16 Amendments of Carmen AVRAM related to 2020/0374(COD)
Amendment 201 #
Proposal for a regulation
Recital 42
Recital 42
(42) The conditions under which gatekeepers provide online advertising services to business users including both advertisers and publishers are often non- transparent and opaque. This opacity is partly linked to the practices of a few platforms, but is also due to the sheer complexity of modern day programmatic advertising. The sector is considered to have become more non-transparent after the introduction of new privacy legislation, and is expected to become even more opaque with the announced removal of third-party cookies. This often leads to a lack of information and knowledge for advertisers and publishers about the conditions of the advertising services they purchased and undermines their ability to switch to alternative providers of online advertising services. Furthermore, the costs of online advertising are likely to be higher than they would be in a fairer, more transparent and contestable platform environment. These higher costs are likely to be reflected in the prices that business and end users pay for many daily products and services relying on the use of online advertising. Transparency obligations should therefore require gatekeepers to provide advertisers and publishers to whom they supply online advertising services, when requested and to the extent possible, with information that allows both sides to understand the price paid for each of the different advertising services provided as part of the relevant advertising value chain. This should include comprehensive information regarding the methodology for calculating any prices and fees and its application in relation to the respective bids submitted by an advertiser or publisher for each of the advertising intermediation services provided. Furthermore, the gatekeeper shall subject the auction-based matching of advertising demand and supply to regular independent audits to ascertain that the outcome of such auctions corresponds with the bids made and the fees charged reflect the pricing information provided by the gatekeeper.
Amendment 230 #
Proposal for a regulation
Recital 53
Recital 53
(53) The conditions under which gatekeepers provide online advertising services to business users including both advertisers and publishers are often non- transparent and opaque. This often leads to a lack of information for advertisers and publishers about the effect of a given ad. To further enhance fairness, transparency and contestability of online advertising services designated under this Regulation as well as those that are fully integrated with other core platform services of the same provider, the designated gatekeepers should therefore provide advertisers and publishers, when requested, with free of charge access to the performance measuring tools of the gatekeeper and the information necessary for advertisers, advertising agencies acting on behalf of a company placing advertising, as well as for publishers to carry out their own independent verification of the provision of the relevant online advertising services. This shall include data relating to all parameters used by the gatekeeper or services belonging to the same undertaking in the context of advertising intermediation services to determine the outcome of such intermediation and corresponding prices for ads or charges for any intermediation service provided either on the buy-side or the sell-side.
Amendment 350 #
Proposal for a regulation
Article 2 – paragraph 1 – point 23 a (new)
Article 2 – paragraph 1 – point 23 a (new)
(23 a) "Search result" means any information presented in any format, including texts, graphics, videos, voice or other output, returned in response and related to any written, oral or equivalent search query, irrespective of whether the information constitutes an organic result, a paid result, a direct answer or any product, service or information offered in connection with, or displayed along with, or partly or entirely embedded in the results interface.
Amendment 460 #
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) refrain from requiring business users to use, offer or interoperate with any ancillary identification service of the gatekeeper in the context of services offered by the business users using the core platform services of that gatekeeper;
Amendment 463 #
Proposal for a regulation
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
(f) refrain from requiring business users or end users to subscribe to or register with, register or use any other digital service as a condition to access, sign up, register to, or use any of their core platform services identified pursuant to Article 3 or which meetsing the thresholds inof Article 3 (2) (b) or as a condition to access, sign up or register to any of their core platform services identified pursuant to that Article; for obtaining a better price for the use of such core platform services or any product or services offered through such core platform;
Amendment 470 #
Proposal for a regulation
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
(g) provide advertisers and publishers to which it supplies advertising services, upon their request, with a comprehensive set of information concerning: (i) the price and its components, including any fees, surcharges or deductions, paid by the advertiser and publisher, as well as the amount or remuneration paid to the publisher, for the publishing of a given ad and for each of the relevant advertising services provided by the gatekeeper. advertising service provided by the gatekeeper; (ii) the methodology for the calculation of fees and surcharges, including its application to any bids submitted by the advertiser and publisher for each of the advertising service used; (iii) the outcome of an [annual] independent audit of the auctions for any matching of supply and demand for advertising.
Amendment 478 #
Proposal for a regulation
Article 5 – paragraph 1 – point g a (new)
Article 5 – paragraph 1 – point g a (new)
(g a) refrain from making the indexing, ranking or display of a business user in a core platform service dependent on this business user’s subscription to, registration to or use of any core platform service identified pursuant to Article 3 or meeting the thresholds in Article 3 (2) (b);
Amendment 484 #
Proposal for a regulation
Article 5 – paragraph 1 – point g b (new)
Article 5 – paragraph 1 – point g b (new)
(g b) in addition to the obligations pursuant to Regulation (EU) 2019/1150, ensure that the full chronology of the contracts concluded between the gatekeeper and a business user as well as any corresponding terms and conditions is easily available to that business user at all stages of the commercial relationship, including for at least five years following the end of the relationship;
Amendment 488 #
Proposal for a regulation
Article 5 – paragraph 1 – point g c (new)
Article 5 – paragraph 1 – point g c (new)
Amendment 510 #
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) refrain from treating more favourably in rankingcrawling, indexing, ranking or obtaining information regarding the criteria for such measures any services and products offered by the gatekeeper itself or by any third party belonging to the same undertakingparty, with which it has entered into an agreement, compared to similar services or products of third partyies and apply fair, reasonable and non- discriminatory conditions to such crawling, indexing and ranking;
Amendment 519 #
Proposal for a regulation
Article 6 – paragraph 1 – point d a (new)
Article 6 – paragraph 1 – point d a (new)
(d a) provide sufficient space in results pages of its core platform service for organic search results generated by a purely relevance-based intermediation service as compared to paid search results or own offerings generated by the gatekeeper, and shall clearly indicate the biased nature of the latter;
Amendment 521 #
Proposal for a regulation
Article 6 – paragraph 1 – point d b (new)
Article 6 – paragraph 1 – point d b (new)
(d b) refrain from imposing mechanisms or conditions that make the collection and combination of relevant data from end users or the obtaining of consent for the use of such data by a business user for the purpose of serving interest-based advertising within a core platform service more burdensome or difficult where the business user complies with all statutory requirements for such advertising, in particular under Regulation (EU) 2016/679;
Amendment 540 #
Proposal for a regulation
Article 6 – paragraph 1 – point g
Article 6 – paragraph 1 – point g
(g) provide advertisers and publishers, upon their request and free of charge, with access to the performance measuring tools of the gatekeeper and via a suitable interface high-quality, continuous and real-time access and use of all the information and data necessary for advertisers and publishers to carry out their own independent verification of the ad inventory, independent third parties, to effectively carry out their own independent measurement of the performance of their services and the intermediation services provided by the gatekeeper, including the verification of the provision of the relevant advertising services, the ad inventory and the attribution;
Amendment 556 #
Proposal for a regulation
Article 6 – paragraph 1 – point i
Article 6 – paragraph 1 – point i
(i) provide business users, or third parties authorised by a business user, free of charge, with effective, high-quality, continuous and real-time access and use of aggregated or non-aggregated data, that is provided for or generated in the context of the use of the relevant core platform services by those business users and the end users engaging with the products or services provided by those business users; for personal data, provide access and use only where directlywhere connected with the use effectuated by the end user in respect of the products or services offered by the relevant business user through the relevant core platform service, and when the end user opts in to such sharing with a consent in the sense of the Regulation (EU) 2016/679; s;
Amendment 650 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Where consent for collecting and, processing or sharing of personal data is required to ensure compliance with this Regulation, a gatekeeper shall take the necessary steps to either enable business users to directly obtain the required consent to their processing and retrieval, where required under Regulation (EU) 2016/679 and Directive 2002/58/EC, or, if such consent is not obtained, to comply with Union data protection and privacy rules and principles in other ways including by providing business users with duly anonymised data where appropriate. The gatekeeper shall not make the obtaining of this consent by the business user more burdensome than for its own services.
Amendment 653 #
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2 a. The gatekeeper shall neither make it less burdensome nor create stronger incentives to withdraw any such consent (opt-out) for the business user than for its own services. Where an end user has not granted or has withdrawn consent for the collection and processing of personal data required to ensure compliance with this Regulation, a gatekeeper may not itself process such data for any other purpose than the provision of the core platform service for which the data was provided by the end user.