### 4. insists that the regulation must proscribe content moderation practices that are discriminatory; ### 4. insists that the regulation must proscribe content moderation practices that are disproportionate or unduly go beyond the purpose of protection under the law;


### 4. insists that the regulation must proscribe content moderation practices that are discriminatory; ### 4. insists that the regulation must proscribe content moderation practices that are inadmissible or discriminatory or entail exploitation and exclusion;


### 5. underlines that eulas should always make the sharing of all data with third parties optional unless vital to the functioning of the services; asks the commission to ensure that consumers can still use a connected device for all its primary functions even if a consumer withdraws their consent to share non-operational data with the device manufacturer or third parties; ### 5. underlines that , under the terms of eulas , consumers should be free to give consent for sharing some or all of their data with third parties , unless there are legal grounds for the lawfulness of sharing of data; asks the commission to ensure that consumers can still use connected device for all its primary functions , even if consumers do not give or withdraw their consent to share non-operational data with the device manufacturer or third parties;


### 5. recommends the establishment of a european agency tasked with monitoring and enforcing compliance with contractual rights as regards content management , auditing any algorithms used for automated content moderation and curation , and imposing penalties for non-compliance; ### 5. recommends the establishment of a network of national authorities tasked with monitoring the practice of automated content filtering and curation , and reporting to the eu institutions;


### 5. recommends the establishment of a european agency tasked with monitoring and enforcing compliance with contractual rights as regards content management , auditing any algorithms used for automated content moderation and curation , and imposing penalties for non-compliance; ### 5. calls on the commission to take action with a view to monitoring and enforcing compliance with contractual rights as regards content management , auditing any algorithms used for automated content moderation and curation , and imposing penalties for non-compliance;


### 5. recommends the establishment of a european agency tasked with monitoring and enforcing compliance with contractual rights as regards content management , auditing any algorithms used for automated content moderation and curation , and imposing penalties for non-compliance; ### 5. asks from the european commission to monitor and enforce compliance with contractual rights as regards content management , to audit algorithms used for automated content moderation and curation and imposing penalties for non-compliance;


### 5. recommends the establishment of a european agency tasked with monitoring and enforcing compliance with contractual rights as regards content management , auditing any algorithms used for automated content moderation and curation , and imposing penalties for non-compliance; ### 5. recommends that procedures be established to enable intensive cooperation between the member states' authorities , the european commission , the private sector , academia and civil society on content moderation and continuous improvement;


### 6. suggests that content hosting platforms regularly submit transparency reports to the european agency , concerning the compliance of their terms and conditions with the provisions of the digital services act; further suggests that content hosting platforms publish their decisions on removing user-generated content on a publicly accessible database; ### 6. suggests that content hosting platforms regularly submit transparency reports to the european agency , concerning the compliance of their terms and conditions with the provisions of the digital services act; further suggests that content hosting platforms make available in an easy and accessible manner , their content policies and publish their decisions on removing user-generated content on a publicly accessible database;


### 6. suggests that content hosting platforms regularly submit transparency reports to the european agency , concerning the compliance of their terms and conditions with the provisions of the digital services act; further suggests that content hosting platforms publish their decisions on removing user-generated content on a publicly accessible database; ### 6. suggests that digital service providers regularly submit transparency reports to the network of national authorities and the european commission , concerning the compliance of their terms and conditions with the provisions of the digital services act , statistics and data related to the automated content filtering and their decisions on removing user-generated content on a publicly accessible database;


### 6. suggests that content hosting platforms regularly submit transparency reports to the european agency , concerning the compliance of their terms and conditions with the provisions of the digital services act; further suggests that content hosting platforms publish their decisions on removing user-generated content on a publicly accessible database; ### 6. suggests that platforms regularly provide aggregated data on content removal for the production of studies to help set appropriate content management rules; further suggests that the commission has , based on available data , continuously evaluated the timeliness of content management rights , transparent , binding and uniform standards and content moderation procedures;


### 6. suggests that content hosting platforms regularly submit transparency reports to the european agency , concerning the compliance of their terms and conditions with the provisions of the digital services act; further suggests that content hosting platforms publish their decisions on removing user-generated content on a publicly accessible database; ### 6. suggests that content hosting platforms regularly submit transparency reports to the european commission , concerning the compliance of their terms and conditions with the provisions of the digital services act; further suggests that content hosting platforms publish their decisions on removing user-generated content on a publicly accessible database;


### 7. notes the rise of “smart contracts” based on distributed ledger technologies; asks the commission to analyse if certain aspects of “smart contracts” should be clarified and if guidance should be given in order to ensure legal certainty for businesses and consumers; asks especially for the commission to work to ensure that such contracts with consumers are valid and binding throughout the union; that they meet the standards of consumer law , for example the right of withdrawal under directive 2011/83/eu4 ; and that they are not subject to national barriers to application , such as notarisation requirements; ### 7. notes the rise of “smart contracts” based on distributed ledger technologies; asks the commission to analyse certain aspects of “smart contracts” , that need to be clarified and provide guidance thereabout , in order to ensure legal certainty for businesses and consumers; asks especially for the commission to work to ensure that such contracts with consumers are valid and binding throughout the union; that they meet the standards of consumer law , for example the right of withdrawal under directive 2011/83/eu4; and that "smart contracts" are not subject to national barriers to application when it comes to their validity requirements as consumer contracts;


### 7. recommends the establishment of independent dispute settlement bodies tasked with settling disputes regarding content moderation; ### 7. considers the establishment of independent dispute settlement bodies in the member states , tasked with settling disputes regarding content moderation;


### 8. stresses that any future legislative proposals should seek to remove current and prevent potentially new barriers in the supply of digital services by online platforms; underlines , at the same time , that new union obligations on platforms must be proportional and clear in nature in order to avoid unnecessary regulatory burdens or unnecessary restrictions; underlines the need to prevent gold-plating practices of union legislation by member states. ### 8. stresses that any future legislative proposals should seek to remove current and prevent potentially new unjustified barriers in the supply of digital services by online platforms , as well as foster an online environment free of illegal content that would be detrimental to union consumers and the economy of the union; underlines , at the same time , that new union obligations on platforms must be proportional and clear in nature in order to avoid unnecessary regulatory burdens or unnecessary restrictions; underlines the need to prevent gold-plating practices of union legislation by member states.


### 8. takes the firm position that the digital services act must not contain provisions forcing content hosting platforms to employ any form of fully automated ex-ante controls of content , and considers that any such mechanism voluntarily employed by platforms must be subject to audits by the european agency to ensure that there is compliance with the digital services act; ### 8. takes the firm position that , where a platform uses a mechanism for fully automated ex-ante controls of content , it must be subject to checks on the legality of that mechanism;


### 8. takes the firm position that the digital services act must not contain provisions forcing content hosting platforms to employ any form of fully automated ex-ante controls of content , and considers that any such mechanism voluntarily employed by platforms must be subject to audits by the european agency to ensure that there is compliance with the digital services act; ### 8. takes the firm position that the digital services act must not contain provisions forcing content hosting platforms to employ any form of fully automated ex-ante controls of content , and considers that any such mechanism voluntarily employed by platforms must be subject to audits by the european commission to ensure that there is compliance with the digital services act;


### 8. takes the firm position that the digital services act must not contain provisions forcing content hosting platforms to employ any form of fully automated ex-ante controls of content , and considers that any such mechanism voluntarily employed by platforms must be subject to audits by the european agency to ensure that there is compliance with the digital services act; ### 8. takes the position that the digital services act must not contain provisions forcing digital service providers to employ automated filtering mechanism that goes beyond the level of protection required by the law , however encourages digital service providers to employ such a mechanism in order to combat against illegal content online;


### a. whereas digital services , being a cornerstone of the union’s economy and the livelihood of a large number of its citizens , need to be regulated in a way that balances central concerns like respect for fundamental rights and other rights of citizens , with the need to support development and economic progress; ### a. whereas digital services , being a cornerstone of the union’s economy and the livelihood of a large number of its citizens , need to be regulated in a way that balances central concerns like respect for fundamental rights and other rights of citizens , with the need to support development and economic progress , taking into account the interests of users and all market participants , with particular regard to small businesses , smes and start-ups;


### b. whereas a number of key civil and commercial law aspects have not been addressed satisfactorily in union or national law , and whereas this situation is exacerbated by the rapid and accelerating developments over the last decades in the field of digital services , in particular the emergence of new business models; ### b. whereas european society has been facing increasingly rapid developments in digital services in recent decades and , in particular , the emergence of new business models , technologies and social realities; whereas , in this context , union and national law require the comprehensive updating of the essential provisions of civil and commercial law applicable to online commercial entities;


### d. whereas ex-post competition law enforcement alone cannot effectively address the impact of the market dominance of certain online platforms on fair competition in the digital single market; ### deleted


### f. whereas content hosting platforms may determine what content is shown to their users , thereby profoundly influencing the way we obtain and communicate information , to the point that content hosting platforms have de facto become public spaces in the digital sphere; whereas public spaces must be managed in a manner that respects fundamental rights and the civil law rights of the users; ### f. whereas content hosting platforms may determine what content is shown to their users , thereby profoundly influencing the way we obtain and communicate information , to the point that content hosting platforms have de facto become public spaces in the digital sphere; whereas public spaces must be managed in a manner that respects fundamental rights , in particular the one to freedom of expression and information , and the civil law rights of the users;


### f. whereas content hosting platforms may determine what content is shown to their users , thereby profoundly influencing the way we obtain and communicate information , to the point that content hosting platforms have de facto become public spaces in the digital sphere; whereas public spaces must be managed in a manner that respects fundamental rights and the civil law rights of the users; ### f. whereas content hosting platforms may determine what content is shown to their users , thereby profoundly influencing the way we obtain and communicate information , to the point that content hosting platforms have de facto become public spaces in the digital sphere; whereas public spaces must be managed in a manner that protects public health and user safety and respects fundamental rights and the civil law rights of the users;


### f. whereas content hosting platforms may determine what content is shown to their users , thereby profoundly influencing the way we obtain and communicate information , to the point that content hosting platforms have de facto become public spaces in the digital sphere; whereas public spaces must be managed in a manner that respects fundamental rights and the civil law rights of the users; ### f. whereas content hosting platforms may determine what and how content , services and products are shown to their users , thereby profoundly influencing the way we obtain and communicate information , to the point that a few content hosting platforms have de facto become public spaces in the digital sphere; whereas public spaces must be managed in a manner that respects fundamental rights and the civil law rights of the users;


### f. whereas content hosting platforms may determine what content is shown to their users , thereby profoundly influencing the way we obtain and communicate information , to the point that content hosting platforms have de facto become public spaces in the digital sphere; whereas public spaces must be managed in a manner that respects fundamental rights and the civil law rights of the users; ### f. whereas certain platforms may determine what content is shown to their users , thereby profoundly influencing the way we obtain and communicate information , to the point that content hosting platforms have de facto become public spaces in the digital sphere; whereas public spaces must be managed in a manner that respects the rights of the users;


### g. whereas upholding the law in the digital world does not only involve effective enforcement of rights , but also , in particular , ensuring access to justice for all; whereas delegation of the taking of decisions regarding the legality of content or of law enforcement powers to private companies can undermine the right to a fair trial and risks not to provide an effective remedy; ### g. whereas upholding the law in the digital world does not only involve effective enforcement of rights; whereas taking of decisions of digital service providers should be complemented by a fast-track legal procedure with adequate guarantees;


### h. whereas content hosting platforms often employ automated content removal mechanisms that raise legitimate rule of law concerns , in particular when they are encouraged to employ such mechanisms pro-actively and voluntarily , resulting in content removal taking place without a clear legal basis , which is in contravention of article 10 of the european convention on human rights , stating that formalities , conditions , restrictions or penalties governing the exercise of freedom of expression and information must be prescribed by law; ### deleted


### h. whereas content hosting platforms often employ automated content removal mechanisms that raise legitimate rule of law concerns , in particular when they are encouraged to employ such mechanisms pro-actively and voluntarily , resulting in content removal taking place without a clear legal basis , which is in contravention of article 10 of the european convention on human rights , stating that formalities , conditions , restrictions or penalties governing the exercise of freedom of expression and information must be prescribed by law; ### h. whereas , while removing unlawful content , content hosting platforms often cannot operate without mechanisms for the automatic detection and removal of content in other cases where content removal has no clear legal basis and is done proactively and voluntarily; whereas the removal of content by content hosting platforms may raise legitimate concerns in terms of respect for the rule of law and compliance with article 10 of the european convention on human rights , stating that formalities , conditions , restrictions or penalties governing the exercise of freedom of expression and information must be prescribed by law;


### i. whereas the civil law regimes governing content hosting platforms’ practices in content moderation are based on certain sector-specific provisions at union level as well as on laws passed by member states at national level , and there are notable differences in the obligations imposed on content hosting platforms and in the enforcement mechanisms of the various civil law regimes; whereas this situation requires a response at union level; ### i. whereas the civil law regimes governing content hosting platforms’ practices in content moderation are based on certain sector-specific provisions at union level as well as on laws passed by member states at national level , and there are notable differences in the obligations imposed on content hosting platforms and in the enforcement mechanisms of the various civil law regimes; whereas this situation has led to a fragmented set of rules , which requires a response at union level with a view to harmonising legislation;


### j. whereas the current business model of certain content hosting platforms is to promote content that is likely to attract the attention of users and therefore generate more profiling data in order to offer more effective targeted advertisements and thereby increase profit; whereas this profiling coupled with targeted advertisement often leads to the amplification of content based on addressing emotions , often giving rise to sensation in news feed and recommendation systems; ### j. whereas the current business model of certain content hosting platforms is to promote content that is likely to attract the attention of users and therefore generate more profiling data in order to offer more effective targeted advertisements and thereby increase profit; whereas this profiling coupled with targeted advertisement often leads to the amplification of content based on addressing emotions , often giving rise to sensation in news feed and recommendation systems , resulting in the possible manipulation of users;


### 9. considers that the user-targeted amplification of content based on the views or positions presented in such content is one of the most detrimental practices in the digital society , especially in cases where the visibility of such content is increased on the basis of previous user interaction with other amplified content and with the purpose of optimising user profiles for targeted advertisements; ### 9. considers that the user-targeted amplification of content based on the views or positions presented in such content is one of the most detrimental practices in the digital society , especially in cases where the visibility of such content is increased on the basis of previous user interaction with other amplified content and with the purpose of optimising user profiles for targeted advertisements; considers in this respect that new rules should , on top of bringing transparency and fairness , secure access to diverse and quality content in today’s digital environment and calls on the commission to propose safeguards ensuring quality media content is easy to access and easy to find on third party platforms.


### 9. considers that the user-targeted amplification of content based on the views or positions presented in such content is one of the most detrimental practices in the digital society , especially in cases where the visibility of such content is increased on the basis of previous user interaction with other amplified content and with the purpose of optimising user profiles for targeted advertisements; ### 9. considers that the user-targeted amplification of content based on the views or positions presented in such content is a practice on which further monitoring might be required therefore the commission should pay attention to and analysis the impact of cases where the visibility of such content is increased on the basis of previous user interaction with other amplified content and with the purpose of optimising user profiles for targeted advertisements;


### 10. is of the view that the use of targeted advertising must be regulated more strictly in favour of less intrusive forms of advertising that do not require extensive tracking of user interaction with content; ### deleted


### 10. is of the view that the use of targeted advertising must be regulated more strictly in favour of less intrusive forms of advertising that do not require extensive tracking of user interaction with content; ### 10. is of the view that the use of targeted advertising must be regulated more strictly in favour of less intrusive forms of advertising that do not require extensive tracking of user interaction with content and that behavioural advertising should depend on the users´ consent;


### 11. recommends , therefore , that the digital services act set clear boundaries as regards the terms for accumulation of data for the purpose of targeted advertising , especially when data are tracked on third party websites; ### 11. recommends , therefore , that the digital services act introduces rules in order to enhance transparency related to targeted advertising , especially when data are tracked on third party websites;


### 11. recommends , therefore , that the digital services act set clear boundaries as regards the terms for accumulation of data for the purpose of targeted advertising , especially when data are tracked on third party websites; ### 11. recommends , therefore , that the european legal framework set clear boundaries as regards the terms for accumulation of data for the purpose of targeted advertising , especially when data are tracked on third party websites;


### - the proposal aims to strengthen the contractual rights in relation to content moderation and curation. ### - the proposal aims to bring clarity on the contractual rights in relation to content moderation and curation.


### - the proposal aims to further address unfair terms and conditions used for the purpose of digital services. ### - the proposal aims to further address the inadmissible and unfair terms and conditions used for the purpose of digital services.


### - the proposal addresses the importance of fair implementation of the rights of users as regards interoperability and portability. ### deleted


### - the proposal addresses the necessity for the proper regulation of civil and commercial law aspects of distributed ledger technologies , including block chains and , in particular , smart contracts. ### - the proposal raises the need for assessment in the field of distributed ledger technologies , including block chains and smart contracts.


### - the proposal raises the importance of private international law rules that provide legal clarity and certainty with respect to non-negotiable terms and conditions used by online platforms and rights to access to data so that access to justice is appropriately guaranteed. ### - the proposal raises the importance of bringing clarity on the non-negotiable terms and conditions used by online platforms , ensure the right to access to data and guarantee the access to justice.


### the key elements of the proposals to be included in the digital services act should be: ### the digital services act should reflect among others the following elements of the proposals , on the basis of a proper public consultation and impact analysis:


### a regulation ‘on contractual rights as regards content management’ and that contains the following elements: ### a regulation that contains the following elements:


### a regulation ‘on contractual rights as regards content management’ and that contains the following elements: ### a regulation ‘on contractual rights of users of content hosting platforms’ and that contains the following elements:


### - it should provide principles for content moderation , including as regards discriminatory content moderation practices. ### - it should provide principles for content moderation.


### - it should provide formal and procedural standards for a notice and action system. ### - it should provide formal and procedural standards for a deterrent and a notice-and-action mechanism.


### - it should provide formal and procedural standards for a notice and action system. ### - it should provide standards for a notice and action system by following a sector-specific approach.


### - it should provide for an independent dispute settlement mechanism. ### - it should provide rules for an independent dispute settlement mechanism by respecting the national competences of the member states.


### a european agency on content management should be established with the following main tasks: ### an independent european content management expert committee , composed of experts from the member states , independent academics and experts on online platforms , should be established and should:


### a european agency on content management should be established with the following main tasks: ### the commission should initiate action with a view to establishing a content management mechanism with the following main tasks:


### a european agency on content management should be established with the following main tasks: ### the european commission should conduct the following tasks:


### a european agency on content management should be established with the following main tasks: ### a network of national authorities should be established with the following main tasks:


### - regular auditing of the algorithms employed by content hosting platforms for the purpose of content moderation as well as curation; ### deleted


### - regular auditing of the algorithms employed by content hosting platforms for the purpose of content moderation as well as curation; ### - regular monitoring of the algorithms employed by content hosting platforms for the purpose of content moderation as well as curation;


### - regular review of the compliance of content hosting platforms with the regulation and other provisions that form part of the digital services act , in particular as regards the correct implementation of the standards for notice-and-action procedures and content moderation in their terms and conditions , on the basis of transparency reports provided by the content hosting platforms and the public database of decisions on removal of content to be established by the digital services act; ### deleted


### - regular review of the compliance of content hosting platforms with the regulation and other provisions that form part of the digital services act , in particular as regards the correct implementation of the standards for notice-and-action procedures and content moderation in their terms and conditions , on the basis of transparency reports provided by the content hosting platforms and the public database of decisions on removal of content to be established by the digital services act; ### - regular review of the transparency reports provided by the content hosting platforms and the public database of decisions on removal of content to be established by the digital services act;


### - imposing fines for non-compliance with the digital services act. fines should be set at up to 4 % of the total worldwide annual turnover of the content hosting intermediary and take into account the platform’s overall compliance with the digital services act. the fines should contribute to a special dedicated fund intended to finance the operating costs of the dispute settlement bodies described in the regulation. instances of non-compliance should include: ### deleted


### - imposing fines for non-compliance with the digital services act. fines should be set at up to 4% of the total worldwide annual turnover of the content hosting intermediary and take into account the platform’s overall compliance with the digital services act. the fines should contribute to a special dedicated fund intended to finance the operating costs of the dispute settlement bodies described in the regulation. instances of non-compliance should include: ### - regular reviewing the fines imposed by national authorities for non-compliance with the digital services act. instances of non-compliance should include:


### - imposing fines for non-compliance with the digital services act. fines should be set at up to 4% of the total worldwide annual turnover of the content hosting intermediary and take into account the platform’s overall compliance with the digital services act. the fines should contribute to a special dedicated fund intended to finance the operating costs of the dispute settlement bodies described in the regulation. instances of non-compliance should include: ### - reporting to the commission detected non-compliance with the rules established by the digital services act including publishing biannual reports on all of its activities.


### - failure to implement the notice-and-action system provided for in the regulation; ### deleted


### - failure to provide transparent , accessible and non-discriminatory terms and conditions; ### deleted


### - failure to provide transparent , accessible and non-discriminatory terms and conditions; ### - failure to provide transparent , accessible , fair and non-discriminatory terms and conditions;


### - failure to provide access for the european agency to content moderation and curation algorithms for review; ### deleted


### - failure to provide access for the european agency to content moderation and curation algorithms for review; ### - failure to provide access for the european commission to content moderation and curation algorithms for review;


### - failure to submit transparency reports to the european agency; ### deleted


### - failure to submit transparency reports to the european agency; ### - failure to submit transparency reports to the european commission;


### - publishing biannual reports on all of its activities. ### deleted


### the digital services act should contain provisions requiring content hosting platforms to regularly provide transparency reports to the agency. such reports should , in particular , include: ### the digital services act should contain provisions requiring content hosting platforms to regularly provide transparency reports to the commission and the network of national authorities. such reports should , in particular , include:


### the digital services act should contain provisions requiring content hosting platforms to regularly provide transparency reports to the agency. such reports should , in particular , include: ### the digital services act should contain provisions requiring content hosting platforms to regularly provide transparency reports to the commission. such reports should , in particular , include:


### the digital services act should contain provisions requiring content hosting platforms to regularly provide transparency reports to the agency. such reports should , in particular , include: ### the digital services act should contain provisions requiring content hosting platforms to regularly provide transparency reports to the committee. such reports should , in particular , include:


### measures regarding content curation , data and online advertisements in breach of fair contractual rights of users should include: ### measures regarding content curation , data and online advertisements , including political advertising to achieve politically motivated goals , in breach of fair contractual rights of users should include:


### measures regarding content curation , data and online advertisements in breach of fair contractual rights of users should include: ### measures regarding content curation , data and online advertisements should include:


### - measures to limit the data collected by content hosting platforms , based on interactions of users with content hosted on content hosting platforms , for the purpose of completing targeted advertising profiles , in particular by imposing strict conditions for the use of targeted personal advertisements. ### - measures to limit the data collected by content hosting platforms , based on interactions of users with content hosted on content hosting platforms , for the purpose of completing targeted advertising profiles , in particular by imposing strict conditions for the use of targeted personal advertisements , while in the case of political advertising , the measures should be limited to the requirement of transparency in terms of clearly identifying political advertising , the possibility of identifying its sponsor and the entity in whose favour the advertisement was commissioned , and the obligation to indicate that it is political advertising should fall to its sponsor and be backed up by appropriate enforcement tools.


### the path to fair implementation of the rights of users as regards interoperability and portability should include: ### deleted


### - an assessment of the possibility of defining fair contractual conditions to facilitate data sharing with the aim of addressing imbalances in market power , in particular through the interoperability and portability of data. ### deleted


### - an assessment of the possibility of defining fair contractual conditions to facilitate data sharing with the aim of addressing imbalances in market power , in particular through the interoperability and portability of data. ### - an assessment of the possibility of defining fair contractual conditions to facilitate and promote data sharing with the aim of addressing imbalances in market power , in particular through the interoperability and portability of data.


### - measures ensuring that the proper legislative framework is in place for the development and deployment of digital services making use of distributed ledger technologies , including block chains , and in particular for smart contracts , ### - measures ensuring that the proper legislative framework is in place for the development and deployment of digital services including distributed ledger technologies such as block chains and smart contracts ,


### - measures ensuring that smart contracts are fitted with mechanisms that can halt their execution , in particular given concerns of the weaker party and in respect for the rights of creditors in insolvency and restructuring. ### deleted


### - measures ensuring that smart contracts are fitted with mechanisms that can halt their execution , in particular given concerns of the weaker party and in respect for the rights of creditors in insolvency and restructuring. ### - measures ensuring that smart contracts are fitted with mechanisms that can halt their execution , in particular given private concerns of the weaker party or public concerns related to cartelisation and in respect for the rights of creditors in insolvency and restructuring.


### the path to equitable private international law rules that do not deprive users of access to justice should: ### deleted


### - include measures ensuring that non-negotiable terms and conditions do not include provisions regulating private international law matters to the detriment of access to justice , ### deleted


### - include measures clarifying private international law rules as regards data in a way that is not detrimental to union subjects , ### deleted


### - build on multilateralism and , if possible , be agreed in the appropriate international fora. ### deleted


### only where it proves impossible to achieve a solution based on multilateralism in reasonable time , should measures applied within the union be proposed , in order to ensure that the use of digital services in the union is fully governed by union law under the jurisdiction of union courts. ### deleted


### (1) the terms and conditions that providers of information society services apply in relations with users are often non-negotiable and can be unilaterally amended by those providers. action at a legislative level is needed to put in place minimum standards for such terms and conditions , in particular as regards procedural standards for content management; ### (1) the terms and conditions that digital service providers apply in relations with users are often non-negotiable and can be unilaterally amended by those providers. action at a legislative level is needed to put in place minimum standards for such terms and conditions , in particular as regards procedural standards for content management;


### (2) the civil law regimes governing the practices of content hosting platforms as regards content moderation are based on certain sector-specific provisions at union level as well as on laws passed by member states at national level , and there are notable differences in the obligations imposed by those civil law regimes on content hosting platforms and in their enforcement mechanisms. ### (2) the civil law regimes governing the practices of content hosting platforms as regards content moderation are based on certain sector-specific provisions at union level as well as on laws passed by member states at national level , and there are notable differences in the obligations imposed by those civil law regimes on content hosting platforms and in their enforcement mechanisms. this has resulted in a fragmented regulatory framework at union level impeding the development of european businesses in the digital single market.


### (5) concerning relations with users , this regulation should lay down minimum standards for the transparency and accountability of terms and conditions of content hosting platforms. terms and conditions should include transparent , binding and uniform standards and procedures for content moderation , which should guarantee accessible and independent recourse to judicial redress. ### (5) concerning relations with users , this regulation should lay down minimum standards for the transparency and accountability of terms and conditions of content hosting platforms. terms and conditions should be clear accessible , intelligible and unambiguous and include transparent , binding and uniform standards and procedures for content moderation , which should guarantee accessible and independent recourse to judicial redress.


### (5) concerning relations with users , this regulation should lay down minimum standards for the transparency and accountability of terms and conditions of content hosting platforms. terms and conditions should include transparent , binding and uniform standards and procedures for content moderation , which should guarantee accessible and independent recourse to judicial redress. ### (5) concerning relations with users , this regulation should lay down minimum standards for the transparency and accountability of terms and conditions of content hosting platforms. terms and conditions should include transparent standards and procedures for content moderation , which should guarantee accessible and independent recourse to judicial redress.


### (6) user-targeted amplification of content based on the views in such content is one of the most detrimental practices in the digital society , especially when such content is amplified on the basis of previous user interaction with other amplified content and with the purpose of optimising user profiles for targeted advertisements. ### deleted


### (7) in order to ensure , inter alia , that users can assert their rights they should be given an appropriate degree of influence over the curation of content made visible to them , including the possibility to opt out of any content curation altogether. in particular , users should not be subject to curation without specific consent. ### (7) in order to ensure , inter alia , that users can assert their rights they should be given an appropriate degree of influence over the curation of content made visible to them , including the possibility to opt out of any content curation altogether. in particular , users should not be subject to curation without freely given , specific , informed and unambiguous consent.


### (9) this regulation should not contain provisions forcing content hosting platforms to employ any form of fully automated ex-ante control of content. ### deleted


### (10) this regulation should also include provisions against discriminatory content moderation practices , especially when user-created content is removed based on appearance , ethnic origin , gender , sexual orientation , religion or belief , disability , age , pregnancy or upbringing of children , language or social class. ### (10) this regulation should also include provisions against unjustified content moderation practices.


### (10) this regulation should also include provisions against discriminatory content moderation practices , especially when user-created content is removed based on appearance , ethnic origin , gender , sexual orientation , religion or belief , disability , age , pregnancy or upbringing of children , language or social class. ### (10) this regulation should also include provisions against inadmissible discriminatory practices , exploitation or exclusion , for the purposes of content moderation , especially when user-created content is removed based on appearance , ethnic origin , gender , sexual orientation , religion or belief , disability , age , pregnancy or upbringing of children , language or social class.


### (11) the right to issue a notice pursuant to this regulation should remain with any natural or legal person , including public bodies , to which content is provided through a website or application. a content hosting platform should , however , be able to block a user who repeatedly issues false notices from issuing further notices. ### (11) the right to issue a notice pursuant to this regulation should remain with any natural or legal person , including public bodies , to which content is provided through a website or application.


### (12) after a notice has been issued , the uploader should be informed about it and in particular about the reason for the notice , be provided information about the procedure , including about appeal and referral to independent dispute settlement bodies , and about available remedies in the event of false notices. such information should , however , not be given if the content hosting platform has been informed by public authorities about ongoing law enforcement investigations. in such case , it should be for the relevant authorities to inform the uploader about the issue of a notice , in accordance with applicable rules. ### deleted


### (14) given the immediate nature of content hosting and the often ephemeral purpose of content uploading , it is necessary to establish independent dispute settlement bodies for the purpose of providing quick and efficient extra-judicial recourse. such bodies should be competent to adjudicate disputes concerning the legality of user-uploaded content and the correct application of terms and conditions. ### (14) given the immediate nature of content hosting and the often ephemeral purpose of content uploading , it is necessary to establish independent dispute settlement bodies for the purpose of providing quick and efficient recourse , however such process should not prevent the user right of access to justice.


### (15) in order to ensure that users and notifiers to make use of referral to independent dispute settlement bodies as a first step , it must be emphasised that such referral should not preclude any subsequent court action. given that content hosting platforms which enjoy a dominant position on the market can particularly gain from the introduction of independent dispute settlement bodies , it is appropriate that they take responsibility for the financing of such bodies. ### (15) in order to ensure that users and notifiers to make use of referral to independent dispute settlement bodies as a first step , it must be emphasised that such referral should not preclude any subsequent court action ensuring full respect for related rights.


### (17) as regards jurisdiction , the competent independent dispute settlement body should be that located in the member state in which the content forming the subject of the dispute has been uploaded. ### (17) circumstances on the basis of which jurisdiction should be established must be in the interests of the users , so that both the place where the content has been uploaded and downloaded shall be deemed to constitute a ground of jurisdiction.


### (18) whistleblowing helps to prevent breaches of law and detect threats or harm to the general interest that would otherwise remain undetected. providing protection for whistleblowers plays an important role in protecting freedom of expression , media freedom and the public’s right to access information. directive (eu) 2019/1937 should therefore apply to the relevant breaches of this regulation. accordingly , that directive should be amended. ### deleted


### (20) since the objective of this regulation , namely to establish a regulatory framework for contractual rights as regards content management in the union , cannot be sufficiently achieved by the member states but can rather , by reason of its scale and effects , be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union. in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve that objective. ### (20) since the objective of this regulation can , be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity asset out in article 5 of the treaty on european union. in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve that objective.


### (21) action at union level as set out in this regulation would be substantially enhanced with the establishment of a union agency tasked with monitoring and ensuring compliance by content hosting platforms with the provisions of this regulation. the agency should review compliance with the standards laid down for content management on the basis of transparency reports and an audit of algorithms employed by content hosting platforms for the purpose of content management ‒ ### deleted


### (21) action at union level as set out in this regulation would be substantially enhanced with the establishment of a union agency tasked with monitoring and ensuring compliance by content hosting platforms with the provisions of this regulation. the agency should review compliance with the standards laid down for content management on the basis of transparency reports and an audit of algorithms employed by content hosting platforms for the purpose of content management. ### (21) action at union level as set out in this regulation would be substantially enhanced with the creation of an independent european expert committee to propose measures to increase transparency , competitiveness and the growth of micro , small and medium-sized enterprises , in cooperation with member states , the private sector , european academia and civil society. the committee should review compliance with the standards laid down for content management on the basis of transparency reports employed by content hosting platforms for the purpose of content management.


### (21) action at union level as set out in this regulation would be substantially enhanced with the establishment of a union agency tasked with monitoring and ensuring compliance by content hosting platforms with the provisions of this regulation. the agency should review compliance with the standards laid down for content management on the basis of transparency reports and an audit of algorithms employed by content hosting platforms for the purpose of content management , ### (21) action at union level as set out in this regulation would be substantially enhanced with the establishment by the commission of a mechanism for monitoring and ensuring compliance by content hosting platforms with the provisions of this regulation. the commission should review compliance with the standards laid down for content management on the basis of transparency reports and an audit of algorithms employed by content hosting platforms for the purpose of content management;


### the purpose of this regulation is to contribute to the proper functioning of the internal market by laying down rules to ensure that fair contractual rights exist as regards content management and to provide independent dispute settlement mechanisms for disputes regarding content management. ### the purpose of this regulation is to contribute to the proper functioning of the internal market by laying down rules to provide digital services providers with a clear , uniform , and up-to-date innovation friendly regulatory framework in the single market , to protect , enable , and empower users when accessing digital services and to ensure the necessary cooperation among member states in order to have an oversight of digital service providers in the eu.


### this regulation applies to the management by content hosting platforms of content that is accessible on websites or through smart phone applications in the union , irrespective of the place of establishment or registration , or principal place of business of the content hosting platform. ### this regulation applies to providers offering digital service accessible on websites or through smart phone applications in the union , irrespective of the place of establishment or registration , or principal place of business of the content hosting platform , in particular online platforms such as social media , search engines , online marketplaces or collaborative economy services


### (1) ‘content hosting platform’ means an information society service within the meaning of point (b) of article 1(1) of directive (eu) 2015/1535 of the european parliament and of the council1 of which the main or one of the main purposes is to allow signed-up or non-signed-up users to upload content for display on a website or application; ### (1) ‘content hosting platform’ means a provider of information society services consisting of the storage of information provided by the recipient of the service at his or her request , within the meaning of article 14 of directive 2000/31/ec ,irrespective of its place of establishment , which directs its activities to users residing in the union;


### (2) ‘content’ means any concept , idea , expression or information in any format such as text , images , audio and video; ### (2) 'illegal content' means any information which is not in compliance with union law or the law of a member state concerned;


### (6) ‘terms and conditions’ means all terms , conditions or specifications , irrespective of their name or form , which govern the contractual relationship between the content hosting platform and its users and which are unilaterally determined by the content hosting platform; ### (6) ‘terms and conditions’ means all terms , conditions or specifications , irrespective of their name or form , which govern the contractual relationship between the platform and its users and which are unilaterally determined by the online intermediary service provider or on the basis of an overall assessment , for which the relative size of the parties concerned , the fact that negotiations were held or that certain provisions could have been negotiated and determined together by the relevant provider and the undertaking using the online intermediation services is not in itself decisive;


### 1. content management shall be conducted in a fair , lawful and transparent manner. content management practices shall be appropriate , relevant and limited to what is necessary in relation to the purposes for which the content is managed. ### 1. content management shall be conducted in a fair , lawful and transparent manner. content management practices shall be appropriate , relevant and limited to what is necessary in relation to the purposes for which the content is managed , whilst ensuring respect for the principle of accountability.


### 1. content management shall be conducted in a fair , lawful and transparent manner. content management practices shall be appropriate , relevant and limited to what is necessary in relation to the purposes for which the content is managed. ### 1. content management shall be conducted in a fair , lawful and transparent manner. content management practices shall be appropriate , relevant and proportionate to what is necessary in relation to the purposes for which the content is managed.


### 2. users shall not be subjected to discriminatory content moderation practices by the content hosting platforms , such as removal of user-generated content based on appearance , ethnic origin , gender , sexual orientation , religion or belief , disability , age , pregnancy or upbringing of children , language or social class. ### deleted


### 2. users shall not be subjected to discriminatory content moderation practices by the content hosting platforms , such as removal of user-generated content based on appearance , ethnic origin , gender , sexual orientation , religion or belief , disability , age , pregnancy or upbringing of children , language or social class. ### 2. users shall not be subjected to inadmissible or discriminatory practices , exploitation or exclusion , for the purposes of content moderation by the content hosting platforms , such as removal of user-generated content based on appearance , ethnic origin , gender , sexual orientation , religion or belief , disability , age , pregnancy or upbringing of children , language or social class.


### a content hosting platform may block a user who repeatedly issues false notices from issuing further notices. ### deleted


### a content hosting platform may block a user who repeatedly issues false notices from issuing further notices. ### a content hosting platform has to take effective measures to tackle systematic abusive behaviour in particular by blocking a user who repeatedly issues false notices from issuing further notices.


### content hosting platforms shall include in their terms and conditions sufficient information regarding notice procedures , in particular: ### content hosting platforms shall include in their terms and conditions clear , accessible , intelligible and unambiguous information regarding notice procedures , in particular:


### upon a notice being issued , and before any decision on the content has been made , the uploader of the content in question shall receive the following information: ### the uploader of the content forming the subject of the notification shall receive from the content hosting platform the following information:


### 1. content hosting platforms shall ensure that decisions on notifications are taken without undue delay following the necessary investigations. ### 1. content hosting platforms shall ensure that decisions on notifications are taken without undue delay following the necessary investigations. in the case of notifications from trusted flaggers , content hosting platforms may use shortened procedures.


### whether the decision was made by a human or an algorithm; ### whether the decision was made by a human or an algorithm and in the latter case the mechanisms through which human oversight was ensured;


### stay-up principle ### stay-down principle


### without prejudice to judicial or administrative orders regarding content online , content that has been the subject of a notice shall remain visible until a final decision has been taken regarding its removal or takedown. ### deleted


### without prejudice to judicial or administrative orders regarding content online , content that has been the subject of a notice shall remain visible until a final decision has been taken regarding its removal or takedown. ### without prejudice to judicial or administrative orders regarding illegal activities´ online , content that has been the subject of a notice and action procedure shall be removed and remain invisible to the public until a final decision has been taken regarding its removal or takedown.


### 1. member states shall establish independent dispute settlement bodies for the purpose of providing quick and efficient extra-judicial recourse when decisions on content moderation are appealed against. ### 1. member states may establish independent dispute settlement bodies for the purpose of providing quick and efficient extra-judicial recourse when decisions on content moderation are appealed against.


### 4. content hosting platforms that enjoy a dominant position on the market shall contribute financially to the operating costs of the independent dispute settlement bodies through a dedicated fund. ### deleted


### 3. as regards jurisdiction , the competent independent dispute settlement body shall be that located in the member state in which the content that is the subject of the dispute has been uploaded. ### deleted


### article 17 ### deleted


### 1. member states shall provide the commission with all relevant information regarding the implementation and application of this regulation. on the basis of the information provided , the commission shall , by ... [three years after entry into force of this regulation] , submit a report to the european parliament and to the council on the implementation and application of this regulation and consider the need for additional measures , including , where appropriate , amendments to this regulation. ### 1. member states shall provide the commission with all relevant information regarding the implementation and application of this regulation. on the basis of the information provided and of public consultation , the commission shall , by ... [three years after entry into force of this regulation] , submit a report to the european parliament and to the council on the implementation and application of this regulation and consider the need for additional measures , including , where appropriate , amendments to this regulation.


### a. whereas the eu mandate , adopted by the council on 25 february , lays the groundwork for a comprehensive new partnership forming a coherent structure and an overall governance framework; ### a. whereas the political declaration is the yardstick for the negotiations and establishes the parameters of an ambitious , broad , deep and flexible partnership across trade and economic cooperation with a comprehensive and balanced free trade agreement at its core , law enforcement and criminal justice , foreign policy , security and defence and wider areas of cooperation; whereas the eu mandate , adopted by the council on 25 february on that basis , constitutes the negotiating framework that envisages a strong and comprehensive partnership between the eu and the uk , forming a coherent structure and an overall governance framework; whereas the eu will not accept the uk's piecemeal approach , which seeks to negotiate a series of separate , self-standing agreements;


### 2. believes that the new agreement should take into account the needs of the regions affected by brexit , especially those sharing a land or sea border with the uk , such as the border regions of ireland and the coastal regions along the channel and the north sea; ### 2. believes that the new agreement should take into account the needs of the regions affected by brexit , especially those sharing a land or sea border with the uk , such as the border regions of ireland , the coastal regions along the channel and the north sea and andalusia;


### 2. stresses that the full implementation of the withdrawal agreement , including the protocol on northern ireland , is a prerequisite for and a basic component of a future partnership between the eu and the uk; expresses concern at the uk government’s statements demonstrating a lack of political will to fully comply with its commitments under the withdrawal agreement , namely regarding border controls in the irish sea; notes that no concrete reassurances were given on this matter during the first meeting of the joint committee; underlines that trust between the parties is essential in these negotiations; ### 2. stresses that the full implementation of the withdrawal agreement , including the protocol on northern ireland which ensures that there will be no hard border on the island of ireland , is a prerequisite for and a basic component of a future partnership between the eu and the uk; expresses concern at the uk government’s statements demonstrating a lack of political will to fully comply with its commitments under the withdrawal agreement , namely regarding border controls in the irish sea; notes that no concrete reassurances were given on this matter during the first meeting of the joint committee; underlines that trust between the parties is essential in these negotiations;


### 4. raises concern about the uk’s position on the future partnership with the eu , and thus emphasises that rights and privileges entail obligations and that the level of access to the eu single market should fully correspond to the extent of regulatory convergence and commitments agreed with respect to observing a level playing field for open and fair competition with a view to dynamic alignment; ### 4. emphasises that rights and privileges entail obligations and that the level of access to the eu single market should fully correspond to the extent of regulatory convergence and commitments agreed with respect to observing a level playing field for open and fair competition with a view to dynamic alignment;


### 4. raises concern about the uk’s position on the future partnership with the eu , and thus emphasises that rights and privileges entail obligations and that the level of access to the eu single market should fully correspond to the extent of regulatory convergence and commitments agreed with respect to observing a level playing field for open and fair competition with a view to dynamic alignment; ### 4. raises concern about the uk’s position on the future partnership with the eu , and thus emphasises that rights and privileges entail obligations and that the level of access to the eu single market should fully correspond to the extent of regulatory convergence and commitments agreed with respect to observing a level playing field for open and fair competition;


### 4. raises concern about the uk’s position on the future partnership with the eu , and thus emphasises that rights and privileges entail obligations and that the level of access to the eu single market should fully correspond to the extent of regulatory convergence and commitments agreed with respect to observing a level playing field for open and fair competition with a view to dynamic alignment; ### 4. raises concern about the uk’s position on the future partnership with the eu , and thus emphasises that rights and privileges entail obligations and that the level of access to the eu single market should fully correspond to the extent of regulatory convergence and commitments agreed with respect to observing a level playing field for open and fair competition based on the common standards;


### 6. considers that the envisaged partnership should include an ambitious comprehensive air transport agreement which ensures the eu’s strategic interests; ### 6. considers that the envisaged partnership should include a comprehensive air transport agreement containing appropriate provisions related to the access to the market and investment included in the most ambitious union bilateral agreements , provided that it is in the union's interest and respects a balance of rights and obligations;


### 6. recalls , in the context of financial services , that passporting rights , which are based on mutual recognition and harmonised prudential rules in the internal market , will cease to apply between the eu and the uk at the end of the transitional period; underlines that , thereafter , access to the european financial market must be based on equivalence decisions made within the eu’s legal framework; ### 6. recalls that market access to uk based companies should be based on equivalence decisions , provided if the eu is satisfied that uk regulatory and supervisory regime and standards are fully equivalent to those of the eu to ensure a level playing field; recalls the eu can withdraw the status of equivalent at any time;


### 6. recalls , in the context of financial services , that passporting rights , which are based on mutual recognition and harmonised prudential rules in the internal market , will cease to apply between the eu and the uk at the end of the transitional period; underlines that , thereafter , access to the european financial market must be based on equivalence decisions made within the eu’s legal framework; ### 6. recalls , in the context of financial services , that passporting rights , which are based on mutual recognition , harmonised prudential rules and supervisory convergence in the internal market , will cease to apply between the eu and the uk at the end of the transitional period; and that on this basis , all firms must finalise their preparations by the end of 2020; stresses that the interactions of the eu with the united kingdom stemming from cross-border activities must be based on the autonomous equivalence framework and on any additional specific requirements enshrined in eu law , in particular to safeguard financial stability; and underlines that equivalence decisions must be taken in eu’s interest; stresses this is without prejudice to the parties’ ability to adopt or maintain any measure for prudential reasons;


### 6. recalls , in the context of financial services , that passporting rights , which are based on mutual recognition and harmonised prudential rules in the internal market , will cease to apply between the eu and the uk at the end of the transitional period; underlines that , thereafter , access to the european financial market must be based on equivalence decisions made within the eu’s legal framework; ### 6. recalls , in the context of financial services , that passporting rights , which are based on mutual recognition and harmonised prudential rules in the internal market , will cease to apply between the eu and the uk at the end of the transitional period; underlines that , thereafter , access to the european financial market must be based on equivalence decisions defined and implemented on a unilateral basis by the european union; nonetheless , notes the importance of transparency and consultation between the eu and uk regarding these equivalence decisions;


### 6. recalls , in the context of financial services , that passporting rights , which are based on mutual recognition and harmonised prudential rules in the internal market , will cease to apply between the eu and the uk at the end of the transitional period; underlines that , thereafter , access to the european financial market must be based on equivalence decisions made within the eu’s legal framework; ### 6. recalls , in the context of financial services , that passporting rights , which are based on mutual recognition and harmonised prudential rules in the internal market , will cease to apply between the eu and the uk at the end of the transitional period; underlines that , thereafter , in the absence of alternative arrangements , access to the european financial market must be based on equivalence decisions made within the eu’s legal framework; underlines that safeguarding financial stability and ensuring full compliance with the eu regulatory regime and standards must be a key priority for the eu when it comes to financial services cooperation with the uk;


### 6. recalls , in the context of financial services , that passporting rights , which are based on mutual recognition and harmonised prudential rules in the internal market , will cease to apply between the eu and the uk at the end of the transitional period; underlines that , thereafter , access to the european financial market must be based on equivalence decisions made within the eu’s legal framework; ### 6. recalls , in the context of financial services , that passporting rights , which are based on mutual recognition and harmonised prudential rules in the internal market , will cease to apply between the eu and the uk at the end of the transitional period; underlines that , thereafter , access to the european financial market must be based on equivalence decisions made within the eu’s legal framework; believes that once equivalence has been granted towards the uk , an effective mechanism has to be put in place to guarantee that equivalence is maintained over time and recalls that the eu can withdraw unilaterally the status of equivalent at any moment if necessary;


### 7. defends the need to extend the transition period in order to allow enough time to conclude the negotiations on a comprehensive future partnership , while safeguarding citizens’ rights , legal certainty and economic and financial stability. ### 7. reminds that according to article 132 of the withdrawal agreement , the joint committee may adopt a decision to extend the transition period.


### 7. defends the need to extend the transition period in order to allow enough time to conclude the negotiations on a comprehensive future partnership , while safeguarding citizens’ rights , legal certainty and economic and financial stability. ### 7. considers that the current timeline for concluding the negotiations on a comprehensive future partnership , while safeguarding citizens’ rights , legal certainty and economic and financial stability , is extremely limited; believes that there needs to be sufficient time allocated to conclude these negotiations in an appropriate manner.


### 8. stresses that any possible granting of some elements of the so-called ‘fifth freedom’ (freedom of the air) should be limited in scope and needs to include balanced and corresponding obligations in the interests of the union; ### 8. stresses that any possible granting of some elements of the so-called ‘fifth freedom’ (freedom of the air) should be balanced with corresponding obligations in the interests of the union;


### 11. emphasises that uk freight transport operators cannot be granted the same rights and benefits as union freight transport operators in respect to road freight transport operations; ### deleted


### 11. emphasises that uk freight transport operators cannot be granted the same rights and benefits as union freight transport operators in respect to road freight transport operations; ### 11. emphasises that uk freight transport operators cannot be granted the same rights and benefits as union freight transport operators in respect to road freight transport operations , while invites to explore the possibility to have a closer relation with uk , with inclusion of certain rights that may enable a more efficient use of journey , from operational , environmental and economical perspectives;


### 11. emphasises that uk freight transport operators cannot be granted the same rights and benefits as union freight transport operators in respect to road freight transport operations; ### 11. emphasises that uk freight transport operators cannot be granted the same level of rights and benefits as union freight transport operators in respect to road freight transport operations;


### 12. considers that the envisaged partnership should include the right of transit of laden journeys from the territory of one party to the territory of the same party through the territory of the other party; ### 12. considers that the envisaged partnership should include the right of transit of laden journeys from the territory of one party to the territory of the same party through the territory of the other party and unladen journeys in conjunction with these journeys;


### 12. considers that the envisaged partnership should include the right of transit of laden journeys from the territory of one party to the territory of the same party through the territory of the other party; ### 12. considers that the envisaged partnership should include the right of transit journeys from the territory of one party to the territory of the same party through the territory of the other party;


### 13. considers that the envisaged partnership should include a level playing field in the areas of , in particular , work and rest time , tachographs , weights and dimensions; ### 13. considers that the envisaged partnership should include a level playing field in the areas of , in particular , work and rest time , tachographs , weights , dimensions and training of personnel;


### 16. stresses that the envisaged partnership should ensure access for the international maritime transport sector with an appropriate level playing field. ### 16. stresses that the envisaged partnership should ensure access for the international maritime transport sector , including ports and the shipping industry , with an appropriate level playing field.


### 5. recalls the importance of extending the scope of the european union solidarity fund to cover a part of the additional public expenditure incurred in preparation for , or as a consequence of , the end of the transition period without a subsequent agreement on the uk’s future relationship with the eu; calls on the commission to put forward a proposal on the matter , mirroring the proposal previously made to cover a failure to ratify the withdrawal agreement , which was approved by parliament on 24 october 20191. ### 5. recalls the importance of extending the scope of the european union solidarity fund to cover a part of the additional public expenditure incurred in preparation for , or as a consequence of , the end of the transition period without a subsequent agreement on the uk’s future relationship with the eu; recalls the reforms made to this fund as a result of the sars-cov-2 health crisis; believes that they should be taken into account , in view of the impact of this crisis on health , social and economic systems.


### 5. believes it to be in both parties’ mutual interests to establish an ambitious future economic partnership covering a wide number of sectors; underlines that , in any case , a level playing field must be ensured and eu standards safeguarded in order to avoid a ‘race to the bottom’ and the acquisition of unfair competitive advantages through the undercutting of levels of protection or other regulatory divergences; considers that any future framework should safeguard fair competition , investor and consumer protection , and the integrity of the single market , while respecting the eu’s regulatory regime and decision-making autonomy; ### 5. believes that the uk's geographic proximity and current economic interdependence with the union make it in both parties’ mutual interests to establish an ambitious future economic partnership covering a wide number of sectors; underlines that , in any case , a level playing field must be ensured and eu standards safeguarded in order to avoid a ‘race to the bottom’ and the acquisition of unfair competitive advantages through the undercutting of levels of protection or other regulatory divergences; considers that any future framework should safeguard fair competition , investor and consumer protection , and the integrity of the single market , while respecting the eu’s regulatory regime and decision-making autonomy; to ensure this level playing field and to remove any barriers to trade and investment , the future partnership should entail strong provisions on state-owned enterprises , designated monopolies , enterprises granted special rights or privileges , and abuses of dominant position;


### 5. believes it to be in both parties’ mutual interests to establish an ambitious future economic partnership covering a wide number of sectors; underlines that , in any case , a level playing field must be ensured and eu standards safeguarded in order to avoid a ‘race to the bottom’ and the acquisition of unfair competitive advantages through the undercutting of levels of protection or other regulatory divergences; considers that any future framework should safeguard fair competition , investor and consumer protection , and the integrity of the single market , while respecting the eu’s regulatory regime and decision-making autonomy; ### 5. believes it to be in both parties’ mutual interests to establish an ambitious future economic partnership covering the widest number of sectors possible; underlines that , in any case , a level playing field must be ensured and eu standards safeguarded in order to avoid a ‘race to the bottom’ and the acquisition of unfair competitive advantages through the undercutting of levels of protection or other regulatory divergences; considers that any future framework should safeguard fair competition , investor and consumer protection , and the integrity of the single market , while respecting the eu’s regulatory regime and decision-making autonomy;


### 5. believes it to be in both parties’ mutual interests to establish an ambitious future economic partnership covering a wide number of sectors; underlines that , in any case , a level playing field must be ensured and eu standards safeguarded in order to avoid a ‘race to the bottom’ and the acquisition of unfair competitive advantages through the undercutting of levels of protection or other regulatory divergences; considers that any future framework should safeguard fair competition , investor and consumer protection , and the integrity of the single market , while respecting the eu’s regulatory regime and decision-making autonomy; ### 5. believes it to be in both parties’ mutual interests to establish an ambitious future economic partnership covering a wide number of sectors; underlines that , in any case , a level playing field must be ensured and eu standards safeguarded in order to avoid a ‘race to the bottom’ and the creation of unfair anticompetitive advantages through the undercutting of levels of protection or other regulatory divergences; considers that any future framework should safeguard fair competition , investor and consumer protection , and the integrity of the single market , while respecting the eu’s regulatory regime and decision-making autonomy;


### 5. believes it to be in both parties’ mutual interests to establish an ambitious future economic partnership covering a wide number of sectors; underlines that , in any case , a level playing field must be ensured and eu standards safeguarded in order to avoid a ‘race to the bottom’ and the acquisition of unfair competitive advantages through the undercutting of levels of protection or other regulatory divergences; considers that any future framework should safeguard fair competition , investor and consumer protection , and the integrity of the single market , while respecting the eu’s regulatory regime and decision-making autonomy; ### 5. believes it to be in both parties’ mutual interests to establish an ambitious future economic partnership covering a wide number of sectors; underlines that , in any case , a level playing field must be ensured and eu standards safeguarded in order to avoid a ‘race to the bottom’ and the acquisition of unfair competitive advantages through the undercutting of levels of protection or other regulatory divergences; considers that any future framework should safeguard fair competition , investor and consumer protection , and the integrity of the single market , while respecting the eu’s regulatory regime and decision-making autonomy; points out that the proper enforcement of fair competition and state-aid rules by both parties is essential to ensure a level playing field;


### a. whereas artificial intelligence (ai) plays an increasing role in our everyday lives and has the potential to contribute to the development of innovations in many sectors and offer benefits for consumers through innovative products and services and , for businesses , through optimised performance; ### a. whereas emerging digital technologies , such as artificial intelligence (ai) , the internet of things and of services (iot/ios) or robotics , play and will continue to play an increasing role in our everyday lives and have the potential to contribute to the development of innovations in many sectors and offer benefits for consumers through innovative products and services and , for businesses , through optimised performance;


### b. whereas any future-orientated liability framework has to strike a balance between efficiently protecting potential victims of harm or damage and at the same time , providing enough leeway to make the development of new technologies , products or services possible; whereas ultimately , the goal of any liability framework should be to provide legal certainty for all parties , whether it be the producer , the deployer , the affected person or any other third party; ### b. whereas any future-orientated liability framework has to instil confidence in the safety , reliability and consistency of products and services , including digital technology , in order to strike a balance between efficiently protecting potential victims of harm or damage and at the same time , providing enough leeway to make the development of new technologies , products or services possible , especially in the artificial intelligence sector; whereas ultimately , the goal of any liability framework should be to provide consumer protection and legal certainty for all parties , whether it be the producer , the deployer , the affected person or any other third party;


### b. whereas any future-orientated liability framework has to strike a balance between efficiently protecting potential victims of harm or damage and at the same time , providing enough leeway to make the development of new technologies , products or services possible; whereas ultimately , the goal of any liability framework should be to provide legal certainty for all parties , whether it be the producer , the deployer , the affected person or any other third party; ### b. whereas any future-orientated civil liability legal framework has to strike a balance between efficiently protecting potential victims of harm or damage and , at the same time , providing enough leeway to make it possible for enterprises , and particularly small and medium-sized enterprises , to develop new technologies , products or services; whereas this will help build confidence and create stability for investment; whereas ultimately , the goal of any liability framework should be to provide legal certainty for all parties , whether it be the producer , the deployer , the affected person or any other third party;


### 1. considers that the challenge related to the introduction of ai-systems into society and the economy is one of the most important questions on the current political agenda; whereas technologies based on a i could improve our lives in almost every sector , from the personal sphere (e.g. personalised education , fitness programs) to global challenges (e.g. climate change , hunger and starvation); ### 1. considers that the challenge related to the introduction of ai-systems into society and the economy is one of the most important questions on the current political agenda , in addition to bolstering the single market in goods and services and providing better safeguards to guarantee risk minimisation and provide adequate compensation for damages sustained; whereas technologies based on a i could improve our lives in almost every sector , from the personal sphere (e.g. personalised education , fitness programs) to global challenges (e.g. climate change , hunger and starvation);


### 1. considers that the challenge related to the introduction of ai-systems into society and the economy is one of the most important questions on the current political agenda; whereas technologies based on a i could improve our lives in almost every sector , from the personal sphere (e.g. personalised education , fitness programs) to global challenges (e.g. climate change , hunger and starvation); ### 1. considers that the challenge related to the introduction of ai-systems into society and the economy is one of the most important questions on the current political agenda; whereas technologies based on a i could improve our lives in almost every sector , from the personal sphere (e.g. personalised education , fitness programs , credit provision and court orders) to global challenges (e.g. climate change , hunger and starvation);


### 1. considers that the challenge related to the introduction of ai-systems into society and the economy is one of the most important questions on the current political agenda; whereas technologies based on a i could improve our lives in almost every sector , from the personal sphere (e.g. personalised education , fitness programs) to global challenges (e.g. climate change , hunger and starvation); ### 1. considers that the challenge related to the introduction of ai-systems into society and the economy is one of the most important questions on the current political agenda; whereas technologies based on a i could improve our lives in almost every sector , from the personal sphere (e.g. personalised education , fitness programs) to global challenges (e.g. climate change , healthcare , hunger and starvation);


### 2. underlines that automated functionalities can bring significant safety improvements in the medium and long term; notes that ai could also be used for planning and guiding logistics chains , and for increasing efficiency , resilience , reliability and flexibility; ### 2. underlines that automated functionalities can bring significant safety improvements in the medium and long term; notes that ai could also be used for planning and guiding logistics chains , and for increasing efficiency , resilience , reliability and flexibility. the coexistence of various levels of automation represents a challenge;


### 2. firmly believes that in order to efficiently exploit the advantages and prevent potential misuses , principle-based and future-proof legislation across the eu for all ai-systems is crucial; is of the opinion that , while sector specific regulations for the broad range of possible applications are preferable , a horizontal legal framework based on common principles seems necessary to establish equal standards across the union and effectively protect our european values; ### 2. firmly believes that in order to efficiently exploit the advantages and prevent potential misuses , principle-based and future-proof legislation across the eu for all ai-systems is crucial; is of the opinion that , while sector specific regulations for the broad range of possible applications are preferable , a horizontal legal framework based on common principles seems necessary to establish equal standards across the union , effectively protect our european values and ensure legal clarity , with the legal framework being limited to filling existing legal gaps;


### 2. firmly believes that in order to efficiently exploit the advantages and prevent potential misuses , principle-based and future-proof legislation across the eu for all ai-systems is crucial; is of the opinion that , while sector specific regulations for the broad range of possible applications are preferable , a horizontal legal framework based on common principles seems necessary to establish equal standards across the union and effectively protect our european values; ### 2. firmly believes that in order to efficiently exploit the advantages and prevent potential misuses and avoid regulatory fragmentation in the union , principle-based and future-proof legislation across the eu for all ai-systems is crucial; is of the opinion that , while sector specific regulations for the broad range of possible applications are preferable , a horizontal and harmonised legal framework based on common principles seems necessary to establish equal standards across the union and effectively protect our european values;


### 2. firmly believes that in order to efficiently exploit the advantages and prevent potential misuses , principle-based and future-proof legislation across the eu for all ai-systems is crucial; is of the opinion that , while sector specific regulations for the broad range of possible applications are preferable , a horizontal legal framework based on common principles seems necessary to establish equal standards across the union and effectively protect our european values; ### 2. firmly believes that in order to efficiently exploit the advantages and prevent potential misuses , uniform , principle-based and future-proof legislation across the eu for all ai-systems is crucial; is of the opinion that , while sector specific regulations for the broad range of possible applications are preferable , a horizontal legal framework based on common principles seems necessary to establish equal standards across the union and effectively protect our european values and citizens’ rights;


### 3. states that the digital single market needs to be fully harmonized since the digital sphere is characterized by rapid cross-border dynamics and international data flows; considers that the union will only achieve the objectives of maintaining eu’s digital sovereignty and of boosting digital innovation made in europe with consistent and common rules; ### 3. states that the digital single market needs to be fully harmonized and constantly updated since the digital sphere is characterized by rapid cross-border dynamics and international data flows; considers that the union will only achieve the objectives of maintaining eu’s digital sovereignty and of boosting digital innovation made in europe with consistent and common rules in line with a culture of innovation;


### 4. underlines that for ai-related applications with a specific high-risk profile , there is a need for a risk-based approach depending on the levels of automation; ### 4. underlines that for ai-related applications with a specific high-risk profile , there is a need for a risk-based approach; notes , that this approach should not be based on naming in advance certain sectors , such as transport , as ones applying high-risk ai , but on area-specific and technology-neutral assessments.


### 5. believes that there is no need for a complete revision of the well-functioning liability regimes but that the complexity , connectivity , opacity , vulnerability and autonomy of ai-systems nevertheless represent a significant challenge; considers that specific adjustments are necessary to avoid a situation in which persons who suffer harm or whose property is damaged end up without compensation; ### 5. believes that there is no need for a complete revision of the well-functioning liability regimes but that the complexity , connectivity , opacity , vulnerability and autonomy of ai-systems nevertheless represent a significant challenge to the effectiveness of national and union liability framework provisions; considers that specific and coordinated adjustments are necessary to avoid a situation in which persons who suffer harm or whose property is damaged end up without compensation;


### 5. believes that there is no need for a complete revision of the well-functioning liability regimes but that the complexity , connectivity , opacity , vulnerability and autonomy of ai-systems nevertheless represent a significant challenge; considers that specific adjustments are necessary to avoid a situation in which persons who suffer harm or whose property is damaged end up without compensation; ### 5. believes that there is no need for a complete revision of the well-functioning liability regimes but that the complexity , connectivity , opacity , vulnerability and autonomy of ai-systems nevertheless represent a significant challenge; considers that specific adjustments , not only to the current legal framework , are necessary to avoid a situation in which persons who suffer harm or whose property is damaged end up without compensation;


### 6. notes that all physical or virtual activities , devices or processes that are driven by ai-systems may technically be the direct or indirect cause of harm or damage , yet are always the result of someone building , deploying or interfering with the systems; is of the opinion that the opacity and autonomy of ai-systems could make it in practice very difficult or even impossible to trace back specific harmful actions of the ai-systems to specific human input or to decisions in the design; recalls that , in accordance with widely-accepted liability concepts , one is nevertheless able to circumvent this obstacle by making the persons who create , maintain or control the risk associated with the ai-system , accountable; ### 6. notes that all physical or virtual activities , devices or processes that are driven by ai-systems may technically be the direct or indirect cause of harm or damage , yet are always the result of someone building , deploying or interfering with the systems; is of the opinion that the opacity , connectivity and autonomy of aisystems could make it in practice very difficult or even impossible to trace back specific harmful actions of the ai-systems to specific human input or to decisions in the design; recalls that , in accordance with widely-accepted liability concepts , it is necessary to take into account the complexity of value chains; considers that one is nevertheless able to circumvent this obstacle by making the persons who create , maintain or control the risk associated with the ai-system , accountable;


### 7. considers that the product liability directive (pld) has proven to be an effective means of getting compensation for harm triggered by a defective product; hence , notes that it should also be used with regard to civil liability claims against the producer of a defective ai-system , when the ai-system qualifies as a product under that directive; if legislative adjustments to the pld are necessary , they should be discussed during a review of that directive; is of the opinion that , for the purpose of legal certainty throughout the union , the ‘backend operator’ should fall under the same liability rules as the producer , manufacturer and developer; ### 7. considers that the product liability directive (pld) should be reviewed , and that this review should include adjustments of the definitions of product and defect in order to allow civil liability claims against the producer of a defective ai-system; legislative adjustments to the pld should be discussed during a review of that directive; is of the opinion that , for the purpose of legal certainty throughout the union , the ‘backend operator’ should fall under the same liability rules as the producer , manufacturer and developer;


### 7. considers that the product liability directive (pld) has proven to be an effective means of getting compensation for harm triggered by a defective product; hence , notes that it should also be used with regard to civil liability claims against the producer of a defective ai-system , when the ai-system qualifies as a product under that directive; if legislative adjustments to the pld are necessary , they should be discussed during a review of that directive; is of the opinion that , for the purpose of legal certainty throughout the union , the ‘backend operator’ should fall under the same liability rules as the producer , manufacturer and developer; ### 7. considers that the product liability directive (pld) has proven to be an effective means of getting compensation for harm triggered by a defective product; hence , notes that it should also be used with regard to civil liability claims against the producer of a defective ai-system , when the ai-system qualifies as a product under that directive; if legislative adjustments to the pld are necessary , they should be discussed during a review of that directive , taking account of new civil liability standards for ai systems; is of the opinion that , for the purpose of legal certainty throughout the union , the ‘backend operator’ should fall under the same liability rules as the producer , manufacturer and developer;