61 Amendments of Brando BENIFEI related to 2020/0374(COD)
Amendment 128 #
Proposal for a regulation
Recital 1
Recital 1
(1) Digital services in general and online platforms in particular play an increasingly important role in the economy, in particular in the internal market, by providing new business opportunities in the Union and facilitating cross-border trading. They serve as essential facilities for the digital economy by providing access to critical infrastructures.
Amendment 134 #
Proposal for a regulation
Recital 4
Recital 4
(4) The combination of those features of gatekeepers is likely to lead in many cases to serious imbalances in bargaining power and, consequently, to unfair practices and conditions for business users as well as end users of core platform services provided by gatekeepers, to the detriment of prices, quality, privacy and security standards, choice and innovation therein.
Amendment 135 #
Proposal for a regulation
Recital 4
Recital 4
(4) The combination of those features of gatekeepers is likely to lead in many cases to serious imbalances in bargaining power and, consequently, to unfair practices and conditions for business users as well as end users of core platform services provided by gatekeepers, to the detriment of pluralism, prices, quality, choice, fair competition and innovation therein.
Amendment 150 #
Proposal for a regulation
Recital 10
Recital 10
(10) Articles 101 and 102 TFEU and the corresponding national competition rules concerning anticompetitive multilateral and unilateral conduct as well as merger control have as their objective the protection of undistorted competition on the market. This Regulation pursues an objective that is complementary to, but different from that of protecting undistorted competition on any given market, as defined in competition-law terms, which is to ensure that markets where gatekeepers are present are and remain contestable and fair, and to protect the respective rights of business users and end users, independently from the actual, likely or presumed effects of the conduct of a given gatekeeper covered by this Regulation on competition on a given market. This Regulation therefore aims at protecting a different legal interest from those rules and should be without prejudice to their application.
Amendment 155 #
Proposal for a regulation
Recital 12
Recital 12
(12) Weak contestability and unfair practices in the digital sector are more frequent and pronounced for certain digital services than for others. This is the case in particular for widespread and commonly used digital services that mostly directly intermediate between business users and end users and where features such as extreme scale economies, very strong network effects, an ability to connect many business users with many end users through the multi-sidedness of these services, lock-in effects, a lack of multi- homing or vertical integration are the most prevalent. Often, there is only one or very few large providers of those digital services. These providers of core platform services have emerged most frequently as gatekeepers for business users and end users with far-reaching impacts, gaining the ability to easily set commercial conditions and terms in a unilateral and detrimental manner for their business users and end users. Accordingly, it is necessary to focus only on those digital services that are most broadly used by business users and end users and where, based on current market conditions, concerns about weak contestability and unfair practices by gatekeepers are more apparent and pressing from an internal market perspective.
Amendment 157 #
Proposal for a regulation
Recital 13
Recital 13
(13) In particular, online intermediation services, online search engines, operating systems, (including, inter alia, smart TVs and IPTVs), digital voice assistants and platforms that use integrated voice assistant technologies, mobile payment services, web-browsers, online social networking, video sharing platform services, video and audio on demand services, number- independent interpersonal communication services, cloud computing servicesdigital services which allow the creation of, processing of, accessing or storage of data in digital form, including software as a service such as cloud computing services, meaning an electronic platform or a cloud storage facility, that the consumer selects for receiving or storing the digital content or digital service 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 includedstated as example of core platform services and fall into the scope of this Regulation. This is without prejudice to the inclusion of other categories of digital services into the definition ofscope of the regulation. The fact that weak contestability and unfair practices in the digital sector are more frequent and pronounced in certain digital services than in others does not imply that other categories of services are exempt from it. The core platform services and fall intog under the scope of this Regulation should therefore not be limited to certain types of services. 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.
Amendment 187 #
Proposal for a regulation
Recital 24
Recital 24
(24) Provision should also be made for the assessment of the gatekeeper role of providers of core platform services which do not satisfy all of the quantitative thresholds, in light of the overall objective requirements that they have a significant impact on the internal market, act as an important gateway for business users to reach end users and benefit from a durable and entrenched position in their operations or it is foreseeable that it will do so in the near future as well as in light of their market share in the relevant market.
Amendment 193 #
Proposal for a regulation
Recital 29
Recital 29
(29) Designated gGatekeepers should comply with the obligations laid down in this Regulation in respect of each of the core platform services listed in the relevant designation decision. The mandatory rules should apply taking into account the conglomerate position of gatekeepers, where applicable. Furthermore, implementing measures that the Commission may by decision impose on the gatekeeper following a regulatory dialogue should be designed in an effective manner, having regard to the features of core platform services as well as possible circumvention risks and in compliance with the principle of proportionality and the fundamental rights of the undertakings concerned as well as those of third parties. The regulatory dialogue should by no means constitute grounds to assume that the gatekeeper may invoke an efficiency defence.
Amendment 194 #
Proposal for a regulation
Recital 30
Recital 30
(30) The very rapidly changing and complex technological nature of core platform services requires a regular review of the status of gatekeepers, including those that are foreseen to enjoy a durable and entrenched position in their operations in the near future. To provide all of the market participants, including the gatekeepers, with the required certainty as to the applicable legal obligations, a time limit for such regular reviews is necessary. It is also important to conduct such reviews on a regular basis and at least every two years. four years for designated gatekeepers to assess whether they continue to satisfy the requirements, and at least every year to assess whether new providers of core platform services satisfy those requirements.
Amendment 211 #
Proposal for a regulation
Recital 36
Recital 36
(36) The conduct of combining end user data from different sources or signing in users to different services of gatekeepers gives them potential advantages in terms of accumulation of data, thereby raising barriers to entry. To ensure that gatekeepers do not unfairly undermine the contestability of core platform services, they should enable their end usand in orders to freely choose to opt-in to such business practices by offering a less personalised alternative. The possibility should cover all possible sources of impede business models that are based on the collection of users’personal data, including own services of the gatekeeper as well as third party websites, and should be proactively presented to the end user in an explicit, clear and straightforward manner view of the fact that the design makes it often too hard if not impossible to refuse consent, combining personal data should be prohibited.
Amendment 232 #
Proposal for a regulation
Recital 39
Recital 39
(39) To safeguard a fair commercial environment and protect the contestability of the digital sector it is important to safeguard the right of business users and end users to raise concerns about unfair behaviour by gatekeepers with any relevant administrative or other public authorities. For example, business users or end users may want to complain about different types of unfair practices, such as discriminatory access conditions, unjustified closing of business user accounts or unclear grounds for product de-listings. Any practice that would in any way inhibit or hinder such a possibility of raising concerns or seeking available redress, for instance by means of confidentiality clauses in agreements or other written terms, should therefore be prohibited. This should be without prejudice to the right of business users or end users and gatekeepers to lay down in their agreements the terms of use including the use of lawful complaints-handling mechanisms, including any use of alternative dispute resolution mechanisms or of the jurisdiction of specific courts in compliance with respective Union and national law This should therefore also be without prejudice to the role gatekeepers play in the fight against illegal content online.
Amendment 241 #
Proposal for a regulation
Recital 41
Recital 41
(41) Gatekeepers should not restrict the free choice of end users by technically preventing switching between or subscription to different software applications and services or through product design. Gatekeepers should therefore ensure a free choice irrespective of whether they are the manufacturer of any hardware by means of which such software applications or services are accessed and should not raise artificial technical barriers so as to hamper or make switching impossible or ineffective. The mere offering of a given product or service to end users, including by means of pre- installation, as well the improvement of end user offering, such as better prices or increased quality, would not in itself constitute a barrier to switching.
Amendment 267 #
Proposal for a regulation
Recital 48
Recital 48
(48) Gatekeepers are often vertically integrated and offer certain products or services to end users through their own core platform services, or through a business user over which they exercise controlthat it cooperates with, which frequently leads to conflicts of interest. This can include the situation whereby a gatekeeper offers its own online intermediation services through an online search engine. When offering those products or services on the core platform service, gatekeepers can reserve a better position to their own offering, in terms of ranking, as opposed to the products of third parties also operating onusing that core platform service. This can occur for instance with products or services, including other core platform services, which are ranked in the results communicated by online search engines, or which are partly or entirely embedded in search results of online search engines results, groups of results specialised in a certain topic, displayed along with the results of an online search engine, which armay be considered or used by certain end users as a service distinct or additional to the online search engine. Other instances are those ofSuch preferential or embedded display should constitute an inadmissible preference, irrespective of whether the information or results may also be provided by competing services and are as such ranked in a non-discriminatory way. Inadmissible preferencing can also take place in other instances, such as software applications which are distributed through software application stores, or products or services that are given prominence and display in the newsfeed of a social network, or products or services ranked in search results or displayed on an online marketplace, or products or services users are directed to following a request by an end user to a digital voice assistant. In those circumstances, the gatekeeper is in a dual- role position as intermediary for third party providers and as direct provider of products or services of the gatekeeper. Consequently, these gatekeepers have the ability to undermine directly the contestability for those products or services on these core platform services, to the detriment of business users which are not controlled by the gatekeeper.
Amendment 282 #
Proposal for a regulation
Recital 50
Recital 50
(50) Gatekeepers should not restrict or prevent the free choice of end users by technically preventing switching between or subscription to different software applications and services. This would allow more providers to offer their services, thereby ultimately providing greater choice to the end user. Gatekeepers should ensure a free choice irrespective of whether they are the manufacturer of any hardware by means of which such software applications or services are accessed and shall not raise artificial technical barriers so as to make switching impossible or ineffective. The mere offering of a given product or service to consumers, including by means of pre-installation, as well as the improvement of the offering to end users, such as price reductions or increased quality, should not be construed as constituting a prohibited barrier to switching.
Amendment 284 #
Proposal for a regulation
Recital 50 a (new)
Recital 50 a (new)
(50 a) Gatekeepers may offer software applications or services which may be used on, or in conjunction with, a core service platform, such as operating systems or cloud computing services, offered by that gatekeeper. If the gatekeeper prevents end users from accessing and using their software applications on, or in conjunction with, products or services of competing providers under equal conditions as with the products or services of the gatekeeper, this could significantly undermine innovation by competing providers, as well as choice for end users. It should therefore be ensured that gatekeepers do not restrict to their advantage and to the detriment of competing providers, the choice of end users and business users of products or services of alternative providers which they use in conjunction with the core platform service offered by the gatekeeper.
Amendment 288 #
Proposal for a regulation
Recital 51
Recital 51
(51) Gatekeepers can hamper the ability of end users to access online content and services including software applications. Therefore, rules should be established to ensure that the rights of end users to access an open internet are not compromised by the conduct of gatekeepers. Gatekeepers can also technically limit the ability of end users to effectively switch between different Internet access service providers, in particular through their control over operating systems or hardware. This distorts the level playing field for Internet access services and ultimately harms end users. It should therefore be ensured that gatekeepers do not unduly restrict end users in choosing their Internet access service provider.
Amendment 293 #
Proposal for a regulation
Recital 52 a (new)
Recital 52 a (new)
(52 a) In line with the United Nations Convention on the Rights of Persons with Disabilities (UN CRPD) persons with disabilities should have access, on an equal basis with others, to information and communications technologies and systems, and other facilities and services open or provided to the public. The CRPD further states that the strict application of universal design to all new goods, products, facilities, technologies and services should ensure full, equal and unrestricted access for all potential consumers, including persons with disabilities, in a way that takes full account of their inherent dignity and diversity. To this end digital services and providers of core platform services, in particular gatekeepers, should comply with the obligations enshrined in the UN CRPD and the Digital Markets Act and ensure that the regulatory framework for gatekeeping services protects the rights of all end-users, including persons with disabilities.
Amendment 296 #
Proposal for a regulation
Recital 53 a (new)
Recital 53 a (new)
(53 a) Given the cross-border nature of digital services, any action at EU level to harmonise accessibility requirements for gatekeepers across the internal market should avoid market fragmentation and ensure equal rights to access and choice to all end-users, including by persons with disabilities. To this end the provision of this regulation should address the lack of harmonised accessibility requirements for gatekeepers in line with the existing Union accessibility legislation, such as the European Accessibility Act (Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019) and the Web Accessibility Directive (Directive(EU) 2016/2102 of the European Parliament and of the Council of 26 October 2016on the accessibility of the websites and mobile applications of public sector bodies) and in line with the Union Strategy for the Rights of Persons with Disabilities 2021-2030 and the Union’s commitment to the United Nations’ Sustainable Development Goals.
Amendment 297 #
Proposal for a regulation
Recital 54 a (new)
Recital 54 a (new)
(54 a) The notions of ‘access’ or ‘accessibility’ are often referred to with the meaning of affordability, availability, or in relation to access to data, use of network, etc. It is important to distinguish these from ‘accessibility for persons with disabilities’ which means that services, technologies and products are perceivable, operable, understandable and robust for persons with disabilities.
Amendment 302 #
Proposal for a regulation
Recital 56
Recital 56
(56) The value of online search engines to their respective business users and end users increases as the total number of such users increases. Providers of online search engines collect and store aggregated and anonymised datasets containing information about what users searched for, and how they interacted with, the results that they were served. Providers of online search engine services collect these data from searches undertaken on their own online search engine service and, where applicable, searches undertaken on the platforms of their downstream commercial partners. Access by gatekeepers to such ranking, query, click and view data constitutes an important barrier to entry and expansion, which undermines the contestability of online search engine services. Gatekeepers should therefore be obliged to provide access, on fair, reasonable and non-discriminatory terms, to these ranking, query, click and view data in relation to free and paid search generated by consumers on online search engine services to other providers of such services, so that these third-party providers can optimise their services and contest the relevant core platform services. Such access should also be given to third parties contracted by a search engine provider, who are acting as processors of this data for that search engine. When providing access to its search data, a gatekeeper should ensure the protection of the personal data of end users by appropriate means, without substantially degrading the quality or usefulness of the data.
Amendment 310 #
Proposal for a regulation
Recital 57
Recital 57
(57) In particular gatekeepers which provide access to software application storeCore platform services offered by gatekeepers serve as an important gateway for business users that seek to reach end users. In view of the imbalance in bargaining power between those gatekeepers and business users of their software application stores, those gatekeepers should not be allowed to impose general conditions, including pricing conditions, that would be unfair or lead to unjustified differentiation. Pricing or other general access conditions should be considered unfair if they lead to an imbalance of rights and obligations imposed on business users or confer an advantage on the gatekeeper which is disproportionate to the service provided by the gatekeeper to business users or lead to a disadvantage for business users in providing the same or similar services as the gatekeeper. The following benchmarks can serve as a yardstick to determine the fairness of general access conditions: prices charged or conditions imposed for the same or similar services by other providers of software application storesthe relevant core platform service; prices charged or conditions imposed by the provider of the software application storegatekeeper for different related or similar services or to different types of end users; prices charged or conditions imposed by the provider of the software application store for the same service in different geographic regions; prices charged or conditions imposed by the provider of the software application storegatekeeper for the same service the gatekeeper offers to itself. This obligation should not establish an access right and it should be without prejudice to the ability of providers of software application stores to take the required responsibility in the fight against illegal and unwanted content as set out in Regulation [Digital Services Act]. This obligation shall ensure that access conditions to core platform services are also fair and non-discriminatory for end- users.
Amendment 354 #
Proposal for a regulation
Recital 68
Recital 68
(68) In order to ensure effective implementation and compliance with this Regulation, the Commission, supported by the Member States, should have strong investigative and enforcement powers, to allow it to investigate, enforce and monitor the rules laid down in this Regulation, while at the same time ensuring the respect for the fundamental right to be heard and to have access to the file in the context of the enforcement proceedings. The Commission should dispose of these investigative powers also for the purpose of carrying out market investigations for the purpose of updating and reviewing this Regulation.
Amendment 359 #
Proposal for a regulation
Recital 72
Recital 72
(72) The Commission should be able to take the necessary actions to monitor the effective implementation and compliance with the obligations laid down in this Regulation. Such actions should include the ability of the Commission to appoint independent external experts, such as and auditors to assist the Commission in this process, including where applicable from competent independent authorities, such as data or consumer protection authorities. The Commission should set up rotating auditor teams with members from different organisations and backgrounds in order to strike a balance between obtaining institutional knowledge and experience on the one hand and avoiding regulatory capture on the other hand. The teams should rotate and be regularly restructured to achieve a proper balance between experience and modernity. Rotating teams of auditors are more difficult to capture than single persons. This should apply as well to any external independent control authority. Auditors or staff from any external independent control authority should also be subject to an appropriate “cooling off” period.
Amendment 364 #
Proposal for a regulation
Recital 74 a (new)
Recital 74 a (new)
(74 a) Consumers should be entitled to enforce their rights in relation to the obligations imposed on gatekeepers under this Regulation through collective redress actions in accordance with Directive (EU) 2020/1818.
Amendment 386 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down harmonised rules ensuring contestable and fair markets for both business users and end users, in the digital sector across the Union where gatekeepers are present.
Amendment 400 #
Proposal for a regulation
Article 1 – paragraph 6
Article 1 – paragraph 6
6. This Regulation is without prejudice to the application of Articles 101 and 102 TFEU. It is also without prejudice to the application of: national rules prohibiting anticompetitive agreements, decisions by associations of undertakings, concerted practices and abuses of dominant positions; national competition rules prohibiting other forms of unilateral conduct insofar as they are applied to undertakings other than gatekeepers or amount to imposing additional obligations on gatekeepers; Council Regulation (EC) No 139/200438 and national rules concerning merger control; Regulation (EU) 2019/1150 and Regulation (EU) …./.. of the European Parliament and of the Council39 and Directive(EU) 2019/882[1] and Directive (EU)2018/1808[2]. [1] Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (Text with EEA relevance) [2] Directive (EU) 2018/1808 of the European Parliament and of the Council of 14 November 2018 amending Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisualmedia services (Audiovisual Media Services Directive) in view of changing market realities. _________________ 38Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (OJ L 24, 29.1.2004, p. 1). 39Regulation (EU) …/.. of the European Parliament and of the Council – proposal on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC.
Amendment 403 #
Proposal for a regulation
Article 1 – paragraph 6
Article 1 – paragraph 6
6. This Regulation is without prejudice to the application of Articles 101 and 102 TFEU. It is also without prejudice to the application of: national rules prohibiting anticompetitive agreements, decisions by associations of undertakings, concerted practices and abuses of dominant positions; national competition rules prohibiting other forms of unilateral conduct insofar as they are applied to undertakings other than gatekeepers or amount to imposing additional obligations on gatekeepers; Council Regulation (EC) No 139/200438 and national rules concerning merger control; Regulation (EU) 2019/1150 and Regulation (EU) …./.. of the European Parliament and of the Council39 . It is as well without prejudice to Regulation (EU) 2019/1150; Regulation (EU) 2016/679; Directive 2002/58 and Directive 2005/29/EC of the European Parliament and of the Council and Council Directive 93/13/EEC. _________________ 38Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (OJ L 24, 29.1.2004, p. 1). 39Regulation (EU) …/.. of the European Parliament and of the Council – proposal on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC.
Amendment 413 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – introductory part
Article 2 – paragraph 1 – point 2 – introductory part
(2) ‘Core platform service’ means a widespread and commonly used digital service that intermediates between business users and end users or within either group and is provided by a multi- sided platform service provider that can but does not have to be multi sided, such as any of the following:
Amendment 478 #
(18 a) ’Search results’ means any information in any format, including texts, graphics, voice or other output, returned by core platform services provider in response and related to a written or oral search query, irrespective of whether the information is an organic result, a paid result, a direct answer or any product, service or information offered in connection with, or displayed along with, or partly or entirely embedded in, the organic results;
Amendment 489 #
Proposal for a regulation
Article 2 – paragraph 1 – point 23 a (new)
Article 2 – paragraph 1 – point 23 a (new)
(23 a) ‘persons with disabilities’ means persons within the meaning of Article 3 (1) of Directive (EU) 2019/882;
Amendment 501 #
Proposal for a regulation
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. A provider of core platform services shall be presudeemed to satisfy:
Amendment 520 #
Proposal for a regulation
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) the requirement in paragraph 1 point (c) where the thresholds in point (b) were met in each of the last threewo financial years.
Amendment 522 #
Proposal for a regulation
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
3. Where a provider of core platform services meets all the thresholds in paragraph 2, it shall notify the Commission thereof within three months after those thresholds are satisfied and provide it with the relevant information identified in paragraph 2.. That notification shall include the relevant information identified in paragraph 2 for each of the core platform services of the provider that meets the thresholds in paragraph 2 point (b). The notification shall be updated whenevbe considered as a gatekeeper and shall comply with all its obligations under other core platform services individually meet the thresholds in paragraph 2 point (b)urrent Regulation.
Amendment 629 #
Proposal for a regulation
Article 5 – paragraph 1 – point c a (new)
Article 5 – paragraph 1 – point c a (new)
Amendment 684 #
Proposal for a regulation
Article 5 – paragraph 1 – point g a (new)
Article 5 – paragraph 1 – point g a (new)
(g a) refrain from imposing on end users software applications or services to be used on, or in conjunction with a core platform service, licensing conditions or economic terms that have the effect of limiting, to the benefit of the software applications or services offered by the gatekeeper, access or economic incentive for end users to use software applications or services on, or in conjunction with, alternative products or services than those of the gatekeeper.
Amendment 693 #
Proposal for a regulation
Article 5 – paragraph 1 – point g a (new)
Article 5 – paragraph 1 – point g a (new)
(g a) not use, any data that has been generated in the relationship between business users and end users, and that is not also available to the business user itself; this includes not using such data to launch products or services that compete with the products or services offered by their business users;
Amendment 703 #
Proposal for a regulation
Article 5 – paragraph 1 – point g b (new)
Article 5 – paragraph 1 – point g b (new)
Amendment 707 #
Proposal for a regulation
Article 6 – title
Article 6 – title
Obligations for gatekeepers susceptible of being further technically specified
Amendment 738 #
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
Amendment 766 #
Proposal for a regulation
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
(e) refrain fromnot technically restricting the ability of end users to switch between and subscribe to different software applications and services to be accessed using the operating system of the gatekeeper, including as regards the choice of Internet access provider for end users;
Amendment 774 #
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
(f) allow business users, end users and providers of ancillary services access to and interoperability with the same operating system, hardware or software features that are available or used in the provision by the gatekeeper of any ancillary servicesof those services while guaranteeing a high level of security and personal data protection;
Amendment 785 #
Proposal for a regulation
Article 6 – paragraph 1 – point g
Article 6 – paragraph 1 – point g
(g) provide advertisers and publishers, upon their request and free of charge, with access to the performance measuring tools of the gatekeeper and provide for entire disclosure and transparency of the parameters and data used for decision making, execution and measurement of the intermediation services. A gatekeeper shall further provide, free of charge, complete and the information necessary for advertisers and publishers to carry out their own independent high-quality and real- time evaluation of intermediation services, including verification of the ad inventory;
Amendment 794 #
Proposal for a regulation
Article 6 – paragraph 1 – point h
Article 6 – paragraph 1 – point h
(h) provideimplement appropriate technical and organisational measures for ensuring effective portability of data generated through the activity of a business user or end user and shall, in particular, provide tools for end users to facilitate the exercise of data portability that is adequate, relevant and limited to what is necessary, in line with Regulation EU 2016/679, including by the provision of continuous and real-time access ;
Amendment 806 #
Proposal for a regulation
Article 6 – paragraph 1 – point i a (new)
Article 6 – paragraph 1 – point i a (new)
(i a) provide their services, including user interfaces, in an accessible way to persons with disabilities in accordance with Article 13 of Directive (EU) 2019/882 and ensure that business users which rely on their core platform service to reach consumers for offering services and products in the scope of Directive(EU) 2019/882, comply with the requirements of Directive (EU) 2019/882.
Amendment 833 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
Amendment 835 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. For the purposes of point (a) of paragraph 1 data that is not publicly available shall include any aggregated and non-aggregated data generated by business users that can be inferred from, or collected through, the commercial activities of business users or their customers on the core platform service of the gatekeeper. The Commission is required to publish the technical specifications for individual gatekeepers, without prejudice to business secrets.
Amendment 855 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Where the Commission finds that the measures that the gatekeeper intends to implement pursuant to paragraph 1, or has implemented, do not ensure effective compliance with the relevant obligations laid down in Article 6, it may by decision specify the measures that the gatekeeper concerned shall implement, following regulatory dialogue to facilitate compliance. The Commission shall adopt such a decision within six months from the opening of proceedings pursuant to Article 18.
Amendment 929 #
Proposal for a regulation
Article 10 – paragraph 2 – point b a (new)
Article 10 – paragraph 2 – point b a (new)
(ba) the rights of users in relation to their privacy and equal access and choice to services, including for users with disabilities, is not guaranteed.
Amendment 934 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. A gatekeeper shall ensure that the obligations of Articles 5 and 6 are fully and effectively complied with by the gatekeeper themselves as well as undertakings which they belong. While the obligations of Articles 5 and 6 apply in respect of core platform services designated pursuant to Article 3, their implementation shall not be undermined by any behaviour of the undertaking to which the gatekeeper belongs, regardless of whether this behaviour is of a contractual, commercial, technical or any other nature.
Amendment 952 #
Proposal for a regulation
Article 12 – title
Article 12 – title
Amendment 990 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. In the course of a market investigation pursuant to paragraph 1, the Commission shall endeavour to communicate its preliminary findings to the provider of core platform services concerned within six months from the opening of the investigation. In the preliminary findings, the Commission shall explain whether it considers, on a provisional basis, that the provider of core platform services should be designated as a gatekeeper pursuant to Article 3(6).
Amendment 1058 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
The Commission mayshall interview any natural or legal person which consents to being interviewed for the purpose of collecting information, relating to the subject-matter of an investigation, including in relation to the monitoring, implementing and enforcing of the rules laid down in this Regulation.
Amendment 1080 #
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
1a. End-users as well as their representatives have the right to submit formal complaints about gatekeepers non- compliance with the obligations set out in this Regulation in order to facilitate the monitoring of obligations and measures.
Amendment 1083 #
Proposal for a regulation
Article 25 – paragraph 1 – introductory part
Article 25 – paragraph 1 – introductory part
1. The Commission shall adopt a non- compliance decision in accordance with the advisory procedure referred to in Article 32(4) within a period of 6 months beginning from the moment of non- compliance where it finds that a gatekeeper does not comply with one or more of the following:
Amendment 1087 #
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. In the non-compliance decision adopted pursuant to paragraph 1, the Commission shall order the gatekeeper to cease and desist with the non-compliance within an appropriate deadline and to provide explanations on how it plans to comply with the decision. The Commission may by decision adopted in accordance with the advisory procedure referred to in Article 32(4) impose on such gatekeeper any behavioural remedies which are proportionate to the infringement committed and necessary to ensure compliance with this Regulation.
Amendment 1101 #
Proposal for a regulation
Article 26 – paragraph 2 – introductory part
Article 26 – paragraph 2 – introductory part
2. The Commission may by decision impose on undertakings and associations of undertakings fines not exceeding 15% of the total turnover in the preceding financial year where they intentionally or negligently:
Amendment 1126 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Gatekeepers, undertakings and, associations of undertakings concerned and third parties with a legitimate interest may submit their observations to the Commission’s preliminary findings within a time limit which shall be fixed by the Commission in its preliminary findings and which may not be less than 14 days.
Amendment 1152 #
Proposal for a regulation
Article 33 – title
Article 33 – title
Request for a market investigation and non-compliance proceedings
Amendment 1155 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. When threone or more designated authorities of the Member States request the Commission to open an investigation pursuant to Article 15, 16 or 17 because they consider that there are reasonable grounds to suspect that a provider of core platform services should be designated as a gatekeeper that there are new core platform services and practices to be added, or that there is a situation of (systemic) non-compliance, the Commission shall within fourthree months examine whether there are reasonable grounds to open such an investigation. If the Commission decides not to open an investigation, the Commission shall publish the respective reasons.
Amendment 1176 #
Proposal for a regulation
Article 33 a (new)
Article 33 a (new)
Article 33 a In the Annex I to Directive (EU) 2020/1828 of the European Parliament and of the Council (3), the following point is added: Regulation (EU) 20XX/XXXX of the European Parliament and of the Council of DD MMM YYYY on contestable and fair markets in the digital sector.
Amendment 1185 #
Proposal for a regulation
Article 36 – paragraph 1 – point c a (new)
Article 36 – paragraph 1 – point c a (new)
(ca) further specification of accessibility requirements pursuant point (l - new) of Article 6(1).