### (6) a common understanding in the union of notions such as artificial intelligence , robotics , related technologies , algorithms and biometric recognition is required in order to allow for a harmonized regulatory approach. however , the specific legal definitions need to be developed in the context of this regulation without prejudice to other definitions used in other legal acts and international jurisdictions. ### (6) a common understanding in the union of notions such as artificial intelligence , robotics , related technologies , algorithms and biometric recognition is required in order to allow for a harmonized regulatory approach. however , the specific legal definitions need to be developed in the context of this regulation without prejudice to other definitions used in other legal acts and international jurisdictions. they should be technologically neutral and also subject to review whenever necessary.


### (9) any artificial intelligence , robotics and related technologies , including the software , algorithms and data used or produced by such technologies , which entails a high risk of breaching the principles of safety , transparency , accountability , non-bias or non-discrimination , social responsibility and gender balance , environmental friendliness and sustainability , privacy and governance , should be considered high-risk from a compliance with ethical principles perspective where that is the conclusion of an impartial , regulated and external risk assessment by the national supervisory authority. ### (9) high-risk technologies , including the software , algorithms and data used or produced by such technologies , should respect the principles of safety , transparency , accountability , non-bias or non-discrimination , social responsibility and gender balance , right to redress , sustainability , privacy and governance.


### (10) notwithstanding the risk assessment carried out in relation to compliance with ethical principles , artificial intelligence , robotics and related technologies , including the software , algorithms and data used or produced by such technologies , should always be assessed as to their risk on the basis of objective criteria and in line with relevant sector-specific legislation applicable in different fields such as those of health , transport , employment , justice and home affairs , media , education and culture. ### (10) high-risk technologies should always be assessed as to their risk on the basis of the objective criteria laid down in this regulation and without prejudice to the relevant sector-specific legislation applicable in different fields such as those of health , transport , employment , justice and home affairs , media , education and culture.


### (12) developers , deployers and users are responsible for compliance with safety , transparency , and accountability principles to the extent of their involvement with the artificial intelligence , robotics and related technologies concerned , including the software , algorithms and data used or produced by such technologies. developers should ensure that the technologies concerned are designed and built in line with safety features , whereas deployers and users should deploy and use the concerned technologies in full observance of those features. ### (12) developers , deployers and users of high-risk technologies are responsible for compliance with safety , transparency , and accountability principles to the extent of their involvement with the artificial intelligence , robotics and related technologies concerned , including the software , algorithms and data used or produced by such technologies. developers should ensure that the technologies concerned are designed and built in line with safety features , whereas deployers and users should deploy and use the concerned technologies in full observance of those features. to this end , developers of high-risk technologies should evaluate and anticipate the risks of misuse of their own technologies , in order to respond effectively if the problem arises.


### (14) to the extent that their involvement with those technologies influences the compliance with the safety , transparency and accountability requirements set out in this regulation , users should use artificial intelligence , robotics and related technologies in good faith. this means , in particular , that they should not use those technologies in a way that contravenes the ethical principles laid down in this legal framework and the requirements listed therein. beyond such use in good faith , users should be exempt from any responsibility that otherwise falls upon developers and deployers as established in this regulation. ### deleted


### (16) society’s trust in artificial intelligence , robotics and related technologies , including the software , algorithms and data used or produced by such technologies , depends on the degree to which their assessment , auditability and traceability are enabled in the technologies concerned. where the extent of their involvement so requires , developers should ensure that such technologies are designed and built in a manner that enables such an assessment , auditing and traceability. deployers and users should ensure that artificial intelligence , robotics and related technologies are deployed and used in full respect of transparency requirements , and allowing auditing and traceability. ### (16) society’s trust in high-risk technologies , including the software , algorithms and data used or produced by such technologies , depends on the degree to which their assessment , auditability and traceability are enabled in the technologies concerned. where the extent of their involvement so requires , developers should ensure that such technologies are designed and built in a manner that enables such an assessment , auditing and traceability. within the limits of what is technically possible , developers , deployers and users should ensure that artificial intelligence , robotics and related technologies are deployed and used in full respect of transparency requirements , and allowing auditing and traceability.


### (17) bias in and discrimination by software , algorithms and data is unlawful and should be addressed by regulating the processes through which they are designed and used. ### (17) bias in and discrimination by software , algorithms and data is unlawful and should be addressed by regulating the processes through which they are designed and deployed.


### (18) software , algorithms and data used or produced by artificial intelligence , robotics and related technologies should be considered biased where , for example , they display suboptimal results in relation to any person or group of persons , on the basis of a prejudiced personal , social or partial perception and subsequent processing of data relating to their traits. ### (18) software , algorithms and data used or produced by high-risk technologies1a should be considered biased where , for example , they display suboptimal results in relation to any person or group of persons , on the basis of a prejudiced personal , social or partial perception and subsequent processing of data relating to their traits.


### 1. welcomes the commission’s cpr evaluation and ongoing review , which seek to remove remaining barriers in the internal market for construction products; ### 1. welcomes the commission’s cpr evaluation and ongoing review , which seek to remove remaining barriers in the internal market for construction products , while taking into account technological developments and innovation;


### 8. points to the fact that standardisation issues need to be addressed in all steps of the preparation process; calls for transparency and openness from all parties involved; highlights the need to ensure the high quality of the mandates issued by the commission and the necessity to provide clear guidelines for the standardisation bodies; suggests establishing clearly defined timeframes for the commission to assess the prepared standards and clear deadlines for all parties to ensure further revision if a mandate or the cpr is found not to have been adhered to; considers it important to define the scope of the standards more precisely so that manufacturers can have clear guidance when declaring that their products fall within the scope; ### 8. points to the fact that problems faced in the development of harmonised technical specifications need to be addressed in all steps of the preparation process; calls on the commission to closely consult all relevant stakeholders in this preparatory phase and stresses the importance of transparency and openness of all parties involved in order to find workable solutions; highlights the need of full involvement of member states to ensure the high quality of the harmonised technical specifications issued by the commission and the necessity to provide clear guidelines for the standardisation bodies; suggests establishing clearly defined timeframes for the commission to assess the prepared standards and clear deadlines for all parties to ensure further revision if a standardisation request or the cpr is found not to have been adhered to; considers it important to define the scope of the harmonised technical specifications more precisely so that manufacturers can have clear guidance when declaring that their products fall within the scope;


### 13. is concerned by the fact that since the ce marking under the cpr only refers to product performance and not conformity with specific product requirements , such a difference in approach from other nlf legislation could create confusion as regards the ce marking and diminish its value; points , in this regard , to the overlaps in the information required by the ce marking and the declaration of performance (dop); believes that this duplication creates additional unnecessary administrative burdens and costs for businesses; ### 13. is concerned by the fact that since the ce marking under the cpr only refers to product performance and not conformity with specific product requirements , such a difference in approach from other nlf legislation could create confusion as regards the ce marking and diminish its value; points , in this regard , to the overlaps in the information required by the ce marking and the declaration of performance (dop); believes that this duplication creates additional unnecessary administrative burdens and costs for businesses and should be addressed , including by enhanced use of digital solutions;


### 14. calls on the commission to consider the possibility of including in the cpr minimum product requirements aimed at ensuring health and safety and protecting the environment and other public interests , thereby following the approach of nlf legislation , which has proven to be effective; ### 14. calls on the commission to consider and assess the possibility to gradually enhance the cpr by including therein minimum product requirements aimed at ensuring health and safety and protecting the environment and other public interests; calls furthermore on the commission to evaluate whether this application of the approach of nlf legislation will prove to be effective also in the cpr;


### 15. emphasises the importance of fully harnessing digital technologies , which could allow for clear , transparent and reliable information to be provided to economic operators and end-users and enable market surveillance authorities to carry out their activities more effectively; calls on the commission to evaluate the use of such technologies; ### 15. notes the lack of digitalisation of the construction sector and emphasises the importance of fully harnessing digital technologies , which could allow for clear , transparent and reliable information to be provided to economic operators and end-users , address the overlap in information requirements and enable market surveillance authorities to carry out their activities more effectively; calls on the commission to evaluate the benefits of using such technologies;


### 18. calls on the member states to fully implement regulation (eu) 2019/1020 , which aims to strengthen the market surveillance of products covered by union harmonisation legislation , including the cpr; ### 18. calls on the member states to fully implement regulation (eu) 2019/1020 , which aims to strengthen the market surveillance of products covered by union harmonisation legislation , including the cpr; stresses the need for harmonised and homogeneous enforcement of new rules by the national market surveillance authorities and enhanced cross-border cooperation in this respect in order to ensure level playing field in the construction sector;


### 19. calls on the commission to adopt implementing acts under regulation (eu) 2019/1020 in order to determine the uniform conditions of checks , criteria for the determination of the frequency of checks and the amount of samples to be checked in relation to certain products or categories of products , and to lay down benchmarks and techniques for checks on harmonised products , including construction products; ### 19. calls on the commission to swiftly adopt implementing acts under regulation (eu) 2019/1020 in order to further align the performance of market surveillance authorities by determining the uniform conditions of checks , criteria for the determination of the frequency of checks and the amount of samples to be checked in relation to certain products or categories of products , and by laying down benchmarks and techniques for checks on harmonised products , including construction products;


### 21. points to the increase in online sales in the construction sector; highlights the need to ensure the effective market surveillance of construction products sold online , especially those purchased from non-eu economic operators; ### 21. points to the increase in online sales in the construction sector; highlights the need to ensure the effective market surveillance of construction products sold online , especially those purchased from non-eu economic operators in order to ensure high level of safety of products circulating in the single market irrespective of their origin; notes the responsibilities of online platforms in this respect;


### 24. calls on the commission to explore the relevance of incorporating certain requirements such as sustainability criteria into the harmonised standards under the cpr , so as to provide manufacturers with one single framework for the testing of products; stresses the importance of a proper assessment of the product categories to which such requirements would be relevant; highlights that such incorporation should not lead to an increase in the prices of construction products; ### 24. calls on the commission to explore the relevance of incorporating certain requirements such as sustainability criteria into the harmonised standards under the cpr , so as to provide manufacturers with one single framework for the assessment and testing of products across their life cycle; stresses the importance of a proper assessment of the product categories to which such requirements would be relevant; highlights that such incorporation should not lead to an increase in the prices of construction products;


### 25. highlights the need to ensure the proper involvement of all stakeholders in the consultation and evaluation process; highlights the need for a level playing field in construction products legislation for all businesses , especially smes; ### 25. highlights the need to ensure the proper involvement of all stakeholders in the consultation and evaluation process; highlights the need for a level playing field and reduced administrative burden in construction products legislation for all businesses , especially smes as well as for a fair and free competition at global level;


### 29. is concerned that any revision of the cpr and , in particular , the review of the cpr acquis will take significant time , while manufacturers need immediate solutions to overcome the legal uncertainty resulting from the lack of updated harmonised standards; calls on the commission to address this issue prior to any revision of the cpr and in the review of the cpr acquis; ### 29. calls for an ambitious revision of the cpr taking into account that manufacturers need immediate solutions to overcome the legal uncertainty resulting from the lack of updated harmonised standards; highlights that the revision of the cpr should aim at creating a solid regulatory framework with effective , easily enforceable and harmonised rules;


### b. whereas the free movement of workers , the freedom of establishment and the freedom to provide services are fundamental principles of the internal market; ### b. whereas the free movement of workers , including workers with disabilities , the freedom of establishment and the freedom to provide services are fundamental principles of the internal market;


### a. whereas the defence procurement directive seeks to introduce fair and transparent rules for defence procurement in an effort to make it easier for defence companies in the member states to access other member states’ defence markets; ### a. whereas the defence procurement directive seeks to introduce fair and transparent rules for defence procurement to make sure that defence companies in the member states can access other member states' defence markets;


### e. whereas the eprs study pointed out the limited effect of the defence procurement directive on the europeanisation of defence value chains; ### e. whereas the eprs study pointed out the insufficient effect of the defence procurement directive on the europeanisation of defence value chains;


### 1. welcomes some of the positive trends witnessed in the progressive implementation of the defence procurement directive , namely the increasing number of contract notices and contract-award notices issued by member states , and the increasing proportion of procurement that has been tendered competitively through tenders electronic daily (ted); stresses , however , that a very high volume of procurement expenditure is still incurred outside the directive; ### 1. stresses , that a very high volume of procurement expenditure is still incurred outside the directive;


### 1. highlights that the directives in the defence package aim to promote further integration of the eu defence supply chain and increase mutual trust among member states , transparency , equal treatment and the overall competitiveness of europe’s defence industry; ### 1. highlights that the directives in the defence package aim to promote further integration of the eu defence supply chain and increase mutual trust among member states , transparency , equal treatment and the overall competitiveness of europe’s defence industry; considers both directives as important elements for the establishment of a necessary european strategic autonomy through the development of a strong european defence and technological industrial base (edtib); believes that the full implementation of the directives can directly address current defence capability shortfalls;


### 1. highlights that the directives in the defence package aim to promote further integration of the eu defence supply chain and increase mutual trust among member states , transparency , equal treatment and the overall competitiveness of europe’s defence industry; ### 1. welcomes the progresses that the directives in the defence package have achieved toward the completion of an internal market for defence goods and services , further integration of the eu defence supply chain and increase mutual trust among member states , transparency , equal treatment and the overall competitiveness of europe’s defence industry; emphasises that a competitive , innovative and resilient european defence technological and industrial base (edtib) is a crucial component of european strategic autonomy;


### 2. underlines that one of the main barriers to the full and proper implementation of the directive remains the systematic use of the provisions relating to exclusion by the member states , in particular those laid down in article 346 of the treaty on the functioning of the european union; ### 2. underlines that the excessive use by the member states of the provisions relating to exclusion , in particular those laid down in article 346 of the treaty on the functioning of the european union could undermine the full and proper implementation of the directive;


### 3. believes , in this regard , that the commission should take a more proactive role in monitoring the exclusions used by the member states in their awarding of contracts outside the scope of the defence procurement directive , and should not be mainly reliant on received complaints filed by the industry; ### 3. believes , in this regard , that the commission should take its responsibility in monitoring the exclusions used by the member states in their awarding of contracts outside the scope of the defence procurement directive , and should not be mainly reliant on received complaints filed by the industry;


### 3. highlights that an overwhelming percentage of contracts are still awarded nationally; regrets the persistently significant degree of opacity in acquisition practices; deplores the widespread use of exemptions and of offset requirements; calls for the systematic and comprehensive reporting of data by member states concerning their use of exemptions in order to improve scrutiny; calls for efforts to ensure the effectiveness of infringement procedures; ### 3. highlights that an overwhelming percentage of contracts are still awarded nationally; regrets the persistently significant degree of opacity in some acquisition practices; deplores the widespread use of exemptions and the persistence of offset requirements; calls for a more systematic and comprehensive reporting of data by member states concerning their use of exemptions in order to improve the implementation of relevant commission’s guidelines ; calls the commission to increase its efforts to enforce the directive , notably by ensuring the effectiveness of infringement procedures;


### 3. highlights that an overwhelming percentage of contracts are still awarded nationally; regrets the persistently significant degree of opacity in acquisition practices; deplores the widespread use of exemptions and of offset requirements; calls for the systematic and comprehensive reporting of data by member states concerning their use of exemptions in order to improve scrutiny; calls for efforts to ensure the effectiveness of infringement procedures; ### 3. highlights that an overwhelming percentage of contracts are still awarded nationally; regrets the persistently significant degree of opacity in acquisition practices; deplores the widespread use of exemptions and of offset requirements , which limits fair competition in the european defence equipment market; calls for the systematic and comprehensive reporting of data by member states concerning their use of exemptions in order to improve scrutiny; calls for efforts to ensure the effectiveness of infringement procedures;


### 4. points to the need to strictly limit the member states’ use of exemptions , and in particular the potentially abusive use of article 346 tfeu , in order to increase transparency and equality; calls on the member states to strictly follow the commission’s interpretative guidance as to the conditions under which article 346 can be invoked; ### 4. points to the need to strictly limit the member states’ use of exemptions , and in particular the potentially abusive use of article 346 tfeu , in order to increase transparency and equality; calls on the member states to strictly follow the commission’s interpretative guidance as to the conditions under which article 346 can be invoked; calls for a reduction in the use of exemptions and offset requirements in defence acquisitions , thereby enabling a faster and better development of the edtib as one of the key strategic aims of both directives;


### 4. points to the need to strictly limit the member states’ use of exemptions , and in particular the potentially abusive use of article 346 tfeu , in order to increase transparency and equality; calls on the member states to strictly follow the commission’s interpretative guidance as to the conditions under which article 346 can be invoked; ### 4. points to the need to ensure that member states strictly respect the conditions of applications of exemptions , and in particular the potentially abusive use of article 346 tfeu , in order to increase transparency and equality; calls on the member states to strictly follow the commission’s interpretative guidance as to the conditions under which article 346 can be invoked; calls on the commission to scrutinise member states’ recourses to the directive’s exemptions , especially when their use may harm the competitiveness of the edtib;


### 5. considers that some aspects of the implementation of the defence procurement directive could be improved , such as the member states’ use of the open procedure as provided for in directive 2014/24/ec9 and how consistently they apply that directive whenever possible; believes , however , that no revision of the defence procurement directive is needed at this point , since the existing regulatory framework is sufficient if correctly implemented and properly used; ### 5. considers that some aspects of the implementation of the defence procurement directive could be improved , such as , where relevant , the member states’ use of the open procedure as provided for in directive 2014/24/ec9 and the consistent application of that directive whenever possible; calls on the commission to encourage member states to incorporate provisions of directive 2014/24/eu which provide for quality-driven and agile procurement such as innovation partnerships when transposing directive 2009/81/ce in their national laws; believes , however , that no revision of the defence procurement directive is needed at this point , since the existing regulatory framework is sufficient if correctly implemented and properly used;


### 5. welcomes the provisions of the directive that aim to foster cooperative procurement in the field of defence , and calls on the member states to make use of all the cooperation possibilities offered by the directive , notably under the european defence industrial development programme (edidp) and the future european defence fund (edf); ### 5. welcomes the provisions of the directive that aim to foster cooperative procurement in the field of defence , and calls on the member states to make use of all the cooperation possibilities offered by the directive , notably under the european defence industrial development programme (edidp) and the future european defence fund (edf); calls for enhanced cooperation through common defence r&d projects and acquisitions to support the development of the edtib;


### 6. encourages member states to systematically follow the commission’s 2018 recommendation on cross-border market access for sub-suppliers and smes , notably on translating tenders , announcing large procurement programmes in advance , or dividing them into smaller lots; ### 6. encourages member states to systematically follow the commission’s 2018 recommendation on cross-border market access for sub-suppliers and smes , notably on translating tenders , announcing large procurement programmes in advance , or dividing them into smaller lots , to enable and enhance fair and open competition while supporting increased transparency;


### 6. encourages member states to systematically follow the commission’s 2018 recommendation on cross-border market access for sub-suppliers and smes , notably on translating tenders , announcing large procurement programmes in advance , or dividing them into smaller lots; ### 6. encourages member states to systematically follow the commission’s 2018 recommendation on cross-border market access for sub-suppliers and smes , notably on translating tenders , announcing large procurement programmes in advance , or dividing them into smaller lots , when it does not adversely affect the overall balance , the cost and the timeline of programmes;


### 8. observes , further , that there was a slower and lower than expected uptake of certification , and that there are still barriers to effective application of the directive , with low levels of awareness , particularly among smes , of the tools available under the directive , and the system used by the member states in their export controls , in addition to the lack of harmonisation in the implementation of gtls , which act as major barriers to the effective application of the directive; ### 8. observes , further , that there was a slower and lower than expected uptake of certification , and that there are still barriers to effective application of the directive , with low levels of awareness , particularly among smes , of the tools available under the directive , and the system used by the member states in their export controls , in addition to the lack of harmonisation in the implementation of gtls , which act as major barriers to the effective application of the directive; underlines the fact that an introduction of the ‘de minimis’ rule principle , known from the schmidt-debré harmonisation agreement , in bilateral and/or multilateral agreements between member states has the potential to further stimulate participation of smes in joint ventures and common export licenses throughout the internal market;


### 8. underlines that a more coherent interpretation and consistent implementation of the eu common position on arms exports is needed in order to limit fragmentation of the eu’s internal defence market and ensure the eu’s credibility as a global actor; calls for action to address any loopholes which may exist among the ict directive , the common position and the dual-use regulation; underlines the necessity for prior authorisation before re-exporting products and components , given the discrepancies in the implementation of the common position; ### 8. underlines that a more coherent interpretation and consistent implementation of the eu common position on arms exports would limit fragmentation of the eu’s internal defence market and reinforce the consistency of eu’s external policy; calls for action to address any loopholes , inconsistencies , or contradictions which may exist among the ict directive , the common position and the dual-use regulation; insists on the importance of giving full consideration to article 4.8 of directive 2009/43/ec , for example by introducing a de minimis rule for components of an end-product in the perspective of its exports;


### 9. deplores the limited use of the general transfer licences (gtls); calls on member states to increase transparency by following more thoroughly the guidelines and recommendations issued by the commission on which products should be subject to the use of gtls; ### 9. deplores the limited use of the general transfer licences (gtls); calls on member states to increase transparency by implementing more thoroughly the recommendations issued by the commission on aligning the scope of and conditions for gtls; calls on the commission to carefully assess the implementation of its recommendations and to report on this point by 31 december 2021;


### 10. stresses the importance of ensuring the accessibility of the certider online database and of making data systematically available on intra-eu arms transfers , in order to provide for meaningful scrutiny and to properly assess the implementation of the directive. ### 10. stresses the importance of making data systematically available on intra-eu arms transfers , in order to provide for meaningful scrutiny and to properly assess the implementation of the directive; calls on member states to annually report to the european commission on the use of gtls , gltls and individual licences; calls the european commission to maintain the certider online database’s sections on gtl up-to-date; to that end , calls on member states to systematically transmit to the european commission any change brought to their gtls;


### 12. calls on the commission to further improve the directive’s implementation in individual member states by continuing its dialogue with national authorities in order to resolve outstanding issues; ### 12. calls on the commission to improve the directive’s implementation in individual member states by insisting on national authorities to resolve outstanding issues;


### 17. calls on the commission and member states to improve the quality and availability of data , such as ted data , in order to facilitate the monitoring on implementation of these two directives; ### 17. calls on the commission and member states to improve the quality , transparency and availability of data , such as ted data , and reduce the disparities of publication practices , thereby facilitating the monitoring on implementation of these two directives;


### 18. calls on the commission to be bold in enforcing the directives , including , where necessary , by making use of infringement procedures; ### 18. calls on the commission to be strong in enforcing the directives , including , by making use of their right laid down in article 258 tfeu to start infringement procedures; asks the commission to initiate infringement procedures instead of solely acting on complaints filed by the industry;


### 20. considers , therefore , that the goal of increasing sme participation has only been partially achieved; ### 20. considers , therefore , that the goal of increasing sme participation has not been achieved;


### 21. is of the opinion that the subcontracting provisions of the directive had no or a very limited impact on the cross-border access of sub-suppliers and defence smes; calls on the member states to ascertain that their internal procedures are not blocking smes’ participation in tendering processes in the fields of defence and security; ### 21. is of the opinion that the subcontracting provisions of the directive had no or a very limited impact on the cross-border access of sub-suppliers and defence smes; calls on the member states to ascertain that their internal procedures allow for sme cross border participation and to simplify access for companies that fall within the eu definition of smes for the participation in tendering processes in the fields of defence and security;


### 21. is of the opinion that the subcontracting provisions of the directive had no or a very limited impact on the cross-border access of sub-suppliers and defence smes; calls on the member states to ascertain that their internal procedures are not blocking smes’ participation in tendering processes in the fields of defence and security; ### 21. is of the opinion that the provisions of the directive with regards to competition between subcontractors had no or a very limited impact on the cross-border access of sub-suppliers and defence smes; calls on the member states to ascertain that their internal procedures are not blocking smes’ participation in tendering processes in the fields of defence and security;


### 23. considers that member-state action could significantly improve cross-border market access for smes and sub-suppliers in the defence sectors , and therefore calls on the member states to seriously take into consideration and follow when possible the commission recommendations; ### 23. considers that member-state action could significantly improve cross-border market access for smes and sub-suppliers in the defence sectors , and therefore , calls on the member states to implement the commission recommendations as much as possible;


### 7. calls on the member states to show full political will in ensuring the effective implementation of the directive’s provisions; ### 7. calls on the member states to show full political will in ensuring the effective implementation of the directive’s provisions and in increasing intra-eu defence acquisition and r&;d cooperation; calls on member states to make use of common defence r&d and acquisitions to raise the level of interoperability among their militaries;


### 1. notes that the commission has proposed to rapidly deploy products and services that rely on ai in areas of public interest and the public sector; emphasises that in the education sector , this deployment should involve educators , learners and wider society and take their needs and the expected benefits into account in order to ensure that ai is used purposefully and ethically; ### 1. notes that the commission has proposed to rapidly deploy products and services that rely on ai in areas of public interest and the public sector; highlights the added value of promoting public private partnerships to secure this objective and deploy the full potential of ai in the education , culture and audiovisual sector; emphasises that in the education sector , this deployment should involve educators , learners and wider society and take their needs and the expected benefits into account in order to ensure that ai is used purposefully and ethically; points out that the legal framework governing ai in the education sector should particularly provide for legally binding measures and standards to prevent practices from the different private and public actors involved that would undermine fundamental rights and freedoms , and to ensure the development of trustworthy , ethical and technically robust ai applications;


### 1. reiterates the importance of developing quality and inclusive data systems for use in deep learning as the use of low-quality , outdated , incomplete or incorrect data may lead to poor predictions and in turn discrimination and bias; highlights that it is essential to develop capabilities at both national and union level to improve data collection and systematisation; ### 1. reiterates the importance of developing quality , compatible and inclusive data systems which respect and defend the values of the union (in particular gender equality , multilingualism and the conditions necessary for intercultural dialogue) for use in deep learning as the use of low-quality , outdated , incomplete or incorrect data may lead to poor predictions and in turn discrimination and bias; highlights that it is essential to develop capabilities at both national and union level to improve data collection , safety , systematisation and transferability;


### 1. underlines that the use of ai in the education , culture and audiovisual sectors should respect fundamental rights , freedoms and values as enshrined in the eu treaties and the charter of fundamental rights of the european union; welcomes the commission’s white paper on artificial intelligence in this regard , and invites the commission to include the educational sector in the regulatory framework for high-risk ai applications; ### 1. underlines that the use of ai in the education , culture and audiovisual sectors should respect fundamental rights , freedoms and values as enshrined in the eu treaties and the charter of fundamental rights of the european union; welcomes the commission’s white paper on artificial intelligence in this regard , and invites the commission to include the educational sector , limited to areas posing significant risks , in the regulatory framework for high-risk ai applications;


### 1. considers that ai has great potential to promote gender equality provided that conscious and unconscious bias are eliminated; stresses the need for ai to respect the principles and values of equality and non-discrimination between women and men; stresses , further , the importance of a risk-based approach and of continuous monitoring of existing and new algorithms; ### 1. emphasises that in the education sector , the roll-out of ai-based products and services should be accompanied by an ongoing review and updating of the relevant sectoral rules and should involve educators , learners and society as a whole and take their needs , their real possibilities and the expected benefits into account in order to ensure that ai is used purposefully and ethically , in a way that guarantees the utmost protection of fundamental rights and ensures that human beings are , ultimately , always able to check and correct the system's decisions; considers that ai has great potential to promote gender equality provided that conscious and unconscious bias are eliminated; stresses the need for ai to respect the principles and values of equality and non-discrimination between women and men; stresses , further , the importance of a risk-based approach and of continuous monitoring of existing and new algorithms;


### 1. considers that ai has great potential to promote gender equality provided that conscious and unconscious bias are eliminated; stresses the need for ai to respect the principles and values of equality and non-discrimination between women and men; stresses , further , the importance of a risk-based approach and of continuous monitoring of existing and new algorithms; ### 1. considers that ai has great potential to promote gender equality provided that conscious and unconscious bias are eliminated; stresses the need for ai to respect the principles and values of equality and non-discrimination between women and men; stresses , further , the importance of a risk-based approach , transparency , accountability and of continuous monitoring of existing and new algorithms;


### — having regard to article 167 of the treaty on the functioning of the european union , ### — having regard to articles 165 , 166 and 167 of the treaty on the functioning of the european union ,


### a. whereas artificial intelligence (ai) technologies are being developed at a fast pace , and are increasingly being used in education , culture and the audiovisual sector; ### a. whereas artificial intelligence (ai) technologies are being developed at a fast pace , and are increasingly being used in almost all areas of our lives , including education , culture and the audiovisual sector;


### a. whereas gender equality is a core principle of the european union enshrined in the treaties , and should be reflected in all eu policies , not least in education , culture and the audiovisual; ### a. whereas gender equality is a core principle of the european union enshrined in the treaties , and should be reflected in all eu policies , not least in education , culture and the audiovisual; and the development of disruptive technologies such as artificial intelligence;


### b. whereas the availability of high-quality and meaningful data is essential for the development of ai; ### b. whereas the availability of high-quality , meaningful , trustworthy and compatible data is essential for the development of ai;


### b. whereas gender inequalities and discrimination have been reproduced through the design , input and use of artificial intelligence (ai) systems; whereas incomplete datasets and incorrect bias can distort the reasoning of an ai system , and jeopardise gender equality in society; ### b. whereas gender inequalities and discrimination have been reproduced through the design , input , development and use of artificial intelligence (ai) systems; whereas incomplete datasets and incorrect bias can distort the reasoning of an ai system , and jeopardise the achievement of gender equality in society;


### c. whereas the use of ai raises many concerns regarding the ethics and transparency of data collection , use and dissemination; whereas the benefits and risks of ai in these sectors must be carefully assessed; ### c. whereas the use of ai raises many concerns regarding the ethics and transparency of data collection , use and dissemination; whereas the benefits and risks of ai in these sectors must be carefully assessed and its effects on all aspects of society thoroughly and continuously analysed;


### c. whereas gender inequalities are also created and replicated through the language and images disseminated by the media and ai-powered applications; whereas education , culture programmes and audiovisual contents are a fundamental tool for combatting gender stereotypes; ### c. whereas gender inequalities are also created and replicated through the language and images disseminated by the media and ai-powered applications; whereas education , culture programmes and audiovisual contents are a fundamental tool for combatting gender stereotypes and establishing strong role models;


### d. whereas women are significantly underrepresented in the ai sectors , either as creators or consumers; whereas the full potential of women’s skills , knowledge and qualifications in the digital , ai and ict (information , communication and technology) fields can contribute to boosting the european economy; whereas globally only 22 % of ai professionals are female; whereas the lack of women in ai development not only increases the risk of bias , but also deprives the eu of talent , vision and resources , and is therefore an obstacle to innovation; ### d. whereas women are significantly underrepresented in the ai sectors , either as creators , developers or consumers; whereas the full potential of women’s skills , knowledge and qualifications in the digital , ai and ict (information , communication and technology) fields can contribute to boosting the european economy; whereas globally only 22 % of ai professionals are female; whereas the lack of women in ai development not only increases the risk of bias , but also deprives the eu of talent , vision and resources , and is therefore an obstacle to innovation; whereas gender diversity enhances female attitudes in teams , and team performance and favours the potential for innovation in public and private companies;


### e. whereas it is essential to ensure that people in the union acquire the necessary skills to prepare themselves for the increasing presence of ai in all aspects of human activity; ### e. whereas it is essential to ensure that people in the union acquire the necessary skills to prepare themselves for the increasing presence of ai in all aspects of human activity; whereas only when digital skills will be widespread across all parts of the european society , we can achieve a just digital transformation , beneficial for everybody;


### f. whereas ai can be used to improve learning and teaching methods , notably by helping education systems to use data to improve educational equity and quality , whilst promoting personalisation and better access to education; ### f. whereas ai can be used to improve learning and teaching methods , notably by helping education systems to use data to improve educational equity and quality , whilst promoting personalisation and better access to education; whereas it is necessary to take into account that in order to make the digitisation and use of ai beneficial to the whole society , it requires equal and just access to digital technologies and high speed connectivity; whereas it is of the highest importance to ensure the digital education accessible for the european society as a whole , including for people with disadvantaged backgrounds and for people with disabilities;


### i. whereas the use of ai for media content , notably personalised content recommendations , raises issues regarding cultural and linguistic diversity; ### i. whereas the use of ai for media content , notably personalised content recommendations , raises issues regarding cultural and linguistic diversity as well as danger of production of discriminatory outputs based on biased entry data;


### k. whereas ai-generated fake content , such as ‘deepfakes’ , is growing exponentially and constitutes an imminent threat to democracy; ### k. whereas ai can be used to generate fake content , such as ‘deepfakes’ that are growing exponentially and constitute an imminent threat to democracy , while it can also be used as an invaluable tool for identification and immediate fight against such malicious activity , for example through real-time fact checking or labelling of such content;


### 2. calls for policies targeted at increasing the participation of women in the fields related to science , technology , engineering and mathematics (stem) and ai , and the adoption of a multi-level approach to address the gender gap in all levels of education and employment in the digital sector; ### 2. calls for policies targeted at increasing the participation of women in the fields related to science , technology , engineering and mathematics (stem) and ai , and the adoption of a multi-level approach to address the gender gap in all levels of education and employment in the digital sector; recognises that gender stereotyping , cultural discouragement and the lack of awareness and promotion of female role models hinders and negatively affects girls' and women´s opportunities in ict , stem and ai related studies , careers and entrepreneurship , and leads to discrimination and fewer opportunities for women in the labour market;


### 3. recalls the importance of strengthening digital skills at union level as a prerequisite for the use of ai in education; calls on the commission , in that regard , to make ai-related skills one of the main priorities of its next digital education action plan; ### 3. recalls the importance of strengthening digital skills , competences and media literacy at national and union level as a prerequisite for the use of ai in education; calls on the commission , in that regard , to make ai-related skills one of the main priorities of its next digital education action plan;


### 3. notes that ai-powered education brings a wide range of possibilities and opportunities , while at the same time posing risks regarding equal access to education and learning equalities; calls for the non-discriminatory use of ai in the education sector; recalls the risks and discrimination arising from recently developed ai tools used for school admission; ### 3. notes that ai-powered education brings a wide range of possibilities and opportunities , while at the same time posing risks regarding equal access to education and learning equalities at increasingly younger age with vulnerable and historically disadvantaged; calls for the non-discriminatory use of ai in the education sector; recalls the risks and discrimination arising from recently developed ai tools used for school admission;


### 3. calls on the commission and member states to take into account ai from a gender perspective when developing policy and legislation , and , if necessary , adapt current legislation , including eu programmes; ### 3. calls on the commission and member states to take into account ai from a gender perspective when developing policy and legislation , and , if necessary , adapt current legislation , including eu programmes; encourages member states to enact a strategy to promote the presence of females in stem , ict and ai related studies and careers in relevant existing national strategies to achieve gender equality. these strategies should aim at increasing gender equality by focusing on education and qualifications , better work-life balance , equal opportunities , non-discrimination in the labour market , raising awareness of gender bias across all relevant sectors , and increasing the visibility of female role models , among others; urges the commission to address the gender gap in stem , ict and ai related careers and education , and set it as a priority of the digital skills package in order to promote the presence of women in all education levels , as well as in the upskilling and reskilling of the labour force;


### 4. stresses that the learning benefits of using ai in education will depend not on ai itself , but on how teachers use ai to meet the needs of both students and teachers; points out , therefore , the need for ai programmers to involve teachers in designing ai-sustainable solutions that are suitable for real-life educational environments; ### 4. stresses that the learning benefits of using ai in education will depend not only on ai itself , but on how teachers use ai to meet the needs of pupils , students and teachers; points out , therefore , the need for creating a nexus environment to form connections and cooperation between ai programmers , developers , companies , schools , teachers and other public and private stakeholders for designing ai-sustainable solutions that are suitable for real-life educational environments;


### 4. welcomes the commission’s plan to update the digital education action plan in order to make better use of data and ai-based technologies so as to make educational systems fit for the digital age; stresses that general public awareness of ai at all levels , including awareness of ai risks relating to privacy and bias , is essential for preparing everyone to make informed decisions; ### 4. welcomes the commission’s plan to update the digital education action plan in order to make better use of data and ai-based technologies and calls on the commission , member states and other stakeholders , both public and private , to closely cooperate on necessary reforms in the educational sector so as to make educational systems fit for the digital age; stresses that general public awareness of ai at all levels , including awareness of ai risks relating to privacy and bias , is essential for preparing everyone to make informed decisions;


### 4. calls on the commission and member states to devise policy measures that fully incorporate the gender dimension , such as awareness-raising campaigns , training and curricula , which should provide information to citizens on how algorithms operate , and their impact on citizens’ daily lives; ### 4. calls on the commission and member states to devise policy measures that fully incorporate the gender dimension , such as awareness-raising campaigns , training and curricula , which should provide information to citizens on how algorithms operate , and their impact on citizens’ daily lives and to nurture gender-equal mindsets and working conditions that lead to the development of more inclusive technology products and work environments ;


### 5. highlights , moreover , the need to train teachers so they can adapt to the realities of ai-powered education and acquire the necessary skills to use ai in a pedagogical and meaningful way; ### 5. highlights , moreover , the need to reform teaching programmes for new generations of teachers , thus enhancing their ability of complying the pedagogical skills with the knowledge of using technologies while also training the current teachers and educators allowing them to adapt to the realities of ai powered education and acquire the necessary skills and knowledge to use ai in a qualitative , sure , pedagogical and meaningful way; further highlights the importance of elaborating and updating ai solutions handbooks and guidelines for teachers; further highlights that use of ai in education of children and youth is inevitable and has to go hand in hand with education for media literacy;


### 5. highlights the importance of the development and deployment of ai applications in the educational , cultural and audiovisual sectors in collecting more accurate and sex-disaggregated data , and applying modern machine learning de-biasing techniques , if needed , to correct stereotype gender bias , which may have negative impacts; ### 5. highlights the importance of the development and deployment of ai applications in the educational , cultural and audiovisual sectors in collecting more accurate and sex-disaggregated data , and applying modern machine learning de-biasing techniques , if needed , to correct stereotype gender bias , which may have negative impacts; highlights that one the most critical weaknesses of ai relates to the different types of biases it is subject to , such as gender , race or sexual orientation , as a result of already inherent human biases;


### 6. underlines the importance of training highly skilled professionals in the field of ai and of upskilling the future workforce to enable it to cope with the realities of an ai-driven labour market; thus encourages the member states to upgrade their educational offers with ai-related skills and to put in place specific curricula for ai developers; ### 6. underlines the importance of increasing the number of training highly skilled professionals in the field of ai and of upskilling the current and future workforce to enable it to cope with the realities of an ai-driven labour market; thus encourages the member states to upgrade their educational offers with ai-related skills and to put in place specific curricula for ai developers;


### 6. underlines the need for explicability of ai algorithms and the possibility of human verification and for due process , including the right of appeal , especially for decisions taken within the framework of prerogatives of public power; ### 6. underlines the need for explicability of ai algorithms and the possibility of human verification and for due process , including the right of appeal , especially for decisions taken within the framework of prerogatives of public power; notes that the terms and conditions should always include the community guidelines as well as the procedure of appeal;


### 6. stresses the need for diverse teams of developers and engineers working alongside the main actors in the educational , cultural and audiovisual sector in order to prevent gender and cultural bias being inadvertently included in ai algorithms , systems and applications. ### 6. stresses the need for diverse teams of developers and engineers working alongside the main actors in the educational , cultural and audiovisual sector in order to prevent gender and cultural bias being inadvertently included in ai algorithms , systems and applications. urges the commission to preserve and promote the plurality of reference theories on which the development of ai systems is based;


### 7. stresses that ai can play a significant role in preserving , promoting and managing cultural heritage , notably by monitoring and analysing changes to cultural heritage sites caused by threats such as climate change , natural disasters and armed conflicts; ### 7. stresses that ai can play a significant role in preserving , promoting and managing cultural heritage , notably by monitoring and analysing changes to cultural heritage sites caused by threats such as climate change , natural disasters and armed conflicts; calls on the commission to investigate possible use of ai for digitisation of cultural heritage that would be beneficial for their preservation and risk prediction;


### 8. stresses that ai provides new opportunities for cultural institutions , such as museums , to produce innovative tools for documenting and accessing cultural heritage sites , notably through 3d modelling and augmented virtual reality; ### 8. stresses that ai provides new opportunities for cultural institutions , such as museums , to produce innovative tools for cataloguing artefacts as well as documenting and accessing cultural heritage sites , notably through 3d modelling and augmented virtual reality; stresses that ai will also allow museums and art galleries to be able to implement interactive and personalised services for visitors by providing them a list of suggested items based on their expressed interest in person as well as online;


### 8. notes that ai tools have the potential to fight illegal content online , but strongly recalls , ahead of the digital services act expected for the end of this year , that such tools should always respect fundamental rights , especially freedom of expression , and should not lead to a general monitoring of the internet; ### 8. notes that ai tools have the potential to fight illegal content online , but strongly recalls , ahead of the digital services act expected for the end of this year , that such tools should always respect fundamental rights , especially freedom of expression , and should not lead to a general monitoring of the internet; stresses that algorithms should be used only as a flagging mechanism in content moderation , subject to human intervention , as ai is unable to reliably distinguish between legal , illegal and harmful content;


### 9. stresses that good practices in ai for cultural heritage accessibility should be identified and shared amongst cultural networks across the union; ### 9. stresses that good practices in ai for cultural heritage accessibility should be identified and shared amongst cultural networks across the union , while also encourageing research on the uses of ai for the valorisation , accessibility and preservation of cultural heritage;


### 10. stresses that ai can also be used to monitor the illicit trafficking of cultural objects and the destruction of cultural property , whilst supporting data collection for recovery and reconstruction efforts; ### 10. stresses that ai can also be used to monitor the illicit trafficking of cultural objects and the destruction of cultural property , whilst supporting data collection for recovery and reconstruction efforts of both tangible and intangible cultural heritage;


### cultural and creative sectors (ccs) ### cultural and creative sectors and industries (ccsi)


### 12. stresses the need to set up a coherent vision of ai in the ccs at union level; calls on the member states to strengthen the focus on culture in their ai national strategies to ensure that cultural diversity is safeguarded and promoted at union level in the new digital context; ### 12. stresses the need to set up a coherent vision of ai in the ccsi at union level; calls on the member states to strengthen the focus on culture in their ai national strategies to ensure that cultural diversity is safeguarded and promoted at union level in the new digital context , while aiming to prevent and reduce creative division;


### 14. stresses that algorithms used by media service providers and video sharing platforms should be designed in such a way that they do not privilege specific works by limiting their ‘personalised’ suggestions to the most popular works , for targeted advertising , commercial purposes or to maximise profit; ### 14. stresses that algorithms used by media service providers and video sharing platforms should be designed in such a way that they would guarantee the rights of users to be in control over the content they see , and to not privilege specific works by limiting their ‘personalised’ suggestions to the most popular works , for targeted advertising , commercial purposes or to maximise profit;


### 15. stresses , moreover , that the use of ai in algorithm-based content recommendations on online audiovisual media services , such video on demand services , may have a serious impact on cultural diversity , notably regarding the obligation to ensure the prominence of european works under article 13 of the audiovisual media services directive (directive (eu) 2018/1808); ### 15. stresses , moreover , that the use of ai in algorithm-based content recommendations on online audiovisual media services , such video on demand services , may have a serious impact on cultural and linguistic diversity , notably regarding the obligation to ensure the prominence of european works under article 13 of the audiovisual media services directive (directive (eu)2018/1808); as well as the actions that the member states can take to ensure an appropriate visibility for the general interest audio-visual media under article 7b of the aforementioned directive;


### c. whereas some businesses offering digital services enjoy , due to strong data-driven network effects , market dominance that makes it increasingly difficult for other players to compete; ### c. whereas some businesses offering digital services enjoy , due to strong data-driven network effects , market dominance that makes it increasingly difficult for other players to compete and difficult for new businesses to even enter the market;


### 1. welcomes the “cpc common position covid-19”3 issued by the commission and the consumer protection cooperation (cpc) authorities of the member states on the most recent reported scams and unfair practices in relation to the covid-19 outbreak; calls on all platforms to cooperate with the commission and the competent authorities to better identify illegal practices , take down scams and asks the commission to constantly review the common guidelines for the placement and/or sale of items and services of a false , misleading or otherwise abusive content for consumers; believes such guidelines should not only seek to apply union and national consumer law , but to proactively seek to put in place the means to react to the crisis in the market rapidly; ### 1. welcomes the “cpc common position covid-19”3 issued by the commission and the consumer protection cooperation (cpc) authorities of the member states on the most recent reported scams and unfair practices in relation to the covid-19 outbreak; calls on all platforms to cooperate with the commission and the competent authorities to better identify illegal practices , take down scams and asks the commission to take legislative action on the placement and/or sale of items and services of a false , misleading or otherwise abusive content for consumers; believes that the commission should proactively seek to put in place the means to react to the crisis in the market rapidly;


### 2. welcomes efforts to bring transparency to advertising online and considers that further clarity and guidance is needed as regards professional diligence and obligations for platforms; believes that where advertisers and intermediaries are established in a third country , they should designate a legal representative , established in the union , who can be held accountable for the content of advertisements , in order to allow for consumer redress in the case of false or misleading advertisements; ### 2. welcomes efforts to bring transparency to advertising online and considers that further clarity and legislative measures are needed as regards professional diligence and to establish the obligations for platforms , including the obligation to identify those paying , directly or indirectly , for advertising , and those benefitting from a better positioning in a ranking of search results as a result of a payment; believes that where advertisers and intermediaries are established in a third country , they should designate a legal representative , established in the union , who can be held accountable for the content of advertisements , in order to allow for consumer redress in the case of false or misleading advertisements;


### 2. welcomes efforts to bring transparency to advertising online and considers that further clarity and guidance is needed as regards professional diligence and obligations for platforms; believes that where advertisers and intermediaries are established in a third country , they should designate a legal representative , established in the union , who can be held accountable for the content of advertisements , in order to allow for consumer redress in the case of false or misleading advertisements; ### 2. welcomes efforts to bring transparency and accountability to advertising online and considers that further clarity and guidance is needed as regards professional diligence and obligations for platforms; believes that where advertisers and intermediaries are established in a third country , they should designate a legal representative , established in the union , who can be held accountable for the content of advertisements , in order to for example allow for consumer redress in the case of false or misleading advertisements;


### 2. welcomes efforts to bring transparency to advertising online and considers that further clarity and guidance is needed as regards professional diligence and obligations for platforms; believes that where advertisers and intermediaries are established in a third country , they should designate a legal representative , established in the union , who can be held accountable for the content of advertisements , in order to allow for consumer redress in the case of false or misleading advertisements; ### 2. welcomes efforts to bring transparency to advertising online and considers that further clarity and guidance is needed as regards professional diligence and obligations for platforms; believes that where advertisers and advertisement intermediaries are established in a third country , they should designate a legal representative , established in the union , who can be held accountable for the content of advertisements , in order to allow for consumer redress in the case of false or misleading advertisements;


### 2. proposes that the digital services act include a regulation that establishes contractual rights as regards content management , lays down transparent , binding and uniform standards and procedures for content moderation , and guarantees accessible and independent recourse to judicial redress; ### 2. proposes that the digital services act be preceded by an impact assessment to evaluate , analyse and propose appropriate european rules on content management , setting out the responsibility of each of the partners and the development of fair and transparent procedures between platforms , internet users and users;


### 3. asks the commission to clarify what sanctions or other restrictions those advertisement intermediaries and platforms should be subject to if they knowingly accept false or misleading advertisements; believes that online platforms should actively monitor the advertisements shown on their sites , in order to ensure they do not profit from false or misleading advertisements , including from influencer marketing content which is not being disclosed as sponsored; underlines that advertisements for commercial products and services , and advertisements of a political or other nature are different in form and function and therefore should be subject to different guidelines and rules; ### 3. asks the commission to clarify what sanctions or other restrictions those advertisement intermediaries and platforms should be subject to if they knowingly accept false or misleading advertisements; believes that online platforms should actively monitor the advertisements shown on their sites as well as fake reviews , in order to ensure they do not profit from false or misleading advertisements , including from influencer marketing content which is not being disclosed as sponsored; believes that platforms should also protect consumers from unsolicited commercial communications; underlines that advertisements for commercial products and services , and advertisements of a political or other nature are different in form and function and therefore should be subject to different guidelines and rules;


### 3. asks the commission to clarify what sanctions or other restrictions those advertisement intermediaries and platforms should be subject to if they knowingly accept false or misleading advertisements; believes that online platforms should actively monitor the advertisements shown on their sites , in order to ensure they do not profit from false or misleading advertisements , including from influencer marketing content which is not being disclosed as sponsored; underlines that advertisements for commercial products and services , and advertisements of a political or other nature are different in form and function and therefore should be subject to different guidelines and rules; ### 3. asks the commission to clarify what sanctions or other restrictions those advertisement intermediaries and platforms should be subject to if they knowingly accept false or misleading advertisements; believes that online platforms should through voluntary measures , monitor the advertisements shown on their sites , in order to ensure they do not profit from false or misleading advertisements , including from influencer marketing content which is not being disclosed as sponsored; underlines that advertisements for commercial products and services , and advertisements of a political or other nature are different in form and function and therefore should be subject to different guidelines and rules;


### 3. asks the commission to clarify what sanctions or other restrictions those advertisement intermediaries and platforms should be subject to if they knowingly accept false or misleading advertisements; believes that online platforms should actively monitor the advertisements shown on their sites , in order to ensure they do not profit from false or misleading advertisements , including from influencer marketing content which is not being disclosed as sponsored; underlines that advertisements for commercial products and services , and advertisements of a political or other nature are different in form and function and therefore should be subject to different guidelines and rules; ### 3. asks the commission to clarify what sanctions or other restrictions those advertisement intermediaries and platforms should be subject to if they knowingly accept false or misleading advertisements; believes that online platforms should actively monitor the advertisements shown on their sites , in order to ensure they do not profit from false or misleading advertisements , including from influencer marketing content which is not being disclosed as sponsored; underlines that advertisements for commercial products and services , and advertisements of a political or other nature are different in form and function and therefore should be subject to different , but complementary , rules;


### 4. while recalling earlier efforts , asks the commission to further review the practice of end user licensing agreements (eulas) and to seek ways to allow greater and easier engagement for consumers , including in the choice of clauses; notes that eulas are often accepted by users without reading them; moreover notes that when a eula does allow for users to opt-out of clauses , platforms may require users to do so at each use; ### 4. while recalling earlier efforts , asks the commission to further review the practice of end user licensing agreements (eulas) and to seek ways to ensure compliance with union law , in order to allow greater and easier engagement for consumers; considers that restrictions on the use of digital content and digital services that , while being imposed by the contractual freedom between right holders and service providers should be banned for not meeting the reasonable expectations of the consumer , protected under directive (eu) 2019/770 on certain aspects concerning contracts for the supply of digital content and digital services; notes that eulas are often accepted by users without reading them; moreover notes that when a eula does allow for users to opt-out of clauses , platforms may require users to do so at each use;


### 4. while recalling earlier efforts , asks the commission to further review the practice of end user licensing agreements (eulas) and to seek ways to allow greater and easier engagement for consumers , including in the choice of clauses; notes that eulas are often accepted by users without reading them; moreover notes that when a eula does allow for users to opt-out of clauses , platforms may require users to do so at each use; ### 4. while recalling earlier efforts , asks the commission to further review the practice of end user licensing agreements (eulas) and terms and conditions agreements (t&cs) and to seek ways to allow greater and easier engagement for consumers , including in the choice of clauses; notes that eulas and t&cs are often accepted by users without reading them; moreover notes that when a eula and t&cs does allow for users to opt-out of clauses , service providers may require users to do so at each use , often in bad faith , to encourage acceptance;


### 4. insists that the regulation must proscribe content moderation practices that are discriminatory; ### 4. insists that the regulation must prohibit content moderation practices that are discriminatory;


### 5. underlines that eulas should always make the sharing of all data with third parties optional unless vital to the functioning of the services; asks the commission to ensure that consumers can still use a connected device for all its primary functions even if a consumer withdraws their consent to share non-operational data with the device manufacturer or third parties; ### 5. underlines that eulas should always make the sharing of all data with third parties optional unless vital to the functioning of the services , establishing a high level of data protection and security; recommends that any data access remedy should be imposed only to tackle market failures , be incompliance with the gdpr , give consumers the right to object to data sharing and provide consumers with technical solutions to help them control and manage flows of their personal information and have means of redress; asks the commission to ensure that consumers can still use a connected device for all its primary functions even if a consumer withdraws their consent to share non-operational data with the device manufacturer or third parties;


### 5. underlines that eulas should always make the sharing of all data with third parties optional unless vital to the functioning of the services; asks the commission to ensure that consumers can still use a connected device for all its primary functions even if a consumer withdraws their consent to share non-operational data with the device manufacturer or third parties; ### 5. underlines that eulas and t&cs should always make the sharing of all data with third parties optional unless vital to the functioning of the services; asks the commission to ensure that consumers can still use a connected device for all its primary functions even if a consumer withdraws their consent to share non-operational data with the device manufacturer or third parties;


### 5. recommends the establishment of a european agency tasked with monitoring and enforcing compliance with contractual rights as regards content management , auditing any algorithms used for automated content moderation and curation , and imposing penalties for non-compliance; ### 5. the application of this regulation should be closely monitored by an existing or new european agency , or european body , tasked , in particular , to ensure compliance by content hosting platforms with the provisions of this regulation. the relevant agency or european body should review compliance with the standards laid down for content management on the basis of transparency reports and an audit of algorithms employed by content hosting platforms for the purpose of content management;


### 6. underlines that the directive (eu) 2019/770 and directive (eu) 2019/771 are still to be properly transposed and implemented; asks the commission to take this into account before taking additional measures; ### 6. underlines that the directive (eu) 2019/770 and directive (eu) 2019/771 are still to be properly transposed and implemented; asks the commission to take this into account when taking additional measures;


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


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


### 8. stresses that any future legislative proposals should seek to remove current and prevent potentially new barriers in the supply of digital services by online platforms; underlines , at the same time , that new union obligations on platforms must be proportional and clear in nature in order to avoid unnecessary regulatory burdens or unnecessary restrictions; underlines the need to prevent gold-plating practices of union legislation by member states. ### 8. stresses that any future legislative proposals should seek to remove current and prevent potentially new barriers in the supply of digital services by online platforms; underlines , at the same time , that new union obligations on platforms must be proportional and clear in nature in order to avoid unnecessary regulatory burdens or unnecessary restrictions; stresses in this regard the importance of establishing a well-balanced union approach with the ultimate aim of ensuring responsible and non-discriminatory behaviour of online platforms , in line with the union values and fundamental rights; underlines the need to prevent gold-plating practices of union legislation by member states.


### 8. stresses that any future legislative proposals should seek to remove current and prevent potentially new barriers in the supply of digital services by online platforms; underlines , at the same time , that new union obligations on platforms must be proportional and clear in nature in order to avoid unnecessary regulatory burdens or unnecessary restrictions; underlines the need to prevent gold-plating practices of union legislation by member states. ### 8. stresses that any future legislative proposals should seek to remove current and prevent potentially new barriers in the supply of digital services by online platforms; underlines , at the same time , that new union obligations on platforms must be proportional and clear in nature in order to avoid unnecessary regulatory burdens or unnecessary restrictions and be guided by consumer protection and product safety goals; underlines the need to prevent gold-plating practices of union legislation by member states.


### 8. takes the firm position that the digital services act must not contain provisions forcing content hosting platforms to employ any form of fully automated ex-ante controls of content , and considers that any such mechanism voluntarily employed by platforms must be subject to audits by the european agency to ensure that there is compliance with the digital services act; ### 8. takes the firm position that the digital services act must contain provisions forcing content hosting platforms to employ effective , transparent and fully automated ex-ante controls of content; notes that the algorithms used today for the detection of harmful content and the actions carried out by human moderators are becoming increasingly effective and precise; notes , however , that it is clear that the quality of content moderation is largely dependent on the databases , and therefore on the human work that develops them;


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


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


### - having regard to article 10 of the european convention on human rights , ### - having regard to article 11 of the charter of fundamental rights of the european union and article 10 of the european convention on human rights ,


### d. whereas ex-post competition law enforcement alone cannot effectively address the impact of the market dominance of certain online platforms on fair competition in the digital single market; ### d. whereas ex-post competition law enforcement alone cannot effectively address the impact of the market dominance of certain online platforms on fair competition in the digital single market; whereas competition law applied to the digital economy sector needs to be redefined in order to equip the sector with effective means to take into account the market power of digital actors;


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


### e. whereas content hosting platforms evolved from involving the mere display of content into sophisticated bodies and market players , in particular in the case of social networks that harvest and exploit usage data; whereas users have reasonable grounds to expect fair terms for the usage of such platforms; ### e. whereas content hosting platforms evolved from involving the mere display of content into sophisticated bodies and market players , in particular in the case of social networks that harvest and exploit usage data; whereas users have reasonable grounds to expect fair terms for the usage of such platforms; whereas users , whether private individuals or legal persons , have objective reasons to require fair terms with respect to access , transparency , pricing and conflict resolution;


### f. whereas content hosting platforms may determine what content is shown to their users , thereby profoundly influencing the way we obtain and communicate information , to the point that content hosting platforms have de facto become public spaces in the digital sphere; whereas public spaces must be managed in a manner that respects fundamental rights and the civil law rights of the users; ### f. whereas content hosting platforms may determine what content is shown to their users , thereby profoundly influencing the way we obtain and communicate information , to the point that content hosting platforms have de facto become a public space in the digital sphere , causing people to be dispossessed , deprived of their rights , and provoking increasingly serious interference in the functioning of democratic life and repeated violations of fundamental rights; whereas public spaces must be managed in a manner that respects all fundamental rights;


### h. whereas content hosting platforms often employ automated content removal mechanisms that raise legitimate rule of law concerns , in particular when they are encouraged to employ such mechanisms pro-actively and voluntarily , resulting in content removal taking place without a clear legal basis , which is in contravention of article 10 of the european convention on human rights , stating that formalities , conditions , restrictions or penalties governing the exercise of freedom of expression and information must be prescribed by law; ### h. whereas automated content removal mechanisms , employed by content hosting platforms , raise legal concerns , in particular as regards possible restrictions of freedom of expression and information , protected under article 11 of the charter of fundamental rights of the european union;


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


### i. whereas the civil law regimes governing content hosting platforms’ practices in content moderation are based on certain sector-specific provisions at union level as well as on laws passed by member states at national level , and there are notable differences in the obligations imposed on content hosting platforms and in the enforcement mechanisms of the various civil law regimes; whereas this situation requires a response at union level; ### i. whereas the civil law regimes governing content hosting platforms’ practices in content moderation are based on certain sector-specific provisions at union and national level , with notable differences in the obligations imposed and enforcement mechanisms deployed; whereas this situation creates a fragmented digital single market and , therefore , requires a response at union level;


### l. whereas the choice of algorithmic logic behind such recommendation systems , content curation or advertisement placements remains at the discretion of the content hosting platforms with little possibility for public oversight , which raises accountability concerns; ### l. whereas the choice of algorithmic logic behind recommendation systems , comparison services , content curation or advertisement placements remains not solely but also at the discretion of the content hosting platforms with little possibility for public oversight , which raises accountability and transparency concerns;


### o. whereas the terms and conditions of platforms , which are non-negotiable , often indicate both applicable law and competent courts outside the union , which represent an obstacle as regards access to justice; whereas the question of which private international law rules relate to rights to data is ambiguous in union law as well as in international law; ### o. whereas the terms and conditions of platforms , which are non-negotiable , often indicate both applicable law and competent courts outside the union , which represent an obstacle as regards access to justice; whereas regulation (eu) no 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters lays down rules on jurisdiction; whereas 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 , clarifies the data subject’s right to private enforcement action directly against the controller or processor , regardless of whether the processing takes place in the union or not and regardless whether the controller is established in the union or not; whereas article 79 of regulation (eu) 2016/679 stipulates that proceedings shall be brought before the courts of the member state in where the controller or processor has an establishment or , alternatively where the data subject has his or her habitual residence;


### p. whereas access to data is an important factor in the growth of the digital economy; whereas the interoperability of data can , by removing lock-in effects , play an important part in ensuring that fair market conditions exist; ### p. whereas access to data and its retention are an important factor in the growth of the digital economy; whereas the interoperability of data can , by removing lock-in effects , play an important part in ensuring that fair market conditions exist , on condition that access to data and its retention can be regulated by means of appropriate legal standards;


### - it should fully respect union rules protecting personal data as well as fundamental rights. ### - it should fully respect the charter of fundamental rights of the european union , as well as union rules protecting users and their safety , privacy and personal data , as well as other fundamental rights.


### a european agency on content management should be established with the following main tasks: ### asks the commission to entrust an existing or new european agency or european body with the following tasks:


### - failure to provide access for the european agency to content moderation and curation algorithms for review; ### - failure to provide access for the relevant , existing or new , european agency or european body to content moderation and curation algorithms for review;


### - failure to submit transparency reports to the european agency; ### - failure to submit transparency reports to the relevant , existing or new , european agency or european body;


### the digital services act should contain provisions requiring content hosting platforms to regularly provide transparency reports to the agency. such reports should , in particular , include: ### the digital services act should contain provisions requiring content hosting platforms to regularly publish and provide transparency reports to the respective , existing or new , european agency or european body. such reports should be comprehensive , following a consistent methodology. transparency reports should , in particular , include:


### - the total number of removal requests complied with , ### - the total number of removal requests complied with and the total number of referrals of content to competent authorities ,


### - information on the enforcement of terms and conditions. ### - information on the enforcement of terms and conditions and information on the court rulings received to remove and/or delete terms and conditions for being considered illegal per member state.


### - measures to limit the data collected by content hosting platforms , based on interactions of users with content hosted on content hosting platforms , for the purpose of completing targeted advertising profiles , in particular by imposing strict conditions for the use of targeted personal advertisements. ### - measures to minimize the data collected by content hosting platforms , based on inter alia interactions of users with content hosted on content hosting platforms , for the purpose of completing targeted advertising profiles , in particular by imposing strict conditions for the use of targeted personal advertisements and by requiring prior consent of the user.


### - measures to limit the data collected by content hosting platforms , based on interactions of users with content hosted on content hosting platforms , for the purpose of completing targeted advertising profiles , in particular by imposing strict conditions for the use of targeted personal advertisements. ### - enforcement of existing measures to limit the data collected by content hosting platforms , based on inter alia interactions of users with content hosted on content hosting platforms , for the purpose of completing targeted advertising profiles , in particular by imposing strict conditions for the use of targeted personal advertisements.


### - users of content hosting platforms should be given the choice to opt in or out of receiving targeted advertisements. ### - users of content hosting platforms should be given the choice to opt in or out and withdraw their consent to be subject to targeted advertisements , in line with data protection and privacy rules.


### - content hosting platforms should make available an archive of sponsored advertisements that were shown to their users , including the following: ### - content hosting platforms should make available an archive of sponsorships and advertisements that were shown to their users , including the following:


### - whether the advertisement is currently active or inactive , ### - whether the advertisement or sponsorship is currently active or inactive ,


### - the timespan during which the advertisement was active , ### - the timespan during which the advertisement or sponsorship was active ,


### - the name and contact details of the advertiser , ### - the name and contact details of the sponsor or advertiser and , if different , on behalf of whom the advertisement or the sponsorship is being placed ,


### - the amount paid for the advertisement. ### deleted


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


### - include measures clarifying private international law rules as regards data in a way that is not detrimental to union subjects , ### - include measures clarifying private international law rules to inter alia consider the activities of platforms , so that they are not detrimental to union subjects ,