22 Amendments of Jaromír KOHLÍČEK related to 2018/0112(COD)
Amendment 136 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down rules to ensure that business users of online intermediation services and corporate website users in relation to online search engines are granted appropriate transparency and effective redress possibilities.
Amendment 142 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation shall apply to online intermediation services and online search engines provided, or offered to be provided, to business users and corporate website users, respectively, that have their place of establishment or residence in the Union and that, through online intermediation services or online search engines, offer goods or services to consumers located in the Union, irrespective of the place of establishment or residence of the providers of those services.
Amendment 154 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
Amendment 160 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
Amendment 165 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
(8) ‘ranking’ means the relative prominence given to the goods or services offered to consumers by business users through online intermediation services, or to websites indexed for consumers by online search engines, as presented, organised or communicated to those consumers by the providers of online intermediation services or by providers of online search engines, respectively, irrespective of the technological means used for such presentation, organisation or communication;
Amendment 189 #
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.
Amendment 194 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2
Article 3 – paragraph 3 – subparagraph 2
The envisaged modifications shall not be implemented before the expiry of a notice period which is reasonable and proportionate to the nature and extent of the envisaged modifications and to their consequences for the business user concerned. That notice period shall be at least 15 days from the date on which the provider of online intermediation services notifies the business users concerned about the envisaged modifications.
Amendment 198 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 3
Article 3 – paragraph 3 – subparagraph 3
The business user concerned may, either by means of a written statement or a clear affirmative action, waive the notice period referred to in the second subparagraph. A risk-based approach must generally apply
Amendment 218 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a These obligations do not apply to situation to professional users are trying to circumvent established rules, principles and algorithms in order to harm service providers and/or gain advantage over other professional users of the service concerned.
Amendment 220 #
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.
Amendment 229 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2
Article 5 – paragraph 1 – subparagraph 2
Where those main parameters include the possibility to influence ranking against any direct or indirect remuneration paid by business users to the provider of online intermediation services concerned, that provider of online intermediation services shall also include in its tprovide userms and conditionswith a description of those possibilities and of the effects of such remuneration on ranking.
Amendment 233 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 240 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 247 #
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 other business sensitive information that determine their competitive advantage.
Amendment 253 #
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5 a Providers of online intermediation services shall make sure that information revealed under this Article does not result in a consumer harm following manipulation of ranking by business users.
Amendment 295 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Where, in the provision of their services, providers of online intermediation services restrict the ability of business users to offer the same goods and services to consumers under different conditions through other means than through those servicesablish obligation for business users to provide them with the same conditions for goods and services as they have at their homepage, they shall include grounds for that restriction in 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 restrictions.
Amendment 299 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 2 – introductory part
Article 9 – paragraph 1 – subparagraph 2 – introductory part
That internal complaint-handling system shall be easily accessible for business users. It shall allow themallow business users to lodge complaints directly with the provider concerned regarding any of the following issues:
Amendment 306 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Providers of online intermediation services shall include in their tprovide business userms and conditionswith all relevant information relating to the access to and functioning of their internal complaint-handling systemcomplaints lodging.
Amendment 307 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 316 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
Providers of online intermediation services shallcould identify in their terms and conditions one or more mediators with which they are willing to engage to attempt to reach an agreement with business users on the settlement, out of court, of any disputes between the provider and the business user arising in relation to the provision of the online intermediation services concerned, including complaints that could not be resolved by means of the internal complaint-handling system referred to in Article 9.
Amendment 320 #
2. TIf established by intermediary service providers the mediators referred to in paragraph 1 shall meet the following requirements:
Amendment 329 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Providers of online intermediation services shallcould bear a reasonable proportion of the total costs of mediation in each individual case. A reasonable proportion of those total costs shall be determined, on the basis of a suggestion by the mediator, by taking into account all relevant elements of the case at hand, in particular the relative merits of the claims of the parties to the dispute, the conduct of the parties, as well as the size and financial strength of the parties relative to one another. However, providers of online intermediation services shall in any case bear at least half of the total cost.