Activities of Felix REDA related to 2018/0090(COD)
Plenary speeches (1)
Better enforcement and modernisation of EU consumer protection rules (debate) (debate)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council amending Council Directive 93/13/EEC of 5 April 1993, Directive 98/6/EC of the European Parliament and of the Council, Directive 2005/29/EC of the European Parliament and of the Council and Directive 2011/83/EU of the European Parliament and of the Council as regards better enforcement and modernisation of EU consumer protection rules PDF (318 KB) DOC (137 KB)
Amendments (84)
Amendment 72 #
Proposal for a directive
Recital 9
Recital 9
(9) To ensure that Member State authorities can impose effective, proportionate and dissuasive penalties in relation to widespread infringements of consumer law and to widespread infringements with a Union dimension that are subject to coordinated investigation and enforcement in accordance with Regulation (EU) 2017/2394, fines should be introduced as a mandatory element of penalties for such infringements. In order to ensure deterrence of the fines, Member States should set in their national law the maximum fine for such infringements at a level that is at least 10 000 000 EUR or 4% of the trader's annual turnover in the Member State concerned.total worldwide annual turnover whichever is higher
Amendment 78 #
Proposal for a directive
Recital 10
Recital 10
(10) Where, as a result of the coordination mechanism under Regulation (EU) 2017/2394, a single national competent authority within the meaning of that Regulation imposes a fine on the trader responsible for the widespread infringement or the widespread infringement with a Union dimension, it should be able to impose a fine of at least 10 000 000 EUR or 4 % of the trader’s annual turnover in all Member States concerned by the coordinated enforcement actiontotal worldwide annual turnover, whichever is higher.
Amendment 83 #
Proposal for a directive
Recital 11
Recital 11
(11) Member States should not be prevented from maintaining or introducing in their national law higher maximum turnover-based fines for widespread infringements and widespread infringements with a Union dimension of consumer law, as defined in Regulation EU 2017/2394. The requirement to set the maximum fine at a level of not less than 4 % of the trader's turnover should not apply to any additional rules of the Member States on periodic penalty payments, such as daily fines, for non-compliance with any decision, order, interim measure, trader's commitment or other measure with the aim of stopping the infringement.
Amendment 87 #
Proposal for a directive
Recital 12
Recital 12
(12) When deciding for which purpose the revenues from fines are used, Member States should take into account the ultimate objective of consumer legislation and its enforcement which is the protection of the general interest of consumers. Member States should therefore consider allocating at least part ofallocate the revenues from fines to enhance consumer protection within their jurisdictions, such as supporting consumer movement or activities aimed at empowering consumers.
Amendment 93 #
Proposal for a directive
Recital 15
Recital 15
(15) Member States should ensure that remedies are available for consumers harmed by unfair commercial practices in order to eliminate all the effects of those unfair practices. In order to meet that objective, Member States should make both contractual and non-contractual remedies available. As a minimum, the contractual remedies provided by the Member States should include the right to contract termination, the right to refund, price reduction and compensation for damages. Non-contractual remedies provided under national law should, as a minimum, include the right to compensation for damages. Member States would not be prevented from maintaining or introducing rights to additional remedies for consumers harmed by unfair commercial practices in order to ensure full removal of the effects of such practices.
Amendment 98 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) A wide variety of business-to- consumer commercial relations are intermediated online by online intermediation service providers, such as online marketplaces, price comparison services or social media, in a view of facilitating the initiation of direct transactions between a trader and a consumer, irrespective of whether the transactions are ultimately concluded on the online portal of the provider of online intermediation services in question or on the trader’s websites. Lack of transparency and legal certainty in relation to the online economy could affect consumers ‘confidence in it and it is therefore crucial to tackle this by laying down transparency requirements to comply with both at advertising and pre- contractual stages. Directive 2005/29/EU should therefore be amended in order to include new information requirements to be provided by online marketplaces and price comparison services to the consumers prior to a purchase.
Amendment 99 #
Proposal for a directive
Recital 18
Recital 18
(18) Online marketplaces should be defined for the purposes of Directive 2011/83/EU in a similar manner as in Regulation (EU) 524/201342 and Directive 2016/1148/EU43. However, the definition should be updated and rendered more technologically neutral in order to cover new technologies and commercial practices. It is therefore appropriate to refer, instead of a 'website', to the notion of an 'online interface' as provided by Regulation (EU) 2018/30244. Additionally, online marketplaces that allow the conclusion of peer-to-peer contracts between different consumers should be covered by that definition. __________________ 42 Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR) (OJ L 165, 18.6.2013, p. 1). 43 Directive (EU) 2016/1148 of the European Parliament and of the Council of 6 July 2016 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). 44 Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 on addressing unjustified geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC (OJ L 60 I, 2.3.2018, p. 1).
Amendment 102 #
Proposal for a directive
Recital 19
Recital 19
(19) Specific transparency requirements for online marketplaces should therefore be provided in Directive 2011/83/EU to inform consumers using online marketplaces about the main parameters determining ranking of offers and their relative importance, whether they enter into a contract with a trader or a non-trader (such as another consumer), whether consumer protection law applies and which trader is responsible for the performance of the contract and for ensuring consumer rights when these rights apply. This information should be provided in a clear and, comprehensible and accessible manner and not only through a reference in the standard Terms and Conditions or similar contractual document. The information requirements for online marketplaces should be proportionate and need to strike a balance between a high level of consumer protection and the competitiveness of online marketplaces. Online marketplaces should not be required to list specific consumer rights when informing consumers about their applicability or non- applicability. The information to be provided about the responsibility for ensuring consumer rights depends on the contractual arrangements between the online marketplace and the relevant third party traders. Online marketplace may refer to the third party trader as being solely responsible for ensuring consumer rights or describe its specific responsibilities where it assumes the responsibility for certain aspects of the contract, for example, delivery or the exercise of the right of withdrawal. The obligation to provide information about the main parameters determining ranking of search results is without prejudice to any trade secrets regarding the underlying algorithms. This information should explain the main default parameters used by the marketplace but does not have to be presented in a customized manner for each individual search query.
Amendment 117 #
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20a) Aside from online marketplaces, price comparison websites or applications also play an important role in mediating between consumers and traders. Those price comparison services are similar to marketplaces in their capacity to rank different offers, as well as potentially providing consumer reviews, but unlike marketplaces they typically do not have a contractual relationship with the trader. It is appropriate to subject them to the same transparency requirements as marketplaces wherever those transparency requirements do not relate to the trader. Price comparison services should therefore be subject to the transparency requirements set out in Directive 2011/83/EU as regards ranking, personal data processing and consumer reviews.
Amendment 122 #
Proposal for a directive
Recital 22
Recital 22
(22) Directive 2011/83/EU already applies to contracts for the supply of digital content which is not supplied on a tangible medium (i.e. supply of online digital content) regardless of whether the consumer pays a price in money or provides personal data. In contrast, Directive 2011/83/EU only applies to service contracts, including contracts for digital services, under which the consumer pays or undertakes to pay a price. Consequently, that Directive does not apply to contracts for digital services under which the consumer provides personal data to the trader without paying a price. Given their similarities and the interchangeability of paid digital services and digital services provided in exchange forwhere the consumer provides personal data, they should be subject to the same rules under Directive 2011/83/EU.
Amendment 123 #
Proposal for a directive
Recital 23
Recital 23
(23) Consistency should be ensured between the scope of application of Directive 2011/83/EU and the [Digital Content Directive], which also applies to contracts for the supply of digital content of digital services under which the consumer provides personal data to the trader.
Amendment 127 #
Proposal for a directive
Recital 25
Recital 25
(25) WIn order to ensure full alignment with the Digital Content Directive, where digital content and digital services are not supplied in exchange for a price, Directive 2011/83/EU should also not apply to situations where the trader collects personal data exclusively to maintain in conformity digital content or a digital service or for the sole purpose of meeting legal requirements. Such situations could include cases where the registration of the consumer is required by applicable laws for security and identification purposes, or cases where the developer of open-source software only collects data from users to ensure the compatibility and interoperability of open-source software.
Amendment 130 #
Proposal for a directive
Recital 26
Recital 26
(26) Directive 2011/83/EU should also not apply to situations where the trader only collects metadata, such as the IP address, browsing history or other information collected and transmitted for instance by cookies, except where this situation is considered a contract under national law. It should also not apply to situations where the consumer, without having concluded a contract with the trader, is exposed to advertisements that do not entail any processing of personal data exclusively in order to gain access to digital content or a digital service. However, Member States should remain free to extend the application of the rules of Directive 2011/83/EU to such situations or to otherwise regulate such situations which are excluded from the scope of that Directive.
Amendment 134 #
Proposal for a directive
Recital 30
Recital 30
Amendment 135 #
Proposal for a directive
Recital 32
Recital 32
Amendment 141 #
Proposal for a directive
Recital 33
Recital 33
Amendment 152 #
Proposal for a directive
Recital 34
Recital 34
Amendment 156 #
Proposal for a directive
Recital 35
Recital 35
Amendment 163 #
Proposal for a directive
Recital 36
Recital 36
Amendment 168 #
Proposal for a directive
Recital 37
Recital 37
Amendment 169 #
Proposal for a directive
Recital 38
Recital 38
(38) Considering technological developments, it is necessary to remove the reference to fax number from the list of the means of communication in Article 6(1)(c) of Directive 2011/83/EU since fax is rarely used and largely obsolete. Furthermore, traders should be able to provide, as alternativein addition to an e-mail address, other means of online communication with consumers, for example, online forms and chats, provided that such alternative means which enable the consumer to retain the content of the communication on a durable medium in a similar way as e-mail. It is necessary however that an e-mail always remains available as a means of online communication with consumers, as different technical limitations of online forms and chats often hinder consumers in using them in practice. Annex I of the Directive 'Information concerning the exercise of the right of withdrawal' should also be adjusted in accordance with this amendment.
Amendment 171 #
Proposal for a directive
Recital 40 a (new)
Recital 40 a (new)
(40a) Consumers increasingly rely on consumer reviews and recommendations and look for more detailed description of products on online forums when they make purchasing decisions. Therefore Annex I of Directive 2005/29/EC should be updated in order to include misleading or fake reviews.
Amendment 172 #
Proposal for a directive
Recital 40 b (new)
Recital 40 b (new)
(40b) For the same reason Annex I of Directive 2005/29/EC should be updated in order to include advertisements or recommendations which give the false impression that friends or acquaintances purchased, used or endorsed a product, service or digital content.
Amendment 176 #
Proposal for a directive
Recital 41
Recital 41
(41) Article 16 of the Charter of Fundamental Rights of the EU guarantees the freedom to conduct a business in accordance with Union law and national laws and practices. However, marketing across Member States of products as being identical or seemingly identical when, in reality, they have a significantly different composition or characteristics mayis misleading to consumers and may cause them to take a transactional decision that they would not have taken otherwise.
Amendment 179 #
Proposal for a directive
Recital 42
Recital 42
(42) Such a practice canshould therefore be qualified as contrary to Directive 2005/29/EC based on a case by case assessment of relevant elements. In order to facilitate the application of existing law by Member States' consumer and food authorities, guidance on the application of current EU rules to situations of dual quality of food products was provided in the Commission Notice of 26.9.2017 'on the application of EU food and consumer protection law to issues of Dual Quality of products – The specific case of food'.46 In this context, the Commission's Joint Research Centre is currently developing a common approach to the comparative testing of food products. __________________ 46 C(2017)6532.
Amendment 184 #
Proposal for a directive
Recital 43
Recital 43
(43) However, the enforcement experience has shown that it may be unclear to consumers, traders and national competent authorities which commercial practices could be contrary to the Directive 2005/29/EC in the absence of an explicit provision. Therefore, Directive 2005/29/EC should be amended to ensure legal certainty both for traders and enforcement authorities by addressing explicitly the marketing of a product as being identical or seemingly identical to the same product marketed in several another Member States, where those products have significantly different composition or characteristics. Competent authorities should assess and address on a case by case basis such practices according to the provisions of the Directive. In undertaking its assessment the competent authority should take into account whether such differentiation is easily identifiable by consumers, a trader's right to adapt products of the same brand for different geographical markets due to legitimate factors, such as availability or seasonality of raw materials, defined consumer preferences or voluntary strategies aimed at improving access to healthy and nutritious food as well as the traders' right to offer products of the same brand in packages of different weight or volume in different geographical marketsListing this practice in Annex I of Directive 2005/29/EC should therefore lead to greater certainty by prohibiting it under all circumstances. This provision does not restrict a trader's right to adapt products of the same brand provided that the quality of such products does not diverge and consumers are clearly informed of this by a legible labelling stating the legitimate reasons for this adaptation.
Amendment 193 #
Proposal for a directive
Recital 44
Recital 44
(44) While off-premises sales constitute a legitimate and well-established sales channel, like sales at a trader's business premises and distance–selling, some particularly aggressive or misleading marketing practices in the context of visits to the consumer's home without the consumer's prior agreement or during commercial excursions can put consumers under pressure to make purchases of goods or services they would not otherwise buy and/or purchases at excessive prices, often involving immediate payment. Such practices often target elderly or other vulnerable consumers. Some Member States consider those practices undesirable and deem it necessary to restrict certain forms and aspects of off-premises sales within the meaning of Directive 2011/83/EU, such as aggressive and misleading marketing or selling of a product in the context of unsolicited visits to a consumer's home or commercial excursions, on grounds of public policy or the respect for consumers’ private life protected by Article 7 of the Charter of Fundamental Rights of the EU. In accordance with the principle of subsidiarity and in order to facilitate enforcement, it should therefore be clarified that Directive 2005/29/EC is without prejudice to Member States' freedom to make arrangements without the need for a case-by-case assessment of the specific practice, to protect the legitimate interests of consumers with regard to unsolicited visits at their private home by a trader in order to offer or sell products or in relation to commercial excursions organised by a trader with the aim or effect of promoting or selling products to consumers where such arrangements are justified on grounds of public policy or the protection of private life. Any such provisions should be proportionate and not discriminatory. Member States should be required to notify any national provisions adopted in this regard to the Commission so that the Commission can make this information available to all interested parties and monitor the proportionate nature and legality of those measures as well as the scope of the problem, to serve as a basis for potential legislative action to ban such practices at Union level.
Amendment 197 #
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive 2005/29/EC
Article 2 – paragraph 1 – point m (new)
Article 2 – paragraph 1 – point m (new)
(-1) In Article 2, paragraph 1, the following point is added: “(m) ‘online marketplace’ means a service provider which allows consumers to conclude online contracts with traders and consumers on the online marketplace’s online interface;”
Amendment 198 #
Proposal for a directive
Article 1 – paragraph 1 – point -1 a (new)
Article 1 – paragraph 1 – point -1 a (new)
Directive 2005/29/EC
Article 2 – paragraph 1 – point n (new)
Article 2 – paragraph 1 – point n (new)
(-1a) In Article 2, paragraph 1, the following point is added: “(n) 'price comparison service' means a service that offers comparison of different offers of goods, services or digital content to consumers based on criteria such as price, features or reviews, that identify relevant traders of goods, services or digital content and direct consumers to the traders' websites or contact details.”
Amendment 204 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive 2005/29/EC
Article 3 – paragraph 5
Article 3 – paragraph 5
This Directive does not prevent Member States from adopting provisions to protect the legitimate interests of consumers with regard to aggressive or misleading marketing or selling practices in the context of unsolicited visits by a trader to a consumer's home, or with regard to commercial excursions organised by a trader with the aim or effect of promoting or selling products or services to consumers, provided that such provisions are justified on grounds of public policy or the protection of the respect for private life.
Amendment 207 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2005/29/EC
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
Amendment 215 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2005/29/EC
Article 7 – paragraph 4 – point d
Article 7 – paragraph 4 – point d
Amendment 216 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Directive 2005/29/EC
Article 7 – paragraph 4 – point f (new)
Article 7 – paragraph 4 – point f (new)
(3a) In Article 7(4), the following point is added: “(f) for products or services offered on online marketplaces or through price comparison services, all parameters determining ranking of offers and their relative importance presented to the consumer as result of his search query on the online marketplace;”
Amendment 220 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 b (new)
Article 1 – paragraph 1 – point 3 b (new)
Directive 2005/29/EC
Article 7 – paragraph 4 – point g (new)
Article 7 – paragraph 4 – point g (new)
(3b) In Article 7(4), the following point is added: "(g) for products or services offered on online marketplaces or through price comparison services, information on the data collected and processed from an individual’s online activity and whether algorithms were used to present offers of determine prices, including personalised pricing techniques;”
Amendment 223 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 c (new)
Article 1 – paragraph 1 – point 3 c (new)
Directive 2005/29/EC
Article 7 – paragraph 4 – point h (new)
Article 7 – paragraph 4 – point h (new)
(3c) In Article 7(4), the following point is added: “(h) for products or services offered on online marketplaces or through price comparison services, and where applicable, all parameters to process and classify consumers’ reviews of offers and whether these reviews are subject to a control. In the latter case, main characteristics of the control implemented shall be disclosed;”
Amendment 226 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 d (new)
Article 1 – paragraph 1 – point 3 d (new)
Directive 2005/29/EC
Article 7 – paragraph 4 – point i (new)
Article 7 – paragraph 4 – point i (new)
(3d) In Article 7(4), the following point is added: “(i) for products or services offered on online marketplaces, whether the third party offering the goods or services is a trader or not.”
Amendment 235 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2005/29/EC
Article 11 a – paragraph 2
Article 11 a – paragraph 2
2. Contractual remedies shall include, as a minimum, the possibility for the consumer to unilaterally terminate the contract; obtain a refund or a price reduction, as well as the possibility of compensation for damages suffered by the consumer.
Amendment 250 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/29/EC
Article 13 – paragraph 2 – point g
Article 13 – paragraph 2 – point g
(g) any other aggravating or mitigating factor applicable to the circumstances of the case. : (i) whether the firm had qualified under approved certifications or adhered to approved codes of conduct; (ii) whether the infringement was proactively reported to the supervisory authority by the firm itself or a third party.
Amendment 258 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/29/EC
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Where the penalty to be imposed is a fine, the infringing trader’s worldwide annual turnover and net profits as well as any fines imposed for the same or other infringements of this Directive in other Member States shall also be taken into account in the determination of its amount.
Amendment 262 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/29/EC
Article 13 – paragraph 4
Article 13 – paragraph 4
4. Member States shall ensure that the penalties for widespread infringements and widespread infringements with a Union dimension within the meaning of Regulation (EU) No 2017/29394 include the possibility to impose fines, the maximum amount of which shall be at least 10 000 000 EUR or 4 % of the trader's annual turnover in the Member State or Member States concernedtotal worldwide annual turnover, whichever is higher.
Amendment 269 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/29/EC
Article 13 – paragraph 5
Article 13 – paragraph 5
5. When deciding about theMember States shall allocation ofe the revenues from fines Member States shall take into accountto furthering the general interest of consumers.
Amendment 275 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2005/29/EC
Annex I – point 11
Annex I – point 11
11. Using editorial content in the media, or providing information to a consumer’s online search query, to promote a product where a trader has paid for the promoinfluenced the promotion or a prominent ranking by a contractual relationship, capital link or a remuneration without making that clear in the content or search results or by images or sounds clearly identifiable by the consumer (advertorial; paid placement or paid inclusion). This is without prejudice to Directive 2010/13/EU48. __________________ 48 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1).
Amendment 285 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Directive 2005/29/EC
Annex I – point 23 a (new)
Annex I – point 23 a (new)
(6a) In Annex I, the following point is inserted: “23a. Any marketing of a product as being identical or seemingly identical to the same product marketed in another Member State, while those products have different composition or characteristics.”
Amendment 287 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Directive 2005/29/EC
Annex I – point 23 a (new)
Annex I – point 23 a (new)
(6a) In Annex I, the following point is inserted: “23a. Creating the false impression that a consumer review comes from a person who purchased or used the product without remuneration or influence from the provider.”
Amendment 290 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 b (new)
Article 1 – paragraph 1 – point 6 b (new)
Directive 2005/29/EC
Annex I – point 23 b (new)
Annex I – point 23 b (new)
(6b) In Annex I, the following point is inserted: “23b. Creating the false impression that other consumers purchased, used or recommended a specific product, service or digital content based on unrelated parameters including brand preferences, geographical location.”
Amendment 292 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 c (new)
Article 1 – paragraph 1 – point 6 c (new)
Directive 2005/29/EC
Annex I – point 23 c (new)
Annex I – point 23 c (new)
(6c) In Annex I, the following point is inserted: “23c. Using different techniques that allow buying tickets in bulk through automated software to resell event tickets for more than their face value.”
Amendment 299 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point d
Article 2 – paragraph 1 – point 1 – point d
Directive 2011/83/EU
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
(16) ‘contract for the supply of digital content which is not supplied on tangible medium’ means a contract under which a trader supplies or undertakes to supply specific digital content to the consumer and the consumer pays or undertakes to pay the price thereof. This also includes contracts where the consumer provides or undertakes to provide personal data to the trader, except where the personal data provided by the consumer is exclusively processed by the trader for the purpose of supplying or maintaining in conformity the digital content, or for the trader to comply with legal requirements to which the trader is subject, and the trader does not process this data for any other purpose;
Amendment 307 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point d
Article 2 – paragraph 1 – point 1 – point d
Directive 2011/83/EU
Article 2 – paragraph 1 – point 19
Article 2 – paragraph 1 – point 19
(19) ‘online marketplace’ means a service providernatural or legal person offering, on a professional basis, whether for remuneration or not, an online public communication service which allows consumers to conclude online contracts with traders and consumers on the online marketplace’s online interface the functioning of which is based on the classification or referencing, by means of computer algorithms, of content, goods or services offered or posted by third parties, or the bringing together of several parties for the purpose of selling goods, providing services or the sharing of content, goods or services;
Amendment 309 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point d
Article 2 – paragraph 1 – point 1 – point d
Directive 2011/83/EU
Article 2 – paragraph 1 – point 19 a (new)
Article 2 – paragraph 1 – point 19 a (new)
(19a) ‘price comparison service’ means a service that offers comparison of different offers of goods, services or digital content to consumers based on criteria such as price, features or reviews, that identify relevant traders of goods, services or digital content and direct consumers to the traders’ websites or contact details;
Amendment 317 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Directive 2011/83/EU
Article 5 – paragraph 1 – point h
Article 5 – paragraph 1 – point h
(h) where applicable, any relevant interoperability of digital content, including where the digital content is embedded in tangible goods, and digital services with hardware and software that the trader is aware of or can reasonably be expected to have been aware of.
Amendment 321 #
Proposal for a directive
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
Directive 2011/83/EU
Article 6 – paragraph 1– point c
Article 6 – paragraph 1– point c
(c) the geographical address at which the trader is established as well as the trader’s telephone number, e-mail address orand, where available, other means of online communication which guarantee that the consumer can keep the correspondence with the trader on a durable medium, to enable the consumer to contact the trader quickly and communicate with him efficiently. Where applicable, the trader shall also provide the geographical address and identity of the trader on whose behalf he is acting.
Amendment 324 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 a (new)
Article 2 – paragraph 1 – point 3 a (new)
Directive 2011/83/EU
Article 6 – paragraph 1 – point s a (new)
Article 6 – paragraph 1 – point s a (new)
Amendment 340 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 – point a
Article 6 a – paragraph 1 – point a
(a) the mainall parameters determining ranking of offers and their relative importance presented to the consumer as result of his search query on the online marketplace;
Amendment 343 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 – point a a (new)
Article 6 a – paragraph 1 – point a a (new)
(aa) on the data collected and processed from an individual’s online activity and whether algorithms were used to present offers or determine prices, including personalised pricing techniques;
Amendment 346 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 – point a b (new)
Article 6 a – paragraph 1 – point a b (new)
(ab) where applicable, all parameters to process and classify consumers’ reviews of offers and whether these reviews are subject to a control. In the latter case, main characteristics of the control implemented shall be disclosed;
Amendment 365 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 a (new)
Article 6 a – paragraph 1 a (new)
Member States may maintain or provide additional information requirements in their national law.
Amendment 366 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 b (new)
Article 6 a – paragraph 1 b (new)
The operator of an online marketplace shall be liable for damages arising from the failure to provide the consumer with the information set out in this Article and Articles 6 and 6b.
Amendment 367 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 b (new)
Article 6 a – paragraph 1 b (new)
The information requirements laid out in points (a), (b) and (c) of paragraph 1 shall also apply to price comparison services.
Amendment 368 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 c (new)
Article 6 a – paragraph 1 c (new)
The operator of an online marketplace shall be liable for damages arising from the failure to take reasonable steps to remove misleading information or made this information inaccessible after having received a notification of misleading information presented by users.
Amendment 369 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 d (new)
Article 6 a – paragraph 1 d (new)
Where the online marketplace has control or predominant influence over the supplier, the consumer can exercise the rights and remedies available under the supplier-consumer contract also against the operator of the online marketplace. For the assessment of whether the online marketplace has that control or a predominant influence, objective and subjective elements shall be taken into account. Relevant criteria shall include, the actual degree of control of the online marketplace over payments and supplier- consumer contracts, marketing activities, information provided by the online marketplace operators, included information contained in terms and conditions, the economic interest of the online marketplace in the transaction, the presentation of the online marketplace to the consumer, or the information of the online marketplace about the identity of the seller or the product or supplier of the service.
Amendment 370 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 e (new)
Article 6 a – paragraph 1 e (new)
The operator of an online marketplace shall be liable for damages occurred to the consumer due to misleading statements made by the operator about suppliers or products offered by suppliers.
Amendment 390 #
Proposal for a directive
Article 2 – paragraph 1 – point 7 – point a
Article 2 – paragraph 1 – point 7 – point a
Directive 2011/83/EU
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 395 #
Proposal for a directive
Article 2 – paragraph 1 – point 7 – point b
Article 2 – paragraph 1 – point 7 – point b
5. In respect of any digital content to the extent that it does not constitute personal dataWithout prejudice to Regulation (EU)2016/679, in respect of any digital content, which was uploaded or created by the consumer when using the digital content or digital service supplied by the trader the trader shall comply with the obligations and can exercise the rights provided under [Digital Content Directive].
Amendment 399 #
Proposal for a directive
Article 2 – paragraph 1 – point 8 – point 1
Article 2 – paragraph 1 – point 8 – point 1
Directive 2011/83/EU
Article 14 – paragraph 2
Article 14 – paragraph 2
Amendment 405 #
Proposal for a directive
Article 2 – paragraph 1 – point 8 – point 1 a (new)
Article 2 – paragraph 1 – point 8 – point 1 a (new)
Directive 2011/83/EU
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
1a. The following paragraph is inserted: “2a. After the termination of the contract, the consumer shall refrain from using the digital content or digital service.”
Amendment 406 #
Proposal for a directive
Article 2 – paragraph 1 – point 8 – point 2
Article 2 – paragraph 1 – point 8 – point 2
Directive 2011/83/EU
Article 14 – paragraph 4 b
Article 14 – paragraph 4 b
Amendment 408 #
Proposal for a directive
Article 2 – paragraph 1 – point 9 – point 1
Article 2 – paragraph 1 – point 9 – point 1
Directive 2011/83/EU
Article 16 – paragraph 1 – point a
Article 16 – paragraph 1 – point a
Amendment 414 #
Proposal for a directive
Article 2 – paragraph 1 – point 9 – point 3
Article 2 – paragraph 1 – point 9 – point 3
Directive 2011/83/EU
Article 16 – paragraph 1 – point n
Article 16 – paragraph 1 – point n
Amendment 423 #
Proposal for a directive
Article 2 – paragraph 1 – point 9 a (new)
Article 2 – paragraph 1 – point 9 a (new)
Directive 2011/83/EU
Article 23 a (new)
Article 23 a (new)
(9a) The following Article is inserted: “Article 23a Redress In addition to the requirement to ensure that adequate means exist to ensure compliance in Article 23, Member States shall ensure that consumers have the right not to be bound by the contract and a right to damages where the trader has not complied with the information requirements set out under this Directive. These rights are without prejudice to the rights set out under national law.”
Amendment 427 #
Proposal for a directive
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Directive 2011/83/EU
Article 24 – paragraph 2 – point g
Article 24 – paragraph 2 – point g
(g) any other aggravating or mitigating factor applicable to the circumstances of the case: (i) whether the firm had qualified under approved certifications or adhered to approved codes of conduct; (ii) whether the infringement was proactively reported to the supervisory authority by the firm itself or a third party.
Amendment 431 #
Proposal for a directive
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Directive 2011/83/EU
Article 24 – paragraph 3
Article 24 – paragraph 3
3. Where the penalty to be imposed is a fine, the infringing trader’s total worldwide annual turnover and net profits as well as any fines imposed for the same or other infringements of this Directive in other Member States shall also be taken into account in the determination of its amount.
Amendment 436 #
Proposal for a directive
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Directive 2011/83/EU
Article 24 – paragraph 4
Article 24 – paragraph 4
4. Member States shall ensure that the penalties for widespread infringements and widespread infringements with a Union dimension within the meaning of Regulation (EU) No 2017/29394 include the possibility to impose fines, the maximum amount of which shall be at least 10 000 000 EUR or 4% of the trader’s annual turnover in the Member State or Member States concernedwhichever is higher.
Amendment 438 #
Proposal for a directive
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Directive 2011/83/EU
Article 24 – paragraph 5
Article 24 – paragraph 5
5. When deciding about theMember States shall allocation ofe the revenues from fines Member States shall take into accountto furthering the general interest of consumers.
Amendment 443 #
Proposal for a directive
Article 2 – paragraph 1 – point 11 – point 1 – point c
Article 2 – paragraph 1 – point 11 – point 1 – point c
Directive 2011/83/EU
Annex I – part A – Instructions for completion – point 4
Annex I – part A – Instructions for completion – point 4
Amendment 451 #
Proposal for a directive
Article 2 – paragraph 1 – point 11 – point 1 – point d
Article 2 – paragraph 1 – point 11 – point 1 – point d
Directive 2011/83/EU
Annex I – part A – Instructions for completion – point 5 – point c
Annex I – part A – Instructions for completion – point 5 – point c
Amendment 453 #
Proposal for a directive
Article 2 – paragraph 1 – point 11 – point 2
Article 2 – paragraph 1 – point 11 – point 2
Directive 2011/83/EU
Annex I – part B – Model withdrawal form – first indent
Annex I – part B – Model withdrawal form – first indent
To [here the trader’s name, geographical address and, where available, his e-mail address are to be inserted by the trader]:”
Amendment 457 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1
Article 3 – paragraph 1 – subparagraph 1
Directive 1993/13/EEC
Article 8 b – paragraph 2 – point g
Article 8 b – paragraph 2 – point g
(g) any other aggravating or mitigating factor applicable to the circumstances of the case: (i) whether the firm had qualified under approved certifications or adhered to approved codes of conduct; (ii) whether the infringement was proactively reported to the supervisory authority by the firm itself or a third party.
Amendment 461 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1
Article 3 – paragraph 1 – subparagraph 1
Directive 1993/13/EEC
Article 8 b – paragraph 3
Article 8 b – paragraph 3
3. Where the penalty to be imposed is a fine, the infringing trader’s total worldwide annual turnover and net profits as well as any fines imposed for the same or other infringements of this Directive in other Member States shall also be taken into account in the determination of its amount.
Amendment 466 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1
Article 3 – paragraph 1 – subparagraph 1
Directive 1993/13/EEC
Article 8 b – paragraph 4
Article 8 b – paragraph 4
4. Member States shall ensure that the penalties for widespread infringements and widespread infringements with a Union dimension within the meaning of Regulation (EU) No 2017/29394 include the possibility to impose fines, the maximum amount of which shall be at least 10 000 000 EUR or 4% of the trader’s annual turnover in the Member State or Member States concerned, whichever is higher.
Amendment 468 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1
Article 3 – paragraph 1 – subparagraph 1
Directive 1993/13/EEC
Article 8 b – paragraph 5
Article 8 b – paragraph 5
5. When deciding about theMember States shall allocation ofe the revenues from fines Member States shall take into accountto furthering the general interest of consumers.
Amendment 473 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
(g) any other aggravating or mitigating factor applicable to the circumstances of the case: (i) whether the firm had qualified under approved certifications or adhered to approved codes of conduct; (ii) whether the infringement was proactively reported to the supervisory authority by the firm itself or a third party.
Amendment 477 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Directive 1998/06/EC
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Where the penalty to be imposed is a fine, the infringing trader’s total worldwide annual turnover and net profits as well as any fines imposed for the same or other infringements of this Directive in other Member States shall also be taken into account in the determination of its amount.
Amendment 481 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Directive 1998/06/EC
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Member States shall ensure that the penalties for widespread infringements and widespread infringements with a Union dimension within the meaning of Regulation (EU) No 2017/29394 include the possibility to impose fines, the maximum amount of which shall be at least 10 000 000 EUR or 4 % of the trader’s annual turnover in the Member State or Member States concernedtotal worldwide annual turnover, whichever is higher.
Amendment 485 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Directive 1998/06/EC
Article 8 – paragraph 5
Article 8 – paragraph 5
5. When deciding about theMember States shall allocation ofe the revenues from fines Member States shall take into accountto furthering the general interest of consumers.