10 Amendments of Paul RÜBIG related to 2018/0112(COD)
Amendment 111 #
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20 a) It is equally important that online intermediation service providers do not engage in unfair commercial practices (including commercial behaviour or the inclusion of unfair contractual terms) which violates good faith or good commercial conduct, creates an imbalance in the relationship with the transfer of costs incurred or the shift of entrepreneurial risk to the weaker party and is unilaterally imposed. It is not proportionate to apply this prohibition to small enterprises (within the meaning of Article 2(2) of the Annex to Recommendation 2003/361/EC).
Amendment 112 #
Proposal for a regulation
Recital 20 b (new)
Recital 20 b (new)
(20 b) Certain practices can be conclusively treated as unfair in all circumstances. The Platform Observatory should continuously review this list of practices and recommend updates to the Commission.
Amendment 186 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1
Article 3 – paragraph 3 – subparagraph 1
Providers of online intermediation services shall notify to the business users concerned any envisaged modification of their terms and conditions that negatively affect them.
Amendment 193 #
Proposal for a regulation
Recital 21
Recital 21
(21) Providers of online intermediation services might in certain cases restrict in the terms and conditions the ability of business users to offer goods or services to consumers under more favourable conditions through other means than through those online intermediation services. In those cases, the providers concerned should set out the grounds for doing so, in particular with reference to the main economic, commercial or legal considerations for the restrictions. This transparency obligation should however not be understood as affecting the assessment of the legality of such restrictionSuch restrictions should not be admissible, as they deprive business users from exercising their entrepreneurial freedom to set the conditions and means of sale of their own products uander other acts of Union law or the law of Member States in accordance with Union law, includ services, and may also harm consumers by preventing in them areas of competition and unfair commercial practices, and the application of such lawsccess to a wider choice.
Amendment 246 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Providers of online intermediation services and providers of online search engines shall, when complying with the requirements of this Article, not be required to disclose any trade secrets as defined in Article 2(1) of Directive (EU) 2016/943 nor any information which threatens consumer protection from unfair online practices by business users or corporate business users.
Amendment 250 #
Proposal for a regulation
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4 a. Providers of online intermediation services and providers of online search engines shall designate at least one spokesperson, who is responsible for the policy related to rankings within the provider including development, review and oversight. Online intermediation services shall make the contact details of this spokesperson available to business users.
Amendment 253 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b
Article 2 – paragraph 1 – point 2 – point b
(b) they allow business users to offer goods or services to consumers, with a view to facilitating the initiating of direct transactions between those business users and consumers, irrespective of where those transactions are ultimately concludedon the online intermediation service’s website or by direct link to the website of the business user;
Amendment 265 #
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2 a. An online intermediation service shall not engage in an unfair commercial practice. A practice shall constitute an unfair commercial practice if it grossly deviates from good commercial conduct and is contrary to good faith and fair dealing, having regard to any situation of imbalance between the online intermediary and a business user. In relation to the inclusion of contractual terms, account shall be taken of the extent to which a business user was able to individually negotiate terms of access to the online intermediation service, and the extent to which those terms excessively shape the business relationship to favour exclusively the online intermediation service’s own economic interests.
Amendment 530 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Where, in the provision of their services, pProviders of online intermediation services shall not restrict the ability of business users to offer the same goods and services to consumers under different conditions through other means than through those services, they shall include grounds for that restriction different conditions to consumers for obtaining their terms and conditions and make those grounds easily available to the public. Those grounds shall include the main economic, commercial or legal considerations for those restriction goods and services at issue through other means than those services.
Amendment 546 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The obligation set out in paragraph 1 shall not affect any prohibitions or limitations in respect of the imposition of such restrictions that result from the apperms and conditions, or specific provisions therein, imposing oblicgation of other Union rules or from national rules that are in accordance with Union law and to whichs on business users to act in violation of the providersions of the online intermediation services are subjectparagraph (1) shall be null and void.