BETA

53 Amendments of Eva KAILI related to 2018/0112(COD)

Proposal for a regulation
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 self- employed, micro, small and medium-sized enterprises, on those services in order for them to reach consumers. Given that increasing dependence which may affect large businesses in addition to self- employed, micro, small and medium-sized enterprises, 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.

2018/09/27
Committee: ITRE

Proposal for a regulation
Recital 5

(5) Online intermediation services and online search engines, as well as the ~~commercial~~ transactions facilitated by those services, have an intrinsic cross- border potential and are of particular importance for the proper functioning of the Union’s internal market in today’s economy. The potentially unfair and harmful trading practices of certain providers of those services in respect of business users and corporate website users hamper the full realisation of that potential and negatively affect the proper functioning of the internal market. In addition, the full realisation of that potential is hampered, and the proper functioning of the internal market is negatively affected, by diverging laws of certain Member States which, with a varying degree of effectiveness, regulate those services, while other Member States are considering adopting such laws.

2018/09/27
Committee: ITRE

(6) A uniform and targeted set of mandatory rules should therefore be established at Union level to ensure a fair, predictable, sustainable and trusted online business environment within the internal market by ensuring, in particular, that the business users of online intermediation services are afforded appropriate transparency as well as effective redress possibilities throughout the Union. Those rules should also provide for appropriate transparency as regards the ranking of corporate website users in the search results generated by online search engines. At the same, those rules should be such as to safeguard the important innovation potential of the wider online platform economy. In line with the development of the sector, the European Commission shall examine the reinforcement of the transparency and fairness provisions set in this Regulation either by sector specific legislation or review of this Regulation.

2018/09/27
Committee: ITRE

Proposal for a regulation
Recital 9

(9) Examples of online intermediation services covered by this Regulation should consequently include online e-commerce market places, including collaborative ones on which business users are active, online software applications services and online social media services and voice assistance services. However, this Regulation should not apply to online advertising serving tools or online advertising exchanges which are not provided with the aim of facilitating the initiation of direct transactions and which do not involve a contractual relationship with consumers. This Regulation should also not apply to online payment services, since they do not themselves meet the applicable requirements but are rather inherently auxiliary to the transaction for the supply of goods and services to the consumers concerned.

2018/09/27
Committee: ITRE

Proposal for a regulation
Recital 11

(11) For reasons of consistency, the definition of online search engine used in this Regulation should be aligned with the definition used in Directive (EU) 2016/1148 of the European Parliament and of the Council21 . The definition of an online search engine as a digital service that allows users to perform searches on the basis of a query on any subject in the form of a keyword, phrase or other input, and returns links, should be understood as technologically neutral and should include, but not be limited to, data entered in the form of typed input, voice and image search. _________________ 21 Directive (EU) 2016/1148 of the European Parliament and of the Council concerning measures for a high common level of security of network and information systems across the Union (OJ L 194, 19.7.2016, p. 1).

2018/09/27
Committee: ITRE

Proposal for a regulation
Recital 12

(12) In order to effectively protect business users where needed, this Regulation should apply ~~where~~to the terms and conditions of a contractual relationship, regardless of their name or form, are not individually negotiated by the parties to them. Whether or not terms and conditions were individually negotiated should be determined on the basis of an overall assessment, whereby the fact that certain provisions thereof may have been individually negotiated is, in itself, not decisive.

2018/09/27
Committee: ITRE

Proposal for a regulation
Recital 14

(14) Ensuring transparency in the general terms and conditions can be essential to promoting sustainable business relationships and to preventing unfair behaviour to the detriment of business users. Providers of online intermediation services should therefore also ensure that the terms and conditions are easily available at all stages of the contractual relationship, including to prospective business users at the pre-contractual phase, and that any modifications to those terms are notified to business users within a set notice period which is reasonable and proportionate in light of the specific circumstances and which is at least 15 days. That notice period should not apply where, and to the extent that, it is waived in an unambiguous manner, such as the submission of a new product or service within the said notice period by the business user concerned or where, and to the extent that, the need to implement the modification without respecting the notice period stems from a legal obligation incumbent on the service provider under Union or national law.

2018/09/27
Committee: ITRE

Proposal for a regulation
Recital 16

(16) A provider of online intermediation services can have legitimate reasons to decide to s~~uspend~~anction, suspend, delist or terminate the provision of its services, in whole or in part, to a given business user, including by delisting individual goods or services of a given business user or effectively removing search results. Such legitimate reasons could include legal obligations to remove content or terminate the provision of intermediation services as a whole, business user violation deviating from the agreed terms and conditions, that could be harmful to the consumer (for example, but not limited to: security issues, fraud, spam, phishing, abuse of consumer data or financial position, illegal and harmful content). However, given that such decisions can significantly affect the interests of the business user concerned, they should be properly informed of the reasons thereof. The statement of reasons should allow business users to ascertain whether there is scope to challenge the decision, thereby improving the possibilities for business users to seek effective redress where necessary. In addition, requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content, in line with Commission Recommendation (EU) No 2018/33422 . The statement of reasons should identify the objective ground or grounds for the decision, based on the grounds that the provider had set out in advance in its terms and conditions, and refer in a proportionate manner to the relevant specific circumstances that led to that decision. In case of suspicion of exercise of harmful practices by business users against the interest of the consumer or the platform, such statement of reasons should not be provided as the information could help maintain or improve the said harmful practices. _________________ 22 Commission Recommendation (EU) No 2018/334 of 1 March 2018 on measures to effectively tackle illegal content online (OJ L 63, 6.3.2018, p. 50).

2018/09/27
Committee: ITRE

Proposal for a regulation
Recital 17

(17) The ranking of goods and services by the providers of online intermediation services has an important impact on consumer choice and, consequently, on the commercial success of the business users offering those goods and services to consumers. Providers of online intermediation services should therefore outline the main parameters determining ranking beforehand, in order to improve predictability for business users, to allow them to better understand the functioning of the ranking mechanism and to enable them to compare the ranking practices of various providers. At the same time they should ensure that the ranking of goods and services presents a balanced choice of results so as to avoid manipulation and the harm of business users and consumers. The notion of main parameter should be understood to refer to any general criteria, processes, specific signals incorporated into algorithms or other adjustment or demotion mechanisms used in connection with the ranking. The description of the main parameters determining ranking should also include an explanation of any possibility for business users to actively influence ranking against remuneration, as well as of the relative effects thereof. This description should provide business users with an adequate understanding of how the ranking mechanism takes account of the characteristics of the actual goods or services offered by the business user, and their relevance to the consumers of the specific online intermediation services. When ranking is influenced against remuneration, the consumers shall receive clear and unambiguous information regarding sponsored products or services.

2018/09/27
Committee: ITRE

Proposal for a regulation
Recital 17 a (new)

(17 a) The outlining of the main parameters that determine ranking should be carried out by the provider bearing into consideration and taking all the necessary measures to protect against harmful practices exercised by business users resulting in ranking manipulation.

2018/09/27
Committee: ITRE

Proposal for a regulation
Recital 17 b (new)

(17 b) The ranking of goods and services by the providers of online intermediation services and search engines is determined, at least partly, by user generated comments and reviews. The provider or search engine, in coordination with the business users, should develop mechanisms that address the issue of fake comments and reviews that are trying either to manipulate the ranking either for or against a business user resulting in harmful practices against the consumer. Such mechanisms should include, but not be limited to, defining eligibility criteria for commenting or reviewing a product or service and shall be mentioned in the terms and conditions. The provider shall also identify the conditions under which a comment or review can be removed and outline the relative procedure in the terms and conditions.

2018/09/27
Committee: ITRE

Proposal for a regulation
Recital 17 c (new)

(17 c) Given the importance of comments and reviews for the business users, the online intermediation service providers and search engine providers should develop solutions that focus on the verification and portability of comments and reviews from one intermediation service provider and search engine provider to another, so as to avoid duplication, enhance transparency and to facilitate the consumer’s choice. Such solutions could explore the possibility of employing distributed ledger technology for the tokenisation and verification of data related to comments and reviews and the portability of said data to other intermediation service provider and search engine provider.

2018/09/27
Committee: ITRE

Proposal for a regulation
Recital 17 d (new)

(17 d) In order to ensure and protect the integrity of the ranking of goods and services by the providers of online intermediation services and search engines and as ranking is determined, at least partly, by user generated comments and reviews the provider and search engine shall communicate on a regular basis with the business user so as to avoid comments or reviews by consumers acting in bad faith. When a consumer has acted previously in bad faith, either by repeatedly commenting or reviewing in a malicious or harmful way for the business user or the provider or the search engine, or repeatedly brought forward cases to the business user, provider or search engine filing unsubstantiated claims for reimbursement, the provider of online intermediation service or search engine shall notify the business user about the behaviour of the consumer and they should provide with facilitation of the verification of a potential unsubstantiated harmful comment or review that could affect the overall ranking of the business user.

2018/09/27
Committee: ITRE

Proposal for a regulation
Recital 18

(18) Similarly, the ranking of websites by the providers of online search engines, notably of those websites through which undertakings offer goods and services to consumers, has an important impact on consumer choice and the commercial success of corporate website users. Providers of online search engines should therefore provide a clear description of the main parameters determining the ranking of all indexed websites, including those of corporate website users as well as other websites. In addition to the characteristics of the goods and services and their relevance for consumers, this description should in the case of online search engines also allow corporate website users to obtain an adequate understanding of whether, and if so how and to what extent, certain design characteristics of the website used, such as their optimisation for display on mobile ~~telecommunications~~ devices, is taken into account. In the absence of a contractual relationship between providers of online search engines and corporate website users, that description should be available to the public in an obvious and easily accessible location on the relevant online search engine. To ensure predictability for corporate website users, the description should also be kept up to date, including the possibility that any changes to the main parameters should be made easily identifiable. Whilst the providers are under no circumstances required to disclose any trade secrets as defined in Directive (EU) 2016/943 of the European Parliament and of the Council23 when complying with this requirement to disclose the main ranking parameters, the description given should at least be based on actual data on the relevance of the ranking parameters used. _________________ 23 Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (OJ L 157, 15.6.2016, p. 1).

2018/09/27
Committee: ITRE

Proposal for a regulation
Recital 19

(19) Where a provider of online intermediation services or online search engine itself offers certain goods or services to consumers through its own online intermediation services or online search engine, 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 online search engine acts in a transparent manner and provides a description of any differentiated treatment, whether through legal, commercial or technical means, including but not limited to the setting of a default option that favours the provider or online search engine, the 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.

2018/09/27
Committee: ITRE

Proposal for a regulation
Recital 20

(20) The ability to access and use data, including personal data, can enable important value creation in the online platform economy. Accordingly, it is important that providers of online intermediation services provide business users with a clear description of the scope, nature and conditions of their access to and use of certain categories of data. The description should be proportionate and might refer to general access conditions, rather than an exhaustive identification of actual data, or categories of data, in order to enable business users to understand whether they can use the data to enhance value creation, including by possibly retaining third-party data services. Processing of personal data should comply with Regulation (EU) 2016/679 of the European Parliament and of the Council.24This Regulation shall require online intermediation service providers and search engine providers to provide an option for the consumer to opt in and share personal data with third parties beyond what is set out in their privacy policies. _________________ 24 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Text with EEA relevant) (OJ L 119, 4.5.2016, p. 1).

2018/09/27
Committee: ITRE

Proposal for a regulation
Recital 21

(21) Providers of online intermediation services might in certain cases restrict in the terms and conditions the ability of business users to offer goods or services to consumers under more favourable conditions through other means than through those online intermediation services. In those cases, the providers concerned should set out the grounds for doing so, in particular with reference to the main economic, commercial or legal considerations for the restrictions. This transparency obligation should however not be understood as affecting the assessment of the legality of such restrictionSuch restrictions deprive business users from exercising their entrepreneurial freedom to set the conditions of sale of their own products uand~~er other acts of Union law or the law of Member States in accordance with Union law, including in~~ services, and may also harm consumers by preventing them a~~reas of competition and unfair commercial practices, and the application of such laws~~ccess to a wider choice, while fragmenting the Single Market.

2018/09/27
Committee: ITRE

Proposal for a regulation
Recital 24

(24) Mediation can offer providers of online intermediation services and their business users a means to resolve disputes in a satisfactory manner, without having to use judicial proceedings which can be lengthy and costly. Therefore, providers of online intermediation services should facilitate mediation by, in particular, identifying mediators established in the EU, with which they are willing to engage. Mediators which provide their services from a location outside the Union should only be identified where it is guaranteed that the use of those services does not in any way deprive the business users concerned of any legal protection offered to them under Union law or the law of the Member States, including the requirements of this Regulation and the applicable law regarding protection of personal data and trade secrets. In order to be accessible, fair, and as swift, efficient and effective as possible, those mediators should meet certain set criteria that will be set by the Platform Observatory.

2018/09/27
Committee: ITRE

Proposal for a regulation
Recital 25

(25) Providers of online intermediation services should bear a reasonable proportion of the total costs of the mediation, taking into account all relevant elements of the case at hand, including whether the case was brought in good faith. To that aim, the mediator should suggest which proportion is reasonable in the individual case. However, that proportion should never be less than half of those costs in case the business user constitutes a small enterprise, in line with the relevant provisions of Commission Recommendation 2003/361/EC. When a business user has acted previously in bad faith during the mediation process, or repeatedly brought forward cases not leading to agreement of the dispute, the provider of online intermediation service should not be obliged to engage in mediation with said business users.

2018/09/27
Committee: ITRE

Proposal for a regulation
Recital 27

(27) Various factors, such as limited financial means, a fear of retaliation and exclusive choice of law and forum provisions in terms and conditions, can limit the effectiveness of existing judicial redress possibilities, particularly those which require business users or corporate website users to act individually and identifiably. To ensure the effective application of this Regulation, organisations, associations representing business users or corporate website users, as well as certain public bodies set-up in Member States, should be granted the possibility to take action before national courts. Such action before national courts should aim to stop or prohibit infringements of the rules set out in this Regulation and to prevent future damage that could undermine sustainable business relationships in the online platform economy. In order to ensure that such organisations or associations exercise that right effectively and in an appropriate manner, they should meet certain ~~criteria~~transparency criteria and be registered at the Transparency Register. Considering the particular status of the relevant public bodies in Member States where such bodies have been set up, it should only be required that those have been specifically charged, in accordance with the relevant rules of national law, with bringing such actions either in the collective interest of the parties concerned or in the general interest, without there being a need to apply those criteria to such public bodies. Any such actions should in no way affect the rights of the business users and corporate website users to take judicial action on an individual basis.

2018/09/27
Committee: ITRE

Proposal for a regulation
Recital 28 a (new)

(28 a) For reasons of transparency and accountability, and due to the role and tasks foreseen, the Observatory on the Online Platform Economy should be established as a body under this Regulation rather than as an expert group established by a Commission decision. The Observatory should have a wide range of independent experts that have proven competence and experience in the sector as its members.

2018/09/27
Committee: ITRE

Proposal for a regulation
Article 1 – paragraph 1

1. This Regulation lays down rules to ensure that business users of online intermediation services and corporate website users in relation to online search engines are granted ~~appropriate~~ transparency and effective redress possibilities.

2018/09/27
Committee: ITRE

Proposal for a regulation
Article 2 – paragraph 1 – point 7

(7) ‘corporate website user’ means any natural or legal person which uses websites, mobile applications or other type of software to offer goods or services to consumers for purposes relating to its trade, business, craft or profession;

2018/09/27
Committee: ITRE

Proposal for a regulation
Article 2 – paragraph 1 – point 10

(10) ‘terms and conditions’ means all terms, conditions, clauses and other information, irrespective of their name or form, which govern the contractual relationship between the provider of online intermediation services and their business users ~~and are unilaterally determined by the provider of online intermediation services~~.

2018/09/27
Committee: ITRE

Proposal for a regulation
Article 3 – paragraph 2

2. Terms and conditions, or specific provisions thereof, which do not comply with the requirements of paragraph 1 shall not be binding on the business users concerned where such non-compliance is established by a competent court.

2018/09/27
Committee: ITRE

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1

Providers of online intermediation services shall notify to the business users concerned any ~~envisaged~~foreseen modification of their terms and conditions.

2018/09/27
Committee: ITRE

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 3

The business user concerned may, either by means of a written statement or a clear affirmative action, such as the submission of a new product or service within the said notice period, waive the notice period referred to in the second subparagraph.

2018/09/27
Committee: ITRE

Proposal for a regulation
Article 3 – paragraph 5

5. Paragraph 3 shall not apply where a provider of online intermediation services is subject to a legal obligation or acting to protect the consumer from harmful practices (for example, but not limited to: security issues, fraud, spam, phishing, abuse of consumer data or financial position, illegal and harmful content) which requires it to modify its terms and conditions in a manner which does not allow it to respect the notice period referred to in the second subparagraph of paragraph 3.

2018/09/27
Committee: ITRE

Proposal for a regulation
Article 4 – paragraph 1

1. Where a provider of online intermediation services decides to s~~uspend~~anction, suspend, delist or terminate, in whole or in part, the provision of its online intermediation services to a given business user, it shall provide the business user concerned, without undue delay, with a statement of reasons for that decision. In case of any legal obligation or suspicion of exercise of harmful practices by business users against the consumer or the platform, such statement of reasons should not be provided as the information could help maintain or improve the said harmful practices.

2018/09/27
Committee: ITRE

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1

Providers of online intermediation services shall set out in their terms and conditions the main parameters determining ranking ~~and the reasons for the relative importance of those main parameters as opposed to other parameters~~.

2018/09/27
Committee: ITRE

Where those main parameters include the possibility to influence ranking against any direct or indirect remuneration paid by business users to the 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. When ranking is influenced against remuneration, the consumers shall receive clear and unambiguous information regarding sponsored products or services.

2018/09/27
Committee: ITRE

Proposal for a regulation
Article 5 – paragraph 2 a (new)

2 a. The outlining of the main parameters that determine ranking should be carried out by the provider bearing into consideration and taking all the necessary measures to protect against harmful practices exercised by business users resulting in ranking manipulation, including but limited to fake reviews and comments.

2018/09/27
Committee: ITRE

Proposal for a regulation
Article 5 – paragraph 4

4. Providers of online intermediation services and providers of online search engines shall, when complying with the requirements of this Article, not be required to disclose any trade secrets as defined in Article 2(1) of Directive (EU) 2016/943 nor any business sensitive information that could undermine the provider’s position.

2018/09/27
Committee: ITRE

Proposal for a regulation
Article 5 – paragraph 4 a (new)

4 a. Compliance with this article shall be carried out by the provider bearing into consideration and taking all the necessary measures to protect against harmful practices exercised by business users resulting in ranking manipulation and consumer deception.

2018/09/27
Committee: ITRE

Proposal for a regulation
Article 6 – paragraph 1

1. Providers of online intermediation services shall include in their terms and conditions a description of any differentiated treatment which they give, or may give in accordance with articles 101 and 102 of TFEU, in relation to, on the one hand, goods or services offered to consumers through those online intermediation services by either that provider itself or any business users which that provider controls and, on the other hand, other business users. Providers should also refrain from engaging in unfair commercial practices, that deviate from good commercial conduct.

2018/09/27
Committee: ITRE

Proposal for a regulation
Article 7 – paragraph 1

1. Providers of online intermediation services ~~shall include in their~~or online search engines shall include in their respective interface the an option for the consumer, explained in clear and unambiguous language, to opt in and share personal data with third parties beyond what is set out in their privacy policies. 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.

2018/09/27
Committee: ITRE

Proposal for a regulation
Article 7 – paragraph 2 – introductory part

2. Through the description referred to in paragraph 1, providers of online intermediation services or online search engines shall adequately inform business users at least of the following:

2018/09/27
Committee: ITRE

Proposal for a regulation
Article 7 – paragraph 2 – point a

(a) whether the provider of online intermediation services or online search engine 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;

2018/09/27
Committee: ITRE

Proposal for a regulation
Article 7 – paragraph 2 – point b

(b) whether a business user has access to personal data or other data, or both, provided by that business user in connection to his or her use of the online intermediation services or online search engine concerned or generated through the provision of those services to that business user and the consumers of his or her goods or services, and if so, to which categories of such data and under what conditions;

2018/09/27
Committee: ITRE

Proposal for a regulation
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 search engines to all of the business users and consumers thereof, and if so, to which categories of such data and under what conditions.

2018/09/27
Committee: ITRE

Proposal for a regulation
Article 7 – paragraph 2 a (new)

2 a. The online intermediation service provider and the search engine provider shall not share for commercial purposes with third parties, even within their corporate structure, data generated by the transactions of business users without their explicit consent.

2018/09/27
Committee: ITRE

Proposal for a regulation
Article 8 – paragraph 1

1. Where, in the provision of their services, providers of online intermediation services shall not restrict the ability of business users to offer the same goods and services to consumers under different conditions through other means than through those services, they shall include grounds for that restriction in their terms and conditions and make those grounds easily available to the public. Those grounds shall include the main economic, commercial or legal considerations for those restrictions.

2018/09/27
Committee: ITRE

Proposal for a regulation
Article 9 – paragraph 2 – point a

(a) duly consider complaints lodged and the follow-up which they may need to give to the complaint in order to adequately address the issue raised,; in a timely manner, which is proportionate to the importance, timing and complexity of that issue;

2018/09/27
Committee: ITRE

Proposal for a regulation
Article 9 – paragraph 2 – point c

(c) communicate to the complainant the outcome of the internal complaint- handling process~~, in an individualised manner and drafted in clear and unambiguous language~~.

2018/09/27
Committee: ITRE

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2

~~That information shall include 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.~~deleted

2018/09/27
Committee: ITRE

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1

Providers of online intermediation services shall identify in their terms and conditions ~~one or more medi~~a list of mediators, out of a list of specialized mediators compiled by the Platforsm Observatory, with which they are willing to engage on a voluntary basis, 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.

2018/09/27
Committee: ITRE

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2

Providers of online intermediation services may ~~only~~not 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.

2018/09/27
Committee: ITRE

Proposal for a regulation
Article 10 – paragraph 3

3. Providers of online intermediation and business users services 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.

2018/09/27
Committee: ITRE

Proposal for a regulation
Article 10 – paragraph 4

4. Providers of online intermediation services 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 shall ~~in any case~~ bear at least half of the total cost, in case the business user constitutes a small enterprise, in line with the relevant provisions of Commission Recommendation 2003/361/EC and provided that the business user has not acted previously in bad faith, or repeatedly brought forward cases not leading to agreement of the dispute, according to the mediator.

2018/09/27
Committee: ITRE

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 a (new)

they are registered at the Transparency Register;

2018/09/27
Committee: ITRE

Proposal for a regulation
Article 12 – paragraph 2 a (new)

2 a. they are transparent about their source of funding;

2018/09/27
Committee: ITRE

Proposal for a regulation
Article 13 a (new)

Article 13 a Platform Observatory 1. The group of experts for the Observatory on the Online Platform Economy (“the group”) shall be established. 2. The group shall be composed of 15 members, appointed for a term of two years. Members shall be individuals appointed in a personal capacity. They shall have a proven competence and experience in respect of the online platform economy in general or of specific digital technologies, business models or other issues related thereto. Powers shall be delegated to the Commission for the application and nomination process. 3. Members shall act independently and in the public interest. 4. Members who are no longer capable of contributing effectively to the group’s deliberations, who, in the opinion of the Commission’s Directorate General for Communication Networks, Content and Technology and the Directorate General for Internal Market, Industry, Entrepreneurship and SMEs (“responsible Directorates-General of the Commission”), do not comply with the conditions set out in Article 339 of the Treaty on the Functioning of the European Union or who resign, shall no longer be invited to participate in any meetings of the group and may be replaced for the remainder of their term. 5. The Group shall have the following tasks: (a) to provide the Commission with advice and expertise on the evolution of the online platform economy, in particular as regards potentially harmful practices in commercial transactions between, on the one hand, providers of online intermediation services and of online search engines and, on the other hand, undertakings established in the Union that use or intend to use those online services to offer their goods or services to consumers located in the Union; (b) to compile a list of specialised mediators, that will be the pool of out of which the providers will have to choose in accordance with Article 10. (c)to establish and communicate the set of criteria used for the compilation of the list of specialized mediators (d) to perform expert analysis on issues of particular importance that may arise in relation to the online platform economy and the potentially harmful practices referred to in point (a), including: (i) issues related to algorithmic decision- making and ranking in connection with the provision of online intermediation services and online search engines, including the question of transparency; (ii) access to, and use of, different categories of personal data and other data, in compliance with data protection rules, provided or generated in the context of the provision and use of online intermediation services and online search engines; (iii) issues related to remuneration for material displayed online, in particular in relation to search results; (iv) transparency and accountability in business-to-business commercial relations in online advertising; (v) differentiated treatment which providers of online intermediation services might give to goods and services offered by themselves or by the undertakings which they control; (vi) restrictions to offer different conditions when using other distribution channels which providers of online intermediation services might impose on business users; (vii) possible impacts of these potentially harmful practices on consumers; (e) to assist the Commission in the preparation of its annual work programme, as regards the issues referred to in point (b); (f) to analyse the evolution of regulation, self-regulation or other policy measures related to the online platform economy in the Member States or, where relevant, for the online platform economy in the Union, in third countries; (g) upon the request of the Commission, and under its supervision, to liaise on specific issues related to the online platform economy with other relevant expert bodies or centres of excellence at Union, national or international level, to the extent necessary to perform the other tasks set out in this Article. 6. The Group shall meet at least twice a year, or at the request of the Commission, may meet more often. The Commission shall chair the Group and provide the secretariat to it.

2018/09/27
Committee: ITRE

Proposal for a regulation
Article 14 – paragraph 1

1. By [date: t~~hree~~wo years after the date of entry into force], and subsequently every three years, the Commission shall evaluate this Regulation and report to the European Parliament, the Council and the European Economic and Social Committee.

2018/09/27
Committee: ITRE