14 Amendments of Zdzisław KRASNODĘBSKI related to 2017/0003(COD)
Amendment 50 #
Proposal for a regulation
Recital 8
Recital 8
(8) This Regulation should apply to providers of electronic communications services, to providers of publicly available directories, and to software providers permitting electronic communications, including the retrieval and presentation of information on the internet and to other undertakings processing electronic communications data. This Regulation should also apply to natural and legal persons who use electronic communications services to send direct marketing commercial communications or collect information related to or stored in end-users’ terminal equipment.
Amendment 95 #
Proposal for a regulation
Recital 24
Recital 24
(24) For web browsers to be able to obtain end-users’ consent as defined under Regulation (EU) 2016/679, for example, to the storage of third party tracking cookies, they should, among others, require a clear affirmative action from the end-user of terminal equipment to signify his or her freely given, specific informed, and unambiguous agreement to the storage and access of such cookies in and from the terminal equipment. Such action may be considered to be affirmative, for example, if end-users are required to actively select ‘accept third party cookies’ to confirm their agreement and are given the necessary information to make the choice. To this end, it is necessary to require providers of software enabling access to internet that, at the moment of installation, end-users are informed about the possibility to choose the privacy settings among the various options and ask them to make a choice. Information provided should not dissuade end-users from selecting higher privacy settings and should include relevant information about the risks associated to allowing third party cookies to be stored in the computer, including the compilation of long-term records of individuals' browsing histories and the use of such records to send targeted advertising. Web browsers are encouraged toshall provide easy ways for end-users to change the privacy settings at any time during use and to allow the user to make exceptions for or to whitelist certain websites or to specify for which websites (third) party cookies are always or never allowed.
Amendment 113 #
Proposal for a regulation
Recital 39
Recital 39
(39) Each supervisory authority should be competent on the territory of its own Member State to exercise the powers and to perform the tasks set forth in this Regulation. In order to ensure consistent monitoring and enforcement of this Regulation throughout the Union, the supervisory authorities should have the same tasks and effective powers in each Member State, without prejudice to the powers of prosecutorial authorities under Member State law, to bring infringements of this Regulation to the attention of the judicial authorities and engage in legal proceedings. Member States and their supervisory authorities are encouraged to take account of the specific needs of start- ups, micro, small and medium-sized enterprises as defined in Article 2 of Directive 2013/34/EU in the application of this Regulation.
Amendment 128 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Where the provider of an electronic communications service is not established in the Union it shall designate, and prior to the start of its activity within the Union, in writing a representative in the Union.
Amendment 141 #
Proposal for a regulation
Article 4 – paragraph 3 – point f
Article 4 – paragraph 3 – point f
(f) ‘direct marketing communications’ means any form of advertisingcommercial communication, whether written or oral, intended primarily to promote products or services, or to influence consumer behaviour, which includes sponsorship of events with an aim to create a behavioural response in the consumer, sent to one or more identified or identifiable end-users of electronic communications services, including the use of automated calling and communication systems with or without human interaction, electronic mail, SMS, etc.;
Amendment 189 #
Proposal for a regulation
Article 6 – paragraph 3 – point b
Article 6 – paragraph 3 – point b
(b) if all end-users concerned have given their consent to the processing of their electronic communications content for one or more specified purposes that cannot be fulfilled by processing information that is made anonymous, and the provider has consulted the supervisory authority. The concern of all end-users is not required in the situation when electronic communication emitted by an individual end-user is grossly offensive or of an indecent, obscene or menacing character and pose danger to other end- users involved. Points (2) and (3) of Article 36 of Regulation (EU) 2016/679 shall apply to the consultation of the supervisory authority.
Amendment 265 #
Proposal for a regulation
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3a. The definition of and condition applicable to child's consent in relation to information society services provided for under Articles 8 of Regulation 2016/679/EU shall apply.
Amendment 280 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Upon installation, the software shall inform the end-user about the privacy settings options and, to continue with the installation, require the end-user to consent to a setting. Such software shall ensure that a consent given by an end-user in relation to an individual service provider under point (b) of Article 8(1) prevails over the general privacy settings chosen at the installation of software.
Amendment 294 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Union or Member State law may restrict by way of aadopt legislative measure the scope of the obligations and rights provided for in Articles 5 to 8 wheren such a restriction respects the essence of the fundamental rights and freedoms and iconstitutes a necessary, appropriate and proportionate measure in a democratic society to safeguard one or more of the general public interests referred to in Article 23(1)(a) to (e) of Regulation (EU) 2016/679 or a monitoring, inspection or regulatory function connected to the exercise of official authority for such interests. national security (i.e. State security), defence, public security, and the prevention, investigation, detention and prosecution of criminal offences or unauthorized use of the electronic communication system or a monitoring, inspection or regulatory function connected to the exercise of official authority for such interests. To this end, Member States may, inter alia, adopt legislative measures providing for the retention of data for a limited period justified on the grounds laid down in this paragraph. All the measures referred to in this paragraph shall be in accordance with the general principles of Community law, including those referred to in Article 6(1) and (2) of the TEU. It should be clearly stated that Member States can adopt legislative acts to restrict rights and obligations when necessary. Same wording than for the repealed Directive.
Amendment 307 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The providers of publicly available directorioperators of electronic information, communication and telecommunication services shall obtain the consent of end- users who are natural persons to include their personal data in the directory and, consequently,publicly available directories. The request for consent shall obcontain consent from these end-users for inclusion of data per category of personal data, to the extent that such data are relevant for the purpose of the directory as determined by the provider of the directory. Providers shall give end-users who are natural perspurposes of the directories and a data per category of personal data which will be included in directories, as well as information ons the means to verify, correct and delete such data, including the possibility of using preference services.
Amendment 309 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The providers of a publicly available directory shall inform end-users concerned who are natural persons whosethat their personal data are included in the directory and of the available search functions of the directory and obtain end-users’ consent before enabling such search functions related to their own data. The providers shall inform end-users about any new such search functions related to their own data. The providers shall inform end- users about means to verify, correct and delete such data, including the possibility of using preference services.
Amendment 315 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The providers of publicly available directorioperators of electronic information, communication and telecommunication services shall provide end-users that are legal persons with the possibility to object to data related to them being included in the directory. ProvideOperators shall give such end-users that are legal persons the means to verify, correct and delete such data.
Amendment 317 #
Proposal for a regulation
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4a. The article shall not apply to data provided to directories by the end-users themselves.
Amendment 344 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1