Goods and services (Directive 2004/113)

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

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