Activities of Mark DEMESMAEKER related to 2018/0112(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on promoting fairness and transparency for business users of online intermediation services
Amendments (9)
Amendment 55 #
Proposal for a regulation
Recital 6
Recital 6
(6) A uniform and targeted set of mandatory rules should therefore be established at Union level to ensure a fair, predictable, sustainable and trusted online business environment within the internal market by ensuring, in particular, that the business users of online intermediation services are afforded appropriate transparency as well as effective redress possibilities throughout the Union. Those rules should also provide for appropriate transparency as regards the ranking of corporate website users in the search results generated by online search engines. At the same, those rules should be such as to safeguard the important innovation potential of the wider online platform economy, and further support it for the future.
Amendment 65 #
Proposal for a regulation
Recital 12
Recital 12
(12) In order to effectively protect business users where needed, this Regulation should apply where the terms and conditions of a contractual relationship, regardless of their name or form, are not individually negotiated by the parties to them. Whether or not terms and conditions were individually negotiated should be determined on the basis of an overall assessment, whereby the fact that certain provisions thereof may have been individually negotiated is, in itself, not decisive.Does not affect the English version.)
Amendment 83 #
Proposal for a regulation
Recital 21
Recital 21
(21) Providers of online intermediation services might in certain casesust not restrict in the terms and conditions the ability of business users to offer goods or services to consumers under more favourable conditions through other means than through those online intermediation services. In those cases, the providers concerned should set out the grounds for doing so, in particular with reference to the main economic, commercial or legal considerations for the restrictions. This transparency obligation should however not be understood as affecting the assessment of the legality of such restrictions under other acts of Union law or the law of Member States in accordance with Union law, including in the areas of competition and unfair commercial practices, and the application of such laws.
Amendment 114 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
(8) 'ranking' means the relative prominence given in the search results to the goods or services offered to consumers by business users through online intermediation services, or to websites indexed for consumers by online search engines, as presented, organised or communicated to those consumers by the providers of online intermediation services or by providers of online search engines, respectively, irrespective of the technological means used for such presentation, organisation or communication;
Amendment 124 #
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) set out the objective grounds for decisions to restrict, suspend or terminate, in whole or in part, the provision of their online intermediation services to business users.
Amendment 160 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Providers of online intermediation services and providers of online search engines shall, when complying with the requirements of this Article, not be required to disclose any trade secrets as defined in Article 2(1) of Directive (EU) 2016/943 or any other sensitive information that could undermine their competitive advantage.
Amendment 179 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Where, iIn the provision of their services, providers of online intermediation services may not restrict the ability of business users to offer the same goods and services to consumers under different conditions through other means than through those services, they shall include grounds for that restriction in their terms and conditions and make those grounds easily available to the public. Those grounds shall include the main economic, commercial or legal considerations for those restrictions.
Amendment 181 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 189 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1
Article 9 – paragraph 4 – subparagraph 1
Providers of online intermediation services shall annually establish and make easily available to the public informationmake information available on the functioning and effectiveness of their internal complaint-handling system and ensure that it is readily accessible for business users.