[ParlTrack]

Proposal for a directive
Recital 26

(26) Directive 2011/83/EU should also not apply to situations where the trader only collects metadata, such as the IP address, browsing history or other information collected and transmitted for instance by cookies~~, except where this situation is considered a contract under national law~~. It should also not apply to situations where the consumer, without having concluded a contract with the trader, is exposed to advertisements exclusively in order to gain access to digital content or a service including digital services. However, ~~Member States should remain free to extend the application of the rules of Directive 2011/83/EU to such situations or~~this does not preclude to otherwise regulate such situations which are excluded from the scope of ~~that~~ Directive 2011/83/EU through Union law.

2018/10/01
Committee: IMCO

Pascal ARIMONT, Antonio LÓPEZ-ISTÚRIZ WHITE, Eva MAYDELL, Anna Maria CORAZZA BILDT

Proposal for a directive
Recital 44

(44) While off-premises sales constitute a legitimate and well-established sales channel, like sales at a trader's business premises and distance–selling, some particularly aggressive or misleading marketing practices in the context of visits to the consumer's home without the consumer's prior agreement or during commercial excursions can put consumers under pressure to make purchases of goods they would not otherwise buy and/or purchases at excessive prices, often involving immediate payment. Such practices often target elderly or other vulnerable consumers. Some Member States consider those practices undesirable and deem it necessary to restrict certain forms and aspects of off-premises sales within the meaning of Directive 2011/83/EU, such as aggressive and misleading marketing or selling of a product in the context of unsolicited visits to a consumer's home or commercial excursions, on grounds of public policy or the respect for consumers’ private life protected by Article 7 of the Charter of Fundamental Rights of the EU. In accordance with the principle of subsidiarity and in order to facilitate enforcement, it should therefore be clarified that Directive 2005/29/EC is without prejudice to Member States' freedom to make arrangements without the need for a case-by-case assessment of the specific practice, to protect the legitimate interests of consumers with regard to unsolicited visits at their private home by a trader in order to offer or sell products or in relation to commercial excursions organised by a trader with the aim or effect of promoting or selling products to consumers where such arrangements are justified on grounds of public policy or the protection of private life. Any such provisions should be proportionate and not discriminatory. Member States should be required to notify any national provisions adopted in this regard to the Commission so that the Commission can make this information available to all interested parties and monitor the proportionate nature and legality of those measures.deleted

2018/10/01
Committee: IMCO

Pascal ARIMONT, Antonio LÓPEZ-ISTÚRIZ WHITE, Anna Maria CORAZZA BILDT, Eva MAYDELL

Proposal for a directive
Article 1 – paragraph 1 – point 1

Directive 2005/29/EC
Article 3 – paragraph 5

(1) Article 3 is amended as follows: (a) Paragraph 5 is replaced by the following: “This Directive does not prevent Member States from adopting provisions to protect the legitimate interests of consumers with regard to aggressive or misleading marketing or selling practices in the context of unsolicited visits by a trader to a consumer's home, or with regard to commercial excursions organised by a trader with the aim or effect of promoting or selling products to consumers, provided that such provisions are justified on grounds of public policy or the protection of the respect for private life.” (b) following: “Member States shall notify the Commission without delay of any national provisions applied on the basis of paragraph 5 as well as of any subsequent changes. The Commission shall make this information easily accessible to consumers and traders on a dedicated website.”deleted Paragraph 6 is replaced by the

2018/10/01
Committee: IMCO

Anna Maria CORAZZA BILDT

Proposal for a directive
Article 1 – paragraph 1 – point 4

Directive 2005/29/EC
Article 11 a – paragraph 1

1. In addition to the requirement to ensure adequate and effective means to enforce compliance in Article 11, Member States shall ensure that contractual and non-contractual remedies are also available for consumers harmed by unfair commercial practices in order to eliminate ~~all~~ the effects of those unfair commercial practices in accordance with their national law.

2018/10/01
Committee: IMCO

Pascal ARIMONT, Antonio LÓPEZ-ISTÚRIZ WHITE, Anna Maria CORAZZA BILDT, Eva MAYDELL, Carlos COELHO

Proposal for a directive
Article 1 – paragraph 1 – point 4

Directive 2005/29/EC
Article 11 a – paragraph 2

2. Contractual remedies shall include, as a minimum, the possibility for the consumer to obtain a price reduction or to unilaterally terminate the contract.

2018/10/01
Committee: IMCO

Anna Maria CORAZZA BILDT

Proposal for a directive
Article 1 – paragraph 1 – point 4

Directive 2005/29/EC
Article 11 a – paragraph 2

2. Contractual remedies shall include~~, as a minimum,~~ the possibility for the consumer to unilaterally terminate the contract.

2018/10/01
Committee: IMCO

Anna Maria CORAZZA BILDT

Proposal for a directive
Article 1 – paragraph 1 – point 4

Directive 2005/29/EC
Article 11 a – paragraph 3

3. Non-contractual remedies shall include~~, as a minimum,~~ the possibility of compensation for damages suffered by the consumer.

2018/10/01
Committee: IMCO

Anna Maria CORAZZA BILDT

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive 2005/29/EC
Article 13 – paragraph 2 – point d

(d) ~~where appropriate,~~ the intentional or negligent character of the infringement;

2018/10/01
Committee: IMCO

Pascal ARIMONT, Anna Maria CORAZZA BILDT, Eva MAYDELL, Carlos COELHO

Proposal for a directive
Article 2 – paragraph 1 – point 1 – point d

Directive 2011/83/EU
Article 2 – paragraph 1 – point 16

(16) ‘contract for the supply of digital content which is not supplied on tangible medium’ means a contract under which a trader supplies or undertakes to supply ~~specific~~ digital content to the consumer and the consumer pays or undertakes to pay the price ~~thereof~~. This also includes contracts where the consumer provides or undertakes to provide personal data to the trader, except where the personal data provided by the consumer is exclusively processed by the trader for the purpose of supplying the digital content, or for the trader to comply with legal requirements to which the trader is subject, and the trader does not process this data for any other purpose;

2018/10/01
Committee: IMCO

Pascal ARIMONT, Anna Maria CORAZZA BILDT, Eva MAYDELL, Carlos COELHO

Proposal for a directive
Article 2 – paragraph 1 – point 1 – point d

Directive 2011/83/EU
Article 2 – paragraph 1 – point 18

(18) ‘digital service contract’ means a contract under which a trader supplies or undertakes to supply a digital service to the consumer and the consumer pays or undertakes to pay the price ~~thereof~~. This also includes contracts where the consumer provides or undertakes to provide personal data to the trader, except where the personal data provided by the consumer is exclusively processed by the trader for the purpose of supplying the digital service, or for the trader to comply with legal requirements to which the trader is subject, and the trader does not process this data for any other purpose;

2018/10/01
Committee: IMCO

Pascal ARIMONT, Anna Maria CORAZZA BILDT, Eva MAYDELL

Proposal for a directive
Article 2 – paragraph 1 – point 2

Directive 2011/83/EU
Article 5 – paragraph 1 – point h

(h) where applicable, any relevant interoperability of digital content and digital services with hardware and software ~~that the trader is aware of or can reasonably be expected to have been aware of~~different from the ones with which digital content or services of the same type are normally used.

2018/10/01
Committee: IMCO

Pascal ARIMONT, Anna Maria CORAZZA BILDT, Eva MAYDELL

Proposal for a directive
Article 2 – paragraph 1 – point 3

Directive 2011/83/EU
Article 6 – paragraph 1 – point s

(s) where applicable, any relevant interoperability of digital content and digital services with hardware and software ~~that the trader is aware of or can reasonably be expected to have been aware of~~different from the ones with which digital content or services of the same type are normally used.

2018/10/01
Committee: IMCO

Pascal ARIMONT, Anna Maria CORAZZA BILDT, Carlos COELHO

Proposal for a directive
Article 2 – paragraph 1 – point 4

Directive 2011/83/EU
Article 6 a – paragraph 1 – point a

(a) the main parameters determining ranking of offers presented to the consumer as result of his search query on the online marketplace and the reason for the relative importance of those main parameters as opposed to other parameters;

2018/10/01
Committee: IMCO

Pascal ARIMONT, Anna Maria CORAZZA BILDT, Carlos COELHO

Proposal for a directive
Article 2 – paragraph 1 – point 4

Directive 2011/83/EU
Article 6 a – paragraph 1 – point a a (new)

(aa) whether the user reviews related to the offered product or service have been subject to a control of their authenticity, and if so, a description of the main characteristics of such control;

2018/10/01
Committee: IMCO

Pascal ARIMONT, Anna Maria CORAZZA BILDT, Carlos COELHO, Philippe JUVIN

Proposal for a directive
Article 2 – paragraph 1 – point 4

Directive 2011/83/EU
Article 6 a – paragraph 1 a (new)

After the consumer is bound by a distance or off-premises contract, or any corresponding offer, on an online marketplace, and where the offer for the good or service that has been sold was notified to and removed by the online marketplace on grounds that it is illegal, the online marketplace shall promptly provide the following information to the consumer in a clear and comprehensible manner: (a) that the product or service sold or the offer thereof is illegal or apparently illegal and was removed; (b) the identity of the trader that placed the offer, which was removed; (c) the reason why the offer was removed.

2018/10/01
Committee: IMCO

Anna Maria CORAZZA BILDT

Proposal for a directive
Article 2 – paragraph 1 – point -5 (new)

(-5) In Article 7, paragraph 1 is replaced by the following: “1. With respect to off-premises contracts, the trader shall give the information provided for in Article 6(1) to the consumer on ~~paper or, if the consumer agrees, on another~~a durable medium. That information shall be legible and in plain, intelligible language. ~~(http://www.at4am.ep.parl.union.eu/at4am/ameditor.html?documentID=23770&locale=en#st~~” Or. en v!lCnt=1&langISO0=en&crCnt=1&crID0=96674)

2018/10/01
Committee: IMCO

Anna Maria CORAZZA BILDT

Proposal for a directive
Article 2 – paragraph 1 – point -5 (new)

Directive 2011/83/EU
Article 7 – paragraph 2

(-5) In Article 7, paragraph 2 is replaced by the following: “2. The trader shall provide the consumer with a copy of the signed contract o~~r the confirmation of the contract on paper or, if the consumer agrees, on another~~n a durable medium, including, where applicable, the confirmation of the consumer’s prior express consent and acknowledgement in accordance with point (m) of Article 16. ~~(https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32011L0083&from=EN)~~” Or. en

2018/10/01
Committee: IMCO

Anna Maria CORAZZA BILDT

Proposal for a directive
Article 2 – paragraph 1 – point 10

Directive 2011/83/EU
Article 24 – paragraph 2 – point d

(d) ~~where appropriate,~~ the intentional or negligent character of the infringement;

2018/10/01
Committee: IMCO

18 Amendments of Anna Maria CORAZZA BILDT related to 2018/0090(COD)

ParlTrack - 2011-2024