16 Amendments of Raffaele FITTO related to 2020/0374(COD)
Amendment 176 #
Proposal for a regulation
Recital 32
Recital 32
(32) To safeguard the fairness and contestability of core platform services provided by gatekeepers, it is necessary to provide in a clear and unambiguous manner for a set of harmonised obligations with regard to those services. Such rules are needed to address the risk of harmful effects of unfair practices imposed by gatekeepers, to the benefit of the business environment in the services concerned, to the benefit of users and ultimately to the benefit of society as a whole. Given the fast-moving and dynamic nature of digital markets, and the substantial economic power of gatekeepers, it is important that these obligations are effectively applied without being circumvented. To that end, the obligations in question should apply to any practices by a gatekeeper, irrespective of its form and irrespective of whether it is of a contractual, commercial, technical or any other nature, insofar as a practice corresponds to the type of practice that is the subject of one of the obligations of this Regulation. In particular, gatekeepers' actions should adequately ensure transparency, interoperability (including equitable use of and access to data) and equal treatment (for example, where anti- competitive self-preferencing, tying or bundling may arise).
Amendment 430 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) refrain from combining personal data sourced from theseany of its core platform services with personal data from any other core platform service or services offered by the gatekeeper or with personal data from third-party services, and from signing in end users to other services of the gatekeeper in order to combine personal data, unless the end user has been presented with the specific choice and provided consent in the sense of Article 6(1) (a) of Regulation (EU) 2016/679. ;, and provided that resulting data is made available by the gatekeeper to third parties that provide competing advertising services, and no data advantage would be conferred upon the gatekeeper’s own core platform services as a result. The gatekeeper may rely on the legal basis included under Article 6(1)(c) or (d) of Regulation (EU) 2016/679, where applicable.
Amendment 469 #
Proposal for a regulation
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
(g) provide each advertisers and publishers to which it supplies advertising services, upon their request, with informawith free of charge high-quality granular, effective, continuous and real- time access, equivalent to that conferred upon the gatekeeper itself, to information on the visibility and availability of advertisement portfolio as well as pricing conditions concerning the bids placed by advertisers and advertising intermediaries the price paid by the advertiser and publisheror advertising intermediary, as well as the amount orand remuneration paid to the publisher, for the publishing of a given ad and for each of the relevant advertising services provided by the gatekeeper, and on a basis that enables a clear understanding of the cost of the services provided and comparison against the cost of third-party services.
Amendment 538 #
Proposal for a regulation
Article 6 – paragraph 1 – point g
Article 6 – paragraph 1 – point g
(g) provide advertisers and publishers, upon their request and free of charge, with access to the performance measuring tools of the gatekeeper and the information necessary for advertisers and publisheor third parties authorised by advertisers and publishers, upon their request and free of charge, with effective and real time access to the same granular data accessible to the gatekeeper, for the measurement and verification of advertising in a format that is reconcilable with equivalent data from other sources, to enable advertisers publishers and/or their third-party advertising technology vendors to carry out their own independent measurement and verification of the ad inventory, including aggregated data and performance data in a manner that would allow advertisers and publishers to run their own verification and measurement tools to assess performance of the core services provided for by the gatekeepers;
Amendment 546 #
Proposal for a regulation
Article 6 – paragraph 1 – point h
Article 6 – paragraph 1 – point h
(h) provide effective portability of datand users or third parties authorised by an end user, free of charge, with effective portability and interoperability of data provided by the end user or generated through this or her activity of a business user or end user and shall, in particular, provide tools for end users to facilitate the exercise of data portability, in line with Regulation EU 2016/679, including by the provision of continuous and real-time access in the context of their use on the relevant core platform service, including by providing free of charge and technically accessible tools for business users, or third parties authorised by a business user, and end users to facilitate the effective portability and interoperability, in line with Regulation EU 2016/679, including by the provision of continuous and real-time access while ensuring no data advantage is conferred upon the gatekeeper’s own core platform services as a result, including where necessary by placing restrictions on its own access to such data;
Amendment 552 #
Proposal for a regulation
Article 6 – paragraph 1 – point i
Article 6 – paragraph 1 – point i
(i) provide business users, or third parties authorised by a business user, free of charge, with effective, high-quality, granular, continuous and real-time access and use of aggregated orequivalent to that conferred upon the gatekeeper itself and use of non- aggregated data, including personal data, that is provided for or generated in the context of the use of the relevant core platform services or of ancillary services offered by the gatekeeper by those business users and the end users engaging with the products or services provided by those business users; f via the core personal data, provide access and use only where directly connected with the use effectuated by the end user in respect of the products or services offered by the relevant business user through the relevant clatform services; this shall include at the request of the business user, the possibility and necessary tools to access and analyse data “in-situ” without a transfer from the gatekeeper; fore platform service, andersonal data, provide access only when the end user opts in to such sharing with a consent in the sense of the Regulation (EU) 2016/679; ; , while ensuring no data advantage is conferred upon the gatekeeper’s own core platform services as a result, including where necessary by placing restrictions on its own access to such data;
Amendment 568 #
(k a) provide business users, or third parties authorised by a business user, free of charge, with all necessary technical information required by them to optimise the interoperation of their products or services with the gatekeeper’s core platform services, ensuring that they have access to the same level of information, in the same format and at the same time as the gatekeeper’s own distinct products or services have access in order to interoperate with each other;
Amendment 574 #
Proposal for a regulation
Article 6 – paragraph 1 – point k b (new)
Article 6 – paragraph 1 – point k b (new)
(k b) engage in good faith in the development of industry standards, in compliance with competition law requirements, to develop data portability and interoperability protocols that comply with the provisions of Regulation (EU) 2016/679, including, for example, common transaction ID and common user ID protocols;
Amendment 578 #
Proposal for a regulation
Article 6 – paragraph 1 – point k c (new)
Article 6 – paragraph 1 – point k c (new)
(k c) allow and encourage third party advertising services to interoperate with the gatekeeper’s advertising services on reasonable terms and in an unencumbered fashion, including competing technologies and services, for example, programmatic guaranteed and header bidding;
Amendment 581 #
Proposal for a regulation
Article 6 – paragraph 1 – point k d (new)
Article 6 – paragraph 1 – point k d (new)
(k d) refrain from tying and bundling any distinct products or services, or where distinct products or services are bundled, ensure the products are also offered separately to business users on reasonable terms and on a non-discriminatory basis;
Amendment 583 #
Proposal for a regulation
Article 6 – paragraph 1 – point k e (new)
Article 6 – paragraph 1 – point k e (new)
(k e) allow third-party DSP providers to access gatekeeper-owned and controlled advertising inventory.
Amendment 602 #
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
Amendment 620 #
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7 a A gatekeeper shall inform the Commission and the competent national authorities of intended changes to its core platform services that implicate the provisions of Articles 5 and 6. Following dialogue with the gatekeeper concerned and after consulting interested third parties, the Commission may pursue such actions as it deems appropriate, including monitoring the implementation of the change contemplated, issuing non- binding guidelines or issuing binding measures that the gatekeeper concerned will be obliged to observe at all times. Such dialogue shall be without prejudice to any enforcement action using the powers foreseen in this Regulation.
Amendment 643 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. A gatekeeper shall ensure that the obligations of Articles 5 and 6 are fully and effectively complied with. While the obligations of Articles 5 and 6 apply in respect of core platform services designated pursuant to Article 3, their implementation shall not be undermined by any behaviour of the undertaking to which the gatekeeper belongs, regardless of whether this behaviour is of a contractual, commercial, technical or any other nature. In particular, the gatekeeper’s actions shall adequately ensure transparency, interoperability (including equitable use of and access to data) and equal treatment (for example, where anti-competitive self- preferencing, tying or bundling may arise).
Amendment 749 #
Proposal for a regulation
Article 25 – paragraph 1 a (new)
Article 25 – paragraph 1 a (new)
1 a. The adoption of three complaint resolution decisions under Article 7(2a) over a period of five years in relation to the scope of the same obligation specified under Article 6 shall afford the Commission the right to adopt a non- compliance decision under Article 25 without the need for the Commission to satisfy the advisory procedure referred to in Article 32(4).
Amendment 809 #
Proposal for a regulation
Article 36 – paragraph 1 – point h a (new)
Article 36 – paragraph 1 – point h a (new)