### 4. where a public sector body or a union institution , agency or body transmits or makes data available under paragraph 1 , it shall notify the data holder from whom the data was received. ### 4. where a public sector body or a union institution , agency or body intends to transmit or make data available under paragraph 1 , it shall notify the data holder from whom the data was received and provide all necessary information regarding the identity of the data recipient and the activities that will be carried out by the data recipient based on the data received pursuant to paragraph 1. data holders shall have the right to object to the sharing of data by a public sector body or a union institution , agency or body under paragraph 1 , to the competent authority , when such data sharing does not meet the requirements of this chapter.


### article 22 ### deleted


### terminating , after a maximum notice period of 30 calendar days , the contractual agreement of the service; ### terminating , after a maximum notice period of 60 calendar days , the contractual agreement of the service;


### 1. providers of data processing services that concern scalable and elastic computing resources limited to infrastructural elements such as servers , networks and the virtual resources necessary for operating the infrastructure , but that do not provide access to the operating services , software and applications that are stored , otherwise processed , or deployed on those infrastructural elements , shall ensure that the customer , after switching to a service covering the same service type offered by a different provider of data processing services , enjoys functional equivalence in the use of the new service. ### 1. providers of data processing services that concern scalable and elastic computing resources limited to infrastructural elements such as servers , networks and the virtual resources necessary for operating the infrastructure , but that do not provide access to the operating services , software and applications that are stored , otherwise processed , or deployed on those infrastructural elements , shall ensure that the customer , after switching to a service covering the same service type offered by a different provider of data processing services , enjoys functional equivalence in the use of the new service. this provision applies to the original provider only insofar as the measures are related to the services ,contractual agreements or commercial practices of the original provider.


### 1. providers of data processing services shall take all reasonable technical , legal and organisational measures , including contractual arrangements , in order to prevent international transfer or governmental access to non-personal data held in the union where such transfer or access would create a conflict with union law or the national law of the relevant member state , without prejudice to paragraph 2 or 3. ### 1. providers of data processing services shall take all necessary technical , legal and organisational measures , including contractual arrangements , in order to prevent international transfer or governmental access to non-personal data held in the union where such transfer or access would create a conflict with union law or the national law of the relevant member state , without prejudice to paragraph 2 or 3.


### the addressee of the decision may ask the opinion of the relevant competent bodies or authorities , pursuant to this regulation , in order to determine whether these conditions are met , notably when it considers that the decision may relate to commercially sensitive data , or may impinge on national security or defence interests of the union or its member states. ### the addressee of the decision may ask the opinion of the relevant competent bodies or authorities , pursuant to this regulation , in order to determine whether these conditions are met , notably when it considers that the decision may relate to commercially sensitive data , or may impinge on national security or defence interests of the union or its member states. if the opinion of the competent authorities concludes that the conditions are not met , in particular because the decision concerns commercially sensitive data or affects the interests of the union or its member states in matters of national security or defence , then the recipient shall not provide access to the data.


### 4. the commission may , in accordance with article 10 of regulation (eu) no 1025/2012 , request one or more european standardisation organisations to draft harmonised standards that satisfy the essential requirements under paragraph 1 of this article ### 4. the commission shall , in accordance with article 10 of regulation (eu) no 1025/2012 , request one or more european standardisation organisations to draft harmonised standards that satisfy the essential requirements under paragraph 1 of this article


### 5. the commission shall , by way of implementing acts , adopt common specifications , where harmonised standards referred to in paragraph 4 of this article do not exist or in case it considers that the relevant harmonised standards are insufficient to ensure conformity with the essential requirements in paragraph 1 of this article , where necessary , with respect to any or all of the requirements laid down in paragraph 1 of this article. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 39(2). ### 5. the commission may , by way of implementing acts , adopt common specifications , where it considers that the relevant harmonised standards are insufficient to ensure conformity with the essential requirements in paragraph 1 of this article , where necessary , with respect to any or all of the requirements laid down in paragraph 1 of this article. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 39(2). common specifications shall be developed in an open , transparent , technology-neutral manner , in consultation with industry and relevant stakeholders.


### 4. the commission may , in accordance with article 10 of regulation (eu) no 1025/2012 , request one or more european standardisation organisations to draft european standards applicable to specific service types of data processing services. ### 4. the commission shall , in accordance with article 10 of regulation (eu) no 1025/2012 , request one or more european standardisation organisations to draft european standards applicable to specific service types of data processing services.


### 5. the commission may , in accordance with article 10 of regulation (eu) no 1025/2012 , request one or more european standardisation organisations to draft harmonised standards that satisfy the essential the requirements under paragraph 1 of this article. ### 5. the commission shall , in accordance with article 10 of regulation (eu) no 1025/2012 , request one or more european standardisation organisations to draft harmonised standards that satisfy the essential the requirements under paragraph 1 of this article.


### 6. where harmonised standards referred to in paragraph 4 of this article do not exist or where the commission considers that the relevant harmonised standards are insufficient to ensure conformity with the essential requirements in paragraph 1 of this article in a cross-border context , the commission may , by way of implementing acts , adopt common specifications in respect of the essential requirements set out in paragraph 1 of this article. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 39(2). ### 6. where harmonised standards referred to in paragraph 4 of this article are insufficient to ensure conformity with the essential requirements in paragraph 1 of this article in a cross-border context , the commission may , by way of implementing acts , adopt common specifications in respect of the essential requirements set out in paragraph 1 of this article. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 39(2). common specifications shall be developed in an open , transparent , technology-neutral manner , in consultation with industry and relevant stakeholders.


### 6. where harmonised standards referred to in paragraph 4 of this article do not exist or where the commission considers that the relevant harmonised standards are insufficient to ensure conformity with the essential requirements in paragraph 1 of this article in a cross-border context , the commission may , by way of implementing acts , adopt common specifications in respect of the essential requirements set out in paragraph 1 of this article. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 39(2). ### 6. where harmonised standards referred to in paragraph 4 of this article do not exist , the commission shall issue a standardisation request in accordance with article 10 of regulation 1025/2012. where the commission considers that the relevant harmonised standards are insufficient to ensure conformity with the essential requirements in paragraph 1 of this article in a cross-border context , the commission may , by way of implementing acts , adopt common specifications in respect of the essential requirements set out in paragraph 1 of this article. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 39(2).


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


### ensuring the online public availability of requests for access to data made by public sector bodies in the case of public emergencies under chapter v; ### coordinating requests made by public sector bodies to private sector to access data , according to chapter v.


### 4. where a member state designates more than one competent authority , the competent authorities shall , in the exercise of the tasks and powers assigned to them under paragraph 3 of this article , cooperate with each other , including , as appropriate , with the supervisory authority responsible for monitoring the application of regulation (eu) 2016/679 , to ensure the consistent application of this regulation. in such cases , relevant member states shall designate a coordinating competent authority. ### 4. where a member state designates more than one competent authority , the competent authorities shall , in the exercise of the tasks and powers assigned to them under paragraph 3 of this article , cooperate with each other , including , as appropriate , with the supervisory authority responsible for monitoring the application of regulation (eu) 2016/679 , to ensure the consistent application of this regulation. in such cases , the supervisory authorities under regulation (eu) 2016/679 shall be designated as coordinating competent authority.


### 6. when carrying out their tasks and exercising their powers in accordance with this regulation , the competent authorities shall remain free from any external influence , whether direct or indirect , and shall neither seek nor take instructions from any other public authority or any private party. ### 6. when carrying out their tasks and exercising their powers in accordance with this regulation , the competent authorities shall remain independent and impartial , free from any external influence , whether direct or indirect , and shall neither seek nor take instructions from any other public authority or any private party.


### 7. member states shall ensure that the designated competent authorities are provided with the necessary resources to adequately carry out their tasks in accordance with this regulation. ### 7. member states shall ensure that the designated competent authorities are provided with the human , technical and financial resources , premises and infrastructure necessary for the effective performance to adequately carry out their tasks in accordance with this regulation.


### in order not to hinder the exercise of the right of users to access and use such data in accordance with article 4 of this regulation or of the right to share such data with third parties in accordance with article 5 of this regulation , the sui generis right provided for in article 7 of directive 96/9/ec does not apply to databases containing data obtained from or generated by the use of a product or a related service. ### in order not to hinder the exercise of the right of users to access and use such data in accordance with article 4 of this regulation or of the right to share such data with third parties in accordance with article 5 of this regulation , the sui generis right provided for in article 7 of directive 96/9/ec does not apply to databases containing data obtained from or generated by the use of a product or a related service when this right is invoked to deny or obstruct the sharing of data with a user or data recipient in accordance with article 4 and 5.


### (11) union law setting physical design and data requirements for products to be placed on the union market should not be affected by this regulation. ### (11) union law setting physical design and data requirements for connected products to be placed on the union market should be complemented by this regulation.


### (19) in practice , not all data generated by products or related services are easily accessible to their users , and there are often limited possibilities for the portability of data generated by products connected to the internet of things. users are unable to obtain data necessary to make use of providers of repair and other services , and businesses are unable to launch innovative , more efficient and convenient services. in many sectors , manufacturers are often able to determine , through their control of the technical design of the product or related services , what data are generated and how they can be accessed , even though they have no legal right to the data. it is therefore necessary to ensure that products are designed and manufactured and related services are provided in such a manner that data generated by their use are always easily accessible to the user. ### (19) in practice , not all data generated by connected products or related services are easily accessible to their users , and there are often limited possibilities for the portability of data generated by products connected to the internet. users are unable to obtain data necessary to make use of providers of repair and other services , and businesses are unable to launch innovative , more efficient and convenient services. in many sectors , manufacturers , who are also providing related services are often able to determine , through their control of the technical design of the connected product or related services , what data are generated and how they can be accessed , even though they have no legal right to the data. it is therefore necessary to ensure that products are designed and manufactured and related services are provided in such a manner that data generated by their use are always easily and securely accessible in a format that allows the user to view , retrieve and process it , either directly on the connected product or , where not technically possible , on a separate device from the connected product. this regulation should not be interpreted as an additional obligation for data holders to store data on-device or on a remote server , that are necessary for the immediate functioning of the connected product but the data holder does not intend to extract. upon an explicit and voluntary agreement between the data holder and the user , such data could be collected and stored.


### (27) the data holder may require appropriate user identification to verify the user’s entitlement to access the data. in the case of personal data processed by a processor on behalf of the controller , the data holder should ensure that the access request is received and handled by the processor. ### (27) the data holder may require appropriate user identification and authentication to verify the user’s entitlement to access the data. where there is a legal obligation for identification and authentication , data holders should provide users the possibility to use european digital identity wallets pursuant to regulation (eu) xxx/xxxx establishing a framework for a european digital identity. in the case of personal data processed by a processor on behalf of the controller , the data holder should ensure that the access request is received and handled by the processor.


### (59) this regulation should not apply to , nor pre-empt , voluntary arrangements for the exchange of data between private and public entities. obligations placed on data holders to provide data that are motivated by needs of a non-exceptional nature , notably where the range of data and of data holders is known and where data use can take place on a regular basis , as in the case of reporting obligations and internal market obligations , should not be affected by this regulation. requirements to access data to verify compliance with applicable rules , including in cases where public sector bodies assign the task of the verification of compliance to entities other than public sector bodies , should also not be affected by this regulation. ### (59) this regulation should not apply to , nor pre-empt , voluntary arrangements for the exchange of non-personal data between private and public entities. obligations placed on data holders to provide data that are motivated by needs of a non-exceptional nature , notably where the range of data and of data holders is known and where data use can take place on a regular basis , as in the case of reporting obligations and internal market obligations , should not be affected by this regulation. requirements to access data to verify compliance with applicable rules , including in cases where public sector bodies assign the task of the verification of compliance to entities other than public sector bodies , should also not be affected by this regulation.


### (66) when reusing data provided by data holders , public sector bodies and union institutions , agencies or bodies should respect both existing applicable legislation and contractual obligations to which the data holder is subject. where the disclosure of trade secrets of the data holder to public sector bodies or to union institutions , agencies or bodies is strictly necessary to fulfil the purpose for which the data has been requested , confidentiality of such disclosure should be ensured to the data holder. ### (66) when reusing data provided by data holders , public sector bodies and union institutions , agencies or bodies should respect both existing applicable legislation and contractual obligations to which the data holder is subject. where the disclosure of trade secrets of the data holder to public sector bodies or to union institutions , agencies or bodies is strictly necessary to fulfil the purpose for which the data has been requested , confidentiality of such disclosure shall be ensured to the data holder.


### (68) the public sector body or union institution , agency or body may share the data it has obtained pursuant to the request with other entities or persons when this is needed to carry out scientific research activities or analytical activities it cannot perform itself. such data may also be shared under the same circumstances with the national statistical institutes and eurostat for the compilation of official statistics. such research activities should however be compatible with the purpose for which the data was requested and the data holder should be informed about the further sharing of the data it had provided. individuals conducting research or research organisations with whom these data may be shared should act either on a not-for-profit basis or in the context of a public-interest mission recognised by the state. organisations upon which commercial undertakings have a decisive influence allowing such undertakings to exercise control because of structural situations , which could result in preferential access to the results of the research , should not be considered research organisations for the purposes of this regulation. ### (68) the public sector body or union institution , agency or body may share the data it has obtained pursuant to the request with other entities or persons when this is needed to carry out scientific research activities or analytical activities it cannot perform itself. data holders should be notified regarding such data sharings , providing the data holder with all necessary information regarding the identity of the data recipient and the activities that will be carried out by the data recipient. the data holder should have the right to object to the sharing of data by a public sector body or a union institution , agency or body to the competent authority , when such data sharing does not meet the requirements of this regulation. such data may also be shared under the same circumstances with the national statistical institutes and eurostat for the compilation of official statistics. such research activities should however be compatible with the purpose for which the data was requested. individuals conducting research or research organisations with whom these data may be shared should act either on a not-for-profit basis or in the context of a public-interest mission recognised by the state. organisations upon which commercial undertakings have a decisive influence allowing such undertakings to exercise control because of structural situations , which could result in preferential access to the results of the research , should not be considered research organisations for the purposes of this regulation.


### where a public sector body or a union institution , agency or body transmits or makes data available under this paragraph , it shall notify the data holder from whom the data was received. ### deleted


### 3. in case of a request for data necessary to respond to a public emergency , the data holder may also decline or seek modification of the request if the data holder already provided the requested data in response to previously submitted request for the same purpose by another public sector body or union institution agency or body and the data holder has not been notified of the destruction of the data pursuant to article 19(1) , point (c). ### 3. in case of a request for data necessary for an exceptional need pursuant to article 15 , the data holder may also decline or seek modification of the request if the data holder already provided the requested data in response to previously submitted request for the same purpose by another public sector body or union institution agency or body and the data holder has not been notified of the destruction of the data pursuant to article19(1) , point (c).


### 21 contribution of research organisations or statistical bodies in the context of exceptional needs ### 21 contribution of research organisations or statistical bodies in the context of exceptional need


### 2. individuals or organisations receiving the data pursuant to paragraph 1 shall act on a not-for-profit basis or in the context of a public-interest mission recognised in union or member state law. they shall not include organisations upon which commercial undertakings have a decisive influence or which could result in preferential access to the results of the research. ### 2. individuals or organisations receiving the data pursuant to paragraph 1 shall act exclusively on a not-for-profit basis or in the context of a public-interest mission recognised in union or member state law. they shall not include organisations upon which commercial undertakings have a decisive influence or which could result in preferential access to the results of the research.


### 4. after having been notified in accordance with paragraph 3 , the relevant competent authority shall advise the requesting public sector body of the need , if any , to cooperate with public sector bodies of the member state in which the data holder is established , with the aim of reducing the administrative burden on the data holder in complying with the request. the requesting public sector body shall take the advice of the relevant competent authority into account. ### 4. after having received the request in accordance with paragraph 3 , the relevant competent authority shall send the request to the competent authority of the member state in which the data holder is established , with the aim of ensuring cooperation among authorities and reducing the administrative burden on the data holder in complying with the request.


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


### 2. the competent authority with which the complaint has been lodged shall inform the complainant of the progress of the proceedings and of the decision taken. ### 2. the competent authority with which the complaint has been lodged shall inform the complainant in accordance with national law of the progress of the proceedings and of the decision taken.


### it shall apply from [12 months after the date of entry into force of this regulation]. ### it shall apply from [18 months after the date of entry into force of this regulation].


### 5 right to share data with third parties ### 5 right of the user to share data with third parties


### 2. a contractual term is unfair if it is of such a nature that its use grossly deviates from good commercial practice in data access and use , contrary to good faith and fair dealing. ### 2. a contractual term is unfair if it is of such a nature that its use grossly deviates from good commercial practice in data access and use , contrary to good faith and fair dealing and creates a significant imbalance between the rights and obligations of the parties to the contract.


### 1. where requesting data pursuant to article 14(1) , a public sector body or a union institution , agency or body shall: ### 1. in the requests for data pursuant to article 14(1) , a public sector body or a union institution , agency or body shall:


### demonstrate the exceptional need for which the data are requested; ### demonstrate the exceptional need for which the data are requested , laying down the circumstance justifying the request and demonstrating that all the conditions mentioned in article 15 are met;


### be proportionate to the exceptional need , in terms of the granularity and volume of the data requested and frequency of access of the data requested; ### be justified and proportionate to the exceptional need , in terms of the granularity and volume of the data requested and frequency of access of the data requested , and be limited to data necessary to carry out the task;


### having regard to the treaty on the functioning of the european union , and in particular article 114 thereof , ### having regard to the treaty on the functioning of the european union , and in particular article 114 and article 103 thereof ,


### (16) it is necessary to lay down rules applying to connected products that incorporate or are interconnected with a service in such a way that the absence of the service would prevent the product from performing its functions. such related services can be part of the sale , rent or lease agreement , or such services are normally provided for products of the same type and the user could reasonably expect them to be provided given the nature of the product and taking into account any public statement made by or on behalf of the seller , renter , lessor or other persons in previous links of the chain of transactions , including the manufacturer. these related services may themselves generate data of value to the user independently of the data collection capabilities of the product with which they are interconnected. this regulation should also apply to a related service that is not supplied by the seller , renter or lessor itself , but is supplied , under the sales , rental or lease contract , by a third party. in the event of doubt as to whether the supply of service forms part of the sale , rent or lease contract , this regulation should apply. ### (16) it is necessary to lay down rules applying to connected products that , at the time of the sale , rental or leasing agreement incorporate or are interconnected with a service in such a way that the absence of the service would prevent the product from performing one of its main functions. such related services can be part of the sale , rent or lease agreement , taking into account any public statement made by or on behalf of the seller , renter , lessor or other persons in previous links of the chain of transactions , including the manufacturer. these related services may themselves generate data of value to the user independently of the data collection capabilities of the product with which they are interconnected. neither the power supply nor the supply of the connectivity are to be interpreted as related services under this regulation. this regulation should also apply to a related service that is not supplied by the seller , renter or lessor itself , but is supplied , under the sales , rental or lease contract , by a third party. in the event of doubt as to whether the supply of service forms part of the sale , rent or lease contract , this regulation should apply. for the sake of legal certainty , electronic communications services are not in scope.


### (16) it is necessary to lay down rules applying to connected products that incorporate or are interconnected with a service in such a way that the absence of the service would prevent the product from performing its functions. such related services can be part of the sale , rent or lease agreement , or such services are normally provided for products of the same type and the user could reasonably expect them to be provided given the nature of the product and taking into account any public statement made by or on behalf of the seller , renter , lessor or other persons in previous links of the chain of transactions , including the manufacturer. these related services may themselves generate data of value to the user independently of the data collection capabilities of the product with which they are interconnected. this regulation should also apply to a related service that is not supplied by the seller , renter or lessor itself , but is supplied , under the sales , rental or lease contract , by a third party. in the event of doubt as to whether the supply of service forms part of the sale , rent or lease contract , this regulation should apply. ### (16) it is necessary to lay down rules applying to connected products that are interconnected with a service in such a way that the absence of the service would prevent the product from performing its functions. such related services can be part of the sale , rent or lease agreement , or such services are normally provided for products of the same type and the user could reasonably expect them to be provided given the nature of the product and taking into account any public statement made by or on behalf of the seller , renter , lessor or other persons in previous links of the chain of transactions , including the manufacturer. these related services may themselves generate data of value to the user independently of the data collection capabilities of the connected product with which they are interconnected. this regulation should also apply to a related service that is not supplied by the seller , renter or lessor itself , but is supplied , under the sales , rental or lease contract , by a third party. in the event of doubt as to whether the supply of service forms part of the sale , rent or lease contract , this regulation should apply.


### (38) this regulation contains general access rules , whenever a data holder is obliged by law to make data available to a data recipient. such access should be based on fair , reasonable , non-discriminatory and transparent conditions to ensure consistency of data sharing practices in the internal market , including across sectors , and to encourage and promote fair data sharing practices even in areas where no such right to data access is provided. these general access rules do not apply to obligations to make data available under regulation (eu) 2016/679. voluntary data sharing remains unaffected by these rules. ### (38) this regulation contains general access rules , whenever a data holder is obliged by law to make data available to a data recipient. such access should be based on fair , reasonable , non-discriminatory and transparent conditions to ensure consistency of data sharing practices in the internal market , including across sectors , and to encourage and promote fair data sharing practices even in areas where no such right to data access is provided. these general access rules do not apply to obligations to make data available under regulation (eu) 2016/679. voluntary data sharing remains unaffected by these rules. the commission should develop a framework aimed at preventing and mitigating distortions on the data market.


### (39) based on the principle of contractual freedom , the parties should remain free to negotiate the precise conditions for making data available in their contracts , within the framework of the general access rules for making data available. ### (39) based on the principle of contractual freedom , the parties should remain free to negotiate the precise conditions for making data available in their contracts , within the framework of the general access rules for making data available. where no international or union standards on the cybersecurity of data sharing exist , parties are encouraged to indicate any technical and organisational aspects in the terms of the contract , including in relation to data security.


### (50) parties to dispute settlement proceedings should not be prevented from exercising their fundamental rights to an effective remedy and to a fair trial. therefore , the decision to submit a dispute to a dispute settlement body should not deprive those parties of their right to seek redress before a court or a tribunal of a member state. ### (50) dispute settlement proceedings are an alternative mean for dispute resolution and should not prevent parties from exercising their fundamental rights to an effective remedy and to a fair trial. therefore , the decision to submit a dispute to a dispute settlement body should not deprive those parties of their right to seek redress before a court or a tribunal of a member state.


### (60) for the exercise of their tasks in the areas of prevention , investigation , detection or prosecution of criminal and administrative offences , the execution of criminal and administrative penalties , as well as the collection of data for taxation or customs purposes , public sector bodies and union institutions , agencies and bodies should rely on their powers under sectoral legislation. this regulation accordingly does not affect instruments for the sharing , access and use of data in those areas. ### (60) for the exercise of their tasks in the areas of prevention , investigation , detection or prosecution of criminal and administrative offences , the execution of criminal and administrative penalties , as well as the collection of data for taxation or customs purposes , public sector bodies and union institutions , agencies and bodies should rely on their powers under sectoral legislation. this regulation accordingly does not affect instruments for the sharing , access and use of data in those areas. this regulation should not apply to connected products and related services provided for public security , defence and national security.


### (89) in order to allow the economic actors to adapt to the new rules laid out in this regulation , they should apply from a year after entry into force of the regulation. ### (89) in order to allow the economic actors to adapt to the new rules laid out in this regulation , they should apply from 18 months after entry into force of the regulation. the obligations related to the design of the connected products and provision of the related services placed on the market within the last five years from the entry into force of this regulation , should apply retroactively , only when the manufacturer or provider of related service is able to remotely deploy mechanisms to ensure the fulfilment of the requirements pursuant to article 3(1) and only when the deployment of such mechanisms would not place a disproportionate burden on the manufacturer or provider of related services.


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


### 3 obligation to make data generated by the use of products or related services accessible ### 3 obligation of the manufacturer or a provider of related services to make data generated by the use of connected products or related services accessible to the user


### whether the data is likely to be generated continuously and in real-time; ### whether the data will be generated continuously and in real-time;


### 2. the data holder shall not require the user to provide any information beyond what is necessary to verify the quality as a user pursuant to paragraph 1. the data holder shall not keep any information on the user’s access to the data requested beyond what is necessary for the sound execution of the user’s access request and for the security and the maintenance of the data infrastructure. ### 2. the data holder shall not require the user to provide any information beyond what is strictly necessary to verify the quality as a user pursuant to paragraph 1. the data holder shall not keep any information on the user's access to the data requested beyond what is necessary for the sound execution of the user’s access request and for the security and the maintenance of the data infrastructure. where identification is legally required , data holders shall enable the possibility for users to identify and authenticate through the european digital identity wallets , pursuant to regulation (eu) xxx/xxxx [european digital identity framework].


### (1) in its communication “2030 digital compass: the european way for the digital decade” of 9 march 202131 (“digital compass communication”) the commission laid out its vision for 2030 to empower citizens and businesses through the digital transition. the union way for the digital transformation of economy and society should encompass digital sovereignty , inclusion , equality , sustainability , resilience , security , improving quality of life , respect of citizens’ rights and aspirations and should contribute to a dynamic , resource efficient , and fair economy and society in the union. ### (1) in its communication “2030 digital compass: the european way for the digital decade” of 9 march 202131 (“digital compass communication”) the commission laid out its vision for 2030 to empower citizens and businesses through the digital transition. the union way for the digital transformation of economy and society should encompass digital sovereignty , inclusion , equality , sustainability , resilience , security , improving quality of life , respect of citizens’ rights and aspirations and should contribute to a dynamic , resource efficient , and fair economy and society in the union , while also insuring that european citizens have the right to not partake in the digital sphere.


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


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


### (7) digital skills , basic and advanced , are essential to reinforce the collective resilience of the union’s society. digitally empowered and capable citizens will be able to take advantage of the opportunities of the digital decade. moreover , digital training and education should support a workforce in which people can acquire specialised digital skills to get quality jobs and rewarding careers in much greater numbers than today , with convergence between women and men. in addition , an essential enabler for taking advantage of the benefits of digitisation , for further technological developments and for europe’s digital leadership is a sustainable digital infrastructure for connectivity , microelectronics and the ability to process vast data. excellent and secure connectivity for everybody and everywhere in europe including in rural and remote areas40 is needed. societal needs for upload and download bandwidth are constantly growing. by 2030 , networks with gigabit speeds should become available at accessible conditions for all those who need or wish such capacity. moreover , microprocessors which are already today at the start of most of the key , strategic value chains are expected to be in even higher demand in the future , in particular the most innovative ones. climate neutral highly secure edge node guaranteeing access to data services with low latency wherever businesses are located and quantum capacity are also expected to be critical enablers. ### (7) digital skills , basic and advanced , are essential to reinforce the collective resilience of the union’s society. digitally empowered and capable citizens will be able to take advantage of the opportunities of the digital decade. moreover , digital training and education should support a workforce in which people can acquire specialised digital skills , standardized at the european level , to get quality jobs and rewarding careers in much greater numbers than today , with convergence between women and men. in order to achieve the targets set out in article 4 an european educational area in the field of digitalization should be created , the commission in cooperation with the member states should establish the right path for an uniformed , clear and comprehensive path for acquiring digital knowledge , education and skills that are recognized at the european level.


### (7) digital skills , basic and advanced , are essential to reinforce the collective resilience of the union’s society. digitally empowered and capable citizens will be able to take advantage of the opportunities of the digital decade. moreover , digital training and education should support a workforce in which people can acquire specialised digital skills to get quality jobs and rewarding careers in much greater numbers than today , with convergence between women and men. in addition , an essential enabler for taking advantage of the benefits of digitisation , for further technological developments and for europe’s digital leadership is a sustainable digital infrastructure for connectivity , microelectronics and the ability to process vast data. excellent and secure connectivity for everybody and everywhere in europe including in rural and remote areas40 is needed. societal needs for upload and download bandwidth are constantly growing. by 2030 , networks with gigabit speeds should become available at accessible conditions for all those who need or wish such capacity. moreover , microprocessors which are already today at the start of most of the key , strategic value chains are expected to be in even higher demand in the future , in particular the most innovative ones. climate neutral highly secure edge node guaranteeing access to data services with low latency wherever businesses are located and quantum capacity are also expected to be critical enablers. ### (7) digital skills , basic and advanced , are essential to reinforce the collective resilience of the union’s society , increase growth and innovation and build a fairer , more cohesive , sustainable and inclusive society. digitally empowered and capable citizens will be able to take advantage of the opportunities of the digital decade as well as to face possible threats linked to it , such as the spread of disinformation or overload of information , namely through the ability to critically approach , filter and assess information. to this end , critical thinking as well as information and media literacy should become an essential part of digital education. moreover , digital training and education should support a workforce in which people can acquire specialised digital skills to get quality jobs and rewarding careers in much greater numbers than today , with convergence between women and men. it should also foster interest in stem-related studies and future careers while at the same time help to tackle gender stereotypes in this regard. in addition , an essential enabler for taking advantage of the benefits of digitisation , for further technological developments and for europe’s digital leadership is a sustainable digital infrastructure for connectivity , microelectronics and the ability to process vast data. excellent and secure connectivity for everybody and everywhere in europe including in rural and remote areas40 is needed. societal needs for upload and download bandwidth are constantly growing. by 2030 , networks with gigabit speeds should become available at accessible conditions for all those who need or wish such capacity. moreover , microprocessors which are already today at the start of most of the key , strategic value chains are expected to be in even higher demand in the future , in particular the most innovative ones. climate neutral highly secure edge node guaranteeing access to data services with low latency wherever businesses are located and quantum capacity are also expected to be critical enablers.


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


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


### (9) democratic life and public services will also crucially depend on digital technologies and therefore they should be fully accessible for everyone , as a best–in-class digital environment providing for easy-to-use , efficient and personalised services and tools with high security and privacy standards. ### (9) democratic life and public services will also crucially depend on digital technologies and therefore they should be fully accessible for everyone , on a voluntary basis , as a best–in-class digital environment providing for easy-to-use , efficient and personalised services and tools with high security and privacy standards. the very ambitious targets in involving the population in the digital transition will not ensure the participation of all the european citizens; the senior population , disadvantaged groups , economically marginalized groups , population from the remote areas and other categories might be harder to reach and integrate in the digital evolution. the europe and commission in collaboration with the member states should do the upmost to include all in the transition while insuring that european citizens have the right to not partake in the digital sphere and services are offered at the same quality standards to those who are unable or chose not to engage in the digital environment.


### (13) the digital economy and society index (‘desi’)41 should become a part of the report on the state of the digital decade and should be used to monitor the progress towards the digital targets. this monitoring should include an analysis of the indicators measuring progress at member states’ level , national policies and initiatives aimed at reaching the objectives of this decision and the targets as well as horizontal and thematic analyses tracking the digital transformation of european economies and a ranking of member states progress therein. in particular , desi’s dimensions and indicators should be aligned with digital targets set out in this decision. for each digital target , key performance indicators (‘kpis) should be set out in implementing acts to be adopted by the commission. the kpis should be updated when necessary for continued effective monitoring and to take account of technological developments. the data collection mechanism within member states should be reinforced to present a thorough state of play on the progress towards the digital targets , as well as information on the relevant policies , programmes , and initiatives at national level. based on the reviews and where needed , the commission should prepare , in consultation with the member states , a roadmap to set out future data collection needs. . in defining the desi , the commission should rely largely on official statistics collected in different union surveys on the information society42 . the commission should use specific studies to collect data for those relevant indicators that are not measured in the union surveys. ### (13) the digital economy and society index (‘desi’)41 should become a part of the report on the state of the digital decade and should be used to monitor the progress towards the digital targets. this monitoring should include an analysis of the indicators measuring progress at member states’ level , national policies and initiatives aimed at reaching the objectives of this decision and the targets as well as horizontal and thematic analyses tracking the digital transformation of european economies and a ranking of member states progress therein. in particular , desi’s dimensions and indicators should be aligned with digital targets set out in this decision. for each digital target , key performance indicators (‘kpis) should be set out in implementing acts to be adopted by the commission. the kpis should be updated when necessary for continued effective monitoring and to take account of technological developments. member states should develop automated and simple data collection mechanisms that should be reinforced to present a thorough state of play on the progress towards the digital targets , as well as information on the relevant policies , programmes , and initiatives at national level. based on the reviews and where needed , the commission should prepare , in consultation with the member states , a roadmap to set out future data collection needs. in defining the desi , the commission should rely largely on official statistics collected in different union surveys on the information society42 . the commission should use specific studies to collect data for those relevant indicators that are not measured in the union surveys.


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


### (32) multi-country projects should be able to attract and combine , in an efficient manner , various sources of union and member states’ funding. notably , the combination of the funds from centrally managed union programme with resources committed by member states should be possible , including , under certain conditions , contributions from the recovery and resilience facility , as explained in part 3 of the commission guidance to member states on recovery and resilience plans44 , as well as contributions from european regional development and cohesion funds. whenever justified by the nature of a given multi-country project , it should also be open to contributions from entities other than the union and member states , including private contributions. ### (32) multi-country projects should be able to attract and combine , in an efficient manner , various sources of union , member states’ , and where applicable union associated countries’ funding. notably , the combination of the funds from centrally managed union programme with resources committed by member states should be possible , including , under certain conditions , contributions from the recovery and resilience facility , as explained in part 3 of the commission guidance to member states on recovery and resilience plans44 , as well as contributions from european regional development and cohesion funds. whenever justified by the nature of a given multi-country project , it should also be open to contributions from entities other than the union and member states , including private contributions.


### (32) multi-country projects should be able to attract and combine , in an efficient manner , various sources of union and member states’ funding. notably , the combination of the funds from centrally managed union programme with resources committed by member states should be possible , including , under certain conditions , contributions from the recovery and resilience facility , as explained in part 3 of the commission guidance to member states on recovery and resilience plans44 , as well as contributions from european regional development and cohesion funds. whenever justified by the nature of a given multi-country project , it should also be open to contributions from entities other than the union and member states , including private contributions. ### (32) multi-country projects should be able to attract and combine , in an efficient manner , various sources of union and member states’ , and where applicable union associated countries’ funding. notably , the combination of the funds from centrally managed union programme with resources committed by member states should be possible , including , under certain conditions , contributions from the recovery and resilience facility , as explained in part 3 of the commission guidance to member states on recovery and resilience plans44 , as well as contributions from european regional development and cohesion funds. whenever justified by the nature of a given multi-country project , it should also be open to contributions from entities other than the union and member states , including private contributions.


### promote a human-centered , inclusive , secure and open digital environment where digital technologies and services respect and enhance union principles and values; ### promote a human-centered , inclusive , accessible , secure and open digital environment where digital technologies and services respect and enhance union principles and values; and allow citizens to acquire and maintain skills through education and training in line with the first principle of the european pillar of social rights in order to empower them and allow them to prosper , specially including persons with disabilities in the work market by removing barriers to the opportunities that digital work offers for their inclusion and creating initiatives for their employment;


### promote a human-centered , inclusive , secure and open digital environment where digital technologies and services respect and enhance union principles and values; ### promote a human-centered , inclusive , secure and open digital environment where digital technologies and services respect and enhance union principles and values , and is accessible in a voluntary manner to the european citizens;


### promote a human-centered , inclusive , secure and open digital environment where digital technologies and services respect and enhance union principles and values; ### promote a human-centered , inclusive , secure , open and interoperable digital environment , where digital technologies and services respect and enhance union principles and values as well as the mydata principles;


### reinforce member states’ collective resilience and bridge the digital divide notably by promoting basic and specialised digital skills for all and fostering the development of high-performing digital education and training systems; ### reinforce member states’ collective resilience and bridge the digital divide notably by ensuring access to technology , digital tools and high-speed broadband and through the promotion of the basic and specialised digital skills for all , with a particular focus on younger and older people , disadvantaged groups , gender equality , and people from rural and remote areas , and fostering the development of high-performing digital education and training systems , including for students and people who are not in employment , education or training;


### reinforce member states’ collective resilience and bridge the digital divide notably by promoting basic and specialised digital skills for all and fostering the development of high-performing digital education and training systems; ### reinforce member states’ collective resilience and bridge the digital divide notably by promoting basic and specialised digital skills for all , with a particular focus on younger and older people , disadvantaged groups , persons with disabilities and persons who live in rural , remote and depopulated areas , and fostering the development of high-performing digital education and training systems through vocational and professional training , reskilling , upskilling and lifelong learning;


### reinforce member states’ collective resilience and bridge the digital divide notably by promoting basic and specialised digital skills for all and fostering the development of high-performing digital education and training systems; ### reinforce member states’ collective resilience and bridge the digital divide notably by promoting basic and specialised digital skills for all and fostering the development of high-performing digital education and training systems , under the european education area initiative , with special attention to teachers and trainers;


### reinforce member states’ collective resilience and bridge the digital divide notably by promoting basic and specialised digital skills for all and fostering the development of high-performing digital education and training systems; ### reinforce member states’ collective resilience and bridge the digital divide notably by promoting , basic digital skills for all as well as advanced digital skills for students and young people and fostering the development of high-performing digital education and training systems;


### reinforce member states’ collective resilience and bridge the digital divide notably by promoting basic and specialised digital skills for all and fostering the development of high-performing digital education and training systems; ### reinforce member states’ collective resilience and bridge the digital divide notably by promoting continuous opportunities for each individual , at all levels and in all fields of society , to develop basic and specialised digital skills and competences as well as by fostering the development of horizontal high-performing digital education and training systems;


### ensure digital sovereignty notably by a secure and accessible digital infrastructure capable to process vast volumes of data that enables other technological developments , supporting the competitiveness of the union's industry; ### ensure digital sovereignty notably by a high quality , secure digital infrastructure accessible throughout the european union , including in remote areas , capable to process vast volumes of data that enables other technological developments , supporting the competitiveness of the union's industry and education;


### ensure digital sovereignty notably by a secure and accessible digital infrastructure capable to process vast volumes of data that enables other technological developments , supporting the competitiveness of the union's industry; ### ensure digital sovereignty notably by a secure and accessible digital infrastructure capable to process vast volumes of data that enables other technological developments , supporting the competitiveness of the union's industry and education systems;


### ensure that democratic life , public services and health and care services are accessible online for everyone , in particular disadvantaged groups including persons with disabilities , offering inclusive , efficient and personalised services and tools with high security and privacy standards; ### ensure that democratic life , public services and health and care services are accessible online for everyone on voluntary basis , including the disadvantaged groups like persons with disabilities , offering inclusive , efficient and personalised services and tools with high security and privacy standards;


### ensure that digital infrastructures and technologies become more sustainable and energy- and resource efficient , and contribute to a sustainable circular and climate-neutral economy and society in line with the european green deal; ### ensure that digital infrastructures and technologies become more sustainable and energy- and resource efficient , and contribute to a sustainable , just and fair circular and climate-neutral economy and society with energy-efficient housing , affordable energy , and free of energy poverty , in line with the european green deal and the new european bauhaus.


### facilitate convergent conditions for investments in digital transformation throughout the union , including by strengthening the synergies between the use of union and national funds , and developing predictable regulatory approaches; ### facilitate fair and convergent conditions for investments in digital transformation throughout the union , including by strengthening the synergies between the use of union and national funds , developing predictable regulatory approaches , and by setting up an adequate framework which requires in particular large content platforms to make a fair and proportionate contribution to the cost of usage of network operators’ digital infrastructure


### (2) ‘multi-country projects’ means large scale projects facilitating the achievement of the digital targets set out in article 4 , including the union’s and member states’ financing , and meeting the requirements set out in article 12; ### (2) ‘multi-country projects’ means large scale projects facilitating the achievement of the digital targets set out in article 4 , including the union’s , member states’ and union associated countries’ financing , and meeting the requirements set out in article 12;


### at least 80% of those aged 16-74 have at least basic digital skills; ### by 2025 at least 70% , and by 2030 at least 80% of those over 8 years old have at least basic digital skills , critical thinking skills as well as skills of information and media literacy;


### at least 80% of those aged 16-74 have at least basic digital skills; ### by 2025 at least 70% ,and by 2030 at least 80% , of those aged over 8 years old have at least basic digital skills;


### all european households are covered by a gigabit network , with all populated areas covered by 5g; ### all european households and educational institutions are covered by a gigabit network , with all populated areas covered by 5g;


### 100% of union citizens have access to their medical records (electronic health records (ehr)); ### 100% of union citizens have access to their medical records (electronic health records (ehr)) and can easily make their records available for both primary (healthcare) and secondary(research etc.) use anywhere in the union , using appropriate anonymisation techniques where relevant;


### at least 80% of union citizens use a digital identification (id) solution. ### 100% of union citizens have access to a digital identification (id) solution recognised throughout the union and ensuring the users’ full control of their personal data


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


### ensure the consistency , comparability and completeness of the monitoring and reporting by the union. ### ensure the consistency , comparability and completeness of the monitoring and reporting by the member states and by the union.


### interactions between and consistency of existing and planned policies , measures and actions. ### interactions between and consistency of existing and planned policies , measures and actions including the state of play of multi-country projects in the digital sector.


### (4) in addition , where the commission concludes that national measures are insufficient and put at risk the timely achievement of the objectives and digital targets set out in this decision , it may propose measures as appropriate and exercise its powers under the treaties in order to ensure the collective achievement of those objectives and targets. ### (4) in addition , where the commission concludes that national measures are insufficient and put at risk the timely achievement of the objectives and digital targets set out in this decision , it may propose measures as appropriate and exercise its powers under the treaties in order to ensure the collective achievement of those objectives and targets. the commission may also propose multi-country projects in order to achieve the difficult targets and objectives , or if some measures would benefit from a coordinated approach.


### (1) in order to tackle unfair commercial practices which prevent consumers from making sustainable consumption choices , such as practices associated with the early obsolescence of goods , misleading environmental claims (“greenwashing”) , non-transparent and non-credible sustainability labels or sustainability information tools , specific rules should be introduced in union consumer law. this would enable national competent bodies to address those practices effectively. by ensuring that environmental claims are fair , consumers will be able to choose products that are genuinely better for the environment than competing products. this will encourage competition towards more environmentally sustainable products , thus reducing negative impact on the environment. ### (1) in order to tackle unfair commercial practices which prevent consumers from making sustainable consumption choices , such as practices associated with the early obsolescence of goods , misleading environmental claims (“greenwashing”) , non-transparent and non-credible sustainability labels or sustainability information tools , specific rules should be introduced in union consumer law. this would enable national competent bodies to address those practices effectively. by ensuring that environmental claims are fair and credible , consumers will be able to choose products that are genuinely better for the environment than competing products. this will encourage competition towards more environmentally sustainable products , thus reducing negative impact on the environment.


### (1) in order to tackle unfair commercial practices which prevent consumers from making sustainable consumption choices , such as practices associated with the early obsolescence of goods , misleading environmental claims (“greenwashing”) , non-transparent and non-credible sustainability labels or sustainability information tools , specific rules should be introduced in union consumer law. this would enable national competent bodies to address those practices effectively. by ensuring that environmental claims are fair , consumers will be able to choose products that are genuinely better for the environment than competing products. this will encourage competition towards more environmentally sustainable products , thus reducing negative impact on the environment. ### (1) in order to tackle unfair commercial practices which prevent consumers from making sustainable consumption choices , such as practices associated with the early obsolescence of goods , misleading environmental claims (“greenwashing”) , non-transparent and non-credible sustainability labels or sustainability information tools , specific rules should be introduced in union consumer law. this would enable national competent bodies to address those practices effectively. by ensuring that environmental claims are fair , clear and understandable , consumers will be able to choose products that are genuinely better for the environment than competing products. this will encourage competition towards more environmentally sustainable products , thus reducing negative impact on the environment.


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


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


### (7) the displaying of sustainability labels which are not based on a certification scheme or not established by public authorities should be prohibited by including such practices in the list in annex i to directive 2005/29/ec. the certification scheme should fulfil minimum transparency and credibility conditions. the displaying of sustainability labels remains possible without a certification scheme where such labels are established by a public authority , or in case of additional forms of expression and presentation of food in accordance with article 35 of regulation (eu) no 1169/2011. this rule complements point 4 of annex i to directive 2005/29/ec which prohibits claiming that a trader , the commercial practices of a trader , or a product has been approved , endorsed or authorised by a public or private body when it has not , or making such a claim without complying with the terms of the approval , endorsement or authorisation. ### (7) the displaying of sustainability labels or sustainability information tools which were not pre-approved by a national authority or a union authority should be prohibited by including such practices in the list in annex i to directive 2005/29/ec. pre-approval of a sustainability label or a sustainability information tool , by a national authority or a union authority , should be subject to the mutual recognition by all member states and require conformity with the minimum requirements , such as: award criteria publicly available , developed in independent process and going beyond to what is required by union legislation , impartial control procedure with third party verification , transparency of the scheme owner , accessibility to all market players , procedural transparency for consumers , outcome transparency for consumers , scientific robustness and stakeholder relevance , compliant and dispute resolution mechanisms put in place and periodic revision of the award criteria. if a label or a sustainability information tool is focused on one environmental aspect , this should be clearly and prominently communicated to consumers. for the sake of transparency , all pre-approved sustainability labels and sustainability information tools should be included in a publicly available register , updated regularly by the national authority and the union authority. sustainability labels established by public authorities should be exempted from the pre-approval requirement. this rule complements point 4 of annex i to directive 2005/29/ec which prohibits claiming that a trader , the commercial practices of a trader , or a product has been approved , endorsed or authorised by a public or private body when it has not , or making such a claim without complying with the terms of the approval , endorsement or authorisation.


### (22) in order for consumers to take better informed decisions and stimulate the demand for , and the supply of , more durable goods , specific information about a product’s durability and reparability should be provided for all types of goods before concluding the contract. moreover , as regards goods with digital elements , digital content and digital services , consumers should be informed about the period of time during which free software updates are available. therefore , directive 2011/83/eu of the european parliament and of the council27 should be amended to provide consumers with pre-contractual information about durability , reparability and the availability of updates. information should be provided to consumers in a clear and comprehensible manner and in line with the accessibility requirements of directive 2019/88228 . the obligation to provide this information to consumers complements and does not affect the rights of consumers provided in directives (eu) 2019/77029 and (eu) 2019/77130 of the european parliament and of the council. ### (22) in order for consumers to take better informed decisions and stimulate the demand for , and the supply of , more durable goods , specific information about a product’s durability and reparability should be provided for all types of goods before concluding the contract. moreover , as regards goods with digital elements , digital content and digital services , consumers should be informed about the period of time during which free software updates are available , including both security and other , functionality or features updates , which should be provided independently. therefore , directive 2011/83/eu of the european parliament and of the council27 should be amended to provide consumers with pre-contractual information about durability , reparability and the availability of updates. information should be provided to consumers in a clear and comprehensible manner and in line with the accessibility requirements of directive 2019/88228 . the obligation to provide this information to consumers complements and does not affect the rights of consumers provided in directives (eu) 2019/77029 and (eu) 2019/77130 of the european parliament and of the council.


### (24) the problem of limited durability contrary to consumer expectations is most relevant for energy-using goods , which are goods that function from an external energy source. consumers are also most interested in receiving information about the expected durability of this category of goods. for these reasons , only for this category of goods , consumers should be made aware that the information about the existence of a producer’s commercial guarantee of durability of more than two years has not been provided by the producer. ### deleted


### (25) goods containing energy-using components , where those components are mere accessories and do not contribute to the main function of those goods , such as decorative lighting for clothing or footwear or electric light for a bicycle , should not be classified as energy-using goods. ### deleted


### (29) to promote competition between producers as regards the durability of goods with digital elements the traders selling those goods should inform consumers about the minimum period of time during which the producer commits to provide software updates for such goods. however , to avoid overloading consumers with information , such information should only be provided when this period is longer than the period of the producer’s commercial guarantee of durability , as that guarantee entails the provision of updates , including security updates , that are necessary to maintain the required functions and performance of goods with digital elements. furthermore , information about the producer’s commitment to provide software updates is relevant only where the sales contract regarding goods with digital elements provides for a single act of supply of the digital content or digital service in respect of which article 7(3) , point (a) , of directive (eu) 2019/771 applies. in contrast , there should be no new obligation to provide that information where the sales contract provides for a continuous supply of the digital content or digital service over a period of time , since for those contracts article 7(3) , point (b) , of directive (eu) 2019/771 specifies , by reference to article 10 (2) or (5) , the period of time during which the seller is to ensure that the consumer is informed of and supplied with updates. ### (29) to promote competition between producers as regards the durability of goods with digital elements the traders selling those goods should inform consumers about the minimum period of time during which the producer will provide software updates for such goods including , as a minimum , the mandatory period for which the updates shall be provided in accordance with directive (eu) 2019/771.


### (30) likewise , traders offering digital content and digital services should also inform consumers about the minimum period during which the provider of the digital content or digital service , where the provider is different from the trader , commits to provide software updates , including security updates , necessary to keep the digital content and digital services in conformity. information about the provider’s commitment to provide software updates is relevant only where the contract provides for a single act of supply or a series of individual acts of supply in respect of which article 8(2) , point (b) , of directive 2019/770 applies. in contrast , there should be no new obligation to provide that information where the contract provides for a continuous supply over a period of time , since for these contracts article 8(2) , point (a) of directive (eu) 2019/770 specifies the period of time during which the trader is to ensure that the consumer is informed of and supplied with updates. ### (30) likewise , traders offering digital content and digital services should also inform consumers about the minimum period of time during which the producer will provide software updates for such goods including , as a minimum , the mandatory period for which the updates shall be provided in accordance with directive (eu) 2019/770.


### (31) to allow consumers to make an informed transactional decision and choose goods that are easier to repair , traders should provide , before the conclusion of the contract , for all types of goods , where applicable , the reparability score of the good as provided by the producer in accordance with union law. ### (31) to allow consumers to make an informed transactional decision and choose goods that are easier to repair , traders should provide , before the conclusion of the contract , for all types of goods , where applicable , the reparability score of the good as provided by the producer in accordance with union or national law. in line with directive 2005/29/ec and directive 2011/83/eu , this provision should not apply to business-to-business and consumers-to-consumers transactions.


### ‘explicit environmental claim’ means an environmental claim that is in textual form or contained in a sustainability label; ### deleted


### ‘generic environmental claim’ means any explicit environmental claim , not contained in a sustainability label , where the specification of the claim is not provided in clear and prominent terms on the same medium; ### ‘generic environmental claim’ means any environmental claim , not contained in a sustainability label , where the specification of the claim is not provided in clear and prominent terms on the same medium;


### ‘certification scheme’ means a third-party verification scheme that is open under transparent , fair and non-discriminatory terms to all traders willing and able to comply with the scheme’s requirements , which certifies that a product complies with certain requirements , and for which the monitoring of compliance is objective , based on international , union or national standards and procedures and carried out by a party independent from both the scheme owner and the trader; ### ‘certification scheme’ means a third-party verification scheme that is open under transparent , fair and non-discriminatory terms to all traders willing and able to comply with the scheme’s requirements , which certifies that a product , a process , or a business complies with certain requirements , and for which the monitoring of compliance is objective , based on international , union or national standards and procedures taking into account the nature of the products , processes , or businesses concerned and carried out by a party independent from both the scheme owner and the trader;


### ‘certification scheme’ means a third-party verification scheme that is open under transparent , fair and non-discriminatory terms to all traders willing and able to comply with the scheme’s requirements , which certifies that a product complies with certain requirements , and for which the monitoring of compliance is objective , based on international , union or national standards and procedures and carried out by a party independent from both the scheme owner and the trader; ### ‘certification scheme’ means a third-party verification scheme that is scientifically based , verifiable , transparent and carried out by an independent party which certifies that a product complies with certain requirements , and for which the monitoring of compliance is objective , based on international , union or national standards and procedures , or is evaluated by a well-established and reputable non-governmental organisation.


### ‘software update’ means a free update , including a security update , that is necessary to keep goods with digital elements , digital content and digital services in conformity in accordance with directives (eu) 2019/770 and (eu) 2019/771; ### ‘software update’ means a free update , either a security update , or any other functionality or feature update , that is necessary to keep goods with digital elements , digital content and digital services in conformity in accordance with directives (eu) 2019/770 and (eu) 2019/771 or which improves or reduces their durability;