Factors that may be taken into consideration by Member States or the Commission

1.   In determining whether a foreign direct investment is likely to affect security or public order, Member States and the Commission may consider its potential effects on, inter alia:
(a)
critical infrastructure, whether physical or virtual, including energy, transport, water, health, communications, media, data processing or storage, aerospace, defence, electoral or financial infrastructure, and sensitive facilities, as well as land and real estate crucial for the use of such infrastructure;
(b)
critical technologies and dual use items as defined in point 1 of Article 2 of Council Regulation (EC) No 428/2009
(
15
)
, including artificial intelligence, robotics, semiconductors, cybersecurity, aerospace, defence, energy storage, quantum and nuclear technologies as well as nanotechnologies and biotechnologies;
(c)
supply of critical inputs, including energy or raw materials, as well as food security;
(d)
access to sensitive information, including personal data, or the ability to control such information; or
(e)
the freedom and pluralism of the media.
2.   In determining whether a foreign direct investment is likely to affect security or public order, Member States and the Commission may also take into account, in particular:
(a)
whether the foreign investor is directly or indirectly controlled by the government, including state bodies or armed forces, of a third country, including through ownership structure or significant funding;
(b)
whether the foreign investor has already been involved in activities affecting security or public order in a Member State; or
(c)
whether there is a serious risk that the foreign investor engages in illegal or criminal activities.