Activities of Deirdre CLUNE related to 2020/0374(COD)
Plenary speeches (1)
Digital Markets Act (debate)
Amendments (36)
Amendment 202 #
Proposal for a regulation
Recital 32
Recital 32
(32) To safeguard the fairness and contestability of core platform services provided by gatekeepers, it is necessary to provide in a clear and unambiguous manner for a set of harmonised obligations with regard to those services. Such rules are needed to address the risk of harmful effects of unfair practices imposed by gatekeepers, to the benefit of the business environment in the services concerned, to the benefit of users and ultimately to the benefit of society as a whole. Given the fast-moving and dynamic nature of digital markets, and the substantial economic power of gatekeepers, it is important that these obligations are effectively applied without being circumvented. To that end, the obligations in quesCommission should identify which obligations should apply to any practices by a gatekeeper, irrespective of its form and irrespective of whether it is of a contractual, commercial, technical each individual core platform service identified as an impor tany other nature,t gateway insofar as aits practices corresponds to the type of practice that is the subject ofto any one of these obligations of this Regulation.
Amendment 254 #
Proposal for a regulation
Recital 46
Recital 46
(46) A gatekeeper may use different means to favour its own services or products on its core platform service, to the detriment of the same or similar services that end users could obtain through third parties. This may for instance be the case where certain software applications or services are pre-installed by a gatekeeper. To enable end user choice, gatekeepers should not prevent end users from un- installing or removing any pre-installed software applications on its core platform service and thereby favour their own software applications. This obligation should not apply to applications which are necessary for functionality.
Amendment 291 #
Proposal for a regulation
Recital 52
Recital 52
(52) Gatekeepers may also have a dual role as developers of operating systems and device manufacturers, including any technical functionality that such a device may have. For example, a gatekeeper that is a manufacturer of a device may restrict access to some of the functionalities in this device, such as near-field-communication technology and the software used to operate that technology, which may be required for the effective provision of an ancillary service by the gatekeeper as well as by any potential third party provider of such an ancillary service. Such access may equally be required by software applications related to the relevant ancillary services in order to effectively provide similar functionalities as those offered by gatekeepers. If such a dual role is used in a manner that prevents alternative providers of ancillary services or of software applications to have access under equal conditions to the same operating system, hardware or software features that are available or used in the provision by the gatekeeper of any ancillary services, this could significantly undermine innovation by providers of such ancillary services as well as choice for end users of such ancillary services. The gatekeepers should therefore be obliged to ensure access under equal conditions to, and interoperability with, the same operating system, hardware or software features that are available or used in the provision of any ancillary services by the gatekeeper. Providing such access should not compromise efforts of the gatekeeper to protect user safety, data protection or the functionality of the hardware.
Amendment 314 #
Proposal for a regulation
Recital 58
Recital 58
(58) The objectives of this Regulation are to ensure contestability and fairness for the digital sector in general and for business users and end users of core platform services provided by gatekeepers in particular, with a view to promoting innovation, high quality of digital products and services, fair and competitive prices, as well as a high quality and choice for end users in the digital sector. To ensure the effectiveness of the obligations laid down by this Regulation, while also making certain that these obligations are limited to what is necessary to ensure cand proportionatestability and tackling the harmful effects of the unfair behaviour by gatekeepers to meet their objectives as well as the objectives of the Regulation, it is important to clearly define and circumscribe them so as to allow the gatekeeper to immediately comply with them, in full respect of Regulation (EU) 2016/679 and Directive 2002/58/EC, consumer protection, cyber security and product safety. The gatekeepers should ensure the compliance with this Regulation by design. The necessary measures should therefore be as much as possible and where relevant integrated into the technological design used by the gatekeepers. However, it may in certain cases be appropriate for the Commission, following a dialogue with the gatekeeper concerned, to further specify some of the measures that the gatekeeper concerned should adopt in order to effectively comply with the objectives of those obligations that are susceptible of being further specified and the objectives of this Regulation. This possibility of a regulatory dialogue should facilitate compliance by gatekeepers and expedite the correct implementation of the Regulation.
Amendment 533 #
Proposal for a regulation
Article 3 – paragraph 4 – introductory part
Article 3 – paragraph 4 – introductory part
4. The Commission shall, without undue delay and at the latest 60 days after receiving the complete information referred to in paragraph 3, adopt a decision to designate the provider of core platform services that meets all the thresholds of paragraph 2 as a gatekeeper, unless that provider, with its notification, presents sufficiently substantiated arguments to demonstrate that, in the circumstances in which the relevant core platform service operates, and taking into account the elements listed in paragraph 6, the provider does not satisfy the requirements of paragraph 1. Before adopting the decision pursuant to this paragraph, the Commission shall communicate its preliminary findings to the undertaking concerned.
Amendment 549 #
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 1 – point a
Article 3 – paragraph 6 – subparagraph 1 – point a
(a) the size, including turnover and market capitalisation, operations and position of the provider of core platform services, as well as their share of the market relevant to their core platform services;
Amendment 553 #
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 1 – point b
Article 3 – paragraph 6 – subparagraph 1 – point b
(b) the number of business users depending on the core platform service to reach end users and the number of end users and the availability of alternative ways for business users to reach end- users;
Amendment 555 #
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 1 – point e
Article 3 – paragraph 6 – subparagraph 1 – point e
(e) business user or end user lock-in and their ability to use similar services simultaneously;
Amendment 568 #
Proposal for a regulation
Article 3 – paragraph 7
Article 3 – paragraph 7
7. For each gatekeeper identified pursuant to paragraph 4 or paragraph 6, the Commission shall identify the relevant undertaking to which it belongs and list the relevant core platform services that are provided within that same undertaking and which individually serve as an important gateway for business users to reach end users as referred to in paragraph 1(b). For each core platform service identified, the Commission shall specify with which of the obligations outlined in Articles 5 and 6 the gatekeeper has to comply with.
Amendment 575 #
Proposal for a regulation
Article 3 – paragraph 8
Article 3 – paragraph 8
8. The gatekeeper shall comply with the obligations laid down in Articles 5 and 6 within six months after a core platform service has been included in the list pursuant to paragraph 7 of this Article. At the same time, the Commission may by decision impose obligations pursuant to Article 6.
Amendment 596 #
Amendment 717 #
Proposal for a regulation
Article 6 – paragraph 1 – point a a (new)
Article 6 – paragraph 1 – point a a (new)
(a a) refrain from combining personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper or with personal data from third-party services, and from signing in end users to other services of the gatekeeper in order to combine personal data, unless the end user has been presented with the specific choice and provided consent in the sense of Regulation (EU) 2016/679;
Amendment 726 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) allow end users to un-install or remove any pre-installed software applications on its core platform service without prejudice to the possibility for a gatekeeper to restrict such un-installation or removal in relation to software applications that are essential for the functioning of the operating system or of the device and which cannot technically be offered on a standalone basis by third- parties;
Amendment 737 #
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) allow the installation and effective use of third party software applications or software application stores using, or interoperating with, operating systems of that gatekeeper and allow these software applications or software application stores to be accessed by means other than the core platform services of that gatekeeper. Tunless the gatekeeper shall not be prevented from taking proportionate measures to ensure that third party software applications or software application stores do not endangecan demonstrate that doing so would undermine or jeopardise user safety, data protection, or the integrity of the hardware or operating system provided by the gatekeeper;
Amendment 751 #
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) refrain from treating, without justification, more favourably in ranking services and products offered by the gatekeeper itself or by any third party belonging to the same undertaking compared to similar services or products of a third party and apply fair and non-discriminatory conditions to such rankingin a discriminatory and disproportionate manner;
Amendment 772 #
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
(f) allow business users and providers of ancillary services access to and interoperability with the same operating system, hardware or software features that are available or used in the provision by the gatekeeper of any ancillary services unless the gatekeeper is in a position to demonstrate that doing so would compromise their efforts to protect user safety, data protection, or the integrity of their hardware;
Amendment 810 #
Proposal for a regulation
Article 6 – paragraph 1 – point j
Article 6 – paragraph 1 – point j
(j) provide to any third party providers of online search engines, upon their request, with access on fair, reasonable and non-discriminatory terms to ranking, query, click and view data in relation to free and paid search generated by end users on online search engines of the gatekeeper, subject to anonymisation for the query, click and view data that constitutes personal datadue safeguards to protect user safety, privacy trade secrets and intellectual property;
Amendment 837 #
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2 a. While complying with obligations listed in this Article the gatekeeper concerned shall not be required to disclose its trade secrets as defined in Article (2) of Directive (EU)2016/943 and shall not be prevented from taking proportionate measures to ensure the integrity, security and functioning of its core platforms services or hardware.
Amendment 844 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The measures implemented by the gatekeeper to ensure compliance with the obligations laid down in Articles 5 and 6 shall be effective in achieving the objective of the relevant obligation and the objectives of this Regulation, namely safeguarding contestability and fairness for business users as well as end users. The gatekeeper shall ensure that these measures are implemented in compliance with Regulation (EU) 2016/679 and Directive 2002/58/EC, and with legislation on cyber security, consumer protection and product safety.
Amendment 850 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Where the Commission findconsiders that the measures that the gatekeeper intends to implement pursuant to paragraph 1, or has implemented, domay not ensure effective compliance with the relevant obligations laid down in Article 6, it may by decision specify the measures that the gatekeeper concerned shall implement. The Commission shall adopt such a decision within six months from the opening of proceedings pursuant to Article 18. shall open proceedings pursuant to Article 18 where it shall, by decision, following regulatory dialogue of no longer than 6 months to facilitate compliance by the gatekeeper and expedite the implementation of this Regulation, specify the measures that the gatekeeper concerned shall implement. The Commission shall adopt such a decision within six months from the opening of proceedings pursuant to Article 18. A gatekeeper may request the opening of proceedings pursuant to Article 18 for the Commission to determine, in accordance with paragraph 2, whether the measures that the gatekeeper intends to implement or has implemented under Article 6 are effective in achieving the objectives of this Regulation pursuant to paragraph 1 and the relevant obligation in the specific circumstances.
Amendment 862 #
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2 a. During the regulatory dialogue pursuant to paragraph 2, the gatekeeper may provide a reasoned submission to explain in particular why the measures it intends to implement or has implemented shall be effective in achieving the objectives of this Regulation pursuant to paragraph 1 and the relevant obligation, and the conditions in Article 7(5) and where appropriate, Article 7(6).
Amendment 871 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. In view of adopting the decision under paragraph 2, the Commission shall communicate its preliminary findings within three months from the opening of the proceedings. In the preliminary findings, the Commission shall explain the measures it considers to take or it considers that the provider of core platform services concerned should take in order to effectively address the preliminary findings, taking into account the issues discussed during the regulatory dialogue.
Amendment 881 #
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
Amendment 892 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The Commission may, on a reasoned request by the gatekeeper, exceptionally suspend, in whole or in part, a specific obligation laid down in Articles 5 and 6 for a core platform service by decision adopted in accordance with the advisory procedure referred to in Article 32(4), where the gatekeeper demonstrates that compliance with that specific obligation would endanger, due to exceptional circumstances beyond the control of the gatekeeper, the economic viability of the operation of the gatekeeper in the Union, and only to the extent necessary to address such threat to its viability. The Commission shall aim to adopt the suspension decision without delay and at the latest 3 months following receipt of a complete reasoned request.:
Amendment 894 #
Proposal for a regulation
Article 8 – paragraph 1 – point a (new)
Article 8 – paragraph 1 – point a (new)
(a) Compliance with these obligations is technically not feasible;
Amendment 895 #
Proposal for a regulation
Article 8 – paragraph 1 – point b (new)
Article 8 – paragraph 1 – point b (new)
Amendment 896 #
Proposal for a regulation
Article 8 – paragraph 1 – point c (new)
Article 8 – paragraph 1 – point c (new)
(c) a deviation from these obligations is necessary to ensure data security and compliance with privacy, trade secrets and date protection rules; and
Amendment 897 #
Proposal for a regulation
Article 8 – paragraph 1 – point d (new)
Article 8 – paragraph 1 – point d (new)
(d) compliance with that specific obligation would degrade the consumer experience or endanger, due to exceptional circumstances beyond the control of the gatekeeper, the economic viability of the operation of the gatekeeper in the Union, and only to the extent necessary to address such threat to its viability. The Commission shall aim to adopt the suspension decision without delay and at the latest 3 months following receipt of a complete reasoned request.
Amendment 898 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Where the suspension is granted pursuant to paragraph 1, the Commission shall review its suspension decision every year. Following such a review the Commission shall either lift the suspension or decide that the conditions of paragraph 1 continue to be met. When it intends to lift the suspension, the Commission shall beforehand invite the gatekeeper to present a revised reasoned request.
Amendment 906 #
2. An exemption pursuant to paragraph 1 may only be granted on grounds ofpublic interest grounds including:
Amendment 909 #
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. An exemption pursuant to paragraph 1 may also be granted to enable the gatekeeper to (a) Ensure data security; (b) protect trade secrets or; (c) achieve compliance with any other EU legislation
Amendment 1189 #
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. The evaluations shall establish whether additional rules, including regarding the list of core platform services laid down in point 2 of Article 2, the obligations laid down in Articles 5 and 6 and their enforcement, may be required to ensure that digital markets across the Union are contestable and fair. Following the evaluations, the Commission shall take appropriate measures, which may include legislative proposals.;
Amendment 1194 #
Proposal for a regulation
Article 38 – paragraph 2 – point a (new)
Article 38 – paragraph 2 – point a (new)
(a) establish whether it is required to modify, add or remove rules, including regarding the list of core platform services laid down in point 2 of Article 2, the obligations laid down in Articles 5 and 6 and their enforcement, may be required to ensure that digital markets across the Union are contestable and fair;
Amendment 1195 #
Proposal for a regulation
Article 38 – paragraph 2 – point b (new)
Article 38 – paragraph 2 – point b (new)
(b) consider relevant legal, regulatory and enforcement developments in digital markets; and;
Amendment 1196 #
Proposal for a regulation
Article 38 – paragraph 2 – point c (new)
Article 38 – paragraph 2 – point c (new)
(c) the existence of countervailing benefits from the obligations laid down in Articles 5 and 6.
Amendment 1197 #
Proposal for a regulation
Article 38 – paragraph 2 – subparagraph 1 (new)
Article 38 – paragraph 2 – subparagraph 1 (new)
Following the evaluations, the Commission shall take appropriate measures, which may include legislative proposals.