BETA

11 Amendments of Lambert van NISTELROOIJ related to 2018/0112(COD)

Amendment 258 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3
(3) ‘provider of online intermediation services, online search engine services and of operating systems’ means any natural or legal person which provides, or which offers to provide, online intermediation services to business users, and reaches more than 5 million unique visitors a month;
2018/10/08
Committee: IMCO
Amendment 474 #
Proposal for a regulation
Article 6 – paragraph 2 a (new)
2a. Unfair Trading Practices 1. The provider of an online intermediation service, an operating system or an online search engine service, shall not engage in unfair commercial practices. 2. A practice shall constitute an unfair commercial practice if the practice leads to situations where there is a materially detrimental impact on competition and consumer choice. 3. In assessing whether a trading practice is unfair, account shall be taken of the following factors: (a) the market position of the online intermediary and the business user; and (b) whether there is a significant imbalance in the parties’ negotiating abilities which results in the online intermediary imposing an unreasonable burden on the business user in its terms and conditions or its commercial practices. 4. The Annex contains a list of those commercial practices which shall in all circumstances be regarded as unfair. The same single list shall apply in all Member States. 5. Article 6.4 does not apply where providers of an online intermediation service, operating system or a search engine service, are required by law to undertake such practices. 6. The same single list shall be reviewed by the Platform Observatory who shall provide recommendations to the European Commission on further commercial practices which are unfair under this Article. 7. The European Commission shall, by [set date], after consulting stakeholders, issue a non-binding Guidance on unfair commercial practices.
2018/10/08
Committee: IMCO
Amendment 487 #
Proposal for a regulation
Article 7 – paragraph 1
1. Providers of online intermediation services shall include in their terms and conditions a description of the technical and contractual access, or absence thereof,ccess of business users to any personal data orand other data, or bothincluding in aggregated form, which business users or consumers provide for the use of the online intermediation services concerned or which are generated through the provision of those services and any data.
2018/10/08
Committee: IMCO
Amendment 489 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
1a. Providers of online intermediation services shall provide access to business users to any personal data and other data, including in aggregated form, which business users provide for the use of the online intermediation services concerned.
2018/10/08
Committee: IMCO
Amendment 490 #
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
2. Through the description referred to in paragraph 1, pProviders of online intermediation services shall adequately inform business users at least at least of the following:
2018/10/08
Committee: IMCO
Amendment 496 #
(a) whetherto which personal and or other data the provider of online intermediation services has access to personal data or other data, or both, which business users or consumers provide for the use of those services, or which are generated through the provision of those services, and if so, to whiany of such categories of such data and under what conditions;
2018/10/08
Committee: IMCO
Amendment 508 #
Proposal for a regulation
Article 7 – paragraph 2 – point b
(b) whether a business user has access to personal data or other data, or both, provided by that business user in connection to his or her use of the online intermediation services concerned or generated through the provision of those services to that business user and the consumers of his or her goods or services, and if so, to which categories of such data and under what conditions;
2018/10/08
Committee: IMCO
Amendment 515 #
Proposal for a regulation
Article 7 – paragraph 2 – point c
(c) whether, in addition to point (b), a business user has access to personal data or other data, or both, including in aggregated form, provided by or generated through the provision of the online intermediation services to all of the business users and consumers thereof, and if so, to which categories of such data and under what conditions.
2018/10/08
Committee: IMCO
Amendment 531 #
Proposal for a regulation
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 ground goods and services at issue through other means sthall include the main economic, commercial or legal considerations for those restrictionn the abovementioned intermediation services.
2018/10/08
Committee: IMCO
Amendment 545 #
Proposal for a regulation
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 application of other Union rules or from national rules that are in accordance with Union law and to which the providers of the online intermediation services are subjecterms and conditions, or specific provisions therein, where relevant, which would restrict the ability to offer different conditions shall be null and void to the extent that these do not comply with the provisions of paragraph 1.
2018/10/08
Committee: IMCO
Amendment 727 #
Proposal for a regulation
Annex (new)
Annex Commercial practices to be regarded as unfair in all circumstances Requiring the business user to use the online intermediation service provider’s ancillary services, including payment services, without the option to use any alternative methods; Burdening the business user with a unilateral liability clause which causes an unfair transfer of risk; Imposing retroactive contract clauses which are detrimental to the business user; Impeding consumers access to, or discovery of, products, services, or applications offered by other business users on the online service for reasons that are not objectively justifiable; Modifying terms and conditions without informing business users concerned; Maintaining the legal right to use the business user’s confidential information after the contract between the online intermediary service provider and the business user has expired; Any clause or practice which make it unduly difficult for a business user to terminate its relationship with an online intermediation service provider and/or use another online intermediation service. Impeding that consumers who access services through the online intermediation service have the right and ability to select and use the services of their choice, without facing any undue burdens; Where a provider of online intermediation services itself offers goods or services to consumers through its own online intermediation services, or does so through a business user which it controls, not providing all information necessary to enable other business users to achieve the same level and quality of interoperability with services or functionality accessed through the service as are available to services offered by the provider itself; Where a provider of online intermediation services itself offers goods or services to consumers through its own online intermediation services, or does so through a business user which it controls, providing any technical or economic advantage to its own services, or to services that it controls, that it denies to competing business users; and Interfering in the commercial relationship between competing business users and consumers of their services, such as by blocking or otherwise restricting the flow of information and communication between them, including advertising and marketing.
2018/10/08
Committee: IMCO