7 Amendments of Jill EVANS related to 2018/0112(COD)
Amendment 68 #
Proposal for a regulation
Recital 16
Recital 16
(16) A provider of online intermediation services can have legitimate reasons to decide to suspend or terminate the provision of its services, in whole or in part, to a given business user, including by delisting individual goods or services of a given business user or effectively removing search results. However, given that such decisions can significantly affect the interests of the business user concerned, they should be properly informed of the reasons thereof. The statement of reasons should allow business users to ascertain whether there is scope to challenge the decision, thereby improving the possibilities for business users to seek effective redress where necessary. In addition, requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content, in line with Commission Recommendation (EU) No 2018/33422 . Sometimes, the decision of a provider of online intermediation service is based on notifications by third parties. These notifications can be abused by competitors. Commission recommendation 2018/334 requires such notifications to be sufficiently precise and adequately substantiated to enable the hosting provider to take an informed an diligent decision. Providers should therefore be required to pass on the contents of such notifications to the business user in order to allow them to refute obviously wrongful notices. The statement of reasons should identify the objective ground or grounds for the decision, based on the grounds that the provider had set out in advance in its terms and conditions, and refer in a proportionate manner to the relevant specific circumstances that led to that decision. _________________ 22 Commission Recommendation (EU) No 2018/334 of 1 March 2018 on measures to effectively tackle illegal content online (OJ L 63, 6.3.2018, p. 50).
Amendment 93 #
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 and connected search engines are granted appropriate fairness, transparency and effective redress possibilities. (this amendment should be applied throughout the regulation)
Amendment 116 #
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 143 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The statement of reasons referred to in paragraph 1 shall contain a reference to the specific facts or circumstances that led to the decision of the provider of online intermediation services, as well as a reference to the applicable objective ground or grounds for that decision referred to in Article 3(1)(c). Where the suspension or termination results from a third party notification, the contents of said notification shall be included in the statement of reasons.
Amendment 146 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2 a. Termination and suspension shall be preceded by a notification and opportunity to clarify or re-establish compliance.
Amendment 152 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1 a. Where a provider of an online intermediation service has altered the ranking order in a specific case or delisted a particular product / service offered by a business user following a third party notification, the provider shall provide the business user with a statement of reasons including specific facts and circumstances for that decision
Amendment 156 #
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2 a. Where a provider of an online search engine has altered the ranking order or delisted a particular website following a third party notification, the provider shall offer the business user the possibility to inspect the content of the notice. Also, they need to offer a users a complaints and redress mechanism to correct delisting or changes in the ranking order following a wrongful notification.