58 Amendments of Alex AGIUS SALIBA related to 2020/0361(COD)
Amendment 187 #
Proposal for a regulation
Recital 3
Recital 3
(3) Responsible and diligent behaviour by providers of intermediary services is essential for a safe, predictable and trusted online environment and for allowing Union citizens and other persons to exercise their fundamental rights guaranteed in the Charter of Fundamental Rights of the European Union (‘Charter’), in particular the freedom of expression and information and the freedom to conduct a business, and the right to non-discrimination. Children have specific rights enshrined in Article 24 of the Charter of Fundamental Rights of the European Union and in the United Nations Convention on the Rights of the Child. As such, the best interests of the child should be a primary consideration in all matters affecting them. The UNCRC General comment No. 25 on children’s rights in relation to the digital environment formally sets out how these rights apply to the digital world.
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 195 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) The United Nations Convention on the Rights of Persons with Disabilities (UN CRPD) requires its Parties to take appropriate measures to ensure that persons with disabilities have access, on an equal basis with others, to information and communications technologies and systems, and other facilities and services open or provided to the public, both in urban and in rural areas. The UNCRPD further states that the strict application of universal design to all new goods, products, facilities, technologies and services should ensure full, equal and unrestricted access for all potential consumers, including persons with disabilities, in a way that takes full account of their inherent dignity and diversity. Given the ever-growing importance of digital services in private and public life, in line with the obligations enshrined in the UN CRPD, the Union must ensure a regulatory framework for digital services which protects rights of all recipients of services, including persons with disabilities.
Amendment 200 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) Given the cross-border nature of digital services, any action at Union level to harmonise accessibility requirements for gatekeepers across the internal market should avoid market fragmentation and ensure equal rights to access and choice to all end-users, including by persons with disabilities. To this end the provision of this regulation should address the lack of harmonised accessibility requirements for gatekeepers in line with the existing Union accessibility legislation, such as the European Accessibility Act (Directive(EU) 2019/882 of the European Parliament and of the Council of 17 April 2019) and the Web Accessibility Directive (Directive(EU) 2016/2102 of the European Parliament and of the Council of 26 October 2016on the accessibility of the websites and mobile applications of public sector bodies) and in line with the Union Strategy for the Rights of Persons with Disabilities 2021-2030 and the Union’s commitment to the United Nations’ Sustainable Development Goals.
Amendment 202 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) The notions of ‘access’ or ‘accessibility’ are often referred to with the meaning of affordability (financial access), availability, or in relation to access to data, use of network, etc. It is important to distinguish these from ‘accessibility for persons with disabilities’ which means that services, technologies and products are perceivable, operable, understandable and robust for persons with disabilities.
Amendment 252 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) Online marketplace services merit special attention due to the high number of illegal activities found on their online interfaces. Online marketplaces are services that enable or facilitate traders to make their products and services available to consumers, regardless of whether the contract is concluded within our outside the online interface of the online platform provider. Therefore, online marketplace services should be understood not only as platforms that that directly facilitate the selling of goods or services, but online platforms where recipients of the service can place advertisements to offer products or services, online platforms which offer comparison, advisory or reputational services to recipients would also be covered as, without them, consumers would not have had access to such products, services or traders.
Amendment 253 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) In line with the Directive 2000/31/EC of the European Parliament and of the Council on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce), this Regulation should not apply to gambling activities and this exclusion should covers only games of chance, lotteries and betting transactions, which involve wagering a stake with monetary value; this does not cover promotional competitions or games where the purpose is to encourage the sale of goods or services and where payments, if they arise, serve only to acquire the promoted goods or services.
Amendment 295 #
Proposal for a regulation
Recital 25
Recital 25
Amendment 345 #
Proposal for a regulation
Recital 34
Recital 34
(34) In order to achieve the objectives of this Regulation, and in particular to improve the functioning of the internal market and ensure a safe and transparent online environment, it is necessary to establish a clear and balanced set of harmonised due diligence obligations for providers of intermediary services. Those obligations should aim in particular to guarantee different public policy objectives such as health – including mental health, the safety and trust of the recipients of the service, including minors and vulnerable users, protect the relevant fundamental rights enshrined in the Charter, to ensure meaningful accountability of those providers and to empower recipients and other affected parties, whilst facilitating the necessary oversight by competent authorities.
Amendment 430 #
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Amendment 581 #
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Amendment 612 #
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.
Amendment 618 #
Proposal for a regulation
Article 1 – paragraph 2 – point b a (new)
Article 1 – paragraph 2 – point b a (new)
(ba) establish a high level of consumer protection, product safety and design the provision of intermediary services with the best interests of the child.
Amendment 621 #
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 and traders, irrespective of the place of establishment of the traders or providers of those services.
Amendment 626 #
Proposal for a regulation
Article 1 – paragraph 5 – point b
Article 1 – paragraph 5 – point b
(b) Directive (EU) 20108/13/EC808 and Directive (EU) 2019/882;
Amendment 635 #
Proposal for a regulation
Article 1 – paragraph 5 – point i
Article 1 – paragraph 5 – point i
(i) Union law on the protection of personal data and privacy, in particular Regulation (EU) 2016/679 and Directive 2002/58/EC.
Amendment 639 #
Proposal for a regulation
Article 1 – paragraph 5 – point i a (new)
Article 1 – paragraph 5 – point i a (new)
(ia) Directive 2018/1972/EC
Amendment 641 #
Proposal for a regulation
Article 1 – paragraph 5 – point i b (new)
Article 1 – paragraph 5 – point i b (new)
(ib) Directive 2013/11/EU
Amendment 651 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘consumer’ means any natural person who is acting for purposes which are outside his or her trade, business, craft or profession;
Amendment 666 #
Proposal for a regulation
Article 2 – paragraph 1 – point d a (new)
Article 2 – paragraph 1 – point d a (new)
(da) ‘child’ means any natural person under the age of 18;
Amendment 683 #
Proposal for a regulation
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) ‘illegal content’ means any information,, which, in itself or by its reference to an activity, including the sale of products or provision of services is not in compliance with Union law or the law of a Member State, that is in conformity with Union law and irrespective of the precise subject matter or nature of that law;
Amendment 717 #
Proposal for a regulation
Article 2 – paragraph 1 – point n
Article 2 – paragraph 1 – point n
(n) ‘advertisement’ means information designed to promote the messageor sponsor information, products or services of a legal or natural person, irrespective of whether to achieve commercial or non- commercial purposes, and displayed or communicated aurally by an online platform or parts thereof on its online interface against direct or indirect remuneration specifically for promoting that information, product or service;
Amendment 736 #
Proposal for a regulation
Article 2 – paragraph 1 – point q a (new)
Article 2 – paragraph 1 – point q a (new)
(qa) ‘online marketplace’ 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 consumers to conclude distance contracts with other traders or consumers.
Amendment 743 #
Proposal for a regulation
Article 2 – paragraph 1 – point q b (new)
Article 2 – paragraph 1 – point q b (new)
(qb) ‘persons with disabilities’ means persons within the meaning of Article 3 (1) of Directive (EU) 2019/882;
Amendment 746 #
Proposal for a regulation
Article 2 a (new)
Article 2 a (new)
Amendment 778 #
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Amendment 780 #
Proposal for a regulation
Article 6
Article 6
Amendment 792 #
Proposal for a regulation
Article 7 – title
Article 7 – title
No general monitoring or active fact- finding obligations
Amendment 815 #
Proposal for a regulation
Article 8 – paragraph 2 – point a – indent 1
Article 8 – paragraph 2 – point a – indent 1
— a statement of reasons explaining why the information is illegal content, by reference to the specific provision of Union or national law, in conformity with Union law, infringed;
Amendment 823 #
Proposal for a regulation
Article 8 – paragraph 2 – point a – indent 2
Article 8 – paragraph 2 – point a – indent 2
— one or more exact uniform resource locators andor, where necessary, additional information enabling the identification of the illegal content concerned;
Amendment 824 #
Proposal for a regulation
Article 8 – paragraph 2 – point a – indent 3
Article 8 – paragraph 2 – point a – indent 3
— information about redress available to the provider of the service and to the recipient of the service who provided the content, which may be sought in the Member State of establishment of the provider of the service and/or in the Member State of establishment of the recipient of the service who provided the content;
Amendment 829 #
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) the territorial scope of the order, on the basis of the applicable rules of Union and national law in conformity with Union law, including the Charter, and, where relevant, general principles of international law, does not exceed what is strictly necessary to achieve its objective;
Amendment 893 #
Proposal for a regulation
Chapter III – title
Chapter III – title
Due diligence obligations for a transparent, accessible and safe online environment
Amendment 907 #
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Amendment 909 #
Proposal for a regulation
Article 10 b (new)
Article 10 b (new)
Article 10b Points of contact for consumers 1. Providers of intermediary services shall enable consumers to easily, directly and effectively communicate with them by providing their telephone numbers, email addresses and the geographical address of the establishments of the providers of intermediary services within the Union. In addition, providers of intermediary services may offer other direct and efficient means of communication that guarantee that the consumer can keep any written correspondence, including the date and time of such correspondence, with the provider of intermediary services on a durable medium, including electronic contact forms and instant messaging. Where applicable, the provider of intermediary services shall also provide the geographical address and identity of the trader on whose behalf he is acting. 2. The means of communication referred to in paragraph 1 shall be quickly and easily accessible to recipients of services in a clear user-friendly, easily identifiable and where possible, uniform manner. Providers of intermediary services shall enable consumers to easily choose equally accessible means of rapid, direct and efficient communication which do not involve automated tools. 3. Providers of intermediary services shall allocate the necessary human and financial resources to ensure that the communication and responses referred to in paragraph 1 are performed in a quick and efficient manner.
Amendment 937 #
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1a. Providers of intermediary services shall ensure their terms and conditions are age-appropriate and meet the highest European or International standards, pursuant to Article 34.
Amendment 968 #
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article 12a Child impact assessment 1. All providers must assess whether their services are accessed by, likely to be accessed by or impact on children. Providers of services likely to be accessed by or impact on children shall identify, analyse and assess, during the design and development of new services, on an ongoing basis and at least once a year thereafter, any systemic risks stemming from the functioning and use made of their services in the Union by children. These risk impact assessments shall be specific to their services, meet the highest European or International standards detailed in Article 34, and shall consider all known content, contact, conduct or commercial risks included in the contract. Assessments should also include the following systemic risks: (a) the dissemination of illegal content or behaviour enabled, manifested on or as a result of their services; (b) any negative effects for the exercise of the rights of the child, as enshrined in Article 24 of the Charter and the UN Convention on the Rights of the Child, and detailed in the United Nations Committee on the Rights of the Child General comment No.25 as regards the digital environment; (c) any intended or unintended consequences resulting from the operation or intentional manipulation of their service, including by means of inauthentic use or automated exploitation of the service, with an actual or foreseeable negative effect on the protection or rights of children; 2. When conducting child impact assessments, providers of intermediary services likely to impact children shall take into account, in particular, how their terms and conditions, content moderation systems, recommender systems and systems for selecting and displaying advertisement influence any of the systemic risks referred to in paragraph 1, including the potentially rapid and wide dissemination of illegal content and of information that is incompatible with their terms and conditions or with the rights of the child.
Amendment 992 #
Proposal for a regulation
Article 13 – paragraph 1 – point d
Article 13 – paragraph 1 – point d
(d) the number of complaints received through the internal complaint-handling system referred to in Article 17, the age of complainants (if children), the basis for those complaints, decisions taken in respect of those complaints, the average time needed for taking those decisions and the number of instances where those decisions were reversed.
Amendment 997 #
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. Providers of intermediary services that impact on children shall publish, at least once a year: (a) child impact assessments to identify known harms, unintended consequences and emerging risk. The child impact assessments must comply with the standards outlined in Article 34; (b) clear, easily comprehensible and detailed reports outlining the child risk mitigation measures undertaken, their efficacy and any outstanding actions required. These reports must comply with the standards outlined in Article 34, including as regards age assurance and age verification, in line with a child- centred design.
Amendment 1049 #
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 particularsuch as the exact URL or URLs, and, where necessary, additional information enabling the identification of the illegal content;
Amendment 1111 #
Proposal for a regulation
Article 15 – paragraph 2 – point d
Article 15 – paragraph 2 – point d
(d) where the decision concerns allegedly illegal content, a reference to the legal ground relied on and explanations as to why the information is considered to be illegal content on that ground; including explanations in relation to the arguments submitted under Article 14, paragraph 2a, where relevant.
Amendment 1115 #
Proposal for a regulation
Article 15 – paragraph 2 – point f
Article 15 – paragraph 2 – point f
(f) information on the redress possibilities available to the recipient of the service in respect of the decision, in particular through internal complaint- handling mechanisms, out-of-court dispute settlement and judicial redress, which may be sought in the Member State of establishment of the provider of the service and/or in the Member State of establishment of the recipient of the service who provided the content.
Amendment 1178 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Online platforms shall ensure that their internal complaint-handling and redress systems are easy to access, and user-friendly, including for children, and enable and facilitate the submission of sufficiently precise and adequately substantiated complaints.
Amendment 1209 #
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – introductory part
Article 18 – paragraph 2 – subparagraph 1 – introductory part
2. The Digital Services Coordinator of the Member State where the out-of-court dispute settlement body is established shall, at the request of that body, certify the body, where the body hasand persons in charge of the out-of-court body have demonstrated that it meets all of the following conditions: (a) it is impartial and independent of online platforms and recipients of the service provided by the online platforms and, without undue delay disclose to the out-of-court dispute settlement body any circumstances that may, or may be seen to, affect their independence and impartiality or give rise to a conflict of interest with either party to the dispute they are asked to resolve. The obligation to disclose such circumstances shall be a continuing obligation throughout the out- of-court dispute settlement procedure; (aa) it is not subject to any instructions from either party or their representatives; (ab) it is remunerated in a way that is not linked to the outcome of the procedure;
Amendment 1240 #
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 2
Article 18 – paragraph 2 – subparagraph 2
The Digital Services Coordinator shall, where applicable, specify in the certificate the particular issues to which the body’s expertise relates and the official language or languages of the Union in which the body is capable of settling disputes, as referred to in points (b) and (d) of the first subparagraph, respectively. The Digital Services Coordinator shall conduct regular checks with the certified bodies to ensure that the out-of-court resolution body comply with the requirements listed under paragraph 2a on an ongoing basis.
Amendment 1245 #
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 1
Article 18 – paragraph 3 – subparagraph 1
If the body decides the dispute in favour of the recipient of the service, the online platform shall reimburse the recipient for any fees and other reasonable expenses that the recipient has paid or is to pay in relation to the dispute settlement. If the body decides the dispute in favour of the online platform, the recipient shall not be required to reimburse any fees or other expenses that the online platform paid or is to pay in relation to the dispute settlement. 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 should not exceed a nominal fee.
Amendment 1250 #
Proposal for a regulation
Article 18 – paragraph 3 a (new)
Article 18 – paragraph 3 a (new)
3a. Certified out-of-court dispute settlement bodies shall adopt a decision seeking to resolve the dispute no later than 90 calendar days starting on the date on which the certified body has received the complaint. 3b. Certified out-of-court dispute settlement bodies shall draw up annual reports listing the number of complaints received annually, the outcomes of the decisions delivered, any systematic or sectoral problems identified, and the average time taken to resolve the disputes.
Amendment 1378 #
Proposal for a regulation
Article 22 – paragraph 1 – point a
Article 22 – paragraph 1 – point a
(a) the name, address, telephone number and electronic mail address of the trader; and as required under Union or Member State law, of the authorised representative of the trader.
Amendment 1396 #
Proposal for a regulation
Article 22 – paragraph 1 – point f a (new)
Article 22 – paragraph 1 – point f a (new)
(fa) information and documentation about products and services required by Union, Member State law or relevant technical standards and specifications, including product safety requirements.
Amendment 1402 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The online platform shall, upon receiving that information, and prior to allowing traders to use its services, make reasonable efforts to assessverify whether the information referred to in points (a), (d) and (e) of paragraph 1 is reliablaragraph 1 is reliable, complete and up-to-date through the use of any freely accessible official online database or online interface made available by a Member States or the Union, by data processed by the online platform, or through requests to the trader to provide supporting documents from reliable sources. Online platforms covered under this Article shall verify the information listed in paragraph 1 from traders that already use their services prior to the entry into force and application of this Regulation.
Amendment 1415 #
Proposal for a regulation
Article 22 – paragraph 3 – subparagraph 1
Article 22 – paragraph 3 – subparagraph 1
Where the online platform obtains indications, or has sufficient reason to believe, that any item of information referred to in paragraph 1 obtained from the trader concerned is inaccurate or incomplete, that platform shall request the trader to correct the information in so far as necessary to ensure that all information is accurate and complete, without delay or within the time period set by Union and national law.
Amendment 1423 #
Proposal for a regulation
Article 22 – paragraph 3 – subparagraph 2 a (new)
Article 22 – paragraph 3 – subparagraph 2 a (new)
In addition, the platforms covered under this obligation shall conduct random checks on the products and services traders offer on their online interfaces or parts thereof. These shall include but shall not be limited to regular and meaningful mystery shopping exercises and visual inspections.
Amendment 1431 #
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
4. The online platform shall store the information obtained pursuant to paragraph 1 and 2 in a secure manner for the duration of their contractual relationship with the trader concerned. They shall subsequently delete the information, without prejudice to sector-specific legislation with longer storage requirements.
Amendment 1450 #
Proposal for a regulation
Article 22 – paragraph 7
Article 22 – paragraph 7
7. The online platform shall design and organise its online interface in a way that enables themselves and traders to comply with their obligations regarding pre-contractual information and product safety information under applicable Union lawunder applicable Union and Member State law on consumer protection, including on product safety. Traders that do not fulfil their obligations under consumer and product safety legislation should be suspended and, as a last resort, not allowed on the platform. The online platform shall not subvert or impair consumers’ autonomy, decision-making, or choice via the structure, function or manner of operation of their online interface or a part thereof.
Amendment 1458 #
Proposal for a regulation
Article 22 a (new)
Article 22 a (new)
Amendment 1509 #
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
2. The profiling of children for commercial purposes, including targeted or pernolised advertising, is prohibited in compliance with the industry-standards laid down in Article 34 and Regulation (EU) 2016/679.
Amendment 1826 #
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 aiming at consistency and coherence with existing harmonised accessibility requirements when these elements and functions are not already covered by existing harmonised European standards
Amendment 1903 #
Proposal for a regulation
Article 37 – paragraph 4 – point f a (new)
Article 37 – paragraph 4 – point f a (new)
(fa) measures to ensure accessibility for persons with disabilities during implementation of crisis protocols, including by providing accessible description about these protocols