38 Amendments of Pilar del CASTILLO VERA related to 2020/2018(INL)
Amendment 51 #
Motion for a resolution
Recital E
Recital E
E. whereas in its communication to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 19 February 2020 “Shaping Europe’s digital future”, the Commission committed itself to adopting, as part of the Digital Services Act package, new and revised rules for online platforms and information service provider; to reinforcing the oversight over platforms’ content policies in the EU; and, to looking into ex ante rules to ensure that large platforms with significant network effects, acting as gatekeepers, remain fair and contestable for innovators, businesses, and new market entrants; including SMEs, start-ups, entrepreneurs and new market entrants; believes that the Digital Services Act should complement the existing legal framework together with other relevant legislation, such as rules on consumer protection, enforcement, product safety, market surveillance, competition, geo-blocking, audio-visual media services, copyright and the General Data Protection Regulation;
Amendment 61 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s commitment to submit a proposal for a Digital Services Act package, consisting of a directive amending the E-Commerce Directive and a proposal for a Regulation on ex-ante rules on large platforms with a gatekeeper role, and, on the basis of Article 225 of the Treaty on the Functioning of the European Union (TFEU), calls on the Commission to submit such a package on the basis of the relevant Articles of the Treaties, following the recommendations set out in the Annex hereto;
Amendment 80 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
(a) Stresses the importance to address the remaining unjustified obstacles to the Digital Single Market and avoid protectionist measures, which are sometimes used by Member States to boost national competition. For example, settling the costs of cross-border disputes, suppliers’ restrictions to selling cross- border, delivery-related matters, taxation rules, limited cross-border access to goods and services due to differences in intellectual property rights law, access to information on the relevant regulatory requirements, complex administrative procedures, as well as ensuring that no new barriers are created;
Amendment 87 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that the main principles of the E-Commerce Directive, such as the internal market clause, freedom of establishment and the prohibition on imposing a general monitoring obligation should be maintained; underlines that the principle of “what is illegal offline is also illegal online”, as well as the principles of consumer protection and user safety, should also become guiding principles of the future regulatory framework; highlights that all platforms must have the same duty to protect consumers whereby asymmetrical legislation which targets only certain market actors can be introduced solely as a means to tackle market-related problems;
Amendment 103 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that a future-proof, comprehensive EU-level framework and fair competition are crucial in order to promote the growth of European small- scale platforms, small and medium enterprises (SMEs), micro companies, entrepreneurs and start-ups, prevent market fragmentation and provide European businesses with a level playing field that enables them to better profit from the digital services market and be more competitive on the world stage;
Amendment 117 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Takes the view that a level playing field in the internal market between the platform economy and the "traditional" offline economy, based on the same rights and obligations for all interested parties - consumers and businesses - is needed; considers that social protection and social rights of workers, especially of platform or collaborative economy workers should be properly addressed in a specific instrument, accompanying the future regulatory framework;
Amendment 129 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Highlights that the regulatory framework in the electronic communications sector through the imposition of remedies over the last 30 years together with a continuous revision of the relevant markets subject to ex-ante regulation, has created a competitive communication’s market in Europe; notes that the use of the Significant Market Power criteria would provide the best basis to determine the dominance of digital gatekeepers as well and the imposition of remedies aimed at ensuring competition and preserving innovation in digital markets;
Amendment 133 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that the Digital Services Act should be based on public values of the Union protecting citizens’ rights should aim to foster the creation of a rich and diverse online ecosystem with a wide range of online services, favourable digital environment and legal certainty to unlock the full potential of the Digital Single Market; believes that the EU should focus on removing existing obstacles in the Digital Single Market and on ensuring consumer and fundamental rights protection as one of the main objectives of the reform of the E-Commerce Directive; considers in this context that the Single Market objective can only be achieved if consumer trust is ensured; believes that the updated E-Commerce rules must clearly establish that consumer law and product safety requirements fall within their scope of application in order to ensure legal certainty;
Amendment 169 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that information society services providers, and in particular online platforms andincluding social networking sites - because of their wide-reaching ability to reach and influence broader audiences, behaviour, opinions, and practices - bear significant social responsibility in terms of protecting users and society at large and preventing their services from being exploited abusively.
Amendment 182 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls that recent scandals regarding data harvesting and selling, Cambridge Analytica, fake news, political advertising and manipulation and a host of other online harms (from hate speech to the broadcast of terrorism) have shown the need to revisit the existing rules and reinforce protection of fundamental rights online;
Amendment 260 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses that existing obligations, set out in the E-Commerce Directive and the Directive 2005/29/EC of the European Parliament and of the Council (‘Unfair Commercial Practices Directiveʼ)3 on transparency of commercial communications and digital advertising should be strengthened; points out that pressing consumer protection concerns about profiling, targeting and personalised pricing cannotshould be addressed by, among others, by clear transparency obligations and left to consumer choice aloneinformation requirements; __________________ 3 Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (OJ L 149, 11.6.2005, p. 22).
Amendment 276 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Believes that while AI-driven services, currently governed by the E- commerce Directive, have enormous potential to deliver benefits to consumers and service providers, the new Digital Services Act should also address the challenges they present in terms of ensuring non-discrimination, transparency and explainability of algorithms, as well as liability; points out the need to monitor algorithms and to assess associated risks, to use high quality and when possible unbiased datasets, as well as to help individuals acquire access to diverse content, opinions, high quality products and services;
Amendment 344 #
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Believes that where intermediaries are established in a third country, they should designate a legal representative, established in the Union, who can be held accountable for the products they offer;
Amendment 438 #
Motion for a resolution
Paragraph 27
Paragraph 27
27. Notes that, today, some markets are characterised by large platforms with significant network effects which are able to act as de facto “online gatekeepers” of the digital economy and create new bottlenecks through inflexible terms of access, limited access to operating systems´ functionalities or access to user transactions’ data;
Amendment 452 #
Motion for a resolution
Paragraph 28
Paragraph 28
28. Considers that by reducing barriers to market entry and by regulating large platforms, an internal market instrument imposing ex-ante regulatory remedies on these large platformsplatforms with significant market power has the potential to open up markets to new entrants, including SMEs and start-ups, thereby promoting consumer choice and driving innovation beyond what can be achieved by competition law enforcement alone;
Amendment 454 #
Motion for a resolution
Paragraph 28
Paragraph 28
28. Considers that by reducing barriers to market entry and by regulating large platforms, an internal market instrument imposing ex-ante regulatory remedies on these large platforms has the potential to open up markets to new entrants, including SMEs, entrepreneurs and start-ups, thereby promoting consumer choice and driving innovation beyond what can be achieved by competition law enforcement alone;
Amendment 461 #
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Believes that the ex-ante regulatory instrument should ensure fair trading conditions on all platforms, including possible additional requirements – for example, a list of obligations /prohibitions – for those that play a gatekeeper role;
Amendment 471 #
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
(a) Believes that the root cause of the remaining unjustified obstacles in the digital single market stem from different regulatory choices at Union and at national level, imperfect or inadequate transposition, implementation and enforcement of Union legislation, insufficient administrative capacity and practices in Member States, as well as from protectionist measures carried out by Member States; calls on the Commission to address those causes in close cooperation with Member States;
Amendment 479 #
Motion for a resolution
Paragraph 30
Paragraph 30
30. Considers that a central regulatory authority should be established which should be responsible for the oversight and compliance with the Digital Services Act and have supplementary powers to tackle cross-border issues; it should be entrusted with investigation and enforcement powers; stresses however that the Body of European Regulators in Electronic Communications should play a major role in identifying relevant markets and significant market power and in imposing ex ante remedies;
Amendment 480 #
Motion for a resolution
Paragraph 30
Paragraph 30
30. Considers that a central regulatory authority should be established which should be responsible for the oversight and compliance with the Digital Services Act and have supplementary powers to tackle cross-border issues; it should be entrusted with strong investigation and enforcement powers; stresses that cooperation between national as well as other Member States’ authorities, civil society and consumer organisations is of utmost importance for achieving effective enforcement;
Amendment 507 #
Motion for a resolution
Annex I – part I – paragraph 1
Annex I – part I – paragraph 1
The Digital Services Act should contribute to the strengthening of the internal market by ensuring the free movement of digital services, while at the same time guaranteeing a high level of consumer protection, includingand the improvement of users’ safety online;
Amendment 509 #
Motion for a resolution
Annex I – part I – paragraph 1 a (new)
Annex I – part I – paragraph 1 a (new)
The Digital Services Act should contribute to the removal of the existing unjustified obstacles to the digital single market, which many times arise from protectionist measures by Member States, as well as ensuring that no new barriers are created;
Amendment 572 #
Motion for a resolution
Annex I – part III – paragraph 1 – indent 1
Annex I – part III – paragraph 1 – indent 1
- clarify to what extent “"new digital services”", such as social media networks, collaborative economy services, search engines, wifi hotspots, online advertising, comparison tools, cloud services, content delivery networks, and domain name services fall within the scope of the Digital Services Act;
Amendment 579 #
Motion for a resolution
Annex I – part III – paragraph 1 – indent 3
Annex I – part III – paragraph 1 – indent 3
Amendment 583 #
Motion for a resolution
Annex I – part III – paragraph 1 – indent 4
Annex I – part III – paragraph 1 – indent 4
- clarify of what falls within the remit of the "illegal content”", definition making it clear that a violation of EU rules on consumer protection, product safety or the offer or sale of food or tobacco products and counterfeit medicines, also falls within the definition of illegal content; it is also necessary to clarify what falls under "harmful content" and "disinformation";
Amendment 590 #
Motion for a resolution
Annex I – part III – paragraph 1 – indent 5
Annex I – part III – paragraph 1 – indent 5
- define “"systemic operator”" by establishing a set of clear economic indicators that allow regulatory authorities to identify platforms which enjoy a significant market position with a “"gatekeeper”" role playing a systemic role in the online economy; such indicators could include considerations such as whether the undertaking is active to a significant extent on multi-sided markets, or has predominant influence over its users, the size of its network (number of users), its financial strength, access to data, accumulation of data, vertical integration, the importance of its activity for third parties’ access to supply and markets, etc.
Amendment 618 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 2
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 2
- that measure should apply only to business-to-business relationships, and should be without prejudice to the rights of users under the GDPR, as well as the right to internet anonymo the possibility orf being an unidentified useronymous on the internet; the new general information requirements should review and further enhance Articles 5 and 10 of the E- Commerce Directive in order to align those measures with the information requirements established in recently adopted legislation, in particular the Unfair Contract Terms Directive5 , the Consumer Rights Directive and the Platform to Business Regulation. __________________ 5 Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, most recently amended by Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council as regards the better enforcement and modernisation of Union consumer protection rules (OJ L 328, 18.12.2019, p. 7).
Amendment 686 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 4
Annex I – part IV – paragraph 1 – subparagraph 4
The compliance of the due diligence provisions should be reinforced with effective, proportionate and dissuasive penalties, including the imposition of fines.;
Amendment 741 #
Motion for a resolution
Annex I – part V – paragraph 2 – indent 8
Annex I – part V – paragraph 2 – indent 8
Amendment 745 #
Motion for a resolution
Annex I – part V – paragraph 2 – indent 9
Annex I – part V – paragraph 2 – indent 9
Amendment 751 #
Motion for a resolution
Annex I – part V – paragraph 2 – indent 11
Annex I – part V – paragraph 2 – indent 11
- create an obligation for the online intermediaries to verify the notified content and reply in a timely manner to the notice provider and the content uploader with a reasoned decision;
Amendment 763 #
Motion for a resolution
Annex I – part V – subheading 2 – indent 1
Annex I – part V – subheading 2 – indent 1
- The decision taken by the online intermediary on whether or not to act upon content flagged as illegal should contain a clear justification on the actions undertaken regarding that specific content. The notice provider, where identifiable, should receive a confirmation of receipt and a communication indicating the follow-up given to the notification.
Amendment 808 #
Motion for a resolution
Annex I – part VI – paragraph 1
Annex I – part VI – paragraph 1
The Digital Services Act should propose specific rules for online market places for the online sale of products and provision of services to consumers.
Amendment 849 #
Motion for a resolution
Annex I – part VII – paragraph 1
Annex I – part VII – paragraph 1
The Digital Services Act should put forward a proposal to ensure that the systemic role of specific online platforms will not endanger the internal market by unfairly excluding innovative new entrants, including SMEs., entrepreneurs and start- ups, creating market failures;
Amendment 856 #
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 1
Annex I – part VII – paragraph 2 – indent 1
- set up an asymmetric ex-ante mechanism to prevent (instead of merely remedy) unfair market behaviour by “"systemic platforms”" in the digital world, building on the Platform to Business Regulation; such mechanism should allow regulatory authorities to impose remedies on these companies with a significant market position in order to address market failures, without the establishment of a breach of regulatory rules;
Amendment 862 #
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 2
Annex I – part VII – paragraph 2 – indent 2
- empower regulatory authorities to issue orders prohibiting undertakings, which have been identified as “"systemic platforms”", from the following practices, inter alia: discrimination in intermediary services; making the use of data for making market entry by third parties more difficult; data envelopment used to expand dominant position in adjacent markets, incurring in self-preferencing of their own products and services and engaging in practices aimed at locking- in consumers; undertakings should be given the possibility to demonstrate that the behaviour in question is justified, yet they should bear the burden of proof for this;
Amendment 875 #
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 4
Annex I – part VII – paragraph 2 – indent 4
- empower regulatory authorities to adopt interim measures and to impose finpenalties on “"systemic platforms”" that fail to respect the different regulatory obligations imposed on them;
Amendment 892 #
Motion for a resolution
Annex I – part VIII – paragraph 1 a (new)
Annex I – part VIII – paragraph 1 a (new)
However, additional efforts with clear actions are necessary in order to address remaining obstacles in the digital single market and protectionist practices, such as: settling the costs of cross-border disputes, suppliers’ restrictions to selling cross-border, delivery-related matters, taxation rules, limited cross-border access to goods and services due to differences in intellectual property rights law, access to information on the relevant regulatory requirements, complex administrative procedures.