### 15. underlines that certain types of legal , yet harmful , content should also be addressed to ensure a fair digital ecosystem; expects guidelines to include increased transparency rules on content moderation or political advertising policy to ensure that removals and the blocking of harmful content are limited to the absolute necessary; ### 15. expects the digital services act to include rules on content moderation or political advertising policy to ensure that removals of content are in line with human rights standards and limited to content which is illegal beyond doubt or has been found illegal by the judiciary;


### 16. deems that accountability- and evidence-based policy making requires robust data on the prevalence and removal of illegal content online; ### 16. deems that accountability- and evidence-based policy making requires robust data on the prevalence and removal of illegal content online , as well as on the content curation algorithms of online platforms;


### 17. calls , in this regard , for a regular public reporting obligation for platforms , proportionate to their scale of reach and operational capacities; ### 17. calls , in this regard , for a regular , comprehensive and consistent public reporting obligation for platforms , proportionate to their scale of reach and operational capacities;


### 18. calls , moreover , for a regular public reporting obligation for national authorities; ### 18. calls , moreover , for a regular public reporting obligation for national authorities , including inter alia information on the number of removal orders , on the number of identified illegal content or activities which led to investigation and prosecution , and the number of cases of content or activities wrongly identified as illegal;


### 19. expresses its concern regarding the fragmentation of public oversight and supervision of platforms and the frequent lack of financial and human resources for the oversight bodies needed to properly fulfil their tasks; calls for increased cooperation with regard to regulatory oversight of digital services; ### 19. expresses its concern regarding the fragmentation of public oversight and supervision of online platforms and other digital service providers and the frequent lack of financial and human resources that the oversight bodies need to properly fulfil their tasks; calls for increased cooperation with regard to regulatory oversight of digital services;


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


### 21. considers that the transparency reports drawn up by platforms and national competent authorities should be made available to this eu body , which should be tasked with drawing up yearly reports that provide a structured analysis of illegal content removal and blocking at eu level; ### 21. considers that the transparency reports drawn up by platforms and competent authorities should be made publicly available , including drawing up yearly reports that provide a structured analysis of content removal at eu level; considers that cases which did not result in the removal or disabling access to content shall also be reported;


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


### 23. underlines the importance of empowering users to enforce their own fundamental rights online , including by means of easily accessible complaint procedures , legal remedies , educational measures and awareness-raising on data protection issues; ### 23. underlines the importance of empowering users to enforce their own fundamental rights online , including by means of easily accessible , impartial , efficient and free complaint procedures , legal remedies , educational measures and awareness-raising on data protection issues;


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


### 1. considers it necessary to adopt uniform , union-wide rules to combat hatred and disinformation and to protect children and youth as well as rules governing online advertising and fair e-commerce and at the same time calls for a strict distinction to be made between illegal and harmful content and cases of disinformation , as different rules are applicable in each case; ### 1. considers it necessary to adopt uniform , union-wide rules to combat hatred and disinformation and to protect children and youth as well as rules governing online advertising and fair e-commerce and at the same time calls for a strict distinction to be made between illegal , illegally shared and harmful content and cases of disinformation , as different rules are applicable in each case;


### 1. underlines that digital services and their underlying algorithms need to fully respect fundamental rights , especially the protection of privacy and personal data , non-discrimination and the freedom of speech and information , as enshrined in the treaties and the charter of fundamental rights of the european union; calls therefore on the commission to implement an obligation of transparency and explainability of algorithms , and the possibility of human intervention , as well as other measures , such as independent audits and specific stress tests to assist and enforce compliance; ### 1. underlines that digital services and their underlying algorithms need to fully respect fundamental rights , especially privacy , the protection of personal data , non-discrimination and the freedom of expression and information , as enshrined in the treaties and the charter of fundamental rights of the european union; calls therefore on the commission to implement an obligation of transparency and explainability of algorithms , penalties to enforce such obligations , and the possibility of human intervention , as well as other measures , such as independent audits and specific stress tests to assist and enforce compliance;


### 1. underlines that digital services and their underlying algorithms need to fully respect fundamental rights , especially the protection of privacy and personal data , non-discrimination and the freedom of speech and information , as enshrined in the treaties and the charter of fundamental rights of the european union; calls therefore on the commission to implement an obligation of transparency and explainability of algorithms , and the possibility of human intervention , as well as other measures , such as independent audits and specific stress tests to assist and enforce compliance; ### 1. underlines that digital services and their underlying algorithms need to fully respect fundamental rights , especially privacy and the protection of personal data , non-discrimination and the freedom of expression and information , as enshrined in the treaties and the charter of fundamental rights of the european union; calls therefore on the commission to implement an obligation of transparency and explainability of algorithms , and the possibility of human intervention , as well as other measures , such as independent audits and specific stress tests to assist and enforce compliance;


### 1. stresses that wherever it is technically possible and reasonable , intermediaries should be required to enable the anonymous use of their services and payment for them , since anonymity effectively prevents unauthorised data disclosure and identity theft; notes that where the directive on consumer rights requires commercial traders to communicate their identity , providers of major market places could be obliged to verify their identity , while in other cases the right to use digital services anonymously should be upheld; ### 1. stresses that wherever it is technically possible and reasonable , intermediaries should be required to enable the anonymous use of their services and payment for them , since anonymity effectively prevents unauthorised data disclosure , identity theft and other forms of abuse of personal data collected online; notes that where the directive on consumer rights requires commercial traders to communicate their identity , providers of major market places could be obliged to verify their identity , while in other cases the right to use digital services anonymously should be upheld;


### 2. calls on platform operators not only to immediately delete illegal content after positive identification , but also to continuously transmit it to the law enforcement authorities for the purpose of further prosecution , including the metadata necessary for this purpose , ### 2. calls on platform operators not only to delete illegal content expeditiously after positive identification following a notification , but also to transmit it to the law enforcement authorities for the purpose of further prosecution , including the metadata necessary for this purpose , and in all cases content providers have to be notified about the content removed , the legal basis and the possibility of redress;


### 2. emphasises that the rapid development of digital services requires strong legislation to protect privacy and a reasonable duty of care to ensure digital dignity; stresses therefore in this regard that all digital services need to fully respect union data protection law , namely regulation (eu) 2016/679 of the european parliament and of the council (gdpr)1 and directive (ec) 2002/58 of the european parliament and of the council (eprivacy)2 , currently under revision , and the freedom of expression; ### 2. emphasises that the rapid development of digital services requires a strong futureproof legislative framework to protect personal data and privacy; stresses therefore in this regard that all digital services need to fully respect union data protection law , namely regulation (eu) 2016/679 of the european parliament and of the council (gdpr)1 and directive (ec) 2002/58 of the european parliament and of the council (eprivacy)2 , currently under revision , the freedom of expression and non-discrimination;


### 2. emphasises that the rapid development of digital services requires strong legislation to protect privacy and a reasonable duty of care to ensure digital dignity; stresses therefore in this regard that all digital services need to fully respect union data protection law , namely regulation (eu) 2016/679 of the european parliament and of the council (gdpr)1 and directive (ec) 2002/58 of the european parliament and of the council (eprivacy)2 , currently under revision , and the freedom of expression; ### 2. emphasises that the rapid development of digital services requires strong legislation to protect privacy and personal data to ensure digital dignity; stresses therefore in this regard that all digital services need to fully respect union data protection law , namely regulation (eu) 2016/679 of the european parliament and of the council (gdpr)1 and directive (ec) 2002/58 of the european parliament and of the council (eprivacy)2 , currently under revision , and the freedom of expression;


### 2. notes that since the online activities of individuals allow for deep insights into their personality and make it possible to manipulate them , the collection and use of personal data concerning the use of digital services should be subjected to a specific privacy framework and limited to the extent necessary to provide and bill the use of the service; ### 2. notes that since the online activities of individuals allow for deep insights into their personality and make it possible to manipulate them , the collection and use of personal data concerning the use of digital services should be subjected to a specific privacy framework and limited to the extent necessary to provide and bill the use of the service; stresses that in the spirit of the jurisprudence on communications data , public authorities shall be given access to a user’s subscriber and metadata only to investigate suspects of serious crime with prior judicial authorisation;


### 3. insists that the protection and promotion of freedom and diversity of opinion , information , the press and cultural forms of expression , as well as the protection of the privacy of communication between individuals , form the basis of liberal democracy and that this applies online without restriction; demands therefore that the use of all technologically feasible means of combating harmful or illegal content on the internet in this context be subjected to careful prior constitutional vetting and therefore rejects prior checks on content as disproportionate; ### 3. insists that the protection and promotion of freedom and diversity of opinion , information , the press and cultural forms of expression , as well as the protection of the privacy of communication between individuals , form the basis of liberal democracy and that this applies online without restriction; demands therefore that the use of automated technological means of combating harmful , illegal or illegally shared content on the internet in this context be subjected to prohibition as disproportionate; and calls on the commission to adopt uniform rules on notice and action procedure in order to speed up the removal of illegal or illegally shared content;


### 3. recommends commission to work on harmonising the national personal identification sign-ins with a view to creating a single union sign-in system in order to ensure the protection of personal data and age verification , especially for children; ### 3. calls on the commission to reflect on the need and the technical possibilities for age verification systems; stresses that such systems must be transparent , secure , and anonymised in order to prevent data misuse and user tracking;


### 3. notes that automated tools are unable to differentiate illegal content from content that is legal in a given context; highlights that human review of automated reports by service providers does not solve this problem as private staff lack the independence , qualification and accountability of public authorities; stresses , therefore , that the digital services act should explicitly prohibit any obligation on hosting service providers or other technical intermediaries to use automated tools for content moderation , and refrain from imposing notice-and-stay-down mechanisms; insists that content moderation procedures used by providers should not lead to any ex-ante control measures based on automated tools or upload-filtering of content; ### 3. notes that automated tools are unable to differentiate illegal content from content that is legal in a given context; highlights that human review of automated reports by service providers , their staff or their contractors does not solve this problem as private staff lack the independence , qualification and accountability of public authorities; stresses , therefore , that the digital services act should explicitly prohibit any obligation on hosting service providers or other technical intermediaries to use automated tools for content moderation , and refrain from imposing notice-and-stay-down mechanisms; insists that content moderation procedures used by providers should not lead to any ex-ante control measures based on automated tools or upload-filtering of content;


### 4. emphasises that open , network and technology-neutral access to the internet must be particularly protected by law because it forms the basis for the necessary interoperability of services and systems , ensures diversity , enables fair competition and the creation of a digital service infrastructure that includes access for every single citizen of the union to quality information , educational , scientific and cultural offers; calls therefore on the commission to step up efforts to ensure the equal , non-discriminatory treatment of all data traffic in the union and to critically re-examine the impact of zero-rated offers on competition in the union. ### 4. emphasises that open , network and technology-neutral access to the internet must be particularly protected by law because it forms the basis for the necessary interoperability of services and systems , ensures diversity , enables fair competition and the creation of a digital service infrastructure that includes access for every single citizen of the union to quality information , educational , scientific and cultural offers; calls therefore on the commission to step up efforts to ensure the equal , non-discriminatory treatment of all data traffic in the union and to critically re-examine the impact of zero-rated offers on competition in the union; reminds that open source software , open standards , and open technologies are best suited to ensure interoperability , fair competition , and accessibility;


### 4. points out that biometric data is considered to be a special category of personal data with specific rules for processing; notes that biometrics can and are used for identification and authentication of individuals , which entails significant risks to and interferences with the right to privacy and data protection , as well as enabling identity fraud; calls on the commission to incorporate in its digital services act an obligation to always give users of digital services an alternative for using biometrical data for the functioning of a service , and an obligation to clearly inform the customers on the risks of using biometric data; stresses that a digital service may not be refused where the individual refuses to use biometric data; ### 4. points out that biometric data is considered to be a special category of personal data with specific rules for processing; notes that biometrics can and are used for identification and authentication of individuals , which entails significant risks to and interferences with the right to privacy and data protection , as well as enabling identity fraud; calls on the commission to incorporate in its digital services act an obligation to always give users of digital services an alternative for using biometrical data set by default for the functioning of a service , and an obligation to clearly inform the customers on the risks of using biometric data; stresses that a digital service may not be refused where the individual refuses to use biometric data;


### 5. notes the potential negative impact of micro-targeted advertising and of assessment of individuals , especially on minors and other vulnerable groups , by interfering in the private life of individuals , posing questions as to the collection and use of the data used to target said advertising , offering products or services or setting prices; calls therefore on the commission to introduce a limitation on micro-targeted advertisements , especially on vulnerable groups , and a prohibition on the use of discriminatory practices for the provision of services or products. ### 5. notes the potential negative impact of personalised advertising , in particular micro-targeted and behavioural advertisements , and of assessments of individuals , especially minors , by interfering in the private life of individuals , posing questions as to the collection and use of the data used to personalise advertising , offering products or services or setting prices; calls therefore on the commission to introduce a phase-out prohibition on personalised advertisements , starting with minors , and a prohibition on the use of discriminatory practices for the provision of services or products;


### 5. notes the potential negative impact of micro-targeted advertising and of assessment of individuals , especially on minors and other vulnerable groups , by interfering in the private life of individuals , posing questions as to the collection and use of the data used to target said advertising , offering products or services or setting prices; calls therefore on the commission to introduce a limitation on micro-targeted advertisements , especially on vulnerable groups , and a prohibition on the use of discriminatory practices for the provision of services or products. ### 5. notes the potential negative impact of micro-targeted advertising and of assessment of individuals , especially on minors and other vulnerable groups , by interfering in the private life of individuals , posing questions as to the collection and use of the data used to target said advertising , offering products or services or setting prices; reconfirms that the eprivacy directive makes targeted advertising subject to an opt-in decision and that it is otherwise prohibited , calls on the commission to prohibit the use of discriminatory practices for the provision of services or products.


### 5. emphasises that the spread of false and racist information on social media should be contained by giving users control over content proposed to them; stresses that curating content on the basis of tracking user actions should require the user’s consent; proposes that users of social networks should have a right to see their timeline in chronological order; suggests that dominant platforms should provide users with an api to have content curated by software or services of their choice; ### 5. points out that in order to protect fundamental rights and to ensure legal certainty , the digital services act shall not use the legally undefined concept of “harmful content” , but shall address the publication of content that is unlawful; emphasises that the spread of false and racist information on social media should be contained by giving users control over content proposed to them; stresses that curating content on the basis of tracking user actions should require the user’s consent; proposes that users of social networks should have a right to see their timeline in chronological order; suggests that dominant platforms should provide users with an api to have content curated by software or services of their choice;


### 6. stresses that , in order to overcome the lock-in effect of centralised networks and to ensure competition and consumer choice , users of dominant social media services and messaging services should be given a right to cross-platform interaction via open interfaces (interconnectivity). ### 6. stresses that , in order to overcome the lock-in effect of centralised networks and to ensure competition and consumer choice , users of dominant social media services and messaging services should be given a right to cross-platform interaction via open interfaces (interconnectivity); highlights that these users shall be able to interact with users of alternative services , and that the users of alternative services shall be allowed to interact with them.


### 1. welcomes the ambitions affirmed by the commission in its communications of 19 february 20201 in the area of ai artificial intelligence (ai) and data; ### 1. welcomes the ambitions affirmed by the commission in its communications of 19 february 20201 in the area of ai artificial intelligence (ai) and data; notes , however , that the issue of the protection of intellectual property rights in the context of the development of ai technologies has not been addressed by the commission;


### 1. recalls that artificial intelligence (ai) should serve humanity and that its benefits should be widely shared; stresses that , in the long-term , ai may surpass human intellectual capacity; stresses the need therefore to establish safeguards such as human control and verification of ai decision-making; ### 1. recalls that artificial intelligence (ai) should serve humanity and that its benefits should be widely shared; stresses the need to establish safeguards such as human control , transparency and verification of ai decision-making;


### 1. welcomes the commission white paper on ‘artificial intelligence - a european approach to excellence and trust’ and the european data strategy; stresses that the approaches outlined therein are likely to contribute to the deployment of the potential of human-centered ai in the eu; notes , however , that the issue of the protection of iprs in the context of the development of ai technologies does not seem to have been addressed by the commission , despite the importance of these rights and the role played by innovation and creativity in the eu economy; ### 1. takes note of the commission white paper on ‘artificial intelligence - a european approach to excellence and trust’ and the european data strategy; notes , however , that the issue of the protection of iprs in the context of the development of ai technologies has not been addressed by the commission;


### 2. highlights the fact that the development of ai technologies in the transport sector has the potential to bring considerable economic , societal , environmental and safety benefits; ### 2. highlights the fact that the development of ai technologies in the transport sector , while taking into account the impact on the natural environment and human health , has the potential to bring considerable economic , societal , environmental and safety advantages , to the benefit of all citizens and society , by improving the quality of life , creating new employment opportunities and more sustainable business models and needs to be designed to be widely affordable;


### 2. stresses that the eu should play an essential role in laying down basic principles on the development , programming and use of ai , notably in its regulations and codes of conduct; ### 2. stresses that the eu should play an essential role in laying down basic principles on the development , and use of ai , notably in its regulations and codes of conduct;


### 2. stresses that the development and deployment of ai technologies and the growth of the global data economy make it necessary to address significant technical , social , economic , ethical and legal issues in a variety of policy areas , including iprs; ### 2. stresses that the development and deployment of ai technologies and the growth of the global data economy make it necessary to address significant technical , social , economic , ethical and legal issues in a variety of policy areas , including iprs and their impact on the latter policy areas; highlights that in order to unlock the potential of ai technologies , removing unnecessary legal barriers to their development and to their use is necessary;


### 3. affirms that defining the appropriate legal framework for intellectual property rights for ai and connectivity innovations , as well as for access to and security of data will be key in the development and smooth and wide dissemination of ai technologies in transport; ### 3. affirms that defining the appropriate legal framework for intellectual property rights for ai and connectivity innovations , as well as for access to and security of data will be key in the development and smooth , safe and wide dissemination of ai technologies in transport; highlights the need to ensure that eu rules on intellectual property do not hinder data accessibility , and thus the development of ai;


### 3. recalls that ai cannot only perform activities which used to be exclusively human , but that it can also acquire and develop autonomous and cognitive features , through experience learning; stresses that ai systems can autonomously create and generate cultural and creative works , with only minimum human input; notes , moreover , that ai systems can evolve in an unpredictable way , by creating original works unknown to their initial programmers; ### deleted


### 3. stresses the importance of protecting iprs in relation to ai technologies , in order to create the legal certainty and build the trust needed to encourage investment in these technologies; considers that the eu can be a frontrunner in the creation of ai technologies if it adopts an operational regulatory framework that is regularly assessed in the light of technological developments and implements proactive public policies , particularly as regards training programmes and financial support for research; ### 3. stresses the importance of a balanced ipr protection in relation to ai technologies , in order to create the legal certainty and build the trust needed to encourage investment in these technologies , but also the use of these technologies by consumers; considers that the eu can be a frontrunner in the creation of ai technologies if it adopts an operational regulatory framework that is regularly assessed in the light of technological developments and implements proactive public policies , particularly as regards training programmes and financial support for research;


### 4. considers that ip protection strategies will constantly evolve over time as ai evolves , and that it will be necessary to take account of issues such as flexible copyright , patent protection or even trade secrets rules , and to consider what route will provide innovators with the broadest and most robust means of ip protection; ### 4. considers that ip will evolve over time as ai evolves , and that it will be necessary to adapt to this changing environment with copyright , patent protection or even trade secrets rules and to take this into account to consider what route will provide innovators with the broadest and most robust means of ip protection , fostering creativity and innovation;


### 4. emphasises the need to address copyright issues relating to ai-generated cultural and creative works; underlines , in that context , the need to assess whether the notion of the human creator as the basis for the intellectual property rights (ipr) system is still adequate for ai-generated works; considers that automatically assigning the copyright of ai-generated works to the copyright holder of the ai software , algorithm or programme may not be the best way forward; ### deleted


### 4. considers also that the union must address the various aspects of ai by means of a definition that is technologically neutral and sufficiently flexible to encompass future technological developments; ### 4. considers also that the union must address the various aspects of ai by means of definitions that are technologically neutral and sufficiently flexible to encompass future technological developments , as well as subsequent uses;


### 5. expresses concern about the vacuum left between ipr and the development of ai , which could make cultural and creative industries vulnerable to ai-generated copyright-protected works; calls on the commission to support a horizontal and technologically neutral approach to ipr applicable to ai-generated works; ### 5. stresses the need to monitor the evidence of substantial market failure or harm occurred due to the use of ai , in particular in cultural and creative industries; calls on the commission to support a horizontal , evidence-based and technologically neutral approach to ipr;


### 5. recommends that priority be given to assessment by sector and type of ipr implications of ai technologies; considers that such an approach should take into account the degree of human intervention , the importance of the role of the data used and the possible involvement of other factors , such as sectoral economic equilibria; ### 5. recommends that priority be given to assessment by sector and type of ipr implications of ai technologies; considers that such an approach should take into account the degree of human intervention , the importance of the role of the data used and the possible involvement of other factors , such as sectoral economic and social equilibria;


### 6. notes that the current fragmented legal framework of ip rights represents an obstacle for the development of ai technologies in transport; calls on the commission , therefore , to evaluate the fitness of its intellectual property regime for the development of ai technologies and to put forward the legislative proposals it finds necessary; ### 6. notes that the current fragmented legal framework of ip rights and the legal uncertainty regarding them , represent an obstacle for the development of ai technologies in transport; calls on the commission , therefore , to evaluate the fitness of its intellectual property regime for the development of ai technologies and to put forward the legislative proposals it finds necessary;


### 6. emphasises the need to address the issue of liability for copyright infringements made by ai systems , as well as the issue of data ownership. ### 6. emphasises the need to address remaining uncertainties related to the legal performance of text and data mining that developers of ai may still face following the adoption of directive (eu) 2019/790; calls on the commission to issue guidance on how reserving the rights other than by machine readable means shall be made publicly available for all in a centralised way; considers that the issue of data ownership goes against further enhancing data access and use of data;


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


### 7. calls on the commission to evaluate the possibility and relevance for companies of obtaining patents based on software or algorithms with a view to ensuring both the protection of innovation and the need for transparency required for trustworthy ai; ### 7. calls on the commission to ensuring both the protection of innovation and the transparency required for trustworthy ai;


### 7. points out that mathematical methods are excluded from patentability unless they constitute inventions of a technical nature , which are then patentable if the applicable criteria relating to inventions are met; points out , further , that if a claim relates either to a method involving technical means or to a device , its purpose , considered as a whole , is technical in nature and it is therefore not excluded from patentability; consequently , notes that innovations in ai are patentable if the criteria relating to inventions are met; ### 7. points out that mathematical methods are excluded from patentability unless they constitute inventions of a technical nature , which are then patentable if the applicable criteria relating to inventions are met; points out , further , that if a claim relates either to a method involving technical means or to a device , its purpose , considered as a whole , is technical in nature and it is therefore not excluded from patentability; consequently , notes that innovations in ai are patentable only if the criteria relating to inventions are met;


### 8. is fully aware that progress in ai will have to be paired with major improvements in connectivity in order to come to full fruition; takes note of the intensive patenting activity taking place in the transport sector when it comes to ai; expresses its concern that this may result in massive litigation that will be detrimental to the industry as a whole; ### 8. is fully aware that progress in ai will have to be paired with major improvements in connectivity and interoperability in order to come to full fruition; takes note of the intensive patenting activity taking place in the transport sector when it comes to ai; is concerned about the effects on the already high safety risks pertaining from mixed traffic (featuring both traditional and autonomous vehicles);


### 8. notes that patent protection can be granted provided that the invention is new and not self-evident and involves an inventive step; notes , further , that patent law requires a comprehensive description of the underlying technology , which may pose challenges for certain ai technologies in view of the complexity of the reasoning; stresses also that reverse engineering is an exception to the trade secrets rule that may pose ipr-related problems in the context of the development of ai technologies; ### 8. notes that patent protection can be granted provided that the invention is new and not self-evident and involves an inventive step; notes , further , that patent law requires a comprehensive description of the underlying technology , which may pose challenges for certain ai technologies in view of the complexity of the reasoning; stresses also that reverse engineering is an exception to the copyright protection on computer programmes and to the protection of trade secrets that are of core importance for innovation and for research;


### 9. points out that standard essential patents (seps) play a key role in the development and dissemination of new ai technologies and ensuring interoperability; calls on the commission to encourage the emergence of cross-industry standards and formal standardisation; recalls in this regard the commission’s communication of 29 november 2017 on sep licensing and the key principles it set out for transparency in seps , namely fair , reasonable and non-discriminatory (frand) licensing and enforcement; draws particular attention to seps that can improve security for transport users; ### 9. points out that standard essential patents (seps) play a key role in the development and dissemination of new ai technologies and ensuring interoperability; calls on the commission to encourage the emergence of cross-industry standards and formal standardisation; recalls in this regard the commission’s communication of 29 november 2017 on sep licensing and the key principles it set out for transparency in seps , namely fair , reasonable and non-discriminatory (frand) licensing and enforcement; draws particular attention to seps that can improve security , safety and accessibility for transport users;


### 9. notes that the autonomisation of the creative process raises issues relating to the ownership of iprs; considers , in this connection , that it would not be appropriate to seek to impart legal personality to ai technologies; ### 9. notes that the autonomisation in the process of generating content of artistic nature can raise issues relating to the ownership of iprs on such content; considers , in this connection , that it would not be appropriate to seek to impart legal personality to ai technologies;


### 10. welcomes the commission’s willingness to ensure that data will be collected and used and in full compliance with the eu’s strict data protection rules; ### 10. welcomes the commission’s willingness to ensure that data will be collected and used in full compliance with the eu’s strict data protection rules;


### 10. takes the view that consideration must be given to protecting technical and artistic creations generated by ai , in order to encourage this form of creation; considers that certain works generated by ai can be regarded as equivalent to intellectual works and could therefore be protected by copyright; recommends that ownership of rights be assigned to the person who prepares and publishes a work lawfully , provided that the technology designer has not expressly reserved the right to use the work in that way; ### 10. recalls that in the continental european understanding of authorship , the concept of 'intellectual creation' is tied to the author's personality , meant to apply to natural persons , and therefore artificial agents such as robots and artificial intelligence shall not be considered as authors , and information produced by them shall not be eligible to copyright protection; considers that the authors’ fragile position and often low remuneration should not be further accentuated by new categories of copyrightable works generated by artificial intelligence technologies which would compete with human artistic creation; rejects the concept of data ownership and stresses the need for enhancing access to and use of non-personal data;


### 11. looks forward to a review of the current policy on trade marks and designs , as these can be generated autonomously by ai applications; ### deleted


### 13. welcomes the future establishment of an enabling and flexible legislative framework for the governance of common european data spaces , as well as the commission’s willingness to foster business-to-government and business-to-business data sharing and to limit mandatory access to data under frand conditions to the cases where specific circumstances so dictate; ### 13. welcomes the future establishment of an enabling legislative framework for the governance of common european data spaces , as well as the commission’s willingness to foster business-to-government and business-to-business data sharing;


### 13. notes , with regard to the use of data by ai , that the use of copyrighted data needs to be assessed in the light of the text and data mining exceptions provided for by the directive on copyright and related rights in the digital single market; highlights the ipr issues arising from the creation of deep fakes on the basis of data which may be subject to copyright; ### 13. notes , with regard to the use of data by ai , that the use of copyrighted data needs to be assessed in the light of the text and data mining exceptions provided for by the directive on copyright and related rights in the digital single market , and in the light of all uses covered by limitations and exceptions to ipr protection;


### 14. stresses the importance of full implementation of the digital single market strategy in order to improve data accessibility in the eu; stresses the need to assess in that connection whether eu rules on intellectual property are capable of protecting the data needed for the development of ai; considers that comprehensive information should be provided on the use of data protected by iprs , in particular in the context of platform-to-business relationships; ### 14. stresses the importance of implementation of the digital single market strategy in order to improve the accessibility of non-personal data in the eu; stresses the need to ensure that eu rules on intellectual property do not hinder data accessibility , and thus the development of ai; considers that comprehensive information should be provided on the use of data protected by iprs , in particular in the context of platform-to-business relationships;


### 15. notes that the commission is considering the desirability of legislation on issues that have an impact on relationships between economic operators whose purpose is to make use of data , one element in which is the evaluation of the ipr framework , including a possible revision of the database directive and a possible clarification of the application of the directive on the protection of trade secrets as a generic framework; looks forward to the results of the public consultation procedure launched by the commission on the european data strategy; ### 15. notes that the commission is considering the desirability of legislation on issues that have an impact on relationships between economic operators whose purpose is to make use of non-personal data , one element in which is the evaluation of the ipr framework , including a possible revision of the database directive and a possible clarification of the application of the directive on the protection of trade secrets as a generic framework; looks forward to the results of the public consultation procedure launched by the commission on the european data strategy;


### d. whereas the aim of making the european union the world leader in ai technologies must include efforts to safeguard the union’s digital and industrial sovereignty; ### deleted


### h. whereas ai technologies are regarded as mathematical methods within the meaning of the european patent convention; ### h. whereas ai technologies are regarded as mathematical methods within the meaning of the european patent convention , and are therefore not subject to patent protection;


### i. whereas ai technologies are based on the creation and execution of computer programs which , as such , are protected by copyright; ### i. whereas ai technologies are based on the creation and execution of computer programs which , as such , are subject to a specific copyright protection regime;


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


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


### l. whereas ai technologies are heavily dependent on data , a blanket term for information falling into a range of categories that requires protection and tailoredgovernance; whereas increased access to certain data and databases in the european union will play a crucial role in advancing the development of european ai; ### l. whereas ai technologies are heavily dependent on data , a blanket term for information falling into a range of categories that requires protection and tailored governance; whereas increased , transparent and open access to certain non-personal data and databases in the european union will play a crucial role in advancing the development of european ai;


### 16. stresses the need for the commission to continue to aim at the highest level of protection of intellectual property for european ai developers and the maximum legal certainty for users in international negotiations , in particular as regards the ongoing discussions on ai and the data revolution under the auspices of the world intellectual property organisation (wipo); ### 16. stresses the need for the commission to aim at a balanced and innovation-driven protection of intellectual property , for the benefit of european ai developers and towards a maximum legal certainty for users , notably in international negotiations , in particular as regards the ongoing discussions on ai and the data revolution under the auspices of the world intellectual property organisation (wipo); emphasizes that the ongoing wipo negotiations on limitations and exceptions for libraries and archives and limitations and exceptions for education should first be unblocked;


### 1. recalls that it follows from directive (eu) 2018/958 that humans must always bear ultimate responsibility for decision-making that involves risks to the achievement of public interest objectives; ### 1. recalls that it follows from directive (eu) 2018/958 that humans must always bear ultimate responsibility for , and remain in control of , decision-making and actions that involve risks to the achievement of public interest objectives , or might potentially harm individuals or society at large;


### 1. sees the great potential offered by the use and development of artificial intelligence as an opportunity for more rapid economic development in the eu; ### deleted


### 1. considers that artificial intelligence can be defined as a set of methods and procedures that enable technical systems to perceive their environment , deal with what is perceived and solve problems independently , take decisions , act and learn from the consequences of such decisions and actions; ### deleted


### 2. underlines that the eu should act as a global ai norm-setter in the areas of civil and military use and of state authority , with an effective strategy aimed at strengthening its influence on shaping global standards; calls on the commission and the member states to advocate for broader cooperation within the un , oecd , g7 , g20 and other international fora in order to promote the eu approach to ai , emphasising the fundamental rights , freedoms and values that are enshrined in the eu treaties , the charter of fundamental rights of the european union and international human rights law; ### 2. underlines that the eu should act as a global ai norm-setter in the areas of civil and military use and of state authority , with an effective strategy aimed at strengthening its influence on shaping global standards; calls on the commission and the member states to advocate for broader cooperation within the un , oecd , g7 , g20 and other international fora in order to promote the eu approach to ai , emphasising the fundamental rights , freedoms and values that are enshrined in the eu treaties , the charter of fundamental rights of the european union and international human rights law and taking into account ethical standards and liability issues;


### 2. stresses that the use , creation and management of artificial intelligence must respect the fundamental rights , values and freedoms expressed in the eu treaties and in the idea underpinning the creation of the european union; welcomes the publication of the commission's white paper on artificial intelligence and encourages deeper research into the use of artificial intelligence by state authorities; stresses that the european union must contribute to the creation of an international legal framework for the use of ai , especially in the context of building the strategic advantage that ai can offer; ### 2. stresses that the use , creation and management of artificial intelligence must respect eu law , according to the charter of fundamental rights , the eu treaties and the goals and values , including in particular combatting discrimination on the basis of sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation , the right to the protection of your personal data , and or the right to get access to justice , of the european union , as well as the general principles of the european convention on human rights; welcomes the publication of the commission's white paper on artificial intelligence; notes that ai technologies enable the automation of information processing and action to an unprecedented scale such as mass surveillance in civil and military domains , which poses a threat to fundamental rights and paves the way for unlawful intervention within state sovereignty , as illustrated by the case of cambridge analytica; calls for the scrutiny of mass surveillance activities under international law jurisdiction and enforcement standards; calls for an international ban of highly intrusive social scoring as infringement of human rights; considering the decisional hegemony and control of certain private actors on the development of such technologies , calls for strengthening the accountability of such private actors under international law; encourages deeper research into the use of artificial intelligence by state authorities; stresses that the european union must contribute to the reassessment of the existing , and the creation of an international legal framework for the research and development , creation , use , maintenance , and advancement of ai , especially in the context of building the advantages that ai can offer , while countering and remedying any potential risks , in particular with regard to the principles of territorial integrity , of non-intervention , and use of force; calls on the commission to facilitate research into , and the discourse about , opportunities of using ai in disaster relief , crisis prevention , and upholding peace;


### 2. considers that all military uses of ai must be subject to human control , so that , in particular , a human has the opportunity to correct or halt them at any time , and to disable them in the event of unforeseen behaviour; ### 2. considers that ai used in a military and a civil context have to be subject to human control , so that , in particular , a human has at all times the means to correct or halt them at all times , and to disable them at all times when ai used in a military and a civil context have effects on the welfare and general interest of citizens.


### 3. believes that ai has changed and has helped the development of the transport sector through increasing automation and greater integration and connectivity of transport networks; underlines that automation and the integration of ai vary between transport modes; ### 3. believes that ai has changed and has helped the development of the transport sector through increasing automation and greater integration and connectivity of transport networks; underlines that automation and the integration of ai vary between transport modes; stresses that when further developing ai technologies in the transport sector , there is a need to increase energy efficiency by promoting the use of renewable technologies and to consider the impact on the natural environment and human health;


### 3. notes that artificial intelligence has great potential in the fight against crime , online terrorist content and cybercrime; considers that , in each of these cases , there must be certainty that its use does not lead to the unjustified deletion or blocking of content and thus to the censorship of or discrimination against views expressed online; ### 3. notes the potential of artificial intelligence in the fight against crime , including cybercrime; highlights in this regard the importance of a free and open internet as a tool for emancipation of persons , especially in unveiling and countering sexual discrimination and harassment , racism , individual as well as structural , as well as the self-fulfilment of sexual minorities , women and others; considers that , in each of these cases , there must be certainty that its use does not lead to the unjustified deletion or blocking of content and thus to the suppression of fundamental rights;


### 3. considers that their decision-making process must be traceable , so that the human decision-maker can be identified and held responsible where necessary; ### 3. considers that their decision-making process must be auditable , explainable , traceable , so that the human decision-maker can be identified and held accountable;


### 4. stresses that all operations undertaken by artificial intelligence must always remain under human supervision; stresses that artificial intelligence in the justice system should be used to improve the analysis and collection of data and the protection of victims , but that it is no substitute for human beings in terms of sentencing or decision-making; ### 4. stresses that all actions by artificial intelligence must always remain under human control; stresses that the use of artificial intelligence in the justice system should be explored in research and development , accompanied by impact assessments , in particular regarding safeguards for due process , and against bias and discrimination , applying a precautionary principle;


### 4. reiterates that they must always be consistent with international humanitarian law , in particular the geneva conventions of 12 august 1949 , notably as regards the protection of injured , sick and shipwrecked persons , the treatment of prisoners of war and the protection of civilians; ### 4. reiterates that ai used in a military context must always be consistent with international humanitarian and human rights laws , in particular the geneva conventions of 12 august 1949 , notably as regards the protection of injured , sick and shipwrecked persons , the treatment of prisoners of war and the protection of civilians;


### 6. insists that they must always be consistent with the principle of proportionality , which makes the legality of a military action conditional on a balance between the objective pursued and the means used , and that the assessment of proportionality must be made , or expressly approved , by a human being; ### 6. insists that they must always be consistent with the principle of distinction , proportionality , precaution , accountability , attributability , traceability , reliability , trustworthiness , transparency and explicability , which makes the legality of a military action conditional on a balance between the objective pursued and the means used , and that the assessment of proportionality must be made by a human;


### 7. calls on the commission and the member states to participate in the international regulatory activities and discussions on autonomous vehicles , especially in the area of safety , while ensuring cooperation among regulators and vehicle manufacturers relevant to the deployment of automated vehicles in road traffic in the eu; calls for standardised geographic input data and stresses the need for accuracy of such data; ### 7. calls on the commission and the member states to participate in the international regulatory activities and discussions on autonomous vehicles , especially in the area of safety and liability , while ensuring cooperation among regulators , vehicle manufacturers and road safety organisations relevant to the deployment of automated vehicles in road traffic in the eu; calls for standardised and interoperable geographic input data and stresses the need for accuracy of such data and a secure and anonymised transmission of the data in accordance with the regulation (eu) 2016/679 of the european parliament and of the council; underlines the importance of an ethical and regulatory framework which needs to include provisions on the quality of data sets used in algorithmic systems , on the de-biasing of datasets , as well as on the algorithms themselves and on data and aggregation standards;


### 7. stresses that the previous paragraphs concern all military uses of ai , whatever they may be , including those involving the processing of information for military purposes , military logistics , ‘collaborative combat’ and real-time support for decision-making , as well as defensive systems and all weapons that use ai , including lethal autonomous weapon systems (laws); ### 7. stresses that the previous paragraphs concern all military uses of ai , whatever they may be , including those involving the processing of information for military purposes , military logistics , ‘collaborative combat’ and real-time support for decision-making , as well as defensive systems and all weapons that use ai;


### 8. recalls that laws are weapons capable of identifying a target and deciding to attack it without human intervention , and that the level of threat they pose requires that their use be subject to specific prohibitions and legal safeguards; ### 8. recalls that the term "lethal autonomous weapons systems" (laws) refers to weapons systems without meaningful human control over the critical functions of selection and attacking individual targets , and that the level of threat they pose requires that their use have to be subject to specific prohibitions and legal safeguards;


### 9. stresses how intelligent transport systems mitigate traffic congestion and contribute to improving efficiency and mobility solutions; draws attention to the increased exposure of traditional transport networks to cyber threats; ### 9. stresses how intelligent transport systems can mitigate traffic congestion , increase safety and accessibility and contribute to improving efficiency and mobility solutions; draws attention to the increased exposure of traditional transport networks to cyber threats and underlines in that regard that the security risks of intelligent transport systems and autonomous vehicles need to be addressed;


### 9. considers that laws are lawful only if subject to control sufficiently strict to enable a human to take over command at any time , and that systems without any human control (‘human out of the loop’) must be banned; ### 9. considers that laws can be authorized only if subject to control a strict human control to enable a human to have the control all times , and that systems without any human control (‘human out of the loop’) have to be banned;


### 9. calls on states to carry out an assessment of how autonomous military devices have contributed to their national security and what their national security can gain from ai-enabled weapon systems , in particular as regards the potential of such technologies to reduce human error , thus enhancing the implementation of ihl principles; ### 9. calls on states to carry out an assessment of how autonomous military devices have contributed to their national security and what their national security can gain from ai-enabled weapon systems , in particular as regards the potential of such technologies to reduce human error , thus enhancing the implementation of ihl principles; reminds that any given laws or weapon with a high degree of autonomy could malfunction on account of badly written code or a cyber-attack perpetrated by an enemy state or a non-state actor; calls on member states to clearly define and communicate the expected economic , diplomatic and military consequences third actors engaging in cyber-attacks against european weapons with a high degree of autonomy will face; believes that the expected reaction must be credible and severe enough to prevent such actions caused by hostile states and other actors;


### 10. welcomes the efforts to introduce ai systems in the public sector and will support further discussions on ai deployment in transport; calls on the commission to carry out an evaluation of the transport sector and to compile a non-exhaustive list of high-risk segments in the context of ai systems replacing public decisions in this area; ### 10. welcomes the efforts to introduce ai systems in the public sector and will support further discussions on ai deployment in transport; underlines that transport modes for which traffic control is already well established , such as public transport , should be prioritised when developing autonomous driving; calls on the commission to carry out an evaluation of the transport sector and to compile a non-exhaustive list of high-risk segments in the context of ai systems replacing public decisions in this area;


### 10. stresses that laws should be used only in clearly defined cases and in accordance with authorisation procedures laid down in detail in advance in documents to which the state concerned — whether or not it forms part of the north atlantic treaty organisation — guarantees access for the public , or at least for its national parliament; ### deleted


### 10. calls on the hr/vp , in the framework of the ongoing discussions on the international regulation of lethal autonomous weapon systems by states parties to the convention on prohibitions or restrictions on the use of certain conventional weapons (ccw) , to help streamline the global debate on core issues and definitions where consensus has not been reached , in particular as regards concepts and characteristics of ai-enabled lethal autonomous weapons and their functions in the identification , selection and engagement of a target , application of the concept of human responsibility in the use of ai-enabled systems in defence , and the degree of human/machine interaction , including the concept of human control and judgment , during the different stages of the lifecycle of an ai-enabled weapon. ### 10. calls on the hr/vp , in the framework of the ongoing discussions on the international regulation of lethal autonomous weapon systems , to help streamline the global debate on core issues and definitions where consensus has not been reached , in particular as regards concepts and characteristics of ai-enabled lethal autonomous weapons and their functions in the identification , selection and engagement of a target , application of the concept of human responsibility in the use of ai-enabled systems in defence , and the degree of human/machine interaction , including the concept of human control and judgment , during the different stages of the lifecycle of an ai-enabled weapon; stresses the need to urgently speed up such discussions at ccw and possibly other fora in order not to miss the moment in which the international community could have regulated this ongoing revolution in military affairs; reminds its 12 september 2018 call for the urgent development and adoption of an eu common position on lethal autonomous weapon systems and for an international ban on the development , production and use of lethal autonomous weapon systems enabling strikes to be carried out without meaningful human control.


### 11. underlines that the european defence fund and permanent structured cooperation should stimulate cooperation between member states and european defence industries to develop new european defence capabilities in the field of ai and ensure security of supply , taking ethical considerations into account; recalls , moreover , that the next connecting europe facility , which also encourages smart infrastructure , will provide for a fund for the development of civilian/military dual-use transport infrastructure with a view to improving military mobility within the union. ### 11. underlines that the use of ai for military purposes should not remove the responsibility and accountability from a human and in that sense is of the strong opinion that the decision to harm or kill a human being should only be made by a well-trained human operator; welcomes in this respect the agreement of council and parliament to exclude lethal autonomous weapons ‘without the possibility for meaningful human control over the selection and engagement decisions when carrying out strikes’ from actions funded under the european defence fund; recalls , moreover , that the next connecting europe facility , which also encourages smart infrastructure , will provide for a fund for the development of civilian/military dual-use transport infrastructure with a view to improving military mobility within the union , stresses finally that the deployments of robots and ai should be in accordance with international humanitarian law and laws concerning armed conflicts.


### 11. considers that laws must comply with the provisions of the convention of 10 october 1980 on certain conventional weapons , including the prohibition of weapons deemed ‘excessively injurious’; ### deleted


### a. whereas ai , robotics and related technologies are liable to have a direct impact on all aspects of people's lives in society; ### a. whereas ai , robotics and related technologies with the potential to directly impact all aspects of in societies , including basic social and economic principles and values , are being developed very quickly;


### b. whereas the union and its member states have a particular responsibility to make sure that these technologies contribute to the well-being and general interest of their citizens; ### b. whereas the union and its member states have a particular responsibility to make sure that ai , robotics and related technologies , contribute to the well-being and general interest of their citizens;


### c. whereas this particular responsibility implies a need to examine questions of interpretation and application of international law in so far as the eu is affected in the areas of civil and military uses of such technologies and questions of state authority vis-à-vis such technologies outside the scope of criminal justice; ### c. whereas this particular responsibility implies a need to examine questions of interpretation and application of international law inso far as the eu is affected in the areas of civil and military uses of ai , robotics and related technologies and questions of state authority vis-à-vis suchtechnologies outside the scope of criminal justice;


### 14. recalls that the purpose of the european defence fund (edf) is to finance military research projects conducive to innovation , especially those implementing ai , even when they concern laws; ### deleted


### 15. suggests that the edf remind the companies whose projects it finances and the states concerned that its funding does not absolve them of the responsibility to pay scrupulous attention to ensuring that any future military uses of the ai involved in these projects comply with the principles set out in paragraphs 2 to 13 of this report; ### deleted


### state authority: examples from the areas of health and justice ### state authority and responsibility in all its applications


### 16. stresses that member states must ensure that the possession of highly sophisticated ai technologies by powerful private groups does result in the authority of the state being challenged , let alone usurped , by a private authority; ### deleted


### 16. stresses that member states must ensure that the possession of highly sophisticated ai technologies by powerful private groups does result in the authority of the state being challenged , let alone usurped , by a private authority; ### 16. stresses that member states must ensure that the possession of highly sophisticated ai technologies by powerful private groups does not result in the authority of the state being challenged , let alone usurped , by a private authority;


### 17. considers it essential , where an ai system is used to interact with people in public services , especially in the fields of justice and health care , that users are informed that they may ask to deal with a professional and that the request will be granted without delay; ### 17. considers it essential , where an ai system is used to interact with people in public services , that users should have the right and be informed that they may ask to deal with a professional and that the request will be granted without undue delay;


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


### 19. notes that artificial intelligence is playing an increasingly fundamental role in public health care , in particular through algorithms to assist diagnosis , robot-assisted surgery , smart prostheses , personalised treatments based on the three-dimensional modelling of an individual patient’s body , social robots to help elderly people , digital therapies designed to improve the independence of some mentally ill people , predictive medicine and epidemic response software; ### 19. notes that artificial intelligence is playing an increasingly fundamental role in areas such as public health , culture , transport , agriculture , etc... in particular through algorithms , computer software and the data used or produced by them , that may be applied while using ia;


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


### 21. urges that all uses of ai in the area of public health uphold the principle of the equal treatment of patients as regards the accessibility of and access to treatment , preserve the patient-doctor relationship and be consistent with the hippocratic oath at all times; ### deleted


### 22. notes that ai is increasingly being used in the field of justice , to enable judges to take decisions which are more rational and more in keeping with the law in force and to do so more quickly; ### deleted


### 23. calls , therefore , for the public to be informed of all such uses of ai in the field of justice and for those uses not to lead to discrimination resulting from programming and to uphold the right of every individual to have access to a judge , as well as the right of every judge to depart from the solution suggested by ai where he or she considers it necessary in light of the particulars of a case; ### 23. calls , therefore requests that the public must be informed of any use of ai in public civil uses and that such uses do not give rise to discrimination resulting from the programming and that the right of any person to have access to a public official be respected , as well as the right of any public official to deviate from the solution suggested by the ai when he or she deems it necessary in the light of the details of the matter in question;


### 24. notes that , given that an increasing number of disputes under international private law are arising from the internationalisation of human activities , be it on-line or in the real world , ai can help the parties and judges to resolve them by creating models to identify the competent jurisdiction and applicable law for each case , and also to identify the most sensitive conflicts of laws and propose ways of resolving them; ### 24. notes that , given that an increasing number of disputes under international private law are arising from the internationalisation of human activities , be it on-line or in the real world , ai could help the parties and judges to resolve them by creating models to identify the competent jurisdiction and applicable law for each case , and also to identify the most sensitive conflicts of laws and propose ways of resolving them;


### 26. stresses that the circulation of autonomous vehicles in the european area , which is liable to give rise to a particularly high number of disputes under international private law , must be the subject of specific european rules stipulating the legal regime applicable in the event of transboundary damage; ### 26. stresses that the circulation of autonomous vehicles (technology considered high risk) in europe , which is liable to give rise to a particularly high number of disputes under international private law , must be the subject of specific european rules stipulating the legal regime applicable in the event of transboundary damage;


### 27. recalls that ai is a scientific advance which must not undermine the law , but must on the contrary always be governed by it — in the european union by the law emanating from its institutions and its member states — and that under no circumstances must the power of algorithms lead to democracy and the rule of law being flouted , a principle which has guided the drafting of this report; ### 27. recalls that ai is a scientific advance which must not undermine the law , but must on the contrary always be governed by it — in the european union by the law emanating from its institutions and its member states — and that under no circumstances must ai , robotics and related technologies contravene democracy , the rule of law and the charter of fundamental rights of the european union;


### 1. welcomes the commission communication on a european strategy for data (com(2020)0066) and endorses its objective to increase and improve the use of data in the eu and to create a single market for data in order to harness economic growth , competitiveness , innovation , job creation and societal progress; ### 1. welcomes the commission communication on a european strategy for data (com(2020)0066) and endorses its objective to increase and improve the use of data in the eu and to create a single market for non-personal data in order to harness economic , social and territorial cohesion in the eu by supporting job creation , competitiveness , sustainable development , research and innovation , and by making improvements to eu citizens’ quality of life , while preserving appropriate privacy safeguards;


### 1. calls on the commission to base its data strategy on the principles of conferring well-being and benefit on citizens and the absolute respect of their fundamental rights , in particular the protection of their privacy and personal data; ### 1. calls on the commission to base its data strategy on the principles of conferring well-being on citizens , empowering them to take meaningful decisions over the data produced by them or relating to them , guaranteeing the exercise of and the absolute respect for their fundamental rights , in particular the protection of their privacy and personal data;


### 1. welcomes the commission communication entitled ‘a european strategy for data’; stresses that the creation of a single european data space is key to ensuring the eu’s global competitiveness , digital sovereignty and economic prosperity; ### 1. welcomes the commission communication entitled ‘a european strategy for data’; stresses that the creation of a european data space is key to ensuring the eu’s global competitiveness , digital sovereignty and economic prosperity;


### 2. recalls that in order to create a free and secure data flow with personal data and the protection of privacy at its core , it must be supported by data savvy and well-informed citizens across the member states; points out that there are currently significant divergences between member states with regard to the digital literacy of their citizens; calls on the commission to propose ambitious targets for digital literacy in the eu through the digital education action plan and to provide substantial support to the member states to help them to achieve these targets; requests that special attention be paid to equal access to digital infrastructure , internet coverage and digital tools , without prejudice to the principles of subsidiarity and proportionality; ### 2. points out that high level of digital skills is crucial for a person to fully participate in the digital economy and society; recalls that there are currently significant differences between member states with regard to the digital literacy of their citizens; calls on the commission to propose ambitious targets for digital literacy in the eu through the digital education action plan and to provide substantial support to the member states to help them to achieve these targets; requests that special attention be paid to equal access to environmentally-friendly by design digital infrastructure , internet coverage and digital tools;


### 2. emphasises that data transfers to other jurisdictions must always abide by the provisions of the general data protection regulation (gdpr) , the law enforcement directive (led) and other relevant union legislation; ### 2. emphasises that transfers of personal data to other jurisdictions must always abide by the provisions of the general data protection regulation (gdpr) , the law enforcement directive (led) and other relevant union legislation;


### 2. notes that the eu approach to digitisation should be human-centred , value-oriented and based on the concept of the social market economy; underlines that choosing a third path to digitisation should not mean that the eu becomes protectionist; stresses , therefore , that every non-eu player should still be welcome to operate in the single european data space as long as they meet the eu’s ethical , technological , privacy and security standards; ### 2. notes that the eu approach to digitalisation should be human-centred , value-oriented and based on the concept of the social market economy that addresses environment and climate challenges , and that respects human rights and democracy; underlines that choosing a european approach to digitalisation should not mean that the eu becomes protectionist; stresses , therefore , that every non-eu player should be welcome to operate in the european data space as long as they meet the eu’s ethical , technological , privacy and security standards and regulations; stresses that the eu should strive to work closely with third partners in view of establishing safe cooperation spaces at international level;


### 3. stresses that the eu should prioritise digital literacy and competencies in its cohesion policy for 2021 and beyond , with a focus on supporting teachers and the heads of education institutions in implementing digital education throughout curricula and on sharing best practices and know-how , without creating additional administrative or financial burdens; considers that education should be focused on practical skills for the future and be based on a long-term and comprehensive analysis of labour market needs; welcomes the commission’s proposal to develop a common european skills database; ### 3. stresses that the eu should prioritise digital literacy and competencies in its cohesion policy for 2021 and beyond , with a focus on supporting teachers and the heads of education institutions in implementing digital education throughout common curricula and on sharing best practices and know-how , without creating additional administrative or financial burdens; stresses that diverse software , especially free and open source software (foss) , should be promoted in curricula to avoid deepening of vendor lock-in; considers that education is a life long learning process aiming at empowering citizens through personal development , creativity and well-being; welcomes the commission’s proposal to develop a common european skills database;


### 3. recalls that the processing of personal data , including its transfer , must always comply with union data protection acquis; emphasises , in this respect , the need to draw clear boundaries between the treatment of personal and of non-personal data in the data spaces outlined by the commission , especially in the case of smart connected products; recalls , in this context , that data sets in which different types of data are inextricably linked , are always treated as personal data; ### 3. recalls that the processing of personal data , including its transfer , must always comply with union data protection acquis; emphasises , in this respect , the need to draw clear boundaries between the treatment of personal and of non-personal data in the data spaces outlined by the commission , especially in the case of smart connected products; recalls , in this context , that data sets in which different types of data are inextricably linked , are always treated as personal data; warns of the potential for misuse where highly sensitive personal data such as the special categories of data under article 9 of the gdpr , or electronic communications content and metadata in the scope of the eprivacy directive , are concerned; stresses that in line with the gdpr principle of purpose limitation , the sharing of data shall be limited to non-personal , e.g. industrial or commercial data , or securely and effectively anonymized personal data , including in mixed data sets;


### 3. believes that the new strategy should be implemented by means of a principle-based and innovation-friendly eu legal framework , which should be proportionate and avoid unnecessary administrative burdens for small to medium-sized enterprises (smes) and start-ups , and should be combined with concrete measures , guidance , private-public codes of conduct and programmes , strong investments , and , if necessary , new sector-specific laws; ### 3. believes that the new strategy should be implemented by means of a principle-based and innovation-friendly eu legal framework , which should be proportionate and avoid unnecessary legal and administrative burdens for research , civil society , small to medium-sized enterprises (smes) and start-ups , and should be combined with concrete measures , guidance , private-public codes of conduct and programmes , strong investments , and , if necessary , legal flexibilities and new sector-specific laws , while also allowing society to benefit , notably by involving civil society in the implementation and governance , and by allowing access to the data spaces also for projects with a civic tech interest;


### 4. highlights the urgent need to close the eu’s digital skills gap and considers that enhanced graduate tracking and labour market data sharing will be invaluable tools to achieve this end; stresses the importance of fully abiding by eu rules on personal data protection when using these tools; ### 4. highlights the urgent need to close the eu’s digital skills gap and considers that anonymised graduate tracking mechanisms at education system level can be used by services that help new students make informed choices about what to study , by teaching staff and institutional management as input for the design of courses and by government authorities to inform decisions about how to steer education systems; stresses the importance of fully abiding by eu rules on personal data protection when using these tools;


### 4. stresses that data spaces for public administrations , specifically data use for improving law enforcement in the eu , must fully respect eu law , including the principle of proportionality and data protection and privacy rules; ### 4. stresses that data spaces for public administrations , specifically data use for improving law enforcement in the eu , must fully respect eu law , including the principle of proportionality and data protection and privacy rules; highlights the potential to improve the quality of law enforcement and to counter bias where it may exist , by gathering reliable data and making them available to the public , civil society , and independent experts;


### 4. urges the commission , prior to any initiatives , to perform an in-depth evaluation and mapping of the existing legislation to assess whether adjustments or additional requirements are needed to support the eu data industry and safeguard fair competition for all affected actors and to avoid legal overlaps with potential upcoming legislation to implement the data strategy; ### 4. urges the commission , prior to any initiatives , to perform an in-depth evaluation and mapping of the existing legislation to assess whether adjustments or additional requirements are needed to support the eu data industry , but also the open data economy , as well as the projected ecological footprint resulting from the technology and regulations , and safeguard fair competition for all affected actors and to avoid legal overlaps with potential upcoming legislation to implement the data strategy;


### 5. underlines the fact that while the increased use of data will transform our education systems , it will nevertheless be essential to maintain a human-centred and personalised approach to students and their needs; considers that open access to education and to scientific data and publications based on the fair (findable , accessible , interoperable , reusable) data principles is essential for successful innovation and science; ### 5. underlines the fact that while the increased use of anonymised data will transform our education systems , it will nevertheless be essential to maintain a human-centred and personalised approach to students and their needs; considers that open access to education and to scientific data and publications based on the fair (findable , accessible , interoperable , reusable) data principles is essential for successful innovation and science;


### 5. underlines the right to data portability and the data access rights provided for by the gdpr; warns of the dangers of a lock in-effect , particularly in sensitive sectors , when these rights are not properly enforced; expects the upcoming data act to support the enjoyment of these rights; ### 5. underlines the right to data portability and the data subject's access rights provided for by the gdpr; warns of the dangers of a lock in-effect , particularly in sensitive sectors , when these rights are not properly enforced; calls on the commission and member states to further improve individuals’ access to effective remedies under the gdpr; expects the upcoming data act to support the enjoyment and meaningful exercise of these rights;


### 5. stresses the key importance of fostering access to data for eu businesses , especially for smes and start-ups; considers that voluntary data sharing between businesses based on fair and transparent contractual arrangements , triggered by incentives in the form of subsidies and tax breaks , would help to achieve this goal; ### 5. stresses the key importance of fostering access , including cross-border access , to non-personal data for eu research , businesses , especially for smes and start-ups , and civil society; considers that voluntary data sharing between stakeholders based on fair and transparent contractual arrangements , notably triggered by incentives in the form of subsidies and tax breaks , would help to achieve this goal;


### 6. emphasises that the implementation of the european data strategy should take account of the specific needs of vulnerable groups; recalls that almost 100 million persons with disabilities in the eu are facing particular challenges in accessing digital tools and quality education; calls on the member states to make every effort to ensure that persons with disabilities have full access to digital tools and infrastructure in order to harness the full potential of digitalisation and prevent a widening of gaps between different parts of society in terms of access to digital education; ### 6. emphasises that the implementation of the european data strategy should take account of the specific needs of vulnerable groups such as people with disabilities , elderly people , people with fewer opportunities , refugees and others; calls on the member states to make every effort to ensure that no one is left behind and have full access to digital tools and infrastructure in order to harness the full potential of digitalisation and prevent a widening of divide between different parts of society in terms of access to digital education;


### 6. calls for strong practical measures , such as an obligatory cyber certification framework , to ensure the security of personal data and to prevent data leaks; ### 6. underlines the importance of it security and resilience of it systems , to ensure the security of personal data and to prevent the misuse of data; calls on the commission to propose adequate precautionary measures such as requiring the use of state of the art it security and encryption , the use of a “security by design” approach , and an obligatory cyber certification framework , to increase trust , security and safety of the data spaces it envisions;


### 6. states that fair , simple , intelligible , secure , interoperable and affordable voluntary data sharing agreements between companies from the same supply chain and different sectors , that either monetise the participation of data providers or enable ‘give and take’ schemes , will further accelerate the development of the eu data economy; ### 6. states that fair , simple , intelligible , secure , interoperable and affordable voluntary non-personal data sharing agreements between companies from the same supply chain and different sectors , that either monetise the participation of non-personal data providers or enable ‘give and take’ schemes , should further accelerate the development of the eu data economy; recalls that any data exchanges can only take place in accordance with the legal framework applicable to data protection and to the fundamental rights of data providers; considers that due diligence standards and obligations of undertakings should be promoted throughout the value chain of data production and sharing , but also of data storage;


### 7. calls on the commission to explore the potential merits and scope of creating a common european data space for the cultural and creative industry at large; believes that the digitalisation of cultural heritage could be useful and beneficial in a wide variety of ways , by for instance facilitating physical protection and preservation or enabling three-dimensional virtual applications which could be suitable for a number of sectors , including tourism; calls for the development of a common european data space on cultural heritage , which could be built on the basis of the europeana digital service infrastructure. ### 7. calls on the commission to explore the potential merits and scope of creating a common european data space for the cultural and creative sector at large; believes that the digitalisation of cultural heritage could be useful and beneficial for research purposes , education , tourism , cultural , linguistic and knowledge development; calls for the development of a common european data space on cultural heritage , which could be built on the basis of the europeana digital service infrastructure.


### 7. welcomes the council conclusions of october 2020 on the development of a union-wide framework for secure public electronic identification (e-id); strongly believes that a framework of this type would allow for the safer cross-border provision of services that require personal identification. ### 7. takjes note of the council conclusions of october 2020 on the development of a union-wide framework for secure public electronic identification (e-id); considers that a framework of this type could allow for the safer cross-border provision of services that require personal identification; recalls in this regard the importance of anonymity in particular for women , lgbtiq+ and vulnerable groups that rely on it for protection online; therefore asks the commission to oblige platforms and services , where an e-id based sign-in or verification service is used , to offer a manual sign-in or verification option as the default , that results in the same services being offered as when compared with the e-id based option; underlines that any e-id based sign-in or verification option must be developed in accordance with the data minimization principle of the gdpr , so that the collection of identifiable sign-in data by the service or platform applying e-id sign-in or verification is technically impossible , and data gathered is kept to an absolute minimum; underlines that sign-in or verification services should not be used to track users cross-site; stresses that e-id based sign-in or verification services should only apply where a platform or service requires personal identification , authentication or age verification on the basis of a law; underlines that the use of domain-specific pseudonyms should be available where ever technically , operationally , or legally possible , and be the default option; recalls that member states and union institutions have to guarantee that electronic information remain secure , and that processing must be transparent , and can only take place where the data are necessary for the identification of a user , for a legitimate purpose only , not carried out commercially , and not used to restrain general access to the internet or to information society services stresses that identification systems pose a privacy risk , either by making the central authentication system a target for attack and misuse , or by putting the possibility to use platforms and services pseudonymously at risk , for example where individuals consider them not to respect their privacy adequately;


### 7. calls on the commission to assess the possibility of defining fair contractual conditions with the aim of addressing imbalances in market power; underlines that a single european data space will require companies to be allowed to closely cooperate with each other , and therefore considers that safe harbours and block exemptions on cooperation for data sharing and pooling , as well as more guidance for businesses on competition law matters from the commission , are needed; ### 7. calls on the commission to assess the possibility of defining fair contractual conditions with the aim of addressing imbalances in market power; underlines that a european data space will require stakeholders to be allowed to closely cooperate with each other , and therefore considers that safe harbours as well as exemptions in view of fostering access and cooperation for data sharing and pooling , for private and public purposes , as well as more guidance for businesses on competition law matters from the commission , are needed; recalls the importance of regulating the open data economy , on the basis of directive 2019/1024 on open data and the re-use of public sector information;


### data sharing and rights to data ### data access , data sharing and rights to data


### 8. recommends further strengthening interoperability and establishing consensus-based , industry-led common standards in order to guarantee that the movement of data between different machines and entities can take place in an innovative manner; ### 8. recommends further strengthening interoperability and establishing consensus-based , industry-led common standards in order to guarantee that the movement of data between different machines and entities can take place in an innovative manner; considers that such standards should be developed in consultation with civil society stakeholders , under the umbrella of international non-for-profit fora;