49 Amendments of Maria da Graça CARVALHO related to 2020/2217(INI)
Amendment 4 #
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s intention to create a genuine single market for data as it will be the backbone of Europe’s data economy; considers that ensuring trust in digital services and in smart products is fundamental for the digital single market to grow and thrive and should be at the heart of both public policy and business models; underlines that that the creation of a single market for data is not an objective per se, but it should allow European companies and citizens to develop and benefit from innovative and competitive services and products;
Amendment 5 #
Motion for a resolution
Citation 29 a (new)
Citation 29 a (new)
- having regard to the Joint Declaration of Member States on Building the next generation cloud for businesses and the public sector in the EU, 2020
Amendment 8 #
Motion for a resolution
Citation 29 b (new)
Citation 29 b (new)
- having regard to the Final report prepared by the High-Level Expert Group on Business-to-Government Data Sharing, 2020
Amendment 13 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas digitalisation is not only an economic opportunity but also enhances security, geopolitical resilience and strategic relevance of the Union;
Amendment 24 #
Draft opinion
Paragraph 2
Paragraph 2
2. Urges the Commission to empower consumers to put them in control of their data and to ensure that the single market for data is grounded in European valueWay of Life's common values such as protection of fundamental rights and fairness in competition; believes that citizens’ data could help in developing innovative green solutionmore sustainable solutions for products and services that would benefit European consumers and companies; asks the Commission to consider how to supportpromote data altruism in full compliance with European legislation;
Amendment 24 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Amendment 32 #
Motion for a resolution
Recital C
Recital C
C. whereas the Union must urgently take action to reap the benefits of data by building an competitive, innovation- friendly, ethically sustainable, human- centric, trustworthy and secure data society and economy that respects human rights and democracy;
Amendment 40 #
Motion for a resolution
Recital D
Recital D
D. whereas all uses of personal data should be consistent with the General Data Protection Regulation and the e-Privacy Directive; and whereas there are non personal or public sector data respectively consistent with Regulation on Free Flow of non-personal Data and Open Data Directive;
Amendment 44 #
Draft opinion
Paragraph 3
Paragraph 3
3. Highlights the need to create a singlecommon European data spaces with the aim of ensuring the free flow of non- personal data across borders and sectors; believes furthermore that the framework for the governance of common European data spaces should be built on the principles laid down in the Regulation on free flow of non-personal data; underlines the principle of the free flow of non- personal data as imperative for a single market for data, providing a level playing field for data sharing between stakeholders, taking into account in particular EU SMEs’ needs and allowing them to scale up and operate cross-border in the internal market; considers that business- to-business (B2B) and business-to- government (B2G) data sharing should be voluntary, while mandatory access to data should also be envisaged to remedy potential market failures;
Amendment 52 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Believes that mandatory access to data should also be envisaged to remedy potential market failures and considers in this regard that detailed provisions should be laid down in the upcoming Digital Markets Act; underlines that the proposal for a Digital Market Act should lay down provisions according to which economic entities considered as gatekeepers in the internal market should be required to contribute to data sharing with the relevant stakeholders;
Amendment 63 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission communication entitled ‘A European strategy for data’; believes that it is a prerequisite for the viability of European industries and nascent AI, and a vital step towards a democratic data society, which will bring better services, growth and jobs; underlines the importance to avoid protectionism and to allow access to data spaces to non-EU stakeholders, strictly complying with EU privacy, data protection, cybersecurity standards and rules;
Amendment 64 #
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Highlights that the Data Act should lay down provisions for the use of high quality and reliable datasets that are essential for the creation of a well- functioning single European data space and as well as for helping the EU companies to develop high quality products and services across the internal market;
Amendment 70 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Believes that the free flow of data across borders is critical to seize all the potential of the data economy and stresses that preserving the flow of data must remain a foundation of Europe’s values and objectives;
Amendment 73 #
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Calls on the Commission to ensure consistency between the Data Act and the framework for the governance of common European data spaces, on the one hand, and the proposals under the Digital Services Act package on the other;
Amendment 74 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that the COVID-19 crisis highlights the role of real-time data sharing and the need for interoperability of solutions across Member States; stresses the need to accelerate the establishment of sectoral data spaces, as well as the deployment of data infrastructures, tools and computing capacity, in particular Common European Health Data Space by supporting the development of national electronic health records and interoperability of health data;
Amendment 84 #
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines the need to improve access to European cloud services and to address interoperability issues, including codes of conduct, certification and standards, in a ‘cloud rulebook’; calls on the Commission to facilitate safe common European data spaces, based on a trustworthy and secure infrastructure with strong cybersecurity tools; considers proportionality to be the guiding principle for data quality and interoperability requirements; calls on the Commission to consider promoting existing standards to avoid unnecessary transaction costs and to provide high quality standards for sectors and data spaces of high importance for significant societal challenges.;
Amendment 100 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Believes that achieving the goals of the Data Strategy shall not create market distortions within the Union; underlines that future legislation must be designed to facilitate technological development, innovation, data access, interoperability and data portability;
Amendment 109 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that a well-built data society benefits all, empowers workers, start-ups and SMEs, creates quality employment, facilitates economic growth and innovation, instead of lowering their working conditions, and does not lead to inequality or digital gaps;
Amendment 114 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that the increasing volume, development, storage and processing of industrial and public data in the Union is a source of growth and innovation that should be tapped; believes that this growth can be enhanced via a level playing field and strong multi-player fair market economy, which fully respects the technological-neutrality principle;
Amendment 119 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Highlights the role of European start-ups, SMEs in creation of economic growth and jobs, as well as the current market imbalances in access to data;
Amendment 123 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that the Union’s data strategy must support economic growth, innovation sustainability, the Green Deal and Union’s climate targets, as well as the resilient recovery of the European economy;
Amendment 129 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Urges the Commission to perform in advance an in-depth evaluation and mapping of the existing legislation covering data sharing aspects; assess if adjustments or additional requirements are needed to support the European data economy and safeguard fair competition for all affected actors, while avoiding legal overlaps with existing and new legislation on the EU Data Strategy;
Amendment 134 #
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Notes that European companies operating in some third countries are increasingly faced with unjustified barriers and digital restrictions; welcomes the Commission’s commitment to address, in bilateral discussions and international fora, including the WTO, and in EU Trade Policy, unjustified obstacles to international data flows;
Amendment 136 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Supports the creation of a data governance framework for common European data spaces, covering interoperability, sharing, access and portability of data, to enhance the flow and reuse of industrial and public data; stresses that data portability principle should take into account differences in IT providers' infrastructures and practices, enabling users to port their data, noting that infrastructure and practises might change from one provider to another;
Amendment 151 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Insists that the data governance model must be built on a decentralised data operating environment accessible to all market participants, both commercial and non-commercial, including start-ups and SMEs, enabling an ecosystem where data can be accessed and used in a trusted, safe and secure environment; insists that cybersecurity standards shall be coordinated with EU ENISA and the EU Cybersecurity Competence Centre;
Amendment 158 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls for the creation of a Commission-led body that would setHigh Level Expert Group that helps the set up of common Union- wide guidelines on data governance; calls for citizens, civil society, public bodies and businesses to be adequately represented in the governance of data spaces; stresses the importance of coordination of all regulators involved in the data economy;
Amendment 163 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Urges the Commission and Member States to build interoperable sectoral data spaces that follow common guidelines and data sharing protocols, in order to avoid creating silos and preventing cross-sectoral innovations;
Amendment 169 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Encourages the Commission to use data spaces to enhance trust, create common market-led standards and build well-formed application programming interfaces (APIs), and to consider using pre-agreed sandboxes to test innovationlong with robust authentification mechanism, and to use pre-agreed sandboxes to test innovations; calls the Commission to present a guidance for data usage procedures in order to increase the legal certainty for private and public actors of all sizes;
Amendment 178 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes the need to help private and public sector actors, especially SMEs and Start-ups, to identify the data they possess and catalogue and increase the findability of data to fuel data spaces, as well as to facilitate data cleansing routines; calls on the Commission to fund initiatives to improve the findability of metadata within data spaces;
Amendment 183 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the Commission’s plans for intermediator labelling/certification for creation of interoperable data ecosystems and markets;
Amendment 186 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recalls that personal and industrial data are not always separable; urges the Commission to define guidance on and practices in the utilisation of mixed data sets in industrial environments while guaranteeing privacy rules for personal dataadhere to the Guidance provided on the Regulation (EU) 2018/1807; calls on the Commission to consider creating a horizontal and cross- cutting personal data space alongside other data spaces to address the challenge of mixed data sets and empower citizens via, for example, trustworthy intermediators such as MyData operators, which store data with the consent of the owners; stresses the difference between data intermediaries and data brokers, whereas the latter has as a business model selling data for profit; calls on the Commission to encourage Member States to verify compliance of data brokers with the privacy, data protection and cybersecurity rules of the EU and support them with the necessary resources if needed;
Amendment 197 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Commission to present a data act to encourage and enable an increasing B2B, B2G, G2B and G2G flow of data in all sectors; stresses that often public-sector data is not in machine- readable formats; encourages the Commission to coordinate with the Member States the facilitation of sharing non-sensitive public sector-generated data sets for free, whenever possible, and in machine-readable formats, and give guidance on a common model for sharing of sensitive and non-sensitive data in accordance with the GDPR requirements;
Amendment 201 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Underlines that competitive access to data is of outmost importance for the development of Artificial Intelligence; stresses that businesses and researchers should be given greater freedom to use data, with less regulatory interference, especially when the AI application for which the data is used does not entail high risks;
Amendment 203 #
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
Amendment 205 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Encourages the Commission and Member States to facilitate voluntary data sharing schemes, through inter alia incentivising companies via fair compensation, best practices, tax incentives, public recognition programmes; encourages the Commission to work on collaborative approaches for sharing data and standardized data agreements, to enhance predictability and trustworthiness; stresses the importance of setting clear rules for fair competition and no free-riding in the future Data Act, intellectual property rights protection, clear rules on ownership regarding rights and obligations; compulsory data sharing schemes shall be proactive, on a case by case basis and limited in time and scope, and based on clear rules to avoid unfair competition;
Amendment 212 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Stresses that access to data does not preclude privacy; calls on the Commission to promote the use of privacy enhancing or privacy-preserving technologies, such as differential privacy, homomorphic encryption, federated machine learning, pseudonomysation and generalisation;
Amendment 224 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission to examine actors’ rights and obligations to access data they have been involved in generating;
Amendment 245 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Reminds the Commission and the Member States to respecfully implement Open Data Directive objectives in word and spirit when negotiating the implementing act on high-value data sets; calls for these data sets to include inter alia a list of company and business registers, while preserving the flexibility for its update; calls on the Commission to provide a better link between those high-value data sets and the common data spaces within the forthcoming data legislation;
Amendment 253 #
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Encourages the Commission to examine the potential of open standards in order to achieve interoperability within and across the data spaces;
Amendment 256 #
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22 b. Calls on the Commission to examine opportunities for data curation at scale;
Amendment 263 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Commission and the Member States, in order to strengthen the Union’s technological sovereignty, to promote research and innovation work on technologies that facilitate data sharing and analytics, and to invest in capacity building and high-impact projects to promote research, innovation and the deployment of digital technologies;
Amendment 273 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Recalls that the success of the Union’s data and AI strategies depends on the wider ICT ecosystem, closing the digital gap, developing the IoT, fibre, 5G, 6G, quantum, edge computing, block chain and high-performance computing; underscores the importance of the Digital Europe Programme and the Horizon Europe programme, including the earmarking for quantum computing;
Amendment 286 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Commission and Member States to promote competitive markets to support the development of European cloud offerings, e.g. Gaia-x;
Amendment 299 #
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the Commission to develop a ‘cloud rule book’ that will inter alia oblige service providers to reveal where data is processed and stored and ensure users have sovereignty over their data;
Amendment 300 #
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. Calls on the Commission and Member States to further accelerate the technological developments of IoT and edge computing, while supporting the convergence of technologies such as AI, digital twins, DLTs and intelligent connectivity at the edge, e.g. via large- scale open edge IoT projects;
Amendment 303 #
Motion for a resolution
Paragraph 27
Paragraph 27
27. Emphasises the importance of trust and cybersecurity for a stable data economy, as well as the importance of state-of-the-art underlying digital infrastructure; urges the Commission to present solutions that are suited to market players of all sizes; calls on the Commission to provide opportunities for conducting abusability and vulnerability audits of the infrastructure for data sharing;
Amendment 332 #
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls for public and private funding for SMEs to fully capitalise on data economy’s potential;micro-, small and medium-sized enterprises to fully capitalise on the potential of the data economy
Amendment 339 #
Motion for a resolution
Paragraph 31
Paragraph 31
31. Calls on social partners to explore the potential of digitalisation, data and AI to increase productivity, improve well- being of the workforce and invest in upskilling; and proactively involve in awareness raising campaigns;
Amendment 360 #
Motion for a resolution
Paragraph 33
Paragraph 33
33. Stresses the importance of cross- border data flows for growth and innovation; Calls for the free flow of data between the Union and third countries to be permitted when privacy, security and other legitimate public policy interests are met; calls on the Commission to negotiate new rules for the global digital economy, including the prohibition of unjustified data localisation requirements; calls on the Commission to explore the possibilities to facilitate data flows with strategically important third countries;