59 Amendments of Marc ANGEL related to 2020/2018(INL)
Amendment 3 #
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
- having regard to the Commission recommendation (EU) 2018/334 of 1 March 2018 on measures to effectively tackle illegal content online,1a __________________ 1a OJ L 63, 6.3.2018, p. 50
Amendment 19 #
Motion for a resolution
Recital A
Recital A
A. whereas e-commerce influences the everyday lives of people, businesses and consumers in the Union, and when operated in a fair and regulated level playing field, may contribute positively to unlocking the potential of the Digital Single Market, enhance consumer trust and provide newcomers, and in particular micro, small and medium enterprises, with new market opportunities for sustainable growth, development and jobs;
Amendment 21 #
Motion for a resolution
Recital A
Recital A
A. whereas e-commerce influences the everyday lives of people, businesses and consumers in the Union, and when operated in a fair and regulated level playing field, maybalanced legal framework, contributes positively to unlocking the potential of the Digital Single Market, enhance consumer trust and provide newcomers, and in particular micro, small and medium enterprises, with new market opportunities for sustainable growth and jobs;
Amendment 27 #
Motion for a resolution
Recital B
Recital B
B. whereas the Directive 2000/31/EC of the European Parliament and of the Council2 (“the E-Commerce Directive”) has been one of the most successful pieces of Union legislation and has shaped the Digital Single Market as we know it today; whereas the E-Commerce Directive was adopted 20 years ago and no longer adequately reflectsrequires updating, taking into account the rapid transformation and expansion of e- commerce in all its forms, with its multitude of different emerging services, providers and challenges; __________________ 2 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1).
Amendment 34 #
Motion for a resolution
Recital C
Recital C
C. whereas, despite the clarifications made by the European Court of Justice, the need to go beyond the existing regulatory framework is clearly demonstratjustified by the fragmented approach of Member States to tackling illegal content online, by the complexity of various EU rules applying to e-commerce, by the lack of enforcement and cooperation between Member State, and by the inability of the existing legal framework tochallenges of promoteing effective market entry and consumer welfare;
Amendment 52 #
Motion for a resolution
Recital E
Recital E
E. whereas in its communication to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 19 February 2020 “Shaping Europe’s digital future”, the Commission committed itself to adopting, as part of the Digital Services Act package, new and revised rules for online platforms and information service provider; to reinforcing platform accountability and the oversight over platforms’ content policies in the EU; and, to looking into ex ante rules to ensure that large platforms with significant network effects, acting as gatekeepers, remain fair and contestable for innovators, businesses, and new market entrants;
Amendment 77 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recognises the importance of the legal framework set out by the E- Commerce Directive in the development of online services in the Union and in particular its internal market clause, through which home country control and the obligation on Member States to ensure the free movement of information society services have been established; highlights that the legal certainty brought by the E- Commerce Directive has provided SMEs with the opportunity to expand their business and to sell more easily across borders;
Amendment 93 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that the main principles of the E-Commerce Directive, such as the internal market clause, freedom of establishment and the prohibition on imposing a general monitoring obligation should be maintained; underlines that the principle of “what is illegal offline is also illegal online”, as well as the principles of consumer protection and user safety, should also becomeremain guiding principles of the future regulatory framework;
Amendment 101 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that a future-proof, comprehensivelear and consistent EU-level framework and fair competition are crucial in order to promote the growth of European small- scale platforms, small and medium enterprises (SMEs) and start-ups, premovent market fragmentation and provide European businesses with a level playing field that enables them to better profit fromeasily sell across borders, reach a critical mass and economies of scale in the digital services market and become more competitive on the world stage;
Amendment 107 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Highlights that a fully integrated Single Market for e-commerce will greatly benefit consumers by removing regulatory fragmentation which is one of the root causes of geoblocking;
Amendment 108 #
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls on the Commission to make use of the most efficient regulatory tools, in particular harmonisation and mutual recognition, as highlighted in the interinstitutional agreement on better law- making;
Amendment 109 #
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Invites the Commission to thoroughly examine the clarity and consistency of the existing legal framework applying to online sales in order to identify possible gaps and contradictions; highlights that the goal of the DSA should be to stimulate sustainable growth and online sales across the Single Market, while guaranteeing a high level of consumer protection;
Amendment 124 #
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 neededis needed for all interested parties; considers that social protection and social rights of workers, especially of platform or collaborative economy workers should be properly addressed in a specific instrument, accompanying the future regulatory framework;
Amendment 137 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that the Digital Services Act should be based on public values of the Union protecting citizens’ rights should aim to foster the creation of a rich and diverse online ecosystem with a wide range of online services, favourable digital environment and, legal certainty, transparency and the possibility to contest the non- compliance of products and services to unlock the full potential of the Digital Single Market;
Amendment 153 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses the importance of maintaining the horizontal approach of the E-Commerce Directive; acknowledges , however, that a one-size-fits-all solution to all types of illegal activities or hosting providers would not be appropriate; recommends distinguishing between commercial and non-commercial activities, and between different type of digital services hosted by platforms rather than focusing too much on the type of the platform;
Amendment 183 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls that recent scandals regarding data harvesting and selling, Cambridge Analytica, fake news, misinformation, political advertising and manipulation and a host of other online harms (from hate speech to the broadcast of terrorism) have shown the need to revisit the existing rules and reinforce fundamental rights;
Amendment 187 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that the Digital Services Act should achieve the right balance between the internal market freedoms and the fundamental rights and principles set out in the Charter of Fundamental Rights of the European Union, therefore it should ensure the access of all citizens to digital services and to the content of digital platforms;
Amendment 202 #
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 illegalcounterfeit or unsafe products online that are not compliant with Union safety rules or imposing unjustified and abusive price increases or other unfair conditions on consumers;
Amendment 205 #
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 established; underlines the need to better inform and educate consumers about online sales in general, and by the potential risks of buying products not approved for the European market in particular;
Amendment 232 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to require service providers to verify the information and identity of both the business partners with whom they have a contractual commercial relationship, and the individuals who offer services or sell products on online platforms, and to ensure that the information they provide is accurate and up-to-date;
Amendment 238 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on the Commission to require that where a certain qualification is required to provide a service, the possession of such a qualification has to be clearly disclosed in each online offer in order to avoid deceptive or misleading information to consumers;
Amendment 243 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission to introduce enforceable obligations on internformation society services providers aimed at increasing transparency and, information and accountability; considers that these obligations should be enforced by appropriate, effective and dissuasive penalties;
Amendment 263 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Stresses that online consumers find themselves in an unbalanced relation to service providers and traders offering services for free but supporting their services by advertising revenue and ads that are automatically targeting individual consumers, based on the information collected through big data and AI mechanisms; notes that the business model based on providing “free” services paid through advertising may lead to undesirable societal outcomes and be detrimental to consumers;
Amendment 266 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Notes that given the significant differences between digital services, a one-size-fits-all approach should be avoided; that is, intermediaries’ duties of care should differ depending on their business model;
Amendment 280 #
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Deems necessary to ensure an approach based on social dialogue and effective information and consultation of workers in introducing and monitoring AI technologies and solutions, in particular with regard to the use of algorithms; the ‘human in command principle’ must be respected, inter alia, to prevent the rise of health and safety risks, alienating tasks, discrimination, undue surveillance, and abuses in management and HR processes;
Amendment 291 #
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 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 ensuring that the burden of proof should not lie on the consumer;
Amendment 339 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Considers that voluntary actions and self-regulation by online platforms across Europe have brought some benefits, but additional binding measures are needed in order to ensure the swift detection and removal of illegal content online;
Amendment 359 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission to address the increasing differences and fragmentations of national rules in the Member States and to propose concrete legislative measures including a harmonised notice- and-action mechanism, that can empower users to notify online intermediaries of the existence of potentially illegal online content or behaviour; is of the opinion that such measures would guarantee a high level of users' and consumers' protection while promoting consumer trust in the online economy;
Amendment 360 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission to address the increasing differences and fragmentations of national rules in the Member States and to propose concrete, and harmonized legislative measures including a notice- and-action mechanism, that can empower users to notify online intermediaries of the existence of potentially illegal online content or behaviour; is of the opinion that such measures would guarantee a high level of users' and consumers' protection while promoting consumer trust in the online economy;
Amendment 384 #
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Emphasises its scepticism about the introduction of “good Samaritan” provisions to exempt providers from liability when acting in “good faith” as this would encourage platforms to decide on what should be allowed or not and would risk reinforcing impunity, creating obstacles for enforcement; considers that the import of US law provisions are not fit-for-purpose in Union law;
Amendment 404 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. SCalls on the Commission to address issues related to online marketplaces in the Digital Services Act and asks for a thorough analysis of the interaction between the Digital Services Act and the Union product safety and chemicals legislation; stresses that it is unacceptable that Union consumers are exposed to illegal and unsafe products, containing dangerous chemicals, as well as other safety hazards;
Amendment 406 #
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; insists on the necessity to establish measures in order to prevent the sale of non-compliant products or services on online platforms;
Amendment 410 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Stresses that it is unacceptable that Union consumers are exposed to illegal, counterfeit and unsafe products, containing dangerous chemicals, as well as other safety hazards;
Amendment 416 #
Motion for a resolution
Paragraph 26
Paragraph 26
26. CStresses the importance of the rules of the Regulation (EU) 2019/1020 on market surveillance and compliance of products about liability and conformity of products imported from third countries; calls on the Commission to remedy the current further legal loophole which allows suppliers established outside the Union 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 418 #
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 Union to sell products online to European consumers which do not comply with Union rules on safety and consumer protection or other European legislation applicable, 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 449 #
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 remedproviding a framework to deal with large platforms that play a “gatekeeper role” in a given market, ex-ante regulatory remedies to be imposed, on a case-by-case basis by competition authorities on these large platforms hasve 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 competition law enforcement alone;
Amendment 505 #
Motion for a resolution
Annex I – part I – paragraph 1
Annex I – part I – paragraph 1
The Digital Services Act should contribute to the strengthening of the internal market by ensuring the free movement of digital services and the freedom to conduct a business, while at the same time guaranteeing a high level of consumer protection, including the improvement of users’ safety online;
Amendment 554 #
Motion for a resolution
Annex I – part II – paragraph 2
Annex I – part II – paragraph 2
The territorial scope of the future Digital Services Act should be extended to cover also the activities of companies and service providers established in third countries, when they offer services or goods to consumers or users in the Union; for online marketplaces, such a provision should be complemented by an obligation for platforms to check whether suppliers from outside the EU which target European consumers either have set up a branch in the EU or have appointed a person responsible in the EU; if the trader does not meet this obligation and the platform is proven to have failed to verify compliance of this obligation, the platform should be liable for damages and guarantees, without prejudice to the possibility to seek redress to the trader a posteriori;
Amendment 571 #
Motion for a resolution
Annex I – part III – paragraph 1 – indent 1
Annex I – part III – paragraph 1 – indent 1
- clarify to what extent “new digital services”, such as social media networks, collaborative economy services, search engines, wifi hotspots, online advertising, cloud services, app stores, content delivery networks, and domain name services fall within the scope of the Digital Services Act;
Amendment 591 #
Motion for a resolution
Annex I – part III – paragraph 1 – indent 5
Annex I – part III – paragraph 1 – indent 5
- define “systemic operator” by establishing a set of clear economic indicators that allow regulatory authorities to identify platforms with a “gatekeeper” role playing a systemic role in the online economy; such indicators could include considerations such as whether the undertaking is active to a significant extent on multi-sided markets, the size of its network (number of users), and the presence of network effects; barriers to entry, its financial strength, and ability to access to data,; vertical integration, and its role as an unavoidable partner and the importance of its activity for third parties’ access to supply and markets, etc.
Amendment 593 #
Motion for a resolution
Annex I – part III – paragraph 1 – indent 5
Annex I – part III – paragraph 1 – indent 5
- define “systemic operator” by establishing a set of clear economic indicators that allow regulatory authorities to identify platforms with a “gatekeeper” role playing a systemic role in the online economy; such indicators could include considerations such as whether the undertaking is active to a significant extent on multi-sided markets, the size of its network (number of users, market share, share of sold services in total), its financial strength, access to data, vertical integration, the importance of its activity for third parties’ access to supply and markets, etc.
Amendment 597 #
Motion for a resolution
Annex I – part III – paragraph 1 – indent 5
Annex I – part III – paragraph 1 – indent 5
- define “systemic operator” by establishing a set of clear economic indicators that allow regulatory authorities to identify platforms with a “gatekeeper” role playing a systemic role in the online economy; such indicators could include considerations such as whether the undertaking is active to a significant extent on multi-sided markets, the size of its network (number of users), its financial strength, access to data, vertical integration, the importance of its activity for third parties’ access to supply and markets, etc.
Amendment 608 #
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 regularly 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, the postal address and the latest contact details; 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;
Amendment 620 #
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)
- The provisions of Article 5 of the E-Commerce Directive should be further modernised by requiring traders to provide consumers with direct and efficient means of communication such as electronic contact forms, chatbots, instant messaging or telephone callback, provided that the information relating to those means of communication is accessible to consumers in a clear and comprehensible manner.
Amendment 627 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 2
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 2
- explicitly mentioning in the contract terms and general conditions what is to be understood as illegal content according to the Union or national law applicable to the service(s) being provided; clearly setting out policies regarding such content and with regard to repeat offenders and the suspension of accounts;
Amendment 642 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 3 – indent 2
Annex I – part IV – paragraph 1 – subheading 3 – indent 2
- Building upon Article 6 of the E- Commerce Directive, the new measures should establish a new framework for Platform to Consumer relations on meaningful transparency and accountability provisions regarding online advertising, digital nudging and preferential treatment; paid advertisements or paid placement in a ranking of search results should be identified in a clear, concise, and intelligible manner; those measures should: - enable consumers with an option not to be tracked or (micro)-targeted and to opt- in for the use of behavioural data for advertising purposes, as well as an opt-in option for political advertising and ads; - provide consumers with access to their dynamic marketing profiles, so that they are informed on whether and for what purposes they are tracked and if the information they receive is for advertising purposes; - guarantee the right for consumers to contest any decision that undermines their interests including through collective redress mechanisms; - ensure that paid advertisements or paid placement in a ranking of search results should be identified in a clear, concise, and intelligible manner; - specify the grounds on which service providers and traders cannot discriminate and provide guidance on what practices count as aggressive advertising whilst encouraging consumer-friendly AI- technologies; - provide access to advertising delivery data in proper formats to verify the exposure of advertisers, the performance of paid vs unpaid advertising and the compliance with minimal diversification requirements.
Amendment 653 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 3 – indent 4
Annex I – part IV – paragraph 1 – subheading 3 – indent 4
- Article 7 of the E-Commerce Directive should be revised in order to protect consumers from unsolicited commercial communications online. and to regulate more strictly the use of targeted advertising online;
Amendment 699 #
Motion for a resolution
Annex I – part V – paragraph 1 – indent 3
Annex I – part V – paragraph 1 – indent 3
- preserve the underlying legal principle that online technical, automatic and passive intermediaries should not be held directly liable for the acts of their users and that online intermediaries can continue moderating legal content under fair and transparent terms and conditions of service, provided that they are applicable in a non-discriminatory manner;
Amendment 785 #
Motion for a resolution
Annex I – part V – paragraph 3 – indent 5 a (new)
Annex I – part V – paragraph 3 – indent 5 a (new)
- the measures they adopt with regards to repeated infringers to ensure that the measures are effective in tackling such systemic abusive behaviour.
Amendment 791 #
Motion for a resolution
Annex I – part V – paragraph 4
Annex I – part V – paragraph 4
The Digital Services Act should protecteserve and upholdgrade the current limited exemptions from secondary liability for information society service providers (online intermediaries) provided for in Article 12, 13, and 14 of the current E-Commerce Directiveability regime provided for in Article 12, 13, and 14 of the current E-Commerce Directive; Without prejudice to Article 6a (d) of the Directive (EU) 2019/2161, the Digital Services Act should set up a special liability regime for online marketplaces, including those services which allow the conclusion of a distance contract between a trader and a consumer via advertisements, digital comparison, reputation or other advisory services.
Amendment 812 #
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 3 a (new)
Annex I – part VI – paragraph 2 – indent 3 a (new)
- include clear obligations to ensure that online markets meet transparency, accountability and traceability requirements and implement proactive and reactive measures to prevent illegal and unsafe products from being offered for sale to EU consumers;
Amendment 817 #
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 4 a (new)
Annex I – part VI – paragraph 2 – indent 4 a (new)
- oblige online market places to display the possession of a qualification where a service provision requires the existence of a certain qualification to avoid misleading or deceptive information to consumers;
Amendment 820 #
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 5
Annex I – part VI – paragraph 2 – indent 5
- once products have been identified as unsafe by the Union’s rapid alert systems or by consumer protection authorities, it should be compulsory to remove products from the marketplace within 24 hours; online markets are required to cooperate with the authorities, keeping them informed as soon as they become aware of products on their platforms that are unsafe or non- compliant with European safety standards;
Amendment 821 #
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 5
Annex I – part VI – paragraph 2 – indent 5
- once products have been identified as unsafe and/or counterfeit by the Union’s rapid alert systems or by consumer protection authorities, it should be compulsory to remove products from the marketplace within 24 hours and measures should be taken to prevent their reappearance on the marketplace;
Amendment 828 #
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 of any action required to ensure that recalls are carried out effectively; online marketplaces must inform consumers if a product they have previously bought has been removed because it was not compliant;
Amendment 832 #
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 promptly of any safety issues and of any action required to ensure that recalls are carried out effectively;
Amendment 840 #
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 8 a (new)
Annex I – part VI – paragraph 2 – indent 8 a (new)
- while online marketplaces must be liable for damages, contract performance and guarantees and while consumers must be able to exercise the same rights and remedies available against the supplier or producer, the online market place should have a right to redress towards the party at fault;
Amendment 841 #
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 8 a (new)
Annex I – part VI – paragraph 2 – indent 8 a (new)
- include obligations for online markets regarding the collection and verification of sellers' contact information prior to authorising the creation of an account. Similarly, details of unsafe and illegal products should also be shared with the competent authorities;
Amendment 843 #
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 9
Annex I – part VI – paragraph 2 – indent 9
- explore expanding the commitment made by some e-commerce retailers and the Commission to respectively remove dangerous or counterfeit products from sale more rapidly under the voluntary commitment schemes called “Product Safety Pledge” and "Memorandum of Understanding on the sale of counterfeit goods via the internet" and indicate which of those commitments could become mandatory.