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14 Amendments of Fulvio MARTUSCIELLO related to 2020/0374(COD)

Amendment 137 #
Proposal for a regulation
Recital 13
(13) In particular, online intermediation services, online search engines, operating systems (which include digital voice assistants, connected TVs and in-car infotainment systems), online social networking, video sharing platform services, number- independent interpersonal communication services, cloud computing services, web browsers and online advertising services all have the capacity to affect a large number of end users and businesses alike, which entails a risk of unfair business practices. They therefore should be included in the definition of core platform services and fall into the scope of this Regulation. Online intermediation services may also be active in the field of financial services, and they may intermediate or be used to provide such services as listed non-exhaustively in Annex II to Directive (EU) 2015/1535 of the European Parliament and of the Council32 . In certain circumstances, the notion of end users should encompass users that are traditionally considered business users, but in a given situation do not use the core platform services to provide goods or services to other end users, such as for example businesses relying on cloud computing services for their own purposes. _________________ 32Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services, OJ L 241, 17.9.2015, p. 1.
2021/09/09
Committee: ECON
Amendment 203 #
Proposal for a regulation
Recital 42
(42) The conditions under which gatekeepers provide online advertising services to business users including both advertisers and publishers are often non- transparent and opaque. This opacity is partly linked to the practices of a few platforms, but is also due to the sheer complexity of modern day programmatic advertising. The sector is considered to have become more non-transparent after the introduction of new privacy legislation, and is expected to become even more opaque with the announced removal of third-party cookiesunilateral decision- making by industry actors that are not representative of the entire advertising value chain. This often leads to a lack of information and knowledge for advertisers and publishers about the conditions of the advertising services they purchased and undermines their ability to switch to alternative providers of online advertising services. Furthermore, the costs of online advertising are likely to be higher than they would be in a fairer, more transparent and contestable platform environment. These higher costs are likely to be reflected in the prices that end users pay for many daily products and services relying on the use of online advertising. Transparency obligations should therefore require gatekeepers to provide advertisers and publishers to whom they supply online advertising services, when requested and to the extent possiblith free of charge, effective, high-quality, continuous and real-time, with information that allows both sides to understand the price paid for each of the different advertising services provided as part of the relevant advertising value chain and the availability and visibility of advertisement.
2021/09/09
Committee: ECON
Amendment 331 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10
(10) "Operating system" means a system software which controls the basic functions of theany hardware that is capable of being connected to the internet or software and enables software applications to run on it; , including for static and mobile devices, televisions, wearable or in-car infotainment systems;
2021/09/09
Committee: ECON
Amendment 342 #
Proposal for a regulation
Article 2 – paragraph 1 – point 18
(18) ‘Ranking’ means the relative prominence given to goods or services offered or provided through online intermediation services, operating systems, video-sharing platform services, web browsers or online social networking services, or the relevance given to search results by online search engines, as presented, organised or communicated by the providers of online intermediation services, operating systems, video-sharing platform services, web browsers or of online social networking services or by providers of online search engines, respectively, whatever the technological means used for such presentation, organisation or communication;
2021/09/09
Committee: ECON
Amendment 386 #
Proposal for a regulation
Article 3 – paragraph 4 – introductory part
4. The Commission shall, without undue delay and at the latest 60 days after receiving the complete information referred to in paragraph 3, designate the provider of core platform services that meets all the thresholds of paragraph 1 and 2 as a gatekeeper, unless that provider, with its notification, presents sufficiently substantiated arguments to demonstrate that, in the circumstances in which the relevant core platform service operates, and taking into account the elements listed in paragraph 6, the provider does not satisfy the requirements of paragraph 1.
2021/09/09
Committee: ECON
Amendment 390 #
Proposal for a regulation
Article 3 – paragraph 4 – subparagraph 1
Where the gatekeeper presents such sufficiently substantiated arguments to demonstrate that it does not satisfy the requirements of paragraph 1, the Commission shall apply paragraph 6 to assess whether the criteria in paragraph 1 are met.deleted
2021/09/09
Committee: ECON
Amendment 425 #
Proposal for a regulation
Article 3 – paragraph 8 a (new)
8 a. The gatekeeper should be prevented from entering markets of ancillary core platform services to the ones in which it has been designated gatekeeper.
2021/09/09
Committee: ECON
Amendment 439 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
(a) refrain from combining personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper or with personal data from third-party services, and from signing in end users to other services of the gatekeeper in order to combine personal data, unless the end user has been presented with the specific choice and provided consent in the sense of Regulation (EU) 2016/679. ;
2021/09/09
Committee: ECON
Amendment 461 #
Proposal for a regulation
Article 5 – paragraph 1 – point e
(e) refrain from requiring business users to use, offer or interoperate with an identificationy ancillary service of the gatekeeper in the context of services offered by the business users using the core platform services of that gatekeeper;
2021/09/09
Committee: ECON
Amendment 471 #
Proposal for a regulation
Article 5 – paragraph 1 – point g
(g) provide individual advertisers and publishers to which it supplies advertising services, upon their request, with information concerningwith free of charge, high-quality, effective, continuous and real time access to information on the visibility and availability of advertisement portfolio as well as pricing conditions concerning the bids placed by advertisers and advertising intermediaries, the price paid by the advertiser and publisher, as well as the amount orand remuneration paid to the publisher, and the methodology for the calculation of advertising intermediation fees and surcharges for the publishing of a given ad and for each of the relevant advertising services provided by the gatekeeper.
2021/09/09
Committee: ECON
Amendment 476 #
Proposal for a regulation
Article 5 – paragraph 1 – point g a (new)
(g a) in addition to the obligations pursuant to Regulation(EU) 2019/1150, ensure that the full chronology of the contracts concluded between the gatekeeper and a business user as well as any corresponding terms and conditions are easily available to that business user at all stages of the commercial relationship, including for at least five years following the end of the relationship.
2021/09/09
Committee: ECON
Amendment 520 #
Proposal for a regulation
Article 6 – paragraph 1 – point d a (new)
(d a) refrain from treating more favourably in search results any sponsored or paid for online intermediation services as compared to organic, purely relevance-based online intermediation services;
2021/09/09
Committee: ECON
Amendment 541 #
Proposal for a regulation
Article 6 – paragraph 1 – point g
(g) provide advertisers and publishers, upon and independent their request andd parties mandated by advertisers and publishers, free of charge, with access to the performance measuring tools of the gatekeeper and the informationreliable and granular data necessary for advertisers and, publishers and mandated independent third parties to carry out their own independent verification of the ad inventory;
2021/09/09
Committee: ECON
Amendment 544 #
Proposal for a regulation
Article 6 – paragraph 1 – point g a (new)
(g a) establish and enable on a lasting basis, interoperability of each of the technical components used by the gatekeeper for the provision of advertising services with each of the technical components used by third party advertising service providers;the gatekeeper must ensure that the use of its technical components by a business user in combination with technical components of a third party advertising service provider is possible under the same conditions as applied by the gate- keeper in the provision of advertising services.This obligation includes but is not limited to: (i) the seamless interconnection of ad servers, sell-side platforms, demand-side platforms, data management platforms and other technical components used in digital advertising by the gatekeeper and/or third advertising service providers through open, fully-functional and latency-free interfaces; (ii) the duty to make licitly available targeting information including data processed under Regulation (EU) 2016/679;to this end, the gatekeeper shall procure that the end user has been presented with the specific information and/or choice and provided consent, if necessary, to the processing of data under the same terms applied and with the same effort made by the gatekeeper for its own purposes in digital advertising; (iii) the duty to make available to a business user which is not a gatekeeper pursuant to Article 3 for resale inventory for targeted advertising generated through the operation of a core platform service or a related service of the gatekeeper at fair and competitive wholesale prices, terms and conditions.
2021/09/09
Committee: ECON