26 Amendments of Arba KOKALARI related to 2020/2018(INL)
Amendment 42 #
Motion for a resolution
Recital D
Recital D
D. whereas the social and economic challenges brought by the COVID-19 pandemic are showing the resilience of the e-commerce sector and its potential as a driver for relaunching the European economy; whereas, at the same time, the pandemic has also exposed serious shortcomings of the current regulatory framework which call for action at Union level to address the difficulties identified and to prevent them from happening in the futureinadequate compliance with the consumer protection acquis in some areas, such as passenger rights;
Amendment 65 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Commission, in drafting the Digital Services Act, to take into account legislation covering digital services which has not yet taken effect, such as Regulation 2019/1150 on promoting fairness and transparency for business users of online intermediation services and Directive 2019/790 on copyright and related rights in the digital single market and amending Directives 96/9/EC and 2001/29/EC;
Amendment 68 #
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Stresses that inadequate compliance with current legislation in the digital sector contributes to fragmentation of the internal market and creates uncertainty for consumers; calls on the Commission to take steps to improve compliance with legislation in the digital economy in parallel with the development of new legislation;
Amendment 70 #
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Calls on the Commission to propose the Digital Services Act as a regulation to reduce the risk of fragmentation of the digital single market;
Amendment 102 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that a future-proof, comprehensive EU-level framework and fair competition are crucial in order to increase exchanges of services between Member States, promote the growth of European small- scale platforms, small and medium enterprises (SMEs) and start-ups, prevent market fragmentation and provide European businesses with a level playing field that enables them to better profit from the digital services market and be more competitive on the world stage;
Amendment 122 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Takes the view that a level playing field in the internal market between the platform economy and the "traditional" offline economy, based on the same rights and obligations for all interested parties – consumers and businesses – is needed; considers that social protection and social rights of workers, especially ofmployed by platforms or collaborative economy workers should be properly addressed in a specific instrument, accompanying the future regulatory frameworkregulated independently by Member States;
Amendment 167 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that information society services providers, and in particular online platforms and social networking sites –' because of their, have a wide-reaching ability to reach and influence broader audiences, behaviour, opinions, and practices – bear significant social responsibility in terms of protecting users and society at large and preventing their services from being exploited abusively.. calls on the Commission, therefore, to pay particular attention to fundamental rights such as freedom of expression and freedom of the press in drafting the Digital Services Act;
Amendment 210 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that this problem is aggravated by the fact that oftendifficulties in establishing the identity of these companies cannot be establishedresponsible for irregularities;
Amendment 219 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that the current transparency and information requirements set out in the E-Commerce Directive on information society services providers and their business customers, and the minimum information requirements on commercial communications, should be substantially strengthenedtrengthened in parallel with measures to increase compliance with existing rules;
Amendment 229 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to require service providers to verify the information and identity of the business partnerundertakings with whomich they have a contractual commercial relationship, and regularly conduct random monitoring to ensure that the information they provide is accurate and up-to-date; stresses the importance of proportionality in the formulation of such legislation, so as not to harm the competitiveness of SMEs and microenterprises;
Amendment 244 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission to introduce proportionate, enforceable obligations on internet service providers aimed at increasing transparency and information; considers that these obligations should be enforced by appropriate, effective and dissuasive penalties;
Amendment 261 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses that existing obligations, set out in the E-Commerce Directive and the Directive 2005/29/EC of the European Parliament and of the Council (‘Unfair Commercial Practices Directiveʼ)3 on transparency of commercial communications and digital advertising should be strengthened; points out thatcalls on the Commission to assess the need for further action to address pressing consumer protection concerns about profiling, targeting and personalised pricing cannot be addressed by transparency obligations and left to consumer choice alone; __________________ 3 Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (OJ L 149, 11.6.2005, p. 22).
Amendment 277 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Believes that while AI-driven services, currently governed by the E- commerce Directive, have enormous potential to deliver benefits to consumers and service providers, the new Digital Services Act should also address the challenges they present in terms of ensuring non-discrimination, transparency and explainability of algorithms, as well as liability; points out the need to monitor algorithms and to assess associated risks, to use high quality and unbiased datasets, as well as to help individuals acquire access to diverse content, opinions, high quality products and serviceensure that AI services used in high-risk sectors such as healthcare and transport are marked by a high standard of security, transparency and data protection by introducing risk assessment and screening systems;
Amendment 292 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers that consumers should be properly informed and their rights should be effectively guaranteed when they interact with automated decision-making systems and other innovative digital services or applications; believes that it should be possible, in situations where it is proportionate and relevant, for consumers to request checks and corrections of possible mistakes resulting from automated decisions, as well as to seek redress for any damage related to the use of automated decision-making systems;
Amendment 417 #
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the Commission to remedy the current legal loophole which allows suppliers established outside the Uniontake measures to improve compliance with legislation by platforms established outside the Union and remedy the current legal loophole which allows these platforms to sell products online to European consumers which do not comply with Union rules on safety and consumer protection, without being sanctioned or liable for their actions and leaving consumers with no legal means to enforce their rights or being compensated by any damages;
Amendment 455 #
Motion for a resolution
Paragraph 28
Paragraph 28
28. Considers that by reducing barriers to market entry and by regulating large platforms, an internal market instrument imposing ex-ante regulatory remedies on these large platforms has the potential to open up markets to new entrants, including SMEs and start-ups, thereby promoting consumer choice and driving innovation beyond what can be achieved by the existing competition law enforcement alone;
Amendment 563 #
Motion for a resolution
Annex I – part II – paragraph 4
Annex I – part II – paragraph 4
The Digital Services Act should maintain the possibility for Member States to set a higher level of consumer protection and pursue legitimate public interest objectives in accordance with EU lawbe proposed as a regulation to ensure the highest possible degree of harmonisation and to reduce the risk of fragmentation of the internal market;
Amendment 566 #
Motion for a resolution
Annex I – part II – paragraph 6
Annex I – part II – paragraph 6
The Digital Services Act should also clarify in a coherent way how its provisions interact with recently adopted rules on geo-blocking, product safety, and consumer protection among otherslinks between platforms and undertakings, market surveillance and consumer protection among others; future initiatives such as the regulation of AI should also be taken into account;
Amendment 576 #
Motion for a resolution
Annex I – part III – paragraph 1 – indent 2
Annex I – part III – paragraph 1 – indent 2
- clarify the nature of the content hosting intermediaries (text, images, video, or audio content) on the one hand, and commercial online marketplaces (selling physical goods or services) on the other;
Amendment 607 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 1
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 1
- the information requirements in Article 5 of the E-Commerce Directive should be reinforced and the “Know Your Business Customer” principle should be introduced; services providers should verify the identity of their business partners, including their company registration number or any equivalent means of identification including, if necessary, the verified national identity of their ultimate beneficial owner; by obtaining sufficient information to be able to hold them liable for breaches of applicable consumer legislation. that information should be accurate and up-to- date, and service providers should not be allowed to provide their services when the identity of their business customer is false, misleading or otherwise invalid;conduct regular spot checks to detect inaccurate data.
Amendment 615 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 2
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 2
- that measure should apply only to contractual business-to-business relationships and should be without prejudice to the rights of users under the GDPR, as well as the right to internet anonymity or being an unidentified user; the new general information requirements should review and further enhance Articles 5 and 10 of the E-Commerce Directive in order to align those measures with the information requirements established in recently adopted legislation, in particular the Unfair Contract Terms Directive5 , the Consumer Rights Directive and the Platform to Business Regulation. __________________ 5 Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, most recently amended by Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council as regards the better enforcement and modernisation of Union consumer protection rules (OJ L 328, 18.12.2019, p. 7).
Amendment 638 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 5
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 5
- to specify clearly and unambiguously in their contract terms and general conditions the exactmain parameters of their AI systems and how they can affect the choice or behaviour of their users and the reasons and importance of those parameters as opposed to other parameterdetermining ranking and the reasons for the relative importance of these main parameters as compared to other parameters, in accordance with the Regulation on platform-to-business relations.
Amendment 663 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 1
Annex I – part IV – paragraph 1 – subheading 4 – indent 1
- establish comprehensive rules on non-discrimination, transparency, oversight and risk assessment of algorithms for AI- driven services in high-risk sectors in order to ensure a higher level of consumer protection;
Amendment 777 #
Motion for a resolution
Annex I – part V – paragraph 3 – introductory part
Annex I – part V – paragraph 3 – introductory part
The notice-and-action mechanisms should be transparent and available to any interested party; to that end, online intermediaries, except SMEs and microenterprises, should be obliged to publish annual reports with information on:
Amendment 854 #
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 1
Annex I – part VII – paragraph 2 – indent 1
- set up an ex-ante mechanism to prevent (instead of merely remedy) unfair market behaviour by “systemic platforms” in the digital world, building on the Platform to Business Regulation; such mechanism should allow regulatory authorities to impose remedies on these companies in order to address market failures, without the establishment of a breach of regulatory rules;
Amendment 913 #
Motion for a resolution
Annex I – part VIII – paragraph 5
Annex I – part VIII – paragraph 5