Activities of Eugen JURZYCA related to 2020/2019(INL)
Shadow opinions (1)
OPINION with recommendations to the Commission on Digital Services Act: adapting commercial and civil law rules for commercial entities operating online
Amendments (11)
Amendment 2 #
Draft opinion
Recital C
Recital C
C. Whereas the revision of Directive 2005/29/EC1a by Directive (EU) 2019/21611b, and Directives (EU) 2019/7701 and (EU) 2019/7712 on certain aspects concerning contracts for the supply of digital content and digital services and contracts for the sale of goods have only recently been adopted; __________________ 1 Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services (OJ L 136, 22.5.2019, p. 1). 1aDirective 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. 22–39). 1bDirective (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). 2Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, p. 28).
Amendment 5 #
Draft opinion
Recital C a (new)
Recital C a (new)
Ca. Whereas, in relation to the COVID-19 outbreak, the Commission welcomed the positive approach by the platforms after sending them the letters on 23 March 2020;
Amendment 8 #
Draft opinion
Recital C b (new)
Recital C b (new)
Cb. Whereas only relevant data, statistics, analyses and proper enforcement could demonstrate a need for any further measures;
Amendment 17 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Welcomes the measures taken by platforms in relation to the COVID-19 which help to proactively take down misleading ads and ‘miracle products' with unsupported health claims, reinforcing automated and human monitoring of content;
Amendment 19 #
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Asks the Commission to analyse the effect of self-regulatory measures adopted by platforms on misleading ads;
Amendment 25 #
Draft opinion
Paragraph 2
Paragraph 2
2. WelcomEncourages efforts to bring transparency to advertising online and considers that further clarity and guidance is needwelcomed as regards professional diligence and obligations for platforms; believes that where advertisers and intermediaries areif relevant data shows a significant gap in misleading advertising practices and enforcement between Union-based and third country based platforms, it is reasonable to consider further options to reinforce compliance with existing laws, including an obligation for advertisers and intermediaries established in a third country, they shouldo designate a legal representative, established in the Union, who can be held accountable for the content of advertisements, in order to allow for consumer redress in the case of false or misleading advertisements; asks to take into account whether reciprocal obligations from third countries adopted in reaction to the new Union rules would not hamper provision of services by Union-based companies in third countries;
Amendment 36 #
Draft opinion
Paragraph 3
Paragraph 3
3. Asks the Commission to clarify and publish what sanctions or other restrictions those advertisement intermediaries and platforms should be subject to if they knowingly accept false or misleading advertisements; believes that online platforms should actively monitor theare subject to in accordance with Union and national laws, namely Directive 2005/29/EC, concerning unfair business-to-consumer commercial practices in the internal market, as amended by Directive (EU) 2019/2161 and Directive 2006/114/EC concerning misleading and comparative advertising, if they knowingly accept false or misleading advertisements; acknowledges that misleading advertising is difficult to be detected by platforms, believes that online platforms should be encouraged to actively monitor and remove the misleading advertisements shown on their sites, in order to ensure they do not profit from false or misleading advertisements, including from influencer marketing content which is not being disclosed as sponsored; recalls however that this should be in line with the “no general monitoring” principle; underlines that advertisements for commercial products and services, and advertisements of a political or other nature are different in form and function and therefore should be subject to different guidelines and rules;
Amendment 56 #
Draft opinion
Paragraph 4
Paragraph 4
4. While recalling earlier efforts, asks the Commission to further review the practice of End User Licensing Agreements (EULAs) and to seek ways to allow greater and easier engagement for consumers, including in the choice of clauses; notes that EULAs are often accepted by users without reading them; moreover notes that when a EULA does allow for users to opt- out of clauses, platforms may require users to do so at each use;
Amendment 63 #
Draft opinion
Paragraph 5
Paragraph 5
5. Underlines that EULAs should always make the sharing of all data with third parties optional unless vital to the functioning of the services; asks the Commission to ensure that, where reasonable, consumers can still use a connected device for all its primary functions even if a consumer withdraws their consent to share non- operational data with the device manufacturer or third parties;
Amendment 68 #
Draft opinion
Paragraph 6
Paragraph 6
6. Underlines that the Directive (EU) 2019/2161, Directive (EU) 2019/770 and Directive (EU) 2019/771 are still to be properly transposed and implemented; asks the Commission to take this into account before taking additional measures;
Amendment 82 #
Draft opinion
Paragraph 8
Paragraph 8
8. Stresses that any future legislative proposals should be evidence-based and should seek to remove current and prevent potentially new barriers in the supply of digital services by online platforms; underlines, at the same time, that new Union obligations on platforms must be proportional and clear in nature in order to avoid unnecessary regulatory burdens or unnecessary restrictions; underlines the need to prevent gold-plating practices of Union legislation by Member States.