A/HRC/50/56 companies to ensure respect for human rights in the development, deployment and use of digital technologies. A series of B-Tech foundational papers on all the three pillars of the Guiding Principles as applied to the technology sector have been issued, which inform much of the substance of the present report. All B-Tech Project activities and engagements are undertaken in close collaboration with States, technology companies, civil society, academia, national human rights institutions and other key actors to ensure that the outputs and guidance respond to the concerns and practical realities of companies and stakeholders. The project also facilitates a company community of practice to advance respect for human rights in the technology industry and enable mutual learning of the Guiding Principles.13 B. State duty to protect (pillar I) 13. While the aim of the Guiding Principles on Business and Human Rights is to close the protection gap in relation to the impact of businesses on human rights, they recognize that the State remains the primary duty bearer under international law to protect human rights. Pillar I of the Guiding Principles, the framework for State action, is anchored in States’ existing human rights obligations. In accordance with the Guiding Principles, States must protect against human rights abuses by business. This requires taking appropriate measures to prevent, investigate, punish and redress human rights abuses involving business, including technology companies.14 14. While recognizing the variety of political systems across jurisdictions and the heterogeneous nature of the sector, alignment with the Guiding Principles in national or multilateral responses to human rights risks related to the technology sector is key. Instead of a proliferation of new and fragmented standards of conduct, alignment of technology company practices with the Guiding Principles can provide predictability for companies and, most importantly, for at-risk stakeholders. At the same time, it creates a fair, level playing field for technology companies to innovate and compete based on rights-respecting conduct. 1. General State regulatory and policy functions 15. As part of their regulatory and policy functions, States are called on to adopt a “smart mix” of voluntary and mandatory measures to require companies, including in the technology sector, to respect human rights (guiding principle 3). 16. The smart mix entails enforcing laws that are aimed at, or have the effect of, requiring technology companies to respect human rights, and periodically assess the adequacy of such laws and address any gaps. An increasing number of States have enacted or are considering legislation15 that will effectively require companies in all sectors to communicate about the presence and effects of human rights due diligence policies and systems. In parallel, many States are elaborating policy frameworks at the national and multilateral levels regarding the development and use of digital technologies, such as those based on data protection and artificial intelligence. These developments, in particular proposals related to mandatory human rights due diligence requirements for companies, will have implications for how technology companies design, develop and sell products and services, for example by mandating greater transparency about the human rights impacts and mitigation measures put in place. 17. As part of the smart mix, some States have been providing incentives for technology companies by making access to export credit conditional, in part, on conducting human rights due diligence. The smart mix can also include providing guidance to business, including on how to address risks to human rights related to the sale of high-risk products in conflictaffected and high-risk areas (guiding principle 7). An example is the human rights due diligence guidance16 issued by the Department of State of the United States of America to 13 14 15 16 4 See OHCHR B-Tech Project, “Reflections on the Status of Business Respect for Human Rights in the Technology Sector”, company community of practice note. See OHCHR B-Tech, “UN Guiding Principles in the Age of Technology”. See https://cyrilla.org/. See https://www.state.gov/wp-content/uploads/2020/09/DRL-Industry-Guidance-Project-FINAL508.pdf.