Activities of Marie-Christine BOUTONNET 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 (48)
Amendment 48 #
Proposal for a regulation
Recital 5
Recital 5
(5) Online intermediation services and online search engines, as well as the commercial transactions facilitated by those services, have an intrinsic cross- border potential and are of particular importance for the proper functioning of the Union's internal market in today's economy. The potentially unfair and harmful trading practices of certain providers of those services in respect of business users and corporate website users hamper the full realisation of that potential and negatively affect the proper functioning of the internal market. In addition, the full realisation of that potential is hampered, and the proper functioning of the internal market is negatively affected, by diverging laws of certain Member States which, with a varying degree of effectiveness, regulate those services, while other Member States are considering adopting such laws.
Amendment 59 #
Proposal for a regulation
Recital 9
Recital 9
(9) Examples of online intermediation services covered by this Regulation should consequently include online e-commerce market places, including collaborative ones on which business users are active, online software applications services and, online social media services and voice assistance services. However, this Regulation should not apply to online advertising serving tools or online advertising exchanges which are not provided with the aim of facilitating the initiation of direct transactions and which do not involve a contractual relationship with consumers. This Regulation should also not apply to online payment services, since they do not themselves meet the applicable requirements but are rather inherently auxiliary to the transaction for the supply of goods and services to the consumers concerned.
Amendment 63 #
Proposal for a regulation
Recital 11
Recital 11
(11) For reasons of consistency, the definition of online search engine used in this Regulation should be aligned with the definition used in Directive (EU) 2016/1148 of the European Parliament and of the Council21. This definition should be understood – including for the purposes of this regulation – to include voice-based searches. _________________ 21 Directive (EU) 2016/1148 of the European Parliament and of the Council concerning measures for a high common level of security of network and information systems across the Union (OJ L 194, 19.7.2016, p. 1).
Amendment 65 #
Proposal for a regulation
Recital 12
Recital 12
(12) In order to effectively protect business users where needed, this Regulation should apply whereto 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.
Amendment 73 #
Proposal for a regulation
Recital 14
Recital 14
(14) Ensuring transparency in the general terms and conditions can be essential to promoting sustainable business relationships and to preventing unfair behaviour to the detriment of business users. What is more, these terms and conditions should be objective, non- discriminatory, fair and reasonable. Providers of online intermediation services should therefore also ensure that the terms and conditions are easily available at all stages of the contractual relationship, including to prospective business users at the pre-contractual phase, and that any modifications to those terms are notified to business users within a set notice period which is reasonable and proportionate in light of the specific circumstances and which is at least 15 days. That notice period should not apply where, and to the extent that, it is waived in an unambiguous manner by the business user concerned or where, and to the extent that, the need to implement the modification without respecting the notice period stems from a legal obligation incumbent on the service provider under Union or national law.
Amendment 75 #
Proposal for a regulation
Recital 5
Recital 5
(5) Online intermediation services and online search engines, as well as the commercial transactions facilitated by those services, have an intrinsic cross- border potential and are of particular importance for the proper functioning of the Union’s internal market in today’s economy. The potentially unfair and harmful trading practices of certain providers of those services in respect of business users and corporate website users hamper the full realisation of that potential and negatively affect the proper functioning of the internal market. In addition, the full realisation of that potential is hampered, and the proper functioning of the internal market is negatively affected, by diverging laws of certain Member States which, with a varying degree of effectiveness, regulate those services, while other Member States are considering adopting such laws.
Amendment 75 #
Proposal for a regulation
Recital 15
Recital 15
(15) In order to protect business users it should be possible for a competent court to establish that non-compliant terms and conditions are not binding on the business user, non-compliant terms and conditions should be concsiderned, with effects ex nunc. Any such finding by a co null and void. Any such measurte should however only concern the specific provisions of the terms and conditions which are not compliant. The remaining provisions should remain valid and enforceable, in as far as they can be severed from the non- compliant provisions. Sudden modifications to existing terms and conditions may significantly disrupt business users' operations. In order to limit such negative effects on business users, and to discourage such behaviour, modifications made in contravention of the obligation to provide a set notice period, should therefore be null and void, that is, deemed to have never existed with effects erga omnes and ex tunc.
Amendment 81 #
Proposal for a regulation
Recital 17
Recital 17
(17) The ranking of goods and services by the providers of online intermediation services has an important impact on consumer choice and, consequently, on the commercial success of the business users offering those goods and services to consumers. Providers of online intermediation services should therefore clearly and precisely outline the main parameters determining ranking beforehand, in order to improve predictability for business users, to allow them to better understand the functioning of the ranking mechanism and to enable them to compare the ranking practices of various providers. The notion of main parameter should be understood to refer to any general criteria, processes, specific signals incorporated into algorithms or other adjustment or demotion mechanisms used in connection with the ranking. The description of the main parameters determining ranking should also include an explanation of any possibility for business users to actively influence ranking against remuneration, as well as of the relative effects thereof. This description should provide business users with an adequate understanding of how the ranking mechanism takes account of the characteristics of the actual goods or services offered by the business user, and their relevance to the consumers of the specific online intermediation services. Online intermediation service providers should also provide consumers with a description of the parameters that affect ranking. The parameters should be objective and non-discriminatory and should be applied in a consistent and non-discriminatory way.
Amendment 84 #
Proposal for a regulation
Recital 18
Recital 18
(18) Similarly, the ranking of websites by the providers of online search engines, notably of those websites through which undertakings offer goods and services to consumers, has an important impact on consumer choice and the commercial success of corporate website users. Providers of online search engines should therefore provide a clear and precise description of the main parameters determining the ranking of all indexed websites, including those of corporate website users as well as other websites. In addition to the characteristics of the goods and services and their relevance for consumers, this description should in the case of online search engines also allow corporate website users to obtain an adequate understanding of whether, and if so how and to what extent, certain design characteristics of the website used, such as their optimisation for display on mobile telecommunications devices, is taken into account. In the absence of a contractual relationship between providers of online search engines and corporate website users, that description should be available to the public in an obvious and easily accessible location on the relevant online search engine. To ensure predictability for corporate website users, the description should also be kept up to date, including the possibility that any changes to the main parameters should be made easily identifiable. Whilst the providers are under no circumstances required to disclose any trade secrets as defined in Directive (EU) 2016/943 of the European Parliament and of the Council23 when complying with this requirement to disclose the main ranking parameters, the description given should at least be based on actual data on the relevance of the ranking parameters used. A description of these main parameters should also be available to consumers. The parameters should be objective and non-discriminatory and should be applied in a consistent and non-discriminatory way. _________________ 23 Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (OJ L 157, 15.6.2016, p. 1).
Amendment 87 #
Proposal for a regulation
Recital 19
Recital 19
(19) Where a provider of online intermediation services itself offers certain goods or services to consumers through its own online intermediation services, or does so through a business user which it controls, that provider may compete directly with other business users of its online intermediation services which are not controlled by the provider. In this case, the online intermediation services provider has both an economic incentive and the power to use its privileged position to give its own services or those it controls economic and technical benefits, and to refuse to grant those benefits to competing user companies. If it does this, it denies competing user companies a level playing field to conduct their business, and this can, in turn, be detrimental to consumers by reducing choice, increasing costs and restricting access to information and online services. In such situations, in particular, it is important that the provider of online intermediation services acts in a transparent manner and provides a description of any differentiated treatment, whether through legal, commercial or technical means, that it might give in respect of goods or services it offers itself compared to those offered by business users. For the purposes of this regulation, the concept of a competing service should be understood as a service which consumers consider interchangeable or substitutable because of its characteristics, price or usage. To ensure proportionality, this obligation should apply at the level of the overall online intermediation services, rather than at the level of individual goods or services offered through those services.
Amendment 91 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) In some cases, the imbalance in bargaining power between the provider of online intermediation services and other user companies results in a significant imbalance in the rights and obligations of parties to the contract, which harms the interests of the user companies. In this case, the online intermediation services provider should apply fair treatment to user companies. In doing so, it should avoid practices which undermine companies’ freedom and ability to carry out their business activities.
Amendment 108 #
Proposal for a regulation
Recital 9
Recital 9
(9) Examples of online intermediation services covered by this Regulation should consequently include online e-commerce market places, including collaborative ones on which business users are active, online software applications services and, online social media services and voice assistance services. However, this Regulation should not apply to online advertising serving tools or online advertising exchanges which are not provided with the aim of facilitating the initiation of direct transactions and which do not involve a contractual relationship with consumers. This Regulation should also not apply to online payment services, since they do not themselves meet the applicable requirements but are rather inherently auxiliary to the transaction for the supply of goods and services to the consumers concerned.
Amendment 112 #
Proposal for a regulation
Recital 31
Recital 31
(31) As the objective of this Regulation, namely to ensure a fair, predictable, sustainable and trusted online business environmentIn accordance within the internal market, cannot be sufficiently achieved by the Member States, but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarprinciple of proportionality, as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.
Amendment 113 #
Proposal for a regulation
Article premier – paragraph 1
Article premier – paragraph 1
1. This Regulation lays down rules to ensure that business users of online intermediation services and corporate website users in relation to online search engines are granted appropriate transparency, fairness and effective redress possibilities. This regulation shall be without prejudice to national civil law, particularly contract law and national legislation prohibiting or penalising unilateral behaviour or unfair commercial practices.
Amendment 121 #
Proposal for a regulation
Recital 11
Recital 11
(11) For reasons of consistency, the definition of online search engine used in this Regulation should be aligned with the definition used in Directive (EU) 2016/1148 of the European Parliament and of the Council21. This definition should be understood – including for the purposes of this regulation – to include voice-based searches. _________________ 21 Directive (EU) 2016/1148 of the European Parliament and of the Council concerning measures for a high common level of security of network and information systems across the Union (OJ L 194, 19.7.2016, p. 1).
Amendment 124 #
Proposal for a regulation
Recital 12
Recital 12
(12) In order to effectively protect business users where needed, this Regulation should apply whereto 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.
Amendment 136 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) ‘corporate website user’ means any natural or legal person which uses websites or mobile applications to offer goods or services to consumers for purposes relating to its trade, business, craft or profession;
Amendment 138 #
Proposal for a regulation
Recital 14
Recital 14
(14) Ensuring transparency in the general terms and conditions can be essential to promoting sustainable business relationships and to preventing unfair behaviour to the detriment of business users. What is more, these terms and conditions should be objective, non- discriminatory, fair and reasonable. Providers of online intermediation services should therefore also ensure that the terms and conditions are easily available at all stages of the contractual relationship, including to prospective business users at the pre-contractual phase, and that any modifications to those terms are notified to business users within a set notice period which is reasonable and proportionate in light of the specific circumstances and which is at least 15 days. That notice period should not apply where, and to the extent that, it is waived in an unambiguous manner by the business user concerned or where, and to the extent that, the need to implement the modification without respecting the notice period stems from a legal obligation incumbent on the service provider under Union or national law.
Amendment 142 #
Proposal for a regulation
Recital 15
Recital 15
(15) In order to protect business users it should be possible for a competent court to establish that non-compliant terms and conditions are not binding on the business user, non-compliant terms and conditions should be concsiderned, with effects ex nunc. Any such finding by a co null and void. Any such measurte should however only concern the specific provisions of the terms and conditions which are not compliant. The remaining provisions should remain valid and enforceable, in as far as they can be severed from the non- compliant provisions. Sudden modifications to existing terms and conditions may significantly disrupt business users’ operations. In order to limit such negative effects on business users, and to discourage such behaviour, modifications made in contravention of the obligation to provide a set notice period, should therefore be null and void, that is, deemed to have never existed with effects erga omnes and ex tunc.
Amendment 147 #
Proposal for a regulation
Article 3 – paragraph 1 – point b a (new)
Article 3 – paragraph 1 – point b a (new)
(ba) are objective, non-discriminatory, fair and reasonable; and
Amendment 148 #
(c) set out the objective, non- discriminatory and reasonable grounds for decisions to suspend or terminate, in whole or in part, the provision of their online intermediation services to business users, taking account of all the circumstances, notably when there is no direct alternative to their services.
Amendment 154 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Terms and conditions, or specific provisions thereof, which do not comply with the requirements of paragraph 1 shall not be bindingbe null and void, without prejudice to the validity onf the business user concerned where such non-compliance is established by a competent courtremaining provisions, which shall remain valid and applicable in so far as they can be separated from the non-compliant provisions.
Amendment 163 #
Proposal for a regulation
Recital 17
Recital 17
(17) The ranking of goods and services by the providers of online intermediation services has an important impact on consumer choice and, consequently, on the commercial success of the business users offering those goods and services to consumers. Providers of online intermediation services should therefore clearly and precisely outline the main parameters determining ranking beforehand, in order to improve predictability for business users, to allow them to better understand the functioning of the ranking mechanism and to enable them to compare the ranking practices of various providers. The notion of main parameter should be understood to refer to any general criteria, processes, specific signals incorporated into algorithms or other adjustment or demotion mechanisms used in connection with the ranking. The description of the main parameters determining ranking should also include an explanation of any possibility for business users to actively influence ranking against remuneration, as well as of the relative effects thereof. This description should provide business users with an adequate understanding of how the ranking mechanism takes account of the characteristics of the actual goods or services offered by the business user, and their relevance to the consumers of the specific online intermediation services. Online intermediation service providers should also provide consumers with a description of the parameters that affect ranking. The parameters should be objective and non-discriminatory and should be applied in a consistent and non- discriminatory way.
Amendment 164 #
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Modifications to terms and conditions implemented by a provider of online intermediation services contrary to the provisions of paragraph 3 shall be null and void, without prejudice to the validity of the remaining provisions, which shall remain valid and applicable in so far as they can be separated from the non- compliant provisions.
Amendment 168 #
Proposal for a regulation
Recital 18
Recital 18
(18) Similarly, the ranking of websites by the providers of online search engines, notably of those websites through which undertakings offer goods and services to consumers, has an important impact on consumer choice and the commercial success of corporate website users. Providers of online search engines should therefore provide a clear and precise description of the main parameters determining the ranking of all indexed websites, including those of corporate website users as well as other websites. In addition to the characteristics of the goods and services and their relevance for consumers, this description should in the case of online search engines also allow corporate website users to obtain an adequate understanding of whether, and if so how and to what extent, certain design characteristics of the website used, such as their optimisation for display on mobile telecommunications devices, is taken into account. In the absence of a contractual relationship between providers of online search engines and corporate website users, that description should be available to the public in an obvious and easily accessible location on the relevant online search engine. To ensure predictability for corporate website users, the description should also be kept up to date, including the possibility that any changes to the main parameters should be made easily identifiable. Whilst the providers are under no circumstances required to disclose any trade secrets as defined in Directive (EU) 2016/943 of the European Parliament and of the Council23 when complying with this requirement to disclose the main ranking parameters, the description given should at least be based on actual data on the relevance of the ranking parameters used. A description of these main parameters should also be available to consumers. The parameters should be objective and non-discriminatory and should be applied in a consistent and non-discriminatory way. _________________ 23 Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (OJ L 157, 15.6.2016, p. 1).
Amendment 173 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where a provider of online intermediation services decides to suspend or terminate, in whole or in part, the provision of its online intermediation services to a given business user, it shall provide the business user concerned, without undue delay, with a statement of reasons for that decision, giving at least 15 days’ notice.
Amendment 177 #
Proposal for a regulation
Recital 19
Recital 19
(19) Where a provider of online intermediation services itself offers certain goods or services to consumers through its own online intermediation services, or does so through a business user which it controls, that provider may compete directly with other business users of its online intermediation services which are not controlled by the provider. In this case, the online intermediation services provider has both an economic incentive and the power to use its privileged position to give its own services or those it controls economic and technical benefits, and to refuse to grant those benefits to competing user companies. If it does this, it denies competing user companies a level playing field to conduct their business, and this can, in turn, be detrimental to consumers by reducing choice, increasing costs and restricting access to information and online services. In such situations, in particular, it is important that the provider of online intermediation services acts in a transparent manner and provides a description of any differentiated treatment, whether through legal, commercial or technical means, that it might give in respect of goods or services it offers itself compared to those offered by business users. For the purposes of this regulation, the concept of a competing service should be understood as a service which consumers consider interchangeable or substitutable because of its characteristics, price or usage. To ensure proportionality, this obligation should apply at the level of the overall online intermediation services, rather than at the level of individual goods or services offered through those services.
Amendment 182 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) In some cases, the imbalance in bargaining power between the provider of online intermediation services and other user companies results in a significant imbalance in the rights and obligations of parties to the contract, which harms the interests of the user companies. In this case, the online intermediation services provider should apply fair treatment to user companies. In doing so, it should avoid practices which undermine companies’ freedom and ability to carry out their business activities.
Amendment 186 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Providers of online intermediation services shall set out clearly and precisely in their terms and conditions the main parameters determining ranking and the reasons for the relative importance of those main parameters as opposed to other parameters. The parameters must be objective and non-discriminatory and must be applied in a consistent and non-discriminatory way.
Amendment 216 #
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) any direct or indirect remuneration charged for the use of the online intermediation services concerned or any ancillary services, and any technical or economic benefit that it does not extend to all business users;
Amendment 220 #
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
Amendment 225 #
Proposal for a regulation
Recital 31
Recital 31
(31) As the objective of this Regulation, namely to ensure a fair, predictable, sustainable and trusted online business environmentIn accordance within the internal market, cannot be sufficiently achieved by the Member States, but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarprinciple of proportionality, as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.
Amendment 230 #
1. This Regulation lays down rules to ensure that business users of online intermediation services and corporate website users in relation to online search engines are granted appropriate transparency and fair and effective redress possibilities. This regulation shall be without prejudice to national civil law, particularly contract law and national legislation prohibiting or penalising unilateral behaviour or unfair commercial practices.
Amendment 243 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Where, in the provision of their services, providers of online intermediation services 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 restriction shall be objectively justified, non-discriminatory and fair. Providers of online intermediation services 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 252 #
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) process complaints swiftly and effectively, taking into account the importance and complexity of the issue raised and providing in all instances, within 15 days, an initial reply stating in particular how long it will take to process the complaint concerned;
Amendment 274 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) ‘corporate website user’ means any natural or legal person which uses websites or mobile applications to offer goods or services to consumers for purposes relating to its trade, business, craft or profession;
Amendment 299 #
Proposal for a regulation
Article 3 – paragraph 1 – point b a (new)
Article 3 – paragraph 1 – point b a (new)
(ba) are objective, non-discriminatory, fair and reasonable; and
Amendment 305 #
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) set out the objective, non- discriminatory and reasonable grounds for decisions to suspend or terminate, in whole or in part, the provision of their online intermediation services to business users, taking account of all the circumstances, notably when there is no direct alternative to their services.
Amendment 313 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Terms and conditions, or specific provisions thereof, which do not comply with the requirements of paragraph 1 shall not be bindingbe null and void, without prejudice to the validity onf the business user concerned where such non-compliance is established by a competent courtremaining provisions, which shall remain valid and applicable in so far as they can be separated from the non-compliant provisions.
Amendment 323 #
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13a Sanctions Member States shall lay down the penalties applicable to infringements of the provisions and obligations contained in this Regulation and shall take the necessary measures to apply them. Those penalties must be effective, proportionate and dissuasive.
Amendment 342 #
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Modifications to tTerms and conditions implemented by a provid, or specific provisions ther eof online intermediation services contrary to the provisions of paragraph 3 shall be null and void, which do not comply with the requirements of paragraph 3 shall be null and void, without prejudice to the validity of the remaining provisions, which shall remain valid and applicable in so far as they can be separated from the non-compliant provisions.
Amendment 360 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where a provider of online intermediation services decides to suspend or terminate, in whole or in part, the provision of its online intermediation services to a given business user, it shall provide the business user concerned, without undue delay, with a statement of reasons for that decision, giving at least 15 days’ notice.
Amendment 390 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Providers of online intermediation services shall set out clearly and precisely in their terms and conditions the main parameters determining ranking and the reasons for the relative importance of those main parameters as opposed to other parameters. The parameters must be objective and non-discriminatory and must be applied in a consistent and non-discriminatory way.
Amendment 465 #
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) any direct or indirect remuneration charged for the use of the online intermediation services concerned or any ancillary services, and any technical or economic benefit that it does not extend to all business users;
Amendment 476 #
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. When providers of online intermediation services or any user company controlled by those providers offer goods or services which are in competition with those offered by other user companies, the providers of online intermediation services must treat such other user companies fairly, so as not to compromise those companies’ ability and freedom to trade. This fair treatment shall entail: (a) allowing consumers to choose the services to which they have access via the online intermediation service without imposing unjustified constraints on them – for example, by ignoring or changing their default parameters – in making that choice; (b) refraining from interference in the trading relationships between user companies and the consumers who use those companies’ services, and particularly from blocking or otherwise inhibiting exchanges of information or communication between the companies and the consumers, inter alia through the use of advertisements or marketing operations; (c) granting user companies the information required to obtain a degree of interoperability with the provider of online intermediation services, or with its ancillary services, which is the same as that afforded to the services offered by the provider of online intermediation services itself; (d) not denying user companies technical or economic benefits which the provider of online intermediation services extends directly or indirectly to its own services.
Amendment 538 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Where, in the provision of their services, providers of online intermediation services 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 restriction shall be objectively justified, non-discriminatory and fair. Providers of online intermediation services 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 565 #
(b) process complaints swiftly and effectively, taking into account the importance and complexity of the issue raised and providing in all instances, within 15 days, an initial reply stating in particular how long it will take to process the complaint concerned;
Amendment 707 #
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13a Penalties Member States shall lay down the penalties applicable to infringements of the provisions and obligations contained in this Regulation and shall take the necessary measures to apply them. Penalties shall be effective, proportionate and dissuasive.