Activities of Marco CAMPOMENOSI related to 2020/2019(INL)
Shadow opinions (1)
OPINION with recommendations to the Commission on Digital Services Act: adapting commercial and civil law rules for commercial entities operating online
Amendments (6)
Amendment 28 #
Draft opinion
Paragraph 2
Paragraph 2
2. WelcomAcknowledges efforts to bring transparency to advertising online and considers thatbut emphasises the need for further clarity and guidance is needed as regards professional diligence and obligations for platforms; believes that where advertisers and intermediaries are established in a third country, they should designate a legal representative, established in the Union, who can be held accountable for the content of advertisements, in order to allow for consumer redress in the case of false or misleading advertisements; calls for the list of legal representatives to be made public and easily identifiable on the sites of platforms;
Amendment 33 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Considers that the websites of platforms should provide a means for consumers to easily lodge complaints concerning false or misleading third-party advertising on these platforms;
Amendment 34 #
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Is of the opinion that the list of legal representatives established in the EU that can be held responsible for the content of advertisements must be easily accessible on the platforms’ websites;
Amendment 42 #
Draft opinion
Paragraph 3
Paragraph 3
3. Asks the Commission to clarify what sanctions or other restrictions those advertisement intermediaries and platforms should be subject to if they knowingly accept false or misleading advertisements; believes that online platforms should actively monitor the advertisements shown on their sites, in order to ensure they do not profit from false or misleading advertisements, including from influencer marketing content which is not being disclosed as sponsored; underlines that advertisements for commercial products and services, and advertisements of a political or other nature are different in form and function and therefore should be subject to different guidelines and rules;
Amendment 61 #
Draft opinion
Paragraph 5
Paragraph 5
5. Underlines that EULAs should always make the sharing of all data with third parties optional unless vital to the functioning of the servicesand that, in the event that such sharing is necessary to the functioning of the services, the end user should be duly informed in a clear, immediate and transparent manner; asks the Commission to ensure that consumers can still use a connected device for all its primary functions even if a consumer withdraws their consent to share non- operational data with the device manufacturer or third parties;
Amendment 71 #
Draft opinion
Paragraph 7
Paragraph 7
7. Notes the rise of “smart contracts” based on distributed ledger technologies; asks the Commission to analyse if certain aspects of “smart contracts” should be clarified, inter alia putting forward an unequivocal definition of “smart contract” and of “DLT”, and if guidance should be given in order to ensure legal certainty for businesses and consumers; stresses that these guidelines should take account of the specific legislative and industrial fabric of each Member State; asks especially for the Commission to work to ensure that such contracts with consumers are valid and binding throughout the Union; that they meet the standards of consumer law, for example the right of withdrawal under Directive 2011/83/EU4; and that they are not subject to national barriers to application, such as notarisation requirements; __________________ 4 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64).