92 Amendments of Lucy ANDERSON related to 2018/0112(COD)
Amendment 51 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) It is important to note that the term "business users", and by extension the scope of this Regulation, should also cover individuals working or providing services, including in the field of transport, by personally performing work via online platforms. This is not only about SMEs but also about people who may be categorised as independent economic entities or self-employed. Due to the rising number of individuals employed in this way in the economy it is vital that they are also covered and able to rely on the possibility of seeking redress. They should have the right to participation in the process of setting prices and working conditions by platforms as they are vulnerable to arbitrary delisting, a lack of access to personal data and discrimination.
Amendment 56 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) The information and transparency duties of the parties involved must be rigorously enforced in order for consumers to be able to trust in the platforms and businesses they use and so as not to undermine their trust in the single market. All initiatives that enhance transparency of rating mechanisms and help establish reliable reputation criteria should be encouraged.
Amendment 64 #
Proposal for a regulation
Recital 12
Recital 12
(12) In order to effectively protect business users where needed, this RegulTransparency of all situations should apply where the terms and conditions of a contractual relationship, regardless of their name or form, are not individually negotiated by the parties to them. Whether or not terms and conditionbe covered regardless of the type of contract. In order to effectively protect business users where individually negotiated should be determined on the basis of an overall assessment, whereby the fact that certain provisions thereof may have been individually negotiated is, in itself, not decisiveneeded, this Regulation should apply regardless of whether terms were individually negotiated or not.
Amendment 67 #
Proposal for a regulation
Recital 3
Recital 3
(3) Similarly, online search engines can be important sources of Internet traffic for undertakings which offer goods or services to consumers through websites and can therefore significantly affect the commercial success of such corporate website users offering their goods or services online in the internal market. In this regard, the ranking of websites by providers of online search engines, including of those websites through which corporate website users offer their goods and services to consumers, has an important impact on consumer choice and the commercial success of those corporate website users. Even in the absence of a contractual relationship with corporate website users, providers of online search engines can therefore effectively behave unilaterally in a way that can be unfair and that can be harmful to the legitimate interests of corporate website users and, indirectly, also of consumers in the Union. Thus, it is fundamental that companies behave in a responsible manner, bearing in mind sustainability and societal interests.
Amendment 69 #
Proposal for a regulation
Recital 16
Recital 16
(16) A provider of online intermediation services can have legitimate reasons to apply restriction or sanctions to business users, as well as to decide to suspend or terminate the provision of its services, in whole or in part, to a given business user, including by delisting individual goods or services of a given business user or effectively removing search results. However, given that such decisions can significantly affect the interests of the business user concerned, they should be properly informed of the reasons thereof. The statement of reasons should allow business users to ascertain whether there is scope to challenge the decision, thereby improving the possibilities for business users to seek effective redress where necessary. In addition, requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content, in line with Commission Recommendation (EU) No 2018/33422 . The statement of reasons should identify the objective ground or grounds for the decision, based on the grounds that the provider had set out in advance in its terms and conditions, and refer in a proportionate manner to the relevant specific circumstances that led to that decision. _________________ 22 Commission Recommendation (EU) No 2018/334 of 1 March 2018 on measures to effectively tackle illegal content online (OJ L 63, 6.3.2018, p. 50).
Amendment 72 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) It is important to note that the term “business users”, and by extension the scope of this Regulation, should also cover individuals working or providing services by personally performing work via online platforms. This is not only about SMEs but also about people who may be categorised as independent economic entities or self-employed. Due to the rising number of individuals employed in this way in the economy it is vital that they are also covered and able to rely on the possibility of seeking redress. They should have the right to participation in the process of setting prices and working conditions by platforms as they are vulnerable to arbitrary delisting, a lack of access to personal data and discrimination.
Amendment 74 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16 a) As providers of intermediation services often work with additional distribution channels or affiliate programs, transparency towards business users shall be ensured in this respect. Business users shall also have the right to make adjustments on channels where their offers are traded.
Amendment 76 #
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18 a) Given the role played by online intermediation platforms on any market and the situation of its players, and to increase accountability related to rankings, providers of online intermediation services and online search engines shall appoint a person responsible for the algorithms and rankings applied by the provider. This shall facilitate the smooth implementation of the provisions of the Regulation, and increasing certainty around rankings.
Amendment 80 #
Proposal for a regulation
Recital 5
Recital 5
(5) Online intermediation services and online search engines, as well as the commercial transactions facilitated by those services, have an intrinsic cross- border potential and are of particular importance for the proper functioning of the Union’s internal market in today’s economy. The potentially unfair and harmful trading practices of certain providers of those services in respect of business users and corporate website users hamper the full realisation of that potential and negatively affect the proper functioning of the internal market. In addition, the full realisation of that potential is hampered, and the proper functioning of the internal market is negatively affected, by diverging laws of certain Member States which, with a varying degree of effectiveness, regulate those services, while other Member States are considering adopting such laws.
Amendment 80 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19 a) As online intermediaries often own more than one platform or website, they should inform business users that sign a contract for listing with them, of which platforms or websites the listing is displayed on.
Amendment 85 #
Proposal for a regulation
Recital 6
Recital 6
(6) A uniform and targeted set of mandatory rules should therefore be established at Union level to ensure a fair, predictable, sustainable and trusted online business environment within the internal market by ensuring, in particular, that the business users of online intermediation services are afforded appropriate transparency as well as effective redress possibilities throughout the Union. Also, we must ensure that platforms give fair treatment to business users with whom they compete directly. Those rules should also provide for appropriate transparency as regards the ranking of corporate website users in the search results generated by online search engines. At the same, those rules should be such as to safeguard the important innovation potential of the wider online platform economy.
Amendment 88 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
Amendment 102 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) 'business user' means any natural or legal person which through online intermediation services offers goods or services to consumers for purposes relating to its trade, business, craft or profession; including in the field of transport and individuals working or providing services by personally providing work via online intermediation services;
Amendment 103 #
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 such as application stores, and online social media services. Services that partially operate offline, for example for the purpose of data consumption saving, should also be understood as online intermediation services; as the local storage and the computing power of devices increase rapidly, such a flexibility in assessing the online character of a service is crucial to limit the risk of bypassing the present proposition of regulation. 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 118 #
Proposal for a regulation
Recital 11
Recital 11
(11) For reasons of consistency, the definition of online search engine used in this Regulation should be aligned with the definition used in Directive (EU) 2016/1148 of the European Parliament and of the Council21. Services that partially operate offline, for example for the purpose of data consumption saving, should also be understood as online search engines; as the local storage and the computing power of devices increase rapidly, such a flexibility in assessing the online character of a search engine is crucial to limit the risk of by passing the present proposition of regulation. _________________ 21 Directive (EU) 2016/1148 of the European Parliament and of the Council concerning measures for a high common level of security of network and information systems across the Union (OJ L 194, 19.7.2016, p. 1).
Amendment 118 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10 a (new)
Article 2 – paragraph 1 – point 10 a (new)
(10 a) 'ancillary goods and services’ means goods or services that are offered complementary to the primary product offered by the business user.
Amendment 122 #
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 suspend or terminate, in whole or in part, the provision of their online intermediation services to business users.
Amendment 123 #
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) set out the objective grounds for decisions to suspend or terminate, terminate or impose any other kind of sanction upon, in whole or in part, the provision of their online intermediation services to business users.
Amendment 126 #
Proposal for a regulation
Recital 12
Recital 12
(12) In order to effectively protect business users where needed, this Regulation should apply where the terms and conditions of a contractual relationship, regardless of twheir name or form, are not individually negotiated by the parties to them. Whether or not terms and conditions were individually negotiated should be determined on the basis of an overall assessment, whereby the fact that certain provisions thereof may have been individually negotiated is, in itself, not decisivether terms were individually negotiated or not.
Amendment 126 #
Proposal for a regulation
Article 3 – paragraph 1 – point c a (new)
Article 3 – paragraph 1 – point c a (new)
(c a) Providers of online intermediation services shall inform business users on their additional distribution channels and potential affiliate programmes that they are going to serve with the offers of business users. Business user shall be granted the right to ask for their removal from such additional distribution channels.
Amendment 133 #
(13) To ensure that the general terms and conditions of a contractual relationship enable business users to determine the commercial conditions for the use, termination and suspension of online intermediation services, and to achieve predictability regarding their business relationship, those terms and conditions should be drafted in clear and unambiguous language which is easily understood by an average business user. Terms and conditions should not be considered to have been drafted in clear and unambiguous language where they are vague, unspecific or lack detail on important commercial issues and thus fail to give business users a reasonable degree of predictability on the most important aspects of the contractual relationship. Online intermediation services should not engage in unfair commercial practices, which enhance their superior bargaining power, violate good commercial conduct or contribute to transfer costs and risk unilaterally to their business users. Online intermediation services should ensure that the general terms and conditions they offer are objective, non- discriminatory, fair and reasonable.
Amendment 140 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where a provider of online intermediation services decides to suspend or terminate,anction perceived misconduct, or suspend, de-list, terminate or restrict in whole or in part, the provision of its online intermediation services to a given business user, it shall provide the business user or users concerned, without undue delay, with a statement of reasons for that decision.
Amendment 147 #
Proposal for a regulation
Recital 15
Recital 15
(15) In order to protect business users and to offer legal certainty it should be possible for a competent court to establish that non-compliant terms and conditions are not binding on the business user concerned, with effects ex nunc. Any such finding by a court should however only concern the specific provisions of the terms and conditions which are not compliant. The remaining provisions should remain valid and enforceable, in as far as they can be severed from the non- compliant provisions. Sudden modifications to existing terms and conditions may significantly disrupt business users’ operations. In order to limit such negative effects on business users, and to discourage such behaviour, modifications made in contravention of the obligation to provide a set notice period, should therefore be null and void, that is, deemed to have never existed with effects erga omnes and ex tunc.
Amendment 147 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Providers of online intermediation services shall set out in their terms and conditions the main parameters determining ranking and the reasons for the relative importance of those main parameters as opposed to other parameters. Any changes to the parameters determining ranking shall be communicated to the business users in a timely manner and in clear and unambiguous language. Parameters determining ranking shall be applied in a non-discriminatory manner to business users.
Amendment 155 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Providers of online search engines shall set out for corporate website users the main parameters determining ranking as well as the reasons for the relative importance of those main parameters, by providing an easily and publicly available description, drafted in clear and unambiguous language on the online search engines of those providers. They shall keep that description up to date.
Amendment 165 #
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5 a Ancillary goods and services 1. Where ancillary goods and services are offered by providers of online intermediation services, either by the providers themselves, third parties or the business users, the providers shall set out in their terms and conditions a description of the ancillary goods and services. 2. In cases where both the providers or third parties and the business users offer ancillary goods and services, the description in paragraph 1 should state clearly whether the ancillary goods and services provided by the business user will be offered to the customer. Providers of online intermediation services should state clearly and visibly to the customer who provides the respective ancillary goods or services and under which terms and conditions.”
Amendment 170 #
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6 a Differentiated treatment of ancillary goods and services Where applicable, providers of online intermediation services shall include in their terms and conditions a description of any differentiated treatment which they give, or may give, in relation to, on the one hand, ancillary goods or services offered to consumers through those online intermediation services by either that provider itself or any business users which that provider controls and, on the other hand, other business users.
Amendment 171 #
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) Providers of online search engines often allow the ranking of search results to be influenced against forms of remuneration paid by corporate website users. Clear details regarding such practice should be made publicly available for corporate website users and consumers to understand the effects of remuneration on ranking. Nevertheless, search results whose placement in the ranking has been influenced by forms of payment should be clearly flagged, making them easily distinguishable from other search results where remuneration was not paid.
Amendment 174 #
Proposal for a regulation
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) whetherunder which conditions a business user has access to personal data or other data, or both, provided by that business user in connection to his or her use of the online intermediation services concerned or generated through the provision of those services to that business user and the consumers of his or her goods or services, and if so, to which categories of such data and under what conditions;
Amendment 176 #
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2 a. Without prejudice to relevant Union law applicable to the protection of personal data and privacy, providers of online intermediation services shall grant business users access to all the data they have acquired as a result of the commercial activity of the respective business user.
Amendment 177 #
Proposal for a regulation
Article 7 – paragraph 2 b (new)
Article 7 – paragraph 2 b (new)
2 b. Notwithstanding the provisions of paragraphs 1 and 2, and subject to the application of Union law, providers of online intermediation services, facilitating the contracting between the business user and the consumer, shall transmit the relevant contact data of the consumer to the business user, unless the consumer disagrees.
Amendment 178 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
Amendment 180 #
Proposal for a regulation
Recital 19
Recital 19
(19) Where a provider of online intermediation services itself offers certain goods or services to consumers through its own online intermediation services, or does so through a business user which it controls, that provider may compete directly with other business users of its online intermediation services which are not controlled by the provider. In such situations, in particular, it is important that the provider of online intermediation services acts in a transparent manner and provides a description of any differentiated treatment, whether through legal, commercial or technical means such as default settings, that it might give in respect of goods or services it offers itself compared to those offered by business users. To ensure proportionality, this obligation should apply at the level of the overall online intermediation services, rather than at the level of individual goods or services offered through those services.
Amendment 180 #
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1 a. Providers of online intermediation services shall provide, at the request of the business user, full disclosure of all platforms and websites which are owned and operated by the intermediary where a business user's products or services are listed.
Amendment 182 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 184 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) It is equally important that online intermediation service providers do not engage in unfair commercial behaviour or unfair contractual terms, which have a materially detrimental impact on competition or on choice for consumers. The relative bargaining power of the online intermediary and the business user, should have no effect as to the consideration of a practice as unfair.
Amendment 185 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) As online intermediaries often own more than one platform or website, they should inform business users that sign a contract for listing with them of which platforms or websites the listing is displayed on.
Amendment 186 #
Proposal for a regulation
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
(c) communicate to the complainant the outcome of the internal complaint- handling process, in an individualised manner and drafted in clear and unambiguous language. A first response to any complaint should come no later than 14 days.
Amendment 187 #
Proposal for a regulation
Recital 19 b (new)
Recital 19 b (new)
(19b) Certain practices can be conclusively treated as unfair in all circumstances. The Platform Observatory should continuously review this list of practices and recommend updates to the Commission. As the market for online intermediation services evolves, the Commission should issue guidance on practices that may comprise unfair commercial practices, including the circumstances in which specified practices might be deemed unfair.
Amendment 190 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2
Article 9 – paragraph 4 – subparagraph 2
That information shall include the total number of complaints lodged, the subject- matter of the complaints, the nature of problems raised by business users, the time period needed to process the complaints and the decision taken on the complaints.
Amendment 191 #
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20a) Business users should be able to transfer their online reputation, such as ratings and reviews accumulated with one provider of online intermediation services, to alternative providers of similar services with a comparable system of online reputation. The portability of business users’ reputation will enable for greater competition between providers, giving access to a wider choice to both business users and consumers alike.
Amendment 192 #
Proposal for a regulation
Recital 21
Recital 21
(21) Providers of online intermediation services might in certain casesoften restrict in the terms and conditions the ability of business users to offer goods or services to consumers under more favourable conditions through other means than through those online intermediation services. In those cases, the providers concerned should set out the grounds for doing so, in particular with reference to the main economic, commercial or legal considerations for the restrictions. This transparency obligation should however not be understood as affecting the assessment of the legality of such restrictions under oCertain Member States already prohibit such practices, as they unfairly limit the freedom of business users to set the conditions of sale of their own products and services, and may also harm consumers by restricting their acts of Union law or the law of Member States in accordance with Union law, including in the areas of competitchoice. Thus, this Regulation should prohibit such clauses in the European Union, and unfair commercial practices, and the application of such lawhence harmonise the legal framework of Member States.
Amendment 199 #
Proposal for a regulation
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5 a. Providers of online intermediation services shall publish information annually to the general public in an easily accessible format specifying the number of cases undertaken, the nature of the complaints, and the results of those complaints.
Amendment 201 #
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1 a. Member States shall ensure that their relevant public bodies or other authorities set up a registry of unlawful acts which have been subject to injunction orders before national courts in order to provide a basis for best practice and information to other Member State public bodies or other authorities.
Amendment 207 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The Commission shall encourage and monitor the drawing up of codes of conduct by providers of online intermediation services and by organisations and associations representing them, including the consultation and involvement of SME organisations and platform workers' representatives regarding the content of such codes, intended to contribute to the proper application of this Regulation, taking account of the specific features of the various sectors in which online intermediation services are provided, as well as of the specific characteristics of micro, small and medium-sized enterprises.
Amendment 212 #
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. In carrying out the evaluation of this Regulation, the Commission shall take into account the opinions and reports presented to it by the group of experts for the Observatory on the Online Platform Economy established in accordance with the Commission Decision C(2018)2393. It shall also take into account the content and functioning of any codes of conduct referred to in Article 13, where appropriate. Following the evaluation, the Commission shall, where necessary, present corrective legislative proposals.
Amendment 222 #
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28a) Breaches of the provisions of this Regulation will in certain instances require a rapid and flexible enforcement. Enforcement bodies set up or nominated by Member States should be responsible for the enforcement of this Regulation in an adequate and effective manner. The enforcement bodies should be established in addition to the procedure for judicial proceedings by representative organisations set out in this Regulation. The decisions made by enforcement bodies could be challenged in judicial proceedings according to relevant national legislation.
Amendment 244 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘business user’ means any natural or legal person which through online intermediation services offers goods or services to consumers for purposes relating to its trade, business, craft or profession, including individuals working or providing services by personally providing work via online intermediation services;
Amendment 246 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – introductory part
Article 2 – paragraph 1 – point 2 – introductory part
(2) ‘online intermediation services’ means services even partially off-line, which meet all of the following requirements:
Amendment 255 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point c
Article 2 – paragraph 1 – point 2 – point c
(c) they are provided to business users on the basis of contractual relationships between, on the one hand, the provider of those services and, on the other hand, both those business users and the consumers to which those business users which offer goods or services to consumers;
Amendment 259 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3 a (new)
Article 2 – paragraph 1 – point 3 a (new)
(3a) device ‘operating system’ means system software products that control the basic functions of a device and enable the user to make use of such a device and run application software on it.
Amendment 262 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3 b (new)
Article 2 – paragraph 1 – point 3 b (new)
Amendment 266 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘online search engine’ means a digital service that allows users to perform searches of, in principle, all websites or websites in a particular language on the basis of a query on any subject in the form of a keyword, phrase or other input, and returns linkscontent such as short texts, pictures, links, videos, audios, in which information related to the requested content can be found;
Amendment 267 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘online search engine’ means a digital service that allows users to perform searches of, in principle, all websites or websites in a particular language on the basis of a query on any subject in the form of a keyword, phrase, vocal request or other input, and returns linksresults in any format in which information related to the requested content can be found;
Amendment 307 #
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) set out the objective grounds for decisions to suspend or terminate, terminate or impose any other kind of sanction upon, in whole or in part, the provision of their online intermediation services to business users.
Amendment 358 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where a provider of online intermediation services decides to suspend or, terminate, or restrict in whole or in part, the provision of its online intermediation services to a given business user, it shall provide the business user or users concerned, without undue delay, with a statement of reasons for that decision.
Amendment 392 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Providers of online intermediation services shall set out in their terms and conditions the main parameters determining ranking and the reasons for the relative importance of those main parameters as opposed to other parameters presented to the consumer as result of his search query on the online marketplace.
Amendment 411 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Providers of online search engines shall set out for corporate website users the main parameters determining ranking and the reasons for the relative importance of those main parameters as opposed to other parameters, by providing an easily and publicly available description, drafted in clear and unambiguous language on the online search engines of those providers. They shall keep that description up to date.
Amendment 415 #
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Individual parameters determining ranking shall be applied in a non- discriminatory manner.
Amendment 416 #
Proposal for a regulation
Article 5 – paragraph 2 b (new)
Article 5 – paragraph 2 b (new)
2b. Where those main parameters include the possibility to influence ranking against any direct or indirect remuneration paid by corporate website users to the provider of online search engine concerned, that provider of online search engine shall also include in its terms and conditions a description of those possibilities and of the effects of such remuneration on ranking. In any case, providers of online search engines shall not influence ranking of search results against any direct or indirect remuneration paid by corporate website users, unless they mark search results where remuneration was paid in a clearly identifiable manner.
Amendment 436 #
Proposal for a regulation
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. The transparency requirements referred to in this article shall be accompanied by guidelines issued by the Commission regarding the conditions under which an online intermediation service complies with this article. The Commission shall ensure the due compliance with these requirements.
Amendment 442 #
Proposal for a regulation
Article 6 – title
Article 6 – title
Differentiated treatment and unfair commercial practices
Amendment 452 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Providers of online search engines shall set out a description of any differentiated treatment they might give in relation to, on the one hand, goods or services offered to consumers through those online search engine services by either that provider itself of any corporate website users which that provider controls and, on the other hand, other corporate website users.
Amendment 454 #
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. The description referred to in paragraph 1 and 2 shall cover at least, where applicable, any differentiated treatment through specific measures taken by, or the behaviour of, the provider of the online intermediation services or the provider of online search engines, relating to any of the following:
Amendment 468 #
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) any direct or indirect remuneration charged for the use of the online intermediation services or online search engine services concerned;
Amendment 471 #
Proposal for a regulation
Article 6 – paragraph 2 – point d
Article 6 – paragraph 2 – point d
(d) access to, or conditions for use of, services that are directly connected or ancillary to the online intermediation services or online search engine services concerned.
Amendment 480 #
Proposal for a regulation
Article 6 – paragraph 2 b (new)
Article 6 – paragraph 2 b (new)
2b. An online intermediation service shall not engage in an unfair commercial practice. A practice shall constitute an unfair commercial practice if the practice leads to situations where there is a materially detrimental impact on competition and consumer choice. In assessing whether a trading practice is unfair, account shall be taken of the following factors: (a) the market position of the online intermediary and the business user; and (b) whether there is a significant imbalance in the parties’ negotiating abilities which results in the online intermediary imposing an unreasonable burden on the business user in its terms and conditions or its commercial practices. 4. The Annex contains a list of those commercial practices which shall in all circumstances be regarded as unfair. The same list shall apply in all Member States and be reviewed by the Platform Observatory who shall provide recommendations to the Commission on further commercial practices which are unfair under this Article.
Amendment 483 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Providers of online intermediation services or online search engines shall include in their terms and conditions a description of the technical and contractual access, or absence thereof, of business users and corporate website users to any personal data or other data, or both, which business users, corporate website users or consumers provide for the use of the search engines or the online intermediation services concerned or which are generated through the provision of those services.
Amendment 495 #
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. Through the description referred to in paragraph 1, providers of online intermediation services or search engines shall adequately inform business users at least of the following:
Amendment 498 #
Proposal for a regulation
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) whether the provider of online intermediation services or of search engine has access to personal data or other data, or both, which business users, corporate websites or consumers provide for the use of those services or which are generated through the provision of those services, and if so, to which categories of such data and under what conditions;
Amendment 505 #
Proposal for a regulation
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) whether a business user has access to personal data or other data, or both, provided by that business user in connection to his or her use of the online intermediation services or online search engine concerned or generated through the provision of those services to that business user and the consumers of his or her goods or services, and if so, to which categories of such data and under what conditions;
Amendment 509 #
Proposal for a regulation
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) whether, in addition to point (b), a business user or corporate website has access to personal data or other data, or both, including in aggregated form, provided by or generated through the provision of the online intermediation services or online search engine to all of the business users and consumers thereof, and if so, to which categories of such data and under what conditions.
Amendment 518 #
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. Business users shall have the right to receive ratings, reviews or any other data concerning themselves that they have accumulated on online intermediation services, regardless of whether they have provided such data to the provider of online intermediation services, in a structured, commonly used and machine- readable format. They shall have the right to transfer such data to another provider of similar online intermediation services with a comparable system of ratings and reviews. Where technically feasible, business users shall have the right to have such data transmitted directly from one provider of online intermediation services to another.
Amendment 529 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
Amendment 532 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Where, in the provision of their services, pProviders of online intermediation services shall not restrict the ability of business users to offer the same goods and services to consumers under different conditions through other means than through those services, they shall include grounds for that restriction in their terms and conditions and make those grounds easily available to the public. Those grounds shall include the main economic, commercial or legal considerations for those restrictions.
Amendment 539 #
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. Providers of online intermediation services shall provide, at the request of the business user, full disclosure of all platforms and websites which are owned and operated by the intermediary where a business user's products or services are listed.
Amendment 542 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 552 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
Providers of online intermediation services shall provide for an internal system for handling, in a transparent manner, the complaints of business users.
Amendment 566 #
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) process complaints swiftly and effectively, taking into account the importance and complexity of the issue raised, but in any case, providing a first response within 15 days;
Amendment 590 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2
Article 9 – paragraph 4 – subparagraph 2
That information shall include the total number of complaints lodged, types of problems faced by business users, the subject- matter of the complaints, the time period needed to process the complaints and the decision taken on the complaints.
Amendment 621 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Providers of online intermediation services and business users shall engage in good faith in any attempt to reach an agreement through the mediation of any of the mediators which they identified in accordance with paragraph 1, with a view to reaching an agreement on the settlement of the dispute.
Amendment 642 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. Any attempt to reach an agreement through mediation on the settlement of a dispute in accordance with this Article shall not affect the rights of the providers of the online intermediation services and of the business users concerned to initiate judicial proceedings at any time before. during or after the mediation process. Initiation of judicial proceedings is not conditional on the initiation of a mediation process.
Amendment 646 #
Proposal for a regulation
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5a. Providers of online intermediation services shall publish information annually to the general public in an easily accessible format specifying the number of cases undertaken, the nature of the complaints, and the results of those complaints.
Amendment 661 #
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1a. Member States shall ensure that their relevant public bodies or other authorities set up a registry of unlawful acts which have been subject to injunction orders before national courts in order to provide a basis for best practice and information to other Member State public bodies or other authorities.
Amendment 699 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The Commission shall encourage and monitor the drawing up of codes of conduct by providers of online intermediation services and by organisations and associations representing them, including the consultation and involvement of SME organisations and platform workers' representatives regarding the content of such codes, intended to contribute to the proper application of this Regulation, taking account of the specific features of the various sectors in which online intermediation services are provided, as well as of the specific characteristics of micro, small and medium-sized enterprises.
Amendment 705 #
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13a Enforcement authorities 1. The public body nominated or set up according to Article 12, paragraph 2, subparagraph 2 shall be responsible for the adequate and effective enforcement of this Regulation. 2. Member States shall lay down rules setting out the measures applicable to infringements of the provisions of this Regulation and shall ensure that they are implemented. The measures provided for shall be effective, proportionate and dissuasive. 3. The public body shall give guidance to business users in detecting unfair practices from platforms. 4. The public bodies referred to in paragraph 1 shall be communicated to the Commission and made publicly available on the Commission's website.
Amendment 716 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The first evaluation of this Regulation shall be carried out, in particular, with a view to assessing the compliance with, and impact on the online platform economy of, the obligations laid down in Articles 5, 6, 7 and 8, and whether additional rules, including regarding enforcement, may be required to ensure a fair, predictable, sustainable and trusted online business environment within the internal market. The first evaluation shall also:
Amendment 717 #
Proposal for a regulation
Article 14 – paragraph 2 – point a (new)
Article 14 – paragraph 2 – point a (new)
(a) assess, with input from Platform Observatory, the prevalence and impact of unfair commercial practices and consider whether a ban on a selected number of unfair commercial practices would be appropriate.
Amendment 718 #
Proposal for a regulation
Article 14 – paragraph 2 – point b (new)
Article 14 – paragraph 2 – point b (new)
(b) assess the impact of discrimination by online intermediary services and search engines favouring their own services and products over competing services and products.
Amendment 720 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Member States shall provide any relevant information that the Commission may require for the purposes of drawing up the report referred to in paragraph 1. It must be the European Commission and the Member States and their competent authorities that monitor and ensure compliance with the regulation, in addition to the rules of the Member States in case the European regulation is not effective. The fragmentation of the digital single market is a problem that can be solved through regulation at a European level.
Amendment 721 #
Proposal for a regulation
Article 14 – paragraph 4 a (new)
Article 14 – paragraph 4 a (new)
4a. Following the evaluation, the Commission shall, where necessary, present relevant legislative proposals.
Amendment 728 #
Proposal for a regulation
Annex (new)
Annex (new)
Annex Commercial practices to be regarded as unfair in all circumstances 1. Requiring the business user to use the online intermediation service provider’s ancillary services, including payment services, without the option to use any alternative methods. 2. Burdening the business user with a unilateral liability clause which causes an unfair transfer of risk. 3. Imposing retroactive contract clauses which are detrimental to the business user. 4. Maintaining the legal right to use the business user’s confidential information after the contract between the online intermediary service provider and the business user has expired.