42 Amendments of José BLANCO LÓPEZ related to 2018/0112(COD)
Amendment 47 #
Proposal for a regulation
Recital 2
Recital 2
(2) Online intermediation services can be crucial for the commercial success of undertakings who use such services to reach consumers. The growing intermediation of transactions through online intermediation services, fuelled by strong data-driven indirect network effects, lead to an increased dependence of such business users, including micro, small and medium-sized enterprises, on those services in order for them to reach consumers. Given that increasing dependence, the providers of those services often have superior bargaining power, which enables them to effectively behave unilaterally in a way that can be unfair and that can be harmful to the legitimate interests of their businesses users and, indirectly, also of consumers in the Union. The growing role played by voice assistants installed in the most widely deployed operating systems, both mobile and desktop, or developed by wide- ranging online platforms, which are increasingly having an impact by orienting user searches towards specific goods and services, should therefore also be included as part of such services.
Amendment 107 #
Proposal for a regulation
Recital 19
Recital 19
(19) Where a provider of online intermediation services itselfor an online search engine provider 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 or the provider of online search engines acts in a transparent manner and provides a description of any differentiated treatment, whether through legal, commercial or technical means, 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 144 #
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. This Regulation shall apply in so far as it does not interfere with specific provisions contained in other Union legislative acts governing fairness and transparency in specific sectors.
Amendment 150 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b
Article 2 – paragraph 1 – point 2 – point b
(b) they allow business users to offer goods or services to consumers, with a view to facilitating the initiating of web- based direct transactions between those business users and consumers, irrespective of where those transactions are ultimately concluded;
Amendment 152 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) ‘provider of online intermediation services’ means any natural or legal person which provides, or which offers to provide, online intermediation services to business users, by whatever means, whether written or voice services;
Amendment 155 #
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 returnsvia by whatever means, whether written or voice services, and returns information and/or links in which information related to the requested content can be found;
Amendment 162 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
(7) ‘corporate website user’ means any natural or legal person which uses websites or mobile applications to offer goods or services to consumers for purposes relating to its trade, business, craft or profession;
Amendment 177 #
Proposal for a regulation
Article 3 – paragraph 1 – point a a (new)
Article 3 – paragraph 1 – point a a (new)
(aa) are fair;
Amendment 205 #
Proposal for a regulation
Article 4 – title
Article 4 – title
Suspension, delisting and termination
Amendment 209 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where a provider of online intermediation services decides to suspend, delist or terminate, in whole or in part, the provision of its online intermediation services to a given business user, it shall provideinform the business user concerned, without undue delay, 15 days beforehand, and provide the business user with a statement of reasons for that decision.
Amendment 215 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. The provisions set out in paragraphs 1 and 2 of this Article shall not apply in the event that the suspension, exclusion or termination derives from a legal obligation imposed on the provider of intermediation services.
Amendment 217 #
Proposal for a regulation
Article 4 – paragraph 2 b (new)
Article 4 – paragraph 2 b (new)
2b. A provider of online intermediation services may not take measures or act in a way that makes it difficult or impossible for consumers to access the services offered by a company with a valid contract with the service provider unless: (a) the company concerned is providing services which are against the applicable law; (b) the company concerned has breached the current contract with the provider of online intermediation services.
Amendment 219 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Providers of online intermediation services shall set outand providers of online search engines shall set out clearly and unambiguously 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.
Amendment 228 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2
Article 5 – paragraph 1 – subparagraph 2
Where those main parameters include the possibility to influence ranking against any direct or indirect remuneration paid by business users to the service provider of online intermediation services concerned, that provider of online intermediation services shall also include in its terms and conditions a description of those possibilities and of the effects of such remuneration on ranking.
Amendment 237 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 257 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Providers of online intermediation services and providers of online search engines shall include in their terms and conditions a clear, unequivocal description of any differentiated treatment which they give, or may give, in relation to, on the one hand, goods or services offered to consumers through those online intermediation servicesem by either that provider itself or any business users which that provider controls and, on the other hand, other business users.
Amendment 260 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Providers of online intermediation and online search engines shall be obliged to allow consumers to select which good or service to use as default when the consumer uses the online service for the first time. They must also enable consumers to quickly and easily change their preferences for goods or services used as default. They shall also be obliged to enable customers to refrain from choosing any default option.
Amendment 261 #
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. The description referred to in paragraph 1 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 online search engine relating to any of the following:
Amendment 262 #
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) access that the provider, the search engine or that the business users which that provider controls, may have to any personal data or other data, or both, which business users or consumers provide for the use of the online intermediation services concerned or which are generated through the provision of those services;
Amendment 263 #
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 concerned;
Amendment 264 #
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 269 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Providers of online intermediation services or providers of search engines shall include in their terms and conditions a description of the technical and contractual access, or absence thereof, of business users to any personal data or other data, or both, which business users or consumers provide for the use of the online intermediation services or online search engines concerned or which are generated through the provision of those services.
Amendment 273 #
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 providers of online search engines shall adequately inform business users at least of the following:
Amendment 278 #
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 the online search engine provider has access to personal data or other data, or both, which business users 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 281 #
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 engines 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 285 #
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 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 engines to all of the business users and consumers thereof, and if so, to which categories of such data and under what conditions.
Amendment 292 #
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
Amendment 296 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
Providers of online intermediation services or providers of online search engines shall provide for an internal system for handling the complaints of business users.
Amendment 298 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 2 – introductory part
Article 9 – paragraph 1 – subparagraph 2 – introductory part
That internal complaint-handling system shall be easily accessible for business users. It shall allow them to lodge complaints directly with the provider concerned regarding any of the following issues, among others:
Amendment 300 #
Proposal for a regulation
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. As part of their internal complaint- handling system, providers of online intermediation services or providers of online search engines shall:
Amendment 305 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Providers of online intermediation services and providers of search engines shall include in their terms and conditions all relevant information relating to the access to and functioning of their internal complaint-handling system.
Amendment 308 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1
Article 9 – paragraph 4 – subparagraph 1
Providers of online intermediation services and providers of online search engines shall annually establish and make easily available to the public information on the functioning and effectiveness of their internal complaint-handling system. They must also provide detailed information concerning these aspects at the request of the Commission or the relevant national authorities.
Amendment 312 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2
Article 9 – paragraph 4 – subparagraph 2
That information shall include, among other aspects, the total number of complaints lodged, the subject- matter of the complaints, the time period needed to process the complaints and the decision taken on the complaints.
Amendment 315 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
Providers of online intermediation services and providers of online search engines shall identify in their terms and conditions one or more mediators with which they are willing to engage to attempt to reach an agreement with business users on the settlement, out of court, of any disputes between the provider and the business user arising in relation to the provision of the online intermediation services concerned, including complaints that could not be resolved by means of the internal complaint-handling system referred to in Article 9.
Amendment 319 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
Providers of online intermediation services and providers of online search engines may only identify mediators providing their mediation services from a location outside the Union where it is ensured that the business users concerned are not effectively deprived of the benefit of any legal safeguards laid down in Union law or the law of the Member States as a consequence of the mediators providing those services from outside the Union.
Amendment 322 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Providers of online intermediation services and providers of online search engines 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 328 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Providers of online intermediation services and providers of online search engines shall bear a reasonable proportion of the total costs of mediation in each individual case. A reasonable proportion of those total costs shall be determined, on the basis of a suggestion by the mediator, by taking into account all relevant elements of the case at hand, in particular the relative merits of the claims of the parties to the dispute, the conduct of the parties, as well as the size and financial strength of the parties relative to one another. However, providers of online intermediation services and providers of online search engines shall in any case bear at least half of the total cost.
Amendment 333 #
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, of the providers of online search engines and of the business users concerned to initiate judicial proceedings at any time during or after the mediation process.
Amendment 335 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
The Commission shall encourage providers of online intermediation services and providers of online search engines as well as organisations and associations representing them to individually or jointly set up one or more organisations providing mediation services which meet the requirements specified in Article 10(2), for the specific purpose of facilitating the out- of-court settlement of disputes with business users arising in relation to the provision of those services, taking particular account of the cross-border nature of online intermediation services.
Amendment 345 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The right referred to in paragraph 1 shall be without prejudice to the rights of business users and corporate website users to individually take action before competent national courts, in accordance with the rules of the law of the Member State where the action is brought, to address any non-compliance by providers of online intermediation services or online search engines or providers of online search engines with the relevant requirements laid down in this Regulation.
Amendment 347 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The Commission shall encourage the drawing up of codes of conduct and ensure they are complied with by providers of online intermediation services, by providers of online search engines and by organisations and associations representing them, intended to contribute to the proper application of this Regulation, taking account of the specific features of the various sectors in which online intermediation servicesthe services in question are provided, as well as of the specific characteristics of micro, small and medium-sized enterprises.
Amendment 352 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. By [date: threewo years after the date of entry into force], and subsequently every threewo years, the Commission shall evaluate this Regulation and report to the European Parliament, the Council and the European Economic and Social Committee.