Activities of Martin SCHIRDEWAN related to 2020/0361(COD)
Plenary speeches (1)
Digital Services Act (continuation of debate)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC
Amendments (125)
Amendment 192 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) Online advertisement plays an important role in the online environment, including in relation to the provision of the information society services. However, certain forms of online advertisement can contribute to significant risks, ranging from advertisement that is itself illegal content, to contributing to creating financial incentives for the publication or amplification of illegal or otherwise harmful content and activities online, to misleading or exploitative marketing or the discriminatory display of advertising with an impact on the equal treatment and the rights of consumers. Consumers are largely unaware of the volume and granularity of the data that is being collected and used to deliver personalised and micro-targeted advertisements, and have little agency and limited ways to stop or control data exploitation. The significant reach of a few online platforms, their access to extensive datasets and participation at multiple levels of the advertising value chain has created challenges for businesses, traditional media services and other market participants seeking to advertise or develop competing advertising services. In addition to the information requirements resulting from Article 6 of Directive 2000/31/EC, stricter rules on targeted advertising and micro-targeting are needed, in favour of less intrusive forms of advertising that do not require extensive tracking of the interaction and behaviour of recipients of the service. Therefore, providers of information society services may only deliver and display online advertising to a recipient or a group of recipients of the service when this is done based on contextual information, such as keywords or metadata. Providers should not deliver and display online advertising to a recipient or a clearly identifiable group of recipients of the service that is based on personal or inferred data relating to the recipients or groups of recipients. Where providers deliver and display advertisement, they should be required to ensure that the recipients of the service have certain individualised information necessary for them to understand why and on whose behalf the advertisement is displayed, including sponsored content and paid promotion.
Amendment 209 #
Proposal for a regulation
Recital 8
Recital 8
(8) Such a substantial connection to the Union should be considered to exist where the service provider has an establishment in the Union or, in its absence, on the basis of the existence of a significant number of users in one or more Member States, or the targeting of activities towards one or more Member States. The targeting of activities towards one or more Member States can be determined on the basis of all relevant circumstances, including factors such as the use of a language or a currency generally used in that Member State, or the possibility of ordering products or services, or using a national top level domain. The targeting of activities towards a Member State could also be derived from the availability of an application in the relevant national application store, from the provision of local advertising or advertising in the language used in that Member State, or from the handling of customer relations such as by providing customer service in the language generally used in that Member State. A substantial connection should also be assumed where a service provider directs its activities to one or more Member State as set out in Article 17(1)(c) of Regulation (EU) 1215/2012 of the European Parliament and of the Council27 . On the other hand, mere technical accessibility of a website from the Union cannot, on that ground alone, be considered as establishing a substantial connection to the Union. __________________ 27 Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L351, 20.12.2012, p.1).
Amendment 220 #
Proposal for a regulation
Recital 10
Recital 10
(10) For reasons of clarity, it should also be specified that this Regulation is without prejudice to Regulation (EU) 2019/1148 of the European Parliament and of the Council30 and Regulation (EU) 2019/1150 of the European Parliament and of the Council,31 , Directive 2002/58/EC of the European Parliament and of the Council32 and Regulation […/…] on temporary derogation from certain provisions of Directive 2002/58/EC33 as well as Union law on consumer protection, in particular Directive 2005/29/EC of the European Parliament and of the Council34 , Directive 2011/83/EU of the European Parliament and of the Council35 and Directive 93/13/EEC of the European Parliament and of the Council36 , as amended by Directive (EU) 2019/2161 of the European Parliament and of the Council37 , and on the protection of personal data, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council.38 The protection of individuals with regard to the processing of personal data is solely governed by the rules of Union law on that subject, in particular Regulation (EU) 2016/679 and Directive 2002/58/EC. This Regulation is also without prejudice to the rules of Union or national law on working conditions, collective agreements and social security systems. __________________ 30Regulation (EU) 2019/1148 of the European Parliament and of the Council on the marketing and use of explosives precursors, amending Regulation (EC) No 1907/2006 and repealing Regulation (EU) No 98/2013 (OJ L 186, 11.7.2019, p. 1). 31 Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (OJ L 186, 11.7.2019, p. 57). 32Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications), OJ L 201, 31.7.2002, p. 37. 33Regulation […/…] on temporary derogation from certain provisions of Directive 2002/58/EC. 34Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) 35Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council. 36Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts. 37Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council as regards the better enforcement and modernisation of Union consumer protection rules 38Regulation (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) (OJ L 119, 4.5.2016, p. 1).
Amendment 228 #
Proposal for a regulation
Recital 12
Recital 12
(12) In order to achieve the objective of ensuring a safe, predictable and trusted online environment, for the purpose of this Regulation the concept of “illegal content” should be defined broadly and also covers information relating to illegal content, products, services and activities. In particular, that concept should be understood to refer to information, irrespective of its form, that under the applicable law is either itself illegal, such as illegal hate speech or terrorist content and unlawful discriminatory content, or that relates to activities that are illegal, such as the sharing of images depicting child sexual abuse, unlawful non- consensual sharing of private images, online stalking, the sale of non-compliant or counterfeit products, the provision of illegal services such as accommodation services on short-term rental platforms non-compliant with Union or national law, the non-authorised use of copyright protected material or activities involving infringements of consumer protection law. In this regard, it is immaterial whether the illegality of the information or activity results from Union law or from national law that is consistent with Union law and what the precise nature or subject matter is of the law in question.
Amendment 260 #
Proposal for a regulation
Recital 18
Recital 18
(18) The exemptions from liability established in this Regulation should not apply where, instead of confining itself to providing the services neutrally, by a merely technical and automatic processing of the information provided by the recipient of the service, the provider of intermediary services plays an active role of such a kind as to give itthe provider of intermediary services has knowledge of, or control over, that information. Those exemptions should accordingly not be available in respect of liability relating to information provided not by the recipient of the service but by the provider of intermediary service itself, including where the information has been developed under the editorial responsibility of that provider.
Amendment 287 #
Proposal for a regulation
Recital 23
Recital 23
(23) In order to ensure the effective protection of consumers when engaging in intermediated commercial transactions online, certain providers of hosting services, namely, online platforms that allow consumers to conclude distance contracts with traders, should not be able to benefit from the exemption from liability for hosting service providers established in this Regulation, unless they comply with certain due diligence obligation of this regulation and in so far as those online platforms present the relevant information relating to the transactions at issue in such a way that it leads consumers to believe that the information was provided by those online platforms themselves or by recipients of the service acting under their authority or control, and that those online platforms thus have knowledge of or control over the information, even if that may in reality not be the case. In that regard, is should be determined objectively, on the basis of all relevant circumstances, whether the presentation could lead to such a belief on the side of an average and reasonably well-informed consumer.
Amendment 297 #
Proposal for a regulation
Recital 25
Recital 25
Amendment 395 #
Proposal for a regulation
Recital 42
Recital 42
(42) Where a hosting service provider decides to remove or disable information provided by a recipient of the service, for instance following receipt of a notice or acting on its own initiative, including through the use of automated means, that provider should inform the recipient of its decision, the reasons for its decision and the available redress possibilities to contest the decision, in view of the negative consequences that such decisions may have for the recipient, including as regards the exercise of its fundamental right to freedom of expression. That obligation should apply irrespective of the reasons for the decision, in particular whether the action has been taken because the information notified is considered to be illegal content or incompatible with the applicable terms and conditions. Available recourses to challenge the decision of the hosting service provider should always include judicial redress.
Amendment 402 #
Proposal for a regulation
Recital 43
Recital 43
(43) To avoid disproportionate burdens, the additional obligations imposed on online platforms under this Regulation should not apply to micro or small enterprises as defined in Recommendation 2003/361/EC of the Commission,41 unless their reach and impact is such that they meet the criteria to qualify as very large online platforms under this Regulation. The consolidation rules laid down in that Recommendation help ensure that any circumvention of those additional obligations is prevented. The exemption of micro- and small enterprises from those additional obligations should not be understood as affecting their ability to set up, on a voluntary basis, a system that complies with one or more of those obligations. __________________ 41 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p. 36).
Amendment 430 #
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Amendment 510 #
Proposal for a regulation
Recital 66
Recital 66
Amendment 514 #
Proposal for a regulation
Recital 67
Recital 67
Amendment 519 #
Proposal for a regulation
Recital 68
Recital 68
Amendment 524 #
Proposal for a regulation
Recital 69
Recital 69
Amendment 551 #
Proposal for a regulation
Recital 85
Recital 85
(85) Where a Digital Services Coordinator requests another Digital Services Coordinator to take action, the requesting Digital Services Coordinator, or the Board in case it issued a recommendation to assess issues involving more than three Member States, should be able to refer the matter to the Commission in case of any disagreement as to the assessments or the measures taken or proposed or a failure to adopt any measures. The Commission, on the basis of the information made available by the concerned authorities, should accordingly be able to request the competent Digital Services Coordinator to re-assess the matter and take the necessary measures to ensure compliance within a defined time period. This possibility is without prejudice to the Commission’s general duty to oversee the application of, and where necessary enforce, Union law under the control of the Court of Justice of the European Union in accordance with the Treaties. A failure by the Digital Services Coordinator of establishment to take any measures pursuant to such a request may also lead to the Commission’s or the Board´s intervention under Section 3 of Chapter IV of this Regulation, where the suspected infringer is a very large online platform
Amendment 554 #
Proposal for a regulation
Recital 87
Recital 87
(87) In view of the particular challenges that may emerge in relation to assessing and ensuring a very large online platform’s compliance, for instance relating to the scale or complexity of a suspected infringement or the need for particular expertise or capabilities at Union level, Digital Services Coordinators should have the possibility to request, on a voluntary basis, the Commission or the Board to intervene and exercise its investigatory and enforcement powers under this Regulation.
Amendment 564 #
Proposal for a regulation
Recital 90
Recital 90
(90) For that purpose, the Board should be able to adopt decisions, opinions, requests and recommendations addressed to Digital Services Coordinators or other competent national authorities. While not legally binding, the decision to deviate therefrom should be properly explained and could be taken into account by the Commission in assessing the compliance of the Member State concerned with this Regulation.
Amendment 570 #
Proposal for a regulation
Recital 92
Recital 92
(92) The Commission, through the Chair, should participate in the Board without voting rights. Through the Chair, the Commission should ensure that the agenda of the meetings is set in accordance with the requests of the members of the Board as laid down in the rules of procedure and in compliance with the duties of the Board laid down in this Regulation.
Amendment 574 #
Proposal for a regulation
Recital 96
Recital 96
(96) Where the infringement of the provision that solely applies to very large online platforms is not effectively addressed by that platform pursuant to the action plan, only the Commission of the Board may, on itstheir own initiative or upon advice of the Boardrequest, decide to further investigate the infringement concerned and the measures that the platform has subsequently taken, to the exclusion of the Digital Services Coordinator of establishment. After having conducted the necessary investigations, the Commission or respectively the Board should be able to issue decisions finding an infringement and imposing sanctions in respect of very large online platforms where that is justified. ItThey should also have such a possibility to intervene in cross-border situations where the Digital Services Coordinator of establishment did not take any measures despite the Commission’s or the Board´s request, or in situations where the Digital Services Coordinator of establishment itself requested for the Commission of the Board to intervene, in respect of an infringement of any other provision of this Regulation committed by a very large online platform.
Amendment 577 #
Proposal for a regulation
Recital 97
Recital 97
(97) The Commission should remain free to decide whether or not it wishes to intervene in any of the situations where it is empowered to do so under this Regulation. OnceOnce the Board or the Commission initiated the proceedings, the Digital Services Coordinators of establishment concerned should be precluded from exercising their investigatory and enforcement powers in respect of the relevant conduct of the very large online platform concerned, so as to avoid duplication, inconsistencies and risks from the viewpoint of the principle of ne bis in idem. However, in the interest of effectiveness, those Digital Services Coordinators should not be precluded from exercising their powers either to assist the Board or the Commission, at its request in the performance of its supervisory tasks, or in respect of other conduct, including conduct by the same very large online platform that is suspected to constitute a new infringement. Those Digital Services Coordinators, as well as the Board and other Digital Services Coordinators where relevant, should provide the Commission with all necessary information and assistance to allow it to perform its tasks effectively, whilst conversely the Commission should keep them informed on the exercise of its powers as appropriate. In that regard, the Commission should, where appropriate, take account of any relevant assessments carried out by the Board or by the Digital Services Coordinators concerned and of any relevant evidence and information gathered by them, without prejudice to the Board´s or Commission’s powers and responsibility to carry out additional investigations as necessary.
Amendment 581 #
Proposal for a regulation
Recital 98
Recital 98
(98) In view of both the particular challenges that may arise in seeking to ensure compliance by very large online platforms and the importance of doing so effectively, considering their size and impact and the harms that they may cause, the Board and the Commission should have strong investigative and enforcement powers to allow it to investigate, enforce and monitor certain of the rules laid down in this Regulation, in full respect of the principle of proportionality and the rights and interests of the affected parties.
Amendment 586 #
Proposal for a regulation
Recital 99
Recital 99
(99) In particular,The Board and the Commission should have access to any relevant documents, data and information necessary to open and conduct investigations and to monitor the compliance with the relevant obligations laid down in this Regulation, irrespective of who possesses the documents, data or information in question, and regardless of their form or format, their storage medium, or the precise place where they are stored. The Board and the Commission should be able to directly require that the very large online platform concerned or relevant third parties, or than individuals, provide any relevant evidence, data and information. In addition, the Board and Commission should be able to request any relevant information from any public authority, body or agency within the Member State, or from any natural person or legal person for the purpose of this Regulation. The Board and the Commission should be empowered to require access to, and explanations relating to, data-bases and algorithms of relevant persons, and to interview, with their consent, any persons who may be in possession of useful information and to record the statements made. The Board and the Commission should also be empowered to undertake such inspections as are necessary to enforce the relevant provisions of this Regulation. Those investigatory powers aim to complement the Board´s and the Commission’s possibility to ask Digital Services Coordinators and other Member States’ authorities for assistance, for instance by providing information or in the exercise of those powers
Amendment 588 #
Proposal for a regulation
Recital 101
Recital 101
(101) The very large online platforms concerned and other persons subject to the exercise of the Board´s or Commission’s powers whose interests may be affected by a decision should be given the opportunity of submitting their observations beforehand, and the decisions taken should be widely publicised. While ensuring the rights of defence of the parties concerned, in particular, the right of access to the file, it is essential that confidential information be protected. Furthermore, while respecting the confidentiality of the information, the Board and the Commission should ensure that any information relied on for the purpose of its decision is disclosed to an extent that allows the addressee of the decision to understand the facts and considerations that lead up to the decision.
Amendment 590 #
Proposal for a regulation
Recital 102
Recital 102
Amendment 596 #
Proposal for a regulation
Recital 106 a (new)
Recital 106 a (new)
(106a) A small number of companies developed a market dominance by acquiring an unprecedented level about people’s lives and replaced services of a diverse and decentralised system with open standards by “walled gardens” with locked-in users; therefore, this Regulation should introduce additional obligations regarding data protection, transparency, user choice and interoperability in order to guarantee a level playing field and consumer welfare.
Amendment 597 #
Proposal for a regulation
Recital 106 b (new)
Recital 106 b (new)
(106b) The “attention- seeking” profiling business model of digital markets, where algorithms priorities controversial content and thus contribute to its spread online, undermines consumer´s trust in the digital markets. Therefore, this Regulation should put an end to this practice and should give users more control on how rankings are presented.
Amendment 598 #
Proposal for a regulation
Recital 106 c (new)
Recital 106 c (new)
(106c) The proposal for an ‘empowered and strategic’ High Level Multi stakeholder Body for Digital Cooperation in the UN´s "Roadmap for Digital Cooperation" runs counter calls for stronger regulation of digital companies. While international cooperation is of highly importance, a genuinely democratic approach for global digital governance should be uphold. To that end, obligations for gatekeepers and enforcement measurers of this Regulation should contribute to the development of appropriate global norms and polices.
Amendment 601 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) a framework for the conditional exemption from liabilityliability framework of providers of intermediary services;
Amendment 607 #
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) set out uniform rules for a safe, accessible, predictable and trusted online environment, where fundamental rights enshrined in the Charter are effectively protected and enforced.
Amendment 615 #
Proposal for a regulation
Article 1 – paragraph 2 – point b – point 1 (new)
Article 1 – paragraph 2 – point b – point 1 (new)
1) Establish a foundation that allows the creation of a European platform economy and facilitates the build-up of digital resilience within the Union.
Amendment 616 #
Proposal for a regulation
Article 1 – paragraph 2 – point b – point 2 (new)
Article 1 – paragraph 2 – point b – point 2 (new)
2) protect consumers making use of the services falling under this Regulation.
Amendment 620 #
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Regulation shall apply to intermediary services provided to recipients of the service that have their place of establishment or residence in the Union, irrespective of the place of establishment of the providers of those services.
Amendment 654 #
Proposal for a regulation
Article 2 – paragraph 1 – point d – introductory part
Article 2 – paragraph 1 – point d – introductory part
(d) ‘to offer services in the Union’ means enabling legal or natural persons in one or more Member States to use the services of the provider of information society services which has a substantial connection to the Union; such a substantial connection is deemed to exist where the provider has an establishment in the Union; in the absence of such an establishment, the assessment of a substantial connection is based on specific factual criteria, such as:given where activities are targeted towards one or more Member states.
Amendment 657 #
Proposal for a regulation
Article 2 – paragraph 1 – point d – indent 1
Article 2 – paragraph 1 – point d – indent 1
Amendment 662 #
Proposal for a regulation
Article 2 – paragraph 1 – point d – indent 2
Article 2 – paragraph 1 – point d – indent 2
Amendment 733 #
Proposal for a regulation
Article 2 – paragraph 1 – point q a (new)
Article 2 – paragraph 1 – point q a (new)
(qa) overriding reasons of public interest’ means reasons recognised as such in the case law of the Court of Justice, including the following grounds: public policy; public security; public safety; public health; preserving the financial equilibrium of the social security system; the protection of consumers, recipients of services and workers; the protection of youth; fairness of trade transactions; combating fraud; the protection of the environment and the urban environment; the health of animals; intellectual property; the conservation of the national historic and artistic heritage; social policy objectives and cultural policy objectives; housing.
Amendment 741 #
Proposal for a regulation
Article 2 – paragraph 1 – point q b (new)
Article 2 – paragraph 1 – point q b (new)
(qb) ‘competent authority’ means any Member States’ legal and natural person that is designated by the Member States in accordance with their national law to carry out tasks which include tackling illegal content online, including law enforcement authorities and administrative authorities charged with enforcing law, irrespective of the nature or specific subject matter of that law, applicable in certain particular fields.
Amendment 744 #
Proposal for a regulation
Article 2 – paragraph 1 – point q c (new)
Article 2 – paragraph 1 – point q c (new)
(qc) ‘online market places’ means a service using software, including a website, part of a website or an application, operated by or on behalf of a trader, which allows consumer to conclude distance contracts with other traders or consumers, in accordance with Directive 2005/29/EC.
Amendment 746 #
Proposal for a regulation
Article 2 a (new)
Article 2 a (new)
Amendment 764 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Paragraph 1 shall not apply: (a) where the recipient of the service is acting under the authority or the control of the provider. ; (b) to market places which are considered to be very large platforms according to Article 25 and which do not comply with the Articles 11, 13, 14(1), 19(1), 22, 24 and 29 with regards to the due diligence obligations (c) to very large platforms according to Article 25 if they do not comply with the obligations under Article 9 of this Regulation
Amendment 782 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Amendment 794 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
No general obligation to monitor the information which providers of intermediary services transmit or store, nor actively to seek facts or circumstances indicating illegal activity shall be imposed on those providers. No provision of this Regulation shall be understood as mandating, requiring or recommending the use of automated decision-making, or the monitoring of the behaviour of a large number of natural persons.
Amendment 924 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Providers of intermediary services shall include information on any restrictions that they impose in relation to the use of their service in respect of information provided by the recipients of the service, in their terms and conditions. That information shall include information on any policies, procedures, measures and tools used for the purpose of content moderation, including algorithmic decision-making and human review. It shall be set out in clear and unambiguous language and shall be publicly available in an easily accessible format. A summary of the terms and conditions, setting out the most important points in concise, clear and unambiguous language shall also be publicly available. The provider of the intermediary services shall ensure the possibility for a recipient of a service to unsubscribe from intermediary services, whereas the subscription is easily facilitated. In practice, both processes shall be equally demanding for any recipient of a service.
Amendment 944 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Providers of intermediary services shall act in a fair, transparent, non- discriminatory, diligent, objective and proportionate manner in applying and enforcing the restrictions referred to in paragraph 1, with due regard to the rights and legitimate interests of all parties involved, including the applicable fundamental rights of the recipients of the service as enshrined in the Charter.
Amendment 1008 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Paragraph 1 shall not apply to providers of intermediary services that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC.
Amendment 1047 #
Proposal for a regulation
Article 14 – paragraph 2 – point b
Article 14 – paragraph 2 – point b
(b) a clear indication of the electronic location of that information, in particular the exact URL or URLs, where possible, and, where necessary, additional information enabling the identification of the illegal content;
Amendment 1055 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 1071 #
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. Providers of hosting services shall process any notices that they receive under the mechanisms referred to in paragraph 1, and take their decisions in respect of the information to which the notices relate, in a timely, diligent and objective manner, in any case no longer than 72 hours. Where they use automated means for that processing or decision-making, they shall include information on such use in the notification referred to in paragraph 4. This shall include meaningful information about the procedure followed, the technology used and the criteria and reasoning supporting the decision, as well as the logic involved in the automated decision-making.
Amendment 1136 #
Proposal for a regulation
Article 16 – title
Article 16 – title
Exclusion for micro and small enterprises
Amendment 1142 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
This Section shall not apply to online platforms that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC.
Amendment 1150 #
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Online platforms shall provide recipients of the service, for a period of at least six monthsone year following the decision referred to in this paragraph, the access to an effective internal complaint-handling system, which enables the complaints to be lodged electronically and free of charge, against the following decisions taken by the online platform on the ground that the information provided by the recipients is illegal content or incompatible with its terms and conditions:
Amendment 1226 #
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point c
Article 18 – paragraph 2 – subparagraph 1 – point c
(c) the dispute settlement is easily accessible, including for people with disabilities, through electronic communication technology;
Amendment 1235 #
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point d
Article 18 – paragraph 2 – subparagraph 1 – point d
(d) it is capable of settling dispute in a swift, efficient, including for people with disabilities, and cost-effective manner and in at least one official language of the Union;
Amendment 1249 #
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 2
Article 18 – paragraph 3 – subparagraph 2
The fees charged by the body for the dispute settlement shall be reasonable and shall in any event not exceed the costs thereof. Out-of-court dispute settlement procedures should preferably be free of charge for the consumer. In the event that costs are applied, the procedure should be accessible, attractive and inexpensive for consumers. To that end, costs shall not exceed a nominal fee.
Amendment 1277 #
Proposal for a regulation
Article 19 – paragraph 2 – point b
Article 19 – paragraph 2 – point b
(b) it represents collectivepublic interests and is independent from any online platform or state law enforcement;
Amendment 1329 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Online platforms shall suspend, for a reasonable period of time and after having issued a prior warning, the processing of notices and complaints submitted through the notice and action mechanisms and internal complaints- handling systems referred to in Articles 14 and 17, respectively, by individuals or entities or by complainants that frequently submit notices or complaints that are manifestly unfounded. This paragraph does not apply to trusted flaggers according to Article 19.
Amendment 1485 #
Proposal for a regulation
Article 24 – paragraph 1 – introductory part
Article 24 – paragraph 1 – introductory part
Online platforms that display advertising on their online interfaces, per default it shall not be based on profiling unless users genuinely opt-in, in line with the requirements established under Regulation (EU) 2016/679. Online platforms shall not subvert or impair consumers’ autonomy, decision-making, or choice via the structure, function or manner of operation of their online interface or any part thereof. In addition online platforms shall ensure that the recipients of the service can identify, for each specific advertisement displayed to each individual recipient, in a clear and unambiguous manner and in real time:
Amendment 1500 #
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 1 a (new)
Article 24 – paragraph 1 – subparagraph 1 a (new)
By way of derogation from Regulation 2016/679, providers shall not avail themselves of consent as a legal ground for processing of personal data in order to target natural persons for purposes of digital advertising.
Amendment 1646 #
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. The Commission, in cooperation with the Digital Services Coordinators,Board and the Commission may issue general guidelines on the application of paragraph 1 in relation to specific risks, in particular to present best practices and recommend possible measures, having due regard to the possible consequences of the measures on fundamental rights enshrined in the Charter of all parties involved. When preparing those guidelines the Commission shall organise public consultations.
Amendment 1690 #
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. Very large online platforms that use recommender systems shall set out in their terms and conditions, in a clear, accessible and easily comprehensible manner, the main parameters used in their recommender systems, as well as any options for the recipients of the service to modify or influence those main parameters that they may have made available, including at least one option which is not based on profiling, within the. Online platforms shall ensure consumers are not profiled by default, unless consumers genuinely opt-in, in line with the requirements established under Regulation (EU) 2016/679. Online platforms shall not subvert or impair consumers’ autonomy, decision-making, or choice via the structure, function or meaningner of Article 4 (4) of Regulation (EU) 2016/679. operation of their online interface or any part thereof.
Amendment 1752 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Very large online platforms shall provide the Digital Services Coordinator of establishment or the Commission, upon their reasoned request and within a reasonable period, any case no longer than 72 hours, specified in the request, access to data that are necessary to monitor and assess compliance with this Regulation. That Digital Services Coordinator and the Commission shall only use that data for those purposes.
Amendment 1774 #
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
5. The Commission shall, after consulting the Board, adopt delegated acts laying down the technical conditions under which very large online platforms are to share data pursuant to paragraphs 1 and 2 and the purposes for which the data may be used. Those delegated acts shall lay down the specific conditions under which such sharing of data with vetted researchers can take place in compliance with Regulation (EU) 2016/679, taking into account the rights and interests of the very large online platforms and the recipients of the service concerned, including the protection of confidential information, in particular trade secrets, and maintaining the security of their service.
Amendment 1778 #
Proposal for a regulation
Article 31 – paragraph 6 – introductory part
Article 31 – paragraph 6 – introductory part
6. Within 153 days following receipt of a request as referred to in paragraph 1 and 2, a very large online platform may request the Digital Services Coordinator of establishment or the Commission, as applicable, to amend the request, where it considers that it is unable to give access to the data requested because one of following two reasons:
Amendment 1781 #
Proposal for a regulation
Article 31 – paragraph 6 – point b
Article 31 – paragraph 6 – point b
Amendment 1784 #
Proposal for a regulation
Article 31 – paragraph 7
Article 31 – paragraph 7
Amendment 1793 #
Proposal for a regulation
Article 32 – paragraph 3 – point a
Article 32 – paragraph 3 – point a
(a) cooperating with the Digital Services Coordinator of establishment and, the Commission and the Board for the purpose of this Regulation;
Amendment 1803 #
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
Amendment 1810 #
Proposal for a regulation
Article 33 a (new)
Article 33 a (new)
Article 33a Interoperability of very large platforms 1. Very large platforms shall offer, through technical interfaces, options for other platforms to interoperate with their core services. 2. Measures under paragraph one shall complement, without prejudice to their application, the rules under the Regulation (EU) 2016/679 of the European Parliament and of the Council. 3. Interfaces for ensuring interoperability should be easy to use and personal data shall be processed in a manner that ensures appropriate security of the personal data. The obligation under paragraph one shall not be construed as preventing platforms from taking reasonable efforts to address security issues.
Amendment 1824 #
Proposal for a regulation
Article 34 – paragraph 1 – point f a (new)
Article 34 – paragraph 1 – point f a (new)
(fa) accessibility of elements and functions of online platforms and digital services for persons with disabilities
Amendment 1844 #
Proposal for a regulation
Article 35
Article 35
Amendment 1878 #
Proposal for a regulation
Article 36
Article 36
Amendment 1896 #
Proposal for a regulation
Article 37
Article 37
Amendment 1908 #
Proposal for a regulation
Article 38 – paragraph 2 – subparagraph 1
Article 38 – paragraph 2 – subparagraph 1
2. Member States shall designate one of the competent authorities as their Digital Services Coordinator. The Digital Services Coordinator shall be responsible for all matters relating to application and enforcement of this Regulation in that Member State, unless the Member State concerned has assigned certain specific tasks or sectors to other competent authorities. The Digital Services Coordinator shall in any event be responsible for ensuring coordination at national level in respect of those matters and for contributing to the effective and consistent application and enforcement of this Regulation throughout the Union.
Amendment 1924 #
Proposal for a regulation
Article 39 – paragraph 3
Article 39 – paragraph 3
3. Paragraph 2 is without prejudice to the tasks of Digital Services Coordinators within the system of supervision and enforcement provided for in this Regulation and the cooperation with other competent authorities in accordance with Article 38(2). Paragraph 2 shall not prevent supervision of the authorities concerned in accordance with national constitutional law. To this end, Digital Services Coordinators shall protocol their carried- out tasks and exercised power in form of a report, which is to be published in the information sharing system pursuant to Article 67 of this Regulation and present it to the European Parliament.
Amendment 1940 #
Proposal for a regulation
Article 40 – paragraph 4
Article 40 – paragraph 4
4. Paragraphs 1, 2 and 3 are without prejudice to the second subparagraph of Article 50(4) and the second subparagraph of Article 51(2) and the tasks and powers of the Board and the Commission under Section 3.
Amendment 1943 #
Proposal for a regulation
Article 41 – paragraph 2 – subparagraph 1 – point a
Article 41 – paragraph 2 – subparagraph 1 – point a
Amendment 1985 #
Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 2
Article 45 – paragraph 1 – subparagraph 2
Where the Board has reasons to suspect that a provider of intermediary services infringed this Regulation in a manner involving at least three Member States, it may recommendshall request the Digital Services Coordinator of establishment to assess the matter and take the necessary investigatory and enforcement measures to ensure compliance with this Regulation.
Amendment 1990 #
Proposal for a regulation
Article 45 – paragraph 2 – introductory part
Article 45 – paragraph 2 – introductory part
2. A request or recommendation pursuant to paragraph 1 shall at least indicate:
Amendment 1995 #
Proposal for a regulation
Article 45 – paragraph 3
Article 45 – paragraph 3
3. The Digital Services Coordinator of establishment shall take into utmost account the request or recommendation pursuant to paragraph 1. Where it considers that it has insufficient information to act upon the request or recommendation and has reasons to consider that the Digital Services Coordinator that sent the request, or the Board, could provide additional informationIf the request does not include the elements mentioned under 2 (a) and (b), it may request such information once. The time period laid down in paragraph 4 shall be suspended until that additional information is provided.
Amendment 2000 #
Proposal for a regulation
Article 45 – paragraph 4
Article 45 – paragraph 4
4. The Digital Services Coordinator of establishment shall, without undue delay and in any event not later than twoone months following receipt of the request or recommendation, communicate to the Digital Services Coordinator that sent the request, or the Board, its assessment of the suspected infringement, or that of any other competent authority pursuant to national law where relevant, and an explanation of any investigatory or enforcement measures taken or envisaged in relation thereto to ensure compliance with this Regulation.
Amendment 2004 #
Proposal for a regulation
Article 45 – paragraph 5
Article 45 – paragraph 5
5. Where the Digital Services Coordinator that sent the request, or, where appropriate, the Board, did not receive a reply within the time period laid down in paragraph 4 or where it does not agree with the assessment of the Digital Services Coordinator of establishment, it may refer the matter to the Commission, providing all relevant information. That information shall include at least the request or recommendation sent to the Digital Services Coordinator of establishment, any additional information provided pursuant to paragraph 3 and the communication referred to in paragraph 4.
Amendment 2008 #
Proposal for a regulation
Article 45 – paragraph 6
Article 45 – paragraph 6
6. The Board or the Commission shall assess the matter within threewo months following the referral of the matter pursuant to paragraph 5, after having consulted the Digital Services Coordinator of establishment and, unless it referred the matter itself, the Board.
Amendment 2013 #
Proposal for a regulation
Article 45 – paragraph 7
Article 45 – paragraph 7
7. Where, pursuant to paragraph 6, the Commission or the Board concludes that the assessment or the investigatory or enforcement measures taken or envisaged pursuant to paragraph 4 are incompatible with this Regulation, it shall request the Digital Service Coordinator of establishment to further assess the matter and take the necessary investigatory or enforcement measures to ensure compliance with this Regulation, and to inform it about those measures taken within twoone months from that request.
Amendment 2015 #
Proposal for a regulation
Article 46 – title
Article 46 – title
Joint investigations and requests for Commission or Board intervention
Amendment 2023 #
Proposal for a regulation
Article 46 – paragraph 2
Article 46 – paragraph 2
2. Where a Digital Services Coordinator of establishment hasor the Digital Services Coordinators of at least three Member States have reasons to suspect that a very large online platform infringed this Regulation, it may either request the Commission or the Board to take the necessary investigatory and enforcement measures or launch a joint investigation to ensure compliance with this Regulation in accordance with Section 3. Such a request shall contain all information listed in Article 45(2) and set out the reasons for requesting the Commission or the Board to intervene.
Amendment 2028 #
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
1. AIn independent advisory group of Digital Services Coordinators on the supervision of providers of intermediary services named ‘European Board for Digital Services’ (torder to ensure the consistent application of this Regulation, the ‘European Board for Digital Services’ (the ‘Board’) is established as a body of the Union. The Board shall have legal personality. The board shall act independently when performing its task or exercising its powers. The ‘Bboard’) is established shall be represented by its Chair.
Amendment 2034 #
Proposal for a regulation
Article 47 – paragraph 2 – introductory part
Article 47 – paragraph 2 – introductory part
2. The Board shall advise the Digital Services Coordinators and the Commistake decisions in accordance with this Regulation to achieve the following objectives:
Amendment 2037 #
Proposal for a regulation
Article 47 – paragraph 2 – point a
Article 47 – paragraph 2 – point a
(a) Contributing toEnsuring the consistent application across the Union of this Regulation and effective cooperation of the Digital Services Coordinators and the Commission with regard to matters covered by this Regulation;
Amendment 2041 #
Proposal for a regulation
Article 47 – paragraph 2 – point b
Article 47 – paragraph 2 – point b
(b) coordinating and contributing toproviding guidance and analysis of the Commission and Digital Services Coordinators and other competent authorities on emerging issues across the internal market with regard to matters covered by this Regulation;
Amendment 2059 #
Proposal for a regulation
Article 48 – paragraph 3
Article 48 – paragraph 3
3. The Board shall be chaired by the Commission. The Commissiona president elected within its members. The chair of the board shall not be allowed to lead any national regulatory office in their respective Member states at the same time. The chair mandate should be limited to a maximum of 3 years, renewable once. The chair of the Board shall convene the meetings and prepare the agenda in accordance the tasks of the Board pursuant to this Regulation and with its rules of procedure.
Amendment 2065 #
Proposal for a regulation
Article 48 – paragraph 5
Article 48 – paragraph 5
5. The Board may invite experts and observers to attend its meetings, and mayshall cooperate with other Union bodies, offices, agencies and advisory groups, as well as external experts as appropriate. The Board shall make the results of this cooperation publicly available.
Amendment 2069 #
Proposal for a regulation
Article 48 – paragraph 6
Article 48 – paragraph 6
6. The Board shall adopt its rules of procedure, following the consent of the Commissionby a two-thirds majority of its members and shall organise its own operational arrangements.
Amendment 2087 #
Proposal for a regulation
Article 49 – paragraph 1 – point d
Article 49 – paragraph 1 – point d
(d) advise the Commissiondecide to take the measures referred to in Article 51 and, where requested by the Commission, adopt opinions on draft Commission measures concerning very large online platforms in accordance with this Regulation;
Amendment 2096 #
Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 1
Article 50 – paragraph 1 – subparagraph 1
Where the Digital Services Coordinator of establishment adopts a decision finding that a very large online platform has infringed any of the provisions of Section 4 of Chapter III, it shall make use of the enhanced supervision system laid down in this Article. It shall take utmost account of any opinion and recommendation of the Commission and the Board pursuant toThe Board, this acting on its own initiative or upon request of at least three Digital Services Coordinators of destination, shall, where it has reasons to suspect that a very large online platform infringed any of those provisions, make use of the enhanced supervision system laid down in this Aarticle.
Amendment 2104 #
Proposal for a regulation
Article 50 – paragraph 3 – subparagraph 1
Article 50 – paragraph 3 – subparagraph 1
Within one month following receipt of the action plan, the Board shall communicate its opinion on the action plan to the Digital Services Coordinator of establishment. Within one month following receipt of that opinion, that Digital Services Coordinator shall decide whether the action plan is appropriate to terminate or remedy the infringement.
Amendment 2110 #
Proposal for a regulation
Article 50 – paragraph 4 – subparagraph 1 – introductory part
Article 50 – paragraph 4 – subparagraph 1 – introductory part
4. The Digital Services Coordinator of establishmentBoard shall communicate to the Commission, the Board and the very large online platform concerned its views as to whether the very large online platform has terminated or remedied the infringement and the reasons thereof. It shall do so within the following time periods, as applicable:
Amendment 2111 #
Proposal for a regulation
Article 50 – paragraph 4 – subparagraph 1 – point b
Article 50 – paragraph 4 – subparagraph 1 – point b
(b) within threone months from the decision on the action plan referred to in the first subparagraph of paragraph 3, where no such audit was performed;
Amendment 2113 #
Proposal for a regulation
Article 50 – paragraph 4 – subparagraph 2
Article 50 – paragraph 4 – subparagraph 2
Pursuant to that communication, the Digital Services Coordinator of establishment shall no longer be entitled to take any investigatory or enforcement measures in respect of the relevant conduct by the very large online platform concerned, without prejudice to Article 66 or any other measures that it may take at the request of the Commission or the Board.
Amendment 2114 #
Proposal for a regulation
Article 51 – title
Article 51 – title
Intervention by the Commission and the Board and opening of proceedings
Amendment 2118 #
Proposal for a regulation
Article 51 – paragraph 1 – introductory part
Article 51 – paragraph 1 – introductory part
1. The Commission or the Board, acting either upon the Board’s recommendation or on its own initiative after consulting the Boardf at least three Digital Services Coordinators of destination or on their own initiative, may initiate proceedings in view of the possible adoption of decisions pursuant to Articles 58 and 59 in respect of the relevant conduct by the very large online platform that:
Amendment 2123 #
Proposal for a regulation
Article 51 – paragraph 1 – point b
Article 51 – paragraph 1 – point b
(b) is suspected of having infringed any of the provisions of this Regulation and the Digital Services Coordinator of establishment requested the Board or the Commission to intervene in accordance with Article 46(2), upon the reception of that request;
Amendment 2128 #
Proposal for a regulation
Article 51 – paragraph 2 – subparagraph 1
Article 51 – paragraph 2 – subparagraph 1
Where the Board or the Commission decides to initiate proceedings pursuant to paragraph 1, it shall notify all Digital Services Coordinators, the Board and the very large online platform concerned.
Amendment 2142 #
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
1. In order to carry out the tasks assigned to it under this Section, the Commission and the Board may by simple request or by decision require the very large online platforms concerned, as well as any other persons acting for purposes related to their trade, business, craft or profession that may be reasonably be aware of information relating to the suspected infringement or the infringement, as applicable, including organisations performing the audits referred to in Articles 28 and 50(3), to provide such information within a reasonable time period.
Amendment 2148 #
Proposal for a regulation
Article 52 – paragraph 3
Article 52 – paragraph 3
3. Where the Commission or the Board requires the very large online platform concerned or other person referred to in Article 52(1) to supply information by decision, it shall state the legal basis and the purpose of the request, specify what information is required and set the time period within which it is to be provided. It shall also indicate the penalties provided for in Article 59 and indicate or impose the periodic penalty payments provided for in Article 60. It shall further indicate the right to have the decision reviewed by the Court of Justice of the European Union.
Amendment 2151 #
Proposal for a regulation
Article 52 – paragraph 5
Article 52 – paragraph 5
5. At the request of the Commission or the Board, the Digital Services Coordinators and other competent authorities shall provide the Commission or the Board with all necessary information to carry out the tasks assigned to it under this Section.
Amendment 2153 #
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
In order to carry out the tasks assigned to it under this Section, the Commission and the Board may interview any natural or legal person which consents to being interviewed for the purpose of collecting information, relating to the subject-matter of an investigation, in relation to the suspected infringement or infringement, as applicable.
Amendment 2156 #
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. In order to carry out the tasks assigned to it under this Section, the Commission or the Board may conduct on-site inspections at the premises of the very large online platform concerned or other person referred to in Article 52(1).
Amendment 2158 #
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
2. On-site inspections may also be carried out with the assistance of auditors or experts appointed by the Commission or the Board pursuant to Article 57(2).
Amendment 2160 #
Proposal for a regulation
Article 54 – paragraph 3
Article 54 – paragraph 3
3. During on-site inspections the Commission or the Board and auditors or experts appointed by it may require the very large online platform concerned or other person referred to in Article 52(1) to provide explanations on its organisation, functioning, IT system, algorithms, data- handling and business conducts. The Commission and auditors or experts appointed by it may address questions to key personnel of the very large online platform concerned or other person referred to in Article 52(1).
Amendment 2162 #
Proposal for a regulation
Article 54 – paragraph 4
Article 54 – paragraph 4
4. The very large online platform concerned or other person referred to in Article 52(1) is required to submit to an on-site inspection ordered by decision of the Commission or the Board. The decision shall specify the subject matter and purpose of the visit, set the date on which it is to begin and indicate the penalties provided for in Articles 59 and 60 and the right to have the decision reviewed by the Court of Justice of the European Union.
Amendment 2167 #
Proposal for a regulation
Article 55 – paragraph 1
Article 55 – paragraph 1
1. In the context of proceedings which may lead to the adoption of a decision of non-compliance pursuant to Article 58(1), where there is an urgency due to the risk of serious damage for the recipients of the service, the Commission or the Board may, by decision, order interim measures against the very large online platform concerned on the basis of a prima facie finding of an infringement.
Amendment 2169 #
Proposal for a regulation
Article 56
Article 56
Amendment 2180 #
Proposal for a regulation
Article 57 – paragraph 1
Article 57 – paragraph 1
1. For the purposes of carrying out the tasks assigned to it under this Section, the Commission and the Board may take the necessary actions to monitor the effective implementation and compliance with this Regulation by the very large online platform concerned. The Commission and the Board may also order that platform to provide access to, and explanations relating to, its databases and algorithms.
Amendment 2184 #
Proposal for a regulation
Article 57 – paragraph 2
Article 57 – paragraph 2
2. The actions pursuant to paragraph 1 may include the appointment of independent external experts and auditors to assist the Commission and the Board in monitoring compliance with the relevant provisions of this Regulation and to provide specific expertise or knowledge to the Commission and the Board .
Amendment 2188 #
Proposal for a regulation
Article 58 – paragraph 1 – introductory part
Article 58 – paragraph 1 – introductory part
1. The Commission and the Board shall adopt a non- compliance decision where it finds that the very large online platform concerned does not comply with one or more of the following:
Amendment 2191 #
Proposal for a regulation
Article 58 – paragraph 1 – point c
Article 58 – paragraph 1 – point c
Amendment 2192 #
Proposal for a regulation
Article 58 – paragraph 2
Article 58 – paragraph 2
2. Before adopting the decision pursuant to paragraph 1, the Commission or the Board shall communicate its preliminary findings to the very large online platform concerned. In the preliminary findings, the Commission or the Board shall explain the measures that it considers taking, or that it considers that the very large online platform concerned should take, in order to effectively address the preliminary findings.
Amendment 2195 #
Proposal for a regulation
Article 58 – paragraph 3
Article 58 – paragraph 3
3. In the decision adopted pursuant to paragraph 1 the Commission or the Board shall order the very large online platform concerned to take the necessary measures to ensure compliance with the decision pursuant to paragraph 1 within a reasonable time period and to provide information on the measures that that platform intends to take to comply with the decision.
Amendment 2198 #
Proposal for a regulation
Article 58 – paragraph 4
Article 58 – paragraph 4
4. The very large online platform concerned shall provide the Commission or the Board with a description of the measures it has taken to ensure compliance with the decision pursuant to paragraph 1 upon their implementation.
Amendment 2204 #
Proposal for a regulation
Article 58 – paragraph 5
Article 58 – paragraph 5
5. Where the Commission or the Board finds that the conditions of paragraph 1 are not met, it shall close the investigation by a decision.
Amendment 2207 #
Proposal for a regulation
Article 59 – paragraph 1 – introductory part
Article 59 – paragraph 1 – introductory part
1. In the decision pursuant to Article 58, the Commission or the Board may impose on the very large online platform concerned fines not exceeding 6% of its total turnover in the preceding financial year where it finds that that platform, intentionally or negligently:
Amendment 2211 #
Proposal for a regulation
Article 59 – paragraph 1 – point c
Article 59 – paragraph 1 – point c
Amendment 2213 #
Proposal for a regulation
Article 59 – paragraph 2 – introductory part
Article 59 – paragraph 2 – introductory part
2. The Commission or the Board may by decision impose on the very large online platform concerned or other person referred to in Article 52(1) fines not exceeding 1% of the total turnover in the preceding financial year, where they intentionally or negligently:
Amendment 2216 #
Proposal for a regulation
Article 59 – paragraph 2 – point b
Article 59 – paragraph 2 – point b
(b) fail to rectify within the time period set by the Commission or the Board, incorrect, incomplete or misleading information given by a member of staff, or fail or refuse to provide complete information;
Amendment 2220 #
Proposal for a regulation
Article 59 – paragraph 3
Article 59 – paragraph 3
3. Before adopting the decision pursuant to paragraph 2, the Commission or the Board shall communicate its preliminary findings to the very large online platform concerned or other person referred to in Article 52(1).