31 Amendments of Nicola DANTI related to 2015/0287(COD)
Amendment 79 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1 a) Article 169(1) and point (a) of Article 169(2) of the Treaty on the Functioning of the European Union (TFEU) provide that the Union is to contribute to the attainment of a high level of consumer protection through measures adopted pursuant to Article 114 TFEU.
Amendment 80 #
Proposal for a directive
Recital 1 b (new)
Recital 1 b (new)
(1 b) Article 38 of the Charter of Fundamental Rights of the European Union provides that Union policies are to ensure a high level of consumer protection and Article 47 of the Charter provides that everyone whose rights under Union law are violated shall have the right to an effective remedy. Article 16 of the Charter recognises the freedom to run a business in accordance with Union and national law and practices.
Amendment 82 #
Proposal for a directive
Recital 2
Recital 2
(2) For the achievement of a genuine digital single market, the harmonisation of certain aspects concerning contracts for supply of digital content, taking as a base a high level of consumer protect and digital services as a common platform for all Member States while recognising Member States' competences within the Union, is necessary.
Amendment 410 #
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
5. 'damages' means a sum of money to which consumers may be entitled as compensation for economic damage to their digital environmentmaterial and non- material damage;
Amendment 419 #
Proposal for a directive
Article 2 – paragraph 1 – point 6 a (new)
Article 2 – paragraph 1 – point 6 a (new)
6 a. "data as counter-performance" means personal data or other data provided by the consumer to the supplier in the context of the conclusion or performance of the contract, including data generated by the consumer's use of any digital content or digital service supplied, and which the supplier or a third party uses, on the basis of the consumer's consent or otherwise.
Amendment 452 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. This Directive shall apply to any contract where the supplier supplies digital content to the consumer or undertakes to do so and, in exchange, a price is to be paidor undertakes to supply digital content or a digital service to the consumer in exchange for payment of a price and/or personal data or othe consumer actively provides counter-pr data provided by the consumerf ormance other than money in the form of personal data or any other data collected by the supplier or a third party.
Amendment 464 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. With the exception of Articles 5 and 11, this Directive shall apply to any durable medium incorporating digital content where the durable medium has been used exclusively as carrier of digital contentgoods in which a digital content is embedded unless the supplier proves that the lack of conformity lies in the hardware of the good. This Directive shall also apply to tangible media which serve exclusively as carrier of digital content, unless the supplier proves that the lack of conformity lies in the tangible medium.
Amendment 488 #
Proposal for a directive
Article 3 – paragraph 5 – point b
Article 3 – paragraph 5 – point b
(b) electronic communication services as defined in Directive 2002/21/EC;, with the exception of number-independent interpersonal communication services which are covered by this Directive.
Amendment 604 #
Proposal for a directive
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
Where the digital content or digital service is incorrectly integrated into the consumer's digital environment, any lack of conformity resulting from the incorrect integration shall be regarded as lack of conformity ofwith the digital contenract if:
Amendment 607 #
Proposal for a directive
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) the digital content or digital service was integrated by the supplier or under the supplier’'s responsibility; or
Amendment 610 #
Proposal for a directive
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) the digital content or digital service was intended to be integrated by the consumer and the incorrect integration was due to shortcomings in the integration instructions where those instructions were supplied in accordance with point (cb) of Article 6(1) or should have been supplied in accordance with point (c) of Article 6(21).
Amendment 635 #
Proposal for a directive
Article 8 b (new)
Article 8 b (new)
Article 8 b Commercial guarantees for lifespan 1. The producer of a technical good in which digital content or a digital service is embedded shall guarantee to the consumer the fitness of the product for its foreseeable minimum life span and indicate how long this life span is. The indicated timeframe shall not be shorter than the legal prescription period of the Member State where the consumer has his habitual residence and shall reflect the expectations of a reasonable and typical consumer. 2. When the producer does not fulfil his obligations according to paragraph 1, he shall have the same obligations to the consumer as the supplier.
Amendment 650 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Paragraph 1 shall not apply where the supplier shows that the digital environment of the consumer is not compatible with interoperability and other technical requirements of the digital content or digital service and where the supplier informed the consumer of such requirements before the conclusion of the contract.
Amendment 656 #
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The consumer shall cooperate with the supplier to the extent possible and necessary to determascertaine the consumer's digital environment in order to be able to establish whether the lack of conformity existed at the time of supply. The obligation to cooperate shall be limited to the technically available means which are the least intrusive for the consumer. Only in exceptional and duly justified circumstances where there are no other means available the consumer shall grant the supplier upon request virtual access to the consumer's digital environment. Where the consumer fails to cooperate, the burden of proof with respect to the non- conformity with the contract shall be on the consumer.
Amendment 770 #
Proposal for a directive
Article 13 – title
Article 13 – title
Termination of the contract for lack of conformity
Amendment 772 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The consumer shall exercise the right to terminate the contract by notice to the supplier given by any meansAs an alternative remedy to bringing into conformity or price reduction, in the case of a lack of conformity of the digital content or digital service with the contract, the consumer shall be entitled to terminate the contract if the lack of conformity with the contract is not minor and causes or may cause a substantial effect on the consumer's use or enjoyment of the digital content or digital service. The burden of proof that the lack of conformity with the contract does not have substantial effect on the consumer's use or enjoyment of the digital content or digital service shall be on the supplier.
Amendment 785 #
Proposal for a directive
Article 13 – paragraph 2 – introductory part
Article 13 – paragraph 2 – introductory part
2. Where the consumer terminatesdigital content or digital service has been supplied in exchange for data as counter-performance, the consumer shall be entitled to terminate the contract for any lack of conformity with the contract:.
Amendment 839 #
Proposal for a directive
Article 13 – paragraph 5 a (new)
Article 13 – paragraph 5 a (new)
5 a. The consumer shall exercise the right to terminate the contract by an unequivocal statement setting out his decision to terminate the contract.
Amendment 857 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The supplier shall be liable to the consumer for any economicmaterial damage to the digital environment of the consumer, and for non-material damage to the consumer resulting thereof, caused by a lack of conformity with the contract or a failure to supply the digital content or the digital service. Damages shall put the consumer as nearly as possible into the position in which the consumer would have been if the digital content had been duly supplied and been in conformity with the contract.
Amendment 870 #
Proposal for a directive
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2 a. The consumer's right to damages under paragraph 1 shall be without prejudice to any other rights to damages under the applicable national law.
Amendment 918 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Where the contract provides for the supply of the digital content for an indeterminate digital service for a fixed period or whlongere the initial contract duration or any combination of an 6 months or where any combination of subsequent contracts or renewal periods exceed 126 months from the moment of conclusion of the initial contract, the consumer shall be entitled to terminateend the contract any time after the expiration of the first 126 months period.
Amendment 923 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The consumer shall exercise the right to terminateend the contract by notice to the supplier given by any means. The termination shall become effective 14 days after the receipt of the notice.
Amendment 928 #
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Where the digital content or digital service is supplied in exchange for a payment of a price, the consumer remains liable to pay the part of the price for the digital content or digital service supplied corresponding to the period of time before the termination becomescontract ended effectively.
Amendment 933 #
Proposal for a directive
Article 16 – paragraph 4 – introductory part
Article 16 – paragraph 4 – introductory part
4. Where the consumer terminateends the contract in accordance with this Article:
Amendment 940 #
Proposal for a directive
Article 16 – paragraph 4 – point a
Article 16 – paragraph 4 – point a
(a) the supplier shall take all measures which could be expected in order to refrain from the use of other counter- performance than moneydata which the consumer has provided in exchange for the digital content and any other data collected by the supplier in relation to the supply of the digital content including any content provided by the consumer;
Amendment 943 #
Proposal for a directive
Article 16 – paragraph 4 – point b
Article 16 – paragraph 4 – point b
(b) the supplier shall provide the consumer with technical means to retrieve all any content provided by the consumer and any other data produced or generated through the consumer's use of the digital content to the extent this data has been retained by the supplier. The consumer shall be entitled to retrieve thesuch content or data without significant inconvenience, in reasonable time and in a commonly used data format. The aforementioned obligations do not apply to content [or data] that cannot exist outside the specific digital ecosystem in which it was generated as well as data that has been anonymised or pseudonymised; and
Amendment 964 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
Where the supplier is liable to the consumer because of any failure to supply the digital content or digital service or a lack of conformity with the contract resulting from an act or omission by a person in earlier links of the chain of transactions, the supplier shall be entitled to pursue remedies against the person or persons liable in the chain of transactions or a third party who has granted an end- use license to the consumer. The person against whom the supplier may pursue remedies and the relevant actions and conditions of exercise, shall be determined by national law.
Amendment 971 #
Proposal for a directive
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. The means referred to in paragraph 1 shall include provisions whereby one or more of the following bodies,representative bodies, under justified and appropriate criteria as determined by national law, may take action under national law before the courts or before the competent administrative bodies to ensure that the national provisions transposing this Directive are applied. Such bodies shall include, but are not limited to:
Amendment 972 #
Proposal for a directive
Article 18 – paragraph 2 – point a
Article 18 – paragraph 2 – point a
(a) public bodies or their representatives; and
Amendment 973 #
Proposal for a directive
Article 18 – paragraph 2 – point b
Article 18 – paragraph 2 – point b
(b) consumer organisations having a legitimate interest in protecting consumers; and
Amendment 982 #
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
The Commission shall, not later than on [the date of five years after entry into force] review the application of this Directive and submit a report to the European Parliament and the Council and the European Economic and Social Committee taking full account of the process of scrutiny and review on the application and implementation of this Directive. The review process shall include meaningful and detailed consultation and involvement with Member States and consumer, legal and business organisations at Union level. The report shall examine, inter alia, the case for harmonisation of rules applicable to contracts for the supply of digital content against counter-performance other than that covered by this Directive, in particular supplied against advertisement or indirect collection of data.