Changes between two versions
What changed between the draft committee report and the plenary report
From · draft committee report· 10 Oct 2023
on policy implications of the development of virtual worlds – civil, company, commercial and intellectual property law issues
To · plenary report· 15 Dec 2023
on policy implications of the development of virtual worlds – civil, company, commercial and intellectual property law issues
+13 added · −5 removed · 24 changed paragraphs, packaging included.
Part 1 of 3: MOTION FOR A EUROPEAN PARLIAMENT RESOLUTION
MOTION FOR A EUROPEAN PARLIAMENT RESOLUTION
39 unchanged paragraphs
on policy implications of the development of virtual worlds – civil, company, commercial and intellectual property law issues
(2023/2062(INI))
The European Parliament,
– having regard to the Treaty on the Functioning of the European Union, and in particular Articles 4, 16, 26, 81, 114 and 118 thereof,
– having regard to the Berne Convention of 1886 for the Protection of Literary and Artistic Works,
– having regard to the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, as both amended on 28 September 1979 and updated in its twelfth edition (12-2023),
– having regard to the World Intellectual Property Organization (WIPO) Copyright Treaty of 1996 and the WIPO Performances and Phonograms Treaty of 1996,
– having regard to Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases,
– having regard to Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’),
– having regard to Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II),
– having regard to Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I),
– having regard to Directive 2009/24/EC of the European Parliament and of the Council of 23 April 2009 on the legal protection of computer programs,
– having regard to Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) (Brussels I Regulation),
– having regard to Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC,
– having regard to Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure,
– having regard to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC,
– having regard to Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data,
– having regard to Directive (EU) 2016/2102 of the European Parliament and of the Council of 26 October 2016 on the accessibility of the websites and mobile applications of public sector bodies,
– having regard to Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark,
– having regard to Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC,
– having regard to Regulation (EU) 2018/1807 of the European Parliament and of the Council of 14 November 2018 on a framework for the free flow of non-personal data in the European Union,
– having regard to Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (Copyright Directive),
– having regard to Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services,
– having regard to Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information,
– having regard to Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services,
– having regard to the proposal for a regulation of the European Parliament and of the Council laying down harmonised rules on artificial intelligence (Artificial Intelligence Act) and amending certain union legislative acts (COM(2021)0206),
– having regard to the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 910/2014 as regards establishing a framework for a European Digital Identity (COM(2021)0281),
– having regard to the proposal for a regulation of the European Parliament and of the Council on harmonised rules on fair access to and use of data (Data Act), (COM(2022)0068),
– having regard to the proposal for a directive of the European Parliament and of the Council on liability for defective products (COM(2022)0495),
– having regard to the proposal for a directive of the European Parliament and of the Council on adapting non-contractual civil liability rules to artificial intelligence (AI Liability Directive) (COM(2022)0496),
– having regard to Regulation (EU) 2022/868 of the European Parliament and of the Council of 30 May 2022 on European data governance and amending Regulation (EU) 2018/1724 (Data Governance Act),
– having regard to Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828 (Digital Markets Act),
– having regard to Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a single market for Digital Services and amending Directive 2000/31/EC (Digital Services Act),
– having regard to Regulation (EU) 2023/988 of the European Parliament and of the Council of 10 May 2023 on general product safety, amending Regulation (EU) No 1025/2012 of the European Parliament and of the Council and Directive (EU) 2020/1828 of the European Parliament and the Council, and repealing Directive 2001/95/EC of the European Parliament and of the Council and Council Directive 87/357/EEC,
– having regard to Regulation (EU) 2023/1114 of the European Parliament and of the Council of 31 May 2023 on markets in crypto-assets, and amending Regulations (EU) No 1093/2010 and (EU) No 1095/2010 and Directives 2013/36/EU and (EU) 2019/1937,
– having regard to its Resolution of 20 October 2020 on Intellectual property rights for the development of artificial intelligence technologies (A9-0176/2020),
– having regard to Commission communication to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled ‘Making the most of the EU’s innovative potential – An intellectual property action plan to support the EU’s recovery and resilience’ (COM(2020)0760),
– having regard to its Resolution of 11 November 2021 on an intellectual property action plan to support the EU’s recovery and resilience,
– having regard to the Commission communication of 11 July 2023 entitled ‘An EU initiative on Web 4.0 and virtual worlds: a head start in the next technological transition’,
Added:– having regard to the Commission communication of 11 May 2022 entitled ‘A Digital Decade for children and youth: the new European strategy for a better internet for kids (BIK+)’ (COM (2022)0212),
– having regard to Rule 54 of its Rules of Procedure,
Changed:– having regard to the report of the Committee on Legal Affairs (A9-0000/2023),(A9-0442/2023),
A. whereas virtual worlds have not yet been widely taken up, although their deployment in a number of use cases in various sectors has raised general awareness and has attracted the attention of public authorities;
Change 1
Removed:B. whereas, experts say it might still take 10 to 15 years for the metaverse to reach its full potential and its development is expected to significantly impact the digital landscape in future years, bringing both opportunities and risks that need to be addressed;
Added:B. whereas it is essential that we continue to promote and develop new technologies, recognising their transformative potential in fields such as education, culture, healthcare, gaming and many others, while addressing the risks that these new technologies may pose;
Added:C. whereas experts say it might still take 10 to 15 years for virtual worlds to reach their full potential and that their development can significantly impact the digital landscape in future years, bringing both opportunities and risks that need to be addressed;
Added:D. whereas digital sovereignty is a means of promoting the notion of European leadership and strategic autonomy and is key to guaranteeing the EU’s ability to shape and enforce legislation in the digital environment, ensuring ethical, sustainable and human-centric virtual worlds and safeguarding the fundamental rights and values of the EU;
Definitions
1. Notes that the concepts of ‘metaverse’ and ‘virtual world’ currently lack consolidated definitions;
Change 2
Changed:2. Welcomes in this regard the proposal included in the Commission communication for a definition focusing on the main features of virtual worlds, as follows: ‘virtual worlds are persistent, immersive environments, based on technologies including 3D and extended reality (XR), which make it possible to blend physical and digital worlds in real time, for a variety of purposes such as designing, making simulations, collaborating, learning, socialising, carrying out transactions or providing entertainment’; points out that many of the technologies referred to as ‘virtual worlds’ have existed for years; underlines that a future European strategy should be anchored in research, scientific evidence and societal relevance;
Change 3
Changed:3. Stresses the key importance of promoting standardisation and interoperability for the full development of the metaverse, as an ecosystem of interconnected virtual worlds;
An appropriate ethical and legal framework
Change 4
Changed:4. Stresses that virtual worlds accessible in the EU should be guided byrespect ethical values, principles and fundamental rights enshrined in the Charter of Fundamental Rights of the European Union and existing EU legislation;legislation, namely on data privacy, security and safety standards, data sharing, content moderation, the fight against harassment and hate speech, cybersecurity, workers’ rights, consumers’ and child protection, accessibility requirements, respect for intellectual property rights, the protection of know-how and trade secrets, the prevention of online abuse and fraud, and on contestable and fair markets;
Change 5
Changed:5. Recalls that virtual worlds should be developed and deployed in line with the general principle that what is illegal offline should be illegal online, ensuring that people’s rightsrights, with a strong focus on children, as users, consumers, workers, investorsinvestors, rights holders and creators are fully respected;
Change 6
Removed:6. Highlights the importance of monitoring compliance and ensuring effective enforcement of the applicable legal instruments in force; calls on the Commission to develop guidelines and best practices, in cooperation with the various stakeholders, clarifying their legal obligations and responsibilities in the metaverse;
Added:6. Points out that, in particular, the following pieces of legislation already apply to different aspects of virtual worlds: the Digital Services Act; the Digital Markets Act; the Data Governance Act; the Data Act; the proposed AI Act; the General Data Protection Regulation (GDPR); the General Product Safety Regulation; the Unfair Commercial Practices Directive; the Markets in Crypto-Assets Regulation; European Digital Identity; the Directive on Copyright in the Digital Single Market; the Regulation on the EU Trade Mark; the Directive on the Protection of Trade Secrets; the European Accessibility Act; and the Web Accessibility Directive;
Removed:7. Underlines that it is paramount that the Commission conducts regular fitness checks of the applicable legal instruments in force and stresses that any future legislation on the metaverse should avoid overlaps or inconsistencies, while filling gaps where needed;
Added:7. Highlights the importance of regularly monitoring compliance and ensuring effective enforcement of the applicable legal instruments in force; calls on the Commission to develop guidelines and best practices, in cooperation with different stakeholders, including representatives from civil society and consumer protection organisations, as well as academia, clarifying the legal obligations and responsibilities of each stakeholder involved in virtual worlds, such as platform operators, service providers, developers and users, under the applicable EU law;
Added:8. Underlines that it is paramount that the Commission conducts regular fitness checks of the applicable legal instruments in force, namely regarding a possible review of the Unfair Commercial Practices Directive, Consumer Rights Directive and the Unfair Contract Terms Directive, and stresses that any future legislation on virtual worlds should avoid overlaps or inconsistencies, while filling gaps where needed;