47 Amendments of Rolandas PAKSAS related to 2018/0112(COD)
Amendment 92 #
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 business-to-consumer intermediation services and corporate website users in relation to online search engines where an official business-to-platform relationship is established are granted appropriate transparency and effective redress possibilities.
Amendment 98 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation shall apply to online intermediation services and online search engines provided, or offered to be providedthat target consumers located in the European Union, to business users and corporate website users, respectively, that have their place of establishment or residence in the Union and that, through online intermediation services or online search engines, seek to offer goods or services to consumers located in the Union, irrespective of the place of establishment or residence of the providers of those services.
Amendment 104 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b
Article 2 – paragraph 1 – point 2 – point b
(b) they allow business users to offer goods or services to consumers, with a view to facilitating the initiating of direct transactions between those business users and consumers and go above mere provision of an online presence, irrespective of where those transactions are ultimately concluded;
Amendment 115 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
(8) 'ranking' means the relative prominence in search results 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 117 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) 'terms and conditions' means all terms, conditions, and clauses and other information, irrespective of their name or form, which govern the contractual relationship between the provider of online intermediation services and their business users and are unilaterally determined by the provider of online intermediation services.
Amendment 119 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) are drafted in clear and unambiguous language;
Amendment 120 #
Proposal for a regulation
Article 3 – paragraph 1 – point b a (new)
Article 3 – paragraph 1 – point b a (new)
(b a) are objective, non-discriminatory, fair and reasonable;
Amendment 121 #
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) set out the objectivnon- discriminatory, fair and reasonable grounds for decisions to suspend or terminate, in whole or in part, the provision of their online intermediation services to business users, taking into account all the circumstances, especially where there is no direct alternative to their services.
Amendment 128 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1
Article 3 – paragraph 3 – subparagraph 1
Providers of online intermediation services shall notify to the business users concerned any envisaged material modification of their terms and conditions that adversely impact the business user.
Amendment 132 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2
Article 3 – paragraph 3 – subparagraph 2
The envisaged modifications shall not be implemented before the expiry of a notice period which is reasonable and proportionate to the nature and extent of the envisaged modifications and to their consequences for the business user concerned. That notice period shall be at least 157 days and not more than 30 days from the date on which the provider of online intermediation services notifies the business users concerned about the envisaged modifications.
Amendment 134 #
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 business-to-consumer intermediation services and corporate website users in relation to online search engines where an official business-to-platform relationship is established are granted appropriate transparency and effective redress possibilities.
Amendment 134 #
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Modifications to terms and conditions implemented by a provider of online intermediation services contrary to the provisions of paragraph 3 shall be null and void without prejudice to the validity of the remaining provisions, which will remain valid and enforceable, so far as they are severable from the offending provisions.
Amendment 135 #
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
5. Paragraph 3 shall not apply where a provider of online intermediation services is subject to a legal obligation which requires it to modify its terms and conditions in a manner which does not allow it to respect the notice period referred to in the second subparagraph of paragraph 3 or if there is a need to address a new harmful yet not illegal practice or a security issue that could impact the user or the integrity of the platform, provided they clearly notify users of the change and its rationale.
Amendment 139 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where a provider of online intermediation services decides to suspend or terminate, in whole or in part, the provision of its online intermediation services to a given business user, it shall provide the business user concerned, without undue delay, with a statement of reasons for that decision. that provides appropriate rationale and clarity without compromising the online intermediation service by disclosing information that could be subject to unauthorized use by an outside actor
Amendment 140 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation shall apply to online intermediation services and online search engines provided, or offered to be providedthat target consumers located in the European Union, to business users and corporate website users, respectively, that have their place of establishment or residence in the Union and that, through online intermediation services or online search engines, seek to offer goods or services to consumers located in the Union, irrespective of the place of establishment or residence of the providers of those services.
Amendment 144 #
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).
Amendment 145 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2 a. In case the intermediation services provider is subject to a legal obligation, or if providing the specific facts or circumstances could limit the intermediation services provider’s ability to protect the consumer or the intermediation services against a business users harmful practice, it will be exempt from providing such information.
Amendment 148 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b
Article 2 – paragraph 1 – point 2 – point b
(b) they allow business users to offer goods or services to consumers, with a view to facilitating the initiating of direct transactions between those business users and consumers and go above mere provision of an online presence, irrespective of where those transactions are ultimately concluded;
Amendment 148 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Providers of online intermediation services shall set out in their terms and conditions the main parameters determining ranking and the reasons for the relative importance of those main parameters as opposed to other parameters. Those parameters should be objective and non- discriminatory and applied in a consistent and non-discriminatory manner.
Amendment 158 #
Proposal for a regulation
Article 5 – paragraph 3 – introductory part
Article 5 – paragraph 3 – introductory part
3. The descriptions referred to in paragraphs 1 and 2 shall be sufficient to enable the business users or corporate website users to obtain an adequate understanding of whether, and if so how and to what extent, the ranking mechanism takes account of the following:
Amendment 166 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
(8) ‘ranking’ means the relative prominence in search results 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 166 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Providers of online intermediation services shall include in their terms and conditions a description of any material differentiated treatment which they give, or may give, in relation to, on the one hand, goods or services offered to consumers through those online intermediation services by either that provider itself or any business users which that provider controls and, on the other hand, other business users.
Amendment 170 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘terms and conditions’ means all terms, conditions, and clauses and other information, irrespective of their name or form, which govern the contractual relationship between the provider of online intermediation services and their business users and are unilaterally determined by the provider of online intermediation services.
Amendment 173 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1 a. Business users shall have a right to be provided with any personal data or other data, or both, which business users or consumers provide for the use of the online intermediation services concerned or which are generated through the provision of such services unless it is impossible to provide such data for technical or legal reasons. Business users shall be provided in all cases where possible with best quality data available.
Amendment 175 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) are drafted in clear and unambiguous language;
Amendment 181 #
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) set out the objective grounds for decisions to suspend or terminate, in whole or in part, the provision of their online intermediation services to business users.
Amendment 185 #
Providers of online intermediation services shall notify to the business users concerned any envisaged material modification of their terms and conditions that adversely impact the business user.
Amendment 187 #
Proposal for a regulation
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
(c) communicate to the complainant the outcome of the internal complaint- handling process, in an individualised manner and drafted in clear and unambiguous language.
Amendment 188 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1
Article 9 – paragraph 4 – subparagraph 1
Providers of online intermediation services shall annually establish and make easily available to the public information on the functitypes of problems that business users face on their onling and effectivenesse intermediation service and the general functioning of their internal complaint-handling system.
Amendment 191 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2
Article 3 – paragraph 3 – subparagraph 2
The envisaged modifications shall not be implemented before the expiry of a notice period which is reasonable and proportionate to the nature and extent of the envisaged modifications and to their consequences for the business user concerned. That notice period shall be at least 157 days and not more than 30 days from the date on which the provider of online intermediation services notifies the business users concerned about the envisaged modifications.
Amendment 191 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
Independent mediation shall be voluntary and used only after redress options within the internal complaint-handling system have been exhausted. Providers of online intermediation services shallmay identify in their terms and conditions one or more mediators with which they are willing to engage to attempt to reach an agreement with business users on the settlement, out of court, of any disputes between the provider and the business user arising in relation to the provision of the online intermediation services concerned, including complaints that could not be resolved by means of the internal complaint-handling system referred to in Article 9.
Amendment 201 #
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
5. Paragraph 3 shall not apply where a provider of online intermediation services is subject to a legal obligation which requires it to modify its terms and conditions in a manner which does not allow it to respect the notice period referred to in the second subparagraph of paragraph 3 or if there is a need to address a new harmful yet not illegal practice or a security issue that could impact the user or the integrity of the platform, provided they clearly notify users of the change and its rationale.
Amendment 203 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point b a (new)
Article 12 – paragraph 2 – subparagraph 1 – point b a (new)
(b a) they disclose fully and publicly- available information about their membership and structure;
Amendment 207 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where a provider of online intermediation services decides to suspend or terminate, in whole or in part, the provision of its online intermediation services to a given business user, it shall provide the business user concerned, without undue delay, with a statement of reasons for that decision that provides appropriate rationale and clarity without compromising the online intermediation service by disclosing information that could be subject to unauthorized use by an outside actor.
Amendment 213 #
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).
Amendment 214 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2 a. In case the intermediation services provider is subject to a legal obligation, or if providing the specific facts or circumstances could limit the intermediation services provider’s ability to protect the consumer or the intermediation services against a business users harmful practice, it will be exempt from providing such information.
Amendment 223 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Providers of online intermediation services shall set out in their terms and conditions the main parameters determining ranking and the reasons for the relative importance of those main parameters as opposed to other parameters.
Amendment 243 #
Proposal for a regulation
Article 5 – paragraph 3 – introductory part
Article 5 – paragraph 3 – introductory part
3. The descriptions referred to in paragraphs 1 and 2 shall be sufficient to enable the business users or corporate website users to obtain an adequate understanding of whether, and if so how and to what extent, the ranking mechanism takes account of the following:
Amendment 258 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Providers of online intermediation services shall include in their terms and conditions a description of any material differentiated treatment which they give, or may give, in relation to, on the one hand, goods or services offered to consumers through those online intermediation services by either that provider itself or any business users which that provider controls and, on the other hand, other business users.
Amendment 304 #
Proposal for a regulation
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
(c) communicate to the complainant the outcome of the internal complaint- handling process, in an individualised manner and drafted in clear and unambiguous language.
Amendment 309 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1
Article 9 – paragraph 4 – subparagraph 1
Providers of online intermediation services shall annually establish and make easily available to the public information on the functitypes of problems that business users face on their onling and effectivenesse intermediation service and the general functioning of their internal complaint-handling system.
Amendment 311 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2
Article 9 – paragraph 4 – subparagraph 2
That information shall include the total number of complaints lodged, the subject- matter of trelevant and non-proprietary information, such as the rates of successfully resolved complaints. Providers of online intermediation services shall, when complayints, the time period needed to process the complaints and the decision taken on the complaintsg with the requirements of this paragraph, not be required to disclose any trade secrets as defined in Article 2(1) of Directive (EU) 2016/943 or any information where a legal or confidentiality obligation, does not allow them to do so or any information that may lead to consumer harm.
Amendment 313 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
Independent mediation shall be voluntary and used only after redress options within the internal complaint-handling system have been exhausted. Providers of online intermediation services shallmay identify in their terms and conditions one or more mediators with which they are willing to engage to attempt to reach an agreement with business users on the settlement, out of court, of any disputes between the provider and the business user arising in relation to the provision of the online intermediation services concerned, including complaints that could not be resolved by means of the internal complaint-handling system referred to in Article 9.
Amendment 325 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Providers of online intermediation services and business users shall engage in good faith in any attempt to reach an agreement through the mediation of any of the mediators which they identified in accordance with paragraph 1, with a view to reaching an agreement on the settlement of the dispute.
Amendment 332 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Providers of online intermediation services shall bear a reasonable proportion of the total costs of mediation in each individual case. A reasonable proportion of those total costs shall be determined, on the basis of a suggestion by the mediator, by taking into account all relevant elements of the case at hand, in particular the relative merits of the claims of the parties to the dispute, whether a threshold of materiality is present in the claims, the conduct of the parties, as well as the size and financial strength of the parties relative to one another. However, providers of online intermediation services shall in any case bear at least half of the total cost.
Amendment 339 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point b
Article 12 – paragraph 2 – subparagraph 1 – point b
(b) they pursue objectives that are in the collective interest of tha material and representative group of business users or corporate website users that they represent, on an opt-in basis;
Amendment 340 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point b a (new)
Article 12 – paragraph 2 – subparagraph 1 – point b a (new)