26 Amendments of Marion WALSMANN related to 2020/2018(INL)
Amendment 73 #
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Emphasises that any new framework in field of the digital services must be manageable for European start- ups and SMEs and should therefore include proportionate obligations and clear safeguards for all sectors;
Amendment 78 #
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Stresses the importance to extend the territorial scope of the Digital Services Act to cover also the activities of digital service providers established in third countries as long as they offer their services in the EU. Suggests that where intermediaries are established in a third country, they should designate a legal representative, established in the Union, who can be held accountable for the products or services they offer;
Amendment 103 #
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 promote the growth of European small- scale platforms, small and medium enterprises (SMEs), micro companies, entrepreneurs 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 198 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that the COVID-19 pandemic has shown how vulnerable EU consumers are to misleading trading practices by dishonest traders selling fake or illegal products online that are not compliant with Union safety rules or imposing unjustified and abusive price increases or other unfair conditions on consumers and therefore stresses the urgent need to set up clear rules in order to enhance consumer protection;
Amendment 207 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that this problem is aggravated by the fact that often the identity of these companies cannot be establishfraudulent companies and individuals cannot be established; and therefore, consumers cannot seek compensation for the damages and losses experienced;
Amendment 221 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. ConsidersIs convinced 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 strengthened;
Amendment 249 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
Amendment 285 #
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; considers it essential that automatic decision-making systems do not generate unfairly biased outputs for consumers in the single market; believes that it should be always possible for consumers to be properly informed about interacting with automated decision-making, and about how to reach a human with decision- making powers 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 344 #
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Believes that where intermediaries are established in a third country, they should designate a legal representative, established in the Union, who can be held accountable for the products they offer;
Amendment 392 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Notes that while online platforms, such as online market places, have benefited both retailers and consumers by improving choice and lowering prices, at the same time, they have allowed sellers, in particular from third countries, to offer products which often do not comply with Union rules on product safety and do not sufficiently guarantee consumer rights; stresses, in this context, the need for a possibility to always identify manufacturers and sellers of products from third countries; underlines that if one of the services provided by a platform can be considered a marketplace ("hybrid platforms"), the rules should fully apply to that part of the business; and asks the online marketplaces to enhance their cooperation by exchanging information on the seller of these products with the market surveillance and the custom authorities;
Amendment 405 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Stresses that it is unacceptable that Union consumers are exposed to illegal and unsafe products, containing dangerous chemicals, as well as other safety hazards and, therefore. asks the Commission to increase the responsibility of online marketplaces selling non-food consumer products as outlined in the annex;
Amendment 440 #
Motion for a resolution
Paragraph 27
Paragraph 27
27. Notes that, today, some markets are characterised by large platforms with significant network effects which are able to act as de facto “online gatekeepers” of the digital economy and asks the Commission to analyse the consequences this has for consumers, SMEs and the Single Market;
Amendment 475 #
Motion for a resolution
Paragraph 30
Paragraph 30
Amendment 480 #
Motion for a resolution
Paragraph 30
Paragraph 30
30. Considers that a central regulatory authority should be established which should be responsible for the oversight and compliance with the Digital Services Act and have supplementary powers to tackle cross-border issues; it should be entrusted with strong investigation and enforcement powers; stresses that cooperation between national as well as other Member States’ authorities, civil society and consumer organisations is of utmost importance for achieving effective enforcement;
Amendment 490 #
Motion for a resolution
Paragraph 31
Paragraph 31
31. Takes the view that the central regulatory authority should prioritise cooperation between Member States toCommission should address complex cross-border issues by working in close cooperation with a network of independent National Enforcement Bodies (NEBs);
Amendment 619 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 2 a (new)
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 2 a (new)
- Measures to address the problem of fake profiles of users and service providers should be explored by the Commission. Information society service providers and users should be identifiable by authorities if needed; this would be the case if they commit an illegal activity online. The Commission should come up with measures that allow judiciary authorities to identify and catch in a very agile way those users that carry out illegal activities (to protect both, users and platforms), while preserving the data protection rights of each user. The creation of a digital identity could be a solution to this challenge.
Amendment 649 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 3 – indent 3 a (new)
Annex I – part IV – paragraph 1 – subheading 3 – indent 3 a (new)
- The transparency requirements should also apply to targeted adverts; criteria for profiling targeted groups and optimisation of advertising campaigns must be made clear to verify any abuse. Users should be aware and have previously given their consent if they are going to receive targeted adverts;
Amendment 651 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 3 – indent 3 b (new)
Annex I – part IV – paragraph 1 – subheading 3 – indent 3 b (new)
- Specific requirements in regard to behavioural advertising, including micro targeting, should be introduced in order to protect public interest; behavioural advertising based on certain characters, i.e. exposing mental or physical vulnerabilities, should not be allowed at all, while some other characteristics should be allowed only under the opt-in condition by the users;
Amendment 751 #
Motion for a resolution
Annex I – part V – paragraph 2 – indent 11
Annex I – part V – paragraph 2 – indent 11
- create an obligation for the online intermediaries to verify the notified content and reply in a timely manner to the notice provider and the content uploader with a reasoned decision;
Amendment 811 #
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 3
Annex I – part VI – paragraph 2 – indent 3
- ensure that online marketplaces make it clear into which country the products are sold or services are being provided, regardless whether they are provided by that marketplace, a third party or a seller established inside or outside the Union;
Amendment 816 #
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 4
Annex I – part VI – paragraph 2 – indent 4
- ensure that online marketplaces remove quickly any misleading information given by the supplier or by customers, including misleading guarantees and statements made by the supplier;
Amendment 818 #
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 4 a (new)
Annex I – part VI – paragraph 2 – indent 4 a (new)
- ensure that online marketplaces foresee an easy to find specific contact point for consumers and national authorities for the notice of unsafe goods on their website;
Amendment 819 #
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 4 b (new)
Annex I – part VI – paragraph 2 – indent 4 b (new)
- ensure that online marketplaces have to check if a product is on the Union Rapid Alert System for dangerous non- food products (Rapex) before placing it on their website;
Amendment 827 #
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 5 a (new)
Annex I – part VI – paragraph 2 – indent 5 a (new)
- oblige online marketplaces to exchange information on repeat offenders and to take measures to avoid that goods taken down from one website reappear on other online marketplaces;
Amendment 829 #
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 6
Annex I – part VI – paragraph 2 – indent 6
- oblige online marketplaces to inform consumers of any safety issues and ofto enhance cooperation with national authorities and consumer associations on recalls and take any action required to ensure that recalls are carried out effectively;
Amendment 849 #
Motion for a resolution
Annex I – part VII – paragraph 1
Annex I – part VII – paragraph 1
The Digital Services Act should put forward a proposal to ensure that the systemic role of specific online platforms will not endanger the internal market by unfairly excluding innovative new entrants, including SMEs., entrepreneurs and start- ups, creating market failures;