### 3. union law on the protection of personal data , privacy and confidentiality of communications and integrity of terminal equipment shall apply to personal data processed in connection with the rights and obligations laid down in this regulation. this regulation shall not affect the applicability of union law on the protection of personal data , in particular regulation (eu) 2016/679 and directive 2002/58/ec , including the powers and competences of supervisory authorities. insofar as the rights laid down in chapter ii of this regulation are concerned , and where users are the data subjects of personal data subject to the rights and obligations under that chapter , the provisions of this regulation shall complement the right of data portability under article 20 of regulation (eu) 2016/679. ### 3. union law and national law on the protection of personal data , privacy and confidentiality of communications and integrity of terminal equipment shall apply to personal data including mixed data sets where personal and non-personal data are inextricably linked , processed in connection with the rights and obligations laid down in this regulation. this regulation is without prejudice to specific provisions in other union legal acts regarding access to or re-use of certain categories of data , or requirements related to processing of personal or non-personal data , in particular regulations (eu) 2016/679 , (eu) 2018/1725 , and directive 2002/58/ec , including the powers and competences of supervisory authorities. insofar as data subjects are concerned the rights laid down in chapter ii of this regulation shall complement and particularise the right of data portability under article 20 of regulation (eu) 2016/679 and shall not adversely affect data protection rights of others. in the event of conflict between the provisions of this regulation and union law or national law on the protection of personal data adopted in accordance with union law , the relevant union law on the protection of personal data shall prevail. insofar the processing of personal data , that is made available to a data recipient pursuant to article 5 of this regulation , is restricted in article 6 of this regulation , these provisions shall take precedence over article 6 of regulation (eu) 2016/679. this regulation does not create a legal basis for the processing of personal data and no provision of this regulation should be applied or interpreted in such a way as to diminish or limit the right to the protection of personal data or the right to privacy and confidentiality of communications.


### 4. this regulation shall not affect union and national legal acts providing for the sharing , access and use of data for the purpose of the prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties , including regulation (eu) 2021/784 of the european parliament and of the council72 and the [e-evidence proposals [com(2018) 225 and 226] once adopted , and international cooperation in that area. this regulation shall not affect the collection , sharing , access to and use of data under directive (eu) 2015/849 of the european parliament and of the council on the prevention of the use of the financial system for the purposes of money laundering and terrorist financing and regulation (eu) 2015/847 of the european parliament and of the council on information accompanying the transfer of funds. this regulation shall not affect the competences of the member states regarding activities concerning public security , defence , national security , customs and tax administration and the health and safety of citizens in accordance with union law. ### 4. this regulation shall not affect union legal acts providing for the sharing , access and use of data for the purpose of the prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties , including regulation (eu) 2021/784 of the european parliament and of the council72. this regulation shall not affect the collection , sharing , access to and use of data under directive (eu) 2015/849 of the european parliament and of the council on the prevention of the use of the financial system for the purposes of money laundering and terrorist financing and regulation (eu) 2015/847 of the european parliament and of the council on information accompanying the transfer of funds.


### 4. this regulation shall not affect union and national legal acts providing for the sharing , access and use of data for the purpose of the prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties , including regulation (eu) 2021/784 of the european parliament and of the council72 and the [e-evidence proposals [com(2018) 225 and 226] once adopted , and international cooperation in that area. this regulation shall not affect the collection , sharing , access to and use of data under directive (eu) 2015/849 of the european parliament and of the council on the prevention of the use of the financial system for the purposes of money laundering and terrorist financing and regulation (eu) 2015/847 of the european parliament and of the council on information accompanying the transfer of funds. this regulation shall not affect the competences of the member states regarding activities concerning public security , defence , national security , customs and tax administration and the health and safety of citizens in accordance with union law. ### 4. this regulation does not apply to , nor pre-empt , voluntary arrangements for the exchange of data between private and public entities. this regulation shall not affect union and national legal acts providing for the sharing , access and use of data for the purpose of the prevention , investigation , detection or prosecution of criminal or administrative offences or the execution of criminal or administrative penalties , including regulation (eu) 2021/784 of the european parliament and of the council72 and the [e-evidence proposals [com(2018) 225 and 226] once adopted , and international cooperation in that area. this regulation shall not affect the collection , sharing , access to and use of data under directive (eu) 2015/849 of the european parliament and of the council on the prevention of the use of the financial system for the purposes of money laundering and terrorist financing and regulation (eu) 2015/847 of the european parliament and of the council on information accompanying the transfer of funds. this regulation shall not affect the competences of the member states regarding activities concerning public security , defence , national security , customs and tax administration and shall be implemented with due consideration to the fundamental rights , the health and safety of citizens in accordance with union law.


### (2) ‘product’ means a tangible , movable item , including where incorporated in an immovable item , that obtains , generates or collects , data concerning its use or environment , and that is able to communicate data via a publicly available electronic communications service and whose primary function is not the storing and processing of data; ### (2) ‘product’ means a tangible item , that obtains , generates or collects , data concerning its use or environment , and that is able to communicate data via an electronic communications service and whose primary function is neither the storing and processing or transmission of data nor is it primarily designed to display or play content , or to record and transmit content;


### (6) ‘data holder’ means a legal or natural person who has the right or obligation , in accordance with this regulation , applicable union law or national legislation implementing union law , or in the case of non-personal data and through control of the technical design of the product and related services , the ability , to make available certain data; ### (6) ‘data holder’ means a legal or natural person that is not the user , who has access to data communicated to it , or accessed by it , including derived or inferred data during the provision of a related service , and who has the right or obligation , in accordance with applicable union law or national legislation implementing union law , or in the case of non-personal data the contractually agreed right to process and make available certain data;


### (6) ‘data holder’ means a legal or natural person who has the right or obligation , in accordance with this regulation , applicable union law or national legislation implementing union law , or in the case of non-personal data and through control of the technical design of the product and related services , the ability , to make available certain data; ### (6) ‘data holder’ means a legal or natural person that is not the user , who has access to data communicated to it , or accessed by it , including derived or inferred data during the provision of a related service , and who has the right or obligation , in accordance with this regulation , applicable union law or national legislation implementing union law , to make available certain data or can enable access to the data through control of the technical design or means of access , in the case of non-personal data;


### (7) ‘data recipient’ means a legal or natural person , acting for purposes which are related to that person’s trade , business , craft or profession , other than the user of a product or related service , to whom the data holder makes data available , including a third party following a request by the user to the data holder or in accordance with a legal obligation under union law or national legislation implementing union law; ### (7) ‘data recipient’ means a legal or natural person , acting for purposes which are related to that person’s trade , business , craft or profession , other than the user of a product or a related service , to whom the data holder makes data available , following an explicit request by the user or the data subject to the data holder or in accordance with a legal obligation under union law or national legislation implementing union law , and including a third party to whom the data is directly made available by the user or the data subject;


### (10) ‘public emergency’ means an exceptional situation negatively affecting the population of the union , a member state or part of it , with a risk of serious and lasting repercussions on living conditions or economic stability , or the substantial degradation of economic assets in the union or the relevant member state(s); ### deleted


### (10) ‘public emergency’ means an exceptional situation negatively affecting the population of the union , a member state or part of it , with a risk of serious and lasting repercussions on living conditions or economic stability , or the substantial degradation of economic assets in the union or the relevant member state(s); ### (10) ‘public emergency’ means an exceptional situation such as public health emergencies , emergencies resulting from environmental degradation and major natural disasters , including those exacerbated by climate change , as well as human-induced major disasters , such as major cybersecurity incidents , negatively affecting the population of the union , a member state or part of it , with a risk of serious and lasting repercussions on living conditions or economic and financial stability , or the substantial degradation of economic assets in the union or the relevant member state(s) and which is determined according to the respective procedures under union or national law.


### (12) ‘data processing service’ means a digital service other than an online content service as defined in article 2(5) of regulation (eu) 2017/1128 , provided to a customer , which enables on-demand administration and broad remote access to a scalable and elastic pool of shareable computing resources of a centralised , distributed or highly distributed nature; ### (12) ‘data processing service’ means a digital service other than an online content service as defined in article 2(5) of regulation (eu) 2017/1128 , provided to a customer , which enables on-demand administration and broad remote access to computing resources


### (16) ‘smart contract’ means a computer program stored in an electronic ledger system wherein the outcome of the execution of the program is recorded on the electronic ledger; ### deleted


### (17) ‘electronic ledger’ means an electronic ledger within the meaning of article 3 , point (53) , of regulation (eu) no 910/2014; ### deleted


### 1. products shall be designed and manufactured , and related services shall be provided , in such a manner that data generated by their use are , by default , easily , securely and , where relevant and appropriate , directly accessible to the user. ### 1. products shall be designed and manufactured , and related services shall be provided , in such a manner that data obtained , collected , or generated by their use are , by default and free of charge , easily , securely and , directly accessible to the user in a structured , commonly used and machine-readable format. in the case that user is a data subject , products shall offer possibilities to directly exercise the data subjects’ rights. the user shall have the right to obtain a copy of the data generated by their use of the product and related services , from the data holder without hindrance and they shall be able to process the data outside the data holder’s control.


### whether the manufacturer supplying the product or the service provider providing the related service intends to use the data itself or allow a third party to use the data and , if so , the purposes for which those data will be used; ### whether the data holder intends to use the data itself or allow a third party to use the data and , if so , which third party and the purposes for which those data will be used by the manufacturer , a different data holder or a third party;


### 3. trade secrets shall only be disclosed provided that all specific necessary measures are taken to preserve the confidentiality of trade secrets in particular with respect to third parties. the data holder and the user can agree measures to preserve the confidentiality of the shared data , in particular in relation to third parties. ### 3. trade secrets shall only be disclosed provided that all specific necessary measures are taken to preserve the confidentiality of trade secrets in particular with respect to third parties. the data holder and the user can agree measures to preserve the confidentiality of the shared data , in particular in relation to third parties. the data holder shall identify the data which are protected as trade secrets.


### 5. where the user is not a data subject , any personal data generated by the use of a product or related service shall only be made available by the data holder to the user where there is a valid legal basis under article 6(1) of regulation (eu) 2016/679 and , where relevant , the conditions of article 9 of regulation (eu) 2016/679 are fulfilled. ### 5. where the user is not a data subject , any personal data generated by the use of a product or related service shall only be made available by the data holder to the user where there is a valid legal basis under article 6 of regulation (eu) 2016/679 and , where relevant , the conditions of article 9 of regulation (eu) 2016/679 and article 5(3) of directive 2002/58/ec are fulfilled.


### 5. where the user is not a data subject , any personal data generated by the use of a product or related service shall only be made available by the data holder to the user where there is a valid legal basis under article 6(1) of regulation (eu) 2016/679 and , where relevant , the conditions of article 9 of regulation (eu) 2016/679 are fulfilled. ### 5. where the user is not the data subject whose personal data is requested , any personal data generated by the use of a product or related service shall only be made available by the data holder to the user where there is a valid legal basis under article 6(1) of regulation (eu) 2016/679 and , where relevant , the conditions of article 9 of regulation (eu) 2016/679 are fulfilled. this regulation does not create a legal basis for the processing of personal data , nor does it affect any of the rights and obligations set out in regulations (eu) 2016/679 or directive 2002/58/ec.


### 3. the user or third party shall not be required to provide any information beyond what is necessary to verify the quality as user or as third party pursuant to paragraph 1. the data holder shall not keep any information on the third party’s access to the data requested beyond what is necessary for the sound execution of the third party’s access request and for the security and the maintenance of the data infrastructure. ### 3. the user or third party shall not be required to provide any information beyond what is strictly necessary to verify the quality as user or as third party pursuant to paragraph 1. the data holder shall not keep any information on the third party’s access to the data requested beyond what is necessary for the sound execution of the third party’s access request and for the security and the maintenance of the data infrastructure.


### 5. the data holder shall not use any non-personal data generated by the use of the product or related service to derive insights about the economic situation , assets and production methods of or use by the third party that could undermine the commercial position of the third party on the markets in which the third party is active , unless the third party has consented to such use and has the technical possibility to withdraw that consent at any time. ### 5. the data holder shall not use any non-personal data generated by the use of the product or related service to derive insights about the economic situation , assets and production methods of or use by the third party that could undermine the commercial position of the third party on the markets in which the third party is active , unless the third party has consented to such use and has the technical possibility to withdraw that consent at any time. the data holder shall not use any data generated by the use of the product or related service to monitor the interactions between users and third parties except for objectively justified security considerations.


### 6. where the user is not a data subject , any personal data generated by the use of a product or related service shall only be made available where there is a valid legal basis under article 6(1) of regulation (eu) 2016/679 and where relevant , the conditions of article 9 of regulation (eu) 2016/679 are fulfilled. ### 6. where the user is not a data subject , any personal data generated by the use of a product or related service shall only be made available where there is a valid legal basis under points (a) or (b) of article 6(1) of regulation (eu) 2016/679 and where relevant , the conditions of article 9 of regulation (eu) 2016/679 and article 5(3) of directive 2002/58/ec are fulfilled.


### 6. where the user is not a data subject , any personal data generated by the use of a product or related service shall only be made available where there is a valid legal basis under article 6(1) of regulation (eu) 2016/679 and where relevant , the conditions of article 9 of regulation (eu) 2016/679 are fulfilled. ### 6. where the user is not the data subject whose personal data is requested , any personal data generated by the use of a product or related service shall only be made available where there is a valid legal basis under article 6(1) of regulation (eu) 2016/679 and where relevant , the conditions of article 9 of regulation (eu) 2016/679 and article 5(3) of directive 2002/58/ec are fulfilled. this regulation does not create a legal basis for the processing of personal data , nor does it affect any of the rights and obligations set out in regulations (eu) 2016/679 or directive 2002/58/ec.


### use the data it receives for the profiling of natural persons within the meaning of article 4(4) of regulation (eu) 2016/679 , unless it is necessary to provide the service requested by the user; ### use the data it receives for the profiling of natural persons within the meaning of article 4(4) of regulation (eu) 2016/679


### article 14 ### deleted


### 1. upon request , a data holder shall make data available to a public sector body or to a union institution , agency or body demonstrating an exceptional need to use the data requested. ### 1. upon request , a data holder shall make data , which could include relevant metadata , available to a public sector body or to a union institution , agency or body demonstrating an exceptional need or a legitimate public interest to use the data requested in order to carry out their statutory duties in the public interest.


### article 15 ### deleted


### where the data requested is necessary to respond to a public emergency; ### where the data requested that has been explicitly provided by law , including real-time data , is limited in time and scope and is necessary to prevent , respond or recover from a public emergency;


### where the data request is limited in time and scope and necessary to prevent a public emergency or to assist the recovery from a public emergency; ### deleted


### where the lack of available data prevents the public sector body or union institution , agency or body from fulfilling a specific task in the public interest that has been explicitly provided by law; and ### where the lack of available data prevents the public sector body or union institution , agency or body from fulfilling a specific task in the public interest , for efficient provision of public services and policy making , in particular on healthcare , climate change , mobility , official statistics , as well as scientific research. it covers inter alia affordable housing , local transport or city planning , including sustainable tourism development , improving infrastructural services , such as energy , waste and water management , or producing reliable and up to date statistics , that has been explicitly provided by law; and


### (1) the public sector body or union institution , agency or body has been unable to obtain such data by alternative means , including by purchasing the data on the market at market rates or by relying on existing obligations to make data available , and the adoption of new legislative measures cannot ensure the timely availability of the data; or ### (1) the public sector body or union institution , agency or body has been unable to obtain such data by alternative means , including by purchasing the data on the market at reasonable prices or by relying on existing obligations to make data available , and the adoption of new legislative measures cannot ensure the timely availability of the data; or


### article 16 ### deleted


### article 17 ### deleted


### specify what data are required; ### specify what data are required , including relevant metadata;


### specify the deadline by which the data are to be made available or within which the data holder may request the public sector body , union institution , agency or body to modify or withdraw the request. ### specify the deadline by which the data are to be made available and the deadline within which the data holder may request the public sector body , union institution , agency or body to modify or withdraw the request.


### concern , insofar as possible , non-personal data; ### in case of requests made pursuant to article 15 , point (a) concern , insofar as possible , non-personal data and in case personal data are requested , the request should justify the need for including personal data and set out the technical and organisational measures that will be taken to protect the data , including in particular the obligation to aggregate and anonymise the requested data set;


### paragraph 3 does not preclude a public sector body or a union institution , agency or body to exchange data obtained pursuant to this chapter with another public sector body , union institution , agency or body , in view of completing the tasks in article 15 or to make the data available to a third party in cases where it has outsourced , by means of a publicly available agreement , technical inspections or other functions to this third party. the obligations on public sector bodies , union institutions , agencies or bodies pursuant to article 19 apply. ### paragraph 3 does not preclude a public sector body or a union institution , agency or body to exchange data obtained pursuant to this chapter with another public sector body , union institution , agency or body , in view of completing the tasks in article 15 or to make the data available to a third party in cases where it has outsourced , by means of a publicly available agreement , technical inspections or other functions to this third party. the obligations on public sector bodies , union institutions , agencies or bodies pursuant to article 19 apply. the principle of purpose limitation and other principles of data protection law should also apply to situations where the public sector body or eu institution , agency or body shares the data received under this chapter with third parties to whom they have outsourced any function.


### article 18 ### deleted


### 5. where compliance with the request to make data available to a public sector body or a union institution , agency or body requires the disclosure of personal data , the data holder shall take reasonable efforts to pseudonymise the data , insofar as the request can be fulfilled with pseudonymised data. ### 5. where the dataset requested includes personal data , the data holder shall have the responsibility to aggregate and properly anonymise the data set. where compliance with the request to make data available to a public sector body or a union institution , agency or body requires the disclosure of personal data , the data holder shall pseudonymise the data , insofar as the request can be fulfilled with pseudonymised data.


### article 19 ### deleted


### destroy the data as soon as they are no longer necessary for the stated purpose and inform the data holder that the data have been destroyed. ### destroy the data as soon as they are no longer necessary for the stated purpose and inform the european public data commons body data holder that the data have been destroyed.


### 2. disclosure of trade secrets or alleged trade secrets to a public sector body or to a union institution , agency or body shall only be required to the extent that it is strictly necessary to achieve the purpose of the request. in such a case , the public sector body or the union institution , agency or body shall take appropriate measures to preserve the confidentiality of those trade secrets. ### 2. disclosure of trade secrets or alleged trade secrets to a public sector body or to a union institution , agency or body shall only be required to the extent that it is strictly necessary to achieve the purpose of the request. in such a case , the public sector body or the union institution , agency or body shall take appropriate measures to preserve the confidentiality of those trade secrets. the data holder shall identify the data which are protected as trade secrets.


### article 20 ### deleted


### 2. where the data holder claims compensation for making data available in compliance with a request made pursuant to article 15 , points (b) or (c) , such compensation shall not exceed the technical and organisational costs incurred to comply with the request including , where necessary , the costs of anonymisation and of technical adaptation , plus a reasonable margin. upon request of the public sector body or the union institution , agency or body requesting the data , the data holder shall provide information on the basis for the calculation of the costs and the reasonable margin. ### 2. where the data holder claims compensation for making data available in compliance with a request made pursuant to article 15 , point (b) , such compensation shall not exceed the technical and organisational costs incurred to comply with the request including , where necessary , the costs of anonymisation and of technical adaptation. upon request of the public sector body or the union institution , agency or body requesting the data , the data holder shall provide information on the basis for the calculation of the costs.


### article 21 ### deleted


### article 22 ### deleted


### the independent supervisory authorities responsible for monitoring the application of regulation (eu) 2016/679 shall be responsible for monitoring the application of this regulation insofar as the protection of personal data is concerned. chapters vi and vii of regulation (eu) 2016/679 shall apply mutatis mutandis. the tasks and powers of the supervisory authorities shall be exercised with regard to the processing of personal data; ### deleted


### for specific sectoral data exchange issues related to the implementation of this regulation , the competence of sectoral authorities shall be respected; ### deleted


### the national competent authority responsible for the application and enforcement of chapter vi of this regulation shall have experience in the field of data and electronic communications services. ### the national competent authority responsible for the application and enforcement of chapter vi of this regulation shall have expertise and competence in the field of data and electronic communications services.


### the national competent authority responsible for the application and enforcement of chapter vi of this regulation shall have experience in the field of data and electronic communications services. ### the national competent authority responsible for the application and enforcement of chapter vi of this regulation shall have experience , sufficient technical and human resources and expertise in the field of data and electronic communications services.


### 3. for infringements of the obligations laid down in chapter ii , iii and v of this regulation , the supervisory authorities referred to in article 51 of the regulation (eu) 2016/679 may within their scope of competence impose administrative fines in line with article 83 of regulation (eu) 2016/679 and up to the amount referred to in article 83(5) of that regulation. ### 3. for infringements of the obligations laid down in chapter ii and iii of this regulation , the supervisory authorities referred to in article 51 of the regulation (eu) 2016/679 may within their scope of competence impose administrative fines in line with article 83 of regulation (eu) 2016/679 and up to the amount referred to in article 83(5) of that regulation.


### the commission shall develop and recommend non-binding model contractual terms on data access and use to assist parties in drafting and negotiating contracts with balanced contractual rights and obligations. ### the commission shall develop and recommend non-binding model contractual terms on data access and use to assist parties in drafting and negotiating contracts with balanced contractual rights and obligations. the commission shall consult the european data protection board when developing such model contractual terms. where such terms involve the processing of personal data , the commission shall in consultation with the european data protection board adopt a delegated act in accordance with article 39 (2).


### (27) the data holder may require appropriate user identification to verify the user’s entitlement to access the data. in the case of personal data processed by a processor on behalf of the controller , the data holder should ensure that the access request is received and handled by the processor. ### (27) the data holder may require appropriate user identification or authentication to verify the user’s entitlement to access the data. in the case of personal data processed by a processor on behalf of the controller , the data holder should ensure that the access request is received and handled by the processor.


### (66) when reusing data provided by data holders , public sector bodies and union institutions , agencies or bodies should respect both existing applicable legislation and contractual obligations to which the data holder is subject. where the disclosure of trade secrets of the data holder to public sector bodies or to union institutions , agencies or bodies is strictly necessary to fulfil the purpose for which the data has been requested , confidentiality of such disclosure should be ensured to the data holder. ### (66) when reusing data provided by data holders , public sector bodies and union institutions , agencies or bodies should respect both existing applicable legislation and contractual obligations to which the data holder is subject. public sector bodies should coordinate their data requests and make every effort to guarantee that businesses are only required to provide the same data once. where the disclosure of trade secrets of the data holder to public sector bodies or to union institutions , agencies or bodies is strictly necessary to fulfil the purpose for which the data has been requested , confidentiality of such disclosure should be ensured to the data holder.


### 1. this regulation lays down harmonised rules on making data generated by the use of a product or related service available to the user of that product or service , on the making data available by data holders to data recipients , and on the making data available by data holders to public sector bodies or union institutions , agencies or bodies , where there is an exceptional need , for the performance of a task carried out in the public interest: ### 1. this regulation lays down harmonised rules on making data generated by the use of a product or related service available to the user of that product or service , on the making data available by data holders to data recipients , and on the making data available by data holders to public sector bodies or union institutions , agencies or bodies for the performance of a task carried out in the public interest:


### public sector bodies and union institutions , agencies or bodies that request data holders to make data available where there is an exceptional need to that data for the performance of a task carried out in the public interest and the data holders that provide those data in response to such request; ### public sector bodies and union institutions , agencies or bodies that request data holders to make data available for the performance of a task carried out in the public interest and the data holders that provide those data in response to such request;


### 3. union law on the protection of personal data , privacy and confidentiality of communications and integrity of terminal equipment shall apply to personal data processed in connection with the rights and obligations laid down in this regulation. this regulation shall not affect the applicability of union law on the protection of personal data , in particular regulation (eu) 2016/679 and directive 2002/58/ec , including the powers and competences of supervisory authorities. insofar as the rights laid down in chapter ii of this regulation are concerned , and where users are the data subjects of personal data subject to the rights and obligations under that chapter , the provisions of this regulation shall complement the right of data portability under article 20 of regulation (eu) 2016/679. ### 3. union law on the protection of personal data , privacy and confidentiality of communications and integrity of terminal equipment shall apply to personal data processed in connection with the rights and obligations laid down in this regulation. in the event of a conflict between this regulation and eu legislation on the protection of personal data , the eu regulation on the protection of personal data , privacy and confidentiality shall prevail. this regulation shall not affect the applicability of union law on the protection of personal data , in particular regulation (eu) 2016/679 and directive 2002/58/ec , including the powers and competences of supervisory authorities. insofar as the rights laid down in chapter ii of this regulation are concerned , and where users are the data subjects of personal data subject to the rights and obligations under that chapter , the provisions of this regulation shall complement the right of data portability under article 20 of regulation (eu) 2016/679.


### 3. where a public sector body intends to request data from a data holder established in another member state , it shall first notify the competent authority of that member state as referred to in article 31 , of that intention. this requirement shall also apply to requests by union institutions , agencies and bodies. ### 3. where a public sector body intends to request data from a data holder established in another member state , it shall first notify the competent authority of that member state as referred to in article 31 , of that intention. this requirement shall also apply to requests by union institutions , agencies and bodies. the request shall be evaluated inline by the competent authority of the member state where the data holder is established.


### monitoring technological developments of relevance for the making available and use of data; ### monitoring technological developments of relevance for the making available and use of data with a view of better enforcing this regulation;


### cooperating with all relevant competent authorities to ensure that the obligations of chapter vi are enforced consistently with other union legislation and self-regulation applicable to providers of data processing service; ### cooperating with all relevant competent authorities and the european data protection board and the european data innovation board to ensure that the obligations under this regulation are enforced consistently with other union legislation applicable to providers of data processing service;


### 2. member states shall by [date of application of the regulation] notify the commission of those rules and measures and shall notify it without delay of any subsequent amendment affecting them. ### 2. member states shall by [date of application of the regulation] notify the commission , the european data protection board and the european data innovation board of those rules and measures and shall notify them without delay of any subsequent amendment affecting them. the commission shall regularly update and maintain an easily accessible public register of those measures.


### right to share data with third parties ### right of the user to share data with third parties


### exceptional need to use data ### conditions to use data


### data holders that make data available to data recipients in the union; ### data holders , irrespective of their place of establishment , that make data available to data recipients in the union;


### providers of data processing services offering such services to customers in the union. ### providers of data processing services , irrespective of their place of establishment , offering such services to customers in the union.


### obligation to make data generated by the use of products or related services accessible ### obligation to make data generated by the use of products or related services accessible to the user


### (1) in its communication “2030 digital compass: the european way for the digital decade” of 9 march 202131 (“digital compass communication”) the commission laid out its vision for 2030 to empower citizens and businesses through the digital transition. the union way for the digital transformation of economy and society should encompass digital sovereignty , inclusion , equality , sustainability , resilience , security , improving quality of life , respect of citizens’ rights and aspirations and should contribute to a dynamic , resource efficient , and fair economy and society in the union. ### (1) in its communication “2030 digital compass: the european way for the digital decade” of 9 march 202131 (“digital compass communication”) the commission laid out its vision for 2030 to empower citizens and businesses through the digital transition. the union way for the digital transformation of economy and society should encompass digital sovereignty , inclusion , equality , equity , sustainability , resilience , security , improving quality of life , respect of citizens’ rights and aspirations. it should create quality employment , strengthen workers’ rights and job security and contribute to a dynamic , resource efficient , inclusive , fair and just economy , labour market and society in the union , implementing the european pillar of social rights in the digital age.


### (1) in its communication “2030 digital compass: the european way for the digital decade” of 9 march 202131 (“digital compass communication”) the commission laid out its vision for 2030 to empower citizens and businesses through the digital transition. the union way for the digital transformation of economy and society should encompass digital sovereignty , inclusion , equality , sustainability , resilience , security , improving quality of life , respect of citizens’ rights and aspirations and should contribute to a dynamic , resource efficient , and fair economy and society in the union. ### (1) in its communication “2030 digital compass: the european way for the digital decade” of 9 march 2021[1] (“digital compass communication”) the commission laid out its vision for 2030 to empower citizens and businesses through the digital transition. the union way for the digital transformation of economy and society should encompass digital sovereignty , inclusion , equality , sustainability , resilience , security , improving quality of life , respect of citizens’ rights , high climate achievements and aspirations and should contribute to a dynamic , resource efficient , and fair economy and society in the union.


### (3) as outlined in the commission’s communication updating the 2020 new industrial strategy32 , it is necessary for the european union to identify systems of critical technologies and strategic sectors , to address strategic weaknesses and high-risk dependencies which could lead to supply shortages or cybersecurity risks , and to foster digital transition. this underlines the importance for member states to join forces and to support industry’s efforts to address these dependencies and to develop strategic capacity needs. this also responds to the analysis in the 2021 strategic foresight report33. in the framework of the recovery and resilience facility and the preparation of national recovery and resilience plans , the commission encouraged member states to coordinate their efforts in favour of multi-country projects in the digital area. this experience highlighted the need for the commission to support coordination efforts by member states , and for the union to dispose of implementation mechanisms that facilitate joint investments , in order for multi-country projects to materialise. in conjunction with other commission’s initiatives such as the observatory for critical technologies34 , a governance structure implementing the digital compass communication should be established and should help to identify the union’s current and possible future digital strategic dependencies and contribute to strengthening its digital sovereignty. ### (does not affect the english version.)


### (4) the commission’s communication on the european green deal35 emphasised that europe should leverage the potential of the digital transformation , which is a key enabler for reaching the green deal objectives. the union should promote and invest in the necessary digital transformation as digital technologies are a critical enabler for attaining the sustainability goals of the green deal in many different sectors. digital technologies such as artificial intelligence , 5g , cloud and edge computing and the internet of things can accelerate and maximise the impact of policies to deal with climate change and protect the environment. digitalisation also presents new opportunities for distance monitoring of air and water pollution , or for monitoring and optimising how energy and natural resources are used. europe needs a digital sector that puts sustainability at its heart , ensuring that digital infrastructures and technologies become verifiably more sustainable and energy- and resource efficient , and contribute to a sustainable circular and climate-neutral economy and society in line with the european green deal. ### (4) the commission’s communication on the european green deal35 emphasised that europe should leverage the potential of the digital transformation , which is a key enabler for reaching the green deal objectives. the union should promote and invest in the necessary digital transformation as digital technologies are a critical enabler for attaining the sustainability goals of the green deal in many different sectors. digital technologies such as artificial intelligence , 5g , cloud and edge computing and the internet of things can accelerate and maximise the impact of policies to deal with climate change and protect the environment. digitalisation also presents new opportunities for distance monitoring of air and water pollution , or for monitoring and optimising how energy and natural resources are used. thus , it can be used to prevent energy poverty and ensure energy efficiency and affordability. europe needs a digital sector that puts sustainability at its heart , ensuring that digital infrastructures and technologies become verifiably more sustainable and energy-and resource efficient , and contribute to a sustainable circular and climate-neutral economy and society in line with the european green deal.


### (4) the commission’s communication on the european green deal35 emphasised that europe should leverage the potential of the digital transformation , which is a key enabler for reaching the green deal objectives. the union should promote and invest in the necessary digital transformation as digital technologies are a critical enabler for attaining the sustainability goals of the green deal in many different sectors. digital technologies such as artificial intelligence , 5g , cloud and edge computing and the internet of things can accelerate and maximise the impact of policies to deal with climate change and protect the environment. digitalisation also presents new opportunities for distance monitoring of air and water pollution , or for monitoring and optimising how energy and natural resources are used. europe needs a digital sector that puts sustainability at its heart , ensuring that digital infrastructures and technologies become verifiably more sustainable and energy- and resource efficient , and contribute to a sustainable circular and climate-neutral economy and society in line with the european green deal. ### (4) the commission’s communication on the european green deal emphasised that europe should leverage the potential of the digital transformation , which is a key enabler for reaching the green deal objectives. the union should promote and invest in the necessary digital transformation as digital technologies can be a critical enabler for attaining the sustainability goals of the green deal , the paris agreement and sustainable development goals in many different sectors. digital technologies such as artificial intelligence , 5g , cloud and edge computing and the internet of things can accelerate and maximise the impact of policies to deal with climate change and protect the environment , in a way compatible with co2 reduction goals , climate neutrality aims and high environmental standards. this means digital technologies and electronics need to become sustainable over their entire life cycle , including products , production processes , necessary infrastructures and waste management. digitalisation also presents new opportunities for distance monitoring of air and water pollution , or for monitoring and optimising how energy and natural resources are used. europe needs a digital sector that puts sustainability at its heart , ensuring that digital infrastructures and technologies become verifiably more sustainable and renewable energy- and resource efficient , and contribute to a sustainable circular and climate-neutral economy and society in line with the european green deal.


### (7) digital skills , basic and advanced , are essential to reinforce the collective resilience of the union’s society. digitally empowered and capable citizens will be able to take advantage of the opportunities of the digital decade. moreover , digital training and education should support a workforce in which people can acquire specialised digital skills to get quality jobs and rewarding careers in much greater numbers than today , with convergence between women and men. in addition , an essential enabler for taking advantage of the benefits of digitisation , for further technological developments and for europe’s digital leadership is a sustainable digital infrastructure for connectivity , microelectronics and the ability to process vast data. excellent and secure connectivity for everybody and everywhere in europe including in rural and remote areas40 is needed. societal needs for upload and download bandwidth are constantly growing. by 2030 , networks with gigabit speeds should become available at accessible conditions for all those who need or wish such capacity. moreover , microprocessors which are already today at the start of most of the key , strategic value chains are expected to be in even higher demand in the future , in particular the most innovative ones. climate neutral highly secure edge node guaranteeing access to data services with low latency wherever businesses are located and quantum capacity are also expected to be critical enablers. ### (7) digital skills , basic and advanced , are essential to reinforce the collective sustainability of the union’s society. digitally empowered and capable citizens will be able to take advantage of the opportunities of the digital decade , get quality employment in the digital sector and acquire knowledge and access to their workers΄ rights in the digital environment. moreover , digital education , through vocational and professional training , reskilling , upskilling and lifelong learning , with a particular focus on the inclusion of young and older people and disadvantaged groups should support a workforce in which people can acquire specialised digital skills to get quality jobs and rewarding careers in much greater numbers than today , with convergence between women and men. in addition , an essential enabler for taking advantage of the benefits of digitisation , for further technological developments and for europe’s digital leadership is a sustainable digital infrastructure for connectivity , microelectronics and the ability to process vast data. excellent and secure connectivity , free or affordable internet and access to digital tools for everybody and everywhere in europe including in rural and remote areas40 is needed , taking into account that internet access is a human right. societal needs for upload and download bandwidth are constantly growing. by 2030 , networks with gigabit speeds should become available at accessible conditions for all those who need or wish such capacity. moreover , microprocessors which are already today at the start of most of the key , strategic value chains are expected to be in even higher demand in the future , in particular the most innovative ones. climate neutral highly secure edge node guaranteeing access to data services with low latency wherever businesses are located and quantum capacity are also expected to be critical enablers.


### (7) digital skills , basic and advanced , are essential to reinforce the collective resilience of the union’s society. digitally empowered and capable citizens will be able to take advantage of the opportunities of the digital decade. moreover , digital training and education should support a workforce in which people can acquire specialised digital skills to get quality jobs and rewarding careers in much greater numbers than today , with convergence between women and men. in addition , an essential enabler for taking advantage of the benefits of digitisation , for further technological developments and for europe’s digital leadership is a sustainable digital infrastructure for connectivity , microelectronics and the ability to process vast data. excellent and secure connectivity for everybody and everywhere in europe including in rural and remote areas40 is needed. societal needs for upload and download bandwidth are constantly growing. by 2030 , networks with gigabit speeds should become available at accessible conditions for all those who need or wish such capacity. moreover , microprocessors which are already today at the start of most of the key , strategic value chains are expected to be in even higher demand in the future , in particular the most innovative ones. climate neutral highly secure edge node guaranteeing access to data services with low latency wherever businesses are located and quantum capacity are also expected to be critical enablers. ### (7) digital skills , basic and advanced , are essential to reinforce the collective resilience of the union’s society. digitally empowered and capable citizens will be able to take advantage of the opportunities of the digital decade. moreover , digital training and education should support a workforce in which people can acquire specialised digital skills to get quality jobs and rewarding careers in much greater numbers than today , with the aim of achieving gender parity. in addition , an essential enabler for taking advantage of the benefits of digitisation , for further technological developments and for europe’s digital leadership is a sustainable digital infrastructure for connectivity , microelectronics and the ability to process vast data. excellent and secure connectivity for everybody and everywhere in europe including in rural and remote areas40 is needed. societal needs for upload and download bandwidth are constantly growing. by 2030 , networks with gigabit speeds should become available at accessible conditions for all those who need or wish such capacity. moreover , microprocessors which are already today at the start of most of the key , strategic value chains are expected to be in even higher demand in the future , in particular the most innovative ones. climate neutral highly secure edge node guaranteeing access to data services with low latency wherever businesses are located and quantum capacity are also expected to be critical enablers.


### (2) in its statement of 25 march 2021 , the european council considered the digital compass communication as a step towards charting europe’s digital development for the next decade and confirmed the vision there set , including the idea of a policy programme with a robust governance structure and a framework to facilitate the implementation of multi-country projects that are necessary for europe’s digital transition in critical areas. it also invited the commission to widen the european union’s policy toolbox for digital transformation , both at the european union and national level , and to use all available instruments from industrial , trade and competition policy , skills and education , research and innovation policy and long-term funding instruments to facilitate the digital transformation. ### (2) in its statement of 25 march 2021 , the european council considered the digital compass communication as a step towards charting europe’s digital development for the next decade and confirmed the vision there set , including the idea of a policy programme with a robust governance structure and a framework to facilitate the implementation of multi-country projects that are necessary for europe’s digital transition in critical areas. it also invited the commission to widen the european union’s policy toolbox for digital transformation , both at the european union and national level , and to use all available instruments from industrial , trade policy , skills and education , research and innovation policy and long-term funding instruments to facilitate the digital transformation.


### (29) in order to ensure transparency and public participation , the commission should engage with all interested stakeholders. to that end , the commission should closely cooperate with stakeholders including private and public actors , such as bodies governed by public laws of the educational or health sector , and consult them on measures to accelerate the digital transformation at union level. the involvement of stakeholders would be important at the level of member states as well , in particular when adopting their national digital decade strategic roadmaps and their adjustments. ### (29) in order to ensure transparency and public participation , the commission should engage with all interested stakeholders. to that end , the commission should closely cooperate with stakeholders including private and public actors , such as bodies governed by public laws of the educational or health sector , as well as establishments that make cultural heritage and global knowledge assets publicly accessible in libraries , archives and museums , and consult them on measures to accelerate the digital transformation at union level. the involvement of stakeholders would be important at the level of member states as well , in particular when adopting their national digital decade strategic roadmaps and their adjustments.


### (30) multi-country projects involving several member states should allow for large-scale intervention in key areas necessary for the achievement of the digital targets , notably by pooling resources from the union , member states , and where appropriate private sources. they should be implemented in a coordinated manner , in close cooperation between the commission and member states. for that reason , the commission should play a central role in accelerating the deployment of multi-country projects through the identification of multi-country projects ready for implementation among the projects categories indicatively included in annex , in advising member states on the choice of implementation mechanism , on the choice of the sources of funding and their combination , on other strategic matters related to the implementation of those projects , and on the selection of a european digital infrastructure consortium (edic) as an implementation mechanism , where appropriate. ### (30) multi-country projects involving several member states should allow for large-scale intervention in key areas necessary for the achievement of the digital targets , notably by pooling resources from the union , member states. they should be implemented in a coordinated manner , in close cooperation between the commission and member states. for that reason , the commission should play a central role in accelerating the deployment of multi-country projects through the identification of multi-country projects ready for implementation among the projects categories indicatively included in annex , in advising member states on the choice of implementation mechanism , on the choice of the sources of funding and their combination , on other strategic matters related to the implementation of those projects , and on the selection of a european digital infrastructure consortium (edic) as an implementation mechanism , where appropriate.


### promote a human-centered , inclusive , secure and open digital environment where digital technologies and services respect and enhance union principles and values; ### promote a human-centered , inclusive , accessible , secure and open digital environment where digital technologies and services respect and enhance union principles and values , as well as citizens’ and workers’ rights and opportunities for quality employment;


### promote a human-centered , inclusive , secure and open digital environment where digital technologies and services respect and enhance union principles and values; ### promote a human-centered , inclusive , secure , transparent , fair and open digital environment where digital technologies and services respect and enhance fundamental rights , union principles and values;


### reinforce member states’ collective resilience and bridge the digital divide notably by promoting basic and specialised digital skills for all and fostering the development of high-performing digital education and training systems; ### reinforce member states’ collective sustainability and bridge the digital divide notably by promoting basic and specialised digital skills , ensuring equal opportunities for quality employment for all , and fostering the development of high-performing digital education and training systems through vocational and professional training , reskilling , upskilling and lifelong learning; basic and specialised digital skills are the basis to ensure job security , facilitate job transitioning and protect workers and job seekers from unemployment , underemployment and social dumping;


### ensure digital sovereignty notably by a secure and accessible digital infrastructure capable to process vast volumes of data that enables other technological developments , supporting the competitiveness of the union's industry; ### ensure digital sovereignty notably by a secure and accessible digital infrastructure based on fundamental values that is capable of processing vast volumes of data , enables other technological developments and innovative education and research , and supports the competitiveness of the union's industry , democratic dialogue and social welfare;


### ensure that democratic life , public services and health and care services are accessible online for everyone , in particular disadvantaged groups including persons with disabilities , offering inclusive , efficient and personalised services and tools with high security and privacy standards; ### ensure that democratic life , public services and health and care services are accessible online for everyone , in particular disadvantaged groups including persons with disabilities , older people and people in remote or rural areas offering inclusive , efficient and personalised services and tools with high security and privacy standards;


### ensure that digital infrastructures and technologies become more sustainable and energy- and resource efficient , and contribute to a sustainable circular and climate-neutral economy and society in line with the european green deal; ### ensure that digital infrastructures and technologies as well as raw material extractions become more sustainable and energy- and resource efficient , and contribute to a sustainable circular and climate-neutral economy and society in line with the european green deal;


### ensure that all policies and programmes which are relevant to the achievement of the digital targets , are taken into account in a coordinated and coherent way to fully contribute to the digital transition. ### ensure that all policies and programmes which are relevant to the achievement of the digital targets , are taken into account in a coordinated and coherent way to fully contribute to the green and digital transition.


### (1) a digitally skilled population and highly skilled digital professionals: ### (1) a digitally skilled population and highly skilled digital professionals and high quality jobs:


### at least 20 million employed information and communications technology (ict) specialists are employed , with convergence between women and men; ### at least 20 million employed information and communications technology (ict) specialists are employed , with the aim of achieving gender parity;


### 100% online accessible provision of key public services for union citizens and businesses; ### 100% online accessible provision of key public services for union citizens , smes and businesses;


### 100% of union citizens have access to their medical records (electronic health records (ehr)); ### 100% of union citizens have access to their medical records (electronic health records (ehr)); persons with disabilities have assisted access via aid tools and connectivity;


### 100% of union citizens have access to their medical records (electronic health records (ehr)); ### 100% of union citizens have access to their medical records (electronic health records (ehr)) without jeopardising data protection and privacy;


### at least 80% of union citizens use a digital identification (id) solution. ### at least 80% of union citizens use a voluntary digital identification (id)solution.


### financial resources have been allocated; ### financial resources have been allocated , in accordance with the respect of trade union and workers’ rights , such as health and safety , the right to strike , collective bargaining and collective action;


### (1) if a member state fails to implement the appropriate adjustments to its national digital decade strategic roadmap following policies , measures or actions recommended by the commission under article 6 (3) without providing sufficient reasons , the commission may adopt a recommendation , including a specific analysis of how this failure could impact the achievement of the objectives and digital targets of this decision. ### (1) if a member state fails to implement the appropriate adjustments to its national digital decade strategic roadmap following policies , measures or actions recommended by the commission under article 6 (3) , in particular to the respect of trade union and worker’s rights in the digital environment , without providing sufficient reasons , the commission may adopt a recommendation , including a specific analysis of how this failure could impact the achievement of the objectives and digital targets of this decision.


### (1) the commission shall closely cooperate with private and public stakeholders , including social partners , to collect information and develop recommended policies , measures and actions for the purposes of the implementation of this decision. ### (1) the commission shall closely cooperate with private and public stakeholders , including social partners and civil society organisations , to collect information and develop recommended policies , measures and actions for the purposes of the implementation of this decision.


### (1) the commission shall closely cooperate with private and public stakeholders , including social partners , to collect information and develop recommended policies , measures and actions for the purposes of the implementation of this decision. ### (1) the commission shall closely cooperate with private and public stakeholders , including social partners , to collect information and develop recommended policies , measures and actions for the purposes of the implementation of this decision. all meetings shall be recorded in the european lobby register.


### reinforcing the union’s technology excellence and industrial competitiveness in critical technologies , digital products , services and infrastructures that are essential for economic recovery and prosperity , for citizens’ security and safety; ### reinforcing the union’s technology excellence and industrial sustainability in critical technologies , digital products , services and infrastructures that are essential for economic recovery and prosperity , for citizens’ security and safety , as well as digital training , reskilling and upskilling , to ensure security of employment in the digital labour market;


### contributing to a sustainable digital transformation of society and the economy that benefits all businesses and citizens across the union; ### contributing to a sustainable digital transformation of society and the economy that benefits smes and citizens across the union;


### (4) an edic may be open to the participation of entities other than member states , which may include inter alia international organizations and private entities , as specified in the statutes. if this is the case , member states shall hold jointly the majority of the voting rights in the assembly of members regardless of the amount of contributions from entities other than member states. ### (4) an edic may be open to the participation of entities other than member states , which may include inter alia international organizations as specified in the statutes. if this is the case , member states shall hold jointly the majority of the voting rights in the assembly of members regardless of the amount of contributions from entities other than member states.


### more than 90% of union small and medium enterprises (‘sme’) reach at least a basic level of digital intensity; ### more than 90% of union small and medium enterprises (‘sme’) reach at least a basic level of digital intensity , offering high quality trainings and reskilling courses;


### the union grows the pipeline of its innovative scale ups and improves their access to finance , leading to at least doubling the number of unicorns; ### the union grows the pipeline of its innovative scale ups and improves their access to finance , leading to at least doubling the number of unicorns; taking into account a series of factors including how those systems are powered in a sustainable , environmentally conscious , and cost-effective way , make them inclusive and beneficial for all regions and citizens;


### (5) member states shall ensure that their national digital decade strategic roadmaps take into consideration the latest country-specific recommendations issued in the context of the european semester. adjustments to national digital decade strategic roadmaps shall take into account the recommended policies , measures and actions under article 6(3) and the recommendations adopted under article 9. ### (5) adjustments to national digital decade strategic roadmaps shall take into account the recommended policies , measures and actions under article 6(3) and the recommendations adopted under article 9.


### (3) the recommendations shall be complementary to the latest country-specific recommendations issued in the context of the european semester. ### deleted


### (5) in case a member state continuously deviates from the national projected trajectory for several years , or alternatively does not intend to adopt corrective action based on a previous commission recommendation , the commission may initiate a targeted dialogue with the member state in question and inform the european parliament and council thereof. ### deleted


### widening the diffusion and best use of digital solutions in areas of public interest and the private sector; ### widening the diffusion and best use of digital solutions in areas of public interest;


### (1) in order to tackle unfair commercial practices which prevent consumers from making sustainable consumption choices , such as practices associated with the early obsolescence of goods , misleading environmental claims (“greenwashing”) , non-transparent and non-credible sustainability labels or sustainability information tools , specific rules should be introduced in union consumer law. this would enable national competent bodies to address those practices effectively. by ensuring that environmental claims are fair , consumers will be able to choose products that are genuinely better for the environment than competing products. this will encourage competition towards more environmentally sustainable products , thus reducing negative impact on the environment. ### (1) in order to tackle unfair commercial practices which prevent consumers from making sustainable consumption choices , such as practices associated with the early obsolescence of goods , misleading environmental claims (“greenwashing”) , non-transparent and non-credible sustainability labels or sustainability information tools , specific rules should be introduced in union consumer law. this would enable national competent bodies to address those practices effectively. by ensuring that environmental claims are fair , consumers will be able to choose products that are genuinely better for the environment than competing products. this will encourage competition towards more environmentally sustainable products , thus reducing negative impact on the environment. companies also have a role to play in promoting a green transition and greater sustainability of the products they produce and sell on the internal market , by respecting the environment and being transparent in their business practices all along their value chains.


### (3) in order to deter traders from deceiving consumers as regards the environmental or social impact , durability or reparability of their products , including through the overall presentation of the products , article 6(1) of directive 2005/29/ec should be amended by adding the environmental or social impact , durability and reparability of the product to the list of the main characteristics of the product in respect of which the trader’s practices can be considered misleading , following a case-by-case assessment. information provided by traders on the social sustainability of products , such as working conditions , charity contributions or animal welfare , should not mislead consumers either. ### (3) in order to deter traders from deceiving consumers as regards the environmental or social impact , durability or reparability of their products , including through the overall presentation of the products , article 6(1) of directive 2005/29/ec should be amended by adding the environmental and social impact , durability and reparability of the product to the list of the main characteristics of the product in respect of which the trader’s practices can be considered misleading , following a case-by-case assessment. information provided by traders on the social sustainability of products , such as working conditions , origin of the product , charity contributions or animal welfare , should not mislead consumers either and shall be detailed in article 6(1) of directive 2005/29/ec.


### (4) environmental claims , in particular climate-related claims , increasingly relate to future performance in the form of a transition to carbon or climate neutrality , or a similar objective , by a certain date. through such claims , traders create the impression that consumers contribute to a low-carbon economy by purchasing their products. to ensure the fairness and credibility of such claims , article 6(2) of directive 2005/29/ec should be amended to prohibit such claims , following a case-by-case assessment , when they are not supported by clear , objective and verifiable commitments and targets given by the trader. such claims should also be supported by an independent monitoring system to monitor the progress of the trader with regard to the commitments and targets. ### (4) environmental claims , in particular climate-related claims , increasingly relate to future performance in the form of a transition to carbon or climate neutrality , or a similar objective , by a certain date. through such claims , traders create the impression that consumers contribute to a low-carbon economy by purchasing their products. to ensure the fairness and credibility of such claims , article 6(2) of directive 2005/29/ec should be amended to prohibit such claims , following a case-by-case assessment , when they are not supported by clear , objective , evidence-based and verifiable commitments and targets given by the trader. such claims should also be supported by an independent monitoring system to monitor the progress of the trader with regard to the commitments and targets.


### (4) environmental claims , in particular climate-related claims , increasingly relate to future performance in the form of a transition to carbon or climate neutrality , or a similar objective , by a certain date. through such claims , traders create the impression that consumers contribute to a low-carbon economy by purchasing their products. to ensure the fairness and credibility of such claims , article 6(2) of directive 2005/29/ec should be amended to prohibit such claims , following a case-by-case assessment , when they are not supported by clear , objective and verifiable commitments and targets given by the trader. such claims should also be supported by an independent monitoring system to monitor the progress of the trader with regard to the commitments and targets. ### (4) environmental claims , in particular climate-related claims , increasingly relate to future performance such as in the form of a transition to carbon or climate neutrality , or a similar objective , by a certain date. through such claims , traders create the impression that consumers contribute to a green economy by purchasing their products. to ensure the fairness and credibility of such claims , article 6(2)of directive 2005/29/ec should be amended to prohibit such claims , following a case-by-case assessment , when they are not supported by clear and understandable supplementary information given by the trader setting out clear objective science-based and verifiable commitments and targets and an implementation plan at the trader level that should include implementing actions , concrete and verifiable interim targets which do not rely on offsets and are consistent with achieving long-term commitment. the implementation plan should have sufficient budget allocated and be based only on existent economically and technically viable technologies. the implementation plan as well as the progress achieved should be made publicly available , included in supplementary information to the claim , and regularly reported upon. claims related to future environmental performance should also be supported by an independent monitoring system to verify the claim and monitor the progress of the trader with regard to the commitments and targets.


### (6) comparing products based on their environmental or social aspects , including through the use of sustainability information tools , is an increasingly common marketing technique. in order to ensure that such comparisons do not mislead consumers , article 7 of directive 2005/29/ec should be amended to require that the consumer is provided with information about the method of the comparison , the products which are the object of comparison and the suppliers of those products , and the measures to keep information up to date. this should ensure that consumers make better informed transactional decisions when using such services. the comparison should be objective by , in particular , comparing products which serve the same function , using a common method and common assumptions , and comparing material and verifiable features of the products being compared. ### (6) comparing products based on their environmental or social aspects , including through the use of sustainability information tools , is an increasingly common marketing technique that could be misleading to consumers , who are not always able to assess the reliability of these information. in order to ensure that such comparisons do not mislead consumers , article 7 of directive 2005/29/ec should be amended to require that the consumer is provided with information about the method of the comparison , the products which are the object of comparison and the suppliers of those products , and the measures to keep information up to date. this should ensure that consumers make better informed transactional decisions when using such services. the comparison should be objective by , in particular , comparing products which serve the same function , using a common method and common assumptions , and comparing material and verifiable features of the products being compared.


### (7) the displaying of sustainability labels which are not based on a certification scheme or not established by public authorities should be prohibited by including such practices in the list in annex i to directive 2005/29/ec. the certification scheme should fulfil minimum transparency and credibility conditions. the displaying of sustainability labels remains possible without a certification scheme where such labels are established by a public authority , or in case of additional forms of expression and presentation of food in accordance with article 35 of regulation (eu) no 1169/2011. this rule complements point 4 of annex i to directive 2005/29/ec which prohibits claiming that a trader , the commercial practices of a trader , or a product has been approved , endorsed or authorised by a public or private body when it has not , or making such a claim without complying with the terms of the approval , endorsement or authorisation. ### (7) the displaying of sustainability labels or sustainability information tools which were not pre-approved by a european or national authority should be prohibited by including such practices in the list in annex i to directive 2005/29/ec. pre-approval of a sustainability label or a sustainability information tool , by a national or a european authority , shall be subject to the mutual recognition by all member states and require compliance with the minimum requirements defined by the european commission by means of a delegated act. if a label or a sustainability information tool is focused on one environmental aspect only , this should be clearly and prominently communicated to consumers. for the sake of transparency , all pre-approved sustainability labels and sustainability information tools shall be included in a publicly available register , accessible to all and regularly updated by the european and national authorities. sustainability labels established by public authorities shall be exempted from the pre-approval requirement. this rule complements point 4 of annex i to directive 2005/29/ec which prohibits claiming that a trader , the commercial practices of a trader , or a product has been approved , endorsed or authorised by a public or private body when it has not , or making such a claim without complying with the terms of the approval , endorsement or authorisation.


### (7) the displaying of sustainability labels which are not based on a certification scheme or not established by public authorities should be prohibited by including such practices in the list in annex i to directive 2005/29/ec. the certification scheme should fulfil minimum transparency and credibility conditions. the displaying of sustainability labels remains possible without a certification scheme where such labels are established by a public authority , or in case of additional forms of expression and presentation of food in accordance with article 35 of regulation (eu) no 1169/2011. this rule complements point 4 of annex i to directive 2005/29/ec which prohibits claiming that a trader , the commercial practices of a trader , or a product has been approved , endorsed or authorised by a public or private body when it has not , or making such a claim without complying with the terms of the approval , endorsement or authorisation. ### (7) the displaying of sustainability labels or sustainability information tools which are not based on a certificate or scheme , pre-approved by a national authority or a union authority , or not established by public authorities should be prohibited by including such practices in the list in annex i to directive 2005/29/ec. the certification scheme should fulfil minimum transparency and credibility conditions. the displaying of sustainability labels remains possible without a certification scheme where such labels are established by a public authority , or in case of additional forms of expression and presentation of food in accordance with article 35 of regulation (eu) no 1169/2011. this rule complements point 4 of annex i to directive 2005/29/ec which prohibits claiming that a trader , the commercial practices of a trader , or a product has been approved , endorsed or authorised by a public or private body when it has not , or making such a claim without complying with the terms of the approval , endorsement or authorisation.


### (9) annex i to directive 2005/29/ec should also be amended to prohibit making generic environmental claims without recognised excellent environmental performance which is relevant to the claim. examples of such generic environmental claims are ‘environmentally friendly’ , ‘eco-friendly’ , ‘eco’ , ‘green’ , ‘nature’s friend’ , ‘ecological’ , ‘environmentally correct’ , ‘climate friendly’ , ‘gentle on the environment’ , ‘carbon friendly’ , ‘carbon neutral’ , ‘carbon positive’ , ‘climate neutral’ , ‘energy efficient’ , ‘biodegradable’ , ‘biobased’ or similar statements , as well as broader statements such as ‘conscious’ or ‘responsible’ that suggest or create the impression of excellent environmental performance. such generic environmental claims should be prohibited whenever there is no excellent environmental performance demonstrated or whenever the specification of the claim is not provided in clear and prominent terms on the same medium , such as the same advertising spot , product’s packaging or online selling interface. for example , the claim ‘biodegradable’ , referring to a product , would be a generic claim , whilst claiming that ‘the packaging is biodegradable through home composting in one month’ would be a specific claim , which does not fall under this prohibition. ### (9) annex i to directive 2005/29/ec should also be amended to prohibit making generic environmental claims without recognised excellent environmental performance which is relevant to the claim. examples of such generic environmental claims are ‘environmentally friendly’ , ‘eco-friendly’ , ‘eco’ , ‘green’ , ‘nature’s friend’ , ‘ecological’ , ‘environmentally correct’ , ‘climate friendly’ , ‘gentle on the environment’ , ‘carbon friendly’ , ‘energy efficient’ , ‘biobased’ or similar statements , as well as broader statements such as ‘conscious’ 'ethical' or ‘responsible’ that suggest or create the impression of excellent environmental performance. such generic environmental claims should be prohibited whenever there is no excellent environmental performance demonstrated or scientific evidence to it , or whenever the specification of the claim , based on a european-recognised assessment method or standards , is not provided in clear and prominent terms on the same medium , such as the same advertising spot , product’s packaging or online selling interface.


### (9) annex i to directive 2005/29/ec should also be amended to prohibit making generic environmental claims without recognised excellent environmental performance which is relevant to the claim. examples of such generic environmental claims are ‘environmentally friendly’ , ‘eco-friendly’ , ‘eco’ , ‘green’ , ‘nature’s friend’ , ‘ecological’ , ‘environmentally correct’ , ‘climate friendly’ , ‘gentle on the environment’ , ‘carbon friendly’ , ‘carbon neutral’ , ‘carbon positive’ , ‘climate neutral’ , ‘energy efficient’ , ‘biodegradable’ , ‘biobased’ or similar statements , as well as broader statements such as ‘conscious’ or ‘responsible’ that suggest or create the impression of excellent environmental performance. such generic environmental claims should be prohibited whenever there is no excellent environmental performance demonstrated or whenever the specification of the claim is not provided in clear and prominent terms on the same medium , such as the same advertising spot , product’s packaging or online selling interface. for example , the claim ‘biodegradable’ , referring to a product , would be a generic claim , whilst claiming that ‘the packaging is biodegradable through home composting in one month’ would be a specific claim , which does not fall under this prohibition. ### (9) annex i to directive 2005/29/ec should also be amended to prohibit making generic environmental claims without recognised excellent environmental performance which is relevant to the claim. examples of such generic environmental claims are ‘environmentally friendly’ , ‘eco-friendly’ , ‘eco’ , ‘green’ , ‘nature’s friend’ , ‘ecological’ , ‘environmentally correct’ , ‘climate friendly’ , ‘gentle on the environment’ , ‘carbon friendly’ , ‘carbon neutral’ , ‘carbon offset’ , ‘carbon compensated’ , ‘carbon positive’ , ‘climate neutral’ , ‘plastic offset’ , ‘energy efficient’ , ‘bio degradable’ , ‘bio based’ or similar statements , as well as broader statements such as ‘conscious’ or ‘responsible’ that suggest or create the impression of excellent environmental performance. such generic environmental claims should be prohibited whenever on claims neutrality or offsetting through , for example , purchase of carbon credits , or whenever there is no excellent environmental performance demonstrated or whenever the specification of the claim is not provided in clear and prominent terms on the same medium , such as the same advertising spot , product’s packaging or online selling interface , and based on methods and communication rules established in union or national legislation.


### (15) it should be prohibited to omit to inform the consumer that a software update , including a security update , will negatively impact the use of goods with digital elements or certain features of those goods , even if the update improves the functioning of other features. for example , when inviting consumers to update the operating system on their smartphone , the trader will have to inform the consumer if such an update will negatively impact the functioning of any of the features of the smartphone. ### (15) it should be prohibited to supply a software update , including a security update , which will negatively impact the use of goods with digital elements or certain features of those goods , even if the update improves the functioning of other features.


### (16) it should also be prohibited to omit to inform the consumer about the existence of a feature of the good introduced to limit its durability. for example , such a feature could be software which stops or downgrades the functionality of the good after a particular period of time , or it could be a piece of hardware which is designed to fail after a particular period of time. the prohibition of omitting to inform consumers of such features of the goods complements and does not affect the remedies available to consumers when they constitute a lack of conformity under directive (eu) 2019/771 of the european parliament and of the council26 . for such a commercial practice to be considered unfair , it should not be necessary to demonstrate that the purpose of the feature is to stimulate the replacement of the respective good. the use of features limiting the durability of the goods should be distinguished from manufacturing practices using materials or processes of general low quality resulting in limited durability of the goods. lack of conformity of a good resulting from the use of low quality materials or processes should continue to be governed by the rules on the conformity of goods set out in directive (eu) 2019/771. ### (16) it should also be prohibited to introduce a feature to limit the durability of a good. for example , such a feature could be software which stops or downgrades the functionality of the good after a particular period of time , or it could be a piece of hardware which is designed to fail after a particular period of time. the prohibition introducing such features of the goods complements and does not affect the remedies available to consumers when they constitute a lack of conformity under directive (eu) 2019/771 of the european parliament and of the council26 . for such a commercial practice to be considered unfair , it should not be necessary to demonstrate that the purpose of the feature is to stimulate the replacement of the respective good. the use of features limiting the durability of the goods should be distinguished from manufacturing practices using materials or processes of general low quality resulting in limited durability of the goods. lack of conformity of a good resulting from the use of low quality materials or processes should continue to be governed by the rules on the conformity of goods set out in directive (eu) 2019/771.


### (18) similarly , annex i to directive 2005/29/ec should also be amended to prohibit presenting products as allowing repair when such repair is not possible , as well as omitting to inform consumers that it is not possible to repair goods in accordance with legal requirements. ### (18) similarly , annex i to directive 2005/29/ec should also be amended to prohibit marketing and selling a product which does not allow repair in accordance with legal requirements , especially if traders do not comply with their obligations to provide spare parts at an affordable cost.


### (20) another practice associated with early obsolescence which should be prohibited and added to the list in annex i to directive 2005/29/ec is inducing the consumer into replacing the consumables of a product earlier than would otherwise be necessary for technical reasons. such practices mislead the consumer into believing that the goods will no longer function unless their consumables are replaced , thus leading them to purchase more consumables than necessary. for example , the practice of urging the consumer , via the settings of the printer , to replace the printer ink cartridges before they are actually empty in order to stimulate the purchase of additional ink cartridges would be prohibited. ### (20) another practice associated with early obsolescence which should be prohibited and added to the list in annex i to directive 2005/29/ec is marketing goods that require replacing the consumables of a product earlier than would otherwise be necessary for technical reasons. such practices leads to a situation where the goods will no longer function unless their consumables are replaced , thus leading consumers to purchase more consumables than necessary.


### (21) annex i to directive 2005/29/ec should also be amended to prohibit omitting to inform the consumer that the good is designed to limit its functionality when using consumables , spare parts or accessories that are not provided by the original producer. for example , the marketing of printers that are designed to limit their functionality when using ink cartridges not provided by the original producer of the printer without disclosing this information to the consumer would be prohibited. this practice could mislead consumers into purchasing an alternative ink cartridge which cannot be used for that printer , thus leading to unnecessary repair costs , waste streams or additional costs due to the obligation to use the original producer’s consumables which the consumer could not foresee at the time of purchase. similarly , marketing smart devices designed to limit their functionality when using chargers or spare parts that are not provided by the original producer without disclosing this information to the consumer would be prohibited as well. ### (21) annex i to directive 2005/29/ec should also be amended to prohibit omitting to inform the consumer that marketing a good that is designed to limit its functionality when using consumables , spare parts or accessories that are not provided by the original producer. for example , the marketing of printers that are designed to limit their functionality when using ink cartridges not provided by the original producer of the printer would be prohibited. this practice could mislead consumers into purchasing an alternative ink cartridge which cannot be used for that printer , thus leading to unnecessary repair costs , waste streams or additional costs due to the obligation to use the original producer’s consumables which the consumer could not foresee at the time of purchase. similarly , marketing smart devices designed to limit their functionality when using chargers or spare parts that are not provided by the original producer would be prohibited as well.


### (31) to allow consumers to make an informed transactional decision and choose goods that are easier to repair , traders should provide , before the conclusion of the contract , for all types of goods , where applicable , the reparability score of the good as provided by the producer in accordance with union law. ### (31) to allow consumers to make an informed transactional decision and choose goods that are easier to repair , traders should provide , before the conclusion of the contract , for all types of goods , where applicable , the reparability score of the good as provided by the producer in accordance with union or national law.


### (32) pursuant to article 5(1) , point (e) , and article 6(1) , point (m) , of directive 2011/83/eu traders are obliged to provide the consumer before the consumer is bound by the contract with information on the existence and the conditions of after-sales services , including repair services , where such services are provided. in addition , in order to ensure that consumers are well informed about the reparability of the goods they purchase , where a reparability score is not established in accordance with union law , traders should provide , for all types of goods , other relevant repair information that is made available by the producer , such as information about the availability of spare parts , and a user and repair manual. ### (32) pursuant to article 5(1) , point (e) , and article 6(1) , point (m) , of directive 2011/83/eu traders are obliged to provide the consumer before the consumer is bound by the contract with information on the existence and the conditions of after-sales services , including repair services , where such services are provided. in addition , in order to ensure that consumers are well informed about the reparability of the goods they purchase , where a reparability score is not established in accordance with union or national law , traders should provide , for all types of goods , other relevant repair information that is made available by the producer , such as information about the availability of spare parts , and a user and repair manual.