10 Amendments of Billy KELLEHER related to 2020/0374(COD)
Amendment 441 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) refrain from combining personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper or with personal data from third-party services, and from signing in end users to other services of the gatekeeper in order to combine personal data, unless the end user has been presented with the specific choicereceived a disclosure of the combination and provided consent in the sense of Regulation (EU) 2016/679. ;
Amendment 448 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) allow business users to promote offers to end users acquired via the core platform service, and to conclude contracts with these end users regardless of whether for that purpose they use the core platform services of the gatekeeper or not, and allow end users to access and use, through the core platform services of the gatekeeper, content, subscriptions, features or other items by using the software application of a business user, where these items have been acquired by the end users from the relevant business user without using the core platform services of the gatekeeper, and does not jeopardise measures by the gatekeeper designed primarily to ensure user safety and data protection;
Amendment 528 #
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
(f) allow business users and providers of ancillary services equivalent access to and interoperability with the same operating system, hardware orfeatures and related software features that are available or used in the provision by the gatekeeper of any ancillary services; such measures shall not jeopardise measures by the gatekeeper designed primarily to ensure user safety and data protection;
Amendment 592 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The measures implemented by the gatekeeper to ensure compliance with the obligations laid down in Articles 5 and 6 shall be proportionate and effective in achieving the objective of the relevant obligation. The gatekeeper shall ensure that these measures are implemented in compliance with Regulation (EU) 2016/679 and, Directive 2002/58/EC and Regulation XX on a Single Market for Digital Services, and with legislation on cyber security, consumer protection and product safety.
Amendment 594 #
1 a. While complying with the obligations listed in Article 5 and 6, gatekeepers shall not be prevented from taking strictly necessary and proportionate measures to guarantee the integrity, security and safety of their core platform services in order to safeguard end users and business users. Such measures shall only be permitted if applied to the services as a whole in view of safeguarding all end users and business users.
Amendment 596 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Where the Commission finds that the measures that the gatekeeper intends to implement pursuant to paragraph 1, or has implemented, do not ensure effective compliance with the relevant obligations laid down in Article 6, it mayshall by decision specify the measures that the gatekeeper concerned shall implement, following a regulatory dialogue on the matter with the gatekeeper. The Commission shall adopt such a decision within six months from the opening of proceedings pursuant to Article 18.
Amendment 608 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. In view of adopting the decision under paragraph 2, the Commission shall communicate its preliminary findings within three months from the opening of the proceedings. In the preliminary findings, the Commission shall explain the measures it considers to take or it considers that the provider of core platform services concerned should take in order to effectively address the preliminary findings, taking into account the issues discussed during the regulatory dialogue.
Amendment 618 #
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
7. A gatekeeper may request the opening of proceedings pursuant to Article 18 for the Commission to determine whether the measures that the gatekeeper intends to implement or has implemented under Article 6 are proportionate and effective in achieving the objective of the relevant obligation in the specific circumstances. A gatekeeper may, with its request, provide a reasoned submission to explain in particular why the measures that it intends to implement or has implemented are proportionate and effective in achieving the objective of the relevant obligation in the specific circumstances.
Amendment 623 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The Commission may, on a reasoned request by the gatekeeper, exceptionally suspend, in whole or in part, a specific obligation laid down in Articles 5 and 6 for a core platform service by decision adopted in accordance with the advisory procedure referred to in Article 32(4), where the gatekeeper demonstrates that compliance with that specific obligation: (a) would endanger, due to exceptional circumstances beyond the control of the gatekeeper, the economic viability of the operation of the gatekeeper in the Union, and only to the extent necessary to address such threat to its viability; (b) would cause significant deterioration of the services offered to the detriment of the users or would jeopardise measures by the gatekeeper designed primarily to ensure user safety and data protection;or (c) is not technically feasible. Suspension shall only be granted to the extent necessary to address the reasons listed in points (a) to (c). The Commission shall aim to adopt the suspension decision without delay and at the latest 3 months following receipt of a complete reasoned request.
Amendment 628 #
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
In assessing the request, the Commission shall take into account, in particular, the conditions listed in paragraph 1 of this article and the impact of the compliance with the specific obligation on the economic viability of the operation of the gatekeeper in the Union as well as on third parties. The suspension may be made subject to conditions and obligations to be defined by the Commission in order to ensure a fair balance between these interests and the objectives of this Regulation. Such a request may be made and granted at any time pending the assessment of the Commission pursuant to paragraph 1.