of illegal content on their services; supports a balanced duty-of-care approach and a clear chain of responsibility to avoid unnecessary regulatory burdens for the platforms and unnecessary and disproportionate restrictions on fundamental rights , the freedom to controversial and polemical expression , as well as to restrict the promotion of various philosophical , social and political ideas;


### 12. stresses the need for appropriate safeguards and due process obligations , including human oversight and verification , in addition to counter notice procedures , to ensure that removal or blocking decisions are accurate , well-founded and respect fundamental rights; recalls that the possibility of judicial redress should be made available to satisfy the right to effective remedy; ### 12. stresses the need for appropriate safeguards and due process obligations , including human oversight and verification , in addition to counter notice procedures , to ensure that removal or blocking decisions are accurate , well-founded and respect fundamental rights; recalls that the possibility of judicial redress , following the final decision taken by the platforms in accordance with the internal complaints system , should be made available to satisfy the right to effective remedy;


### 13. supports limited liability for content and the country of origin principle , but considers improved coordination for removal requests between national competent authorities to be essential; emphasises that such orders should be subject to legal safeguards in order to prevent abuse and ensure full respect of fundamental rights; stresses that sanctions should apply to those service providers that fail to comply with legitimate orders; ### 13. supports limited liability for content and the country of origin principle , but considers improved coordination for removal requests between national competent authorities to be essential; emphasises that such orders should be subject to legal safeguards in order to prevent abuse and ensure full respect of fundamental rights and civil rights and freedoms; stresses that proportionate sanctions should apply to those service providers that fail to comply with legitimate orders even though they possess the technical and operational capacities;


### 15. underlines that certain types of legal , yet harmful , content should also be addressed to ensure a fair digital ecosystem; expects guidelines to include increased transparency rules on content moderation or political advertising policy to ensure that removals and the blocking of harmful content are limited to the absolute necessary; ### 15. underlines that any attempt to regulate or moderate political advertising should be prohibited;


### 17. calls , in this regard , for a regular public reporting obligation for platforms , proportionate to their scale of reach and operational capacities; ### 17. calls , in this regard , for a regular annual public reporting obligation for platforms , proportionate to their scale of reach and operational capacities; stresses that such reports , covering actions taken in the year preceding the year of submission , should be submitted by the end of the first quarter of that year;


### 18. calls , moreover , for a regular public reporting obligation for national authorities; ### 18. calls , moreover , for a regular annual public reporting obligation for national authorities;


### 20. supports the creation of an independent eu body to exercise effective oversight of compliance with the applicable rules; believes that it should enforce procedural safeguards and transparency and provide quick and reliable guidance on contexts in which legal content is to be considered harmful; ### deleted


### 21. considers that the transparency reports drawn up by platforms and national competent authorities should be made available to this eu body , which should be tasked with drawing up yearly reports that provide a structured analysis of illegal content removal and blocking at eu level; ### 21. considers that the transparency reports drawn up by platforms and national competent authorities should be made available to the eu bodies , which should be tasked with drawing up yearly reports that provide a structured analysis of illegal content removal and blocking at eu level; stresses that these reports should be published annually on the public services of the eu institutions;


### 22. stresses that this eu body should not take on the role of content moderator , but that it should analyse , upon complaint or on its own initiative , whether and how digital service providers amplify illegal content; calls for this regulator to have the power to impose proportionate fines or other corrective actions when platforms do not provide sufficient information on their procedures or algorithms in a timely manner; ### 22. stresses that the eu institutions should not take on the role of content moderator , but that they should analyse , upon complaint or on its own initiative , whether and how digital service providers amplify illegal content; calls for the eu institutions to have the power to indicate corrective actions when platforms do not provide sufficient information on their procedures or algorithms in a timely manner;


### 20. notes that there is no ‘one size fits all’ solution to all types of illegal and harmful content and cases of misinformation online; believes , however , that a more aligned approach at union level , taking into account the different types of content , will make the fight against illegal content more effective; ### deleted


### 20. notes that there is no ‘one size fits all’ solution to all types of illegal and harmful content and cases of misinformation online; believes , however , that a more aligned approach at union level , taking into account the different types of content , will make the fight against illegal content more effective; ### 20. notes that there is no ‘one size fits all’ solution to all types of illegal and harmful content and cases of misinformation online; recalls the fact that misinformative and harmful content is not always illegal; requests further to establish a definition of illegal information and activities to simplify compliance; believes , that a more aligned approach at union level will make the fight against illegal content more effective;


### the digital services act should introduce clear due diligence transparency and information obligations; those obligations should not create any derogations or new exemptions to the current liability regime and the secondary liability set out under articles 12 , 13 , and 14 of the e-commerce directive and should cover the aspects described below: ### the digital services act should introduce clear and proportionate due diligence transparency and information obligations; those obligations should not create any derogations or new exemptions to the current liability regime and the secondary liability set out under articles 12 , 13 , and 14 of the e-commerce directive and should cover the aspects described below:


### - the information requirements in article 5 of the e-commerce directive should be reinforced and the “know your business customer” principle should be introduced; services providers should verify the identity of their business partners , including their company registration number or any equivalent means of identification including , if necessary , the verified national identity of their ultimate beneficial owner; that information should be accurate and up-to-date , and service providers should not be allowed to provide their services when the identity of their business customer is false , misleading or otherwise invalid; ### deleted


### 2. calls on the commission to clarify the liability of transport and tourism platforms; invites the commission to set a uniform obligation for platforms to verify the legality of the service offered and the service provider and to act on illegal content , through a legally binding notice and action procedure. ### 2. calls on the commission to clarify the scope of liability of transport and tourism platforms , in particular by drawing a clear line between the liability of the platform and of the user; points out that the issue of civil liability is one of the greatest challenges for the full exploitation of the potential of artificial intelligence in the area of autonomous mobility;


### 2. notes that since the online activities of individuals allow for deep insights into their personality and make it possible to manipulate them , the collection and use of personal data concerning the use of digital services should be subjected to a specific privacy framework and limited to the extent necessary to provide and bill the use of the service; ### 2. notes that since the online activities of individuals may involve the collection and use of personal data , they should be subjected to a specific privacy framework and limited to the extent necessary to provide and bill the use of the service;


### 3. stresses the importance of establishing a european authority tasked with overseeing the online platform market , with offices for transport and tourism. ### 3. stresses the importance of establishing a european authority tasked with overseeing the online platform market , with offices for transport and tourism , which collaborates closely with the competent authorities in the member states.


### 3. notes that automated tools are unable to differentiate illegal content from content that is legal in a given context; highlights that human review of automated reports by service providers does not solve this problem as private staff lack the independence , qualification and accountability of public authorities; stresses , therefore , that the digital services act should explicitly prohibit any obligation on hosting service providers or other technical intermediaries to use automated tools for content moderation , and refrain from imposing notice-and-stay-down mechanisms; insists that content moderation procedures used by providers should not lead to any ex-ante control measures based on automated tools or upload-filtering of content; ### 3. notes that automated tools may , in certain circumstances , be unable to differentiate illegal content from content that is legal in a given context; highlights that human review may assist in this regard; stresses , furthermore , that the commission should evaluate the feasibility and proportionality , taking into account the type , nature and risk of content , of obligations on hosting service providers or other technical intermediaries to use automated tools for content moderation , in particular those used to protect children from illegal content online , while taking into account a wide range of stakeholder views on automated tools and upload-filtering of illegal content and ensuring the protection of fundamental rights;


### 4. stresses that the responsibility for enforcing the law , deciding on the legality of online activities and ordering hosting service providers to remove or disable access to illegal content as soon as possible should rest with independent judicial authorities; considers that only a hosting service provider that has actual knowledge of illegal content and its illegal nature should be subject to content removal obligations; ### 4. stresses that the responsibility for enforcing the law , deciding on the legality of online activities and ordering hosting service providers to remove or disable access to illegal content as soon as possible to protect users should rest with member states' judicial authorities; considers that once a hosting service provider has actual knowledge of illegal content and its illegal nature content , removal obligations should be fulfilled without delay;


### 6. stresses that , in order to overcome the lock-in effect of centralised networks and to ensure competition and consumer choice , users of dominant social media services and messaging services should be given a right to cross-platform interaction via open interfaces (interconnectivity). ### 6. stresses that , in order to overcome the lock-in effect of centralised networks and to ensure competition and consumer choice , users of dominant social media services and messaging services should , where appropriate , enable cross-platform interaction via open interfaces (interconnectivity).


### 7. calls on the commission to come up with a comprehensive framework to align the working conditions of platform workers with those of regular employees; ### 7. stresses that the functioning of digital platforms in the field of transport and tourism has played a positive role in creating new jobs , especially for young people and unskilled workers; calls on the commission to come up with a comprehensive framework to align the working conditions of platform workers with those of regular employees;


### 8. emphasizes the need for transparency in transport and tourism platforms , specifically on algorithms affecting service , pricing , and advertising. ### 8. emphasizes the need to guarantee transparency in the internal rules of transport and tourism platforms , as well as their compliance with european consumer rights protection standards;


### 1. welcomes the commission white paper on ‘artificial intelligence - a european approach to excellence and trust’ and the european data strategy; stresses that the approaches outlined therein are likely to contribute to the deployment of the potential of human-centered ai in the eu; notes , however , that the issue of the protection of iprs in the context of the development of ai technologies does not seem to have been addressed by the commission , despite the importance of these rights and the role played by innovation and creativity in the eu economy; ### 1. welcomes the commission white paper on ‘artificial intelligence - a european approach to excellence and trust’ and the european data strategy; stresses that the approaches outlined therein are likely to contribute to the deployment of the potential of human-centered ai in the eu; notes , however , that the issue of the protection of iprs in the context of the development of ai technologies does not seem to have been addressed by the commission , despite the importance of these rights and the role played by innovation and creativity in the eu economy; notes further that other comparable emerging technologies are not addressed or hardly referenced , whereas they play an increasingly important role already and in the imminent future; recalls that correlating factors , i.e. the creation of european data and the use thereof will also have consequences for the european legislative framework with regards to intellectual property rights ought to also be a key aspect in these considerations;


### 3. stresses the importance of protecting iprs in relation to ai technologies , in order to create the legal certainty and build the trust needed to encourage investment in these technologies; considers that the eu can be a frontrunner in the creation of ai technologies if it adopts an operational regulatory framework that is regularly assessed in the light of technological developments and implements proactive public policies , particularly as regards training programmes and financial support for research; ### 3. stresses the importance of protecting iprs in relation to ai technologies , in order to create the legal certainty and build the trust needed to encourage investment in these technologies; considers that the eu can be a frontrunner in the creation of ai technologies if it adopts an operational regulatory framework strengthens its industrial capacities , engages in public-private sector cooperation and embraces a financial model that will attract and retain the best minds in ai that are regularly assessed in the light of technological developments and implements proactive public policies , particularly as regards training programmes and financial support for research;


### 6. suggests that assessment focus on the impact and implications of ai technology under the current system of patent law , trade mark and design protection , copyright and related rights , including the applicability of the legal protection of databases and computer programs , and the protection of undisclosed know-how and business information (‘trade secrets’) against their unlawful acquisition , use and disclosure; emphasises , further , the need to assess whether contract law and competition rules ought to be strengthened in order to create a more comprehensive legal framework for the economic sectors in which ai plays a part; ### 6. suggests that assessment focus on the impact and implications of ai and related technologies under the current system of patent law , trade mark and design protection , copyright and related rights , including the applicability of the legal protection of databases and computer programs , and the protection of undisclosed know-how and business information (‘trade secrets’) against their unlawful acquisition , use and disclosure; emphasises , further , the need to assess whether contract law and competition rules ought to be strengthened in order to create a more comprehensive legal framework for the economic sectors in which ai plays a part;


### 12. notes that ai makes it possible to process a large quantity of data relating to the state of the art or the existence of iprs; notes , at the same time , that the use of ai technology cannot be a substitute for human verification in relation to the granting of iprs and the determination of liability for infringements of iprs; ### 12. notes that ai makes it possible to process a large quantity of data relating to the state of the art or the existence of iprs; notes , at the same time , that the use of ai and related technologies cannot be a substitute for human verification in relation to the granting of iprs and the determination of liability for infringements of iprs;


### c. whereas recent developments in artificial intelligence (ai) represent a significant technological advance that is generating opportunities and challenges for european citizens , businesses and creators; ### c. whereas recent developments in artificial intelligence (ai) and similar emerging technologies represent a significant technological advance that is generating opportunities and challenges for european citizens , businesses , public administrations , creators and the defence sector;


### d. whereas the aim of making the european union the world leader in ai technologies must include efforts to safeguard the union’s digital and industrial sovereignty; ### d. whereas the aim of making the european union the world leader in ai technologies requires a strong degree of industrial reform and transatlantic cooperation which in turn must include efforts to safeguard the union’s digital and industrial sovereignty;


### f. whereas legal certainty fosters technological development , and whereas public confidence in new technologies is essential for the development of this sector; ### f. whereas legal certainty fosters technological development , technological and legislative foresight are essential for strengthening the unions competitive advantage and whereas public confidence and a revised educational emphasis on computer science and advanced machine learning in new technologies is essential for the development of this sector;


### g. whereas the eu is the appropriate level at which to regulate ai technologies in order to avoid fragmentation of the single market; whereas the eu regulatory framework in the field of ai will have the potential to become a legislative benchmark at international level; ### g. whereas member states can work to regulate ai technologies in order to avoid fragmentation of the single market; whereas the eu regulatory framework in the field of ai will have the potential to become a legislative benchmark at international level;


### h. whereas ai technologies are regarded as mathematical methods within the meaning of the european patent convention; ### h. whereas ai and related technologies are regarded as mathematical methods within the meaning of the european patent convention;


### i. whereas ai technologies are based on the creation and execution of computer programs which , as such , are protected by copyright; ### i. whereas ai and related technologies are based on the creation and execution of computer programs which , as such , are protected by copyright;


### j. whereas ai technologies , as computer programs , cannot be patented , except under article 52(3) of the european patent convention; ### j. whereas ai and related technologies , as computer programs , cannot be patented , except under article 52(3) of the european patent convention;


### k. whereas the development of ai is raising questions about the protection of innovation itself and the application of iprs to data generated by ai technologies , which can be industrial or artistic creations; whereas it is sometimes difficult to distinguish between assisted creation and ai-generated creation; ### k. whereas the development of ai and related technologies is raising questions about the protection of innovation itself and the application of iprs to data generated by ai and related technologies , which can be industrial or artistic creations; whereas it is sometimes difficult to distinguish between assisted creation and ai-generated creation;


### l. whereas ai technologies are heavily dependent on data , a blanket term for information falling into a range of categories that requires protection and tailoredgovernance; whereas increased access to certain data and databases in the european union will play a crucial role in advancing the development of european ai; ### l. whereas ai and related technologies are heavily dependent on data , a blanket term for information falling into a range of categories that requires protection and tailored governance; whereas increased access to certain data and databases in the european union will play a crucial role in advancing the development of european ai; whereas the generation of european data will be crucial for ensuring technological independence and competitive advantage , as well as contributing to strengthening of the security and defence sector;


### 2. underlines that the eu should act as a global ai norm-setter in the areas of civil and military use and of state authority , with an effective strategy aimed at strengthening its influence on shaping global standards; calls on the commission and the member states to advocate for broader cooperation within the un , oecd , g7 , g20 and other international fora in order to promote the eu approach to ai , emphasising the fundamental rights , freedoms and values that are enshrined in the eu treaties , the charter of fundamental rights of the european union and international human rights law; ### 2. supports the eu’s endeavours towards further developing its competitive advantages in the global ai sector; welcomes in particular , with regards to the areas of civil and military use and of state authority , increased efforts towards an effective strategy aimed at strengthening its influence on shaping global standards and diminishing europe’s reliance on foreign data , which is essential to algorithm-based technologies; calls on the commission and the member states to advocate for broader cooperation within the un , oecd , g7 , g20 and other international fora in order to promote the exchange of best practices and most up-to-date developments with regards to ai and other next-generation technologies; stresses the importance of taking into consideration not only ai technologies but also considering other next-generation technologies , i.e. quantum computing , which are already being considered and represent the next leap of cross-sectoral technological advancements;


### 2. calls on the un and the wider international community to undertake all necessary efforts to ensure that the application of artificial intelligence (ai) in military affairs and the use of ai-enabled systems by the military stay within the strict limits set by international law and international humanitarian law (ihl); ### 2. calls on the un and the wider international community to undertake all necessary efforts to ensure that the application of artificial intelligence (ai) in military affairs and the use of ai-enabled systems by the military stay within the strict limits set by international law and international humanitarian law (ihl); recognizes that the primary guarantor of the euro-atlantic security is nato and that an international consensus related to ai regulations must be made in close cooperation with member states , the north atlantic council and like-minded partners as the us , uk , canada or japan;


### 3. believes that ai has changed and has helped the development of the transport sector through increasing automation and greater integration and connectivity of transport networks; underlines that automation and the integration of ai vary between transport modes; ### 3. believes that ai has changed and helped the development of the transport sector through modernisations in automation and greater integration and connectivity of transport networks; underlines however , that automation and the integration of ai varies not only between transport modes but also between national infrastructures in place throughout the union; recalls the importance of due care and a human-centric approach for any action aimed towards full automation;


### 3. considers that their decision-making process must be traceable , so that the human decision-maker can be identified and held responsible where necessary; ### 3. considers that their decision-making process must be traceable , so that the human decision-maker can be identified and held responsible where necessary; reiterates that autonomous decision-making should not absolve humans from responsibility for an action;


### 4. stresses that states , parties to a conflict and individuals , when employing ai-enabled systems in warfare , must at all times adhere to their obligations under the applicable international law and remain accountable for actions resulting from the use of such systems; recalls that ai machines can under no circumstances be held accountable for intended , unintended or undesirable effects caused by ai-enabled systems on the battlefield; ### 4. stresses that states , parties to a conflict and individuals , when employing ai-enabled systems in warfare , must at all times adhere to their obligations under the applicable international law and remain accountable for actions resulting from the use of such systems; recalls that ai machines can under no circumstances be held accountable for intended , unintended or undesirable effects caused by ai-enabled systems on the battlefield and therefore human oversight in the application of ai-enabled systems in combat must be maintained;


### 5. supports the development and international standardisation of the automation of train operations; encourages the development of automated slot allocation in various transport modes and the use of ai in logistics and other areas of transport; ### 5. supports the development and international standardisation of the automation of train operations; encourages the development of automated slot allocation in various transport modes and the use of ai in logistics and other areas of transport , in particular cross-border , where national infrastructures allow for it;


### 6. welcomes the work of the single european sky atm research project (sesar) in the area of unmanned aircraft systems and air traffic management systems , both civil and military; stresses that global interoperability and harmonisation constitute a sine qua non for a safe , functional and secure global air traffic management system; encourages the commission and the member states to promote sesar internationally and to contribute to the work of international organisations such as icao or iata in this regard; ### 6. welcomes the work of the single european sky atm research project (sesar) in the area of unmanned aircraft systems and air traffic management systems , both civil and military; stresses that global interoperability and harmonisation on a technical level constitutes a sine qua non for a safe , functional and secure global air traffic management system; encourages the commission and the member states to promote sesar internationally and to contribute to the work of international organisations such as icao or iata in this regard;


### 7. calls on the commission and the member states to participate in the international regulatory activities and discussions on autonomous vehicles , especially in the area of safety , while ensuring cooperation among regulators and vehicle manufacturers relevant to the deployment of automated vehicles in road traffic in the eu; calls for standardised geographic input data and stresses the need for accuracy of such data; ### 7. calls on the commission and the member states to participate in the international regulatory activities and discussions on autonomous vehicles , especially in the area of safety , while ensuring cooperation among regulators and vehicle manufacturers relevant to the deployment of automated vehicles in road traffic in the eu; calls for a coherent approach for the gathering and use of geographic input data and stresses the need for accuracy of such data;


### 8. recalls the current comprehensive discussions in the international maritime organization on integrating new and emerging technologies , such as autonomous ships , in the regulatory framework; ### 8. recalls the current comprehensive discussions in the international maritime organization on effectively integrating new and emerging technologies where appropriate , such as autonomous ships , in the regulatory framework; recalls the importance of supporting and complementing where appropriate national efforts aimed towards improving and modernising existing infrastructure and resources , in accordance with member states;


### 9. stresses how intelligent transport systems mitigate traffic congestion and contribute to improving efficiency and mobility solutions; draws attention to the increased exposure of traditional transport networks to cyber threats; ### 9. stresses how intelligent transport systems mitigate traffic congestion and contribute to improving efficiency and mobility solutions; draws attention to the increased exposure of traditional transport networks to cyber threats; recalls the importance of a human-centric approach and further research and development of cyber-security software and other protective measures to ensure the safety of automated systems;


### 10. welcomes the efforts to introduce ai systems in the public sector and will support further discussions on ai deployment in transport; calls on the commission to carry out an evaluation of the transport sector and to compile a non-exhaustive list of high-risk segments in the context of ai systems replacing public decisions in this area; ### 10. welcomes the efforts to introduce ai systems in the public sector and will support further discussions on ai deployment in transport; calls on the commission to carry out an evaluation of the use of ai and similar technologies in the transport sector and to compile a non-exhaustive list of high-risk segments in the context of ai systems possibly replacing public decisions in this area;


### b. whereas the union and its member states have a particular responsibility to make sure that these technologies contribute to the well-being and general interest of their citizens; ### b. whereas the member states have a particular responsibility to make sure that these technologies contribute to the well-being and general interest of their citizens and whereas the union should help the member states to achieve this;


### 16. stresses that member states must ensure that the possession of highly sophisticated ai technologies by powerful private groups does result in the authority of the state being challenged , let alone usurped , by a private authority; ### 16. stresses that member states must , without significantly distorting the market , ensure that the possession of highly sophisticated ai technologies by powerful private groups does result in the authority of the state being challenged , let alone usurped , by a private authority , especially if those private groups are owned by a third country outside the european union;


### 18. takes the view that persons who have been the subject of a decision taken by a public authority based solely or largely on the output from an ai system should be informed thereof and should receive the information referred to in the preceding paragraph without delay; ### 18. takes the view that persons who have been the subject of a decision taken by a public authority based solely or largely on the output from an ai system should be informed thereof and should receive the information referred to in the preceding paragraph without delay and should have the right to appeal that decision and to opt for this appeal to be resolved without the intervention of an ai system;


### 20. insists , nevertheless , that all uses of ai in the area of public health must guarantee the protection of patients’ personal data and prevent the uncontrolled dissemination of those data; ### 20. insists , nevertheless , that all uses of ai in the area of public health must respect the human dignity of patients and staff and guarantee the protection of personal data and prevent the uncontrolled dissemination of those data;


### 21. urges that all uses of ai in the area of public health uphold the principle of the equal treatment of patients as regards the accessibility of and access to treatment , preserve the patient-doctor relationship and be consistent with the hippocratic oath at all times; ### 21. urges that all uses of ai in the area of public health uphold the principle of the equal treatment of patients as regards the accessibility of and access to treatment , preserve the patient-doctor relationship and be consistent with the hippocratic oath at all times such that the doctor is always able to deviate from the solution suggested by ai , maintaining responsibility for any decision;


### 22. notes that ai is increasingly being used in the field of justice , to enable judges to take decisions which are more rational and more in keeping with the law in force and to do so more quickly; ### 22. notes that ai is increasingly being used in the field of justice , to enable judges to take decisions which are more rational and more in keeping with the law in force and to do so more quickly; welcomes the fact that the use of ai is expected to speed up judicial proceedings;


### 23. calls , therefore , for the public to be informed of all such uses of ai in the field of justice and for those uses not to lead to discrimination resulting from programming and to uphold the right of every individual to have access to a judge , as well as the right of every judge to depart from the solution suggested by ai where he or she considers it necessary in light of the particulars of a case; ### 23. calls , therefore , for the public to be informed of all such uses of ai in the field of justice and for those uses not to lead to discrimination resulting from programming and to uphold the right of every individual to have access to a judge , as well as the right of every judge to depart from the solution suggested by ai where he or she considers it necessary and the right of the defendant to appeal the decision in accordance with national legislation , without ever eliminating the liability of the judiciary;


### 25. considers , however , that the public must be properly informed about the uses of ai in international private law and that these uses must not lead to discrimination through programming , which would result in one nation’s laws being systematically favoured over another’s; ### 25. considers , however , that the public must be properly informed about the uses of ai in international private law and that these uses must not lead to discrimination through programming , which would result in one nation’s laws being systematically favoured over another’s and must respect the rights of the court pre-determined by law , permit appeals in accordance with the applicable law and allow any judge to disregard the solution suggested by ai;


### 26. stresses that the circulation of autonomous vehicles in the european area , which is liable to give rise to a particularly high number of disputes under international private law , must be the subject of specific european rules stipulating the legal regime applicable in the event of transboundary damage; ### 26. stresses that the circulation of autonomous vehicles in the european area , which is liable to give rise to a particularly high number of disputes under international private law , must be the subject of specific european rules stipulating the legal regime applicable in the event of transboundary damage , with member states deciding whether or not to apply it;