Activities of Daniel DALTON related to 2015/2147(INI)
Plenary speeches (2)
Towards a Digital Single Market Act (debate)
Towards a Digital Single Market Act (A8-0371/2015 - Kaja Kallas, Evelyne Gebhardt)
Amendments (66)
Amendment 20 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
(1a) Underlines the importance of the creative sector to the economy and its contribution to growth and employment; recalls that the copyright intensive activities account for a significant part in the economy;
Amendment 26 #
Motion for a resolution
Citation 51 a (new)
Citation 51 a (new)
- having regard to its resolution of 10th December 2013 on the evaluation report regarding BEREC and the Office1a, 1a Text adopted, P7_TA-(2013)0536
Amendment 29 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Underlines the importance of the creative sector to the economy and its contribution to growth and employment; recalls that copyright intensive activities account for a significant part of the creative sector's economy;
Amendment 30 #
Draft opinion
Paragraph 3
Paragraph 3
3. Urges the Commission to assess the need to modernise EU regulations and adapt them to the digital age; asks the Commission to harmonise the regulatory framework of different transport modes in order to promote true competition between modes and to encourage new innovations and services for mobility and logistics, including those based on the sharing economy, while creating a level playing field for existing market actors and new market entrants in terms ofst recognising high European standards regarding safety, working conditions, fair taxation, consumer choice and protection and the prevention of harmful environmental effects;
Amendment 36 #
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Points out that the creative sector has specificities and different challenges, notably arising from the different types of content, creative works and business models used; therefore calls on the Commission to better identify these specificities and take them into account when proposing modifications and solutions;
Amendment 41 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Emphasises the need to embrace new business models in the transport sector, particularly in the demand driven sharing economy, that increase competition and improve the quality, affordability, range and flexibility of transport options for users;
Amendment 42 #
Motion for a resolution
Recital A
Recital A
A. whereas the use of the internet and mobile communications has changed the way users communicate, invent, consume and share; whereas this has expanded the market place, facilitating access by small companies to a customer base of 500 million customers and the development byallowing individuals the opportunity to develop new, entrepreneurs of newial ideas;
Amendment 54 #
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Recognising the increasingly digital market for transport tickets, urges the transport sector to further develop and promote multimodal and cross border online ticket purchasing, which will further enhance competition and consumer choice;
Amendment 57 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
(2a) Underlines that any modification of the current legal framework on copyright should be considered in a targeted way and with a focus on economic growth, competitiveness and enhanced consumer experience;
Amendment 58 #
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
(2b) Points out that the creative sector has specificities and different challenges, notably arising from the different types of content and creative works and from the business models used; therefore calls on the Commission to better identify these specificities and take them into account when proposing modifications and solutions;
Amendment 59 #
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
(2c) Calls on the Commission to make sure that any reform of the copyright directive is evidence based and carefully assessed; considers that it should take into account the results of the ex-post impact assessment of the Directive of 2001, and be based on solid evidence including an assessment of the possible impact of the modifying elements; takes the view that a proper economic analysis including the impact with regards to jobs and growth must be carried out;
Amendment 60 #
Draft opinion
Paragraph 2 d (new)
Paragraph 2 d (new)
(2d) Takes the view that any modification of the audiovisual media services directive should take into account new ways of access to audiovisual content and should be consistent with the current reform of legislation relating to copyright;
Amendment 61 #
Draft opinion
Paragraph 2 e (new)
Paragraph 2 e (new)
(2e) Underlines the importance of ensuring accessibility of the Digital Single Market for people with disabilities; in this regard, notes the conclusion of the Marrakesh Treaty, which will facilitate access for the visually impaired to books, and encourages swift ratification thereof;
Amendment 62 #
Draft opinion
Paragraph 2 f (new)
Paragraph 2 f (new)
(2f) Maintains that the approach of copyright exceptions and limitations should be balanced, targeted and format neutral and should not undermine the interests of right holders;
Amendment 64 #
Draft opinion
Paragraph 2 g (new)
Paragraph 2 g (new)
(2g) Emphasises that any European-wide exception for text and data mining should be limited to accredited academic and public-funded research and should not undermine revenue streams or be extended to commercially owned data;
Amendment 65 #
Draft opinion
Paragraph 2 h (new)
Paragraph 2 h (new)
(2h) Points out that the rapid rate of technological development in the digital market calls for a technologically neutral framework for copyright;
Amendment 66 #
Draft opinion
Paragraph 2 i (new)
Paragraph 2 i (new)
(2i) Notes the importance of transparency of copyright levies in those Member States which choose to apply them;
Amendment 71 #
Motion for a resolution
Recital B
Recital B
B. whereas all Union policies and legislation in the area of the Digital Single Market should allownot restrict the emergence of new opportunities for users and businesses to emerge, especially within today’s service society, while taking a holistic approach that considers their social dimension as theyst recognising that these opportunities will inevitably involve structural changes;
Amendment 87 #
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that further efforts are needed to overhaul copyright law and that any revised provisions should apply to all mediareform copyright law and that any revised provisions should apply to all media; points out that the rapid rate of technological development in the digital market calls for a technologically neutral framework for copyright; underlines that any modification of the current legal framework on copyright should be considered in a targeted way and with a focus on economic growth, competitiveness and enhanced consumer experience; calls on the Commission to make sure that any reform of the copyright directive is evidence based and carefully assessed; considers that it should take into account the results of the ex-post impact assessment of the Directive of 2001, and be based on solid evidence, including an assessment of the possible impact of the modifying elements; takes the view that a proper economic analysis, including the impact on jobs and growth, must be carried out, in line with the Commission's objective of better regulation;
Amendment 87 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
(2a) Strongly believes that creators should be granted appropriate remuneration and that copyright should keep its primary function of allowing creators to gain rewards for their efforts through others making use of their work, and therefore to encourage future creativity;
Amendment 99 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Underlines the importance of ensuring accessibility of the Digital Single Market for people with disabilities; in this regard, notes the conclusion of the Marrakesh Treaty, which will facilitate access for the visually impaired to books, and encourages swift ratification thereof;
Amendment 101 #
Motion for a resolution
Recital C
Recital C
C. whereas 75% of the value added by the digital economy comes from traditional industry; whereas its integration of digital technology remains weak, with only 1.7% of EU enterprises making full use of advanced digital technologies and 14% of SMEs across the EU using the internet as a sales channel; whereas some member states have far greater online business penetration;
Amendment 113 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
(3a) Stresses that the growth of online platforms has been driven by consumer demand; notes, however, the importance of taking action against piracy;
Amendment 114 #
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
(3b) Recognises the clarity that intermediary liability has enabled in terms of the growth of online platforms and warns that the creation of new legal uncertainty in this area could have a negative impact on economic growth;
Amendment 127 #
Motion for a resolution
Recital D
Recital D
D. whereas a high level of consumer empowerment, protection and satisfaction necessarily entails choice, flexibility, information and trust in a secure online environment;
Amendment 155 #
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Recommends a continued focus on improving how children are protected online, through transparent self- regulatory measures in accordance with existing national and EU legislation where appropriate, such as flexible parental controls based on the informed consent of parents, and by collaboration between stakeholders including regulatory authorities, industry, charities and other appropriate entities, including through the implementation of proportionate "notice and takedown" policies in accordance with Directive 2011/92/EU on combating the sexual abuse and sexual exploitation of children and child pornography;
Amendment 158 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas small- and medium-sized companies have the most to gain from the digital economy but also have the most to lose from burdensome regulation;
Amendment 165 #
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the Commission’s aim to withdraw the proposal on a Common European Sales Law and the intention to propose rules for digital content; notes the proposal to introduce the ‘home’ option’ in order to br with targeted harmonisation as mechanism for bringing down barriers to cross- border trade; but insists on the need for comprehensivethorough evidence and consultation with stakeholders before this approach is pursued, in particular as regardson the impact it would have on the current protection provided to consumers under national law, especially in terms of remedies for failure to comply with the terms of contracts for online sales.with regard to remedies for non-conformity with the contract for online sales; believes that rules on Consumer Rights for Digital Content need to be principles based in order to be technologically neutral and future proof, focused on remedies to concrete problems which have been clearly identified, limited to paid for content only, realistic regarding quality expectations, and fully recognise the differences between digital content and traditionally acquired content; stresses furthermore with regard to future Commission proposals in this area, the importance of avoiding inconsistently and overlap with existing legislation;
Amendment 172 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
(5a) Stresses the need to improve the processes for businesses to establish and operate online across all Member States which should be streamlined and digitalised and calls on the Commission to consider this further in its forthcoming Internal Market strategy;
Amendment 173 #
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
(5b) Calls for support for small businesses and for the single market to be fit for purpose in a digital age; In this regard, stresses concern about Vatmoss rules, which are hampering small online entrepreneurs by obliging them to collect and process VAT payments, even if they conduct a small volume overseas trade; welcomes in this regard recent suggestions from the Commission on the introduction of minimum thresholds but believes that an interim solution is also urgently required;
Amendment 179 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Suggests that the digitisation of the Single Market is a trend to be welcomed due to increased choice, competition, innovation, growth potential and lower costs for consumers and larger markets for businesses; emphasises the need to consider the Digital Single Market as a development of the traditional Single Market and not as something separate or different;
Amendment 186 #
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
(5c) Considers that the amended proposal by the Commission should also clarify how the existing rules apply in a digital environment when selling online cross- border, including the application of the Services Directive to address unfair online price discrimination based on nationality or location;
Amendment 194 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes that better regulation should help toserve as an examineing policy through a digital lens and facilitate the adaptation ofassess whether legislation and enforcement frameworks in the light of new technologies and new business models to prevent fragmentation of the single market;, such as in the area of competition law, the Services Directive and the consumer protection acquis, are fit for purpose in a digital era in light of new technologies and new business models to prevent fragmentation of the single market; stresses that legislation should aim to be principles based and technology neutral in order to be relevant for future technological developments; considers that any initiatives proposed by the Commission must go through a competitiveness test an innovation test and an SME test; notes that wherever a REFIT exercise is taking place, including the forthcoming REFIT of financial services regulation, the digital perspective must be taken into account:
Amendment 207 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Recognises that the digital revolution has the potential to empower individuals, entrepreneurs and consumers in a way that was never previously possible;
Amendment 215 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that users’ trust in digital services is vital to innovation and growth in the digital economy and that reinforcingdigital businesses live and die based on thate trust should be at the basis of both public policy and business modelof their users, and therefore legislative responses need to be tailored to recognising this;
Amendment 231 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that users’ trust in digital services is vital to innovation and growth in the digital economy and that reinforcing that trust should be at the basis of both public policy and business models; suggests that proper implementation and enforcement of competition law, the Services Directive and the consumer protection acquis could do much to achieve this but recognises that targeted clarification of existing rules may be required;
Amendment 251 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses the urgent need for the Commission and Member States to promoteremove barriers to allow a more dynamic economy for innovation to flourish and for companies to scale up, through the development of e- government, a modernised regulatory framework fit for the emergence and scale- up of innovative businesses, and a long term investment strategy in infrastructure, skills, research and innovation;
Amendment 280 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission, in cooperation with Member States, to further develop initiatives to boost entrepreneurship that range from changing the mind-set on how success is defined to, including the promotingon of an entrepreneurial and innovation culture; believes, in addition, that the diversity and specific attributes of the different national innovation hubs could be turned into a real competitive advantage for the EU if they are effectively interconnected;
Amendment 346 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recognises that the collaborative economy can provide a significant economic boost, at virtually no cost, primarily by matching surplus capacity with unmet demand;
Amendment 353 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Believes that the digital economy has brought greater consumer empowerment especially through the increasing use of online reviews, peer reviews and customer information prior to purchase;
Amendment 359 #
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Believes that reducing administrative burdens and red tape, making it easier to establish an online retail presence and simple, secure, reliable payment systems also contribute to creating growth in e- commerce; notes that easy online access for businesses and consumers about different legal rights and responsibilities at national, regional and local level is key to enabling the performance of the Single Market; notes that the Points of Single Contact were established under the Services Directive with the ambition to provide such information; expresses deep disappointment in the results of the recent "mystery shopping" exercise conducted by Eurochambres, which identified severe deficiencies in many Member States; believes that Member States must urgently act to rectify this situation;
Amendment 366 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the Commission’'s initiative to improve theconsumers' legal protection of consumers as regardsconcerning intangible digital content; believes any such improvements must be targeted to specific needs and be proportionate; points out that while consumers buying tangible digital content are protected by consumer protection laws, consumer rights when buyingthere could be greater clarity regarding rights associated with intangible digital content remain largely unregulin many Member Stateds; agrees that consumers should enjoy a comparable level of protection regardless of whether they purchase digital content online or offline; suggests that where possible existing definitions should be used in any new proposals on consumer rights, with particular regard to the definition of 'digital content' in Article 2 (1) of Directive 2011/83/EU on consumer rights; suggests that, as a guiding principle, if a consumer uses a digital good or content in a manner equivalent to a tangible good, then this digital good or content should be accompanied by equivalent consumer rights; suggests however that it is important to focus on rights associated with the quality of a digital good, not the service providing that good on the basis that service provision is dealt with in a different regulatory context;
Amendment 447 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Regrets the imprecision of the Commission’s proposal regarding a legislative measure for a more comprehensive online sales law that covers digital content products as well as tangible goods; suggests the Commission should approach consumer rights for digital content and online purchases of tangible goods separately since they present different challenges, taking into account the need to ensure regulatory certainty for businesses and consumers ahead of the REFIT of the consumer acquis in 2016;
Amendment 451 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Notes that risks to consumer security are often mitigated by supplier-led provision of software upgrades or patches and therefore encourages better promotion by suppliers of security-related upgrades or patches;
Amendment 452 #
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Believes the future-proofed approach of the e-Commerce Directive has enhanced trust and clarity with regard to the responsibility of stakeholders acting in online marketplaces and suggests that re- opening the directive could risk destabilising that trust;
Amendment 454 #
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 462 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Believes that model contracts and online review tools are realistic and targeted measures which can ensure consumer trust in digital goods;
Amendment 470 #
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 519 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that accessible, affordable, efficient and high-quality delivery services are an essential prerequisite for thriving cross-border e-commerce; supports the proposed measures to improve price transparency, interoperability and regulatory oversight that should target both the smooth functioning of cross-border parcel delivery markets, including promoting cross-border track-and-trace systems, and compliance with relevant social and labour rights, allowing enough flexibility for the delivery market to evolve and adapt to technological innovations;
Amendment 532 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Highlights that the parcel industry needs to adapt to modern living patterns and offer more flexible and consumer focused delivery patterns;
Amendment 540 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Argues that to encourage the growth of e-commerce both inside the Single Market and with third countries, the Union Customs Code should be implemented in a manner that does not impede trade flows and that allows for sufficiently long transition periods and targeted exemptions for all economic operators;
Amendment 559 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Considers that ambitious actions are needed to improve access to legal digital content, in particular by ending unjustified geo- blocking practices and unfair price discrimination based on geographical location;
Amendment 582 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Considers that unjustified geo- blocking practices are harmful to both the proper functioning of the single market and encourage online piracy, particularly in cases where content is not legally available through any means in a member state;
Amendment 592 #
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Calls for portability of legally bought content within the EU, whereby a consumer who has purchased digital content in their member state of residence may be able to access that content when in another member state;
Amendment 615 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Further points out the importance of the ongoing competition sector inquiry into the e-commerce sector in order to investigate, inter alia, whether geo-blocking restrictions infringe the rules of EU competition law; stresses the importance of increasing consumer and business confidence by introducingassessing whether targeted changes to the Block Exemption Regulation, most importantly Article 4a and Article 4b, in order to limit undesirable could limit unjustified re-routing and territorial restrictions;
Amendment 732 #
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 838 #
Motion for a resolution
Paragraph 23 c (new)
Paragraph 23 c (new)
23c. Notes that the e-Commerce Directive already seeks to contribute to the proper functioning of the digital single market by ensuring the free movement of information society services, defined as "any service normally provided for remuneration at a distance, by means of electronic equipment for the processing and storage of data, at the individual request of a recipient of the service"; suggests that the ECD has functioned well, given that a core element of the ECD is the protection of consumers, including investors, in spite of dramatic technological changes since its introduction; calls on the Commission to continue using agreed legal definitions as far as possible and to recognise the successes of the provisions in the ECD on intermediary liability as being futureproof and technological neutral;
Amendment 855 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Appreciates the Commission’'s initiative to analyse the role of platforms in the Digital Ecollaborative economy as part of the upcoming Internal Market Strategy; points out that the collaborative economy brings enormous economic, social and environmental benefits through the more efficient use of resources, skills and other assets; notes that the definition of 'collaborative economy' used by the Commission's Consultation on the regulatory environment for platforms, in particular that it 'links individuals and/or legal persons... allowing them to provide services and/or exchange assets, resources, time, skills, or capital, sometimes for a temporary period and without transferring ownership rights', is in fact a description of a free market;
Amendment 894 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Encourages the Commission to analyse the need to protectbalance between protecting and empowering consumers in the sharing economy and, where appropriate and if necessary, to come forward with proposals to ensure the adequacy of the consumer- related legislation framework in the digital sphere, including possible abuses;
Amendment 908 #
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Notes in particular the benefits of the digital transformation for increasing accessibility to affordable financial services for consumers and the contributions that this brings to access to capital for entrepreneurs and thus to further economic activity and growth; recognises that consumers are embracing new models for payment services including both bank and non-bank related services;
Amendment 918 #
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Stresses the need for Governments, law enforcement authorities and the IT companies in the private sector to work together in order to address the need of removing illegal content, including the protection of children online; within existing legal framework whilst respecting fundamental rights and the rule of law;
Amendment 922 #
Motion for a resolution
Paragraph 26
Paragraph 26
26. Considers, in order to ensure trust in digital services, that increased resources from the public and private sector are required toshould work together strengthen the security of IT systems and online networks and, the encryption of communication, to improve cyber-attacks prevention and to increase knowledge ofver basic security processes among users of digital services;
Amendment 937 #
Motion for a resolution
Paragraph 26 c (new)
Paragraph 26 c (new)
Amendment 946 #
Motion for a resolution
Paragraph 26 e (new)
Paragraph 26 e (new)
26e. Acknowledges the ongoing concern of EU consumers about their privacy and the use of personal data, and the need to better outline the legal framework regarding an individual's right to exercise control over their own personal data; notes the importance of ensuring that data subjects are fully informed with accessible and clear information regarding the rights, rules and redress available to them with regard to the use of their data, stresses the need to raise awareness with the public on issues of data protection;
Amendment 968 #
Motion for a resolution
Paragraph 26 d (new)
Paragraph 26 d (new)
26d. Calls for the swift conclusion of the new Safe Harbour Agreement and the EU-US data protection Umbrella Agreement; Stresses that a workable and reliable framework for adequacy decisions, which is compatible with the EU data protection principles is important for both businesses and consumers;
Amendment 972 #
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Emphasises that actions taken by the Commission should be conformity with the legal competences of the EU, and respect the rights of Member States with regard to ensuring national security, and maintaining public security;