Goods and services (Directive 2004/113)

• Author: Anu Laas
• Pages: 66-68

66

9 Goods and services (Directive 2004/113)183

9.1 General (legal) context

9.1.1 Surveys and reports about the difficulties linked to equal access to and sup ply of

goods and services

The author of this report can find no studies in this area.

9.1.2 Specific problems of discrimination in the online environment/digital

market/collaborative economy

Representatives of civil society and the equality body (EB) are not yet tackling probl ems

regarding discrimination in digital technologies and the collaborative economy.

Involvement in public debate is li mited due to low knowledge and awareness as well as

poor technological capacity. People are a ware that algorithm bias exists, an d that Google

and Instagram do not offer some job vacancies to women.184

9.1.3 Political and societal debate

The Estonian Government Office and the Ministry of Economic Affairs and Communications

have launched a cross-sectoral project to analyse and prepare for the implem entation of

artificial intelligence tools, k nown as kratts, as w ell as develop a test environment in

Estonia in November 2016.185

9.2 Prohibition of direct and indirect discrimination

Article 7.1 of th e GEA provides a duty for the supplier of goods or services to provide

explanations for alleged discrimination (the provision entered into force on 23 October

2009). Within 15 working days of receipt of a written application describing the facts

relating to a possible case of dis crimination, a supplier of goods or services i s required to

provide the person who believes that he or she has been discriminated against in relation

to access to or supply of goods or services on the grounds of sex, a wri tten explanation

concerning the activities of the supplier. The GEA does not specifically mention

discrimination regarding housing, but Article 2(1) states that the GEA is applicable to all

areas of social life.

Article 126 banning the use of gender-based factors in the assessment of insured risks

was added to the IAA, and the amendments entered into force on 1 Janu ary 2016.

Articles 2(1)(5) and 2(1)(7) of the ETA prohibit discrimination of persons on gr ounds of

nationality (ethnic origin), race or colour in the access to the s ervices of social welfa re,

social security and healthcare, including social benefits and in the access to and sup ply of

goods and services which are available to the public, including housing.

However, gender reassignment as a specific ground of discrimination is not protected

under Estonian legislation.

9.3 Material scope

In Estonia the scope is more restricted than that of the Directive. Article 5( 1)(4.1) of the

GEA includes som e exceptions and differences available in the treatment of persons due

183 See e.g. Caracciolo di Torella, E. and McLellan, B. (2018), Gender equality and the collaborative economy,

European network of legal experts in gender equality and non-discrimination, available at

https://www.equalitylaw.eu/downloads/4573-gender-equality-and-the-collaborative-economy-pdf-721-kb.

184 https://www.catalyst.org/research/trend-brief-gender-bias-in-ai/.

185 In Estonian mythology, a Kratt is a creature brought to life from hay or household objects.