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


### (61) the eu centre should provide reliable information on which activities can reasonably be considered to constitute online child sexual abuse , so as to enable the detection and blocking thereof in accordance with this regulation. given the nature of child sexual abuse material , that reliable information needs to be provided without sharing the material itself. therefore , the eu centre should generate accurate and reliable indicators , based on identified child sexual abuse material and solicitation of children submitted to it by coordinating authorities in accordance with the relevant provisions of this regulation. these indicators should allow technologies to detect the dissemination of either the same material (known material) or of different child sexual abuse material (new material) , or the solicitation of children , as applicable. ### (61) the eu centre should provide reliable information on which activities can reasonably be considered to constitute online child sexual abuse , so as to enable the detection and blocking thereof in accordance with this regulation. given the nature of child sexual abuse material , that reliable information needs to be provided without sharing the material itself. therefore , the eu centre should generate accurate and reliable indicators , based on identified child sexual abuse material and solicitation of children submitted to it by coordinating authorities or when appropriate , by the organisations acting in the public interest against child sexual abuse , in accordance with the relevant provisions of this regulation. these indicators should allow technologies to detect the dissemination of either the same material (known material) or of different child sexual abuse material (new material) , or the solicitation of children , as applicable.


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


### (69) in order to allow for the effective and efficient performance of its tasks , the eu centre should closely cooperate with coordinating authorities , the europol and relevant partner organisations , such as the us national centre for missing and exploited children or the international association of internet hotlines (‘inhope’) network of hotlines for reporting child sexual abuse material , within the limits sets by this regulation and other legal instruments regulating their respective activities. to facilitate such cooperation , the necessary arrangements should be made , including the designation of contact officers by coordinating authorities and the conclusion of memoranda of understanding with europol and , where appropriate , with one or more of the relevant partner organisations. ### (69) in order to allow for the effective and efficient performance of its tasks , the eu centre should closely cooperate with coordinating authorities , the europol and relevant partner organisations , such as the us national centre for missing and exploited children or the international association of internet hotlines (‘inhope’) network of hotlines for reporting child sexual abuse material , within the limits sets by this regulation and other legal instruments regulating their respective activities. to facilitate and support such cooperation and build on the best practices and expertise acquired , the necessary arrangements should be made , including the designation of contact officers by coordinating authorities and the conclusion of memoranda of understanding with europol and , where appropriate , with one or more of the relevant partner organisations located in the union and outside the union.


### (75) in the interest of transparency and accountability and to enable evaluation and , where necessary , adjustments , providers of hosting services , providers of publicly available interpersonal communications services and providers of internet access services , coordinating authorities and the eu centre should be required to collect , record and analyse information , based on anonymised gathering of non-personal data and to publish annual reports on their activities under this regulation. the coordinating authorities should cooperate with europol and with law enforcement authorities and other relevant national authorities of the member state that designated the coordinating authority in question in gathering that information. ### (75) in the interest of transparency and accountability and to enable evaluation and , where necessary , adjustments , providers of hosting services , providers of publicly available interpersonal communications services and providers of internet access services , coordinating authorities and the eu centre should be required to collect , record and analyse information , based on anonymised gathering of non-personal data and to publish annual reports on their activities under this regulation. the coordinating authorities should cooperate with europol and with law enforcement authorities and other relevant national authorities of the member state that designated the coordinating authority in question and when appropriate , with partner organisations , in gathering that information.


### are free from any external influence , whether direct or indirect; ### are free from any undue external influence , whether direct or indirect; it being understood that the membership of the coordinating authority in a recognised international network shall not prejudice its independent character;


### 2. the eu centre shall contribute to the achievement of the objective of this regulation by supporting and facilitating the implementation of its provisions concerning the detection , reporting , removal or disabling of access to , and blocking of online child sexual abuse and gather and share information and expertise and facilitate cooperation between relevant public and private parties in connection to the prevention and combating of child sexual abuse , in particular online. ### 2. the eu centre shall contribute to the achievement of the objective of this regulation by supporting and facilitating the implementation of its provisions concerning the detection , reporting , removal or disabling of access to , and blocking of online child sexual abuse and gather and share information , educational materials and expertise and facilitate cooperation between relevant public and private parties in connection to the prevention and combating of child sexual abuse , in particular online.


### (6) facilitate the generation and sharing of knowledge with other union institutions , bodies , offices and agencies , coordinating authorities or other relevant authorities of the member states to contribute to the achievement of the objective of this regulation , by: ### (6) facilitate the generation and sharing of knowledge with other union institutions , bodies , offices and agencies , organisations acting in the public interest against child sexual abuse and hotlines , coordinating authorities or other relevant authorities of the member states to contribute to the achievement of the objective of this regulation , by:


### supporting the development and dissemination of research and expertise on those matters and on assistance to victims , including by serving as a hub of expertise to support evidence-based policy; ### supporting the development and dissemination of research , educational materials and expertise on those matters and on assistance to victims , including by serving as a hub of expertise to support evidence-based policy;


### 1. where necessary for the performance of its tasks under this regulation , the eu centre may cooperate with organisations and networks with information and expertise on matters related to the prevention and combating of online child sexual abuse , including civil society organisations and semi-public organisations. ### 1. where necessary for the performance of its tasks under this regulation , the eu centre shall cooperate with organisations and networks with information and expertise on matters related to the prevention and combating of online child sexual abuse , including civil society organisations and semi-public organisations.


### 2. the eu centre may conclude memoranda of understanding with organisations referred to in paragraph 1 , laying down the terms of cooperation. ### 2. the eu centre may conclude strategic and/or operational cooperation agreements with organisations referred to in paragraph 1 , laying down the terms of cooperation.


### (4) ensuring the same high level of consumer protection across the internal market is best achieved through full harmonisation. full harmonisation is necessary in order to ensure that all consumers in the union enjoy a high and equivalent level of protection of their interests and to create a well-functioning internal market. member states should therefore not be allowed to maintain or introduce national provisions other than those laid down in this directive , with respect to aspects covered by the directive , unless otherwise provided in this directive. where no such harmonised provisions exist , member states should remain free to maintain or introduce national legislation. ### (4) ensuring the same high level of consumer protection across the internal market is best achieved through full harmonisation. full harmonisation is necessary in order to ensure that all consumers in the union enjoy a high and equivalent level of protection of their interests and to create a well-functioning internal market. member states should therefore not be allowed to maintain or introduce national provisions other than those laid down in this directive , with respect to aspects covered by the directive , unless otherwise provided in this directive. where no such harmonised provisions exist , member states should remain free to maintain or introduce more stringent provisions.


### (7) in order to address the fact that the progressive introduction of union sector specific legislation has led to significant overlaps of that legislation with directive 2002/65/ec and that digitalisation exacerbated some aspects that are not fully addressed by the directive , including how and when information should be provided to the consumer , it is necessary to revise the rules applicable to financial services contracts concluded between a consumer and a trader at a distance , while at the same time ensuring the application of the ‘safety net’ feature. ### (7) in order to address the fact that the progressive introduction of union sector specific legislation has led to significant overlaps of that legislation with directive 2002/65/ec and that digitalisation exacerbated some aspects that are not fully addressed by the directive , including how and when information should be provided to the consumer , it is necessary to revise the rules applicable to financial services contracts concluded between a consumer and a trader at a distance , while at the same time ensuring the application of the ‘safety net’ feature for financial services which are not covered by union sector specific legislation including financial services excluded from the scope of union acts governing specific financial services.


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


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


### (25) for distance contracts concluded by electronic means , the trader should provide the consumer with the possibility to use a withdrawal button. in order for ensure the effective use of the withdrawal button , the trader should ensure that it is visible and , when the consumer uses the button , the trader should adequately document its use. ### (25) where the trader offers the possibility of concluding distance contracts by means of an online interface , he should also provide the consumer with the possibility to use a withdrawal button that allows consumers to withdraw from contract in a simple and rapid manner. this should ensure that consumers can withdraw from a contract just as easily as they can conclude it. to achieve this , the trader should provide a button on the online interface on which the contract is concluded that indicates the possibility of withdrawal. the consumer should be allowed to make the withdrawal statement and to provide certain information to identify the contract. the withdrawal statement shall be submitted by using a confirmation button in order to ensure the effective use of the withdrawal button , the trader should ensure that it is visible and , when the consumer uses the button , the trader should adequately document its use. this obligation should be laid down not only to distance contracts for financial services , but also distance contract for goods and services to enhance the possibilities for consumers to get out of contracts by means of withdrawal.


### (26) consumers may need assistance in order to decide which financial service is the most appropriate for his or her needs and financial situation. therefore , member states should ensure that before the conclusion of a financial service contract at a distance , traders provide such assistance in relation to the financial services which they offer to the consumer , by providing adequate explanations about the relevant information , including the essential characteristics of the products proposed. the obligation of providing adequate explanations is particularly important when consumers intend to conclude a financial service contract at a distance and the trader provides explanations through online tools. in order to ensure that the consumer understands the effects that the contract may have on his or her economic situation , the consumer should always be able to obtain human intervention on behalf of the trader. ### (26) consumers may need assistance in order to decide which financial service is the most appropriate for his or her needs and financial situation. therefore , member states should ensure that before the conclusion of a financial service contract at a distance , traders provide such assistance in relation to the financial services which they offer to the consumer , by providing adequate explanations about the relevant information , including the essential characteristics of the products proposed. the obligation of providing adequate explanations is particularly important when consumers intend to conclude a financial service contract at a distance and the trader provides explanations through online tools. in order to ensure that the consumer understands the effects that the contract may have on his or her economic situation , the consumer should always be able to obtain human intervention on behalf of the trader in cases where the trader uses online tools to provide explanations. to avoid administrative burden for the trader , the human intervention can be limited to the opening hours of the trader. adequate explanations , if not already provided with the pre-contractual information , could be provided in a written or oral form.


### ‘articles 1 and 2 , article 3(2) , (5) and (6) , article 4 , articles 16a to 16e , article 19 , articles 21 to 23 , article 24(1) , (2) , (3) and (4) and articles 25 and 26 shall apply to distance contracts concluded between a trader and a consumer for the supply of financial services. ### ‘articles 1 and 2 , article 3(2) , (5) and (6) , article 4 , article 11a , articles 16a to 16f , article 19 , articles 21 to 23 , article 24(1) , (2) , (3) and (4) and articles 25 , 26 and 27 shall apply to distance contracts concluded between a trader and a consumer for the supply of financial services.


### rules conerning financial services contracts concluded at a distance ### rules concerning distance contracts for financial services


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


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


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


### where the consumer explicitly agrees to continue the telephone communications , by way of derogation from paragraph 1 , only the information referred to in points (a) , (f) , (g) , and (p) of that paragraph needs to be provided. ### by way of derogation from paragraph 1 , if the consumer explicitly agrees , the trader may provide only the information referred to in points (a) , (f) , (g) , (j) and (p) of that paragraph.


### the trader shall inform the consumer of the nature and the availability of the other information referred to in paragraph 1 and shall provide that information when fulfilling obligations under paragraph 3. ### in that case , the trader shall inform the consumer of the nature and the availability of the other information referred to in paragraph 1 and shall provide the remaining information referred to in paragraph 1 and all the contractual terms and conditions immediately after the conclusion of the distance contract.


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


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


### — crypto-assets as defined in [article 3(1)(2) of commission proposal for a regulation of the european parliament and of the council on markets in crypto-assets , and amending directive (eu) 2019/193 24.9.2020 com(2020) 593 final]. ### deleted


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


### without prejudice to directive 2005/29/ec of the european parliament and of the council24 and council directive 93/13/eec25 , member states shall adopt measures requiring that traders , when concluding financial services contracts at a distance , do not use the structure , design , function or manner of operation of their online interface in a way that could distort or impair consumers’ ability to make a free , autonomous and informed decision or choice. ### without prejudice to directive 2005/29/ec of the european parliament and of the council24 and council directive 93/13/eec25 , member states shall adopt measures requiring that traders , when concluding financial services contracts at a distance , do not use the structure , design , function or manner of operation of their online interface in a way that could distort or impair consumers’ ability to make a free , autonomous and informed decision or choice. measures shall inter alia include the obligation for traders to present the different options to consumers in an equivalent and non-preferential way.


### member states shall adopt and publish by [24 months from adoption] at the latest , the laws , regulations and administrative provisions necessary to comply with this directive. they shall forthwith communicate to the commission the text of those provisions. ### member states shall adopt and publish by [18 months from adoption] at the latest , the laws , regulations and administrative provisions necessary to comply with this directive. they shall forthwith communicate to the commission the text of those provisions.


### they shall apply those provisions from [the date after 24 months from adoption]. ### they shall apply those provisions from [the date after 18 months from adoption].


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


### a. whereas the right to fair trial is a fundamental right which also applies to enforcement of the law; ### a. whereas the right to fair trial is a fundamental right , enshrined in the charter of fundamental rights of the european union , which also applies through the entire criminal proceedings , including in law enforcement;


### 1. considers that ai used by police and judicial authorities has to be categorised as high-risk , given that the role of these authorities is to defend the public interest; considers that the eu should take the lead in laying down basic rules on the development and use of ai to ensure the same high level of consumer protection across the eu; ### 1. considers that ai used by police and judicial authorities has to be generally categorised as high-risk , given that the role of these authorities is to defend the public interest; considers that the eu should take the lead in laying down basic rules on the development and use of ai by public institutions to ensure the same high level of consumer protection across the eu;


### 1. emphasises the importance of considering the ethical and operational implications of the use of ai and related technologies within criminal justice systems; ### 1. emphasises the strong importance of considering the ethical and operational implications related to the use of ai and related technologies within criminal justice systems , which entail significant risks such as discrimination and breach of privacy; considers that a clear regulatory framework is necessary to draw the limits and provide the necessary safeguards;


### 2. stresses that ai should help to ease the administrative burden on public authorities , without ever replacing human decisions , and that ai systems should rely on human oversight; ### 2. stresses that ai should help to ease the administrative burden on public authorities , without ever fully replacing human decisions , and that ai systems should rely on human oversight;


### 2. reaffirms that all ai solutions for law enforcement and the judiciary also need to fully respect the principles of non-discrimination , freedom of movement , the presumption of innocence and right of defence , freedom of expression and information , freedom of assembly and of association , equality before the law , and the right to an effective remedy and a fair trial; ### 2. reaffirms that all ai solutions for law enforcement and the judiciary also need to fully respect the principles of non-discrimination , freedom of movement , the presumption of innocence and right of defence , freedom of expression and information , freedom of assembly and of association , equality before the law , the right to an effective remedy and a fair trial and the european convention on human rights and the charter of fundamental rights of the european union;


### 2. underlines the importance of being able to access ai-produced or ai-assisted outputs for notification procedures and the role of ai and related technologies in criminal law enforcement and crime prevention; recalls the importance of questions related to governance , transparency and accountability; ### 2. underlines the importance of being able to access ai-produced or ai-assisted outputs for notification procedures and the role of ai and related technologies in criminal law enforcement and crime prevention; recalls , in this regard , the importance of questions related to governance , absence of biases , non-discrimination , human oversight , transparency and accountability of ai and related technologies;


### 3. considers that such tools should be released as open source software under the public procurement procedure , and that a fundamental rights audit should be part of a prior conformity assessment; believes that – while ensuring the respect of eu law and values and the applicable data protection rules , and without jeopardising investigations or criminal prosecutions – training data must be open data; ### 3. considers that such tools should be released as open source software under the public procurement procedure , and that a fundamental rights audit should be part of a prior conformity assessment; believes that – while ensuring the respect of eu law and values and the applicable data protection rules , and without jeopardising investigations or criminal prosecutions – training data must always be open data;


### 3. considers , in this regard , that any ai tool either developed or used by law enforcement or judiciary should , as a minimum , be safe , secure and fit for purpose , respect the principles of fairness , accountability , transparency and explainability , with their deployment subject to a strict necessity and proportionality test; ### 3. considers , in this regard , that any ai tool either developed or used by law enforcement or judiciary should , as a minimum , be safe , secure and fit for purpose , respect the principles of fairness , accountability , transparency and explainability , with their deployment subject to a strict necessity and proportionality test; highlights that trust among citizens in the use of ai developed and used in the eu is conditional upon the full fulfillment of these criteria;


### 3. considers , in this regard , that any ai tool either developed or used by law enforcement or judiciary should , as a minimum , be safe , secure and fit for purpose , respect the principles of fairness , accountability , transparency and explainability , with their deployment subject to a strict necessity and proportionality test; ### 3. considers , in this regard , that any ai tool either developed or used by law enforcement or judiciary should , as a minimum , be safe , secure and fit for purpose , respect the principles of fairness , accountability , transparency and explainability , with their deployment subject to a risk assessment and a strict necessity and proportionality test;


### 3. welcomes the recommendations of the commission’s high-level expert group on ai for a proportionate use of biometric recognition technology and suggests that the application of such technology must be clearly warranted under existing laws and urges the commission to assess how to effectively incorporate these; ### 3. recalls that , in accordance with the current eu data protection rules and the charter of fundamental rights of the eu , ai can only be used for remote biometric identification purposes where such use is duly justified , proportionate and subject to adequate safeguards; suggests that , in line with the precautionary principle , the application of such technologies should be avoided where their impact on society and the rights and freedoms of individuals is uncertain; urges the commission to propose relevant solutions to the existing problems following the results of a thorough impact assessment;


### 4. emphasises that data collection and the monitoring of individuals should be limited to criminal suspects; ### 4. emphasises that data collection and the monitoring of individuals should be limited to criminal suspects and court approved surveillance;


### 4. highlights the importance of preventing mass surveillance by means of ai technologies , and of banning applications that would result in it; ### 4. highlights the importance of preventing mass surveillance by means of ai technologies , and of banning applications that would result in it; calls on the commission and member states not to follow china and the united states as regards the development of mass surveillance technologies , but to demonstrate that applications of ai technologies in the eu can only be deployed if fully in respect of fundamental rights;


### 4. considers it necessary to clarify whether law enforcement decisions can be delegated to ai and stresses the need to develop codes of conduct for the design and use of ai to help law enforcers and judicial authorities; refers to the ongoing work in the committee on legal affairs. ### 4. considers that ai and related technologies that can replace public authority decisions should be treated with the utmost precaution; stresses the need to develop strong ethical principles and codes of conduct for the design , deployment and use of ai and related technologies to help law enforcers and judicial authorities; refers to the ongoing work in the committee on legal affairs.


### 5. stresses the potential for bias and discrimination arising from the use of machine learning and ai applications; notes that biases can be inherent in underlying datasets , especially when historical data is being used , introduced by the developers of the algorithms , or generated when the systems are implemented in real world settings; ### 5. stresses the potential for bias and discrimination arising from the use of machine learning and ai applications; notes that biases can be inherent in underlying datasets , especially when historical data is being used , introduced by the developers of the algorithms , or generated when the systems are implemented in real world settings; cautions about similar potential biases in the algorithms of ai systems; stresses that it is imperative that ai use by the police and judicial authorities in criminal matters does not become a factor of inequality , social fracture , or exclusion;


### 6. recalls the high risk of abuse of certain types of ai , including facial recognition technologies in public spaces , automated behaviour detection and profiling to divide people into risk categories at borders , and calls on the commission to ban them; ### 6. recalls the high risk of abuse of certain types of ai , including facial recognition technologies in public spaces , automated behaviour detection or profiling , and calls on the commission to ensure that public authorities conduct proper impact assessments on the use of remote biometric recognition technologies prior to using them; welcomes the commission's ongoing work to assess the use of biometric technologies and to consider regulatory options , including their ban in specific circumstances , and introduce necessary safeguards where their use is justified


### 6. recalls the high risk of abuse of certain types of ai , including facial recognition technologies in public spaces , automated behaviour detection and profiling to divide people into risk categories at borders , and calls on the commission to ban them; ### 6. recalls the high risk of abuse of certain types of ai , including facial recognition technologies in public spaces , automated behaviour detection and profiling to divide people into risk categories at borders , and calls on the commission to ban their use by public institutions;


### 6. underlines the fact that many algorithmically driven identification technologies disproportionately misidentify non-white people , children , the elderly , as well as women; ### 6. underlines the fact that many algorithmically driven identification technologies disproportionately misidentify non-white people , (minority) ethnic communities , lgbti people , migrants , children , the elderly , as well as women;


### b. whereas technologies such as artificial intelligence (ai) and related technologies will contribute to the reducing of crime rates , the use of statistical data analytics in crime analysis and prevention , and the operation of criminal justice systems; ### b. whereas technologies such as artificial intelligence (ai) and related technologies could be used for prevention of crimes;


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


### g. whereas ai applications in use by law enforcement include applications such as facial recognition technologies , automated number plate recognition , speaker identification , speech identification , lip-reading technologies , aural surveillance (i.e. gunshot detection algorithms) , autonomous research and analysis of identified databases , forecasting (predictive policing and crime hotspot analytics) , behaviour detection tools , autonomous tools to identify financial fraud and terrorist financing , social media monitoring (scraping and data harvesting for mining connections) , international mobile subscriber identity (imsi) catchers , and automated surveillance systems incorporating different detection capabilities (such as heartbeat detection and thermal cameras); whereas the aforementioned applications have vastly varying degrees of reliability and accuracy; ### g. whereas ai applications in use by law enforcement include applications such as facial recognition technologies , automated number plate recognition , speaker identification , speech identification , lip-reading technologies , aural surveillance (i.e. gunshot detection algorithms) , autonomous research and analysis of identified databases , forecasting (predictive policing and crime hotspot analytics) , behaviour detection tools , autonomous tools to identify financial fraud and terrorist financing , social media monitoring (scraping and data harvesting for mining connections) , international mobile subscriber identity (imsi) catchers , and automated surveillance systems incorporating different detection capabilities (such as heartbeat detection and thermal cameras); whereas the aforementioned applications , alongside other potential or future applications of ai technology in law enforcement , can have vastly varying degrees of reliability and accuracy;


### i. whereas use of ai in law enforcement entails a number of potential risks , such as opaque decision-making , different types of discrimination , and risks to the protection of privacy and personal data , the protection of freedom of expression and information , and the presumption of innocence; ### i. whereas use of ai in law enforcement entails a number of high risks , such as opaque decision-making , different types of discrimination , and risks to the protection of privacy and personal data , the protection of freedom of expression and information , and the presumption of innocence;


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


### 9. considers it necessary to create a clear and fair regime for assigning legal responsibility for the potential adverse consequences produced by these advanced digital technologies; ### 9. considers it necessary to create a clear and fair regime for assigning legal responsibility and legal liability for the potential adverse consequences produced by these advanced digital technologies; underlines that legal responsibility and liability must always rest with a natural or legal person;


### 13. calls for a compulsory fundamental rights impact assessment to be conducted prior to the implementation or deployment of any ai systems for law enforcement or judiciary , in order to assess any potential risks to fundamental rights; ### 13. calls for a compulsory fundamental rights impact assessment to be conducted prior to the implementation or deployment of any ai systems for law enforcement or judiciary , in order to assess any potential risks to fundamental rights; underlines that the expertise of data protection authorities and fundamental rights agencies is essential in assessing the systems; stresses that these impact assessments should be conducted as openly as possible and with the active engagement of affected individuals and groups , and that these assessments should be made publicly available before the deployment of these systems;


### 14. calls for periodic mandatory auditing of all ai systems used by law enforcement and the judiciary to test and evaluate algorithmic systems once they are in operation , in order to detect , investigate , diagnose and rectify any unwanted and adverse effects; ### 14. calls for periodic mandatory auditing of all ai systems used by law enforcement and the judiciary to test and evaluate algorithmic systems once they are in operation , in order to detect , investigate , diagnose and rectify any unwanted and adverse effects; underlines that the results of these audits should be made available in public registers , so that citizens know whether ai systems are being deployed and which measures are taken to remedy the violation of fundamental rights;


### 14. calls for periodic mandatory auditing of all ai systems used by law enforcement and the judiciary to test and evaluate algorithmic systems once they are in operation , in order to detect , investigate , diagnose and rectify any unwanted and adverse effects; ### 14. calls for periodic mandatory auditing and testing of all ai systems used by law enforcement and the judiciary to evaluate algorithmic systems once they are in operation , in order to detect , investigate , diagnose and rectify any unwanted and adverse effects and ensure the ai systems are performing as intended;


### 15. calls for a moratorium on the deployment of facial recognition systems for law enforcement , until the technical standards can be considered fully fundamental rights compliant , results derived are non-discriminatory , and there is public trust in the necessity and proportionality for the deployment of such technologies; ### 15. calls for a moratorium on the deployment of facial recognition systems for law enforcement , until the technical standards can be considered fully fundamental rights compliant , results derived are non-biased and non-discriminatory , the legal framework provides strict safeguards against misuse and strict democratic control and oversight , and there is empirical evidence on the necessity and proportionality for the deployment of such technologies;


### 1. welcomes the fact that the commission proposed a new dedicated programme to support the effective functioning of the single market , which brings together six predecessor programmes as well as numerous measures from different policy areas; ### 1. welcomes the fact that the commission proposed a new dedicated programme to support the effective functioning of the single market , which brings together six predecessor programmes as well as numerous measures from different policy areas and highlights the importance to confirm sufficient funding for that programme , as requested by the parliament in its interim report in 2018;


### 1. points out that fundamental rights constitute an objective system of values which ensures that fundamental communication freedoms are not alterable , including by private-law agreements or business terms and conditions; ### 1. points out that fundamental rights constitute an objective system of values which ensures that fundamental communication freedoms are not alterable , including by private-law agreements or business terms and conditions; points out that consumer protection , user safety , the option of online anonymity and freedom of speech must be at the core of protecting the fundamental rights; stresses the importance of helping consumers and users take greater control of and responsibility for their own data and identity;


### 1. stresses that illegal content online should be tackled with the same rigour as illegal content offline; ### 1. stresses that illegal content and cyber-enabled crimes , such as child sexual exploitation online , should be tackled with the same rigour as illegal content and behaviour offline;


### 1. stresses that illegal content online should be tackled with the same rigour as illegal content offline; ### 1. stresses that illegal content online should be tackled with the same rigour and based on the same legal principles as illegal content offline;


### b. whereas the data protection rules applicable to all providers offering digital services in the eu’s territory were recently updated and harmonised across the eu with the general data protection regulation; ### b. whereas the data protection rules applicable to all providers offering digital services in the eu’s territory were recently updated and harmonised across the eu with the general data protection regulation; whereas the digital services act should apply without prejudice to the rules laid down in the general data protection regulation and in other instruments , such as the copyright directive;


### c. whereas the amount of user-generated content , including harmful and illegal content , shared via cloud services or online platforms has increased exponentially; ### c. whereas the amount of user-generated content , including harmful and illegal content , such as images depicting child sexual abuse material (csam) online , shared via cloud services or online platforms has increased exponentially at an unprecedented pace;


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


### k. whereas child sexual exploitation online is shaped by technological developments; whereas the vast amount of child sexual abuse material circulating online poses serious challenges for detection , investigation and , most of all , victim identification efforts; ### k. whereas child sexual exploitation online is shaped by technological developments; whereas the vast amount of child sexual abuse material circulating online poses serious challenges for detection , investigation and , most of all , victim identification efforts; whereas the lockdown resulting from the covid-19 health crisis has seen a 106% rise in online traffic in child pornography according to europol1 a;


### 2. believes in the clear economic benefits of a functioning digital single market for the eu and its member states; stresses the important obligation to ensure a fair digital ecosystem in which fundamental rights and data protection are respected; calls for a minimum level of intervention based on the principles of necessity and proportionality; ### 2. believes in the clear economic benefits of a functioning digital single market for the eu and its member states; stresses the important obligation to ensure a fair digital ecosystem in which fundamental rights and data protection are respected and in which citizens' online digital security is guaranteed; calls for a level of intervention based on the principles of necessity and proportionality;


### 3. deems it necessary that illegal content is removed swiftly and consistently in order to address crimes and fundamental rights violations; considers that voluntary codes of conduct only partially address the issue; ### 3. deems it necessary that illegal content is removed swiftly and consistently in order to address crimes and fundamental rights violations; considers that voluntary codes of conduct only partially address the issue and that a more effective liability regime for platforms should be introduced;


### 3. deems it necessary that illegal content is removed swiftly and consistently in order to address crimes and fundamental rights violations; considers that voluntary codes of conduct only partially address the issue; ### 3. deems it necessary that illegal content is removed swiftly and consistently in order to address crimes , especially those relating to children and fundamental rights violations; considers that voluntary codes of conduct only partially address the issue;


### 4. recalls that illegal content online should not only be removed by online platforms , but should be followed up by law enforcement and the judiciary; finds , in this regard , that a key issue in some member states is not that they have unresolved cases but rather unopened ones; calls for barriers to filing complaints with competent authorities to be removed; is convinced that , given the borderless nature of the internet and the fast dissemination of illegal content online , cooperation between service providers and national competent authorities should be improved; ### 4. recalls that illegal content online should not only be removed by online platforms , but should be followed up by law enforcement and the judiciary; finds , in this regard , that a key issue in some member states is not that they have unresolved cases but rather unopened ones; considers that providing national judicial services with specialised staff and adequate financial resources is key to improving access to and the efficiency of the justice system in the area of digital services; calls for barriers to filing complaints with competent authorities to be removed; is convinced that , given the borderless nature of the internet and the fast dissemination of illegal content online , cooperation between service providers and national competent authorities should be improved;


### 5. acknowledges the fact that , while the illegal nature of certain types of content can be easily established , the decision is more difficult for other types of content as it requires contextualisation; warns that some automated tools are not sophisticated enough to take contextualisation into account , which could lead to unnecessary restrictions being placed on the freedom of expression; ### 5. acknowledges the fact that , while the illegal nature of certain types of content can be easily established , the decision is more difficult for other types of content as it requires contextualisation; warns that some automated tools are not sophisticated enough to take contextualisation into account , which could lead to unnecessary restrictions being placed on the freedom of expression; considers that the use of artificial intelligence in this area must comply with eu data protection and transparency legislation and principles and must be subject to human supervision;


### 5. acknowledges the fact that , while the illegal nature of certain types of content can be easily established , the decision is more difficult for other types of content as it requires contextualisation; warns that some automated tools are not sophisticated enough to take contextualisation into account , which could lead to unnecessary restrictions being placed on the freedom of expression; ### 5. acknowledges the fact that , while the illegal nature of certain types of content can be easily established , the decision is more difficult for other types of content as it requires contextualisation; considers it necessary to provide a clear definition of ‘illegal’ content and ‘dangerous’ content; warns that some automated tools are not sophisticated enough to take contextualisation into account , which could lead to unnecessary restrictions being placed on the freedom of expression;


### 7. strongly believes that the current eu legal framework governing digital services should be updated with a view to addressing the challenges posed by new technologies and ensuring legal clarity and respect for fundamental rights; considers that the reform should build on the solid foundation of and full compliance with existing eu law , especially the general data protection regulation and the directive on privacy and electronic communications; ### 7. strongly believes that the current eu legal framework governing digital services should be updated with a view to addressing the challenges posed by new technologies and ensuring legal clarity and respect for fundamental rights and privacy; considers that the reform should build on the solid foundation of and full compliance with existing eu law , especially the general data protection regulation and the directive on privacy and electronic communications;


### 8. deems it indispensable to have the widest-possible harmonisation of rules on liability exemptions and content moderation at eu level to guarantee the respect of fundamental rights and the freedoms of users across the eu; expresses its concern that recent national laws to tackle hate speech and disinformation lead to a fragmentation of rules; ### 8. deems it indispensable to have the widest-possible harmonisation of rules on liability exemptions and content moderation at eu level to guarantee the respect of fundamental rights and the freedoms of users across the eu; expresses its concern that recent national laws to tackle hate speech and disinformation lead to an increasing fragmentation of rules;


### 9. calls , to this end , for legislative proposals that keep the digital single market open and competitive by requiring digital service providers to apply effective , coherent , transparent and fair procedures and procedural safeguards to remove illegal content in line with european values; firmly believes that this should be harmonised within the digital single market; ### 9. calls , to this end , for legislative proposals that keep the digital single market open and competitive by requiring digital service providers to apply effective , coherent , transparent and fair procedures and procedural safeguards to prevent by actively detecting and reporting reliably identified child sexual abuse material (csam) online and removing illegal content in line with european values; firmly believes that this should be harmonised within the digital single market;


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


### 10. believes , in this regard , that online platforms that are actively hosting or moderating content should bear more , yet proportionate , responsibility for the infrastructure they provide and the content on it; emphasises that this should be achieved without resorting to general monitoring requirements; ### 10. believes that this should be achieved without resorting to general monitoring requirements;


### 10. believes , in this regard , that online platforms that are actively hosting or moderating content should bear more , yet proportionate , responsibility for the infrastructure they provide and the content on it; emphasises that this should be achieved without resorting to general monitoring requirements; ### 10. believes , in this regard , that online platforms that are actively hosting or moderating content should bear more , yet proportionate , responsibility for the infrastructure they provide and the content on it; emphasises that this should be achieved without resorting to general monitoring requirements; proposes the implementation of a common and permanent liability framework for platforms in order to effectively identify and remove illegal content; considers , in particular , that a harmonised eu framework should be based on due diligence obligations so that platforms implement proactive and effective measures , in addition to their obligations relating to transparency and information; considers it important to accompany 'notification and action' procedures for identifying new content with an obligation to monitor content which has already been deemed illegal and removed , in order to prevent it from reappearing online;


### 11. highlights that this should include rules on the notice-and-action mechanisms and requirements for platforms to take proactive measures that are proportionate to their scale of reach and operational capacities in order to address the appearance of illegal content on their services; supports a balanced duty-of-care approach and a clear chain of responsibility to avoid unnecessary regulatory burdens for the platforms and unnecessary and disproportionate restrictions on fundamental rights , including the freedom of expression; ### 11. highlights that this should include rules on the notice-and-action mechanisms and requirements for platforms to take proactive measures that are proportionate to their scale of reach and operational capacities in order to address and prevent the appearance of illegal content on their services , considers that this should entail an obligation for platforms to detect and remove reliably identified child sexual abuse material (csam); supports a balanced duty-of-care approach and a clear chain of responsibility to avoid unnecessary regulatory burdens for the platforms and unnecessary and disproportionate restrictions on fundamental rights , including the freedom of expression;


### 11. highlights that this should include rules on the notice-and-action mechanisms and requirements for platforms to take proactive measures that are proportionate to their scale of reach and operational capacities in order to address the appearance of illegal content on their services; supports a balanced duty-of-care approach and a clear chain of responsibility to avoid unnecessary regulatory burdens for the platforms and unnecessary and disproportionate restrictions on fundamental rights , including the freedom of expression; ### 11. expects digital service providers to establish fair and transparent notice mechanisms , which empower users to notify the relevant democratically accountable competent public authorities of potentially illegal content. highlights that this should avoid unnecessary regulatory burdens and unnecessary and disproportionate restrictions on fundamental rights , including the freedom of expression;


### 12. stresses the need for appropriate safeguards and due process obligations , including human oversight and verification , in addition to counter notice procedures , to ensure that removal or blocking decisions are accurate , well-founded and respect fundamental rights; recalls that the possibility of judicial redress should be made available to satisfy the right to effective remedy; ### 12. stresses the need for appropriate safeguards and due process obligations in addition to counter notice procedures , to ensure that decisions to take content offline are accurate , well-founded and respect fundamental rights; recalls that the possibility of judicial redress should be made available to satisfy the right to effective remedy , believes that all decisions to take users’ content offline must be subject to human oversight and verification;


### 13. supports limited liability for content and the country of origin principle , but considers improved coordination for removal requests between national competent authorities to be essential; emphasises that such orders should be subject to legal safeguards in order to prevent abuse and ensure full respect of fundamental rights; stresses that sanctions should apply to those service providers that fail to comply with legitimate orders; ### 13. supports limited liability for content and the country of origin principle , but considers improved coordination for removal requests between national competent authorities to be essential; emphasises that such orders should be subject to legal safeguards in order to prevent abuse and ensure full respect of fundamental rights; stresses that sanctions should apply to those service providers that fail to comply with legitimate orders; calls for the creation of an eu centre for preventing and combating child sexual abuse that would ensure an effective and coordinated response to child sexual abuse cases online , as requested in the european parliament resolution on children's rights in the occasion of the 30th anniversary of the un convention on the rights of the child of 26 november 2019;


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


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


### 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 the incidence and prevention of illegal activity online , particularly against children and other vulnerable groups;


### 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 public reporting obligation for platforms , proportionate to their scale of reach and operational capacities; in the case of child sexual abuse , the reporting should be done to the eu centre for preventing and combating child sexual abuse;


### 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. calls on the commission to set up , similarly to the european system of financial supervision (esfs) , a european system of digital services' supervision and to task existing eu agencies and competent national supervisory authorities to audit digital service providers’ internal policies and algorithms with due regard to union law and in all circumstances to the fundamental rights of the services’ users , taking into account the fundamental importance of non-discrimination and the freedom of expression and information in an open and democratic society , and without publishing commercially sensitive data. requests that this european system of digital services' supervision ensures that the rules applicable to digital service providers are adequately implemented and enforced across member states in order to provide protection for the services’ users and to facilitate a european digital single market.


### 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. calls on the commission to exercise effective oversight of compliance with the applicable rules , in particular the enforcement of procedural safeguards and transparency;


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


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


### 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; ### deleted


### 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 complaint procedures , reporting mechanisms for illegal content and criminal behaviour for individuals and companies , legal remedies , educational measures , , including the sharing of advice on child online safety , awareness-raising on data protection issues and online safety and the provision of access to cost-free child helplines and age-appropriate services;


### 20. notes that there is no ‘one size fits all’ solution to all types of illegal and harmful content and cases of misinformation online; believes , however , that a more aligned approach at union level , taking into account the different types of content , will make the fight against illegal content more effective; ### 20. notes that there is no ‘one size fits all’ solution to all types of illegal and harmful content and cases of misinformation online; believes , however , that it is essential to distinguish between commercial content on the one hand and non-commercial content , such as posts from individual users , on the other and to adopt a more aligned approach at union level , taking into account the different types of content , making the fight against illegal content more effective; considers that a clear and precise definition of what is meant by 'unlawful content' is needed;


### iv. due diligence obligations ### iv. transparency and information obligations


### 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 obligations , including on transparency and information; 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; 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 transparency and information obligations; those obligations should not create any derogations or new exemptions to the current liability regime and the secondary liability set out under articles 12 , 13 , and 14 of the e-commerce directive and should cover the aspects described below:


### - the information requirements in article 5 of the e-commerce directive should be reinforced and the “know your business customer” principle should be introduced; services providers should verify the identity of their business partners , including their company registration number or any equivalent means of identification including , if necessary , the verified national identity of their ultimate beneficial owner; that information should be accurate and up-to-date , and service providers should not be allowed to provide their services when the identity of their business customer is false , misleading or otherwise invalid; ### - the information requirements in article 5 and article 6 of the e-commerce directive should be reinforced and the “know your business customer” principle should be introduced in the case where providers of online intermediation services use an information society service as means to sell or communicate with consumers; for traders or other providers on marketplaces and advertisers , brokers or other providers of commercial communication , services providers should collect the identity of their business partners , including their company registration number or any equivalent means of identification; that information should be accurate and up-to-date , and service providers should not be allowed to provide their services when the information is incomplete or when the provider has been informed by the competent authorities that the identity of their business customer is false , misleading or otherwise invalid;


### 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 while protecting freedom of speech , data privacy and online security; stresses that to protect children and youth , we need clarified rules governing online advertising , including on platform liability , and fair e-commerce; calls at the same time for a strict distinction with precisely defined union-wide rules applicable in each case to create a consistent regulatory process and providing greater safety , trust and empowerment for users and businesses of global platforms , ensuring an ambitious level of cybersecurity , data protection and trusted ict services on the principles of transparency and equal treatment; suggests the harmonisation of the digital services legislation to include a broad range of online intermediaries;


### 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 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 , based on a differentiated and risk-based approach in what the application of algorithms is concerned , with more strict rules for algorithms that pose potential threats to fundamental rights and freedoms;


### 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 the protection of privacy and personal data , non-discrimination , the protection of intellectual property rights 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. 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; ### deleted


### 2. calls on the commission to clarify the liability of transport and tourism platforms; invites the commission to set a uniform obligation for platforms to verify the legality of the service offered and the service provider and to act on illegal content , through a legally binding notice and action procedure. ### 2. calls on the commission to clarify the liability of transport and tourism platforms; stresses the need to promote responsible behaviour , transparency , legal certainty and thereby increase user confidence; invites the commission to set a uniform obligation for short-term rental and mobility platforms to request from service providers a predefined and commonly agreed set of documents and certificates attesting the safety of the service offered , to verify the legality of the professional service providers , and to take measures against illegal content , through a legally binding notice and action procedure , in order to create and maintain safer environment and legal certainty for the users and public authorities;


### 2. calls on the commission to clarify the liability of transport and tourism platforms; invites the commission to set a uniform obligation for platforms to verify the legality of the service offered and the service provider and to act on illegal content , through a legally binding notice and action procedure. ### 2. calls on the commission to clarify the liability of transport and tourism platforms; invites therefore the commission to set a uniform obligation for platforms to verify the legality of the service offered and the information provided by the service provider through the introduction of due diligence protocols , urges the commission to act on illegal content , through a legally binding notice and action procedure.


### 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 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; calls for a balanced approach between net neutrality and platform responsibility and accountability; addresses the issue of fake accounts and demonetisation of purveyors from disinformation and fake news;


### 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)1and 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 a reasonable duty of care to ensure citizens' digital security , which is essential in order to comply with the principle of the free movement of digital services; 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. stresses the enforcement of existing regulation (eu) 2016/679 on the protection of natural persons with regards to the processing of personal data and on the free movement of such data and 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 this framework;


### 3. stresses the importance of establishing a european authority tasked with overseeing the online platform market , with offices for transport and tourism. ### 3. recalls the importance of ensuring an effective implementation and enforcement of the rules affecting the online platform market by existing eu institutions , agencies and bodies; stresses the importance and the particularities of the transport and tourism online platform market , which require a sector-specific approach and special attention in that matter;


### 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 all technologically feasible means and specific measures to detect and remove harmful or illegal content on the internet while securing access to diverse and quality content in today's digital environment; stresses that such proportionate measures should be in line with existing legal provisions;


### 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. is against any kind of general internet sign-in system; 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 , for digital services , which require personal identification or age verification;


### 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 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 regulate 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. calls on the commission to enhance the relationship between stakeholders and local authorities in the short-term rental market and mobility services. ### 4. calls on the commission to enhance the relationship between stakeholders and local authorities in the short-term rental market and mobility services; believes that the digital services act should aim at ensuring legal certainty and clarity by creating a governance framework formalising the cooperation between short-term rental and mobility platforms and national , regional and local authorities;


### 4. stresses that the responsibility for enforcing the law , deciding on the legality of online activities and ordering hosting service providers to remove or disable access to illegal content as soon as possible should rest with independent judicial authorities; considers that only a hosting service provider that has actual knowledge of illegal content and its illegal nature should be subject to content removal obligations; ### 4. stresses that the responsibility for enforcing the law , deciding on the legality of online activities and ordering hosting service providers to remove or disable access to illegal content as soon as possible , and after the provider and involved parties have been informed , should rest with independent dispute settlement bodies with possible appeal to judicial authorities; considers that only a hosting service provider that has actual knowledge of the existence of illegal content and its illegal nature should be subject to content removal obligations;


### 5. draws attention to the importance of data access in the platform economy; highlights the vital role data plays for local governments in enforcing and developing policies in the fields of transport and tourism; ### 5. draws attention to the importance of data also as strategic public goods and underlines the relevance of data access in the platform economy; highlights the vital role data plays for local governments in enforcing and developing policies in the fields of transport and tourism; welcomes the communication of the european commission on a european data strategy1 , in particular the development of common european data spaces in strategic economic sectors , such as transport and mobility , in compliance with data protection rules; invites therefore the commission to carefully work on a common european mobility data space as detailed in the roadmap


### 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; 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; given the potential to disrupt the functioning of democratic processes , calls on an even more strict approach to micro-targeted advertising with electoral and political content , with a clear obligation to inform consumers of the advertisement nature of the content and of the sponsoring entity.


### 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 without their consent , 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 without consent , especially on vulnerable groups , and a prohibition on 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; ### deleted


### 6. stresses the need to build on the p2b regulation to limit the dominance of market giants in the transport and tourism sector; stresses the urgency for the commission to establish well defined criteria regarding “size” of platforms. ### 6. stresses the need to build on the p2b regulation to limit the dominance of market giants in the transport and tourism sector; stresses the urgency for the commission to establish clear criteria and to provide for a definition of “systemic platforms”;


### 8. emphasizes the need for transparency in transport and tourism platforms , specifically on algorithms affecting service , pricing , and advertising. ### 8. emphasizes the need for transparency in transport and tourism platforms , specifically on algorithms affecting service , pricing , advertising , and digital trust building mechanisms such as ratings and reviews;


### 9. highlights the need for online platforms in transport and tourism to promote sustainability , also in line with the european green deal. ### 9. stresses the role that digitalisation can play in enhancing the sustainability of the transport and tourism sectors , especially by favouring a more efficient use of resources and under-used spaces and by supporting areas that do not traditionally benefit from tourism; highlights the need for online platforms in transport and tourism to promote sustainability , also in line with the european green deal; recalls that well informed users are the main driver of sustainable transport and tourism; invites the european commission to set guidelines for the transport and tourism online platforms , providing tools and information on how to better inform their customers and users on the environmental impact of their services;