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They call for transparency, information obligations and accountability for digital services providers and advocate for effective obligations to tackle illegal content online. They include a strong call for maintaining the core principles of the e-Commerce Directive and for protecting fundamental rights in the online environment, as well as online anonymity wherever technically possible. In substance, the resolutions are complementary in many aspects. The European Parliament also adopted a resolution under the non-legislative procedure on the ‘Digital Services Act and fundamental rights issues posed’ 5. The European Parliament adopted two resolutions on the basis of Article 225 of the Treaty on the Functioning of the European Union (TFEU) on the ‘Digital Services Act – Improving the functioning of the Single Market’ 3 and on the ‘Digital Services Act: adapting commercial and civil law rules for commercial entities operating online’ 4. In doing so, the Commission has taken account of the issues identified in the European Parliament’s own initiative reports and analysed the proposals therein.
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In the Communication ‘Shaping Europe’s Digital Future’ 2, the Commission committed to update the horizontal rules that define the responsibilities and obligations of providers of digital services, and online platforms in particular. It has clearly shown the dependency of our economy and society on digital services and highlighted both the benefits and the risks stemming from the current framework for the functioning of digital services. The coronavirus crisis has shown the importance of digital technologies in all aspects of modern life. Digital services can support achieving Sustainable Development Goals by contributing to economic, social and environmental sustainability. At the same time, the use of those services has also become the source of new risks and challenges, both for society as a whole and individuals using such services.
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Those services have contributed deeply to societal and economic transformations in the Union and across the world. Since the adoption of Directive 2000/31/EC 1 (the “e-Commerce Directive”), new and innovative information society (digital) services have emerged, changing the daily lives of Union citizens and shaping and transforming how they communicate, connect, consume and do business.