### 2. this regulation shall apply to political advertising prepared , placed , promoted , published or disseminated in the union , or directed to individuals in one or several member states , irrespective of the place of establishment of the advertising services provider , and irrespective of the means used. ### 2. this regulation shall apply to online political advertising prepared , placed , promoted , published or disseminated in the union , or directed to individuals in one or several member states , irrespective of the place of establishment of the advertising services provider.


### 10. ‘relevant electorate’ means the body of individuals eligible to vote in the election or referendum being contested in the member state in which a political advertisement circulates , which may be the entire electorate of a member state; ### 10. ‘relevant electorate’ means the body of individuals eligible to vote in the election or referendum being contested in respect of which an online political advertisement circulates , which may be the entire electorate of a member state;


### 2. the information referred to in paragraph 1 shall be in writing and may be in electronic form. such information shall be retained for a period of five years from the date of the last preparation , placement , publication or dissemination , as the case may be. ### 2. the information referred to in paragraph 1 shall be in writing and in electronic form. such information shall be retained for a period of at least five years from the date of the last preparation , placement , publication or dissemination , as the case may be.


### 6. ‘political advertising campaign’ means the preparation , placement , promotion , publication or dissemination of a series of linked advertisements in the course of a contract for political advertising , on the basis of common preparation , sponsorship or funding; ### 6. ‘online political advertising campaign’ means the preparation , placement , promotion , publication or dissemination of a series of linked advertisements in the course of a contract for online political advertising , on the basis of common preparation , sponsorship or funding;


### 8. ‘targeting or amplification techniques’ means techniques that are used either to address a tailored political advertisement only to a specific person or group of persons or to increase the circulation , reach or visibility of a political advertisement; ### 8. ‘targeting or amplification techniques’ means techniques that are used either to address a tailored online political advertisement only to a specific person or group of persons , particularly through the collection of their data for pervasive tracking or online surveillance , or to increase the circulation , reach or visibility of an online political advertisement to a specific person or group of persons;


### 8. ‘targeting or amplification techniques’ means techniques that are used either to address a tailored political advertisement only to a specific person or group of persons or to increase the circulation , reach or visibility of a political advertisement; ### 8. ‘targeting techniques’ means techniques that are offered by political advertising publishers or providers of advertising services to the sponsors of political advertisements to address a political advertisement only to a specific person or group of persons;


### 9. ‘electoral period’ means the period preceding or during or immediately after an election or referendum in a member state and during which the campaign activities are subject to specific rules; ### 9. ‘electoral period’ means the period preceding or during or immediately after an election or referendum in a member state and during which the campaign activities are subject to specific rules in accordance with member state law;


### the political advertisement or political advertising campaign to which the service or services are connected; ### the online political advertisement or online political advertising campaign to which the service or services are connected;


### the specific service or services provided in connection to the political advertising; ### the specific service or services provided in connection to the online political advertising;


### the amounts they invoiced for the service or services provided , and the value of other benefits received in part or full exchange for the service or services provided; and ### the amounts they invoiced and recieved for the service or services provided , and the value of other benefits received in part or full exchange for the service or services provided; and


### where applicable , the identity of the sponsor and its contact details. ### the identity of the political actor and , where applicable , the identity of the sponsor and its contact details.


### 3. providers of political advertising services shall ensure that the information referred to in paragraph 1 is communicated to the political advertising publisher which will disseminate the political advertisement to enable political advertising publishers to comply with their obligations under this regulation. that information shall be transmitted , in a timely and accurate manner in accordance with best practice and industry standards , by means of a standardised automated process where technically possible. ### 3. providers of political advertising services shall ensure that the information referred to in paragraph 1 is communicated to the digital political advertising publisher which will disseminate the online political advertisement to enable digital political advertising publishers to comply with their obligations under this regulation. that information shall be transmitted , in a timely and accurate manner in accordance with best practice and industry standards , by means of a standardised automated process where technically possible.


### 1. targeting or amplification techniques that involve the processing of personal data referred to in article 9(1) of regulation (eu) 2016/679 and article 10(1) of regulation (eu) 2018/1725 in the context of political advertising are prohibited. ### 1. targeting or ad delivery techniques shall not involve the processing of personal data in the context of political advertising.


### 1. targeting or amplification techniques that involve the processing of personal data referred to in article 9(1) of regulation (eu) 2016/679 and article 10(1) of regulation (eu) 2018/1725 in the context of political advertising are prohibited. ### 1. targeting or amplification techniques that involve the processing of personal data in the context of political advertising are prohibited.


### 2. the prohibition laid down in the first sentence shall not apply to the situations referred to in article 9(2)(a) and (d) of regulation (eu) 2016/679 and article 10(2)(a) and (d) of regulation (eu) 2018/1725. ### deleted


### 1. the supervisory authorities referred to in article 51 of regulation (eu) 2016/679 or article 52 of regulation (eu) 2018/1725 shall be competent to monitor the application of article 12 of this regulation in their respective field of competence. article 58 of regulation (eu) 2016/679 and article 58 of regulation (eu) 2018/1725 shall apply mutatis mutandis. chapter vii of regulation (eu) 2016/679 shall apply for activities covered by article 12 of this regulation. ### 1. the supervisory authorities referred to in article 51 of regulation (eu) 2016/679 or article 52 of regulation (eu) 2018/1725 shall be competent to monitor the application of this regulation in their respective field of competence , in particular of article 12. article 58 of regulation (eu) 2016/679 and article 58 of regulation (eu) 2018/1725 shall apply mutatis mutandis. chapter vii of regulation (eu) 2016/679 shall apply for activities covered by article 12 of this regulation.


### 5. calls on the commission to ensure adequate funding for the functioning of the centre , and calls on the member states to increase resources for the enforcement of accessibility policies , including through eu funds; ### 5. calls on the commission to ensure adequate and sufficient funding for the functioning of the centre , both in terms of financial and human resources , and calls on the member states to significantly increase resources for the enforcement of accessibility policies , including through eu funds; stresses that a sufficient and ambitious funding is an imperative for effective public policies on accessibility as well as for achieving progress on a wide range of topics such as visibility of invisible disabilities , harmonisation of national disability cards or accessibility standards.


### 6. calls on the commission to establish a secretariat and a forum to steer and lead the work of the centre; underlines that the forum should guarantee the balanced participation of stakeholders and right-holders with suitable experience in the field of accessibility; stresses that equal gender representation should be ensured; ### 6. calls on the commission to establish a secretariat and a forum to steer and lead the work of the centre; underlines that these bodies should guarantee the balanced participation of stakeholders and right-holders with suitable experience in the field of accessibility , in particular of persons with disabilities to be fully involved in the functioning of the centre; stresses that equal gender representation should be ensured; stresses that the centre should use an understandable , easy-to-read and accessible language.


### 9. believes that the centre should function as a hub which provides relevant eu institutions and bodies and its member states when implementing union law with regular assistance and expertise relating to accessibility policies and technical requirements; believes that the centre should establish a cooperation framework that would bring together the relevant national and union bodies with all users groups , in particular organisations representing persons with disabilities , civil society organisations , academia and professionals from all areas of accessibility , in order to guarantee harmonised enforcement across the eu , provide guidance and training , and to inspire policy learning and innovation at national and eu level , including through the identification and sharing of best practices; ### 9. believes that the centre should function as a hub which provides relevant eu institutions and bodies and its member states when implementing union law with regular assistance and expertise relating to accessibility policies and technical requirements; believes that the centre should establish a cooperation framework that would bring together the relevant national and union bodies with all users groups , in particular organisations representing persons with disabilities , civil society organisations , academia and professionals from all areas of accessibility , in order to guarantee harmonised enforcement across the eu , provide guidance and training , and to inspire policy learning and innovation at national and eu level , including through the identification and sharing of best practices; believes that the centre should also conduct audits and provide advice to other european institutions and bodies on their internal accessibility policies and practises;


### 12. considers that the role of the centre would be essential in providing member states , stakeholders and right-holders with constant support for the implementation , monitoring and enforcement of accessibility policies , including through training and guidance documents in all eu official languages; ### 12. considers that the role of the centre would be essential in providing member states , stakeholders and right-holders with constant support for the implementation , monitoring and enforcement of accessibility policies , including through training and guidance documents in at least all official eu languages and written in an accessible , understandable and easy-to-read language.


### 13. notes that implementing accessibility policies requires a high degree of technical expertise and is not sufficiently included in higher education programmes , thus leading to a lack of qualified accessibility experts in the public and private sectors across domains; stresses that the centre should provide training to professionals , eu and national public officials and to relevant stakeholders and right-holders; ### 13. notes that implementing accessibility policies requires a high degree of technical expertise and is not sufficiently included in higher education programmes , thus leading to a lack of qualified accessibility experts in the public and private sectors across domains; stresses that the centre should provide training to professionals , eu and national public officials and to relevant stakeholders and right-holders; stresses also the importance of raising awareness and insisting on education and training on disability and accessibility issues from the earliest age;


### 14. regrets that the standardisation system does not adequately allow persons with disabilities and their representative organisations to participate on an equal footing with other stakeholders when drafting accessibility standards; considers that the centre should appoint technical experts to the standardisation committees and , where possible , should assist the commission in drafting technical specifications by involving all relevant stakeholders and right-holders; ### 14. regrets that the standardisation system does not adequately allow persons with disabilities and their representative organisations to participate on an equal footing with other stakeholders when drafting accessibility standards; regrets the over-representation of business interests among designated experts that influences the outcome of union's accessibility legislation and standards; considers that the centre should appoint technical experts to the standardisation committees and , where possible , should assist the commission in drafting technical specifications by involving all relevant stakeholders and right-holders;


### 2. highlights the importance of the strengthened country of origin principle that helps providers to abide by the rules and to facilitate the cross-border provision of services; ### 2. highlights the importance of the strengthened country of origin principle that helps providers to abide by the rules and to facilitate the cross-border provision of services while fully respecting member states' rights to limit cross-border provision of services in line with public policy objectives;


### 3. stresses that media service providers must ensure , in line with article 7 of the directive , that audiovisual services are continuously and progressively made more accessible to people with disabilities; is concerned that , due to delays in transposition , member states will not address the needs of people with disabilities; ### 3. stresses that media service providers must ensure that audiovisual services fulfil all accessibility requirements as set out in directive (eu) 2019/882 , that audiovisual services are continuously and progressively made more accessible to people with disabilities; is concerned that , due to delays in transposition , member states will not address the needs of people with disabilities;


### 4. recalls the directive’s key provisions to protect minors , including those on commercial communications; urges the commission to secure the strict implementation and proper enforcement of these rules; ### 4. recalls the directive’s key provisions to protect minors , especially the prohibition to process data of minors for commercial communications and product placement , such as direct marketing , profiling and behaviourally targeted advertising , and strengthening control and regulation on content likely to harm the physical , mental or moral development of minors; urges member states to strictly and swiftly implement these provisions and calls on the commission to secure a strict implementation and proper enforcement of these rules;


### 5. highlights the importance of a well functioning internal media market; underlines that the proposed european media freedom act aims to further enhance cooperation between the national regulators by establishing a european media board; stresses that independence and adequate resources must be guaranteed in order to fulfil these new responsibilities; insists on the importance of avoiding overlaps between the two instruments in order to preserve their effectiveness. ### 5. highlights the importance of a well functioning internal media market with a high level of consumer protection; underlines that the proposed european media freedom act aims to further enhance cooperation between the national regulators by establishing a european media board; stresses that independence and adequate resources must be guaranteed in order to fulfil these new responsibilities; insists on the importance of avoiding overlaps between the two instruments in order to preserve their effectiveness;


### 8. encourages member states to better use and exploit the opportunities that can arise from the appropriate promotion of audiovisual media services of general interest; suggests , furthermore , that erga develop guidelines in this regard; ### 8. calls for an obligation on platforms to ensure audiovisual media services of general interest and european works receive sufficient visibility , and for erga to publish guidelines for the proper implementation of this obligation;


### 10. considers that the objectives of the directive are served by member states taking measures to ensure findability of content and services of general interest vis-à-vis relevant user interfaces and platform services that offer their services to users in the territory of that member state but are not themselves established there; ### 10. considers that the objectives of the directive are served by member states taking measures to ensure findability and prominence of content , european works and services of general interest vis-à-vis relevant user interfaces and platform services that offer their services to users in the territory of that member state but are not themselves established there;


### 12. considers it appropriate to maintain the european quota targets as minimum targets at their current level; ### 12. considers it necessary to maintain the european quota targets and the visibility enhancing tools provided by erga to member states; points out that member states must be able to impose higher quotas for european or national works;


### 12. considers it appropriate to maintain the european quota targets as minimum targets at their current level; ### 12. considers it appropriate to understand the european quota targets as minimum requirements and to include the cultural and economic effects of higher national quotas in the european debates on progress in implementation and on measures to ensure cultural diversity;


### 13. encourages , furthermore , greater agreement on common eu-wide requirements in investment incentive schemes in the form of tax credits; considers that such schemes should provide automatic eligibility mechanisms so that they are less dependent on award decisions by panels , are not capped and provide additional incentives for social or cultural effects that are desirable in terms of media policy , such as talent development , social obligations , inclusion , diversity , gender equality or greening; ### 13. points up the importance of the obligations regarding quotas and funding tools laid down in articles 13(1) and 13(2) of the ams directive , which are essential for realising the objectives of promoting the european audiovisual sector and ensuring its diversity;


### 13. encourages , furthermore , greater agreement on common eu-wide requirements in investment incentive schemes in the form of tax credits; considers that such schemes should provide automatic eligibility mechanisms so that they are less dependent on award decisions by panels , are not capped and provide additional incentives for social or cultural effects that are desirable in terms of media policy , such as talent development , social obligations , inclusion , diversity , gender equality or greening; ### 13. encourages , furthermore , in addition to traditional direct investment in film production and the regionally different film support structures that have evolved to achieve high-quality audiovisual content produced in the eu , greater agreement on common eu-wide requirements in investment incentive schemes in the form of tax credits; considers that such schemes should provide automatic eligibility mechanisms so that they are less dependent on award decisions by panels , are not capped and provide additional incentives for social or cultural effects that are desirable in terms of media policy , such as talent development , social obligations , inclusion , diversity , gender equality or greening;


### product requirements ### product performance and information requirements


### 1. all products covered by this regulation shall , prior to their placing on the market or direct installation , satisfy the generic , directly applicable product requirements set out in annex i part d and the product requirements laid down in annex i part b and c as specified for the respective product family or category in accordance with paragraph 2. the product requirements laid down in annex i part b and c are only applicable where they have been specified in accordance with paragraph 2. ### 1. all products covered by this regulation shall , prior to their placing on the market or direct installation , satisfy the generic , directly applicable product information requirements set out in annex i part d and the product performance requirements laid down in annex i part b and c as specified for the respective product family or category in accordance with paragraph 2.


### 2. in order to specify the product requirements set out in annex i part b , c and d , the commission is empowered to supplement this regulation , by means of delegated acts in accordance with article 87 , by specifying , for particular product families and categories , these product requirements and by laying down the corresponding assessment methods. once the commission has specified these product requirements by delegated acts , it may issue standardisation requests which aim at the elaboration of voluntary harmonised standards providing presumption of conformity with these mandatory product requirements as specified by these delegated acts. ### 2. in order to specify the product requirements set out in annex i part b , c and d , the commission is empowered to supplement this regulation , by means of delegated acts in accordance with article 87 , by specifying , for particular product families and categories , these product requirements and by laying down the corresponding assessment methods. it may issue standardisation requests which aim at the elaboration of voluntary harmonised standards providing presumption of conformity with these mandatory product requirements.


### 8. member states may ban the destruction of products taken back in accordance with article 22(2) , point (j) and article 26 or make the destruction of these products dependent on their prior making available on a national brokering platform for non-commercial use of products. ### 8. member states may ban the destruction of surplus and unsold products and of products taken back in accordance with article 22(2) , point (j) and article 26 or make the destruction of these products dependent on their prior making available on a national brokering platform for non-commercial use of products.


### verify the product’s compliance with the product requirements of annex i part b and c to the extent that they have been specified by delegated acts in accordance with article 5(2) , and with the product requirements of annex i part d; ### verify the product’s compliance with the product requirements of annex i part b and c or by delegated acts in accordance with article 5(2) , and with the product requirements of annex i part d;


### markings other than the ce marking , including private ones , may be affixed on a product only if they do not cover or refer to harmonised technical specifications or to product requirements or essential characteristics or assessment methods included in the harmonised zone. ### markings other than the ce marking , including private ones , may be affixed on a product only if they do not cover or refer to harmonised technical specifications or to product requirements or essential characteristics or assessment methods included in the harmonised zone. these restrictions shall not apply to the eu ecolabel and other state commissioned type i-ecolabels (iso14024)


### markings other than the ce marking , including private ones , may be affixed on a product only if they do not cover or refer to harmonised technical specifications or to product requirements or essential characteristics or assessment methods included in the harmonised zone. ### markings other than the ce marking , including private ones , may be affixed on a product only if they do not cover or refer to harmonised technical specifications or to product requirements or essential characteristics or assessment methods included in the harmonised zone. these restrictions shall not apply to the eu ecolabel and other state commissioned type i ecolabels (iso 14024).


### 6. an economic operator may inform authorities of any likely infringement of this regulation it becomes aware of. where this economic operator considers that non-conforming products present a risk to human safety or to the environment , it shall immediately inform the competent authorities of the member states in which it made the product available thereof , giving details , in particular , of the non-compliance and of any corrective measures taken. ### 6. an economic operator shall inform authorities of any likely infringement of this regulation it becomes aware of. where this economic operator considers that non-conforming products present a risk to human safety or to the environment , it shall immediately inform the competent authorities of the member states in which it made the product available thereof , giving details , in particular , of the non-compliance and of any corrective measures taken.


### under the conditions set out in point (a)(i) and (ii) give preference to recyclable materials and materials gained from recycling; ### under the conditions set out in point (a)(i) and (ii) give preference to recyclable materials and materials gained from re-use and recycling;


### design products in such a way that re-use , remanufacturing and recycling are facilitated , namely by facilitating the separation of components and materials at the later stage of recycling and avoiding mixed , blended or intricate materials , unless remanufacturing and recycling are risky for human safety or the environment. in this case the manufacturer shall refrain from such design and warn against remanufacturing and recycling in accordance with the following point; ### design products in such a way that re-use , remanufacturing and recycling are facilitated , namely by facilitating the separation of components and materials at de-installation , deconstruction and demolition and at the later stage of recycling and avoiding mixed , blended or intricate materials , unless remanufacturing and recycling are risky for human safety or the environment. in this case the manufacturer shall refrain from such design and warn against remanufacturing and recycling in accordance with the following point;


### a product placed on the market , due to its physical condition , is likely to cause a serious risk. ### a product placed on the market , due to its physical condition , is likely to cause a risk.


### the construction works and any part of them shall be designed , constructed , used , maintained and demolished in such a way that they , throughout their life cycle , do not present acute or chronic threat to the health and safety of workers , occupants or neighbors as a result of any of the following: ### the construction works and any part of them shall be designed , constructed , used , maintained and demolished in such a way that they , throughout their life cycle , do not present threat to the health and safety of workers , occupants or neighbors as a result of any of the following:


### does not create immediate or chronic risks for the human health; ### does not create risks for the human health;


### 1.3. transport , installation , maintenance , deconstruction and demolition rules: ### 1.3. transport , installation , maintenance , de-installation , deconstruction and demolition rules:


### safety during transport , installation , maintenance , deconstruction and demolition: ### safety during transport , installation , maintenance , de-installation , deconstruction and demolition:


### this regulation establishes harmonised rules for the making available on the market and direct installation of construction products , regardless of whether undertaken in the framework of a service or not , by establishing: ### this regulation establishes harmonised rules for the making available on the market and direct installation and de-installation of construction products , regardless of whether undertaken in the framework of a service or not , by establishing:


### article 78 ### deleted


### 2. member states may adapt the requirement referred to in paragraph 1 with regard to the manner in which the explanations shall be given and the extent to which they shall be given to the following: ### deleted


### 2. by way of derogation from paragraph 1 and without prejudice to the application of competition law , member states may allow creditors or providers of crowdfunding credit services to request the consumer to open or maintain a payment or a savings account , where the only purpose of such an account is one of the following: ### deleted


### 3. by way of derogation from paragraph 1 and without prejudice to the application of competition law , member states may allow tying practices where the creditor or the provider of crowdfunding credit services can demonstrate to the competent authority that the tied products or categories of product offered , on terms and conditions similar to each other , result in a clear benefit to the consumers taking due account of the availability and the prices of the relevant products offered on the market. ### deleted


### 4. member states may allow creditors or providers of crowdfunding credit services to require the consumer to hold a relevant insurance policy related to the credit agreement or crowdfunding credit services , taking into account proportionality considerations. in such cases , member states shall ensure that the creditor or the provider of crowdfunding credit services is required to accept the insurance policy from a supplier different to his or her preferred supplier where such insurance policy has a level of guarantee equivalent to the one the creditor or the provider of crowdfunding credit services has proposed , without modifying the condition of the credit offering to the consumer. ### 4. by way of derogation from paragraph 1 member states may allow creditors or providers of crowdfunding credit services to require the consumer to hold a relevant insurance policy related to the credit agreement or crowdfunding credit services , taking into account proportionality considerations. in such cases , member states shall ensure that the creditor or the provider of crowdfunding credit services is required to accept the insurance policy from a supplier different to his or her preferred supplier where such insurance policy has a level of guarantee equivalent to the one the creditor or the provider of crowdfunding credit services has proposed , without modifying the condition of the credit offering to the consumer. in addition , creditors or providers of crowdfunding credit services should not be permitted to offer a relevant insurance policy related to the credit agreement of crowdfunding credit services before a 7-day cooling off period in order to ensure that the consumer is able to compare offers.


### 1. member states shall require that , before concluding a credit agreement , or an agreement for the provision of crowdfunding credit services , the creditor or , where applicable , the provider of crowdfunding credit services makes a thorough assessment of the consumer’s creditworthiness. that assessment shall be done in the interest of the consumer , to prevent irresponsible lending practices and over-indebtedness , and shall take appropriate account of factors relevant to verifying the prospect of the consumer to meet his or her obligations under the credit agreement or the agreement for the provision of crowdfunding credit services. ### 1. member states shall require that , before concluding a credit agreement , or an agreement for the provision of crowdfunding credit services , the creditor or , where applicable , the provider of crowdfunding credit services makes a thorough has made a positive assessment of the consumer’s creditworthiness. that assessment shall be done in the interest of the consumer , to prevent irresponsible lending practices and over-indebtedness , and shall take appropriate account of factors relevant to (i) verifying the prospect of the consumer to meet his or her obligations under the credit agreement or the agreement for the provision of crowdfunding credit services and(ii) the risk to the consumer of not being able to meet his/her obligations.


### 2. the assessment of creditworthiness shall be carried out on the basis of relevant and accurate information on the consumer’s income and expenses and other financial and economic circumstances which is necessary and proportionate such as evidence of income or other sources of repayment , information on financial assets and liabilities , or information on other financial commitments. the information shall be obtained from relevant internal or external sources , including the consumer and , where necessary , on the basis of a consultation of a database referred to in article 19. ### 2. the assessment of creditworthiness referred to in article 8 shall be carried out exclusively on the basis of the following information:


### notwithstanding the first subparagraphs , where the result of the creditworthiness assessment indicates that the obligations resulting from the credit agreement or the agreement for the provision of crowdfunding credit services are not likely to be met in the manner required under that agreement , the creditor or the provider of crowdfunding credit services may exceptionally make credit available to the consumer in specific and well justified circumstances. ### deleted


### 1. member states shall require that the creditor or the provider of crowdfunding credit services inform the consumer of any change in the borrowing rate , on paper or another durable medium , before the change enters into force. ### 1. member states shall require that the creditor or the provider of crowdfunding credit services inform the consumer of any change in the borrowing rate , on paper or another durable medium chosen by the consumer at least seven days , before the change enters into force.


### 1. where a credit has been granted in the form of an overdraft facility , member states shall require that the creditor , throughout the duration of the credit agreement , keeps the consumer regularly informed by means of statements of account , on paper or on another durable medium , containing the following elements: ### 1. where a credit has been granted in the form of an overdraft facility , member states shall require that the creditor , throughout the duration of the credit agreement , keeps the consumer regularly informed , i.e. at least once a month , by means of statements of account , on paper or on another durable medium , containing the following elements:


### 2. where a credit has been granted in the form of an overdraft facility , member states shall require that the creditor informs the consumer , on paper or another durable medium , of increases in the borrowing rate or in any charges payable , before the change in question enters into force. ### 2. where a credit has been granted in the form of an overdraft facility , member states shall require that the creditor informs the consumer , on paper or another durable medium at least seven days before , of increases in the borrowing rate or in any charges payable , before the change in question enters into force.


### 2. in the event of a significant overrunning exceeding a period of one month , member states shall require that the creditor informs the consumer without delay , on paper or on another durable medium , of all of the following: ### 2. in the event of an overrunning exceeding a period of two weeks , member states shall require that the creditor informs the consumer without delay , on paper or on another durable medium , of all of the following:


### the creditor may exceptionally claim higher compensation if the creditor can prove that the loss suffered due to early repayment exceeds the amount determined in accordance with paragraph 2. ### the creditor may exceptionally claim higher compensation if the creditor can prove that the loss suffered due to early repayment exceeds the amount determined in accordance with paragraph 2. however , this compensation should not exceed the amount of interest that the consumer would have paid during the period between the early repayment and the agreed date of termination of the credit agreement.


### caps on interest rates , annual percentage rate of charge and the total cost of the credit to the consumer ### caps on annual percentage rate of charge to the consumer


### interest rates applicable to credit agreements or to crowdfunding credit services; ### deleted


### 4. member states shall ensure that where creditors , credit intermediaries or providers of crowdfunding credit services provide advisory services the remuneration structure of the staff involved does not prejudice their ability to act in the consumer’s best interest and is not contingent on sales targets. in order to achieve that goal , member states may also ban commissions paid by the creditor to the credit intermediary. ### 4. member states shall ensure that where creditors , credit intermediaries or providers of crowdfunding credit services provide advisory services the remuneration structure of the staff involved does not prejudice their ability to act in the consumer’s best interest and is not contingent on sales targets. in order to achieve that goal , member states shall also ban commissions paid by the creditor to the credit intermediary.


### 1. member states shall require creditors to have adequate policies and procedures so that they make efforts to exercise , where appropriate , reasonable forbearance before enforcement proceedings are initiated. such forbearance measures shall take into account , among other elements , the consumer’s circumstances and may consist in , among other possibilities: ### 1. member states shall require creditors to exercise reasonable forbearance before enforcement proceedings are initiated. such forbearance measures shall take into account , among other elements , the consumer’s circumstances and may consist in , among other possibilities:


### 2. the list of potential measures in paragraph 1 , point (b) , is without prejudice to rules set out in national law and does not require member states to provide for all of those measures in national law. ### deleted


### member states shall ensure that debt advisory services are made available to consumers. ### member states shall ensure that debt advisory services are made available to consumers free of charge and independent.


### (44) credit sales that have not been solicited by the consumers may in some cases be associated with practices that are harmful to the consumer. in this regard , unsolicited sale of credit , including non-requested pre-approved credit cards sent to the consumers , or the unilateral increase of a consumers’ overdraft or credit card limit , should be prohibited. ### (44) credit offers or credit sales that have not been solicited by the consumers may in some cases be associated with practices that are harmful to the consumer. in this regard , member states shall prohibit (i) unsolicited sales of credit , including non-requested pre-approved credit cards sent to the consumers , or the unilateral increase of a consumers’ overdraft or credit card limit , and (ii) unsolicited credit offers , including visits by the creditor or credit intermediary to the consumer’s place of residence or place of employment , on the occasion of which a credit offer is made to the consumer , without the prior express consent of the consumer; and the creditor or credit intermediary sending to a consumer , by any means of communication , a credit offer , a credit contract , or a payment instrument , without the prior request or express consent of the consumer or a pre-existing legal or contractual obligation.


### (46) it is essential that the consumer’s ability and propensity to repay the credit is assessed and verified before a credit agreement or an agreement for the provision of crowdfunding credit services is concluded. that assessment of creditworthiness should be done in the interest of the consumer , to prevent irresponsible lending practices and over-indebtedness , and should take into consideration all necessary and relevant factors that could influence a consumer’s ability to repay the credit. member states should be able to issue additional guidance on additional criteria and methods to assess a consumer’s creditworthiness , for example by setting limits on loan-to-value or loan-to-income ratios. ### (46) it is essential that the consumer’s ability and propensity to repay the credit is assessed and verified before a credit agreement or an agreement for the provision of crowdfunding credit services is concluded. that assessment of creditworthiness should be done in the interest of the consumer , to prevent irresponsible lending practices and over-indebtedness , and should take into consideration all necessary and relevant factors that could influence a consumer’s ability to repay the credit as well as a consumer’s ability to afford the credit. member states should be able to issue additional guidance on additional criteria and methods to assess a consumer’s creditworthiness , for example by setting limits on loan-to-value or loan-to-income ratios.


### (47) the assessment of creditworthiness should be based on information on the financial and economic situation , including income and expenses , of the consumer. the european banking authority guidelines on loan origination and monitoring (eba/gl/2020/06) provide guidelines on what categories of data may be used for the processing of personal data for creditworthiness purposes , which include evidence of income or other sources of repayment , information on financial assets and liabilities , or information on other financial commitments. personal data , such as personal data found on social media platforms or health data , including cancer data , should not be used when conducting a creditworthiness assessment. consumers should provide information about their financial and economic situation in order to facilitate the creditworthiness assessment. in principle , credit should only made available to the consumer where the result of the creditworthiness assessment indicates that the obligations resulting from the credit agreement or the agreement for the provision of crowdfunding credit services are likely to be met in the manner required under that agreement. however , should such assessment be negative , the creditor or the provider of crowdfunding credit services can exceptionally make credit available in specific and justified circumstances such as when they have a long-standing relationship with the consumer , or in case of loans to fund exceptional healthcare expenses , students loans or loans for consumers with disabilities. in such case , when deciding on whether or not to make the credit available to the consumer , the creditor or the provider of crowdfunding credit services should take into account the amount and the purpose of the credit , and the likelihood that the obligations resulting from the agreement will be met. ### (47) the assessment of creditworthiness should be based on information on the financial and economic situation , including income and expenses , of the consumer. the european banking authority guidelines on loan origination and monitoring (eba/gl/2020/06) provide guidelines on what categories of data may be used for the processing of personal data for creditworthiness purposes , which include evidence of income or other sources of repayment , information on financial assets and liabilities , or information on other financial commitments. personal data , such as personal data found on social media platforms or health data , including cancer data , should not be used when conducting a creditworthiness assessment. consumers should provide information about their financial and economic situation in order to facilitate the creditworthiness assessment. credit should only made available to the consumer where the result of the creditworthiness assessment indicates that the obligations resulting from the credit agreement or the agreement for the provision of crowdfunding credit services are likely to be met in the manner required under that agreement.


### 7. if the agreement has been concluded at the consumer's request using a means of distance communication which does not enable the information to be provided in accordance with this article , the creditor and , where applicable , the credit intermediary or the provider of crowdfunding credit services shall provide the consumer with the standard european consumer credit information form and the standard european consumer credit overview form immediately after the conclusion of the credit agreement or of the agreement for the provision of crowdfunding credit services. ### deleted


### 4. member states may prohibit the use of the terms ‘advice’ and ‘advisor’ or similar terms when the advisory services are being marketed and provided to consumers by creditors or , where applicable , credit intermediaries or providers of crowdfunding credit services. ### 4. member states may shall prohibit the use of the terms ‘advice’ and ‘advisor’ or similar terms when the advisory services are being marketed and provided to consumers by creditors or , where applicable , credit intermediaries or providers of crowdfunding credit services. where member states do not prohibit the use of the terms ‘advice’ and ‘advisor’ or similar terms , they shall impose the following conditions on the use of the term ‘independent advice’ or ‘independent advisor’ by creditors , credit intermediaries or providers of crowdfunding credit services providing advisory services:(a) creditors and , where applicable , credit intermediaries or providers of crowdfunding credit services shall consider a sufficiently large number of credit agreements or crowdfunding credit services available on the market; (b) credit intermediaries shall not be remunerated for the advisory services by one or more creditors. point (b) of the second subparagraph shall apply only where the number of creditors considered is less than a majority of the market. member states may impose more stringent requirements for the provision of advisory services use of the terms ‘independent advice’ or ‘independent advisor’ by creditors and , where applicable , credit intermediaries or providers of crowdfunding credit services


### (1) in recent years , data-driven technologies have had transformative effects on all sectors of the economy. the proliferation in products connected to the internet of things in particular has increased the volume and potential value of data for consumers , businesses and society. high quality and interoperable data from different domains increase competitiveness and innovation and ensure sustainable economic growth. the same dataset may potentially be used and reused for a variety of purposes and to an unlimited degree , without any loss in its quality or quantity. ### (1) in recent years , data-driven technologies have had transformative effects on all sectors of the economy. the proliferation in products connected to the internet of things in particular has increased the risks , volume and potential value of data for consumers , businesses and society. high quality and interoperable data from different domains has potential to increase competitiveness and innovation and ensure sustainable economic growth. the same dataset may potentially be used and reused for a variety of purposes and to an unlimited degree , without any loss in its quality or quantity , while respecting users’ choices and applicable legislation to protect them.


### (1) in recent years , data-driven technologies have had transformative effects on all sectors of the economy. the proliferation in products connected to the internet of things in particular has increased the volume and potential value of data for consumers , businesses and society. high quality and interoperable data from different domains increase competitiveness and innovation and ensure sustainable economic growth. the same dataset may potentially be used and reused for a variety of purposes and to an unlimited degree , without any loss in its quality or quantity. ### deleted


### (1) in recent years , data-driven technologies have had transformative effects on all sectors of the economy. the proliferation in products connected to the internet of things in particular has increased the volume and potential value of data for consumers , businesses and society. high quality and interoperable data from different domains increase competitiveness and innovation and ensure sustainable economic growth. the same dataset may potentially be used and reused for a variety of purposes and to an unlimited degree , without any loss in its quality or quantity. ### (1) in recent years , data-driven technologies have had transformative effects on all sectors of the economy. the proliferation in products connected to the internet of things in particular has increased the volume and potential value of data , as well as potential risks related to data for consumers , businesses and society. high quality and interoperable data from different domains has the potential to increase competitiveness and innovation and ensure sustainable economic growth. the same dataset may potentially be used and reused for a variety of purposes and to an unlimited degree , without any loss in its quality or quantity.


### (2) barriers to data sharing prevent an optimal allocation of data to the benefit of society. these barriers include a lack of incentives for data holders to enter voluntarily into data sharing agreements , uncertainty about rights and obligations in relation to data , costs of contracting and implementing technical interfaces , the high level of fragmentation of information in data silos , poor metadata management , the absence of standards for semantic and technical interoperability , bottlenecks impeding data access , a lack of common data sharing practices and abuse of contractual imbalances with regards to data access and use. ### (2) barriers to data include a lack of incentives for data holders to enter voluntarily into data sharing agreements , uncertainty about rights and obligations in relation to data , costs of contracting and implementing technical interfaces , the high level of fragmentation of information in data silos , poor metadata management , the absence of standards for semantic and technical interoperability , bottlenecks impeding data access , a lack of common data sharing practices and abuse of contractual imbalances with regards to data access and use.


### (2) barriers to data sharing prevent an optimal allocation of data to the benefit of society. these barriers include a lack of incentives for data holders to enter voluntarily into data sharing agreements , uncertainty about rights and obligations in relation to data , costs of contracting and implementing technical interfaces , the high level of fragmentation of information in data silos , poor metadata management , the absence of standards for semantic and technical interoperability , bottlenecks impeding data access , a lack of common data sharing practices and abuse of contractual imbalances with regards to data access and use. ### deleted


### (4) in order to respond to the needs of the digital economy and to remove barriers to a well-functioning internal market for data , it is necessary to lay down a harmonised framework specifying who , other than the manufacturer or other data holder is entitled to access the data generated by products or related services , under which conditions and on what basis. accordingly , member states should not adopt or maintain additional national requirements on those matters falling within the scope of this regulation , unless explicitly provided for in this regulation , since this would affect the direct and uniform application of this regulation. ### (4) in order to respond to the needs of the digital economy , protect consumers and to remove unjustified barriers to a well-functioning internal market for data , it is necessary to lay down a harmonised framework specifying who , other than the manufacturer or other data holder is entitled to access the data generated by products or related services , under which conditions and on what basis. accordingly , member states should not adopt or maintain additional national requirements on those matters falling within the scope of this regulation , unless explicitly provided for in this regulation , since this would affect the direct and uniform application of this regulation.


### (4) in order to respond to the needs of the digital economy and to remove barriers to a well-functioning internal market for data , it is necessary to lay down a harmonised framework specifying who , other than the manufacturer or other data holder is entitled to access the data generated by products or related services , under which conditions and on what basis. accordingly , member states should not adopt or maintain additional national requirements on those matters falling within the scope of this regulation , unless explicitly provided for in this regulation , since this would affect the direct and uniform application of this regulation. ### (4) it is necessary to lay down a harmonised framework specifying who , other than the manufacturer or other data holder is entitled to access the data generated by products or related services , under which conditions and on what basis. accordingly , member states should not adopt or maintain additional national requirements on those matters falling within the scope of this regulation , unless explicitly provided for in this regulation , since this would affect the direct and uniform application of this regulation.


### (4) in order to respond to the needs of the digital economy and to remove barriers to a well-functioning internal market for data , it is necessary to lay down a harmonised framework specifying who , other than the manufacturer or other data holder is entitled to access the data generated by products or related services , under which conditions and on what basis. accordingly , member states should not adopt or maintain additional national requirements on those matters falling within the scope of this regulation , unless explicitly provided for in this regulation , since this would affect the direct and uniform application of this regulation. ### (4) in order to respond to the needs of the digital transition and digital economy , protect consumers and to remove unjustified barriers to a well-functioning internal market for data , it is necessary to lay down a harmonised framework specifying who , other than the manufacturer or other data holder is entitled to access the data generated by products or related services , under which conditions and on what basis. accordingly , member states should not adopt or maintain additional national requirements on those matters falling within the scope of this regulation , unless explicitly provided for in this regulation , since this would affect the direct and uniform application of this regulation.


### (5) this regulation ensures that users of a product or related service in the union can access , in a timely manner , the data generated by the use of that product or related service and that those users can use the data , including by sharing them with third parties of their choice. it imposes the obligation on the data holder to make data available to users and third parties nominated by the users in certain circumstances. it also ensures that data holders make data available to data recipients in the union under fair , reasonable and non-discriminatory terms and in a transparent manner. private law rules are key in the overall framework of data sharing. therefore , this regulation adapts rules of contract law and prevents the exploitation of contractual imbalances that hinder fair data access and use for micro , small or medium-sized enterprises within the meaning of recommendation 2003/361/ec. this regulation also ensures that data holders make available to public sector bodies of the member states and to union institutions , agencies or bodies , where there is an exceptional need , the data that are necessary for the performance of tasks carried out in the public interest. in addition , this regulation seeks to facilitate switching between data processing services and to enhance the interoperability of data and data sharing mechanisms and services in the union. this regulation should not be interpreted as recognising or creating any legal basis for the data holder to hold , have access to or process data , or as conferring any new right on the data holder to use data generated by the use of a product or related service. instead , it takes as its starting point the control that the data holder effectively enjoys , de facto or de jure , over data generated by products or related services. ### (5) this regulation ensures that users of a product or related service in the union including data subjects and consumers , can access , in a timely manner , the data generated by the use of that product or related service and that those users can use the data , including by sharing them with third parties and for the purposes of their choice. it imposes the obligation on the data holder to make data available to users and third parties nominated by the users in certain circumstances. it also ensures that data holders make data available to data recipients in the union under fair , reasonable and non-discriminatory terms and in a transparent manner. private law rules are key in the overall framework of data sharing. therefore , this regulation adapts rules of contract law and prevents the exploitation of contractual imbalances that hinder fair data access and use for micro , small or medium-sized enterprises within the meaning of recommendation 2003/361/ec. this regulation also ensures that data holders make available to public sector bodies of the member states and to union institutions , agencies or bodies , where there is an exceptional need , the data that are necessary for the performance of tasks carried out in the public interest. in addition , this regulation seeks to facilitate switching between data processing services and to enhance the interoperability of data and data sharing mechanisms and services in the union. this regulation should not be interpreted as recognising or creating any legal basis for the data holder to hold , have access to or process data , or as conferring any new right on the data holder to use data generated by the use of a product or related service. instead , it takes as its starting point the control that the user should effectively enjoy , de facto and de jure , over data generated by products or related services.


### (5) this regulation ensures that users of a product or related service in the union can access , in a timely manner , the data generated by the use of that product or related service and that those users can use the data , including by sharing them with third parties of their choice. it imposes the obligation on the data holder to make data available to users and third parties nominated by the users in certain circumstances. it also ensures that data holders make data available to data recipients in the union under fair , reasonable and non-discriminatory terms and in a transparent manner. private law rules are key in the overall framework of data sharing. therefore , this regulation adapts rules of contract law and prevents the exploitation of contractual imbalances that hinder fair data access and use for micro , small or medium-sized enterprises within the meaning of recommendation 2003/361/ec. this regulation also ensures that data holders make available to public sector bodies of the member states and to union institutions , agencies or bodies , where there is an exceptional need , the data that are necessary for the performance of tasks carried out in the public interest. in addition , this regulation seeks to facilitate switching between data processing services and to enhance the interoperability of data and data sharing mechanisms and services in the union. this regulation should not be interpreted as recognising or creating any legal basis for the data holder to hold , have access to or process data , or as conferring any new right on the data holder to use data generated by the use of a product or related service. instead , it takes as its starting point the control that the data holder effectively enjoys , de facto or de jure , over data generated by products or related services. ### (5) this regulation ensures that users of a product or related service in the union can access , in a timely manner , the data generated by the use of that product or related service and that those users can use the data , including by sharing them with third parties of their choice. it imposes the obligation on the data holder to make data available to users and third parties nominated by the users in certain circumstances. it also ensures that data holders make data available to data recipients in the union under fair , reasonable and non-discriminatory terms and in a transparent manner. therefore , this regulation adapts rules of contract law and prevents the exploitation of contractual imbalances that hinder fair data access and use for micro , small or medium-sized enterprises within the meaning of recommendation 2003/361/ec. in addition , this regulation seeks to facilitate switching between data processing services and to enhance the interoperability of data and data sharing mechanisms and services in the union. this regulation should not be interpreted as recognising or creating any legal basis for the data holder to hold , have access to or process data , or as conferring any new right on the data holder to use data generated by the use of a product or related service.


### (5) this regulation ensures that users of a product or related service in the union can access , in a timely manner , the data generated by the use of that product or related service and that those users can use the data , including by sharing them with third parties of their choice. it imposes the obligation on the data holder to make data available to users and third parties nominated by the users in certain circumstances. it also ensures that data holders make data available to data recipients in the union under fair , reasonable and non-discriminatory terms and in a transparent manner. private law rules are key in the overall framework of data sharing. therefore , this regulation adapts rules of contract law and prevents the exploitation of contractual imbalances that hinder fair data access and use for micro , small or medium-sized enterprises within the meaning of recommendation 2003/361/ec. this regulation also ensures that data holders make available to public sector bodies of the member states and to union institutions , agencies or bodies , where there is an exceptional need , the data that are necessary for the performance of tasks carried out in the public interest. in addition , this regulation seeks to facilitate switching between data processing services and to enhance the interoperability of data and data sharing mechanisms and services in the union. this regulation should not be interpreted as recognising or creating any legal basis for the data holder to hold , have access to or process data , or as conferring any new right on the data holder to use data generated by the use of a product or related service. instead , it takes as its starting point the control that the data holder effectively enjoys , de facto or de jure , over data generated by products or related services. ### (5) this regulation ensures that users of a product or related service in the union , including data subjects can access , in a timely manner , the data generated by the use of that product or related service and that those users can use the data , including by sharing them with third parties and for the purposes of their choice. it imposes the obligation on the data holder to make data available to users and third parties nominated by the users in certain circumstances. it also ensures that data holders make data available to data recipients in the union under fair , reasonable and non-discriminatory terms and in a transparent manner. private law rules are key in the overall framework of data sharing. therefore , this regulation adapts rules of contract law and prevents the exploitation of contractual imbalances that hinder fair data access and use for micro , small or medium-sized enterprises within the meaning of recommendation 2003/361/ec. this regulation also ensures that data holders make available to public sector bodies of the member states and to union institutions , agencies or bodies , where there is an exceptional need , the data that are necessary for the performance of tasks carried out in the public interest. in addition , this regulation seeks to facilitate switching between data processing services and to enhance the interoperability of data and data sharing mechanisms and services in the union. this regulation should not be interpreted as recognising or creating any legal basis for the data holder to hold , have access to or process data , or as conferring any new right on the data holder to use data generated by the use of a product or related service. instead , it takes as its starting point the control that the user effectively enjoys , de facto and de jure , over data generated by products or related services.


### (7) the fundamental right to the protection of personal data is safeguarded in particular under regulation (eu) 2016/679 and regulation (eu) 2018/1725. directive 2002/58/ec additionally protects private life and the confidentiality of communications , including providing conditions to any personal and non-personal data storing in and access from terminal equipment. these instruments provide the basis for sustainable and responsible data processing , including where datasets include a mix of personal and non-personal data. this regulation complements and is without prejudice to union law on data protection and privacy , in particular regulation (eu) 2016/679 and directive 2002/58/ec. 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. ### (7) the fundamental right to the protection of personal data is safeguarded in particular under regulation (eu) 2016/679 and regulation (eu) 2018/1725. directive 2002/58/ec additionally protects private life and the confidentiality of communications , including providing conditions to any personal and non-personal data storing in and access from terminal equipment. these instruments provide the basis for sustainable and responsible data processing , including where datasets include a mix of personal and non-personal data. this regulation complements and is without prejudice to union law on data protection and privacy , in particular regulation (eu) 2016/679 and directive 2002/58/ec. 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. this regulation should not be read as creating anew legal basis for the processing of personal data for any of the regulated activities , or as amending the information requirements laid down in regulation(eu) 2016/679. in the event of a conflict between this regulation and union law on the protection of personal data or national law adopted in accordance with such union law , the relevant union or national law on the protection of personal data should prevail , except where explicitly foreseen otherwise under the body of this regulation.


### (7) the fundamental right to the protection of personal data is safeguarded in particular under regulation (eu) 2016/679 and regulation (eu) 2018/1725. directive 2002/58/ec additionally protects private life and the confidentiality of communications , including providing conditions to any personal and non-personal data storing in and access from terminal equipment. these instruments provide the basis for sustainable and responsible data processing , including where datasets include a mix of personal and non-personal data. this regulation complements and is without prejudice to union law on data protection and privacy , in particular regulation (eu) 2016/679 and directive 2002/58/ec. 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. ### (7) the fundamental right to the protection of personal data is safeguarded in particular under regulation (eu) 2016/679 and regulation (eu) 2018/1725. directive 2002/58/ec additionally protects private life and the confidentiality of communications , including providing conditions to any personal and non-personal data storing in and access from terminal equipment. these instruments provide the basis for sustainable and responsible data processing , including where datasets include a mix of personal and non-personal data. this regulation complements and is without prejudice to union law on data protection and privacy , in particular regulation (eu) 2016/679 and directive 2002/58/ec. 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. this regulation should not be read as creating a new legal basis for the processing of personal data for any of the regulated activities , or as amending the information requirements laid down in regulation (eu) 2016/679. in the event of a conflict between this regulation and union law on the protection of personal data or national law adopted in accordance with such union law , the relevant union or national law on the protection of personal data should prevail.


### (8) the principles of data minimisation and data protection by design and by default are essential when processing involves significant risks to the fundamental rights of individuals. taking into account the state of the art , all parties to data sharing , including where within scope of this regulation , should implement technical and organisational measures to protect these rights. such measures include not only pseudonymisation and encryption , but also the use of increasingly available technology that permits algorithms to be brought to the data and allow valuable insights to be derived without the transmission between parties or unnecessary copying of the raw or structured data themselves. ### (8) the principles of data minimisation and data protection by design and by default are essential when processing involves significant risks to the fundamental rights of individuals. taking into account the state of the art , all parties to data sharing , including where within scope of this regulation , should implement technical and organisational measures to protect these rights. such measures include not only anonymisation and encryption , but also the use of increasingly available technology that permits algorithms to be brought to the data and allow valuable insights to be derived without the transmission between parties or unnecessary copying of the raw or structured data themselves.


### (8) the principles of data minimisation and data protection by design and by default are essential when processing involves significant risks to the fundamental rights of individuals. taking into account the state of the art , all parties to data sharing , including where within scope of this regulation , should implement technical and organisational measures to protect these rights. such measures include not only pseudonymisation and encryption , but also the use of increasingly available technology that permits algorithms to be brought to the data and allow valuable insights to be derived without the transmission between parties or unnecessary copying of the raw or structured data themselves. ### (8) the principles of data minimisation and data protection by design and by default are essential for the protection of privacy. all parties to data sharing , should implement technical and organisational measures to protect these rights. such measures include , among others , pseudonymisation and anonymisation.


### (8) the principles of data minimisation and data protection by design and by default are essential when processing involves significant risks to the fundamental rights of individuals. taking into account the state of the art , all parties to data sharing , including where within scope of this regulation , should implement technical and organisational measures to protect these rights. such measures include not only pseudonymisation and encryption , but also the use of increasingly available technology that permits algorithms to be brought to the data and allow valuable insights to be derived without the transmission between parties or unnecessary copying of the raw or structured data themselves. ### (8) the principles of data minimisation and privacy and data protection by design and by default are essential as processing can lead to significant risks to the fundamental rights of individuals. taking into account the state of the art , all parties to data sharing , including where within scope of this regulation , should implement technical and organisational measures to effectively protect and facilitate the exercise of data subjects' rights. such measures include not only deletion and anonymisation where possible , and aggregation and pseudonymisation where the aforementioned are not possible to fulfil the purposes of the processing , as well as and encryption.


### (14) physical products that obtain , generate or collect , by means of their components , data concerning their performance , use or environment and that are able to communicate that data via a publicly available electronic communications service (often referred to as the internet of things) should be covered by this regulation. electronic communications services include land-based telephone networks , television cable networks , satellite-based networks and near-field communication networks. such products may include vehicles , home equipment and consumer goods , medical and health devices or agricultural and industrial machinery. the data represent the digitalisation of user actions and events and should accordingly be accessible to the user , while information derived or inferred from this data , where lawfully held , should not be considered within scope of this regulation. such data are potentially valuable to the user and support innovation and the development of digital and other services protecting the environment , health and the circular economy , in particular though facilitating the maintenance and repair of the products in question. ### (14) physical products that obtain , generate or collect , by means of their components , data concerning their performance , use or environment and that are able to communicate that data via a publicly available electronic communications service (often referred to as the internet of things) should be covered by this regulation. electronic communications services include land-based telephone networks , television cable networks , satellite-based networks and near-field communication networks. such products may include vehicles , home equipment and consumer goods , medical and health devices or agricultural and industrial machinery.


### (14) physical products that obtain , generate or collect , by means of their components , data concerning their performance , use or environment and that are able to communicate that data via a publicly available electronic communications service (often referred to as the internet of things) should be covered by this regulation. electronic communications services include land-based telephone networks , television cable networks , satellite-based networks and near-field communication networks. such products may include vehicles , home equipment and consumer goods , medical and health devices or agricultural and industrial machinery. the data represent the digitalisation of user actions and events and should accordingly be accessible to the user , while information derived or inferred from this data , where lawfully held , should not be considered within scope of this regulation. such data are potentially valuable to the user and support innovation and the development of digital and other services protecting the environment , health and the circular economy , in particular though facilitating the maintenance and repair of the products in question. ### (14) physical products that obtain , generate or collect , by means of their components or operating system , data concerning their performance , use or environment and that are able to communicate that data via a publicly available electronic communications service (often referred to as the internet of things) should be covered by this regulation. electronic communications services include land-based telephone networks , television cable networks , satellite-based networks and near-field communication networks. such products may include vehicles , home equipment and consumer goods , medical and health devices or agricultural and industrial machinery. the data represent the digitalisation of user actions and events and should accordingly be accessible to the user , while information derived or inferred from this data , where lawfully held , should not be considered within scope of this regulation , with the exception of prototypes or unless that data are lawfully processed using the product’s own computing capacity. such data are potentially valuable to the user and support innovation and the development of digital and other services protecting the environment , health and the circular economy , in particular though facilitating the maintenance and repair of the products in question. this regulation applies to products placed on the market in the union and thus does not apply to products in development stage such as prototypes.


### (17) data generated by the use of a product or related service include data recorded intentionally by the user. such data include also data generated as a by-product of the user’s action , such as diagnostics data , and without any action by the user , such as when the product is in ‘standby mode’ , and data recorded during periods when the product is switched off. such data should include data in the form and format in which they are generated by the product , but not pertain to data resulting from any software process that calculates derivative data from such data as such software process may be subject to intellectual property rights. ### (17) data generated by the use of a product or related service include data recorded intentionally by the user. such data include also data generated as a by-product of the user’s action , such as diagnostics data , and without any action by the user , such as when the product is in ‘standby mode’ , and data recorded during periods when the product is switched off. such data should include data in the form and format in which they are generated by the product , including data processed by the product's own computing capacity.


### (17) data generated by the use of a product or related service include data recorded intentionally by the user. such data include also data generated as a by-product of the user’s action , such as diagnostics data , and without any action by the user , such as when the product is in ‘standby mode’ , and data recorded during periods when the product is switched off. such data should include data in the form and format in which they are generated by the product , but not pertain to data resulting from any software process that calculates derivative data from such data as such software process may be subject to intellectual property rights. ### (17) data generated by the use of a product or related service include data recorded intentionally by the user. such data include also data generated as a by-product of the user’s action , such as diagnostics data , and without any action by the user , such as when the product is in ‘standby mode’ , and data recorded during periods when the product is switched off. such data should include data in the form and format in which they are generated by the product , including data processed using the product’s own computing capacity.


### (20) in case several persons or entities own a product or are party to a lease or rent agreement and benefit from access to a related service , reasonable efforts should be made in the design of the product or related service or the relevant interface so that all persons can have access to data they generate. users of products that generate data typically require a user account to be set up. this allows for identification of the user by the manufacturer as well as a means to communicate to exercise and process data access requests. manufacturers or designers of a product that is typically used by several persons should put in place the necessary mechanism that allow separate user accounts for individual persons , where relevant , or the possibility for several persons to use the same user account. access should be granted to the user upon simple request mechanisms granting automatic execution , not requiring examination or clearance by the manufacturer or data holder. this means that data should only be made available when the user actually wants this. where automated execution of the data access request is not possible , for instance , via a user account or accompanying mobile application provided with the product or service , the manufacturer should inform the user how the data may be accessed. ### (20) in case several persons or entities own or use a product or are party to a lease or rent agreement and benefit from access to a related service , reasonable efforts should be made in the design of the product or related service or the relevant interface so that all persons using the product can have access to data they generate. products that generate data do not necessarily require a user account to be set up. those that do should allow for identification of the user by the manufacturer as well as a means to communicate to exercise and process data access requests. manufacturers or designers of a product that is typically used by several persons should put in place the necessary mechanism that allow separate user accounts for individual persons , where relevant , or the possibility for several persons to use the same user account. account solutions should allow a user to delete their account and the data related to it , in particular taking into account situations when the ownership or the usage of the product changes. access should be granted to the user upon simple request mechanisms granting automatic execution , not requiring examination or clearance by the manufacturer or data holder. this means that data should only be made available when the user actually wants this. where automated execution of the data access request is not possible , for instance , via a user account or accompanying mobile application provided with the product or service , the manufacturer or the data holder should duly justify why and immediately inform the user how the data may be accessed swiftly and no later than in one day.


### (23) before concluding a contract for the purchase , rent , or lease of a product or the provision of a related service , clear and sufficient information should be provided to the user on how the data generated may be accessed. this obligation provides transparency over the data generated and enhances the easy access for the user. this obligation to provide information does not affect the obligation for the controller to provide information to the data subject pursuant to article 12 , 13 and 14 of regulation 2016/679. ### (23) before concluding a contract for the purchase , use , rent , or lease of a product or the provision of a related service , clear and sufficient information should be provided to the user on how the data generated may be accessed. this obligation provides transparency over the data generated and enhances the easy access for the user. this obligation to provide information does not affect the obligation for the controller to provide information to the data subject pursuant to article 12 , 13 and 14 of regulation 2016/679.


### (25) in sectors characterised by the concentration of a small number of manufacturers supplying end users , there are only limited options available to users with regard to sharing data with those manufacturers. in such circumstances , contractual agreements may be insufficient to achieve the objective of user empowerment. the data tends to remain under the control of the manufacturers , making it difficult for users to obtain value from the data generated by the equipment they purchase or lease. consequently , there is limited potential for innovative smaller businesses to offer data-based solutions in a competitive manner and for a diverse data economy in europe. this regulation should therefore build on recent developments in specific sectors , such as the code of conduct on agricultural data sharing by contractual agreement. sectoral legislation may be brought forward to address sector-specific needs and objectives. furthermore , the data holder should not use any data generated by the use of the product or related service in order to derive insights about the economic situation of the user or its assets or production methods or the use in any other way that could undermine the commercial position of the user on the markets it is active on. this would , for instance , involve using knowledge about the overall performance of a business or a farm in contractual negotiations with the user on potential acquisition of the user’s products or agricultural produce to the user’s detriment , or for instance , using such information to feed in larger databases on certain markets in the aggregate ( ,e.g. databases on crop yields for the upcoming harvesting season) as such use could affect the user negatively in an indirect manner. the user should be given the necessary technical interface to manage permissions , preferably with granular permission options (such as “allow once” or “allow while using this app or service”) , including the option to withdraw permission. ### (25) in sectors characterised by the concentration of a small number of manufacturers supplying end users , there are only limited options available to users with regard to sharing data with those manufacturers. in such circumstances , contractual agreements may be insufficient to achieve the objective of user empowerment. the data tends to remain under the control of the manufacturers , making it difficult for users to obtain value from the data generated by the equipment they purchase , use , rent or lease. consequently , there is limited potential for innovative smaller businesses to offer data-based solutions in a competitive manner and for a diverse data economy in europe. this regulation should therefore build on recent developments in specific sectors , such as the code of conduct on agricultural data sharing by contractual agreement. sectoral legislation may be brought forward to address sector-specific needs and objectives. furthermore , the data holder should not use any data generated by the use of the product or related service in order to derive insights about the economic situation of the user or its assets or production methods or the use in any other way that could undermine the commercial position of the user on the markets it is active on. this would , for instance , involve using knowledge about the overall performance of a business or a farm in contractual negotiations with the user on potential acquisition of the user’s products or agricultural produce to the user’s detriment , or for instance , using such information to feed in larger databases on certain markets in the aggregate ( ,e.g. databases on crop yields for the upcoming harvesting season) as such use could affect the user negatively in an indirect manner. the user should in all circumstances be given the necessary technical interface to manage permissions with granular permission options , including the option to withdraw permissions , which should be given at equal prominence level to accepting all.


### (26) in contracts between a data holder and a consumer as a user of a product or related service generating data , directive 93/13/eec applies to the terms of the contract to ensure that a consumer is not subject to unfair contractual terms. for unfair contractual terms unilaterally imposed on a micro , small or medium-sized enterprise as defined in article 2 of the annex to recommendation 2003/361/ec63 , this regulation provides that such unfair terms should not be binding on that enterprise. ### (26) in contracts between a data holder and a consumer as a user of a product or related service generating data , eu consumer law applies , including directive 2005/29/ec , which applies against unfair commercial practices , and directive 93/13/eec applies to the terms of the contract to ensure that a consumer is not subject to unfair contractual terms. for unfair contractual terms unilaterally imposed on a micro , small or medium-sized enterprise as defined in article 2 of the annex to recommendation 2003/361/ec63 , this regulation provides that such unfair terms should not be binding on that enterprise.


### (28) the user should be free to use the data for any lawful purpose. this includes providing the data the user has received exercising the right under this regulation to a third party offering an aftermarket service that may be in competition with a service provided by the data holder , or to instruct the data holder to do so. the data holder should ensure that the data made available to the third party is as accurate , complete , reliable , relevant and up-to-date as the data the data holder itself may be able or entitled to access from the use of the product or related service. any trade secrets or intellectual property rights should be respected in handling the data. it is important to preserve incentives to invest in products with functionalities based on the use of data from sensors built into that product. the aim of this regulation should accordingly be understood as to foster the development of new , innovative products or related services , stimulate innovation on aftermarkets , but also stimulate the development of entirely novel services making use of the data , including based on data from a variety of products or related services. at the same time , it aims to avoid undermining the investment incentives for the type of product from which the data are obtained , for instance , by the use of data to develop a competing product. ### (28) the user should be free to use the data for any lawful purpose. this includes providing the data the user has received exercising the right under this regulation to a third party offering an aftermarket service that may be in competition with a service provided by the data holder , or to instruct the data holder to do so. the data holder should ensure that the data made available to the third party is as accurate , complete , reliable , relevant and up-to-date as the data the data holder itself may be able or entitled to access from the use of the product or related service.


### (28) the user should be free to use the data for any lawful purpose. this includes providing the data the user has received exercising the right under this regulation to a third party offering an aftermarket service that may be in competition with a service provided by the data holder , or to instruct the data holder to do so. the data holder should ensure that the data made available to the third party is as accurate , complete , reliable , relevant and up-to-date as the data the data holder itself may be able or entitled to access from the use of the product or related service. any trade secrets or intellectual property rights should be respected in handling the data. it is important to preserve incentives to invest in products with functionalities based on the use of data from sensors built into that product. the aim of this regulation should accordingly be understood as to foster the development of new , innovative products or related services , stimulate innovation on aftermarkets , but also stimulate the development of entirely novel services making use of the data , including based on data from a variety of products or related services. at the same time , it aims to avoid undermining the investment incentives for the type of product from which the data are obtained , for instance , by the use of data to develop a competing product. ### (28) the user should be free to use the data for any lawful purpose , in full compliance with this regulation and any other union and national related legislation. this includes exercising the right of the user under this regulation to share data with a third party of the user’s choice offering an aftermarket service that may be in competition with a service provided by the data holder , or to instruct the data holder to do so. in order to comply with the user’s request , the data holder should ensure that the data made available to the third party is as accurate , complete , reliable , relevant and up-to-date as the data the data holder itself may be able or entitled to access from the use of the product or related service. any intellectual property rights should be respected in handling the data. it is important to preserve incentives to invest in products with functionalities based on the use of data from sensors built into that product.