108 Amendments of Clara AGUILERA related to 2020/2018(INL)
Amendment 3 #
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
- having regard to the Commission recommendation (EU) 2018/334 of 1 March 2018 on measures to effectively tackle illegal content online,1a __________________ 1a OJ L 63, 6.3.2018, p. 50
Amendment 10 #
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
- having regard to the opinion of the Committee of the Regions (ECON- VI/048) from 5 December 2019 on “a European framework for regulatory responses to the collaborative economy”,
Amendment 11 #
Motion for a resolution
Citation 6 b (new)
Citation 6 b (new)
- having regard to the opinion of the Committee of the Regions (SEDEC- VI/051) from 5 December 2019 on “platform work –local and regional regulatory challenges”,
Amendment 14 #
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market,1a __________________ 1a OJ L 376, 27.12.2006, p. 36–68
Amendment 16 #
Motion for a resolution
Citation 7 b (new)
Citation 7 b (new)
- having regard to the Report of April 2019 conducted by the Joint Research Centre of the European Commission on “The future of Cities”,
Amendment 19 #
Motion for a resolution
Recital A
Recital A
A. whereas e-commerce influences the everyday lives of people, businesses and consumers in the Union, and when operated in a fair and regulated level playing field, may contribute positively to unlocking the potential of the Digital Single Market, enhance consumer trust and provide newcomers, and in particular micro, small and medium enterprises, with new market opportunities for sustainable growth, development and jobs;
Amendment 20 #
Motion for a resolution
Recital A
Recital A
A. whereas e-commerce influences the everyday lives of people, workers, businesses and consumers in the Union, and when operated in a fair and regulated level playing field, may contribute positively to unlocking the potential of the Digital Single Market, enhance consumer trust and provide newcomers, and in particular micro, small and medium enterprises, with new market opportunities for sustainable growth and jobs;
Amendment 21 #
Motion for a resolution
Recital A
Recital A
A. whereas e-commerce influences the everyday lives of people, businesses and consumers in the Union, and when operated in a fair and regulated level playing field, maybalanced legal framework, contributes positively to unlocking the potential of the Digital Single Market, enhance consumer trust and provide newcomers, and in particular micro, small and medium enterprises, with new market opportunities for sustainable growth and jobs;
Amendment 24 #
Motion for a resolution
Recital B
Recital B
B. whereas the Directive 2000/31/EC of the European Parliament and of the Council2 (“the E-Commerce Directive”) has been one of the most successful pieces of Union legislation and has shaped the Digital Single Market as we know it today; whereas the E-Commerce Directive was adopted 20 years ago, it offers unfair competitive advantages to platforms compared to traditional companies and no longer adequately reflects the rapid transformation and expansion of e-commerce in all its forms, with its multitude of different emerging services, providers and challenges; __________________ 2 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1).
Amendment 26 #
Motion for a resolution
Recital B
Recital B
B. whereas the Directive 2000/31/EC of the European Parliament and of the Council2 (“the E-Commerce Directive”) has been one of the most successful pieces of Union legislation and has shaped the Digital Single Market as we know it today; whereas the E-Commerce Directive was adopted 20 years ago and no longer adequately reflects the rapid transformation and expansion of e-commerce in all its forms, with its multitude of different emerging services, products, providers and challenges; __________________ 2 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1).
Amendment 27 #
Motion for a resolution
Recital B
Recital B
B. whereas the Directive 2000/31/EC of the European Parliament and of the Council2 (“the E-Commerce Directive”) has been one of the most successful pieces of Union legislation and has shaped the Digital Single Market as we know it today; whereas the E-Commerce Directive was adopted 20 years ago and no longer adequately reflectsrequires updating, taking into account the rapid transformation and expansion of e- commerce in all its forms, with its multitude of different emerging services, providers and challenges; __________________ 2 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1).
Amendment 43 #
Motion for a resolution
Recital D
Recital D
D. whereas the social challenges and economic challenglosses brought by the COVID-19 pandemic are showing the resilience of the e-commerce sector and its potential as a driver for relaunching the European economy; whereas, at the same time, the pandemic has also exposed serious shortcomings of the current regulatory framework which call for action at Union level to address the difficulties identified and to prevent them from happening in the future;
Amendment 45 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas services provided by online platforms at no monetary cost to consumers are nevertheless ultimately funded through online advertising designed to maximise the amount of user attention dedicated to the platform and to keep users as much time as possible on the platform itself; whereas there is a need to depart from the current purely “advertisement-centric” model to an approach where the focus is on the interest of citizens in accessing and sharing of high quality contents, the interest of consumers to broaden their choices and opportunities, and the interest of advertisers in broadening their audience and customer base;
Amendment 52 #
Motion for a resolution
Recital E
Recital E
E. whereas in its communication to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 19 February 2020 “Shaping Europe’s digital future”, the Commission committed itself to adopting, as part of the Digital Services Act package, new and revised rules for online platforms and information service provider; to reinforcing platform accountability and the oversight over platforms’ content policies in the EU; and, to looking into ex ante rules to ensure that large platforms with significant network effects, acting as gatekeepers, remain fair and contestable for innovators, businesses, and new market entrants;
Amendment 77 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recognises the importance of the legal framework set out by the E- Commerce Directive in the development of online services in the Union and in particular its internal market clause, through which home country control and the obligation on Member States to ensure the free movement of information society services have been established; highlights that the legal certainty brought by the E- Commerce Directive has provided SMEs with the opportunity to expand their business and to sell more easily across borders;
Amendment 79 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recognises the importance of the legal framework set out by the E- Commerce Directive in the development of online services in the Union and in particular its internal market clause, through which home country control and the obligation on Member States to ensure the free movement of information society services have been established; notes however, that the provisions of the E- Commerce Directive have promoted unequal business conditions in the platform economy at the expense of traditional businesses, which makes a revision of the Directive necessary;
Amendment 85 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. CStresses that the main goal must be fair competition between the market participants; considers that the main principles of the E-Commerce Directive, such as the internal market clause, freedom of establishment and the prohibition on imposing a general monitoring obligation should be maintained; underlines that the principle of “what is illegal offline is also illegal online”, as well as the principles of consumer protection and user safety, should also become guiding principles of thepreserved in general, but adjusted and reviewed in order to reflect the current state-of-the-art; underlines that the principle "taxes and duties must be paid in that country where the economic activity takes place" and the principle of “what is illegal offline is also illegal online”, as well as the principles of consumer protection and user safety, should also become guiding principles of the future regulatory framework; stresses that for effective legal enforcement of national or regional laws through public administrations, overriding reasons of public interest should be defined and taken into account in a future regulatory framework;
Amendment 107 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Highlights that a fully integrated Single Market for e-commerce will greatly benefit consumers by removing regulatory fragmentation which is one of the root causes of geoblocking;
Amendment 108 #
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls on the Commission to make use of the most efficient regulatory tools, in particular harmonisation and mutual recognition, as highlighted in the interinstitutional agreement on better law- making;
Amendment 109 #
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Invites the Commission to thoroughly examine the clarity and consistency of the existing legal framework applying to online sales in order to identify possible gaps and contradictions; highlights that the goal of the DSA should be to stimulate sustainable growth and online sales across the Single Market, while guaranteeing a high level of consumer protection;
Amendment 113 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Takes the view that a level playing field in the internal market between the platform economy and the "traditional" offline economy, based on the same rights and obligations for all interested parties - consumers and businesses - is needed; considers that social protection and the full access to and respect of fundamental and social rights ofor all workers, especially of platform or collaborative economy workers should be properly addressed in a specific instrument, accompanying should be ensured, especially of non-standard workers, including platform or collaborative economy workers; considers necessary that these conditions and the obligations of digital labour platforms as employers be properly addressed and guaranteed in a specific binding legal instrument, to be presented at the same time of the future regulatory framework; of the Digital Services Act;
Amendment 116 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Takes the view that a level playing field in the internal market between the platform economy and the "traditional" offline economy, based on the same rights and obligations for all interested parties - consumers and businesses - is needed; considersstresses that platforms must have the same employer status as traditional companies and that social protection and social rights of workers, especially of platform or collaborative economy workers shouldneeds to be properly addressed in a specific instrument, accompanying the future regulatory framework; recalls that such a specific instrument needs to be ready before the Digital Services Act enters into force;
Amendment 119 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Takes the view that a level playing field in the internal market between the platform economy and the "traditional" offline economy, in line with existing competition law and maintaining the principle of "what is illegal offline is illegal online", based on the same rights and obligations for all interested parties - consumers and businesses - is needed; considers that social protection and social rights of workers, especially of platform or collaborative economy workers should be properly addressed in a specific instrument, accompanying the future regulatory framework;
Amendment 128 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. The legal instrument should end the misclassification of workers that deprives them of their rights, a worker should be presumed to be employed until proven otherwise; it should also ensure fair working conditions, health and safety at the workplace and full social protection for non-standard workers; the rights to bargain collectively and to take collective action must not be restricted and collective agreements covering non- standard workers and platform workers (including the self-employed) should be considered to fall outside the scope of Article 101 TFEU;
Amendment 130 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls upon the European Commission to undertake further research on the financialisation and touristification of housing markets, including speculation, money laundering and tax evasion and its consequences for the functioning of the internal market;
Amendment 132 #
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Stresses that reliable data at European level on real estate transactions are vital to prevent distortions in Europe´s cities and regions housing markets; recalls that more transparency, as by a European registry, could also prevent money laundering in this sector;
Amendment 137 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that the Digital Services Act should be based on public values of the Union protecting citizens’ rights should aim to foster the creation of a rich and diverse online ecosystem with a wide range of online services, favourable digital environment and, legal certainty, transparency and the possibility to contest the non- compliance of products and services to unlock the full potential of the Digital Single Market;
Amendment 153 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses the importance of maintaining the horizontal approach of the E-Commerce Directive; acknowledges , however, that a one-size-fits-all solution to all types of illegal activities or hosting providers would not be appropriate; recommends distinguishing between commercial and non-commercial activities, and between different type of digital services hosted by platforms rather than focusing too much on the type of the platform;
Amendment 154 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls for any new legislation as part of the Digital Services Act package to respect and leave intact the newly adopted Directive (EU) 2019/790 on Copyright in the Digital Single Market, which provides for sector-specific rules on copyright and authors’ rights in the digital environment and ensures the protection of authors and artists’ work;
Amendment 156 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Is of the opinion that all providers for digital services based outside the single market must adhere to the regulation of digital services of the European Union;
Amendment 157 #
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Notes that it is important to ensure that digital services arrangements respect and comply with national and regional legislation or powers of local supervisory authorities or local control mechanisms for the purpose of the appropriate fulfilment of their obligations;
Amendment 160 #
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Considers that as the outdated framework of the E-Commerce Directive no longer adequately reflects a balance of emerging and existing enterprises, as well as online and “traditional” offline economy, a future regulatory framework to ensure a new balance is necessary;
Amendment 173 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Notes that some digital business models use public spaces for commercial purposes and is of the opinion that local and regional governments must be able to safeguard public interest and ensure administrative control;
Amendment 183 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls that recent scandals regarding data harvesting and selling, Cambridge Analytica, fake news, misinformation, political advertising and manipulation and a host of other online harms (from hate speech to the broadcast of terrorism) have shown the need to revisit the existing rules and reinforce fundamental rights;
Amendment 186 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that the Digital Services Act should achieve the right balance between the internal market freedoms andensure the full respect of the fundamental rights and principles set out in the Charter of Fundamental Rights of the European Union, including the rights for workers in digital labour platforms to information and consultation within the fundamental rights and principles set out in theertaking, of collective bargaining and action and of fair and just working conditions, the European Social Charter, the Community Charter of Fundamental Social Rights of the European UnWorkers, the relevant international human right instruments, including ILO Conventions;
Amendment 187 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that the Digital Services Act should achieve the right balance between the internal market freedoms and the fundamental rights and principles set out in the Charter of Fundamental Rights of the European Union, therefore it should ensure the access of all citizens to digital services and to the content of digital platforms;
Amendment 200 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that the COVID-19 pandemic has shown how vulnerable EU Member States authorities and consumers are to misleading trading practices by dishonest traders selling fake or illegal products online that are not compliant with Union safety rules or imposing unjustified and abusive price increases or other unfair conditions on consumers;
Amendment 202 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that the COVID-19 pandemic has shown how vulnerable EU consumers are to misleading trading practices by dishonest traders selling fake or illegalcounterfeit or unsafe products online that are not compliant with Union safety rules or imposing unjustified and abusive price increases or other unfair conditions on consumers;
Amendment 205 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that this problem is aggravated by the fact that often the identity of these companies cannot be established; underlines the need to better inform and educate consumers about online sales in general, and by the potential risks of buying products not approved for the European market in particular;
Amendment 208 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that this problem is aggravated by the fact that often the identity of these companies cannot be established, for example due to the lack of a publicly accessible European company register;
Amendment 209 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that this problem is aggravated by the fact that often the identity of these companies and /or individuals cannot be established;
Amendment 217 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that the current transparency and information requirements set out in the E-Commerce Directive on information society services providers and their business customers, and the minimum information requirements on commercial communications, shouldneeds to be substantially strengthened especially because of the lack of transparency in the wide variety of online-advertising;
Amendment 232 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to require service providers to verify the information and identity of both the business partners with whom they have a contractual commercial relationship, and the individuals who offer services or sell products on online platforms, and to ensure that the information they provide is accurate and up-to-date;
Amendment 243 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission to introduce enforceable obligations on internformation society services providers aimed at increasing transparency and, information and accountability; considers that these obligations should be enforced by appropriate, effective and dissuasive penalties;
Amendment 263 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Stresses that online consumers find themselves in an unbalanced relation to service providers and traders offering services for free but supporting their services by advertising revenue and ads that are automatically targeting individual consumers, based on the information collected through big data and AI mechanisms; notes that the business model based on providing “free” services paid through advertising may lead to undesirable societal outcomes and be detrimental to consumers;
Amendment 280 #
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Deems necessary to ensure an approach based on social dialogue and effective information and consultation of workers in introducing and monitoring AI technologies and solutions, in particular with regard to the use of algorithms; the ‘human in command principle’ must be respected, inter alia, to prevent the rise of health and safety risks, alienating tasks, discrimination, undue surveillance, and abuses in management and HR processes;
Amendment 300 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that the existence and spread of illegal content online is a severe threat that undermines citizens' trust and confidence in the digital environment, and which also harms the economic development of healthy platform ecosystems in the Digital Single Market and severely hampers the development of legitimate markets for digital services, therefore Member States must lay down the sanctions applicable to those responsible for disseminating illegal content online, and using unfair commercial practices;
Amendment 333 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Considers that voluntary actions and self-regulation by online platforms across Europe have brought some benefits, but strong additional measures are needed in order to ensure the swift detection and removal of illegal content online; stresses that voluntary actions and self-regulation by online platforms are not the appropriate way to find a solution for a fair level playing field;
Amendment 339 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Considers that voluntary actions and self-regulation by online platforms across Europe have brought some benefits, but additional binding measures are needed in order to ensure the swift detection and removal of illegal content online;
Amendment 354 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission to address the increasing differences and fragmentations of national rules in the Member States and to propose concrete legislative measures including an effective and proportionate notice- and-action mechanism, that can empower users to notify online intermediaries of the existence of potentially illegal online content or behaviour’ ensuring that flagged illegal content is removed and does not reappear; is of the opinion that such measures would guarantee a high level of users' and consumers' protection while promoting consumer trust in the online economy;
Amendment 358 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission to address the increasing differences and fragmentations of national rules in the Member States and to propose concrete legislative measures including a notice- and-action mechanism, that can empower users and public bodies and administrations to notify online intermediaries of the existence of potentially illegal online content or behaviour; is of the opinion that such measures would guarantee a high level of users' and consumers' protection while promoting consumer trust in the online economy;
Amendment 360 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission to address the increasing differences and fragmentations of national rules in the Member States and to propose concrete, and harmonized legislative measures including a notice- and-action mechanism, that can empower users to notify online intermediaries of the existence of potentially illegal online content or behaviour; is of the opinion that such measures would guarantee a high level of users' and consumers' protection while promoting consumer trust in the online economy;
Amendment 365 #
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
Amendment 376 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Stresses that maintaining safeguards from the legal liability regime for hosting intermediaries with regard to user-uploaded content and the general monitoring prohibition set out in Article 15 of the E-Commerce Directive are still relevant and should be preserved in general, but needs to be preservedadjusted to safeguard the principle "what is illegal offline is illegal online";
Amendment 378 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Stresses that maintaining safeguards from the legal liability regime for hostpassive onlinge intermediaries with regard to user-uploaded contentunder Articles 12, 13 1nd 14 of the E- Commerce Directive and the general monitoring prohibition set out in Article 15 of the E-Commercethereof Directive are still relevant and need to be preserved;
Amendment 384 #
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Emphasises its scepticism about the introduction of “good Samaritan” provisions to exempt providers from liability when acting in “good faith” as this would encourage platforms to decide on what should be allowed or not and would risk reinforcing impunity, creating obstacles for enforcement; considers that the import of US law provisions are not fit-for-purpose in Union law;
Amendment 387 #
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Notes that Member States should ensure, that upon request, the service provider supplies to the competent authorities of the country of destination all the data required for public administration to fulfil its tasks needed to enforce law;
Amendment 393 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Notes that while online platforms, such as online market places, have benefited both retailers and consumers by improving choice and lowering prices, at the same time, they have allowed sellers, in particular from third countries, to offer products which often do not comply with Union rules and standards on product safety and do not sufficiently guarantee consumer rights; stresses that fraudulent practices, such as fake shops, fraud by advance payment or phishing often lead to financial damages for consumers;
Amendment 396 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Notes that while online platforms, such as online market places, have benefited both retailers and consumers by improving choice and lowering prices, at the same time, they have allowed sellers, in particular from third countries, to offer products which often do not comply with Union rules on product safety or are counterfeit and do not sufficiently guarantee consumer rights;
Amendment 404 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. SCalls on the Commission to address issues related to online marketplaces in the Digital Services Act and asks for a thorough analysis of the interaction between the Digital Services Act and the Union product safety and chemicals legislation; stresses that it is unacceptable that Union consumers are exposed to illegal and unsafe products, containing dangerous chemicals, as well as other safety hazards;
Amendment 406 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Stresses that it is unacceptable that Union consumers are exposed to illegal and unsafe products, containing dangerous chemicals, as well as other safety hazards; insists on the necessity to establish measures in order to prevent the sale of non-compliant products or services on online platforms;
Amendment 410 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Stresses that it is unacceptable that Union consumers are exposed to illegal, counterfeit and unsafe products, containing dangerous chemicals, as well as other safety hazards;
Amendment 413 #
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Stresses that, if an unsafe or illegal product is withdrawn, the platform must inform consumers who have purchased it and cooperate with the authorities, as well as reporting all products on its platform that are considered illegal or unsafe;
Amendment 416 #
Motion for a resolution
Paragraph 26
Paragraph 26
26. CStresses the importance of the rules of the Regulation (EU) 2019/1020 on market surveillance and compliance of products about liability and conformity of products imported from third countries; calls on the Commission to remedy the current further legal loophole which allows suppliers established outside the Union to sell products online to European consumers which do not comply with Union rules on safety and consumer protection, without being sanctioned or liable for their actions and leaving consumers with no legal means to enforce their rights or being compensated by any damages;
Amendment 418 #
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the Commission to remedy the current legal loophole which allows suppliers established outside the Union to sell products online to European consumers which do not comply with Union rules on safety and consumer protection or other European legislation applicable, without being sanctioned or liable for their actions and leaving consumers with no legal means to enforce their rights or being compensated by any damages;
Amendment 422 #
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Stresses that, to meet product accountability and transparency requirements, online marketplaces must at least collect and verify sellers' contact information before allowing the creation of a new account;
Amendment 468 #
Motion for a resolution
Paragraph 29
Paragraph 29
29. Believes that, in view of the cross- border nature of digital services, effective supervision and cooperation between Member States is key to ensuring the proper enforcement of the Digital Services Act; believes that the development of interoperable systems for data sharing can be a valuable tool for strengthening the supervision and enforcement of the Digital Services Act, building mutually beneficial cooperation;
Amendment 481 #
Motion for a resolution
Paragraph 30
Paragraph 30
30. Considers that a central regulatory authority should be established which should be responsible for the oversight and compliance with the Digital Services Act and have supplementary powers to tackle cross-border issues; it should be entrusted with the appropriate investigation and enforcement powers needed to act and to promote cooperation between Member States in compliance with their respective national legislation;
Amendment 500 #
Motion for a resolution
Paragraph 32
Paragraph 32
32. Calls on the Commission to strengthen and modernise the current provisions on out-of-court settlement andexisting Union framework for out-of-court settlement under the E-Commerce Directive, taking into account developments under Directive 2013/11/EU, as well as court actions to allow for an effective enforcement and consumer redress;
Amendment 505 #
Motion for a resolution
Annex I – part I – paragraph 1
Annex I – part I – paragraph 1
The Digital Services Act should contribute to the strengthening of the internal market by ensuring the free movement of digital services and the freedom to conduct a business, while at the same time guaranteeing a high level of consumer protection, including the improvement of users’ safety online;
Amendment 526 #
Motion for a resolution
Annex I – part I – paragraph 6 – indent 1 – subi. 1
Annex I – part I – paragraph 6 – indent 1 – subi. 1
- a revised framework with clear due diligence transparency and information obligations for all types of digital services;
Amendment 554 #
Motion for a resolution
Annex I – part II – paragraph 2
Annex I – part II – paragraph 2
The territorial scope of the future Digital Services Act should be extended to cover also the activities of companies and service providers established in third countries, when they offer services or goods to consumers or users in the Union; for online marketplaces, such a provision should be complemented by an obligation for platforms to check whether suppliers from outside the EU which target European consumers either have set up a branch in the EU or have appointed a person responsible in the EU; if the trader does not meet this obligation and the platform is proven to have failed to verify compliance of this obligation, the platform should be liable for damages and guarantees, without prejudice to the possibility to seek redress to the trader a posteriori;
Amendment 564 #
Motion for a resolution
Annex I – part II – paragraph 4 a (new)
Annex I – part II – paragraph 4 a (new)
The Digital Services Act should extend the derogation set out in the Annex of the E-Commerce Directive in order to safeguard public interests and to ensure the appropriate legal enforcement on national and regional level;
Amendment 571 #
Motion for a resolution
Annex I – part III – paragraph 1 – indent 1
Annex I – part III – paragraph 1 – indent 1
- clarify to what extent “new digital services”, such as social media networks, collaborative economy services, search engines, wifi hotspots, online advertising, cloud services, app stores, content delivery networks, and domain name services fall within the scope of the Digital Services Act;
Amendment 586 #
Motion for a resolution
Annex I – part III – paragraph 1 – indent 4
Annex I – part III – paragraph 1 – indent 4
- clarify of what falls within the remit of the "illegal content” definition making it clear that a violation of EU rules on consumer protection, product safety or the offer or sale of food or tobacco products and counterfeit medicinescounterfeit products of any type, also falls within the definition of illegal content;
Amendment 591 #
Motion for a resolution
Annex I – part III – paragraph 1 – indent 5
Annex I – part III – paragraph 1 – indent 5
- define “systemic operator” by establishing a set of clear economic indicators that allow regulatory authorities to identify platforms with a “gatekeeper” role playing a systemic role in the online economy; such indicators could include considerations such as whether the undertaking is active to a significant extent on multi-sided markets, the size of its network (number of users), and the presence of network effects; barriers to entry, its financial strength, and ability to access to data,; vertical integration, and its role as an unavoidable partner and the importance of its activity for third parties’ access to supply and markets, etc.
Amendment 597 #
Motion for a resolution
Annex I – part III – paragraph 1 – indent 5
Annex I – part III – paragraph 1 – indent 5
- define “systemic operator” by establishing a set of clear economic indicators that allow regulatory authorities to identify platforms with a “gatekeeper” role playing a systemic role in the online economy; such indicators could include considerations such as whether the undertaking is active to a significant extent on multi-sided markets, the size of its network (number of users), its financial strength, access to data, vertical integration, the importance of its activity for third parties’ access to supply and markets, etc.
Amendment 608 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 1
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 1
- the information requirements in Article 5 of the E-Commerce Directive should be reinforced and the “Know Your Business Customer” principle should be introduced; services providers should regularly verify the identity of their business partners, including their company registration number or any equivalent means of identification including, if necessary, the verified national identity of their ultimate beneficial owner, the postal address and the latest contact details; that information should be accurate and up-to- date, and service providers should not be allowed to provide their services when the identity of their business customer is false, misleading or otherwise invalid;
Amendment 610 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 1
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 1
- the information requirements in Article 5 of the E-Commerce Directive should be reinforced and the “Know Your Business Customer” principle limited to the direct commercial relationships of the hosting provider should be introduced; serviceshosting providers should verify the identity of their business partners, including their company registration number or any equivalent means of identification including, if necessary, the verified national identity of their ultimate beneficial owner; that information should be accurate and up-to- date, and service providers should not be allowed to provide their services when the identity of their business customer is false, misleading or otherwise invalid;
Amendment 611 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 1
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 1
- the information requirements in Article 5 of the E-Commerce Directive should be reinforced and the “Know Your Business Customer” principle should be introduced; services providers should verify the identity of their business partners, including their company registration number or any equivalent means of identification including, if necessary, the verified national identity of their ultimate beneficial owner; that information should be accurate and up-to- date, and service providers should not be allowed to provide their services when the identity of their business customer or individuals who sell on online platforms is false, misleading or otherwise invalid;
Amendment 620 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 2 a (new)
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 2 a (new)
- The provisions of Article 5 of the E-Commerce Directive should be further modernised by requiring traders to provide consumers with direct and efficient means of communication such as electronic contact forms, chatbots, instant messaging or telephone callback, provided that the information relating to those means of communication is accessible to consumers in a clear and comprehensible manner.
Amendment 627 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 2
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 2
- explicitly mentioning in the contract terms and general conditions what is to be understood as illegal content according to the Union or national law applicable to the service(s) being provided; clearly setting out policies regarding such content and with regard to repeat offenders and the suspension of accounts;
Amendment 642 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 3 – indent 2
Annex I – part IV – paragraph 1 – subheading 3 – indent 2
- Building upon Article 6 of the E- Commerce Directive, the new measures should establish a new framework for Platform to Consumer relations on meaningful transparency and accountability provisions regarding online advertising, digital nudging and preferential treatment; paid advertisements or paid placement in a ranking of search results should be identified in a clear, concise, and intelligible manner; those measures should: - enable consumers with an option not to be tracked or (micro)-targeted and to opt- in for the use of behavioural data for advertising purposes, as well as an opt-in option for political advertising and ads; - provide consumers with access to their dynamic marketing profiles, so that they are informed on whether and for what purposes they are tracked and if the information they receive is for advertising purposes; - guarantee the right for consumers to contest any decision that undermines their interests including through collective redress mechanisms; - ensure that paid advertisements or paid placement in a ranking of search results should be identified in a clear, concise, and intelligible manner; - specify the grounds on which service providers and traders cannot discriminate and provide guidance on what practices count as aggressive advertising whilst encouraging consumer-friendly AI- technologies; - provide access to advertising delivery data in proper formats to verify the exposure of advertisers, the performance of paid vs unpaid advertising and the compliance with minimal diversification requirements.
Amendment 644 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 3 – indent 2
Annex I – part IV – paragraph 1 – subheading 3 – indent 2
- Building upon Article 6 of the E- Commerce Directive, the new measures should establish a new framework for Platform to Consumer relations on transparency provisions regarding advertising, information, digital nudging and preferential treatment; paid advertisements or paid placement in a ranking of search results should be identified in a clear, concise, and intelligible manner;
Amendment 646 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 3 – indent 3
Annex I – part IV – paragraph 1 – subheading 3 – indent 3
- The transparency requirements should include the obligation to disclose who is paying for the advertising, including both direct and indirect payments or any other contributions received by service providers; those requirements should apply also to platforms, even if they are established in third countries; consumers and public authorities should be able to identify who should be held accountable in case of, for example, false or misleading advertisement; the online advertising industry, which places commercials on websites, should be liable for the swift establishment of the legal status (change of ban on the incriminated advertising);
Amendment 653 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 3 – indent 4
Annex I – part IV – paragraph 1 – subheading 3 – indent 4
- Article 7 of the E-Commerce Directive should be revised in order to protect consumers from unsolicited commercial communications online. and to regulate more strictly the use of targeted advertising online;
Amendment 668 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3
Annex I – part IV – paragraph 1 – subheading 4 – indent 3
- establish the principle of safety and security by default; as well as diversity “by- design”.
Amendment 670 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 a (new)
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 a (new)
- develop a European framework on artificial intelligence in the area of ecommerce and digital services based on fairness, accuracy, confidentiality and transparency.
Amendment 673 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 b (new)
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 b (new)
- with regard to accountability of algorithms used for targeted advertising, introduce fairness criteria for ad optimisation, and allow for external audits and verification of algorithmic design choices that involve information about individuals.
Amendment 675 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 c (new)
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 c (new)
- ascertain effective and efficient rights, institutions and procedures for AI developers to certify the reliability of their models and to properly address and exploit the impact of upcoming technological developments.
Amendment 677 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 d (new)
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 d (new)
- ensure an approach social dialogue and effective information and consultation of workers before introducing AI technologies and solutions which have impacts on working and employment conditions, in particular with regard to the use of algorithms;
Amendment 679 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 e (new)
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 e (new)
- guarantee the respect of the ‘human in command principle and ensure the protection of data and privacy of workers at work, reinforcing the GDPR rules at the workplace;
Amendment 699 #
Motion for a resolution
Annex I – part V – paragraph 1 – indent 3
Annex I – part V – paragraph 1 – indent 3
- preserve the underlying legal principle that online technical, automatic and passive intermediaries should not be held directly liable for the acts of their users and that online intermediaries can continue moderating legal content under fair and transparent terms and conditions of service, provided that they are applicable in a non-discriminatory manner;
Amendment 714 #
Motion for a resolution
Annex I – part V – paragraph 1 – indent 4 a (new)
Annex I – part V – paragraph 1 – indent 4 a (new)
- safeguard the principle “what is illegal offline is also illegal online” and the principle "taxes and duties must be paid in that country where the economic activity takes place”.
Amendment 716 #
Motion for a resolution
Annex I – part V – paragraph 1 – indent 4 b (new)
Annex I – part V – paragraph 1 – indent 4 b (new)
- require providers to actively share with Member States the information necessary for detecting illegal information posted or illegal activities undertaken by recipients of their service;
Amendment 766 #
Motion for a resolution
Annex I – part V – subheading 2 – indent 3
Annex I – part V – subheading 2 – indent 3
- All interested parties should have the right to contest the decision through a counter-notice, which must be subject to clear requirements and accompanied by an explanation, and by having recourse to out-of-court dispute settlement mechanism; to this end, the rules of Article 17 of the E- Commerce Directive should be revised.
Amendment 785 #
Motion for a resolution
Annex I – part V – paragraph 3 – indent 5 a (new)
Annex I – part V – paragraph 3 – indent 5 a (new)
- the measures they adopt with regards to repeated infringers to ensure that the measures are effective in tackling such systemic abusive behaviour.
Amendment 796 #
Motion for a resolution
Annex I – part V – paragraph 5
Annex I – part V – paragraph 5
The Digital Services Act should, in line with existing European legislation, address the lack of legal certainty regarding the concept of active vs passive hosts. The revised measures should clarify if interventions by hosting providers having editorial functions and a certain “degree of control over the data,” through tagging, organising, promoting, optimising, presenting or otherwise curating specific content for profit-making purposes and which amounts to adoption of the third- party content as one’s own (as judged by average users or consumers) should lead to a loss of safe harbour provisions due to their active nature.
Amendment 812 #
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 3 a (new)
Annex I – part VI – paragraph 2 – indent 3 a (new)
- include clear obligations to ensure that online markets meet transparency, accountability and traceability requirements and implement proactive and reactive measures to prevent illegal and unsafe products from being offered for sale to EU consumers;
Amendment 820 #
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 5
Annex I – part VI – paragraph 2 – indent 5
- once products have been identified as unsafe by the Union’s rapid alert systems or by consumer protection authorities, it should be compulsory to remove products from the marketplace within 24 hours; online markets are required to cooperate with the authorities, keeping them informed as soon as they become aware of products on their platforms that are unsafe or non- compliant with European safety standards;
Amendment 821 #
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 5
Annex I – part VI – paragraph 2 – indent 5
- once products have been identified as unsafe and/or counterfeit by the Union’s rapid alert systems or by consumer protection authorities, it should be compulsory to remove products from the marketplace within 24 hours and measures should be taken to prevent their reappearance on the marketplace;
Amendment 830 #
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 6
Annex I – part VI – paragraph 2 – indent 6
- oblige online marketplaces to inform consumers of any safety issues and of any action required to ensure that recalls are carried out effectively; be consistent with and complementary to a reform of the General Product Safety Directive;
Amendment 832 #
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 6
Annex I – part VI – paragraph 2 – indent 6
- oblige online marketplaces to inform consumers promptly of any safety issues and of any action required to ensure that recalls are carried out effectively;
Amendment 841 #
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 8 a (new)
Annex I – part VI – paragraph 2 – indent 8 a (new)
- include obligations for online markets regarding the collection and verification of sellers' contact information prior to authorising the creation of an account. Similarly, details of unsafe and illegal products should also be shared with the competent authorities;
Amendment 843 #
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 9
Annex I – part VI – paragraph 2 – indent 9
- explore expanding the commitment made by some e-commerce retailers and the Commission to respectively remove dangerous or counterfeit products from sale more rapidly under the voluntary commitment schemes called “Product Safety Pledge” and "Memorandum of Understanding on the sale of counterfeit goods via the internet" and indicate which of those commitments could become mandatory.
Amendment 871 #
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 3
Annex I – part VII – paragraph 2 – indent 3
- clarify that some regulatory remedies should be imposed on all ”systemic platforms” without the need for a decision by a regulatory authority, such as transparency in the way the dominant platforms conduct business: in particular how they collect or use data, prohibition for “systemic platforms” to engage in self- preferencing or in any practices aimed at making it more difficult for consumers to switch suppliers, or other forms of discrimination that exclude or disadvantage other businesses; , prohibition on asymmetric business terms;
Amendment 888 #
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 6 a (new)
Annex I – part VII – paragraph 2 – indent 6 a (new)
- ensure safety, transparency, freedom of choice and diversity for consumers.
Amendment 909 #
Motion for a resolution
Annex I – part VIII – paragraph 4 a (new)
Annex I – part VIII – paragraph 4 a (new)
To this extend, the central regulatory authority should be entrusted with the necessary supervision, monitoring and enforcement power needed to promote cross-border cooperation between Member States with respect to their respective national legal provisions.