Activities of Julia REDA related to 2015/2147(INI)
Plenary speeches (1)
Towards a Digital Single Market Act (debate)
Shadow reports (1)
REPORT on Towards a Digital Single Market Act PDF (619 KB) DOC (373 KB)
Shadow opinions (1)
OPINION on Towards a Digital Single Market Act
Amendments (66)
Amendment 14 #
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that stimulating growth, innovation, consumer choice and competitiveness is of the utmost importance and believes that the digital single market is key to achieving this objective by removing barriers to trade, streamlining processes for online businesses, facilitating legal access to knowledge and creative works, and supporting creators, researchers, investors and consumers; calls in this regard for competitiveness tests on all new proposals;
Amendment 25 #
Motion for a resolution
Citation 51 a (new)
Citation 51 a (new)
- having regard to the study conducted by the European Parliament Research Service on Mapping the Cost of Non- Europe, 2014 – 19 (10.2861/52903 March 2014,
Amendment 28 #
Motion for a resolution
Citation 51 b (new)
Citation 51 b (new)
- having regard to the Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of data bases (OJ L77, 27.03.1996 p20),
Amendment 31 #
Motion for a resolution
Citation 51 c (new)
Citation 51 c (new)
- having regard to the First evaluation of Directive 96/9/EC on the legal protection of databases,
Amendment 33 #
Motion for a resolution
Citation 51 d (new)
Citation 51 d (new)
- having regard to the Communication from the Commission on Unleashing the potential of Crowdfunding in the European Union (COM(2014)0172final),
Amendment 50 #
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for targeted, evidence-based reforms to enhanceensuring cross-border access to legally available online content but stresses the importance of no; considers that in addition to enabling portability of online services, cross-border access to works that mcandating pan-European licences; calls instead for reforms to enable the enhanced portability of legally acquired content to be prioritised; not yet be legally accessed from every member state is necessary for completing the Digital Single Market; stresses that efforts to facilitate fair and reasonable licensing terms across the EU, to be conducted by both market players and the legislator, are necessary in order to enable new legal offers and new business models, better access to cultural diversity and greater legal certainty;
Amendment 69 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes that current industry practices prevent cross-border access to works, particularly in the audio-visual sector, thus discriminating against cultural minorities and potentially conflicting with the free movement of services; welcomes the initiative of the Commission to conduct a public consultation on Directive 93/83/EEC on satellite broadcasting and cable retransmission, to explore extending the directive's scope to online communication of audio-visual works via streaming and video-on-demand, which would significantly benefit the ability of public broadcasting services to fulfil their public interest mission in the digital age and contribute to the completion of the digital single market;
Amendment 74 #
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Believes that achieving a digital single market is closely aligned with the reform of the EU legal framework applicable to copyright, which should be conducted in accordance with a fair balance between all the interests involved;
Amendment 76 #
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Calls upon the Commission to follow the recommendations adopted by the Parliament in the own-initiative report of the Committee on Legal Affairs on the implementation of Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society (2014/2256(INI));
Amendment 77 #
Draft opinion
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Recalls that exceptions from and limitations to copyright are a key aspect of the copyright system and that a notable contribution to economic growth, innovation, and job creation in the EU is generated by institutions relying on such exceptions and limitations; considers that a harmonised framework for exceptions and limitations should be able to address the fragmented market, to improve legal certainty and to foster cross-border accessibility of knowledge and culture, to allow equal access to cultural diversity across the EU, and to conform to consumer expectations;
Amendment 78 #
Draft opinion
Paragraph 2 e (new)
Paragraph 2 e (new)
2e. Welcomes the European Commission's ambition to strengthen European research and innovation by improving cross-border use of copyright- protected material through a more transparent and harmonised legal framework; considers that this effort is central in enhancing access to knowledge and online education, and in improving the global competitiveness of European educational institutions;
Amendment 79 #
Draft opinion
Paragraph 2 f (new)
Paragraph 2 f (new)
2f. Stresses that innovation in research for any purpose, based on the use of text and data mining (e.g. copying of text and datasets in search of significant correlations or occurrences), needs greater legal certainty to enable researchers and educational institutions to make wider use of copyright-protected material, including across borders, so that they can benefit from the potential of these technologies and from cross-border collaboration;
Amendment 80 #
Draft opinion
Paragraph 2 g (new)
Paragraph 2 g (new)
2g. Notes that the distinction between commercial and non-commercial purposes, when applying copyright exceptions and limitations, has led to significant legal uncertainty; stresses that such ambiguity should be avoided in the definition of exceptions and limitations;
Amendment 81 #
Draft opinion
Paragraph 2 h (new)
Paragraph 2 h (new)
2h. Highlights that efforts to update the copyright framework should not solely be based on economic considerations, but also on the need to facilitate the creation of a European public sphere and ensure the protection of fundamental rights;
Amendment 82 #
Draft opinion
Paragraph 2 i (new)
Paragraph 2 i (new)
2i. Notes that 56% of Europeans use the internet for cultural purposes, highlights the importance of several copyright exceptions such as news reporting, quotation, freedom of panorama, caricature, parody and pastiche for cultural exchange online within the Union;
Amendment 83 #
Draft opinion
Paragraph 2 j (new)
Paragraph 2 j (new)
2j. Stresses that the digital single market should give the opportunity to ensure accessibility for all, and especially for people with disabilities, to products and services protected by copyright and related rights; urges the EU to ratify the Marrakesh Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities, which requires a harmonised mandatory exception to the benefit of persons with print disabilities and allows for the cross-border exchange of accessible format copies;
Amendment 84 #
Draft opinion
Paragraph 2 k (new)
Paragraph 2 k (new)
2k. Notes the obstacles created by patent protection and licensing terms on interoperability, in particular for software; considers that the promotion of ICT-standards must not discriminate against open source software in order to support the digital single market and associated development of innovative SMEs in Europe, especially when based on open source business models;
Amendment 89 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas, according to the European Parliament Research Service cost of non- Europe study, completing the Digital Single Market could contribute 415 billion Euro to European GDP;
Amendment 108 #
Draft opinion
Paragraph 3
Paragraph 3
3. Believes that internet service providers should bear greater responsibility for illegal content made available on the internet and should, along with other actors in the suppmust be neutral toward the information they transmit; reminds that online intermediaries should not bear responsibility for illegal content made available on the internet unless they obtain actual knowledge or awareness of illegal activity and upon obtaining such knowledge or awareness, fail to act expeditiously; chain such as payment providers, play a significant role in tackling copyright abusesonsiders that no review of the relevant framework should be undertaken without thorough, targeted and evidence-based analysis, while taking into account all relevant public consultations already conducted by the Commission on the issue and avoiding any privatisation of law enforcement;
Amendment 146 #
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that copyright enforcement is important and therefore calls for a modernised approach to the enforcWelcomes the Commission’s action plan to modernise the enforcement of intellectual property rights online, with regard to commercial-scale infringement, highlights in this context that the concept of "commercial scale" needs to be precisely defined, while enabling full transparency of the infringement procedures, the status of the validity of the rights and the identity of the owners involved in each situation; emphasizes the duty of the European Observatory on Infringements of iIntellectual pProperty rRights online, particularly with regard to commercial- scale infringementto generate reliable data and objective analysis of the real impacts of infringements for economic actors;
Amendment 153 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Notes that lack of evidence underpinning copyright enforcement measures has been identified by the Commission as a problem1 a which should be rectified; __________________ 1aEuropean Commission, Joint Research Centre, Institute for Prospective Technological Studies, Digital Economy Working Paper 2015/01
Amendment 156 #
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Welcomes the Commission’s aim to address abusive uses of notice and takedown procedures in the framework of copyright online infringement claims; stresses that these procedures must not undermine copyright exceptions and limitations;
Amendment 157 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas building a data economy heavily depends on a legal framework that encourages the development, curation, maintenance and augmentation of databases and is therefore dependent on a legal framework that is innovation friendly and practical;
Amendment 161 #
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas crowdfunding is a new, innovative and market-led approach to reducing barriers to investment in new projects and ideas, which has great potential to create jobs and growth, as well as facilitate socially beneficial investments;
Amendment 167 #
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the Commission’s aim to withdraw theAsks for the careful consideration of the Commission’s proposal on a Common European Sales Law and the intention to propose rules for digital content; notes the proposal to introduce the ‘home option’ in order to bring down barriers to cross- border trade; insists on the need for comprehensive evidence and consultation with stakeholders before this approach is pursued, in particular as regards the impact it would have on the current protection provided to consumers under national law, especially in terms of remedies for failure to comply with the terms of contracts for online sales.legal certainty as to the choice of law and the application of the Rome I Regulation;
Amendment 197 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes that better regulation should help to examine policy through a digital lens and facilitate the adaptation of legislation and enforcement frameworks in the light of new technologies and new business models to prevent fragmentation of theencourage the development of the digital single market;
Amendment 266 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses the urgent need for the Commission and Member States to promote a more dynamic economy for innovation to flourish and for companies to scale up, through the development of e- government, a modernised regulatory framework fit for the emergence and scale- up of innovative businesses and funding models, and a long term investment strategy in infrastructure, skills, research and innovation;
Amendment 283 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission, in cooperation with Member States, to further develop initiatives to boost entrepreneurship that range from changing the mind-set on how success is defined to promoting an entrepreneurial and innovation culture; believes, in addition, that the diversity and specific attributes of the different national innovation hubs could be turned into a real competitive advantage for the EU if, they are effectivelyrefore encourages their interconnectedion;
Amendment 334 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Regrets that the Commission's strategy neglects the accessibility aspect; reminds the Commission that there are 80 million EU citizens with disabilities and an aging population of 190 million of 50+; calls therefore on the Commission to ensure an appropriate level of accessibility in all legislative and non- legislative proposals related to the Digital Single Market; emphasises that accessibility is best achieved and cost- effectively introduced when incorporated from the outset;
Amendment 364 #
Motion for a resolution
Heading 2
Heading 2
2. BETTER ONLINE ACCESS FOR CONSUMERS AND BUSINESSES ACROSS EUROPE TO THE DIGITAL SINGLE MARKET
Amendment 367 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the Commission’s initiative to improve the legal protection of consumers as regards intangible digital content; points out that while consumers buying tangible digital contentcontent on a tangible medium are protected by consumer protection laws, consumer rights when buying intangible digital content online remain largely unregulated; agrees that consumers should enjoy a comparable level of protection regardless of whether they purchase digital content online or offlineconsiders that this is due to digital content wrongly being classified as services due to the overly broad definition of Information Society services in Directive 98/48/EC; agrees that consumers should enjoy a comparable level of protection regardless of whether they purchase content online or offline; therefore recommends that the definition of services in Directive 98/48/EC be narrowed so as to exclude digital content provided at the request of the end-user, paid for by end-users for individual use, and received as digital files;
Amendment 385 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Considers that the current consumer rights acquis should be updated where appropriate in light of the development of eCommerce and the purchasing of tangible goods online, be it a domestic or cross-border purchase;
Amendment 408 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Believes that a full harmonisation of the legal framework governing online sales irrespective of whether they are cross- border or domestic sales, while maintaining the coherence of online and offline rules regarding legal remedies, constitutes the most practical and proportionate approach;
Amendment 435 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers that there is a risk that the Commission’s proposals entail a growing disparity between the applicable legal standards for offline and online purchaseslegal standards for offline and online purchases should ensure consumers have the same high level of protection;
Amendment 450 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Regrets the imprecision of the Commission’s proposal regarding a legislative measure for a more comprehensive online sales law that covers digital content products as well as tangible goods;
Amendment 460 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is sceptical about the legal nature of model contracts regarding online sales of tangible goods in the absence of statutory regulation;
Amendment 466 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Requests an ‘Active Consumers’ strategy to assess in particular whether consumer switching is facilitated in the online world, and whether action is needed to make consumer switching easier, in order to boost competition in online markets; particularly regarding the need for open standards ensuring data portability;
Amendment 467 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Requests an ‘Active Consumers’ strategy to assess in particular whether consumer switching is facilitated in the online world, and whether action is needed to make consumer switching easier, in order to boost competition in online markets; points further to the need to ensure accessible e-commerce services through the whole value chain, including accessible information, accessible payment mechanisms and customer service;
Amendment 479 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to explore the possibilities of introducingopportunities created by an EU trustmark for online sales in order to induce trust, particularly in relation to cross-border online sales;
Amendment 484 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls for the same exemptions that are applied to offline trade to be also applied in the online environment, such as applying the same exemptions from VAT for hardcopy books to electronic book;
Amendment 502 #
Motion for a resolution
Paragraph 14 d (new)
Paragraph 14 d (new)
14d. Calls on the Commission to come forward with the proposal for a European Accessibility Act, which it has been preparing for several years and which would improve accessibility of goods and services in the single market, including the digital single market;
Amendment 531 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Highlights that final mile delivery is the most difficult part of the delivery process for both consumer and delivery agent; options such as parcel points should be encouraged to allow flexibility for the consumer as well as reducing the number of delivery attempts by the delivery company;
Amendment 571 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Considers that ambitious actions are needed to improve access to legal digital content, in particular by ending geo- blocking practices and unfair price discrimination based on geographical location that has led to the current market fragmentation;
Amendment 584 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls for a complete end to geo- blocking, as consumers who do not have access to legally obtained content, will resort to illegal content which benefits no one;
Amendment 618 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Further points out the importance of the ongoing competition sector inquiry into the e-commerce sector in order to investigate, inter alia, whether geo-blocking restrictions, such as discrimination on the basis of IP address, postal address or country of issue of credit card as compared, infringe the rules of EU competition law; stresses the importance of increasing consumer and business confidence by introducing changes to the Block Exemption Regulation, most importantly Article 4a and Article 4b, in order to limit undesirable re-routing and territorial restrictions;
Amendment 622 #
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Considers that given the nature of service provision on the Internet, undertakings licensing information society services or providing information society services in exchange for payment by end-users in the EU should be wholly subject to provisions on the free movement of services insofar as limiting access to such services serves to form a barrier to trade between Member States;
Amendment 660 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Emphasises that incentivising private investments in fast and ultra-fast communication networks isare a requirement for any digital progress, with competition remaining the main driver of infrastructure investments, innovation, affordable prices and choices for consumers; considers that littleno evidence exists, in the still fragmented European telecommunications market, of a link between consolidation of operators and increased investment in networks;
Amendment 704 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses that since the development of over-the-top services has increased demand and competition to the benefit of consumers, modernisation of the telecommunication framework should not lead to more regulatory burdens, but should drive innovation and fair competition;
Amendment 786 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses that uniform enforcement of the Connected Continent package, including the end of roaming surcharges and the effective application of the net neutrality principle, requires the EU wide coordination and guidance, possibly including the establishment of a single European telecommunications regulator;
Amendment 794 #
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Reminds that several key parts of the Connected Continent remain unresolved, such as easier switching between providers, remedies in case of non- performance of contractually agreed services, transparency regarding available payment methods and any associated charges, information about consumption and the availability of free of charge options to set pre-defined consumption limits, more accurate information about advertised and actual speeds for domestic data services and remedies for non- performance of contractually agreed services, and that the previously agreed contract term length cannot be restarted upon the addition of an extra service unless the extra service is set at a promotional price linked to the restarting of such a contract; Reminds that these issues should be included in the framework of a review of the Universal Services Directive;
Amendment 802 #
Motion for a resolution
Subheading 3.3
Subheading 3.3
3.3. A fit-for-purpose regulatory environment for platformonline service providers and intermediaries
Amendment 803 #
Motion for a resolution
Subheading 3.3.1
Subheading 3.3.1
3.3.1. Role of online platformservice providers
Amendment 804 #
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 830 #
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Considers that the Commission's definition of platforms insufficiently distinguishes between online services and online service providers, as well as between companies and not-for-profit undertakings, therefore considers a more targeted regulation of online services based on the existing legal definitions to be more fit-for-purpose;
Amendment 832 #
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Urges the Commission to develop an innovation-friendly policy that fosters competition between, and innovation in, online service providers; considers that the priorities should be transparency, facilitation of switching between online services, access to online services, and identifying and addressing barriers to the emergence and scale-up of online service providers;
Amendment 848 #
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23c. Reminds that the basis of innovation- friendly policy that fosters competition and innovation should include the possibility for projects to access financing possibilities; therefore calls upon the Commission to ensure that crowdfunding can be done seamlessly across borders and to facilitate tax-deducible crowdfunding for social and other public interest causes, including by giving advice to the Member States.
Amendment 859 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Appreciates the Commission’s initiative to analyse the role of platformonline service providers in the Digital Economy as part of the upcoming Internal Market Strategy, cautions against the introduction of a broad regulatory framework based on the concept of online platforms potentially encompassing not-for-profit collaborative undertakings, advertisement-based private websites and for-profit online service providers, believes that these should be analysed separately;
Amendment 888 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Encourages the Commission to analyse the need to protect consumers and workers in the sharing economy and, where appropriate and if necessary, to come forward with proposals to ensure the adequacy of the consumer- and worker related legislation framework in the digital sphere, including possible abuses;
Amendment 914 #
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Considers that online services shouldn't be subject to levies aimed at subsidizing a particular business sector that has failed to adapt its business model to the digital environment;
Amendment 923 #
Motion for a resolution
Paragraph 26
Paragraph 26
26. Considers, in order to ensure trust in digital services, that increased resources from the public and private sector are required to strengthen the security of IT systems and online networks and, the encryption of communication, to improve cyber-attacks prevention and touditing of commonly used software in public administrations and by the general public and increase knowledge ofver basic security processes among users of digital services;
Amendment 942 #
Motion for a resolution
Paragraph 26 e (new)
Paragraph 26 e (new)
26e. Highlights the need for software manufacturers to be liable for not disclosing and repairing security vulnerabilities or for not exercising due diligence when creating their software;
Amendment 949 #
Motion for a resolution
Paragraph 26 c (new)
Paragraph 26 c (new)
26c. Underlines the need to find agreement on a fit-for-purpose Network Information Security Directive as soon as possible;
Amendment 950 #
Motion for a resolution
Paragraph 26 d (new)
Paragraph 26 d (new)
26d. In addition reiterates the need to promote the strengthening of IT security measures, including end-to-end encryption and the promotion and auditing of free and open source software, which is better equipped to withstand the introduction of back-doors;
Amendment 951 #
Motion for a resolution
Paragraph 26 f (new)
Paragraph 26 f (new)
26f. Considers that free and open source software has the potential to be a good solution to the problem of security, as the code is available free of charge to all who wish to audit and scrutinise it, welcomes public efforts to increase the quality and security of free and open source software by funding code audits;
Amendment 954 #
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Stresses that users, researchers and developers should have both the unencumbered right, the technological means and the legal protection to inspect digital services and goods with embedded digital services, to test and analyse the functioning of these IT systems and to conduct forensic analysis to detect undeclared functions or functions intended to defraud the public or authorities;
Amendment 955 #
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Calls on the Commission to remove legal obstacles for users, researchers and developers to inspect, analyse and disassemble digital services and IT systems embedded in products and to prevent legislation intended for the protection of legitimate interests from being misused to cover up fraudulent business practices;