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Activities of Dita CHARANZOVÁ related to 2020/2019(INL)

Opinions (1)

OPINION with recommendations to the Commission on Digital Services Act: adapting commercial and civil law rules for commercial entities operating online
2020/07/09
Committee: IMCO
Dossiers: 2020/2019(INL)
Documents: PDF(170 KB) DOC(60 KB)
Authors: [{'name': 'Dita CHARANZOVÁ', 'mepid': 124708}]

Amendments (9)

Amendment 1 #
Draft opinion
Recital B a (new)
Ba. Whereas the e-commerce Directive1a is the legal framework for online services in the internal market that regulates content management; whereas any fragmentation of that framework, which might result from the revision of the e-commerce Directive should be avoided; __________________ 1a Directive2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1)
2020/05/07
Committee: IMCO
Amendment 31 #
Draft opinion
Paragraph 2
2. Welcomes efforts to bring transparency to advertising online and considers that further clarity and guidance is needed as regards professional diligence and obligations for platforms; believes that where advertisers and advertisement intermediaries are established in a third country, they should designate a legal representative, established in the Union, who can be held accountable for the content of advertisements, in order to allow for consumer redress in the case of false or misleading advertisements;
2020/05/07
Committee: IMCO
Amendment 40 #
Draft opinion
Paragraph 3
3. Asks the Commission to clarify what sanctions or other restrictions those advertisement intermediaries and platforms should be subject to if they knowingly accept false or misleading advertisements; believes that online platforms should activelythrough voluntary measures, monitor the advertisements shown on their sites, in order to ensure they do not profit from false or misleading advertisements, including from influencer marketing content which is not being disclosed as sponsored; underlines that advertisements for commercial products and services, and advertisements of a political or other nature are different in form and function and therefore should be subject to different guidelines and rules;
2020/05/07
Committee: IMCO
Amendment 55 #
Draft opinion
Paragraph 4
4. While recalling earlier efforts, asks the Commission to further review the practice of End User Licensing Agreements (EULAs) and Terms and Conditions Agreements (T&Cs) and to seek ways to allow greater and easier engagement for consumers, including in the choice of clauses; notes that EULAs and T&Cs are often accepted by users without reading them; moreover notes that when a EULA and T&Cs does allow for users to opt-out of clauses, platformservice providers may require users to do so at each use, often in bad faith, to encourage acceptance;
2020/05/07
Committee: IMCO
Amendment 57 #
Draft opinion
Paragraph 4 a (new)
4a. Believes that a summary text of a T&C and EULA, written in plain and clear language, including the option to "opt out" easily from optional clauses, should be displayed at the start of any such agreement; believes that the Commission should establish a template for T&Cs and EULAs summaries;
2020/05/07
Committee: IMCO
Amendment 64 #
Draft opinion
Paragraph 5
5. Underlines that EULAs and T&Cs should always make the sharing of all data with third parties optional unless vital to the functioning of the services; asks the Commission to ensure that consumers can still use a connected device for all its primary functions even if a consumer withdraws their consent to share non- operational data with the device manufacturer or third parties;
2020/05/07
Committee: IMCO
Amendment 85 #
Draft opinion
Paragraph 8 a (new)
8a. Asks the Commission to undertake a revision of Regulation (EU) No 910/20141a (the eIDAS Regulation) in the light of development of virtual identification technologies, including the use of identification applications, in order to ensure that a Virtual "ID" can be used in the same way as a physical card when consumers buy or pay for products and services; __________________ 1a Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).
2020/05/07
Committee: IMCO
Amendment 88 #
Draft opinion
Paragraph 8 b (new)
8b. Asks the Commission to explore the possibility to present, as part of the Digital Services Act Package several proposals, including on contractual rights in the context of supply of digital services, as referred to in recommendations set out in the Annex;
2020/05/07
Committee: IMCO
Amendment 89 #
Draft opinion
Annex (new)
ANNEX TO THE MOTION FOR A RESOLUTION: DETAILED RECOMMENDATIONS AS TO THE CONTENT OF THE PROPOSALS REQUESTED A. PRINCIPLES AND AIMS OF THE REQUESTED PROPOSALS OF THE DIGITAL SERVICES ACT PACKAGE The Digital Services Act package should consist of: · a comprehensive legislative proposal, revising the E-commerce Directive with the aim to improve the functioning of the internal market and the free movement of digital services; · a legislative proposal on ex-ante regulation of large platforms strengthening transparency, building on Regulation (EU) 2019/11501a (the Platforms to Business Regulation); · proposals on contractual rights in the context of supply of digital services, ancillary to the Digital Services Act, as part of a package, based on the recommendations set out in this Annex, following a thorough analysis of the transposition and implementation of recently adopted legal instruments in the area of consumer protection. B. RECOMMENDATIONS Recommendation 1 Purpose The proposals should aim to strengthen civil and commercial law rules applicable to commercial entities operating online with respect to digital services, including civil and commercial law aspects of distributed ledger technologies and, in particular, smart contracts. The proposals should also seek to make licensing and terms and conditions agreements more understandable, and give individuals a real option to opt-out of some clauses or to negotiate individual terms. Recommendation 2 Scope The proposals on contractual rights should only focus on civil and commercial law aspects and should not affect the E- commerce Directive. They should be without prejudice to the rules on advertising, set out by Directive 2005/29/EC on Unfair Commercial Practices. Recommendation 3 General principles Principle of transparency Any terms and conditions or other clauses of use should be easily accessible and easy to understand, and clear and plain language should be used, including with regard to End User Licensing Agreements (EULAs). The proposal should establish a template for a terms and conditions or EULA summary, to be displayed at the start of any such agreement. Principle of fairness Any terms and conditions or other clauses of use that are not strictly essential to provide a digital service or required by law should be amendable or removable before acceptance by an end-user (‘opt- out’). Businesses could equally limit some services if an individual should choose such ‘opt-outs’ but not deny access altogether or restrict essential elements of a digital service or a physical product linked or otherwise connected to a digital service. Principle of legal certainty It should be clearly established that whenever, among others, terms and conditions, EULAs, and smart contracts fall under the legal definition of a contract, all relevant provisions on consumer protection, set out in the Consumer Rights Directive, should apply. The proposal should seek to clarify if explicit consent can be assumed by the mere acceptance of terms and conditions or use of a digital service is done without evidence that an end-user has read such terms and conditions or other clauses of use. Penalties Member States should lay down the rules on penalties applicable to infringements of rules on contractual rights and take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. __________________ 1aRegulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (OJ L 186, 11.7.2019, p. 57).
2020/05/07
Committee: IMCO