Activities of Angel DZHAMBAZKI related to 2015/0287(COD)
Legal basis opinions (0)
Amendments (20)
Amendment 270 #
Proposal for a directive
Recital 34
Recital 34
(34) The supplier should be liable to the consumer for the lack of conformity with the contract and for any failure to supply the digital content. Moreover, given that digital content may be supplied over a period of time, it is justified that the supplier should be liable for any lack of conformity which occurs during that period. However, the supplier should not be liable for faulty digital content that is the result of issues falling beyond the control of the supplier, such as device incompatibility or poor internet connection.
Amendment 296 #
Proposal for a directive
Recital 37
Recital 37
(37) As a second step, the consumer should be entitled to have the price reduced or the contract terminated. The right of a consumer to have the contract terminated should be limited to those cases where for instance bringing the digital content to conformity is not possible and the non- conformity impairs the main performance features of the digital content. Where the consumer terminates the contract, the supplier should reimburse the price paid by the consumer or, where the digital content is supplied not in exchange for a price but against access to data provided by the consumer, and that personal data is reasonably identifiable and reasonably retrievable, the supplier should refrain from using it, from transferring that data to third parties or allowing third parties to access it after termination of the contract. Fulfilling the obligation to refrain from using data should mean in the case when the counter- performance consists of personal data, that the supplier should take all measures in order to comply with data protection rules by deleting it or rendering it anonymous in such a way that the consumer cannot be identified by any means likely reasonably to be used either by the supplier or by any other person. Without prejudice to obligations of a controller under Directive 95/46/EC the supplier should not be obliged to undertake any further steps in relation to data which the supplier has lawfully provided to third parties in the course of the duration of the contract for the supply of the digital content.
Amendment 315 #
Proposal for a directive
Recital 39
Recital 39
(39) In order to ensure that the consumer benefits from effective protection in relation to the right to terminate the contract, the supplier should allow the consumer to retrieve all data uploaded by reasonably identifiable and reasonable retrievable personal data of the consumer, produced by the consumer with the use of the digital content or generated through the consumer's use of the digital content. This obligation should extend to data which the supplier is obliged to retain under the contract for the supply of the digital content as well as to data which the supplier has effectively retained in relation to the contract.
Amendment 320 #
Proposal for a directive
Recital 40
Recital 40
(40) Where, following the termination of the contract because of a lack of conformity with the contract, the supplier provides the consumer with the technical means to retrieve thereasonably identifiable and reasonably retrievable personal data, the consumer should be entitled to retrieve theis data free of any costs, for example the cost of employing a commonly used data format with the exception of costs generated by the consumer's own digital environment including the costs of a network connection as they are not specifically linked with the retrieval of theis data.
Amendment 347 #
Proposal for a directive
Recital 45
Recital 45
(45) Due to technological or other reasons the supplier might be compelled to change features of the digital content supplied over a period of time. These changes are often to the advantage of the consumer as they improve the digital content. Consequently, the parties to the contract may include respective clauses in the contract which allow the supplier to undertake modifications. However, where such modifications negatively affect the way the consumer benefits from main performance features of the digital contenmean that the digital content being supplied no longer matches the description provided by the supplier to the consumer at the outset, they may disturb the balance of the contract or the nature of the performance due under the contract to an extent that the consumer may not have concluded such a contract. Therefore, in such cases these modifications should be subject to certain conditions.
Amendment 350 #
Proposal for a directive
Recital 46
Recital 46
(46) Competition is an important element for a well-functioning digital single market. In order to stimulate such a competition, consumers should be enabled to respond to competitive offers and to switch between suppliers. In order to make this work in practice, they should be able to do so without being hindered by legal, technical or practical obstacles, including contractual conditions or lack of means for retrieving all data uploaded by the consumer, produced by the consumer with the use of the digital content or generated through the consumer's use of the digital content. However, it is also important to protect existing investments and the trust in concluded contracts. Therefore consumers should be given the right to terminate long-term contracts under certain balanced conditions. This does not preclude that consumer contracts may be concluded for longer contractual periods. However, the consumer should be entitled to terminate any contractual relation that altogether lasts for a period longer than 12 months. In order to prevent any circumvention of this right it should cover any contract which results in the consumer being bound by the contract for more than 12 months, irrespective of whether the contract is of indeterminate duration or is extended automatically or following a subsequent agreement by the partiestracts concluded between consumers and suppliers providing digital content shall not mandate an initial commitment period that exceeds 24 months, without prejudice to the ability of suppliers to charge early termination charges in the event the customer does not subscribe to the contract for the agreed contractual period.
Amendment 445 #
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 paid or the consumer actively provides counter-performance other than money in the form of personal data or any other dataof monetary payment.
Amendment 473 #
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. This Directive shall not apply to digital content provided against counter- performance other than money to the extent the supplier requests the consumer to provide personal data the processing of which is strictly necessary for the performance of the contractwhere personal data or other data provided by the consumer are used by the supplier for the primary purpose of supplying the whole or part of the digital content or service or forto meeting legal requirements andto which the supplier does not further process them in a way incompatible with this purpose. It shall equally not apply to any other data the supplier requests the consumer to provide for the purpose of ensuring that the digital content is in conformity with the contract or of meeting legal requirements, and the supplier does not use that data for commercialis subject and the supplier does not process the personal data or other data for any other unrelated purposes.
Amendment 620 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. At the time the digital content is supplied to the consumer, the digital content shall be free of any right of anot be infringing any third party rights, including based on intellectual property, so that the digital content can be used in accordance with the contract. .
Amendment 627 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Where the digital content is supplied over a period of time, the supplier shall, for the duration of that period, keep the digital content supplied to the consumer free of any righinfringement of a third party rights, including that based on intellectual property, so that the digital content can be used in accordance with the contract.
Amendment 648 #
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 and where the supplier informed the consumer of such requirements before the conclusion of the contract. The consumer shall have a moral responsibility to take all steps necessary, and within his means, to ensure compatibility of the digital environment on his end, as per the requirements provided by the supplier.
Amendment 685 #
Proposal for a directive
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
The supplier shall not be liable, if: (1) the state of scientific and technical knowledge at the time when the digital contents were supplied, was not such as to enable him to recognise non-compliance with the contract. (2) the non-compliance with the contract is caused by circumstances that are not the responsibility of the supplier.
Amendment 776 #
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 meansspecific means, established by the supplier for that purpose. .
Amendment 795 #
Proposal for a directive
Article 13 – paragraph 2 – point b
Article 13 – paragraph 2 – point b
(b) where the personal data is reasonably identifiable and reasonably retrievable, the supplier shall take all measures which could be expected in order to refrain from the use of the counter- performance other than money 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 with the exception of the content which has been generated jointly by the consumer and others who continue to make use of the content;
Amendment 806 #
Proposal for a directive
Article 13 – paragraph 2 – point c
Article 13 – paragraph 2 – point c
(c) the supplier shall provide the consumer with technical means to retrieve all contentaccess to reasonably identifiable and reasonably retrievable personal data provided by the consumer and other data (other thany otherperational data which is not personal data) produced or generated through the consumer's use of the digital content to the extent that data has been retained by the supplier. The consumer shall be entitled to retrieve the content free of charge, without significant inconvenience, in reasonable time and in a commonly used data format;
Amendment 893 #
Proposal for a directive
Article 15 – paragraph 1 – point d
Article 15 – paragraph 1 – point d
(d) upon termination of the contract in accordance with point (c), the consumer is provided with technical means to retrieve reasonably identifiable and reasonably retrievable personall content provided in accordance with Article 13(2)(c).
Amendment 911 #
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 period or where the initial contract duration or any combination of renewal periods exceed 12 months, the consumer shall be entitled to terminate the contract any time after the expiration of the first 12 months periodContracts concluded between consumers and suppliers providing digital content shall not mandate an initial commitment period that exceeds 24 months.
Amendment 922 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The consumer shall exercise the right to terminate the contract by notice to the supplier given by any meansspecific any means established by the supplier for that purpose. The termination shall become effective 14 days after the receipt of the notice.
Amendment 937 #
Proposal for a directive
Article 16 – paragraph 4 – point a
Article 16 – paragraph 4 – point a
(a) where the personal data is reasonably identifiable and reasonably retrievable, the supplier shall take all measures which could be expected in order to refrain from the use of other counter- performance than money 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 (other than operational data which is not personal data);
Amendment 946 #
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 anyreasonably identifiable and reasonably retrievable personal content provided by the consumer and any other data, other than operational 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 the content without significant inconvenience, in reasonable time and in a commonly used data format; and