5 Amendments of Liisa JAAKONSAARI related to 2018/0090(COD)
Amendment 112 #
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) It should be recognised that consumers increasingly rely on online platforms to make informed decisions about goods and services they may wish to purchase. As the consumer is in a weaker position than a business, in particular in case of online shopping, this reliance should be reflected by imposing legal liability upon the operators of an online marketplace if they fail to remove misleading information provided by traders once they have been notified by a supplier.
Amendment 113 #
Proposal for a directive
Recital 19 b (new)
Recital 19 b (new)
(19b) It should be noted that comparison websites do not necessarily rank and display products objectively by price and quality and that consumers may not be aware that online platform operators may receive payment in order to give undue prominence to a particular product or service. As a result, national regulatory bodies should monitor sectors where consumers tend to use comparison websites and undertake research to ascertain whether consumers' understanding of marketplace rankings is accurate. In the event that there are discrepancies then sector-specific action should be undertaken.
Amendment 114 #
Proposal for a directive
Recital 20
Recital 20
(20) In accordance with Article 15(1) of Directive 2000/31/EC45, online marketplaces should not be required to verify the legal status of third party suppliers. Instead, the online marketplace should require third party suppliers of products on the online marketplace to indicate their status as traders or non- traderOnline marketplaces should be obliged to take reasonable steps to ensure that the services they provide are not subject to misuse, leaving consumers vulnerable. There should be an adequate level of protection consistent with the nature of the goods for the purposes of consumer law and to provide thservices sold and any actual evidence of harm aris information to the online marketplace. __________________ 45 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1)g from the sale. Specifically, they should monitor activity which suggests that a trader is purporting to be a non-trader in order to influence consumers' choices and expectations of the quality of the product or service they are purchasing.
Amendment 354 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 – point d a (new)
Article 6 a – paragraph 1 – point d a (new)
(da) the operator of an online marketplace shall be liable for damages arising from a failure to take reasonable steps to remove misleading information from the website after receiving notification of the misleading information by users.
Amendment 376 #
Proposal for a directive
Article 2 – paragraph 1 – point 4 a (new)
Article 2 – paragraph 1 – point 4 a (new)
Directive 2011/83/EU
Article 6 b (new)
Article 6 b (new)
(4a) The following Article is inserted: “Article 6b Monitoring requirements on online marketplace operators Online marketplace operators shall be obliged to take reasonable steps to ensure that the services they provide are not subject to misuse, leaving consumers vulnerable. There shall be an adequate level of protection consistent with the nature of the goods or services sold and any actual evidence of harm arising from the sale. Specifically, operators shall monitor activity which suggests that a trader is purporting to be a non-trader in order to influence consumers’ choices and expectations of the quality of the product or service they are purchasing.”