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15 Amendments of Krzysztof HETMAN related to 2020/0361(COD)

Amendment 291 #
Proposal for a regulation
Recital 23 a (new)
(23a) Consumers should be able to safely purchase products and services online, irrespective of whether a product or service has been produced in the Union. For that reason, traders from third countries should establish a legal representative in the Union to whom claims regarding product safety could be addressed. Providers of intermediary services from inside the Union as well as from third countries should ensure compliance with product requirements set out in Union law.
2021/07/08
Committee: IMCO
Amendment 331 #
Proposal for a regulation
Recital 31
(31) The territorial scope of such orders to act against illegal content should be clearly set out on the basis of the applicable Union or national law enabling the issuance of the order and should not exceed what is strictly necessary to achieve its objectives. In that regard, the national judicial or administrative authority issuing the order should balance the objective that the order seeks to achieve, in accordance with the legal basis enabling its issuance, with the rights and legitimate interests of all third parties that may be affected by the order, in particular their fundamental rights under the Charter. In addition, where the order referring to the specific information may have effects beyond the territory of the Member State of the authority concerned, the authority should assess whether the information at issue is likely to constitute illegal content in other Member States concerned and, where relevant, take account of the relevant rules of Union law or international law and the interests of international comity. Since intermediaries should not be required to remove information which is legal in their country of establishment, national and Union authorities should be able to order the blocking of content legally published outside the Union only for the territory of the Union where Union law is infringed and for the territory of the issuing Member State where national law is infringed.
2021/07/08
Committee: IMCO
Amendment 358 #
Proposal for a regulation
Recital 36 a (new)
(36a) Providers of intermediary services should also establish a single point of contact for recipients of services, allowing rapid, direct and efficient communication.
2021/07/08
Committee: IMCO
Amendment 376 #
Proposal for a regulation
Recital 40
(40) Providers of hosting services play a particularly important role in tackling illegal content online, as they store information provided by and at the request of the recipients of the service and typically give other recipients access thereto, sometimes on a large scale. It is important that all providers of hosting services, regardless of their size, put in place easily accessible, comprehensive and user-friendly notice and action mechanisms that facilitate the notification of specific items of information that the notifying party considers to be illegal content to the provider of hosting services concerned ('notice'), pursuant to which that provider can decide whether or not it agrees with that assessment and wishes to remove or disable access to that content ('action')following the applicable law ('action'). Such mechanisms should be clearly visible on the interface of the hosting service and easy to use. Provided the requirements on notices are met, it should be possible for individuals or entities to notify multiple specific items of allegedly illegal content through a single notice. The obligation to put in place notice and action mechanisms should apply, for instance, to file storage and sharing services, web hosting services, advertising servers and paste bins, in as far as they qualify as providers of hosting services covered by this Regulation. Providers of hosting services could, as a voluntary measure, conduct own-investigation measures to prevent content which has previously been identified as illegal from being disseminated again once removed. The obligations related to notice and action should by no means impose general monitoring obligations.
2021/07/08
Committee: IMCO
Amendment 385 #
Proposal for a regulation
Recital 41
(41) The rules on such notice and action mechanisms should be harmonised at Union level, so as to provide for the timely, diligent and objective processing of notices on the basis of rules that are uniform, transparent and clear and that provide for robust safeguards to protect the right and legitimate interests of all affected parties, in particular their fundamental rights guaranteed by the Charter, irrespective of the Member State in which those parties are established or reside and of the field of law at issue. The fundamental rights include, as the case may be, the right to freedom of expression and information, the right to respect for private and family life, the right to protection of personal data, the right to non-discrimination and the right to an effective remedy of the recipients of the service; the freedom to conduct a business, including the freedom of contract, of service providers; as well as the right to human dignity, the rights of the child, the right to protection of property, including intellectual property, and the right to non- discrimination of parties affected by illegal content. Providers of hosting services should act upon notices without undue delay, taking into account the type of illegal content that is being notified and the urgency of taking action. The provider of hosting services should inform the individual or entity notifying the specific content of its decision without undue delay after taking a decision whether to act upon the notice or not.
2021/07/08
Committee: IMCO
Amendment 614 #
Proposal for a regulation
Article 1 – paragraph 2 – point b – point i (new)
i) facilitate innovations, support digital transition, encourage economic growth and create a level playing field for digital services within the internal market while strengthening consumer protection and contributing to increased consumer choice.
2021/07/08
Committee: IMCO
Amendment 1125 #
Proposal for a regulation
Article 15 a (new)
Article 15a Online interface design and oversight 1. Providers of hosting services shall not subvert or impair the autonomy, decision-making, or choice of the recipients of the service through the structure, function or manner of operation of their online interface or a part thereof. In particular, providers of hosting services shall refrain from: a) giving more visual prominence to any of the options when asking the recipient of the service for a decision that might have detrimental effects for the recipient; b) repeatedly requesting that a recipient of the service consents to data processing, regardless of the scope or purpose of such processing, especially by presenting a pop-up that interferes with user experience; c) urging a recipient of the service to change any setting or configuration of the service after the person in question has already made her choice, including by the use of a standard protocol in accordance with paragraph 4; d) making the procedure of cancelling a service more cumbersome then signing up to it; e) requiring a recipient of the service to consent to the collection or processing of personal data concerning the recipient that is not strictly technically necessary for the functioning of the service. 2. A choice or decision made by the recipient of the service using an online interface that does not comply with the requirements of paragraph 1 shall not constitute consent in the sense of Regulation (EU) 2016/679. 3. Providers of hosting services shall design and organise their online interfaces in a way that enables them and traders to comply with their obligations under applicable Union and Member State law on data protection and consumer protection, including on product safety. 4. Providers of hosting services shall respect the communication of choices made by the recipients of the service, including consent or withdrawal of consent to the processing of personal data, through automated means, in particular through the settings of software placed on the market permitting electronic communications, including the retrieval and presentation of information on the internet. The Commission shall, after consulting the Board, adopt delegated acts laying down the technical conditions for automated means referred to above. 5. The Commission shall adopt a delegated act in accordance with Article 69, after consulting the Board to indicate specific design patterns that qualify as subverting or impairing the autonomy, decision making, or choice of the recipients of the service. The Commission shall keep this list updated in the light of technological developments and, in the case of very large online platforms, assessments related to systemic risks identified in accordance with Article 27(2). 6. The Commission may adopt implementing acts to prescribe the design and functions of online interfaces that facilitate expression of consent in accordance to Regulation (EU) 2016/679 or other choices that may be expressed by the recipients of the service. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 70. Before the adoption of any measures pursuant to this paragraph, the Commission shall publish a draft thereof and invite all interested parties to submit their comments within the time period set out therein, which shall not be less than one month.
2021/07/08
Committee: IMCO
Amendment 1236 #
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point e
(e) the dispute settlement takes place in accordance with clear and fair rules of procedure that are clearly visible and easily accessible to all parties concerned and in full compliance with all applicable law.
2021/07/08
Committee: IMCO
Amendment 1391 #
Proposal for a regulation
Article 22 – paragraph 1 – point f
(f) a self-certification by the trader committing to only offer products or services that comply with the applicable rules of Union law and where applicable confirming that all products have been checked against the Union Rapid Alert System for dangerous non-food products (Rapex).
2021/07/08
Committee: IMCO
Amendment 1459 #
Proposal for a regulation
Article 22 a (new)
Article 22a Obligation to inform consumers and authorities about illegal products and services 1. Where an online platform allows consumers to conclude distance contracts with traders, it shall be subject to additional information obligations for consumers. Where the online platform becomes aware of the illegal nature of a product or services offered by a trader on its interface it shall: (a) immediately remove the illegal product from its interface and inform relevant authorities about it; (b) maintain an internal database of content removed and/or recipients suspended pursuant to Article 20 to be used by internal content moderation systems tackling the identified risks; (c) where the online platform has the contact details of the recipients of its services, inform such recipients of the service that have purchased said product or service during the past twelve months about the illegality, the identity of the trader and options for seeking redress; (d) compile and make publicly available through application programming interfaces a repository containing information about illegal products and services removed from its platform in the past six months along with information about the concerned trader and options for seeking redress.
2021/07/08
Committee: IMCO
Amendment 1476 #
Proposal for a regulation
Article 23 – paragraph 2 a (new)
2a. Member States shall refrain from imposing additional transparency reporting obligations on the online platforms, other than specific requests in the context of exercising their supervisory powers.
2021/07/08
Committee: IMCO
Amendment 1512 #
Proposal for a regulation
Article 24 – paragraph 1 b (new)
3. Providers of intermediary services shall obtain consent from the recipients of their service, in order to provide them with micro targeted and behavioural advertisement. Providers of intermediary services shall ensure that recipients of services can easily make an informed choice when expressing their consent by providing them with meaningful information.
2021/07/08
Committee: IMCO
Amendment 1580 #
Proposal for a regulation
Article 26 – paragraph 1 – point c a (new)
(ca) any potentially negative societal effect, in particular related to the increased polarisation of opinions and insufficient exposure to objective sources of information.
2021/07/08
Committee: IMCO
Amendment 1698 #
Proposal for a regulation
Article 29 – paragraph 1 a (new)
1a. The parameters used in recommender systems shall always be fair and non-discriminatory.
2021/07/08
Committee: IMCO
Amendment 1808 #
Proposal for a regulation
Article 33 a (new)
Article 33a Algorithm transparency 1. When using automated decision making, the very large online platform shall upon request provide the Commission with the necessary information to assess the algorithms used. 2. When carrying out the assessments referred to in paragraph 1, the Commission shall consider the following elements: (a) the compliance with corresponding Union requirements; (b) potential negative effects on fundamental rights, including on consumer rights, through dissemination of illegal content; 3. Following an assessment the Commission shall communicate its findings to the very large online platform and allow it to provide additional explanation. 4. Where the Commission finds that the algorithm used by the very large online platform does not comply with point (a) or (b) of paragraph 2 of this Article, the Commission shall inform the Digital Service Coordinator of establishment of the very large online platform.
2021/07/08
Committee: IMCO