Recital 4a (new)

2 would add wording.

1. 99 +Addition Julie Rechagneux +8ECR, PfE · ITRE–LIBE “Recent developments have demonstrated that advanced digital services, including data processing, cloud computing and artificial intelligence systems…” numbered 4a

   (4a)Recent developments have demonstrated that advanced digital services, including data processing, cloud computing and artificial intelligence systems, may be subject to unilateral restrictions, export controls, licensing limitations or other measures adopted by third-country authorities. Such measures may lead to the interruption, degradation or withdrawal of services provided to users established in the Union, irrespective of their contractual rights. In view of the strategic importance of artificial intelligence and data-processing capabilities, excessive dependence on providers exposed to such measures may pose risks to the Union’s economic security, technological sovereignty, research capacity and industrial resilience, in particular where the services concerned process or rely on high-value datasets, including trade secrets, industrial know-how, research data, strategic business information or data originating from natural persons, whether in identifiable, pseudonymised or otherwise non-identifiable form. It is therefore appropriate to mitigate such dependencies through interoperability, portability and switching measures, business continuity arrangements, privacy-preserving technologies and appropriate technical and contractual safeguards against unilateral service disruption or termination, including ‘kill switch’ scenarios. Such measures should apply irrespective of the degree of integration of the services concerned or of the legal status of the entities concerned under Union law, including data intermediation services and recognised data altruism organisations.

   Justification

   The recent suspension of access to advanced AI models under export-control measures has made concrete the risk of unilateral interruption decided by a third-country authority. This recital establishes the need for resilience measures introduced in the operative part on an effect-based basis (dependency, switchability, jurisdictional exposure).

   Tabled by

   Julie Rechagneux, Mélanie Disdier, Aleksandar Nikolic, Pierre-Romain Thionnet, Alexandre Varaut, Fabrice Leggeri, Marion Maréchal, António Tânger Corrêa, Christophe Bay

   Group

   ECR, PfE

   Targets

   Digital Omnibus proposal Recital 4a (new)

   Document

   ITRE–LIBE amendments 79–250 to the draft report

   Source

   Official text, pages 19–21

   Printed header

   Recital 4 a (new)

   Links

   Link to this amendment
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2. 100 +Addition Elena Sancho Murillo +6S&D · ITRE–LIBE “The Treaty on the Functioning of the European Union (TFEU) provides for the establishment of an internal market and the institution of a system…” numbered 4a

   (4a)The Treaty on the Functioning of the European Union (TFEU) provides for the establishment of an internal market and the institution of a system ensuring that competition in the internal market is not distorted. The establishment of common rules and practices in the Member States relating to the development of a framework for data should contribute to the achievement of those objectives, while fully respecting fundamental rights. It should also guarantee the strengthening of the open strategic autonomy of the Union while fostering international free flow of data. The data economy has to be built in a way that enables undertakings, in particular micro, small and medium-sized enterprises (SMEs), as defined in the Annex to Commission Recommendation 2003/361/EC, and start-ups to thrive, ensuring data access neutrality and data portability and interoperability, and avoiding lock-in effects.

   Tabled by

   Elena Sancho Murillo, Marina Kaljurand, Brando Benifei, José Cepeda, Lina Gálvez, Francisco Assis, Alex Agius Saliba

   Group

   S&D

   Targets

   Digital Omnibus proposal Recital 4a (new)

   Document

   ITRE–LIBE amendments 79–250 to the draft report

   Source

   Official text, page 21

   Printed header

   Recital 4 a (new)

   Links

   Link to this amendment
   Cite this amendment