Goods and services (Directive 2004/113)

• Author: Anu Laas
• Pages: 66-68

66

9Goods and services (Directive 2004/113)183

9.1General (legal) context

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

goods and services

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

9.1.2Specific problems of discrimination in the online environment/digital

market/collaborative economy

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

regarding discrimination in digital technologies and the collaborative economy.

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

poor technological capacity. People are aware that algorithm bias exists, and that Google

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

9.1.3Political 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 implementation of

artificial intelligence tools, known as kratts, as well as develop a test environment in

Estonia in November 2016.185

9.2Prohibition of direct and indirect discrimination

Article 7.1 of the 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 discrimination, a supplier of goods or services is 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 written 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 January 2016.

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

nationality (ethnic origin), race or colour in the access to the services of social welfare,

social security and healthcare, including social benefits and in the access to and supply 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.

9.3Material scope

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

GEA includes some 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.

184https://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.