BETA

14 Amendments of René REPASI related to 2022/0092(COD)

Amendment 145 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – introductory part
(1) in Article 2, the following points (o) to (yz) are added:
2022/11/24
Committee: IMCO
Amendment 176 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point y a (new)
(ya) "Dark pattern" an interaction design that materially distorts or impairs, either on purpose or in effect, the ability of consumers to make autonomous and informed choices or decisions, and persuades them to engage in unwanted behaviours or into undesired decisions which have negative consequences for them.
2022/11/24
Committee: IMCO
Amendment 184 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a a (new)
Directive 2005/29/EC
Article 6 – paragraph 2 – point c
(aa) in paragraph 2, point (c) is replaced by the following: ‘(c) any marketing of a good, in one Member State, as bewith seemingly identical to a goodpresentation to another good, which is marketed, in other Member States, while that good has significantlyunder the same brand, trademark or designation, while that good presents differentces in composition or characteristics, unless justified by legitimate and objective factors.including its sensory profile;’
2022/11/24
Committee: IMCO
Amendment 185 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b – introductory part
(b) in paragraph 2, the following points (d), (e) and (ef) are added:
2022/11/24
Committee: IMCO
Amendment 193 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Directive 2005/29/EC
Article 6 – paragraph 2 – point e a (new)
(ea) any designs or practices of dark pattern.
2022/11/24
Committee: IMCO
Amendment 196 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Directive 2005/29/EC
Article 9 – paragraph 1 – point e a (new)
(3a) In Article 9, the following point is added: ‘(ea) the use of dark patterns.’
2022/11/24
Committee: IMCO
Amendment 281 #
Proposal for a directive
Article 2 – paragraph 1 – point 4 a (new)
Directive 2011/83/EU
Article 11 a (new)
(4a) Article 11a is inserted: (1) With respect to distance contracts where it is made possible for the consumer to conclude a contract via a website or a mobile application and the consumer assumes the obligation to pay a price, the trader shall additionally ensure that the consumer can withdraw from the contract on that same website or via that mobile application by activating a button or via a similar function. (2) The button or similar function shall be labelled in an easily legible manner only with the words "withdraw from contracts here" or a corresponding unambiguous formulation. The button shall lead the consumer directly to a confirmation page which 1. invites and enables the consumer to provide information which (a) enables his unambiguous identification (b) unambiguously identifies the contract to which the withdrawal applies (c) enables the confirmation of withdrawal to be sent to him swiftly by electronic means and 2. contains a confirmation button labelled in an easily legible manner only with the words "withdraw now" or a corresponding unambiguous formulation and which the consumer may activate in order to submit the declaration of withdrawal. (3) The button and confirmation page shall be permanently available and directly and easily accessible. (4) The consumer shall be able to store the declaration of withdrawal, submitted by activating the confirmation button or via a similar function, including the date and time of its submission, on a durable medium and in a way that makes it clear that the declaration of withdrawal was submitted by activating the confirmation button or via a similar function. (5) The trader shall immediately confirm to the consumer the content of the declaration of withdrawal, as well as the date and time of its receipt, on a durable medium. (6) Where the buttons and confirmation page are not made available in accordance with paragraphs (1) to (3), a consumer may withdraw from the distance contract concluded by electronic means after the end of the withdrawal period in accordance with Article 9(2) or Article 16b(1)1a, respectively. The withdrawal period shall then expire [x days/months] after the end of the original withdrawal period in accordance with Article 9(2) or Article 16b(1), respectively. __________________ 1a To be introduced by DMFSD.
2022/11/24
Committee: IMCO
Amendment 297 #
Proposal for a directive
Annex I – paragraph 1 – point 2 – introductory part
(2) the following points 4a andto 4bc are inserted:
2022/11/24
Committee: IMCO
Amendment 298 #
Proposal for a directive
Annex I – paragraph 1 – point 2
Directive 2005/29/EC
Annex I – point 4 a
4a. Making a generic environmental claim that does refer to recognised excellent environmental performance and for which the trader idoes not able to demonstratprovide evidence of the recognised excellent environmental performance relevant to the claim.
2022/11/24
Committee: IMCO
Amendment 303 #
Proposal for a directive
Annex I – paragraph 1 – point 2
Directive 2005/29/EC
Annex I – point 4b a (new)
4ba. Making a generic environmental claim that does not refer to recognised excellent environmental performance and for which the specification of the claim is not provided in clear and prominent terms on the same medium, such as the same advertising spot, product's packaging or online selling interface.
2022/11/24
Committee: IMCO
Amendment 311 #
Proposal for a directive
Annex I – paragraph 1 – point 2 a (new)
Directive 2005/29/EC
Annex I – point 7 a (new)
(2a) the following point 7a is inserted: 7a. Falsely stating that a product will only be available in limited qualities, in order to elicit an immediate decision and deprive consumers of sufficient opportunity or time to make an informed choice.
2022/11/24
Committee: IMCO
Amendment 312 #
Proposal for a directive
Annex I – paragraph 1 – point 2 b (new)
Directive 2005/29/EC
Annex I – point 7 b (new)
(2b) The following points 7b (i) to (v) are inserted: 7b. Specifically, the use of any of the following practices of dark pattern: (i) giving more visual prominence to any of the consent options when asking the recipient of an online service for a decision; (ii) installation wherein clicking a button leads to a different result than normally expected; (iii) installation wherein selections have already been taken, especially with check marks set; (iv) making the procedure of terminating a service significantly more cumbersome than signing up to it; or (v) direct display of fake reviews or the supposed behaviour of others.
2022/11/24
Committee: IMCO
Amendment 313 #
Proposal for a directive
Annex I – paragraph 1 – point 3 a (new)
Directive 2005/29/EC
Annex I – point 13 a (new)
(3a) the following point 13a is inserted: 13a. Any marketing of a good as being identical or seemingly identical to the other good marketed in one or various Member State, while those goods have different composition or characteristics which have not been clearly marked on the packaging, so as to be visible to the consumer.
2022/11/24
Committee: IMCO
Amendment 348 #
Proposal for a directive
Annex I – paragraph 1 – point 4 a (new)
Directive 2005/29/EC
Annex I – point 31 a (new)
(4a) the following point 31 a is added: 31a. repeated (aggressive) request to perform a certain action ("nagging").
2022/11/24
Committee: IMCO