Activities of Emmanuel MAUREL related to 2020/0374(COD)
Plenary speeches (1)
Digital Markets Act (debate)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on Contestable and fair markets in the digital sector (Digital Markets Act)
Amendments (57)
Amendment 85 #
Proposal for a regulation
Recital 9
Recital 9
(9) A fragmentation of the internal market can only be effectively averted if Member States are prevented from applying national rules which are specific to the typesThis Regulation should not prevent the application by Member States of national rules whose purpose is to support legitimate public interests, in accordance with Union law. Such national rules may lay down obligations on undertakings which are identical or similar to, stricter than or different from those laid down in this Regulation. Those legitimate public interests include consumer protection, respect for the ‘cultural exception’, the fight against unfair competition and the protection and fostering of media freedom and pluralism of media and opinion, as well as multilingualism and defence of intellectual property. In particular, the right of Member States to impose ofn undertakings and services covered by this Regulation. At the same time,deemed to be ‘gatekeepers’ within the meaning of this Regulation, as well as on other undertakings, obligations which serve to enforce legitimate public interests remains unaffected, and since this Regulation aims at complementing the enforcement of competition law, it should be specified that this Regulation is without prejudice to Articles 101 and 102 TFEU, to the corresponding national competition rules and to other national competition rulesprovisions at national level as well as to other provisions at national level regarding unilateral behaviour that are based on an individualised assessment of market positions and behaviour, including its likely effects and the precise scope of the prohibited behaviour, and which provide for the possibility of undertakings to make efficiency and objective justification arguments for the behaviour in question. However, the application of the latter rules should not affect the obligations imposed on gatekeepers under this Regulation and their uniform and effective application in the internal market.
Amendment 87 #
Proposal for a regulation
Recital 11
Recital 11
(11) This Regulation should also complement, without prejudice to their application, the rules resulting from other acts of Union law regulating certain aspects of the provision of services covered by this Regulation, in particular Regulation (EU) 2019/1150 of the European Parliament and of the Council26, Regulation (EU) xx/xx/EU [DSA] of the European Parliament and of the Council27, Regulation (EU) 2016/679 of the European Parliament and of the Council28, Directive (EU) 2019/790 of the European Parliament and of the Council29, Directive (EU) 2015/2366 of the European Parliament and of the Council30, and Directive (EU) 2010/13 of the European Parliament and of the Council31, as well as national rules aimed at enforcing or, as the case may be, implementing thatdopted in accordance with Union legislation. __________________ 26 Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (OJ L 186, 11.7.2019, p. 57). 27Regulation (EU) …/.. of the European Parliament and of the Council – proposal on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC. 28Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). 29 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/ (OJ L 130, 17.5.2019, p. 92.). 30Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC ( OJ L 337, 23.12.2015, p. 35). 31Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1).
Amendment 93 #
Proposal for a regulation
Recital 13
Recital 13
(13) In particular, online intermediation services (such as application stores, digital voice assistants and marketplaces), online search engines, operating systems, online social networking, internet browsers, video sharing platform services, number- independent interpersonal communication services, cloud computing services and online advertising services all have the capacity to affect a large number of end users and businesses alike, which entails a risk of unfair business practices. They therefore should be included in the definition of core platform services and fall into the scope of this Regulation. Online intermediation services may also be active in the field of financial services, and they may intermediate or be used to provide such services as listed non-exhaustively in Annex II to Directive (EU) 2015/1535 of the European Parliament and of the Council32. In certain circumstances, the notion of end users should encompass users that are traditionally considered business users, but in a given situation do not use the core platform services to provide goods or services to other end users, such as for example businesses relying on cloud computing services for their own purposes. __________________ 32Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services, OJ L 241, 17.9.2015, p. 1.
Amendment 96 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
Amendment 103 #
Proposal for a regulation
Recital 29
Recital 29
(29) Designated gGatekeepers should comply with the obligations laid down in this Regulation in respect of each of the core platform services listed in the relevant designation decision. The mandatory rules should apply taking into account the conglomerate position of gatekeepers, where applicable. Furthermore, implementing measures that the Commission may by decision impose on the gatekeeper following a regulatory dialogue should be designed in an effective manner, having regard to the features of core platform services as well as possible circumvention risks and in compliance with the principle of proportionality and the fundamental rights of the undertakings concerned as well as those of third parties.
Amendment 109 #
Proposal for a regulation
Recital 36
Recital 36
(36) The conduct of combining end user data from different sources or signing in users to different services of gatekeepers gives them potential advantages in terms of accumulation of data, thereby raising barriers to entry. To ensure that gatekeepers do not unfairly undermine the contestability of core platform services, they should enable their end users to freely choose to opt-in to such business practices by offering a lnot be permitted to combine the personal data of end users or business pusersonalised alt genernative. The possibility should cover all possible sources of personal data, including own services of theed by a core or ancillary service with data from a gatekeeper as wellor as third -party websites, and should be proactively presented to the end user in an explicit, clear and straightforward mannerservice.
Amendment 114 #
Proposal for a regulation
Recital 37
Recital 37
(37) Because of their position, gatekeepers might in certain cases restrict the ability of business users of their online intermediation services to offer their goods or services to end users under more favourable conditions, including price, through other online intermediation services or online direct sales channels belonging to them. Such restrictions have a significant deterrent effect on the business users of gatekeepers in terms of their use of alternative online intermediation services, limiting inter-platform contestability, which in turn limits choice of alternative online intermediation channels for end users. To ensure that business users of online intermediation services of gatekeepers can freely choose alternative online intermediation services and differentiate the conditions under which they offer their products or services to their end users, it should not be accepted that gatekeepers limit business users from choosing to differentiate commercial conditions, including price. Such a restriction should apply to any measure with equivalent effect, such as for example increased commission rates or de-listing of the offers of business users.
Amendment 116 #
Proposal for a regulation
Recital 38
Recital 38
(38) To prevent further reinforcing their dependence on the core platform services of gatekeepers, the business users of these gatekeepers should be free in promoting and choosing the distribution channel they consider most appropriate to interact with any end users that these business users have already acquired through core platform services provided by the gatekeeper. Conversely, end users should also be free to choose offers of such business users and to enter into contracts with them either through core platform services of the gatekeeper, if applicable, or from a direct distribution channel of the business user or another indirect distribution channel such business user may use. This should apply to the promotion of offers and conclusion of contracts between business users and end users. Moreover, the ability of end users to freely acquire contentdigital content and services, subscriptions, features or other items outside the core platform services of the gatekeeper should not be underminblocked or restricted, including by the use of technical means. In particular, it should be avoided that gatekeepers restrict end users from access to and use of such services vialegally acquired services via hardware components or a software application running on their core platform service. For example, subscriberaccess to online content purchased outside a software application download or purchased from a software application store should not be prevented from accessing such online content on a software application on the gatekeeper’s core platform service simply because it was purchased outside such software application or software application store.
Amendment 117 #
Proposal for a regulation
Recital 39
Recital 39
(39) To safeguard a fair commercial environment and protect the contestability of the digital sector it is important to safeguard the right of business users, end users and third parties having a legitimate interest to raise concerns about unfair behaviour by gatekeepers with any relevant administrative, judicial or other public authorities. For example, business users, end users and third parties having a legitimate interest may want to complain about different types of unfair practices, such as discriminatory access conditions, unjustified closing of business user or end user accounts or unclear grounds for product de-listings. Any practice that would in any way inhibit such a possibility of raising concerns or seeking available redress, for instance by means of confidentiality clauses in agreements or other written terms, should therefore be prohibited. This should be without prejudice to the right of business users and gatekeepers to lay down in their agreements the terms of use, in clear and intelligible language, including the use of lawful complaints-handling mechanisms, including any use of alternative dispute resolution mechanisms or of the jurisdiction of specific courts in compliance with respective Union and national law This should therefore also be without prejudice to the role gatekeepers play in the fight against illegal content online.
Amendment 127 #
Proposal for a regulation
Recital 43
Recital 43
(43) A gatekeeper may in certain circumstances have a dual role as a provider of core platform services whereby it provides a core platform service to its business users, while also competing with those same business users in the provision of the same or similar services or products to the same end users, including for ancillary services. In these circumstances, a gatekeeper may take advantage of its dual role to use data, generated from transactions by its business users on the core platform or transactions on its ancillary service, for the purpose of its own services that offer similar services to that of its business users. This may be the case, for instance, where a gatekeeper provides an online marketplace or app store to business users or to its providers, and at the same time offers services as an online retailer or provider of application software against those business users or its providers. To prevent gatekeepers from unfairly benefitting from their dual role, it should be ensured that they refrain from using any aggregated or non-aggregated data, which may include anonymised and personal data that is not publicly available to offer similar services to those of their business users. This obligation should apply to the gatekeeper as a whole, including but not limited to its business unit that competes with the business users of a core platform service or with the provider of an ancillary service.
Amendment 132 #
Proposal for a regulation
Recital 47 a (new)
Recital 47 a (new)
(47a) Gatekeepers should be able to implement proportionate technical or contractual measures to restrict end users’ ability to access any content that is illegal or does not respect intellectual property in the software applications or software application stores of third parties.
Amendment 134 #
Proposal for a regulation
Recital 48
Recital 48
(48) Gatekeepers are often vertically integrated and offer certain products or services to end users through their own core platform services, or through a business user over which they exercise control which frequently leads to conflicts of interest. This can include the situation whereby a gatekeeper offers its own online intermediation services through an online search engine. When offering those products or services on the core platform service, gatekeepers can reserve a better position to their own offering, in terms of ranking, as opposed to the products of third parties also operating on that core platform service. This can occur for instance with products or services, including other core platform services, which are ranked in the results communicated by online search engines, or which are partly or entirely embedded in online search engines results, groups of results specialised in a certain topic, displayed along with the results of an online search engine, which are considered or used by certain end users as a service distinct or additional to the online search engine. Other instances are those of software applications which are distributed through software application stores, or products or services that are given prominence and display in the newsfeed of a social network, or products or services ranked in search results or displayed on an online marketplace, or products or services to which users are directed following a voice request by the end user to a digital voice assistant. In those circumstances, the gatekeeper is in a dual- role position as intermediary for third party providers and as direct provider of products or services of the gatekeeper. Consequently, these gatekeepers have the ability to undermine directly the contestability for those products or services on these core platform services, to the detriment of business users which are not controlled by the gatekeeper.
Amendment 155 #
Proposal for a regulation
Recital 72
Recital 72
(72) The Commission should be able to take the necessary actions to monitor the effective implementation and compliance with the obligations laid down in this Regulation. Such actions should include the ability of the Commission to appoint independent external experts, such as and auditors to assist the Commission in this process, including where applicable from competent independent authorities, such as data or consumer protection authorities. The Commission may require gatekeepers to provide independent experts with continuous access to data and algorithms in order to enforce the obligations laid down in Articles 5 and 6 of this Regulation.
Amendment 156 #
Proposal for a regulation
Recital 75
Recital 75
(75) In the context of proceedings carried out under this Regulation, the undertakings concerned should be accorded the right to be heard by the Commission and the decisions taken should be widely publicised. While ensuring the rights to good administration and the rights of defence of the undertakings concerned, in particular, the right of access to the file and the right to be heard, it is essential that confidential information be protected. Furthermore, while respecting the confidentiality of the information, the Commission should ensure that any information relied on for the purpose of the decision is disclosed to an extent that allows the addressee of the decision to understand the facts and considerations that led up to the decision. Finally, under certain conditions certain business records, such as communication between lawyers and their clients, may be considered confidential if the relevant conditions are met. Parties directly concerned by the obligations laid down in Articles 5 and 6 should be considered to have an interest and should therefore be able to be heard. Where a procedure concerns products or services used by end consumers, the consumer associations should be considered to have a sufficient interest.
Amendment 157 #
Proposal for a regulation
Recital 77
Recital 77
(77) The advisory committee established in accordance with Regulation (EU) No 182//2011 should also deliver opinions on certain individual decisions of the Commission issued under this Regulation. The Commission should involve in this advisory committee third parties representing affected end users. In order to ensure contestable and fair markets in the digital sector across the Union where gatekeepers are present, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to supplement this Regulation. In particular, delegated acts should be adopted in respect of the methodology for determining the quantitative thresholds for designation of gatekeepers under this Regulation and in respect of the update of the obligations laid down in this Regulation where, based on a market investigation the Commission has identified the need for updating the obligations addressing practices that limit the contestability of core platform services or are unfair. It is of particular importance that the Commission carries out appropriate consultations and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 201636. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 36Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (OJ L 123, 12.5.2016, p.1).
Amendment 158 #
Proposal for a regulation
Recital 78 a (new)
Recital 78 a (new)
(78a) Gatekeepers often highlight sponsored search results, or elements promoting their own products and services, and limit the display of organic results.
Amendment 165 #
Proposal for a regulation
Article premier – paragraph 5
Article premier – paragraph 5
5. Member States shall not impose on gatekeepers further obligations by way of laws, regulations or administrative action for the purpose of ensuring contestable and fair markets. This is without prejudice toshall not affect rules pursuing other legitimate public interests, in compliance with Union law. In particular, nothing in this Regulation precludes Member States from imposing obligations, which are compatible with Union law, on undertakings, including providers of core platform services where these obligations are unrelated to the relevant undertakings having a status of gatekeeper within the meaning of this Regulation in order to protect consumers or to fight against acts of unfair competition, in order to protect consumers, fight against acts of unfair competition, protect and foster media freedom, pluralism of media and opinions, respect for multilingualism and ‘cultural exception’ and support other legitimate public interests.
Amendment 167 #
Proposal for a regulation
Article premier – paragraph 6
Article premier – paragraph 6
6. This Regulation is without prejudice to the application of Articles 101 and 102 TFEU. It is also without prejudice tomust not undermine the application of: national rules prohibiting anticompetitive agreements, decisions by associations of undertakings, concerted practices and abuses of dominant positions; national competition rules prohibiting other forms of unilateral conduct insofar as they are applied to undertakings other than gatekeepers or amount to imposing additional obligations on gatekeepers; Council Regulation (EC) No 139/200438 and national rules concerning merger control; Regulation (EU) 2019/1150 and Regulation (EU) …./.. of the European Parliament and of the Council39. This Regulation shall not prevent Member States from imposing other obligations on gatekeepers. __________________ 38Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (OJ L 24, 29.1.2004, p. 1). 39Regulation (EU) …/.. of the European Parliament and of the Council – proposal on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC.
Amendment 171 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a
Article 2 – paragraph 1 – point 2 – point a
(a) online intermediation services, including digital voice assistants, marketplaces and application stores;
Amendment 177 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point h a (new)
Article 2 – paragraph 1 – point 2 – point h a (new)
(ha) internet browsers;
Amendment 180 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point h b (new)
Article 2 – paragraph 1 – point 2 – point h b (new)
(hb) digital voice assistants;
Amendment 182 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point h c (new)
Article 2 – paragraph 1 – point 2 – point h c (new)
(hc) marketplaces;
Amendment 183 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point h d (new)
Article 2 – paragraph 1 – point 2 – point h d (new)
(hd) application stores;
Amendment 188 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10 a (new)
Article 2 – paragraph 1 – point 10 a (new)
(10a) ‘Digital voice assistant’ means a software application enabling an oral dialogue with an end user in a natural language. It serves as an intermediary between end users and business users by means of voice applications;
Amendment 195 #
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(14) ‘Ancillary service’ means services provided in the context of or together with core platform services, including retail activities and payment services as defined in point 3 of Article 4 and technical services which support the provision of payment services as defined in Article 3(j) of Directive (EU) 2015/2366, fulfilment, identification or advertising services;
Amendment 197 #
Proposal for a regulation
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
(18) ‘Ranking’ means the relative prominence given to goods or services offered through online intermediation services or online social networking services, or the relevance given to search results by online search engines, as presented, organised or communicated by the providers of online intermediation services or of online social networking services or by providers of online search engines, respectivelyservice providers, whatever the technological means used for such presentation, organisation or communication;
Amendment 200 #
Proposal for a regulation
Article 2 – paragraph 1 – point 23 a (new)
Article 2 – paragraph 1 – point 23 a (new)
(23a) ‘Interoperability’ means the ability of the legally acquired digital content or digital service to function with software or hardware different from those for which it was originally supplied. Interoperability is part of an open ecosystem which makes it possible to access acquired digital content and services easily;
Amendment 203 #
Proposal for a regulation
Article 2 – paragraph 1 – point 23 b (new)
Article 2 – paragraph 1 – point 23 b (new)
(23b) ‘internet browser’ means software for accessing, displaying and interacting with content hosted on servers connected to the internet;
Amendment 205 #
Proposal for a regulation
Article 2 – paragraph 1 – point 23 c (new)
Article 2 – paragraph 1 – point 23 c (new)
(23c) ‘organic results’ means the results of a search based solely on the relevance of the information;
Amendment 229 #
Proposal for a regulation
Article 3 – paragraph 8
Article 3 – paragraph 8
8. The gatekeeper shall comply with the obligations laid down in Articles 5 and 6 wias quickly as possible, and by no later thian sixthree months after a core platform service has been included in the list pursuant to paragraph 7 of this Article.
Amendment 237 #
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 business users or end users to other services of the gatekeeper in order to combine personal data, unless the end user has been presented with the specific choice and provided consent in the sense of Regulation (EU) 2016/679. ;
Amendment 239 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) allow business users to offer the same products or services to end usersrefrain from setting contractual obligations which limit the possibility for business users and providers of ancillary services of the gatekeeper to offer the same products or services to end users, either themselves through online direct sales channels or through third party online intermediation services, at prices or conditions that are different from those offered through the online intermediation services of the gatekeeper;
Amendment 245 #
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) refrain from preventing or restricting business users, providers of ancillary services of the gatekeeper, end users or third parties having a legitimate interest from raising issues with any relevant public authority relating to any practice of gatekeepers;
Amendment 250 #
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) refrain from requiring business users to use, offer or interoperate with an identificationy ancillary service of the gatekeeper in the context of services offered by the business users using the core platform services of that gatekeeper;
Amendment 251 #
Proposal for a regulation
Article 5 – paragraph 1 – point e a (new)
Article 5 – paragraph 1 – point e a (new)
(ea) refrain from requiring business users to use the ancillary services of gatekeepers;
Amendment 257 #
Proposal for a regulation
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
(g) provide advertisers and, publishers to which it supplies advertising servicand third parties having a legitimate interest, upon their request, with information concerning the price paid by the advertiser and publisher, as well as the amount or remuneration paid to the publisher, for the publishing of a given ad and for each of the relevant advertising services provided by the gatekeeper. and for each advertising service, with all non-personal information so that they can verify the performance and scope of the service ordered;
Amendment 260 #
Proposal for a regulation
Article 5 – paragraph 1 – point g a (new)
Article 5 – paragraph 1 – point g a (new)
(ga) refrain from imposing the use of a single payment method as a condition for business users to use or allow access to one of its core platform services;
Amendment 262 #
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. In respect of each of its core platform services identified pursuant to Article 3(7) and its ancillary services, including distribution services, a gatekeeper shall:
Amendment 263 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) refrain from using, in competition with business users of its core platform services and providers of ancillary services, including distribution services, any data not publicly available, which is generated through activities by those business users or providers, including by their end users of these business users, of its core platform services, or provided by those business users of its core platform servicer providers or by their end users of these business users;
Amendment 267 #
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) allow the installation and effective use of third party software applications or software application stores using, or interoperating with, operating systems of that gatekeeper and allow these software applications or software application stores to be accessed by means other than the core platform services of that gatekeeper. The gatekeeper shall not be prevented from taking proportionate measures to ensure that third party software applications or software application stores do not endanger the integrity of the hardware or operating system provided by the gatekeeper; . Moreover, nothing shall prevent the gatekeeper from taking proportionate action to enforce intellectual property rights and tackle counterfeiting and illegal content online.
Amendment 271 #
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) refrain from treating more favourably in ranking, display and other parameters and in access to and conditions of use of services, services and products offered by the gatekeeper itself or by any third party, whether or not they belonging to the same undertakings, compared to similar services or products of a third party and apply transparent, fair and non-discriminatory conditions to such ranking;
Amendment 278 #
Proposal for a regulation
Article 6 – paragraph 1 – point f a (new)
Article 6 – paragraph 1 – point f a (new)
(fa) allow effective interoperability for end users of a legally acquired digital content or service. They must be able to access such content without any technical restriction;
Amendment 282 #
Proposal for a regulation
Article 6 – paragraph 1 – point h
Article 6 – paragraph 1 – point h
(h) provide effective portability of data generated through the activity of a business user or by goods and services provided by a provider of ancillary services of a gatekeeper or end user and shall, in particular, provide tools for end users to facilitate the exercise of data portability, in line with Regulation EU 2016/679, including by the provision of continuous and real-time access ;
Amendment 283 #
Proposal for a regulation
Article 6 – paragraph 1 – point i
Article 6 – paragraph 1 – point i
(i) provide business users and providers of ancillary services, including distribution services, or third parties authorised by a business user, free of charge, with effective, high-quality, continuous and real-time access and use of aggregated or non-aggregated data, that is provided for or generated in the context of the use of the relevant core platform services and ancillary services by those business users and the end users engaging with the products or services provided by those business users; for personal data, provide access and use only where directly connected with the use effectuated by the end user in respect of the products or services offered by the relevant business user through the relevant core platform service, and when the end user opts in to such sharing with a consent in the senfrom the gatekeeper or directly from the relevant business user as set of theut in Article 11(2) in the sense of Regulation (EU) 2016/679;
Amendment 286 #
Proposal for a regulation
Article 6 – paragraph 1 – point j
Article 6 – paragraph 1 – point j
Amendment 290 #
Proposal for a regulation
Article 6 – paragraph 1 – point k
Article 6 – paragraph 1 – point k
(k) apply fair and non-discriminatory general conditions of access for business users to its software application storeof its core platform, including its software application store, its digital voice assistant, its online search engine and its online social network designated pursuant to Article 3 of this Regulation.
Amendment 295 #
Proposal for a regulation
Article 6 – paragraph 1 – point k a (new)
Article 6 – paragraph 1 – point k a (new)
(ka) refrain from displaying a preferential ranking following a search. Preference should be given to displaying organic results;
Amendment 298 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. For the purposes of point (a) of paragraph 1 data that is not publicly available shall include any aggregated and non-aggregated data generated by business users or generated by goods and services produced, by a provider of ancillary services, for the account of the gatekeeper, that can be inferred from, or collected through, the commercial activities of business users or their customers on the core platform service, distribution, payment or any other ancillary service of the gatekeeper.
Amendment 301 #
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 effective in achieving the objective of the relevant obligation. The gatekeeper must demonstrate compliance with the obligations laid down in Articles 5 and 6 shall ensure that these measures are implemented in compliance with Regulation (EU) 2016/679 and Directive 2002/58/EC, and with legislation on cyber security, consumer protection and product safety.
Amendment 342 #
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. When the Commission pursuant to Article 3(6) designates as a gatekeeper a provider of core platform services that does not yet enjoy an entrenched and durable position in its operations, but it is foreseeable that it will enjoy such a position in the near future, it shall declare applicable to that gatekeeper onlythe obligations laid down in Article 5(b) and Article 6(1) points (e), (f), (h) and (i) as specified in the designation decision. The Commission shall only declare applicable those obligations that are appropriate and necessary to prevent that the gatekeeper concerned achieves by unfair means an entrenched and durable position in its operations. The Commission shall review such a designation in accordance with the procedure laid down in Article 4.
Amendment 345 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Where the market investigation shows that a gatekeeper has systematically infringed the obligations laid down in Articles 5 and 6 and has further strengthened or extended its gatekeeper position in relation to the characteristics under Article 3(1), the Commission may by decision adopted in accordance with the advisory procedure referred to in Article 32(4) impose on such gatekeeper any behavioural or structural remedies which are proportionate to the infringement committed and necessary to ensure compliance with this Regulation. The Commission shall conclude its investigation by adopting a decision within twelvesix months from the opening of the market investigation.
Amendment 346 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. A gatekeeper shall be deemed to have engaged in a systematic non- compliance with the obligations laid down in Articles 5 and 6, where the Commission has issued at least threewo non-compliance or fining decisions pursuant to Articles 25 and 26 respectively against a gatekeeper in relation to any of its core platform services within a period of five years prior to the adoption of the decision opening a market investigation in view of the possible adoption of a decision pursuant to this Article.
Amendment 350 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
The Commission may conduct a market investigation with the purpose of examining whether one or more services within the digital sector should be added to the list of core platform services or to detect types of practices that may limit the contestability of core platform services or may be unfair and which are not effectively addressed by this Regulation. It shall issue a public report at the latest within 24six months from the opening of the market investigation.
Amendment 378 #
Proposal for a regulation
Article 30 – paragraph 1 – introductory part
Article 30 – paragraph 1 – introductory part
1. Before adopting a decision pursuant to Article 7, Article 8(1), Article 9(1), Articles 15, 16, 22, 23, 25 and 26 and Article 27(2), the Commission shall give the gatekeeper or undertaking or association of undertakings concerned and third parties having a legitimate interest the opportunity of being heard on:
Amendment 381 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Gatekeepers, undertakings and associations of undertakings concerned and third parties having a legitimate interest may submit their observations to the Commission’s preliminary findings within a time limit which shall be fixed by the Commission in its preliminary findings and which may not be less than 14 days.
Amendment 383 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. When threre one or more Member States, or any legal person able to demonstrate a legitimate interest in representing business users or consumers, requests the Commission to open an investigation pursuant to Article 15, 16 and 17 because ithey considers that there are reasonable grounds to suspect that a provider of core platform services should be designated as a gatekeeper, or that a gatekeeper is not complying with the obligations laid down in Article 5 and 6 of this Regulation, or that one or more services should be added to the list of core platform services, the Commission shall within fourthree months examine whether there are reasonable grounds to open such an investigation and must substantiate any decision not to open an investigation.
Amendment 385 #
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. The Member States, or any legal person able to demonstrate a legitimate interest in representing business users or consumers, shall submit evidence in support of theirits request.