Activities of Ignazio CORRAO related to 2020/0361(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC
Amendments (18)
Amendment 24 #
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
(29 a) Providers of intermediary services should not be obliged to use automated tools for content moderation because such tools are incapable of effectively understanding the subtlety of context and meaning in human communication, which is necessary to determine whether assessed content violates the law or terms of service. Human review of automated reports by service providers or their contractors does not fully solve this problem, especially if it is outsourced to staff that lack sufficient independence, qualification and accountability.
Amendment 37 #
Proposal for a regulation
Recital 49
Recital 49
(49) In order to contribute to a safe, trustworthy and transparent online environment for consumers, as well as for other interested parties such as competing traders and holders of intellectual property rights, and to deter traders from selling products or services in violation of the applicable rules, online platforms allowing consumers to conclude distance contracts with traders should ensure that such traders are traceable. The trader should therefore be required to provide certain essential information to the online platform, including for purposes of promoting messages on or offering products. That requirement should also be applicable to traders that promote messages on products or services on behalf of brands, based on underlying agreements. Those online platforms should verify such information and store all information in a secure manner for a reasonable period of time that does not exceed what is necessary, so that it can be accessed, in accordance with the applicable law, including on the protection of personal data, by public authorities and private parties with a legitimate interest, including through the orders to provide information referred to in this Regulation.
Amendment 83 #
Proposal for a regulation
Article 2 – paragraph 1 – point n
Article 2 – paragraph 1 – point n
(n) ‘advertisement’ means information designed to promote the messageor rank information, products or services of a legal or natural person, irrespective of whether to achieve commercial or non-commercial purposes, and displayed by an online platform on its online interface against direct or indirect remuneration specifically for promoting that information, product or service;
Amendment 87 #
Proposal for a regulation
Article 2 – paragraph 1 – point o
Article 2 – paragraph 1 – point o
(o) ‘recommender system’ means a fully or partially automated system used by an online platform to suggest in its online interface specific information, products or services to recipients of the service, including as a result of a search initiated by the recipient or otherwise determining the relative order or prominence of information displayed;
Amendment 89 #
(q a) ‘online marketplace’ means a service using software, including a website, part of a website or an application, operated by or on behalf of a trader which allows consumers to conclude distance contracts with other traders or consumers.
Amendment 95 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Paragraph 1 shall not apply with respect to liability under consumer protection law of online platforms allowing consumers to conclude distance contracts with traderof this article shall not apply to providers of online marketplaces, where such an online platformmarketplace presents the specific item of information, product or service or otherwise enables the specific transaction at issue in a way that would lead an average and reasonably well-informed consumer to believe that the information, or the product or service that is the object of the transaction, is provided either by the online platform itself or by a recipient of the service who is acting under its authority or control.
Amendment 97 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. This Article shall not affect the possibility for a court or administrative authority, in accordance with Member States' legal systems, of requiring the service provider to terminate or prevent an infringement.
Amendment 160 #
Proposal for a regulation
Article 22 – title
Article 22 – title
Traceability of traders, products and services
Amendment 163 #
Proposal for a regulation
Article 22 – paragraph 1 – point a
Article 22 – paragraph 1 – point a
(a) the name, address, telephone number and electronic mail address of the trader; and, as required under Union or Member State law, of the authorised representative of the trader, where required.
Amendment 170 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The online platform shall, upon receiving that information, and prior to allowing traders to use its services, make reasonable efforts to assess whether the information referred to in points (a), (d) and (e) of paragraph 1 is reliable through the use of any freely accessible official online database or online interface made available by a Member States or the Union or through requests to the trader to provide supporting documents from reliable sources.
Amendment 173 #
Proposal for a regulation
Article 22 – paragraph 3 – introductory part
Article 22 – paragraph 3 – introductory part
3. Where the online platform obtains indications that any item of information referred to in paragraph 1 obtained from the trader concerned is inaccurate or incomplete, that platform shall request the trader to correct the information in a swift manner so far as necessary to ensure that all information is accurate and complete, without delay or within the time period set by Union and national law.
Amendment 181 #
Proposal for a regulation
Article 22 – paragraph 7 a (new)
Article 22 – paragraph 7 a (new)
7 a. The online platform shall not subvert or impair consumers’ decision- making or choice via the structure or function of operation of their online interface.
Amendment 183 #
Proposal for a regulation
Article 24 – title
Article 24 – title
Online advertising transparencyrules
Amendment 187 #
Proposal for a regulation
Article 24 – paragraph 1 – point a
Article 24 – paragraph 1 – point a
(a) that the information displayed is an advertisement and whether the advertisement is a result of an automated mechanism, such as an ad exchange mechanism;
Amendment 191 #
Proposal for a regulation
Article 24 – paragraph 1 – point c
Article 24 – paragraph 1 – point c
(c) meaningful information about the main parameters used to determine the recipient to whom the advertisement is displayedtarget and display the advertisement that would allow the consumer to determine why and how the advertisement in question was shown to the consumer.
Amendment 195 #
Proposal for a regulation
Article 24 a (new)
Article 24 a (new)
Amendment 210 #
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Very large online platforms that use recommender systems shall set out in their terms and conditions, in a clear, accessible and easily comprehensible manner, the main parameters used in their recommender systems, as well as any options for the recipients of the service to modify or influence those main parameters that they may have made available, including at least one option which is not based on profil. Online platforms shall ensure consumers are not profiled by default, unless consumers genuinely opt-ing, in line within the meaning of Article 4 (4) ofrequirements established under Regulation (EU) 2016/679.
Amendment 211 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Where several options are available pursuant to paragraph 1, vVery large online platforms shall provide an easily accessible functionality on their online interface allowing the recipient of the service to select and to modify at any time their preferred option for each of the recommender systems that determines the relative order of information presented to them. However, the online platform shall not subvert or impair consumers’ autonomy, decision- making, or choice via the structure, function or manner of operation of their online interface or a part thereof