5 Amendments of Edouard MARTIN related to 2018/0112(COD)
Amendment 71 #
Proposal for a regulation
Recital 9
Recital 9
(9) Examples of online intermediation services covered by this Regulation should consequently include online e-commerce market places, including collaborative ones on which business users are active, online software applications services and, online social media services and voice assistance services. However, this Regulation should not apply to online advertising serving tools or online advertising exchanges which are not provided with the aim of facilitating the initiation of direct transactions and which do not involve a contractual relationship with consumers. This Regulation should also not apply to online payment services, since they do not themselves meet the applicable requirements but are rather inherently auxiliary to the transaction for the supply of goods and services to the consumers concerned.
Amendment 109 #
Proposal for a regulation
Recital 20
Recital 20
(20) The ability to access and use data, including personal data, can enable important value creation in the online platform economy. Accordingly, it is important that providers of online intermediation services provide business users with a clear description of the scope, nature and conditions of their access to and use of certain categories of data. The description should be proportionate and might refer to general access conditions, rather than an exhaustive identification of actual data, or categories of data, in order to enable business users to understand whether they can use the data to enhance value creation, including by possibly retaining third-party data services. In any case, it shall be ensured that the data of the consumers is made simultaneously available to the business users upon the contract through the provider of intermediations services is concluded. Processing of personal data should comply with Regulation (EU) 2016/679 of the European Parliament and of the Council.24 _________________ 24 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Text with EEA relevant) (OJ L 119, 4.5.2016, p. 1).
Amendment 176 #
Proposal for a regulation
Article 3 – paragraph 1 – point a a (new)
Article 3 – paragraph 1 – point a a (new)
(a a) are fair and proportionate;
Amendment 179 #
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) set out the objective grounds, consistent with those terms and conditions, for decisions to restrict, suspend or terminate, in whole or in part, the provision of their online intermediation services to business users.
Amendment 289 #
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2 a. Notwithstanding the provisions of paragraphs 1 and 2, and with due respect of Regulation 2016/679 (GDPR), providers of online intermediated services, facilitating the contracting between the business user and the consumer, shall transmit the relevant contact data of the consumer to the business user, if the consumer gives explicit consent.