European Declaration on Digital Rights and Principles for the Digital Decade 2023/C 23/01
| Published date | 23 January 2023 |
| Official Gazette Publication | Official Journal of the European Union, C 023, 23 January 2023 |
| 23.1.2023 | EN | Official Journal of the European Union | C 23/1 |
European Declaration on Digital Rights and Principles for the Digital Decade
(2023/C 23/01)
The European Parliament, the Council and the Commission solemnly proclaim the following joint Declaration on Digital Rights and Principles for the Digital Decade
Preamble
Whereas:
| (1) | The European Union (EU) is a ‘union of values’, as enshrined in Article 2 of the Treaty on European Union, founded on respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. Moreover according to the Charter of fundamental rights of the European Union, the EU is founded on the indivisible, universal values of human dignity, freedom, equality and solidarity. The Charter also reaffirms the rights as they result, in particular, from international obligations common to the Member States. |
| (2) | The digital transformation affects every aspect of people’s lives. It offers significant opportunities for a better quality of life, economic growth and sustainability. |
| (3) | The digital transformation also presents challenges for our democratic societies, our economies and for individuals. With the acceleration of the digital transformation, the time has come for the EU to spell out how its values and fundamental rights applicable offline should be applied in the digital environment. The digital transformation should not entail the regression of rights. What is illegal offline, is illegal online. This Declaration is without prejudice to ‘offline policies’, such as having access to key public services offline. |
| (4) | The Parliament has made several calls for the establishment of ethical principles guiding the EU’s approach to the digital transformation, as well as ensuring the full compliance with fundamental rights such as data protection, the right to privacy, non-discrimination and gender equality, and with principles such as consumer protection, technological and net neutrality, trustworthiness and inclusiveness. It has also called for a strengthened protection of users’ rights in the digital environment, as well as workers’ rights and the right to disconnect (1). |
| (5) | Building on previous initiatives such as the ‘Tallinn Declaration on eGovernment’ and the ‘Berlin Declaration on Digital Society and Value-based Digital Government’, the Member States have called, through the ‘Lisbon Declaration – Digital Democracy with a Purpose’, for a model of digital transformation that strengthens the human dimension of the digital ecosystem with the Digital Single Market at its core. Member States have called for a model of digital transformation that ensures that technology assists in addressing the need to take climate action and protect the environment. |
| (6) | The EU vision for digital transformation puts people at the centre, empowers individuals and fosters innovative businesses. The Decision on the ‘Digital Decade Policy Programme 2030’ sets out the concrete digital targets based on four cardinal points (digital skills, digital infrastructures, digitalisation of businesses and of public services). The EU way for the digital transformation of our societies and economy encompasses in particular digital sovereignty in an open manner, respect for fundamental rights, rule of law and democracy, inclusion, accessibility, equality, sustainability, resilience, security, improving quality of life, the availability of services and respect of everyone’s rights and aspirations. It should contribute to a dynamic, resource efficient, and fair economy and society in the EU. |
| (7) | This Declaration spells out shared political intentions and commitments, and recalls the most relevant rights in the context of the digital transformation. The Declaration should also guide policy makers when reflecting on their vision of the digital transformation: putting people at the centre of the digital transformation; supporting solidarity and inclusion, through connectivity, digital education, training and skills, fair and just working conditions as well as access to digital public services online; restating the importance of freedom of choice in interactions with algorithms and artificial intelligence systems and in a fair digital environment; fostering participation in the digital public space; increasing safety, security and empowerment in the digital environment, in particular for children and young people, while ensuring privacy and individual control over data; promoting sustainability. The various chapters of this Declaration should form a holistic reference framework and should not be read in isolation. |
| (8) | This Declaration should also serve as a reference point for businesses and other relevant actors when developing and deploying new technologies. Promoting research and innovation is important in this respect. Special attention should also be given to SMEs and start-ups. |
| (9) | The democratic functioning of the digital society and economy should be further strengthened, in full respect of the rule of law, effective remedies and law enforcement. This Declaration does not affect lawful limits on the exercise of rights, in order to reconcile them with the exercise of other rights, or necessary and proportionate restrictions in the public interest. |
| (10) | This Declaration notably builds on primary EU law, in particular the Treaty on European Union, the Treaty on the Functioning of the European Union, the Charter of Fundamental Rights of the European Union, as well as on secondary law and the case-law of the Court of Justice of the European Union. It also builds on and complements the European Pillar of Social Rights. It has a declaratory nature and, as such, does not affect the content of legal rules or their application. |
| (11) | The EU should promote the Declaration in its relations with other international organisations and third countries, including by reflecting these rights and principles in its trade relations, with the ambition that the principles guide international partners towards a digital transformation that puts people and their universal human rights at the centre throughout the world. The Declaration should notably serve as a reference for activities in the context of international organisations, such as the realisation of the Agenda 2030 for Sustainable Development, as well as the multistakeholder approach to Internet governance. |
| (12) | The promotion and implementation of the Declaration is a shared political commitment and responsibility of the EU and its Member States within their respective competences and in full compliance with EU law. The Commission will regularly report to the Parliament and the Council on the progress made. The Member States and Commission should take into account the digital principles and rights as laid down in this Declaration when cooperating in view of achieving the general objectives as set out in the Decision on the ‘Digital Decade Policy Programme 2030’. |
Declaration on Digital Rights and Principles for the Digital Decade
We aim to promote a European way for the digital transformation, putting people at the centre, built on European values and EU fundamental rights, reaffirming universal human rights, and benefiting all individuals, businesses, and society as a whole.
We therefore declare:
CHAPTER I
Putting people at the centre of the digital transformation
| 1. | People are at the centre of the digital transformation in the European Union. Technology should serve and benefit all people living in the EU and empower them to pursue their aspirations, in full security and respect for their fundamental rights. We commit to:
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CHAPTER II
Solidarity and inclusion
| 2. | Technology should be used to unite, and not divide, people. The digital transformation should contribute to a fair and inclusive society and economy in the EU. We commit to:
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