42 Amendments of Jörgen WARBORN related to 2020/0361(COD)
Amendment 12 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2 a) Complex regulatory requirements both on Union and Member State level have contributed to high administrative costs and legal uncertainty for intermediary servicesoperating on the internal market, especially small and medium sized companies.
Amendment 21 #
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 or videos, online stalking, the sale of non- compliant or, counterfeit productor illegal products, sale of illegal short-term rentals, 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 25 #
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 target illegal practises and aim in particular to guarantee different public policy objectives such as 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 27 #
Proposal for a regulation
Recital 37
Recital 37
(37) Providers of intermediary services that are established in a third country that offer services in the Union should designate a sufficiently mandated legal representative in the Union and provide information relating to their legal representatives, so as to allow for the effective oversight and, where necessary, enforcement of this Regulation in relation to those providers. It should be possible for the legal representative to also function as point of contact, provided the relevant requirements of this Regulation are complied with. Nothing in this Regulation prohibits the providers of intermediary services from establishing collective representation or obtaining the services of a legal representative by other means, including contractual ones, provided that the legal representative can fulfill the role assigned to it in this Regulation. Providers of intermediary services that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC, and who have been unsuccessful in obtaining the services of a legal representative after reasonable effort, should be able to request that the Digital Service Coordinator of the Member State where the enterprise intends to establish a legal representative facilitates further cooperation and recommends possible solutions, including possibilities for collective representation.
Amendment 30 #
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 or medium 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 and medium 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 33 #
Proposal for a regulation
Recital 46
Recital 46
(46) Action against illegal content can be taken more quickly and reliably where online platforms take the necessary measures to ensure that notices submitted by trusted flaggers through the notice and action mechanisms required by this Regulation are treated with priority, depending on the severity of the illegal activity, without prejudice to the requirement to process and decide upon all notices submitted under those mechanisms in a timely, diligent and objective manner. Such trusted flagger status should only be awarded to entities, and not individuals, that have demonstrated, among other things, that they have particular expertise and competence in tackling illegal content, that they represent collective interests and that they work in a diligent and objective manner. Such entities can be public in nature, such as, for terrorist content, internet referral units of national law enforcement authorities or of the European Union Agency for Law Enforcement Cooperation (‘Europol’) or they can be non-governmental organisations and semi- public bodies, such as the organisations part of the INHOPE network of hotlines for reporting child sexual abuse material and organisations committed to notifying illegal racist and xenophobic expressions online. For intellectual property rights, organisations of industry and of right- holders could be awarded trusted flagger status, where they have demonstrated that they meet the applicable conditions. The rules of this Regulation on trusted flaggers should not be understood to prevent online platforms from giving similar treatment to notices submitted by entities or individuals that have not been awarded trusted flagger status under this Regulation, from otherwise cooperating with other entities, in accordance with the applicable law, including this Regulation and Regulation (EU) 2016/794 of the European Parliament and of the Council.43 _________________ 43Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA, OJ L 135, 24.5.2016, p. 53
Amendment 40 #
Proposal for a regulation
Recital 52
Recital 52
(52) Online advertisement plays an important role in the online environment, including in relation to the provision of the services of online platforms. However, online advertisement can contribute to significant risks, ranging from advertisement that is itself illegal content, to contributing to financial incentives for the publication or amplification of illegal or otherwise harmful content and activities online, or the discriminatory display of advertising with an impact on the equal treatment and opportunities of citizens. In addition to the requirements resulting from Article 6 of Directive 2000/31/EC, online platforms should therefore be required to ensure that the recipients of the service have certain individualised information necessary for them to understand when and on whose behalf the advertisement is displayed. In addition, recipients of the service should have information on the main parameters used for determining that specific advertising is to be displayed to them, providing meaningful explanations of the logic used to that end, including when this is based on profiling. The requirements of this Regulation on the provision of information relating to advertisement is without prejudice to the application of the relevant provisions of Regulation (EU) 2016/679, in particular those regarding the right to object, automated individual decision- making, including profiling and specifically the need to obtain consent of the data subject prior to the processing of personal data for targeted advertising. Similarly, it is without prejudice to the provisions laid down in Directive 2002/58/EC in particular those regarding the storage of information in terminal equipment and the access to information stored therein.;
Amendment 56 #
Proposal for a regulation
Recital 70 a (new)
Recital 70 a (new)
(70 a) The Commission shall encourage and facilitate the drawing up of codes of conduct at Union level between online short term rental platforms and short term rental service providers.
Amendment 60 #
Proposal for a regulation
Recital 81
Recital 81
(81) In order to ensure effective enforcement of this Regulation, individuals or representative organisations and parties with a legitimate interest should be able to lodge any complaint related to compliance with this Regulation with the Digital Services Coordinator in the territory where they received the service, without prejudice to this Regulation’s rules on jurisdiction. Complaints should provide a faithful overview of concerns related to a particular intermediary service provider’s compliance and could also inform the Digital Services Coordinator of any more cross-cutting issues. The Digital Services Coordinator should involve other national competent authorities as well as the Digital Services Coordinator of another Member State, and in particular the one of the Member State where the provider of intermediary services concerned is established, if the issue requires cross- border cooperation.
Amendment 71 #
Proposal for a regulation
Article 1 – paragraph 2 – point b a (new)
Article 1 – paragraph 2 – point b a (new)
(b a) facilitate innovations, support digital transition, encourage economic growth and create a level playing field for digital services within the internal market.
Amendment 78 #
Proposal for a regulation
Article 2 – paragraph 1 – point f – indent 3
Article 2 – paragraph 1 – point f – indent 3
— a ‘hosting’ information society service that consists of the storage of digital information provided by, and at the request of, a recipient of the service, unless that activity is an ancillary feature of another service and, for objective and technical reasons cannot be used without that other service;
Amendment 79 #
Proposal for a regulation
Article 2 – paragraph 1 – point h a (new)
Article 2 – paragraph 1 – point h a (new)
(h a) ‘short term rental’ means a furnished accommodation for residential use that is repeatedly let for short periods against consideration, including on a non-professional basis, to a transient clientele which does not take up residence there, and that does not constitute the lessor's main residence.
Amendment 101 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Providers of intermediary services shall not be deemed ineligible for the exemptions from liability referred to in Articles 3, 4 and 5 solely because they carry outtake the necessary voluntary own-initiative investigations or other activities aimed at measures for detecting, identifying and removing, or disabling of access to, illegal content, or take the necessary measures to comply with the requirements of Union law, including those set out in this Regulation.
Amendment 130 #
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2 a. Providers of intermediary services that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC, and who have been unsuccessful in obtaining the services of a legal representative after reasonable effort, shall be able to request that the Digital Service Coordinator of the Member State where the enterprise intends to establish a legal representative facilitates further cooperation and recommends possible solutions, including possibilities for collective representation.
Amendment 133 #
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, small or medium-sized enterprises (SMEs) within the meaning of the Annex to Recommendation 2003/361/EC. In addition, paragraph 1 shall not apply to enterprises that previously qualified for the status of a medium-sized, small or microenterprise within the meaning of the Annex to Recommendation 2003/361/EC during the twelve months following their loss of that status pursuant to Article 4(2) thereof.
Amendment 134 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Notices that include the elements referred to in paragraph 2 shall be considered to give rise to actual knowledge or awareness for the purposes of Article 5 in respect of the specific item of information concerned, if the illegality of the specific item of information is sufficiently precise and adequately substantiated based on the assessment of the provider.
Amendment 136 #
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. Providers of hosting services shall, where the information provided is sufficiently clear, 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. 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.
Amendment 138 #
Proposal for a regulation
Article 14 – paragraph 6 a (new)
Article 14 – paragraph 6 a (new)
6 a. Paragraphs 2, 4 and 5 shall not apply to providers of intermediary services that qualify as micro, small or medium- sized enterprises (SMEs) within the meaning of the Annex to Recommendation2003/361/EC. In addition, paragraph 2 and 4-5 shall not apply to enterprises that previously qualified for the status of a medium-sized, small or microenterprise within the meaning of the Annex to Recommendation 2003/361/EC during the twelve months following their loss of that status pursuant to Article 4(2) thereof.
Amendment 139 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Where a provider of hosting services decides to remove or disable access to specific items of information provided by the recipients of the service, irrespective of the means used for detecting, identifying or removing or disabling access to that information and of the reason for its decision, it shall inform the recipient, at the latest at the time of the without undue delay and at latest within 24 hours after such removaling or disabling of access, of the decision and provide a clear and specific statement of reasons for that decision.
Amendment 140 #
Proposal for a regulation
Article 15 – paragraph 2 – point b
Article 15 – paragraph 2 – point b
(b) the facts and circumstances relied on in taking the decision, including where relevant whether the decision was taken pursuant to a notice submitted in accordance with Article 14;
Amendment 141 #
Proposal for a regulation
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4 a. Paragraphs 2, 3 and 4 shall not apply to providers of intermediary services that qualify as micro, small or medium- sized enterprises (SMEs)within the meaning of the Annex to Recommendation 2003/361/EC. In addition, those paragraphs shall not apply to enterprises that previously qualified forthe status of a medium-sized, small or microenterprise within the meaning of the Annex to Recommendation 2003/361/EC during the twelve months following their loss of that status pursuant to Article 4(2) thereof.
Amendment 142 #
Proposal for a regulation
Article 16 – title
Article 16 – title
Exclusion for micro and, small and medium enterprises
Amendment 143 #
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, small or medium-sized enterprises (SMEs) within the meaning of the Annex to Recommendation2003/361/EC. This Section shall not apply to enterprises that previously qualified for the status of a medium-sized, small or microenterprise within the meaning of the Annex to Recommendation 2003/361/EC during the twelve months following their loss of that status pursuant to Article 4(2) thereof.
Amendment 144 #
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 or medium enterprises within the meaning of the Annex to Recommendation 2003/361/EC.
Amendment 145 #
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) decisions to remove, restrict or disable access to the information;
Amendment 153 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Online platforms shall take the necessary technical and organisational measures to ensure that notices submitted by trusted flaggers within their designated area of expertise through the mechanisms referred to in Article 14, are processed and decided upon with priority and without delay depending on the severity of the illegal activity. The obligation to prioritise notices submitted by trusted flaggers shall be without prejudice to other notices, when the trustworthiness, severity and urgency of these notices can be considered exceptional.
Amendment 162 #
Proposal for a regulation
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
1. Where an online platform allows consumers to conclude distance contracts with professional traders, it shall ensure that traders can only use its services to promote messages on or to offer products or services to consumers located in the Union if, prior to the use of its services, the online platform has obtained the following information:
Amendment 165 #
Proposal for a regulation
Article 22 – paragraph 1 – point c
Article 22 – paragraph 1 – point c
Amendment 169 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The online platform shall, upon receiving that information, make reasonable efforts to assess whether the information referred to in points (a), (d) and (e) of paragraph 1 is reliable through the use of any freely accessible official online database or online interface made available by a Member States or the Union or through requests to the trader to provide supporting documents from reliable sources in a way that does not result in costly active fact-finding exercises.
Amendment 171 #
Proposal for a regulation
Article 22 – paragraph 3 – introductory part
Article 22 – paragraph 3 – introductory part
3. Where the online platform obtains indications that any item of information referred to in paragraph 1 or a visual representation or description thereof 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 189 #
Proposal for a regulation
Article 24 – paragraph 1 – point c
Article 24 – paragraph 1 – point c
Amendment 196 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
Amendment 221 #
Proposal for a regulation
Article 36 a (new)
Article 36 a (new)
Article 36 a Code of conduct for short-term rental platforms The Commission shall encourage and facilitate the drawing up of codes of conduct at Union level between online short term rental platforms and short term rental service providers.
Amendment 228 #
Proposal for a regulation
Article 38 – paragraph 3 – subparagraph 1
Article 38 – paragraph 3 – subparagraph 1
Member States shall make publicly available, and communicate to the Commission and the Board, the name of their competent authority designated as Digital Services Coordinator and information on how it can be contacted. The Commission should provide guidance to Member States to ensure a consistent approach on how national, local and regional authorities should relate to their Digital Services Coordinators.
Amendment 230 #
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. Member States shall ensure that their Digital Services Coordinators perform their tasks under this Regulation in an impartial, transparent and timely manner. Member States shall ensure that their Digital Services Coordinators have adequatenecessary technical, financial and human resources to carry out their tasks. Such resources could include - and not be limited to - access to training and regular exchanges with the service provider to understand the specificities of their business model.
Amendment 233 #
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. When carrying out their tasks and exercising their powers in accordance with this Regulation, the Digital Services Coordinators shall act with complete independence. They shall remain free from any external influence, whether direct or indirect, and shall neither seek norot take instructions from any other public authority or any private party. Digital Services Coordinators should be able to seek information from a public authority or private party if it deems it necessary to carry its role and power and still maintain its independence and neutrality.
Amendment 239 #
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
Recipients of the service, representative organisations and other parties with a legitimate interest, shall have the right to lodge a complaint against providers of intermediary services alleging an infringement of this Regulation with the Digital Services Coordinator of the Member State where the recipient resides or is established. The Digital Services Coordinator shall assess the complaint and, where appropriate, transmit it to the Digital Services Coordinator of establishment. Where the complaint falls under the responsibility of another competent authority in its Member State, the Digital Service Coordinator receiving the complaint shall transmit it to that authority.
Amendment 242 #
Proposal for a regulation
Article 48 – paragraph 3
Article 48 – paragraph 3
3. The Board shall be chaired and guided by the Commission. The Commission 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 243 #
Proposal for a regulation
Article 48 – paragraph 4
Article 48 – paragraph 4
4. The Commission shall provide administrative and analytical support for the activities of the Board pursuant to this Regulation. The Board shall respect and take into account Commission’s, as Digital Single Market guardian’s, guidance and analytical support into its decisions.
Amendment 244 #
Proposal for a regulation
Article 49 – paragraph 1 – point c
Article 49 – paragraph 1 – point c
(c) issueas and when requested by a Digital Services Coordinator, issue non-legally binding opinions, and recommendations or advice to Digital Services Coordinators in accordance with, in discussion with all involved stakeholders, which serve as a way to remedy the problem and ensure a consistent enforcement of this Regulation;.
Amendment 245 #
Proposal for a regulation
Article 49 – paragraph 1 – point e a (new)
Article 49 – paragraph 1 – point e a (new)
(e a) responsible for ensuring that the conditions for country-of-origin derogation are interpreted strictly and narrowly to ensure consistent application of this Regulation.
Amendment 271 #
Proposal for a regulation
Article 74 – paragraph 2 – introductory part
Article 74 – paragraph 2 – introductory part
2. It shall apply from [date - threwelve months after its entry into force].