30 Amendments of Daniel BUDA related to 2020/2019(INL)
Amendment 19 #
Motion for a resolution
Recital B
Recital B
B. whereas a number of key civil and commercial law aspects have not been addressed satisfactorily in UnionEuropean society has been facing increasingly rapid developments in digital services in recent decades and, in particular, the emergence orf national law, andew business models, technologies and social realities; whereas, in this situation is exacerbated by the rapid and accelerating developments over the last decades in the field of digital services, in particular the emergence of new business modelcontext, Union and national law require the comprehensive updating of the essential provisions of civil and commercial law applicable to online commercial entities;
Amendment 24 #
Motion for a resolution
Recital C
Recital C
C. whereas some businesses offering digital services enjoy, due to strong data- driven network effects, market dominance that enables them to impose their business practices on users and makes it increasingly difficult for other players to compete;
Amendment 34 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the platform architecture, with its terms and conditions defined by rights and obligations, has become an intrinsic factor in terms of competition, being linked to the service quality offered to not only business users of online intermediation services, for example, but also end consumers;
Amendment 39 #
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas social media networks and the collaborative economy are blurring the lines between content and service providers and consumers, supply patterns having spread out horizontally rather than being vertical and linear.
Amendment 62 #
Motion for a resolution
Recital I
Recital I
I. whereas the civil law regimes governing content hosting platforms’ practices in content moderation are based on certain sector-specific provisions at Union level as well as on laws passed by Member States at national level, and there are notable differences in the obligations imposed on content hosting platforms and in the enforcement mechanisms of the various civil law regimes; whereas this situation requires a response at Union levelhas led to a fragmented set of rules, which requires a response at Union level with a view to harmonising legislation;
Amendment 66 #
Motion for a resolution
Recital J
Recital J
J. whereas the current business model of certain content hosting platforms is to promote content that is likely to attract the attention of users and therefore generate more profiling data in order to offer more effective targeted advertisements and thereby increase profit; whereas this profiling coupled with targeted advertisement often leads to the amplification of content based on addressing emotions, often giving rise to sensation in news feed and recommendation systems, resulting in the possible manipulation of users;
Amendment 76 #
Motion for a resolution
Recital P a (new)
Recital P a (new)
Pa. whereas, in updating the essential aspects of civil and commercial law relating to online business transactions, it is necessary to strike a balance between, on the one hand, the protection of users’ fundamental and civil rights and, on the other, European business incentives in this area, especially for SMEs and start- ups;
Amendment 85 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Proposes that the Digital Services Act include a regulation that establishes contractual rights as regards content management, lays down transparent, binding and uniform standards and procedures for content moderation, and guarantees accessible and independent recourse to judicial redress; proposes that, for the purposes of drawing up the legislative act, account be taken in particular of consultations with SMEs and start-ups in the field, so as to ensure the relevant provisions are easy to access and apply to these entities;
Amendment 101 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that, in order to guarantee independence and impartiality, any final decision on the legality of user- generated content must be made by an independent judiciary and not a private commercial entity;
Amendment 111 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Insists that the regulation must proscribe content moderation practices that are discriminatoryinadmissible or discriminatory or entail exploitation and exclusion;
Amendment 119 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recommends the establishment of a European Agency tasked withCalls on the Commission to take action with a view to monitoring and enforcing compliance with contractual rights as regards content management, auditing any algorithms used for automated content moderation and curation, and imposing penalties for non- compliance;
Amendment 133 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Suggests that content hosting platforms regularly submit transparency reports to the European AgencyCommission, concerning the compliance of their terms and conditions with the provisions of the Digital Services Act; further suggests that content hosting platforms publish their decisions on removing user-generated content on a publicly accessible database;
Amendment 171 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission to assess the possibility of defining fair contractual conditions to facilitate data sharing with the aim of addressing imbalances in market power; suggests, to this end, to explore options to facilitate the interoperability and portability of data; points out, however, that compulsory data access should not reduce incentives for innovation by the data collection platform and should, where it is necessary, be followed by adequate and appropriate safeguards;
Amendment 208 #
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Stresses the need for blockchain technologies, and 'smart contracts’ in particular, to be utilised in accordance with antitrust rules and requirements, especially those prohibiting cartel agreements or concerted practices;
Amendment 232 #
Motion for a resolution
Annex I – part A – introductory part – indent 4
Annex I – part A – introductory part – indent 4
- The proposal aims to further address the inadmissible and unfair terms and conditions used for the purpose of digital services.
Amendment 236 #
Motion for a resolution
Annex I – part A – introductory part – indent 7 a (new)
Annex I – part A – introductory part – indent 7 a (new)
- The proposal seeks to strike a balance between, on the one hand, the protection of users’ fundamental and civil rights and, on the other, the provision of business incentives in this sector, especially for SMEs and start-ups;
Amendment 261 #
Motion for a resolution
Annex I – part A – part I – section 2 – introductory part
Annex I – part A – part I – section 2 – introductory part
Amendment 290 #
Motion for a resolution
Annex I – part A – part I – section 2 – indent 4 – subi. 2
Annex I – part A – part I – section 2 – indent 4 – subi. 2
- failure to provide transparent, accessible, fair and non-discriminatory terms and conditions;
Amendment 297 #
Motion for a resolution
Annex I – part A – part I – section 2 – indent 4 – subi. 3
Annex I – part A – part I – section 2 – indent 4 – subi. 3
- failure to provide access for the European AgencyCommission to content moderation and curation algorithms for review;
Amendment 304 #
Motion for a resolution
Annex I – part A – part I – section 2 – indent 4 – subi. 4
Annex I – part A – part I – section 2 – indent 4 – subi. 4
- failure to submit transparency reports to the European AgencyCommission;
Amendment 310 #
Motion for a resolution
Annex I – part A – part I – section 3 –– introductory part
Annex I – part A – part I – section 3 –– introductory part
The Digital Services Act should contain provisions requiring content hosting platforms to regularly provide transparency reports to the AgencyCommission. Such reports should, in particular, include:
Amendment 339 #
Motion for a resolution
Annex I – part A – part II – section 2 – indent 1
Annex I – part A – part II – section 2 – indent 1
- an assessment of the possibility of defining fair contractual conditions to facilitate and promote data sharing with the aim of addressing imbalances in market power, in particular through the interoperability and portability of data.
Amendment 349 #
Motion for a resolution
Annex I – part A – part II – section 3 – indent 2
Annex I – part A – part II – section 3 – indent 2
- measures ensuring that smart contracts are fitted with mechanisms that can halt their execution, in particular given private concerns of the weaker party or public concerns related to cartelisation and in respect for the rights of creditors in insolvency and restructuring.
Amendment 361 #
Motion for a resolution
Annex I – part B – recital 2
Annex I – part B – recital 2
(2) The civil law regimes governing the practices of content hosting platforms as regards content moderation are based on certain sector-specific provisions at Union level as well as on laws passed by Member States at national level, and there are notable differences in the obligations imposed by those civil law regimes on content hosting platforms and in their enforcement mechanisms. This has resulted in a fragmented regulatory framework at Union level impeding the development of European businesses in the digital single market.
Amendment 385 #
Motion for a resolution
Annex I – part B – recital 10
Annex I – part B – recital 10
(10) This Regulation should also include provisions against inadmissible discriminatory practices, exploitation or exclusion, for the purposes of content moderation practices, especially when user-created content is removed based on appearance, ethnic origin, gender, sexual orientation, religion or belief, disability, age, pregnancy or upbringing of children, language or social class.
Amendment 392 #
Motion for a resolution
Annex I – part B – recital 15
Annex I – part B – recital 15
(15) In order to ensure that users and notifiers to make use of referral to independent dispute settlement bodies as a first step, it must be emphasised that such referral should not preclude any subsequent court action. Given that content hosting platforms which enjoy a dominant position on the market can particularly gain from the introduction of independent dispute settlement bodies, it is appropriate that they take responsibility for the financing of such bodie ensuring full respect for related rights.
Amendment 406 #
Motion for a resolution
Annex I – part B – recital 21
Annex I – part B – recital 21
(21) Action at Union level as set out in this Regulation would be substantially enhanced with the establishment of a Union agency tasked withby the Commission of a mechanism for monitoring and ensuring compliance by content hosting platforms with the provisions of this Regulation. The AgencyCommission should review compliance with the standards laid down for content management on the basis of transparency reports and an audit of algorithms employed by content hosting platforms for the purpose of content management,;
Amendment 422 #
Motion for a resolution
Annex I – part B – Article 3 – point 6
Annex I – part B – Article 3 – point 6
(6) ‘terms and conditions’ means all terms, conditions or specifications, irrespective of their name or form, which govern the contractual relationship between the content hosting platform and its users and which are unilaterally determined by the content hosting platformonline intermediary service provider or on the basis of an overall assessment, for which the relative size of the parties concerned, the fact that negotiations were held or that certain provisions could have been negotiated and determined together by the relevant provider and the undertaking using the online intermediation services is not in itself decisive;
Amendment 429 #
Motion for a resolution
Annex I – part B – Article 4 – paragraph 2
Annex I – part B – Article 4 – paragraph 2
2. Users shall not be subjected to discriminatoryinadmissible or discriminatory practices, exploitation or exclusion, for the purposes of content moderation practices by the content hosting platforms, such as removal of user- generated content based on appearance, ethnic origin, gender, sexual orientation, religion or belief, disability, age, pregnancy or upbringing of children, language or social class.
Amendment 432 #
Motion for a resolution
Annex I – part B – Article 4 – paragraph 4 a (new)
Annex I – part B – Article 4 – paragraph 4 a (new)
4a. The provisions of paragraph (4) shall not apply where a platform is required under legal or regulatory provisions to save content;