11 Amendments of Inés AYALA SENDER related to 2018/0112(COD)
Amendment 56 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) The information and transparency duties of the parties involved must be rigorously enforced in order for consumers to be able to trust in the platforms and businesses they use and so as not to undermine their trust in the single market. All initiatives that enhance transparency of rating mechanisms and help establish reliable reputation criteria should be encouraged.
Amendment 64 #
Proposal for a regulation
Recital 12
Recital 12
(12) In order to effectively protect business users where needed, this RegulTransparency of all situations should apply where the terms and conditions of a contractual relationship, regardless of their name or form, are not individually negotiated by the parties to them. Whether or not terms and conditionbe covered regardless of the type of contract. In order to effectively protect business users where individually negotiated should be determined on the basis of an overall assessment, whereby the fact that certain provisions thereof may have been individually negotiated is, in itself, not decisiveneeded, this Regulation should apply regardless of whether terms were individually negotiated or not.
Amendment 69 #
Proposal for a regulation
Recital 16
Recital 16
(16) A provider of online intermediation services can have legitimate reasons to apply restriction or sanctions to business users, as well as to decide to suspend or terminate the provision of its services, in whole or in part, to a given business user, including by delisting individual goods or services of a given business user or effectively removing search results. However, given that such decisions can significantly affect the interests of the business user concerned, they should be properly informed of the reasons thereof. The statement of reasons should allow business users to ascertain whether there is scope to challenge the decision, thereby improving the possibilities for business users to seek effective redress where necessary. In addition, requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content, in line with Commission Recommendation (EU) No 2018/33422 . The statement of reasons should identify the objective ground or grounds for the decision, based on the grounds that the provider had set out in advance in its terms and conditions, and refer in a proportionate manner to the relevant specific circumstances that led to that decision. _________________ 22 Commission Recommendation (EU) No 2018/334 of 1 March 2018 on measures to effectively tackle illegal content online (OJ L 63, 6.3.2018, p. 50).
Amendment 74 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16 a) As providers of intermediation services often work with additional distribution channels or affiliate programs, transparency towards business users shall be ensured in this respect. Business users shall also have the right to make adjustments on channels where their offers are traded.
Amendment 80 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19 a) As online intermediaries often own more than one platform or website, they should inform business users that sign a contract for listing with them, of which platforms or websites the listing is displayed on.
Amendment 122 #
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) set out the objective grounds, consistent with those terms and conditions, for decisions to suspend or terminate, in whole or in part, the provision of their online intermediation services to business users.
Amendment 123 #
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) set out the objective grounds for decisions to suspend or terminate, terminate or impose any other kind of sanction upon, in whole or in part, the provision of their online intermediation services to business users.
Amendment 126 #
Proposal for a regulation
Article 3 – paragraph 1 – point c a (new)
Article 3 – paragraph 1 – point c a (new)
(c a) Providers of online intermediation services shall inform business users on their additional distribution channels and potential affiliate programmes that they are going to serve with the offers of business users. Business user shall be granted the right to ask for their removal from such additional distribution channels.
Amendment 140 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where a provider of online intermediation services decides to suspend or terminate,anction perceived misconduct, or suspend, de-list, terminate or restrict in whole or in part, the provision of its online intermediation services to a given business user, it shall provide the business user or users concerned, without undue delay, with a statement of reasons for that decision.
Amendment 147 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Providers of online intermediation services shall set out in their terms and conditions the main parameters determining ranking and the reasons for the relative importance of those main parameters as opposed to other parameters. Any changes to the parameters determining ranking shall be communicated to the business users in a timely manner and in clear and unambiguous language. Parameters determining ranking shall be applied in a non-discriminatory manner to business users.
Amendment 155 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Providers of online search engines shall set out for corporate website users the main parameters determining ranking as well as the reasons for the relative importance of those main parameters, by providing an easily and publicly available description, drafted in clear and unambiguous language on the online search engines of those providers. They shall keep that description up to date.