239

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Update the Unfair Contract Terms directive for digital services

09-02-2021

This study analyses common terms in contracts of digital service providers, indicating when they could significantly distort the balance between the parties’ rights and obligations to the detriment of consumers and should, therefore, fall within the scope of the Unfair Contract Terms Directive. Further, the study discusses the particularities of the assessment of online transparency of terms of digital service providers and sanctions they could face if they breach the current consumer protection ...

This study analyses common terms in contracts of digital service providers, indicating when they could significantly distort the balance between the parties’ rights and obligations to the detriment of consumers and should, therefore, fall within the scope of the Unfair Contract Terms Directive. Further, the study discusses the particularities of the assessment of online transparency of terms of digital service providers and sanctions they could face if they breach the current consumer protection framework. Recommendations are made to improve the effectiveness of this framework by: introducing a black and grey list of unfair terms, strengthening current sanctions, and introducing new obligations for digital service providers.

Autor externo

Marco LOOS, Joasia LUZAK

Digital automation and the future of work

29-01-2021

This report addresses the nature, scope and possible effects of digital automation. It reviews relevant literature and situates modern debates on technological change in historical context. It also offers some policy options that, if implemented, would help to harness technology for positive economic and social ends. The report recognises that technological change can affect not just the volume of work but also its quality. It identifies threats to job quality and an unequal distribution of the risks ...

This report addresses the nature, scope and possible effects of digital automation. It reviews relevant literature and situates modern debates on technological change in historical context. It also offers some policy options that, if implemented, would help to harness technology for positive economic and social ends. The report recognises that technological change can affect not just the volume of work but also its quality. It identifies threats to job quality and an unequal distribution of the risks and benefits associated with digital automation. In response, it recommends a number of policy options – ones that aim to go beyond the provision of skills and training and which seek a human-centred approach to digital transformations of work based on industrial democracy and social partnership. Overall, the report pushes for a new Digital Social Contract and a future of work that works for all

Autor externo

DG, EPRS_This study has been written by David Spencer, Matt Cole, Simon Joyce, Xanthe Whittaker and Mark Stuart of the Leeds University Business School, University of Leeds, UK, at the request of the Panel for the Future of Science and Technology (STOA) and managed by the Scientific Foresight Unit, within the Directorate-General for Parliamentary Research Services (EPRS) of the Secretariat of the European Parliament.

Non-financial Reporting Directive

28-01-2021

In line with the European Green Deal, a key element to foster sustainable growth and finance the green transition will be to channel funding in economic activities that contribute to environmental, social and governance-related objectives. Directive 2014/95/EU on the disclosure of non-financial and diversity information (NFRD) has set the EU on a clear course towards greater business transparency and accountability on social and environmental issues. It helps to measure, monitor and manage companies ...

In line with the European Green Deal, a key element to foster sustainable growth and finance the green transition will be to channel funding in economic activities that contribute to environmental, social and governance-related objectives. Directive 2014/95/EU on the disclosure of non-financial and diversity information (NFRD) has set the EU on a clear course towards greater business transparency and accountability on social and environmental issues. It helps to measure, monitor and manage companies' performance and their impact on society. However, as this briefing shows, the NFRD suffers from several deficiencies such as lack of comparability, reliability and relevance of non-financial information provided. The Commission therefore intends to review the NFRD in the first quarter of 2021.

Data subjects, digital surveillance, AI and the future of work

23-12-2020

The report provides an in-depth overview of the social, political and economic urgencies in identifying what we call the ‘new surveillance workplace’. The report assesses the range of technologies that are being introduced to monitor, track and, ultimately, watch workers, and looks at the immense changes they imbue in several arenas. How are institutions responding to the widespread uptake of new tracking technologies in workplaces, from the office, to the contact centre, to the factory? What are ...

The report provides an in-depth overview of the social, political and economic urgencies in identifying what we call the ‘new surveillance workplace’. The report assesses the range of technologies that are being introduced to monitor, track and, ultimately, watch workers, and looks at the immense changes they imbue in several arenas. How are institutions responding to the widespread uptake of new tracking technologies in workplaces, from the office, to the contact centre, to the factory? What are the parameters to protect the privacy and other rights of workers, given the unprecedented and ever-pervasive functions of monitoring technologies? The report evidences how and where new technologies are being implemented; looks at the impact that surveillance workspaces are having on the employment relationship and on workers themselves at the psychosocial level; and outlines the social, legal and institutional frameworks within which this is occurring, across the EU and beyond, ultimately arguing that more worker representation is necessary to protect the data rights of workers.

Autor externo

This study has been written by Associate Professor Dr Phoebe V. Moore, University of Leicester School of Business, United Kingdom, and Guest Research Fellow, Weizenbaum Institute, Wissenschaftszentrum für Sozialforschung, Berlin. The study was prepared at the request of the Panel for the Future of Science and Technology (STOA) and managed by the Scientific Foresight Unit, within the Directorate-General for Parliamentary Research Services (EPRS) of the Secretariat of the European Parliament.

Challenges facing sports event organisers in the digital environment

17-12-2020

Piracy of online broadcast of sports events is a problem in the EU. No action at EU level in this field would lead to additional burdens on economic operators and would hamper completion of the Digital Single Market. This European Added Value Assessment (EAVA) looks at the existing EU legislation and checks if it provides sports events organizers and their licensees with an adequate level of protection against this risk. It also presents potential EU level action that could help solve the problem ...

Piracy of online broadcast of sports events is a problem in the EU. No action at EU level in this field would lead to additional burdens on economic operators and would hamper completion of the Digital Single Market. This European Added Value Assessment (EAVA) looks at the existing EU legislation and checks if it provides sports events organizers and their licensees with an adequate level of protection against this risk. It also presents potential EU level action that could help solve the problem and estimates economic benefits of addressing the problem.

Regulating digital gatekeepers: Background on the future digital markets act

08-12-2020

The EU has unveiled an ambitious plan to regulate online platforms, and the European Commission is proposing to introduce ex ante regulation to ensure that markets characterised by large platforms acting as digital gatekeepers remain fair and competitive for innovators, businesses, and new market entrants. The introduction of an ex ante regulatory framework that could limit online platforms' commercial freedom and give wide-ranging enforcement powers to regulators would be a far-reaching step. Against ...

The EU has unveiled an ambitious plan to regulate online platforms, and the European Commission is proposing to introduce ex ante regulation to ensure that markets characterised by large platforms acting as digital gatekeepers remain fair and competitive for innovators, businesses, and new market entrants. The introduction of an ex ante regulatory framework that could limit online platforms' commercial freedom and give wide-ranging enforcement powers to regulators would be a far-reaching step. Against this background, this briefing explains the rationale for regulating digital gatekeepers in the EU and provides an overview of the key policy questions currently under discussion. Recent reports and studies have shown how a few large platforms have the ability to apply a range of practices that raise significant competition issues. The limitation of competition law – essentially applied ex-post after the anti-competitive practices have been implemented – has sparked a debate on whether EU competition rules are still fit for purpose and whether such platforms should not instead be regulated ex ante so as to provide upfront clarity about what behaviour towards users and competitors is acceptable. In this respect, the policy discussion focuses on a number of issues, in particular, how to identify online gatekeepers that should be subject to ex ante regulation, what conduct should be outlawed for those gatekeepers, what obligations should be placed on them (such as data portability and interoperability), and how such innovative regulations should be enforced. Finally, the briefing highlights the initial views of a number of stakeholders.

Corporate social responsibility (CSR) and its implementation into EU Company law

05-11-2020

Building on both European Union (EU) law and chosen Member States’ legislation, this study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee aims at understanding to what extent Member States are supporting the development and the implementation of CSR strategies in the business community, with particular focus on due diligence requirements. It also attempts at providing some recommendations aimed at ...

Building on both European Union (EU) law and chosen Member States’ legislation, this study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee aims at understanding to what extent Member States are supporting the development and the implementation of CSR strategies in the business community, with particular focus on due diligence requirements. It also attempts at providing some recommendations aimed at possibility developing a comprehensive and structured approach to CSR for the whole of the EU.

Autor externo

Kletia Noti ; Prof. Federico Maria Mucciarelli; Dr Virginia dalla Pozza; Carlo Angelici Mattia PILLININI.

The functioning of the Internal Market for Digital Services: responsibilities and duties of care of providers Challenges and opportunities

29-10-2020

The original full study reflects on responsibilities and duties of care of online intermediaries as set out in Directive 2000/31/EC (E-Commerce Directive, ECD) and gives recommendations for a possible future EU Digital Services Act.

The original full study reflects on responsibilities and duties of care of online intermediaries as set out in Directive 2000/31/EC (E-Commerce Directive, ECD) and gives recommendations for a possible future EU Digital Services Act.

Autor externo

Prof. Dr Jan Bernd NORDEMANN.

The scope of EU labour law: Who is (not) covered by key directives?

26-10-2020

This in-depth analysis examines the current EU labour law instruments for workers’ protection and highlights existing gaps in coverage which may require further action. It analyses a selection of directives in order to determine how non-standard workers are often excluded from their scope of application, and the extent to which newer instruments account for a broader variety of employment relationships. This document was provided by the Policy Department for Economic, Scientific and Quality of Life ...

This in-depth analysis examines the current EU labour law instruments for workers’ protection and highlights existing gaps in coverage which may require further action. It analyses a selection of directives in order to determine how non-standard workers are often excluded from their scope of application, and the extent to which newer instruments account for a broader variety of employment relationships. This document was provided by the Policy Department for Economic, Scientific and Quality of Life Policies for the committee on Employment and Social Affairs (EMPL).

Digital Services Act

14-10-2020

Parliament is due to vote during the October II plenary session on three reports from the Committees on Internal Market and Consumer Protection, Legal Affairs, and Civil Liberties, Justice and Home Affairs setting out the Parliament’s initial position on the revision of the EU framework for online services ahead of the Commission's expected proposal of a Digital Services Act package.

Parliament is due to vote during the October II plenary session on three reports from the Committees on Internal Market and Consumer Protection, Legal Affairs, and Civil Liberties, Justice and Home Affairs setting out the Parliament’s initial position on the revision of the EU framework for online services ahead of the Commission's expected proposal of a Digital Services Act package.

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