29 Amendments of Marc BOTENGA related to 2021/0293(COD)
Amendment 19 #
Proposal for a decision
Recital 1
Recital 1
(1) In its Communication “2030 Digital Compass: the European way for the Digital Decade” of 9 March 202131 (“Digital Compass Communication”) the Commission laid out its vision for 2030 to empower citizens and businesses through the digital transition. The Union way for the digital transformation of economy and society should encompass digital sovereignty, inclusion, equality, equity, sustainability, resilience, security, improving quality of life, respect of citizens’ rights and aspirations and should contribute to a dynamic, resource efficient, and fair economy and society in the Union. It should create quality employment, strengthen workers’ rights and job security and contribute to a dynamic, resource efficient, inclusive, fair and just economy, labour market and society in the Union, implementing the European Pillar of Social Rights in the digital age. _________________ 31 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions “2030 Digital Compass: the European way for the Digital Decade” COM/2021/118 final/2.
Amendment 29 #
Proposal for a decision
Recital 4
Recital 4
(4) The Commission’s Communication on the European Green Deal35 emphasised that Europe should leverage the potential of the digital transformation, which is a key enabler for reaching the Green Deal objectives. The Union should promote and invest in the necessary digital transformation as digital technologies are a critical enabler for attaining the sustainability goals of the Green Deal in many different sectors. Digital technologies such as artificial intelligence, 5G, cloud and edge computing and the internet of things can accelerate and maximise the impact of policies to deal with climate change and protect the environment. Digitalisation also presents new opportunities for distance monitoring of air and water pollution, or for monitoring and optimising how energy and natural resources are used. Thus, it can be used to prevent energy poverty and ensure energy efficiency and affordability. Europe needs a digital sector that puts sustainability at its heart, ensuring that digital infrastructures and technologies become verifiably more sustainable and energy- and resource efficient, and contribute to a sustainable circular and climate-neutral economy and society in line with the European Green Deal. _________________ 35 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions “The European Green deal”, 11.12.2019, COM/2019/640 final.
Amendment 54 #
Proposal for a decision
Recital 7 a (new)
Recital 7 a (new)
(7 a) The legislative framework should be strengthened in order to combat the negative effects of digitalisation, such as unemployment and social dumping, and to protect workers’ rights. Collective agreements should be extended to cover workers in digital work environments. Trade union representation and access to the digital workplace, as well as access to the workers themselves should be ensured. Workers’ rights, in particular the right to collective action, collective bargaining and the right to strike should also apply to the digital workplace, and be fortified.
Amendment 56 #
Proposal for a decision
Recital 7 b (new)
Recital 7 b (new)
(7 b) Mental health issues related to digital or remote work have increased dramatically in the European Union in recent times, particularly among young people. Measures should be taken to safeguard the mental health of employees in the digital environment and provide recovery and after-care solutions, with particular focus on enforcing their Right to Disconnect without fear of negative consequences, to achieve workers’ mental well-being and ensure work-life balance in the digital age.
Amendment 57 #
Proposal for a decision
Recital 7 c (new)
Recital 7 c (new)
(7 c) The use of Artificial Intelligence, monitoring and tracking devices to evaluate work in digital platforms in order to boost productivity and speed has led to a dramatic increase in work intensity, undue stress, anxiety and insecurity of workers in digital environments, thus increasing the possibility of occupational accidents and endangering workers’ lives and well-being. Concrete measures should be taken to ensure workers’ physical health and safety.
Amendment 58 #
Proposal for a decision
Recital 7 d (new)
Recital 7 d (new)
(7 d) The application of GDPR to the digital work environment, including the active involvement of social partners, should be strengthened. Any use of AI at work must respect and adequately safeguard the right enshrined in Article 22(1) of the GDPR not to be subject to a decision based solely on automated processing.
Amendment 59 #
Proposal for a decision
Recital 7 e (new)
Recital 7 e (new)
(7 e) The use and management of AI applications, algorithms and AI development process affects all aspects of work and workers’ rights, such as recruitment processes, people and workflow management, and must not discriminate against workers or vulnerable groups or reinforce inequalities based on criteria such as gender, age, health condition, disability, nationality, ethnicity, race, pregnancy or parenthood.
Amendment 97 #
Proposal for a decision
Recital 29 a (new)
Recital 29 a (new)
(29 a) Concrete measures should be taken to ensure gender balance and equality in the digital work environment, in particular to access to equal employment, pay and representation.
Amendment 124 #
Proposal for a decision
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) promote a human-centered, inclusive, accessible, secure and open digital environment where digital technologies and services respect and enhance Union principles and values, as well as citizens’ and workers’ rights and opportunities for quality employment;
Amendment 132 #
Proposal for a decision
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(a a) ensure that all citizens have access to connectivity, free or affordable internet and access to digital tools;
Amendment 133 #
Proposal for a decision
Article 2 – paragraph 1 – point a b (new)
Article 2 – paragraph 1 – point a b (new)
(a b) ensure that all digital policies enhance citizens’ and workers’ prosperity through job security in the digital labour market, ensuring fair working conditions and workers’ rights;
Amendment 134 #
Proposal for a decision
Article 2 – paragraph 1 – point a c (new)
Article 2 – paragraph 1 – point a c (new)
(a c) adopt concrete measures to adapt and extend already existing workers’ rights, and to ensure that trade unions have access to the digital workplace; enforce collective bargaining and ensure that workers in new forms of work organisations have equal rights;
Amendment 135 #
Proposal for a decision
Article 2 – paragraph 1 – point a d (new)
Article 2 – paragraph 1 – point a d (new)
(a d) ensure that workers in digital work environments are and remain the owners of their data and have the right to keep their data even if an employment relationship has ended;
Amendment 136 #
Proposal for a decision
Article 2 – paragraph 1 – point a e (new)
Article 2 – paragraph 1 – point a e (new)
(a e) prohibit the use of artificial intelligence in the recruitment process; promote concrete measures to prevent discrimination based on the use of biased algorithms in the workplace;
Amendment 147 #
Proposal for a decision
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(b a) ensure the sustainable and just digital transition of workplaces while keeping the existing workforce; provide for internal reallocation of workers, thus creating safety measures for persons close to retirement facing difficulties adjusting to digital developments;
Amendment 152 #
Proposal for a decision
Article 2 – paragraph 1 – point b b (new)
Article 2 – paragraph 1 – point b b (new)
(b b) enable all workers and job seekers to acquire information of their rights in the digital environment, AI ethics and protection of privacy;
Amendment 153 #
Proposal for a decision
Article 2 – paragraph 1 – point b c (new)
Article 2 – paragraph 1 – point b c (new)
(b c) enforce concrete measures for health and safety of workers in digital environments; protect workers from work intensity increase and fortify their mental health and physical safety from the abusive use of digital tools to increase productivity, such as constant surveillance and evaluation;
Amendment 162 #
Proposal for a decision
Article 2 – paragraph 1 – point d a (new)
Article 2 – paragraph 1 – point d a (new)
(d a) ensure transparency, human oversight and accountability for the use of AI in the workplace; prohibit the use of AI in the recruitment process; ensure workers’ right to question the validity of an automated decision and request a human review to have it reversed;
Amendment 163 #
Proposal for a decision
Article 2 – paragraph 1 – point d b (new)
Article 2 – paragraph 1 – point d b (new)
(d b) clarify liability of the use of AI within a work organisation, both in the event of occupational accidents to workers and damages caused to third parties;
Amendment 169 #
Proposal for a decision
Article 2 – paragraph 1 – point e a (new)
Article 2 – paragraph 1 – point e a (new)
(e a) propose concrete measures to ensure citizens’ and workers’ rights to equal access to healthcare and health insurance schemes and to prevent the use of AI for patient cherry-picking and rejection on the basis of medical history or financial status;
Amendment 190 #
Proposal for a decision
Article 4 – paragraph 1 – point 1 – point b a (new)
Article 4 – paragraph 1 – point 1 – point b a (new)
Amendment 204 #
Proposal for a decision
Article 4 – paragraph 1 – point 2 – point d a (new)
Article 4 – paragraph 1 – point 2 – point d a (new)
(d a) all European households have access to high-speed internet and broadband coverage in general, especially in rural, sparsely populated, peripheral and border areas and islands, in order to prevent discrimination and digital inequalities;
Amendment 219 #
Proposal for a decision
Article 4 – paragraph 1 – point 4 – point b
Article 4 – paragraph 1 – point 4 – point b
(b) 100% of Union citizens have access to their medical records (electronic health records (EHR)); persons with disabilities have assisted access via aid tools and connectivity;
Amendment 232 #
Proposal for a decision
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
(4 a) The Commission shall monitor the progress of Member States, in particular regarding the implementation of measures to secure workers’ rights, occupational health and safety in the digital environment and their protection from abusive use of digital tools.
Amendment 242 #
Proposal for a decision
Article 6 – paragraph 6 a (new)
Article 6 – paragraph 6 a (new)
(6 a) The report shall address in particular recommended measures to ensure the protection of workers from the negative effects of digitalisation.
Amendment 250 #
Proposal for a decision
Article 7 – paragraph 3 – point c
Article 7 – paragraph 3 – point c
(c) financial resources have been allocated; , in accordance with the respect of trade union and workers’ rights, such as health and safety, the right to strike, collective bargaining and collective action;
Amendment 258 #
Proposal for a decision
Article 9 – paragraph 1
Article 9 – paragraph 1
(1) If a Member State fails to implement the appropriate adjustments to its national Digital Decade strategic roadmap following policies, measures or actions recommended by the Commission under Article 6 (3), in particular to the respect of trade union and worker’s rights in the digital environment, without providing sufficient reasons, the Commission may adopt a recommendation, including a specific analysis of how this failure could impact the achievement of the objectives and digital targets of this Decision.
Amendment 259 #
Proposal for a decision
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
(1 a) The Commission and the Member States shall cooperate with stakeholders, in particular academics and social partners, regarding the digital transition, as well as the impact of digital transition to workers’ rights, so that all social and human aspects are taken into account for the development and implementation of relevant policies.
Amendment 260 #
Proposal for a decision
Article 11 – paragraph 1
Article 11 – paragraph 1
(1) The Commission shall closely cooperate with private and public stakeholders, including social partners and civil society organisations, to collect information and develop recommended policies, measures and actions for the purposes of the implementation of this Decision.