COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS Establishing a European Declaration on Digital rights and principles for the Digital Decade
Date: 2022-01-26
Institutions: Directorate-General for Communications Networks, Content and Technology, European Commission
Subjects: artificial intelligence, consumer protection, data protection, digital literacy, digital single market, digital transformation, fundamental rights, information security, innovation, sustainable development

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   EUROPEAN COMMISSION  Brussels, 26.1.2022  COM(2022) 27 final  COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS Establishing a European Declaration on Digital rights and principles for the Digital Decade {SWD(2022) 14 final}  
 
 
“We believe in a human-centred digital transition.  This is about who we want to be, as Europeans. To 
capture this better, we will formulate a set of digital principles. Such as access for all to the Internet; a 
secure  online  space;  the  right  to  learn  digital  skills;  algorithms  that  respect  people;  the  protection  of 
children  online.  These  important  principles  will  complement  the  legal  rights  that  already  protect 
Europeans online like the protection of personal data or the freedom of expression.” 

President Ursula von der Leyen, Leading the Digital Decade,  
Sines, 1 June 2021 

1.  Introduction 

Putting  people  at  the  centre  of  the  digital  transition  is  a  key  priority  for  the  European 
Commission. The digital transformation should be shaped according to our European values and 
laws.  

Today,  the  Commission  is  proposing  to  define  a  set  of  principles  for  such  a  human-centred 
digital  transformation.  This  European  Declaration  on  Digital  Rights  and  Principles 
(hereinafter  the  “Declaration”)  would  set  out  shared  political  intentions  to  citizens,  businesses, 
public administrations and policy-makers. The digital principles included in the Declaration are 
intended as essential concepts, based on common European values, and serving as guidance for a 
human-centred, secure, inclusive, and open digital environment, where no one is left behind. The 
aim  is  to  ensure  that  the  values  of  the  Union  and  the  rights  and  freedoms  of  individuals  as 
guaranteed by Union law are respected and reinforced both offline and online.  

The Declaration will take the form of a joint solemn declaration  to be signed by the European 
Parliament,  the  Council,  and  the  Commission.  The  present  Communication  accompanies  the 
proposed draft for such a Joint Declaration.. 

This Declaration responds to the calls from the European Parliament to ensure full compliance of 
the  EU’s  approach  to  digital  transformation  with  fundamental  rights,  including  data  protection 
rules and equal treatment, principles such as technological and net neutrality, inclusiveness,1 as 
well as to enhance digital skills and competences and foster a high-performing digital education 
ecosystem2.  It  also  takes  into  account  the  Parliament’s  invitation  to  protect  users’  rights  in  the 
digital environment,3 ensure media freedom and combat disinformation4.   

In  the  2020  Berlin  Declaration  on  Digital  Society  and  Value-Based  Digital  Government,  the 
Council  stated  that  everyone  should  be  able  to  seize  the  opportunities  offered  by  the  digital 
transformation. Through the Lisbon Declaration (Lisbon Declaration - Digital Democracy with a 
Purpose)  presented  at  the  June  2021  Digital  Assembly,  it  further  called  for  a  model  of  digital 
transformation  that strengthens the human dimension of the digital  ecosystem, with  the Digital 

1 (2020/2216(INI) 
2 2020/2135(INI) 
3 Ref. 2020/2018(INL); 2020/2019(INL); 2020/2022(INI); 2020/2012(INL); 2020/2014(INL); 2020/2015(INI); 

2020/2017(INI), 2020/2216(INI), 2019/2181(INL) 

4 2020/2009(INI) 

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Single Market as its core. The Council also called for a digital transition that builds bridges with 
the green transition towards a climate-neutral and sustainable future.  

Since the first announcements of this initiative in its Digital Compass Communication in March 
last year5, the Commission has been actively engaging with citizens and interested parties to 
hear their views. These consultation activities have helped to shape the proposed Declaration.  

This Communication also outlines the way forward for monitoring the measures and action 
taken  to  put  the  Declaration  into  practice.  The  Declaration  is  closely  linked  to  and 
complements the proposal for the “Path to the Digital Decade” which was adopted in September 
2021 and sets out the broader digital targets and the path to achieve them. As set out in the Path 
to  the  Digital  Decade  proposal,  an  effective  monitoring  of  the  principles  enshrined  in  the 
Declaration  will  be  presented  annually,  together  with  a  yearly  Eurobarometer  on  the  European 
citizens’  perception  of  the  actions  and  measures  taken.  This  will  ensure  transparency,  monitor 
trends and performance across Member States and inform policy guidance in any possible future 
legislation in the areas covered by the principles enshrined in the Declaration. 

2.  The rationale behind the European Declaration on Digital Rights and Principles 

Digital  technologies  are  transforming  every  aspect  of  our  lives,  offering  unprecedented 
opportunities.  Working, 
learning,  socialising,  entertaining,  shopping,  accessing  public 
administration,  healthcare  or  culture  increasingly  happen  via  digital  means.  The  COVID-19 
pandemic has radically changed the role and perception of digital in our societies and economies, 
and has accelerated its pace.  

Emerging  technological  breakthroughs  in  fields  such  as  artificial  intelligence,  data 
analytics,  robotics,  the  Internet  of  Things  and  their  integration  into  business  models  and 
everyday services and products have  helped to transform the way the economy and society are 
organised.  The  increased  pace  of  the  digital  transformation  has  generated  major  innovations, 
offering new tools to address global societal challenges and to improve the efficiency of private 
and public services. At the same time, it has facilitated access to education  and training and to 
information resources and opened new spaces of public discourse. The widespread  adoption of 
digital  technologies  has  enhanced  our  freedom,  connecting  even  the  most  remote  locations, 
creating new opportunities for citizens, for workers and consumers; for businesses to be created 
and  prosper;  for  communities  to  thrive;  for  the  inclusion  of  disadvantaged  groups;  and  for  our 
society to advance as a whole. 

While the COVID-19 pandemic has accelerated the pace of this transformation, it has also 
increased  the  digital  divide  across  the  European  Union,  not  only  between  well-connected 
urban areas and rural and remote territories, but also between those who can fully benefit from 

5 “2030 Digital Compass: the European way for the Digital Decade” COM(2021) 118 final, 9.3.2021 

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an  enriched,  accessible,  interoperable  and  secure  digital  environment,  and  those  who  cannot. 
More than ever, poor access to connectivity and Internet services, but also limited opportunities 
to acquire digital skills and understanding of digital technologies are major risks to the cohesion 
of  today’s  society.  The  COVID-19  pandemic  has  demonstrated  how  vital  it  is  that  all  actors 
including institutions such as administrations, research, education and training institutions 
and healthcare facilities be ready for the digital society, in particular to ensure inclusiveness 
and support of vulnerable people, elderly, children and people with disabilities, so that they can 
benefit fully from the digital transformation. 

Furthermore, the  burgeoning  availability of new digital technologies  and data  also  comes 
with  undesirable  risks  that  can  have  far-reaching  effects  for  citizens,  our  democratic 
values, our security, or the fundaments of our societies. These risks have grown significantly, 
including  with  regard  to  privacy  and  personal  data  breaches,  the  spread  of  illegal  and  harmful 
content and unsafe products as well as disinformation, cybercrime and cyberattacks, exploitation 
and  abuse  of  human  beings,  including  of  children,  mass  surveillance,  algorithmic  biases 
hindering  fair  and  non-discriminatory  access  to  information  and  democratic  debate  and  even 
outright censorship. Such problems go to the heart of the fundamental rights and undermine the 
hard-fought progress made in this field both in the European Union and internationally.  

People  and  businesses  do  not  enjoy  fewer  rights,  nor  are  they  less  protected,  when 
interacting  with  the  digital  environment  compared  to  the  offline  world.  The  digital 
transformation  does  not  justify  exceptions  to  the  rights  and  freedoms  that  the  Union  citizens 
enjoy under EU law. Rather, it should aim at the reinforcement of those rights and freedoms. The 
Union is committed to empowering all Europeans to benefit fully from the opportunities brought 
by the digital transformation, regardless of their age, gender, abilities, condition, or geographical 
location  and  has  taken  both  corrective  and  preventive  actions  by  adopting  the  necessary 
regulations and policy measures in all of these areas in recent years. However, as technological 
solutions affecting our lives become increasingly intertwined, pervasive and complex, it becomes 
increasingly urgent to step up efforts for achieving an open, fair and equal access to digital tools, 
services, infrastructures and skills which can ultimately strengthen our democracies.   

As  explained  in  the  2030  Digital  Compass,  the  Union  has  a  vision  for  a  digitally 
transformed Europe of 2030 in line with European values.  It  embraces  empowered citizens 
and  innovative  businesses  in  a  human-centred,  inclusive,  prosperous  and  sustainable  digital 
society. The recently adopted “Path to the Digital Decade” aims at further reinforcing our digital 
leadership  and  empowering  citizens  and  businesses,  thus  making  the  digital  transformation  the 
engine of sustainable economic growth, and social well-being in Europe. That will be achieved 
in particular by extending high-performance broadband access for all citizens including in rural 
and remote areas, by building up digital skills and competences for the workforce to enable them 
to fully participate in the digital economy, by digitalising businesses and public services, and by 
making the latter more efficient and easy to use to the benefit of everyone in our society. Secure 

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cyberspace  also  creates  greater  trust  among  people  in  digital  tools  and  services.  It  allows  to 
preserve  freedom  of  expression  and  information,  including  media  freedom  and  pluralism. 
Finally, in line with the twin digital and green transition, the digital transformation will also aim 
to harness the power of technology to take climate action, protect biodiversity and restore nature, 
in  line  with  the  European  Green  Deal,  the  UN  Sustainable  Development  goals  and  the  Paris 
Agreement. 

It is against such background that, responding to calls from the European Parliament and 
the  Council,  the  European  Commission  is  proposing  to  define  a  set  of  principles  that  will 
serve as a guidance for a sustainable, human-centric and value-based digital transformation. 

In  this  context,  the  Declaration  puts  forward  digital  principles,  to  serve  all  Europeans, 
along the following lines in particular: putting people at the centre of the digital transformation; 
solidarity  and  inclusion;  freedom  of  choice;  participation  in  the  digital  public  space;  safety, 
security and empowerment; and sustainability.  

In turn, the Declaration should also serve as a reference for both public and private actors when 
developing and deploying new technology. And it should guide policy makers in a joint effort to 
define the European way to a sustainable, human-centred, inclusive digital world, and to firmly 
anchor EU policy interventions to that end. The Declaration has the potential to become a global 
benchmark  for  many  emerging  societal  and  ethical  questions  that  the  digital  transformation 
brings.  The  same  principles  will  be  at  the  core  of  EU  actions  towards  its  partners  and  in  the 
framework of international organisations. 

The  proposed  Declaration  builds  on  previous  initiatives  from  Member  States  and  from  the 
European Parliament, and benefits from numerous contributions gathered during the public 
consultation.  Following  the  consultation,  a  number  of  principles  were  refined  as  compared  to 
the preliminary set of principles presented in the public consultation.  

Public consultation on a set of European digital principles  

Between 12 May and 6 September 2021, the Commission carried out a public consultation to 
gather  views  on  the  formulation  of  European  digital  principles  to  promote  and  uphold  EU 
values in the digital space.  

The public consultation was promoted during the event “Leading the Digital Decade” on 1-2 
June, on the digital platform of  the Conference on the future of  Europe as well as on social 
media  accounts.  The  main  objective  of  the  consultation  was  to  collect  the  views  of  all 
interested  stakeholders  including  Member  States,  regional  and  local  authorities,  non-
governmental  and  civil  society  organisations,  business  associations  and  companies,  other 
interested parties, and, of course,  citizens.   

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This marked the opening of a broad consultation exercise, including participatory workshops 
and targeted interviews, a Eurobarometer survey to gather views across Member States, and 
different age groups, with a particular focus on children and young people and different social 
backgrounds.  

Overall,  the  consultations  showed  broad  support  for  a  European  Declaration  on  Digital 
Rights  and  Principles  as  well  as  on  the  first  set  of  principles  outlined  in  the  open  public 
consultation,  highlighting  the  importance  of  some  of  them  over  the  others  and  with  some 
respondents  stressing  the  need  for  additional  principles.  The  responses  to  the  different 
consultation activities have guided the design of the Declaration presented today. 

A  more  detailed  summary  of  the  consultation  is  presented  in  the  Staff  Working  Document 
published alongside this Communication. 

3.  The political nature of the Declaration on Digital Rights and Principles 

The set of digital principles that should shape Europe’s digital society is proposed in the form of 
a joint solemn declaration of the European Parliament, the Council and the Commission. The 
draft  Declaration,  as  provided  in  the  annex,  is  meant  as  a  proposal  to  be  discussed  with  the 
European Parliament and the Council, with a view to being signed by all three institutions.  

The Declaration notably builds on primary EU law, in particular the Treaty on the European 
Union (TEU), the Treaty on the Functioning of the European Union (TFEU), the EU Charter of 
Fundamental Rights and the case-law of the Court of Justice of the European Union, as well as 
on secondary EU law.   

These  principles  do  not  affect  the  legal  rights  that  already  protect  people  online  within  the 
European  Union,  and  for  which  effective  remedies  must  exist  across  the  Union.  Nor  do  they 
affect  lawful  limits  on  the  exercise  of  such  legal  rights,  in  order  to  reconcile  them  with  the 
exercise of other rights, or necessary and proportionate restrictions in the public interest. When 
implemented  through  policy  initiatives,  such  principles  will  be  applied  together  with  existing 
rights and principles and for the overall public interest. 

4.  Follow-up at EU and global level 

Endorsing the European Declaration on Digital Rights and Principles  

The  Commission  proposes  the  European  Declaration  on  Digital  Rights  and  Principles  to  be 
solemnly  signed  jointly  by  the  three  EU  Institutions  concerned.  Together  with  the  European 

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Parliament  and  the  Council,  the  Commission  will  facilitate  the  discussion  on  the  basis  of  the 
draft Declaration presented today.  

Current and future EU legislation and actions 

Given  the  political  nature  of  the  Declaration,  not  all  principles  correspond  to  rights  that  are 
directly enforceable: some are already laid down in legislation, others may require further action, 
at  the  appropriate  level.  The  Declaration  must  be  read  in  conjunction  with  EU  legal  acts  and 
instruments, and is without prejudice to them. 

In fact, the Commission has already made a number of regulatory proposals and has put forward 
policy initiatives in the areas covered by the digital principles as set out in the draft Declaration. 
Together  with  the  European  Parliament  and  the  Council,  the  Commission  intends  to  continue 
pursuing,  whenever  needed,  actions  and  initiatives  putting  into  practice  the  digital  principles 
shaping the digital transformation6.  

Monitoring and review 

The principles  enshrined in  the Declaration are of interest  to  citizens, public authorities, social 
partners and civil  society  at  all levels. They  are also  relevant  to  businesses, both  in  the role as 
users of digital services as well as of active players bearing responsibility in the digital space.. 

The Commission will foster communication and engagement activities with Member States and 
all relevant actors to ensure awareness and shared commitment to the principles enshrined in the 
Declaration.  

For this initiative to be successful, it is important that the manner in which the digital principles 
will be put into practice is effectively monitored. The Commission proposal for a Decision on the 
Path to the Digital Decade provides that Member States share with the Commission in a timely 
manner  the  necessary  information  required  for  the  effective  monitoring  of  the  progress  in  the 
follow-up on the principles enshrined in the Declaration. Furthermore, the Commission proposal 
sets  out  that  an  annual  report  on  “The  State  of  the  Digital  Decade”  would  assess  the  state  of 
measures following up on the principles enshrined in the Declaration. The Commission will then 
share  its  strategic  assessment  of  the  EU’s  digital  transformation  with  Council  and  Parliament, 
and would provide recommended actions and measures to Member States and / or discuss joint 
commitments undertaken between the Commission and the Member States. 

The  Commission  will  also  enhance  the  cooperation  with  the  Member  States  and  all  relevant 
actors  on  all  EU  relevant  rules,  including  those  laid  down  in  the  legislation  mentioned  above, 
focusing  on  their  transposition  (as  the  case  may  be)  and  implementation,  and  sharing  best 
practices.  A  closer  and  regular  dialogue  with  Member  States  can  facilitate  the  timely  adoption 

6 In that respect, any action requiring a financial contribution from the EU budget will be accommodated within the 
envelopes agreed for 2021-2027 of the spending programmes concerned, and within the agreed staff resources. 

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and  (as  the  case  may  be)  transposition  of  EU  legal  instruments  as  well  improve  the  quality  of 
their implementation, thus avoiding the need to resort to infringement proceedings later on.  

Moreover,  the  Commission  will  conduct  a  Eurobarometer  survey  to  monitor  the  follow-up 
measures  in  the  Member  States  on  an  annual  basis.  The  Eurobarometer  will  collect  qualitative 
data,  based  on  citizens’  perception  of  how  the  digital  principles  are  put  into  practice  in  the 
various Member States.  

The  Commission  will  evaluate  the  need  to  review  over  time  any  of  the  principles  in  view  of 
technological  evolution  and  if  necessary  come  forward  with  a  proposal  to  the  European 
Parliament and the Council to this effect. 

Promoting the European Declaration on Digital Rights and Principles worldwide 

The EU has  always  been at  the forefront  of the  promotion of fundamental  rights  on the global 
stage, including at the United Nations. The EU is in a position to retain this role as responsible 
global  leader  of  a  human-centred  and  value-based  approach  model  in  the  digital  age.  The 
Declaration will be a guiding tool also for EU diplomatic action and will shape our partnerships 
and discussions with our international partners.  

5.  Conclusion and way forward 

With  this  Declaration  on  Digital  Rights  and  Principles,  the  Commission  puts  forward  both  a 
reference framework for people and a guide for businesses and policy makers, with the aim of 
placing people at the centre of digital transformation.   

The  Member  States,  including  their  public  authorities,  all  interested  parties,  civil  society  at  all 
levels and the EU Institutions share a common responsibility to work for a human-centred digital 
transformation. 

The  Commission  will  continue  to  work  very  closely  with  the  European  Parliament  and  the 
Council to facilitate the signature of this Declaration as early as possible in 2022. 

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