34 Amendments of Jean-Lin LACAPELLE related to 2020/2018(INL)
Amendment 94 #
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 alsomust become guiding principles of the future regulatory framework;
Amendment 106 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that European SMEs and start-ups should be able to compete on a level playing field with non-EU ones; notes that European businesses are often unable to access the same amount and quality of datasets as non EU-businesses, which undermines the competitiveness of European businesses in the European and global markets;
Amendment 145 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recommends that the legal instrument to be proposed by the Commission should take the form of a directive, following in the footsteps of the other applicable instruments such as the Copyright Directive, in order to preserve the effectiveness of an approach by Member States according to their internal law applicable in matters as diverse as commercial law and freedom of expression;
Amendment 168 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that information society services providers, and in particular online platforms and social networking sites - because of their wide-reaching ability to reach and influence broader audiences, behaviour, opinions, and practices - bear significant social responsibility in terms of protecting users, their data and society at large and preventing their services from being exploited abusively.
Amendment 180 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls that recent scandals regarding data harvesting and selling, Cambridge Analytica, fake news, 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 without any prejudice to the rights to freedom of expression and reinforce fundamental rights;
Amendment 201 #
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; or defrauding consumers;
Amendment 222 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Considers further that companies established in the territory of several States should declare their legal existence and the economic activities carried out by them in the territory of a Member State of the Union, given that such activities are actually carried out in the territory of that Member State, in order not to evade controls or the tax payable to that State under its internal law and Union law;
Amendment 233 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to require service providers to verify the information and identity of the business partners with whom they have a contractual commercial relationship, and to ensure that the information they provide is accurate and up-to-date, containing in particular the contact details of a responsible natural person;
Amendment 286 #
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; , both from the entities concerned and national courts, on the model of the mechanism described in Article 17, paragraph 9, of the Copyright Directive1a; __________________ 1a Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (OJ L 130, 17.5.2019, p. 92).
Amendment 311 #
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Stresses that child pornography is a widespread and steadily growing phenomenon that cannot go unnoticed and must be fought vigorously by common action;
Amendment 357 #
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 notice- and-action mechanism, that can empower users to notify online intermediaries of the existence of potentially illegal online content or behaviour and require platforms to react more quickly and to be more transparent about the actions taken; 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 394 #
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 to create unsustainable, distorted competition both for SMEs and for large companies, whose licensed production they sometimes copy, and do not sufficiently guarantee consumer rights;
Amendment 470 #
Motion for a resolution
Paragraph 29
Paragraph 29
29. Believes that, in view of the cross- border nature of digital services, effective supervision and cooperation between Member States is key to ensuring the proper enforcement of the Digital Services Act;
Amendment 473 #
Motion for a resolution
Paragraph 30
Paragraph 30
Amendment 484 #
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Notes that over the years national authorities managed and solved critical aspects related to the evolution of e- commerce in an effective but fragmented way within the Union; stresses that a consistent approach between Member States is desirable;
Amendment 487 #
Motion for a resolution
Paragraph 31
Paragraph 31
Amendment 495 #
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Considers that a network of independent National Enforcement Bodies (NEBs) on DSA should be reinforced;
Amendment 499 #
Motion for a resolution
Paragraph 32
Paragraph 32
32. Calls on the Commission to strengthen and moderniseextend to digital services, online markets and consumer protection the current provisions on out-of-court settlement and court actions to allow for an effective enforcement and consumer redress and to harmonise the redress mechanisms present in Union law;
Amendment 520 #
Motion for a resolution
Annex I – part I – paragraph 4
Annex I – part I – paragraph 4
The Digital Services Act should respect the broad framework of fundamental European rights of users and consumers, such as the protection of privacy, non-discrimination, dignity, fairness and free speechdom of expression;
Amendment 546 #
Motion for a resolution
Annex I – part I – paragraph 6 a (new)
Annex I – part I – paragraph 6 a (new)
Digital services legislation should assume the form of a directive.
Amendment 613 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 1 a (new)
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 1 a (new)
- knowledge of the commercial identity of the targeted commercial entities should be accompanied by the designation of a natural person responsible for these entities, a ‘contact point’ for complaints or appeals, whose contact details would be accessible in the event of judicial proceedings in order to render ineffective bankruptcies or fraudulent dissolutions organised by ad hoc companies guilty of online scams;
Amendment 614 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 2
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 2
- that measure should apply only to business-to-business relationships and should be without prejudice to the rights of users under the GDPR, as well as the right to internet anonymity or being an unidentified user; this right, which is very unevenly recognised and applied in the legislation of the Member States, should be the subject of guidelines for its effective recognition; the new general information requirements should review and further enhance Articles 5 and 10 of the E-Commerce Directive in order to align those measures with the information requirements established in recently adopted legislation, in particular the Unfair Contract Terms Directive5 , the Consumer Rights Directive and the Platform to Business Regulation. __________________ 5Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, most recently amended by Directive (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).
Amendment 621 #
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 information requirements referred to in Articles 5 and 10 of the E- Commerce Directive should lead to the principle of truthful legal and fiscal reporting of the commercial activities, including passive ones (in particular income from advertising), actually carried out in the territory of a Member State of the Union.
Amendment 682 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 5
Annex I – part IV – paragraph 1 – subheading 5
The compliance of the due diligence provisions should be reinforced with effective, proportionate and dissuasive penalties, including the imposition of fines, without prejudice to the penal autonomy of the Member States or the powers of the European Public Prosecutor's Office.
Amendment 691 #
Motion for a resolution
Annex I – part V – paragraph 1 – indent 1
Annex I – part V – paragraph 1 – indent 1
- clarify that any removal or disabling access to illegal content should not affect the fundamental rights and the legitimate interests of users and consumers, including persons who put the content online when it is the subject of abusive or disproportionate reporting and moderation measures;
Amendment 740 #
Motion for a resolution
Annex I – part V – paragraph 2 – indent 7 a (new)
Annex I – part V – paragraph 2 – indent 7 a (new)
- prescribe that both the alert and the decision which follows it and the notification which is made to the supplier of the notified content cite or mention specifically the alleged illegal content, in particular where it results in the suspension of a service or an account, in order to ensure legal certainty and freedom of expression and to serve as a basis for an effective remedy;
Amendment 772 #
Motion for a resolution
Annex I – part V – subheading 2 – indent 5 a (new)
Annex I – part V – subheading 2 – indent 5 a (new)
- Both the alternative dispute resolution mechanism and the right to have recourse to a competent national court should be expressly notified, together, in a clear and concise manner, when making, contesting, or receiving a decision on an alert. Legislation on digital services should present the principle of this organisation of dispute resolution in a similarly clear and concise manner, within a single article, along the lines of Article 17 (9) of Directive 2019/790/ EU.
Amendment 834 #
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 7
Annex I – part VI – paragraph 2 – indent 7
- address, in line with their liability, the liability for the online marketplaces when platforms have predominant influence over suppliers and essential elements of the economic transactions such as payment means, prices, default terms conditions, or conduct aimed at facilitating the sale of goods to a consumer on the European market, and there is no manufacturer, importer, or distributor established in the Union that can be held liable;
Amendment 837 #
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 8
Annex I – part VI – paragraph 2 – indent 8
- address, in line with their liability, the liability for online marketplaces if the online marketplace has not informed the consumer that a third party is the actual supplier of the goods or services, thus making the marketplace contractually liable vis-à-vis the consumer; liability should also be considered in case the marketplace provides misleading information, guarantees, or statements;
Amendment 882 #
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 6
Annex I – part VII – paragraph 2 – indent 6
- impose high levels of technical interoperability measures requiring “systemic platforms” to share appropriate tools, data, expertise, and resources deployedmake their services, mechanisms and interfaces compatible with alternatives in order to limit the risks of users and consumers’ lock-in and the artificially binding users to one systemic platform with no possibility or incentives for switching between digital platforms or internet ecosystems. As part of those measures, the Commission should explore different technologies and open standards and protocols, including the possibility of a mechanical interface (Application Programming Interface) thatrequire them also, in order to avoid these same risks, to share appropriate tools, data, expertise, and resources deployed; have the Commission study, as part of these measures, several technologies, standards and open protocols allowsing users of competing platforms to dock on to the systemic platform and exchange information with it.exchange information with the systemic platform, while preserving, for the latter, for two years after their effective use, the benefit of its skills, developments and innovations;
Amendment 893 #
Motion for a resolution
Annex I – part VIII – paragraph 2
Annex I – part VIII – paragraph 2
Amendment 898 #
Motion for a resolution
Annex I – part VIII – paragraph 3
Annex I – part VIII – paragraph 3
Amendment 903 #
Motion for a resolution
Annex I – part VIII – paragraph 4
Annex I – part VIII – paragraph 4
Amendment 915 #
Motion for a resolution
Annex I – part VIII – paragraph 5
Annex I – part VIII – paragraph 5