A/HRC/58/60 least adequately adapt, existing frameworks to address digital cultural heritage, including by establishing sui generis intellectual property regimes on Indigenous knowledge and cultural practices. 66. In addition, UNESCO documents must be interpreted in accordance with cultural rights. Source and heritage communities should be recognized and granted a leading role in all phases of digitalization processes, and they should be involved in the sharing of benefits and the establishment of compensation measures. The Convention on the Protection and Promotion of the Diversity of Cultural Expressions explicitly emphasizes, through its two operational guidelines, the importance of encouraging States to promote complementarity among legal instruments addressing cultural diversity, transparency in trade negotiations affecting cultural goods and services, and close coordination between cultural, trade and other relevant authorities. In the context of digitalization, the Convention should be interpreted as favouring the need for cultural clauses in international trade agreements, particularly those related to e-commerce, that would recognize the specificities of cultural goods and services. Such measures would ensure that the digitalization of cultural heritage is aligned with the Convention’s objectives and would safeguard the capacity of States to implement policies that protect and promote cultural diversity. The Convention for the Safeguarding of the Intangible Cultural Heritage, the Convention on the Protection and Promotion of the Diversity of Cultural Expressions and their respective handbooks and guidelines for implementation must be interpreted to safeguard heritage assets while fully respecting rights holders. Continuous evaluation and review of the measures taken should help to ensure that the processes on the ground are compatible with the rights of individuals and groups to their heritage. Collaborative approaches, such as community-driven agreements, are crucial for balancing the need to protect cultural heritage while ensuring equitable access and participation in the digital space. 67. Clear ethical standards for digital platforms must also be endorsed by organizations, private and public, and by States. Companies can be bound by ethical standards, such as the FAIR (findable, accessible, interoperable and reusable) principles for scientific data management and stewardship, proposed by academics, and the CARE (collective benefit, authority to control, responsibility, ethics) Principles for Indigenous Data Governance, created by Indigenous alliances. Specific principles regarding the digitalization of communities’ sacred knowledge will serve as an important, albeit gentle, safeguard in such cases. To the extent that digital platforms agree to be bound to the principles adopted, this approach can enhance self-regulation and provide for accountability for violations. 68. Moreover, the relationship between digitization, artificial intelligence and copyright has not fully been addressed. Artificial intelligence systems often use digitized cultural content for training purposes, giving rise to the need for careful regulation regarding the source communities of that content. When it comes to decisions regarding heritage data sets, which are increasingly valuable in artificial intelligence development, heritage communities should be recognized as decision-making entities and their moral and material interests respected. I. Long-term preservation to ensure the right to cultural heritage of future generations 69. As for the long-term preservation of any physical assets, the long-term sustainability of digitalized heritage needs to be adequately considered and funded. Many of the current models of digital storage are underfunded and largely reliant on private entities, leaving data retention strategies unclear in the long term. When contracts and licensing agreements with private companies expire, access to and preservation of the digital data may be jeopardized. As technology evolves, digital files may become obsolete, rendering archives inaccessible. Planning for long-term sustainability, archive management, data storage and data security is pivotal, requiring proactive strategies to mitigate the risk of data degradation or obsolescence. To ensure the right to maintain and transmit cultural heritage and the right to cultural heritage of future generations, it is vital that Governments take a more active role in providing consistent funding, oversight and resources to support sustainable preservation initiatives. GE.25-01705 17