103 Amendments of Evelyne GEBHARDT related to 2015/2147(INI)
Amendment 3 #
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses the need for compliance with data protection legislation of all initiatives developed under the Digital Single Market Strategy; underlines the fact that respect for fundamental rights and data protection are key elements in building citizens’ trust and security, which are necessary for a balanced approach allowing the development of the economy and should thus be considered as creating opportunities and a competitive advantage; emphasises further that data protection in essence means control over personal data;
Amendment 9 #
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that stimulating growth, innovation, consumer choice and competitivenessand citizen and consumer choice with a continuing high level of protection is of the utmost importance and believes that establishing the digital single market is key to achieving this objective by removingthat, since, as a result, barriers to trade, streamlining will be removed, processes for online businesses and supporting creators, investors and consumers; calls in this regard for competitiveness tests on all new proposalswill be streamlined and creators, consumers and those who work in the digital economy, including logistics businesses, will be strengthened; calls in this regard for all new proposals to be tested for innovative potential, consumer-friendliness and social balance;
Amendment 11 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Is of the opinion that personal data cannot solely be reduced to a monetised commodity;
Amendment 17 #
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for measures to tackle illegal content and materials on the internet, that will be in compliance with the fundamental right to freedom of expression and information; considers that, in order to achieve that goal, it is necessary to provide appropriate law enforcement tools, to support public- private partnerships and cooperation, torespect the fundamental rights and freedoms set out in the Charter of Fundamental Rights of the European Union, in particular the fundamental right to freedom of expression and information, the right to protection of personal data, and the freedom to conduct a business, the rule of law and due legal process; considers the role of intermediaries and to promote education and awareness-raising campaigns;at, in order to achieve that goal, it is necessary to:
Amendment 29 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Asks the Commission to specifically clarify the role of intermediaries in balancing rights and obligations under the European Charter of Fundamental Rights in the digital environment when those access providers monitor or filter content;
Amendment 44 #
Draft opinion
Paragraph 1 f (new)
Paragraph 1 f (new)
1f. Urges that access to diverse, high- quality media and cultural and linguistic diversity and quality should not increasingly depend on the economic means of the individual;
Amendment 45 #
Draft opinion
Paragraph 3
Paragraph 3
3. Highlights the fact that the fast-growing number of attacks on networks and acts of cybercrime calls for a harmonised EU response with a view to ensuring a high level of cybersecurity; believes that providing security on the internet meansentails the protectingon of networks and critical infrastructures, the ability of law enforcement agencies to fight criminality, including terrorism, radicalisation and child pornography, the illicit online trade and the use of the necessary data to fight crime online and offline; stresses that security, thus defined, is necessary to reinforce trust in digital services and the processing of personal data; underlines that fundamental rights, democracy and the rule of law needs to be protected in cyberspace;
Amendment 49 #
Draft opinion
Paragraph 1 k (new)
Paragraph 1 k (new)
1k. Calls for obligations in relation to ensuring diversity to be imposed equally on providers of platforms and of user interfaces as soon as audiovisual media services are, to any extent, involved;
Amendment 50 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Highlights that cybersecurity measures that involve the handling of personal data, need to respect the protection of EU civil liberties and fundamental rights, ensuring the utmost respect for privacy and data protection;
Amendment 54 #
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Points out that the trust of citizens in digital services which is a precondition of the successful development of the digital single market can be seriously undermined by government activities of mass surveillance and unwarranted access to commercial and other personal data by law enforcement authorities; underlines the necessity for the strict compliance with fundamental rights when using commercial data for law enforcement purposes;
Amendment 55 #
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Welcomes the plan to press ahead with legislative proposals for copyright reform at EU level and thus reconcile the interests of originators, collecting societies and users; stresses the importance of fair and appropriate remuneration for authors, culture professionals and performing artists;
Amendment 60 #
Draft opinion
Paragraph 3 f (new)
Paragraph 3 f (new)
3 f. Highlights the urgent need for a legal basis for the activities of the Internet Referral Unit launched within Europol to ensure that its activities are within the mandate of Europol, as described in the Treaties, that they respect fundamental rights, namely the freedom of expression, protection of personal data and privacy, and that they do not contradict the principles of due legal process of the Member States; requests the Commission to draft a legislative proposal to this end as soon as possible;
Amendment 68 #
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that big data, cloud servicestechnological innovations like big data analytics, cloud computing, the Internet of Things, as well as research and innovation are key to economic development; believes that data protection safeguards and security are crucial for building trust in the data-driven economy sector; stresses the need to raise awareness of the role of data and data- sharing in the economy and to clarify data ownership rules; underlines the role of personalisation of services and products that should be developed as a balanced solution in compliance with data protection requirements; calls for the promotion of privacy by default and by design; underlines the importance of a risk-based approach in data protection legislation, especially for SMEshould be built with the citizen at the centre and in control of personal data;
Amendment 71 #
Draft opinion
Paragraph 4 – point b (new)
Paragraph 4 – point b (new)
(b) stresses the need to raise awareness of the role of data and data-sharing in the economy and, through the 'free flow of data' initiative, to clarify the rules on the use, access to and control over data;
Amendment 73 #
Draft opinion
Paragraph 4 – point d (new)
Paragraph 4 – point d (new)
(d) calls for the adoption of privacy by default and by design;
Amendment 74 #
Draft opinion
Paragraph 4 – point e (new)
Paragraph 4 – point e (new)
(e) requires the clarification of the meaning of 'personal data' in the big data environment;
Amendment 76 #
Draft opinion
Paragraph 2 e (new)
Paragraph 2 e (new)
2e. Notes that search algorithms especially can have such a restrictive effect on digital depictions of reality that it becomes impossible for people fully to exercise the constitutional right to self- determination and the freedom of personal development; and that exercising any form of freedom is, nonetheless, fundamentally contingent on being able, to decide for oneself, to search impartially for truth and to make free choices;
Amendment 76 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Urges the Commission to also consider that secondary uses of personal data and thus the generation of new personal data through profiling increases the ability of governments and for profit owners of big data to influence citizens' identities and therefore poses the biggest challenge for privacy and trust in the digital economy;
Amendment 78 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Stresses that new technologies offer large possibilities for profiling and data mining, which could lead to discrimination on grounds of religion, gender, ethnic origins or other grounds, in a private/business context but also in the context of law enforcement; welcomes a proactive approach and a readiness to remedy any unintended discrimination or inequality;
Amendment 79 #
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Calls on the Commission to protect citizens' identity and control over their data in a data driven economy where consumers' habits can generate detailed histories of every single interaction and data analytics are able to shape consumers' identity by personalising every step of the interaction;
Amendment 80 #
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Stresses that the principals of 'data minimisation', 'purpose specification', 'limitation', as well as transparency and consent are fully compatible with a big data, cloud computing and IoT environments and they should be fully implemented;
Amendment 84 #
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4 d. Underlines the vital importance of the right to data portability in guaranteeing people the full ownership and choice concerning their personal data and its use; calls for the further development in interoperability of commonly used data formats to allow the further use of such personal data without hindrance, further to the specification of the data subject;
Amendment 92 #
Draft opinion
Paragraph 6
Paragraph 6
6. Supports the digitalisation of public services in Europe and the development of e-government, e-democracy and open data policies based on high data protection standards as envisaged in the Data Protection Reform package, fully in line with the Charter of Fundamental Rights, especially Articles 7 and 8 while ensuring public participation and consultation in these processes, as well as access and reuse of public documents;
Amendment 94 #
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Notes that the Commission promotes the "once only" principle for public administration according to which public authorities should never ask citizens and business for information that is already in the possession of a different authority in this Member State;
Amendment 97 #
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Draws attention to the serious risks for privacy, data protection and IT- security when public authorities process data of citizens which those have not provided to these institutions;
Amendment 98 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Highlights the importance of strengthening the provision of access services for persons with disabilities, such as captions, audio description and sign language interpretation, in all kinds of audiovisual media provision, by establishing binding targets, i.e. a gradual implementation.
Amendment 98 #
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Urges that primary attention should be paid to the security of e-Government systems, especially in light of the proposed "once-only" principle, so as to ensure citizens' privacy and protection of their personal data, such as through 'privacy by design and by default', regular use of data anonymisation techniques, performing mandatory privacy impact assessments;
Amendment 99 #
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6 c. Points out that public sector databases which entail all or considerable amounts of personal data of each and every citizen become easy targets for IT criminals, which bears the danger of an increasing number of identity thefts and the possibility to build precise profiles;
Amendment 108 #
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Recognises the global nature of the data economy; recalls that the creation of a Digital Single Market is incumbent upon the free flow of data within and outside the European Union; therefore underlines the necessity for sound legal safeguards for the transfer of personal data to third countries in compliance to the EU Acquis;
Amendment 110 #
Motion for a resolution
Recital C c (new)
Recital C c (new)
Cc. whereas consumer organisations confirm significant consumer detriment to buy online due to problems with parcel delivery;
Amendment 111 #
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Calls for EU-wide rights management to be further developed and made more attractive, without removing the possibility of territorial limitation where this is deemed necessary for objective reasons;
Amendment 119 #
Draft opinion
Paragraph 3 i (new)
Paragraph 3 i (new)
3i. Calls on the Commission to safeguard fair compensation for creators of works by means of further harmonisation measures and also to protect the fair distribution of payments in the case of collective management organisations;
Amendment 132 #
Motion for a resolution
Recital D
Recital D
D. whereas a high level of consumer protection and satisfaction necessarily entails choice, flexibility, information and, trust in a secure online environment, and compliance with existing or upcoming EU legislation on data protection and privacy;
Amendment 147 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission and the Member States to authorise a reduced VAT rate on e-books, e-papers and other electronic information media to promote improved access to information and cultural goods;
Amendment 150 #
Motion for a resolution
Recital D e (new)
Recital D e (new)
De. whereas the digital divide will continue to grow between those who are connected and are not connected, those who have the skills and who do not have the skills, as well as those who have capabilities to access digital single market and those with disabilities, if more focus is not put into getting all citizens 'internet ready' and a truly holistic approach is launched and supported by the EU, based on boosting investments in infrastructures and skills;
Amendment 151 #
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas the digitalisation of the Single Market will bring drastic changes which are not only structural or technical in nature, but which will affect citizens directly and all spheres of human life and interactions;
Amendment 156 #
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls on the Commission and the Member States to acknowledge the importance of media education by improving the quality of equipment in line with needs, particularly at kindergartens, pre-schools, schools and universities, ensuring the age-appropriate accessibility of technology, and investing sufficiently in teaching staff and knowledge multipliers in the transfer of media skills;
Amendment 161 #
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Calls on the Commission and Member States to make learning opportunities available for all generations so that they can acquire the appropriate skills and confidence to deal with large volumes of information;
Amendment 168 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Communication on ‘A Digital Single Market Strategy for Europe’; believes that the horizontal approach taken needs to be strengthened in its implementation as the digital sector affects every dimension of society and the economyapart from the economy, each citizen and every dimension of society; stresses therefore that the digitalisation of the Single Market has to be developed together with all citizens and for their benefits; reminds in this respect that technological modernisation of the Single Market must not be an end in itself or solely for economically reasoned benefits;
Amendment 169 #
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the Commission’s aim to withdraw the proposal on a Common European Sales Law and the intention to propose rules for digital content; notes the proposal to introduce the ‘home option’ in order to bring down barriers to cross- border trade; insists on the need for comprehensive evidence and consultation with stakeholders before this approach is pursued, in particular as regards the impact it would have on the current protection provided to consumers under national law, especially in terms of remedies for failure to comply with the terms of contracts for online sales.calls for a further approximation of legally binding and exclusively applicable rules in European legislation on guarantees, regardless of whether they concern cross- border or home sales contracts, contracts concluded online or offline, or contracts relating to physical objects, digital content or goods; stresses the need for legally binding rules on guarantees in relation to digital content contracts, to the extent that their specific nature requires such rules and their adoption will close legal loopholes; is concerned that a Commission proposal to amend the legislation on guarantees in sales law could lead to different rules for online and offline sales contracts on the one hand, and between cross-border and home sales contracts on the other hand; is convinced that harmonisation of sales law should always lead to a simplification of guarantee rules for online and offline contracts whose application for individuals is mandatory, and that is therefore transparent;
Amendment 173 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Communication on ‘A Digital Single Market Strategy for Europe’; considers that a fair and effective Digital Single Market, based on a harmonised set of rules, could foster EU competitiveness, have positive effects on growth and jobs, relaunch the Single Market and make the society more inclusive offering new opportunities to citizens and businesses; believes that the horizontal approach taken in the Communication needs now to be strengthened in its implementation as the digital sector affects every dimension of society and the economy;
Amendment 174 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls for modern and practicable legislation on the passing of risk as part of the reform of sales law concerning digital content and goods;
Amendment 177 #
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Agrees with the Commission that the governance and timely delivery of the Digital Single Market is a shared responsibility of the European Parliament, the Council and the Commission; encourages the Commission to engage with societal and social stakeholders and to involve them in the decision making process to the widest extent possible;
Amendment 178 #
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Encourages the European Commission to analyse the protection level of substantive EU consumer protection laws within the so called "sharing economy" and to come forward with legislative proposals which tackle imbalances between parties in "C2C" contractual relations which are being fostered by an ever wider use of services provided through sharing economy platforms;
Amendment 184 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Commission to conduct a study which explores the wider impact of digitalisation on European societies in order to establish how and to which degree the phenomena has altered life in each and every Member State and to share these findings with all EU institutions and Member States; on this basis to assess whether and to which extent further action in the respective policy fields is required;
Amendment 185 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Emphasises that right from the outset, the development of the DSM needs to ensure equal and unrestricted access for all citizens by paying special attention to the particular needs and diverse requirements of persons with disabilities and the elderly, including all others who belong to vulnerable groups;
Amendment 186 #
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Emphasises furthermore that the EU citizens' human autonomy and dignity have to be safeguarded and protected through prudent legislative or regulative measures in order to build the basis for trust needed in the new digital environment and e-interactions and to pre-empt negative consequences as far as this is possible; perceives in this respect also the need to ensure the right to privacy, the citizen's individual private sphere and their right for being off-line and off-supervision in an digitalised environment;
Amendment 202 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes that better regulation should help to examine policy through a digital lens and facilitate the adaptation of legislation and enforcement frameworks in the light of new technologies and new business models to prevent fragmentation of the single market and to preserve the principle of technological neutrality;
Amendment 235 #
Motion for a resolution
Paragraph 3 – indent 1 (new)
Paragraph 3 – indent 1 (new)
- Points out that the impacts of the digital revolution on social standards and labour conditions have to be taken into account while adapting current laws and regulations in order to protect citizens and companies alike; encourages the Commission to conduct a comprehensive analysis of the quantitative and qualitative effects of digitalisation on employment conditions;
Amendment 305 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Is concerned about the different national approaches taken so far by Member States to regulating the internet and the sharing economy; urges the Commission to take action to. Therefore, calls on the Commission to propose a coordinated and homogeneous European legislative framework which will be able to create a fair and competitive market for both consumers and businesses while preserveing the integrity of the single market and the internet as an open and global platform for communication and innovation. This harmonized set of rules shall have the purpose of stimulating a proper environment for innovative European start-ups and SMEs, exploiting all the potentialities offered by new platforms and sharing economy and, at the same time, preventing possible disruptive effects on traditional sectors of the economy;
Amendment 322 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Is concerned about the different national approaches taken to regulating the internet and the sharing economy; urges the Commission to take action to preserve the integrity of the single market and the internet as an open and global platform for communication and innovation; notes in this regard the need for businesses engaging in the sharing economy to comply with EU and national legislation on social and labour standards as well as taxation; encourages new innovative business models for the digital economy, but underlines the importance that these are developed taking into account existing legislation on social and labour standards and taxation;
Amendment 330 #
Motion for a resolution
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Calls on the European Commission to fight legal fragmentation by significantly increasing the co-ordination of different DGs while drafting new regulation and strongly encouraging the member states to secure that the way they are implementing the regulation stays coherent;
Amendment 334 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Regrets that the Commission's strategy neglects the accessibility aspect; reminds the Commission that there are 80 million EU citizens with disabilities and an aging population of 190 million of 50+; calls therefore on the Commission to ensure an appropriate level of accessibility in all legislative and non- legislative proposals related to the Digital Single Market; emphasises that accessibility is best achieved and cost- effectively introduced when incorporated from the outset;
Amendment 335 #
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Emphasises the need to swiftly adopt a proposal on the accessibility of public bodies' websites; regrets that the Council is not proceeding on this proposal and calls on the Commission to facilitate the finding of a common agreement;
Amendment 340 #
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Asks the Commission to address the different tax challenges raised by the digital economy and to closely monitor its continuous evolution to assess the impact on tax systems; in particular, urges the Commission to guarantee an effective level playing field and a fair fiscal treatment among all actors present in the digital market, aligning taxation with the economic activities and guaranteeing that taxes are paid where profits are generated;
Amendment 345 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Believes that Member States and the Commission should actively promote a broad process of reform of the global governance of Internet in order to reach a new, transparent and inclusive model of multi-stakeholder governance, based on the principle of Internet as a unique, open and free network;
Amendment 350 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that in most Member States public and private investment is insufficient; urges the Commission to take additional measures to improve and facilitate access to finance for SMEs, particularly in respect of key sectors, including the emerging digital sector; asks the Commission to respect the timetable for the launch of the EFSI immediately, so that it has the intended effect of stimulating the real economy and boosting recovery in the Member States; considers that these investments will serve to strengthen EU competitiveness in key growth sectors such as the Digital Single Market, services, energy and transport;
Amendment 354 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission, the Member States and the stakeholders to fully utilize the means at hand to promote innovations, to facilitate the growth of European industrial internet and facilitate industries' transformation to digital era; Underlines that trust, data protection and cybersecurity are essential elements of digital economy and society; Recognizes that the employment and social welfare policies need to be updated for the digital era;
Amendment 362 #
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Calls on the Commission to secure that proposed regulatory actions minimise the barriers of entry for SMEs operating in the digital markets, leave enough room for innovation in the targeted sectors and respect the principles of technological, business model and content neutrality;
Amendment 411 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Believes that a full harmonisation of the legal framework governing online salethe supply of tangible goods irrespective of whether they are cross- border or domestic saletransactions, while maintaining the coherence of online and offline rules regarding legal remedies, constitutes the most practical and proportionate approach; Believes that EU action on this matter should be undertaken in 2016 and be complementary with the REFIT measures on the Consumer law, in particular on Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees;
Amendment 413 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Believes that a full harmonisation of the legal framework governing online sales irrespective of whether they are cross- border or domestic sales, while maintaining the coherence of online and offline rules regarding legal remedies, constitutes the most practical and proportionate approachB2C digital content purchases irrespective of whether it is embodied on tangible mediums or intangible format, in particular rules on conformity, remedies in case of lack of conformity, termination and modification of B2C digital content contracts, irrespective of whether they are cross- border or domestic sales, constitutes the most practical and proportionate approach in order to close legal gaps and to improve the conditions for the functioning of the internal market;
Amendment 426 #
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Draws attention to the need to adjust intellectual property rights when online sales of B2C digital content products are being newly regulated; stresses that digital content products or services supplied to the consumer must be free of any rights of a third party;
Amendment 427 #
Motion for a resolution
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Underlines the need to define liability of the seller of digital products and services in B2C contracts for any failure to supply or to provide access to the digital content product or service and for any lack of conformity; points to the obligation of the seller to have the burden of proof with respect to the conformity of the digital content product or service;
Amendment 428 #
Motion for a resolution
Paragraph 8 d (new)
Paragraph 8 d (new)
8d. Draws attention to the need for equivalent legal remedies for intangible digital goods and services which are offered to consumers ostensibly for free;
Amendment 430 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Is concerned about the intention to create a separate legal instrument for online sales of tangible goods, as such an instrument would inevitably create an undesirable disparity between the applicable laws for offline and online purchases and believes that these questions should be addressed within the REFIT process;
Amendment 432 #
Motion for a resolution
Paragraph 8 e (new)
Paragraph 8 e (new)
8e. Is concerned that the implementation of legislation applicable to B2C online sales contracts, which would give priority to the national law of the seller's seat or residence (country of origin principle) is inconsistent with Article 6 of the Rome I Regulation;
Amendment 441 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers that there is a risk that the Commission’'s proposals for consumer sales law entail a growing disparity between the applicable legal standards for consumers' offline and online purchases;
Amendment 449 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Regrets the imprecision of the Commission’s proposal regarding a legislative measure for a more comprehensive online consumer sales law that covers digital content productintangible digital goods as well as tangible goods;
Amendment 461 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is sceptical about the legal nature of model contracts regarding consumers' online sales of tangible goods in the absence of statutory regulation;
Amendment 467 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Requests an ‘Active Consumers’ strategy to assess in particular whether consumer switching is facilitated in the online world, and whether action is needed to make consumer switching easier, in order to boost competition in online markets; points further to the need to ensure accessible e-commerce services through the whole value chain, including accessible information, accessible payment mechanisms and customer service;
Amendment 476 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to explore the possibilities of introducing an EU trustmark for online sales in order to induce trust, particularly in relation to cross-border online sales, points to the already existing Trustmark schemes in Member States and call on the Commission to draw best practices from these experiences;
Amendment 480 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to explore the possibilities of introducing an EU trustmark for online sales in order to induce trust, particularly in relation to cross-border online sales and quality;
Amendment 493 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for an ambitious enforcement framework ofor the Services Directive; encourages the Commission to make use of all means at its disposal to ensure the full and correct implementation of existing rules, including fast-track infringement procedures whenever incorrect or insufficient implementation of the directive is identified;
Amendment 498 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Welcomes a review of the Consumer Protection Cooperation Regulation announced by the Commission; considers that extension of competencies of supervisory authorities and strengthening of their mutual cooperation is a prerequisite for the effective enforcement of consumer rules for online shopping;
Amendment 499 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Welcomes further the Commission's initiative to review the Regulation on Consumer Protection Cooperation;
Amendment 500 #
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Regrets the Communication's neglect of abusive and unfair lending practices targeting consumers via email, text messages or mobile applications while consumers are still bearing the costs of the financial market crisis, points out that due to the often very high interest rates of such credits even small amounts can quickly accumulate and lead to consumers excessive indebtedness;
Amendment 501 #
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14c. Calls for the introduction of guidelines on limiting excessive aggressive advertisement of abusive lending practices and amendment of the regulations on assessments of creditworthiness of consumers; welcomes the upcoming revision of the EU Directive on Misleading and Comparative Advertisement;
Amendment 502 #
Motion for a resolution
Paragraph 14 d (new)
Paragraph 14 d (new)
14d. Calls on the Commission to come forward with the proposal for a European Accessibility Act, which it has been preparing for several years and which would improve accessibility of goods and services in the single market, including the digital single market;
Amendment 511 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that accessible, affordable, efficient and high-quality delivery services are an essential prerequisite for thriving cross-border e-commerce; supports the proposed measures to improve price transparency, interoperability and, delivery times and information schemes on liabilities in case of loss or damage as well as the regulatory oversight that should target both the smooth functioning of cross-border parcel delivery markets and compliance with relevant social and labour rights, allowing enough flexibility for the delivery market to evolve and adapt to technological innovations but calls upon the Commission to and Member States to refrain from further deregulating the parcel delivery and postal services sector in a way which could lead to unreliability and precarious working conditions;
Amendment 512 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that accessible, affordable, efficient and high-quality delivery services are an essential prerequisite for thriving cross-border e-commerce; supports the proposed measures to improve price transparency, interoperability and regulatory oversight that should target both the smooth functioning of cross-border parcel delivery markets and compliance with relevant social and labour rights, allowing enough flexibility for the delivery market to evolve and adapt to technological innovations; recognises the vital role of the parcel delivery workforce and the need for fair and consistent working conditions, in order to develop a stable and reliable delivery sector;
Amendment 542 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Recognises the environmental implications of a growing parcel delivery market and the need to ensure sustainability and environmental protection is prioritised as the e-commerce sector continues to develop;
Amendment 588 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Supports the Commission's plan to address geo-blocking in an effective manner by supplementing the existing e- commerce framework; considers it vital to focus on technological measures and technical practices resulting in unjustified limitations on access to information society services provided across border, on the conclusion of cross-border contracts to buy goods and services, but also on adjacent activities, such as payment and delivery;
Amendment 618 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Further points out the importance of the ongoing competition sector inquiry into the e-commerce sector in order to investigate, inter alia, whether geo-blocking restrictions, such as discrimination on the basis of IP address, postal address or country of issue of credit card as compared, infringe the rules of EU competition law; stresses the importance of increasing consumer and business confidence by introducing changes to the Block Exemption Regulation, most importantly Article 4a and Article 4b, in order to limit undesirable re-routing and territorial restrictions;
Amendment 654 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Emphasises that incentivising private investments in fast and ultra-fast communication networks is a requirement for any digital progress, with competition remaining the main driver ofor infrastructure investments, innovation, affordable prices and choices for consumers; considers that little evidence exists, in the still fragmented European telecommunications market, of a link between consolidation of operators and increased investment in networks;
Amendment 665 #
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Welcomes the announced reform of the telecoms regulatory framework, but underlines that a level playing field also for small market players has to be ensured, and that deregulation can lead to dominant market positions raising prices for consumers as the examples of numerous non-EU markets show;
Amendment 689 #
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Welcomes the upcoming review of the Universal Services Directive, which will provide an opportunity to re-examine the availability of broadband internet access, including in remote areas and consumers' rights related in the context of universal services provision; believes that access to broadband should be classified a service of general interest;
Amendment 690 #
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Highlights in this context the need for the Commission to closely cooperate with the Member States, in order to establish performance indicators and guidelines pertaining the quality of the 112 service, paying particular attention to the need for interoperability between emergency services, for multilingualism and for timely and qualitative interventions by emergency services; emphasises that in this context the importance of accessibility to 112 services for all citizens and underlines the necessity of 112 access per SMS or comparable means for people with special needs; further calls on the Commission to promote knowledge of the EU-wide, universal and multilingual 112 system;
Amendment 693 #
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Considers that the next review of the Telecom Framework should include the overdue review of the universal service directive to fit digital age, including the obligation to offer broadband internet access at a fair price in response to the urgent need to reduce the digital divide;
Amendment 721 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses that since the development of over-the-top services has increased demand and competition to the benefit of consumers, modernisation of the telecommunication framework should not lead to more unjustified regulatory burdens, but should drive innovation and fair competition;
Amendment 741 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls as a priority for a practical and realistic harmonised framework for spectrum allocation to boost long-term infrastructure investments; term infrastructure investments, which also respects the on-going needs of individual Member States where different applications for certain spectrum sectors exist; reminds that accessible sectors of radio spectrum have already been allocated to supporting a wide range of public and private services which have value both culturally in supporting social cohesion and citizenship as well as economically; emphasises that whilst harmonisation is a valuable instrument in fostering the single market, Member States have varying needs particularly in the spectrum bands used for Public Service Broadcasting (PSB) where there is growing competitive pressures from Wireless Broad Band (WBB); recalls that these variations must be respected together with the need to maintain and protect the value of PSB in balance with the expansion of WBB;
Amendment 774 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses that uniform enforcement of the Connected Continent package, including the end of roaming surcharges and the net neutrality principle, requires the establishment of a single European telecommunications regulatornet neutrality principle and the end of roaming surcharges requires strong role for the BEREC and the European Commission, in cooperation with the National Regulatory Authorities;
Amendment 818 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Urges the Commission to develop an innovation-friendly policy that fosters competition between, and innovation in, online platforms to ensure a level playing- field; considers that the priorities should be transparency, facilitation of switching between platforms or online services, access to platforms, and identifying and addressing barriers to the emergence and scale-up of platforms;
Amendment 819 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Urges the Commission to develop an innovation-friendly policy that fosters competition between, and innovation in, online platforms; considers that the priorities should be transparency, facilitation of switching between platforms or online services, access to platforms, the prevention of monopolies, and identifying and addressing barriers to the emergence and scale-up of platforms;
Amendment 833 #
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Stresses that the reliability, transparency and independence of information provided to consumers through online platforms is essential;
Amendment 868 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Appreciates the Commission’s initiative to analyse the role of platforms in the Digital Economy as part of the up- coming Internal Market Sstrategy and urges the Commission to also focus on identifying possible gaps in terms of consumer protection;
Amendment 883 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Encourages the Commission to analyse the need to protect consumerprotection level of substantive EU consumer protection laws in the "sharing economy" and, where appropriate and if necessary, to come forward with proposals to ensure the adequacy of the consumer-related legislation framework in the digital sphere, the need to tackle imbalances between parties in C2C contractual relations which are being fostered by an ever wider use of services provided through the sharing economy including possible abuses;
Amendment 893 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Encourages the Commission to analyse the need to protect consumers in the sharing economy and, where appropriate and if necessary, to come forward with proposals to ensure the adequacy of the consumer-related legislation framework in the digital sphere, including possible abuses; stresses the need to put forward a common approach to taxation in relation to sharing economy, in order to ensure a real level playing field and a well- functioning single market and that taxes are paid where profits are generated;
Amendment 901 #
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Believes that adequate attention should be given to employment-related matters in the development of sharing economy. Stresses that workers' rights, including the right to undertake collective actions and to negotiate and conclude collective agreements, effective coverage by social security systems and adequate working conditions should be ensured in this new sector. Stresses the risk, in sharing economy, of false self- employment. Asks the Commission to assess in depth the current situation and the most recent developments worldwide, in EU and in the different Member States, to identify the best practices with regard to these issues, within and outside Europe, and to favour their dissemination. Calls on the Commission to take, where necessary, actions in order to ensure the full respect of workers' rights, high quality working conditions and a real level playing field in the single market;
Amendment 902 #
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Stresses that particularly business models of the sharing economy foster more and more flexible and atypical employment schemes, which may on the one hand allow for more flexibility and a better work-life balance in the EU where life expectancy is high and will become even higher, but on the other hand my also increase the number of precarious working conditions, most importantly through an ever higher number of solo- self-employed contractors; calls on the Commission and Member States to provide improved social security schemes in order to protect those who find themselves in precarious and exploitive solo-self-employment;
Amendment 905 #
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25b. Calls on the Commission to take into consideration the ever-widening phenomena of crowdworking and crowdsourcing which further decentralises income tax liabilities, limits the possibilities of workers/contractors in this area to organise and undermines national and European social and labour standards; calls on the Commission to develop minimum labour and social standards for crowdworkers;
Amendment 928 #
Motion for a resolution
Paragraph 26
Paragraph 26
26. Considers, in order to ensure trust in digital services, that increased resources from the public and private sector are required to strengthen the security of IT systems and online networks and the encryption of communication, to improve cyber-attack prevention and to increase knowledge of basic security processes among users of digital services; believes in this regard that particular efforts should be put in place in order to ensure full security for consumers in the use of electronic means of payment, through the achievement of a fully integrated and user-friendly EU market for payment services;
Amendment 959 #
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Urges the Commission to strengthen the competitiveness and security of the European big data infrastructure, including super computers, through Horizon 2020 and other public and private support mechanisms;
Amendment 969 #
Motion for a resolution
Paragraph 26 d (new)
Paragraph 26 d (new)
26d. Calls on the Commission to urgently review safe harbour in light of ECJ ruling;