12 Amendments of Morten LØKKEGAARD related to 2018/0112(COD)
Amendment 89 #
Proposal for a regulation
Recital 7
Recital 7
(7) Since online intermediation services and online search engines typically have a global dimension, this Regulation should apply to providers of those services regardless of whether they are established in a Member State or outside the Union, provided that two cumulative conditions are met. Firstly, the business users or corporate website users should be established in the Union. Secondly, the business users or corporate website users should, through the provision of those services, offer their goods or services to consumers located in the Union at least for part of the transaction. In accordance with Regulation (EC) No 44/2001 (Brussels I) and Regulation (EC) No 593/2008 (Rome I), this would mean that the online intermediation services and online search engines have targeted or directed sales to consumers located in one or more Member States, irrespective of where in the Union. Such consumers should be located in the Union, but do not need to have their place of residence in the Union nor have the nationality of any Member State. Accordingly, this Regulation should not apply where the business users or corporate websites users are not established in the Union or where they are established in the Union but where they use online intermediation services or online search engines to offer goods or services exclusively to consumers located outside the Union or to persons who are not consumers.
Amendment 129 #
Proposal for a regulation
Recital 13
Recital 13
(13) To ensure that the general terms and conditions of a contractual relationship enable business users to determine the commercial conditions for the use, termination and suspension of online intermediation services, and to achieve predictability regarding their business relationship, those terms and conditions should be drafted in clear and unambiguousplain and intelligible language which is easily understood by an average business user. Terms and conditions should not be considered to have been drafted in clear and unambiguousplain and intelligible language where they are vague, unspecific or lack detail on important commercial issues and thus fail to give business users a reasonable degree of predictability on the most important aspects of the contractual relationship. Moreover, language that could be seen as misleading in the choice of phrasing should not be considered plain and intelligible.
Amendment 202 #
Proposal for a regulation
Recital 22
Recital 22
(22) In order to enable business users, including those whose use of the relevant online intermediation services might have been suspended or terminated, to have access to immediate, suitable and effective redress possibilities, providers of online intermediation services should provide for an internal complaint-handling system. That internal complaint-handling system should be aimed at ensuring that a significant proportion of complaints can be solved bilaterally by the provider of the online intermediation services and the relevant business user in a reasonable period of time. In addition, ensuring that providers of online intermediation services publish information on the functioning and effectiveness of their internal complaint- handling system should help business users to understand the types of issues that can arise in the context of the provision of different online intermediation services and the possibility of reaching a quick and effective bilateral resolutionshould regularly review their internal complaint- handling system.
Amendment 208 #
Proposal for a regulation
Recital 24
Recital 24
(24) Mediation can offer providers of online intermediation services and their business users a means to resolve disputes in a satisfactory manner, without having to use judicial proceedings which can be lengthy and costly. Therefore, providers of online intermediation services should facilitate mediation by, in particular, identifying mediators with which they are willing to engage. Mediators which provide their services from a location outside the Union should only be identified where it is guaranteed that the use of those services does not in any way deprive the business users concerned of any legal protection offered to them under Union law or the law of the Member States, including the requirements of this Regulation and the applicable law regarding protection of personal data and trade secrets. Nonetheless, providers of online intermediation services and their business users should remain free to jointly identify any mediator of their choice after a dispute has arisen between them. In order to be accessible, fair, and as swift, efficient and effective as possible, thoseall identified mediators should meet certain set criteria.
Amendment 221 #
Proposal for a regulation
Recital 28
Recital 28
(28) Codes of conduct, drawn up either by the service providers concerned or by qualified organisations or associations representing them, can contribute to the proper application of this Regulation and should therefore be encouraged. When drawing up such codes of conduct, in consultation with all relevant stakeholders, account should be taken of the specific features of the sectors concerned as well as of the specific characteristics of micro, small and medium-sized enterprises.
Amendment 290 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) are drafted in clear and unambiguousplain and intelligible language;
Amendment 333 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 3
Article 3 – paragraph 3 – subparagraph 3
The business user concerned may, either by means of a written statement or a clear affirmative action, waive the notice period referred to in the second subparagraph. The continued active use of an online intermediation services shall be deemed an affirmative action.
Amendment 407 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Providers of online search engines shall set out for corporate website users the main parameters determining ranking, by providing an easily and publicly available description, drafted in clear and unambiguousplain and intelligible language on the online search engines of those providers. They shall keep that description up to date.
Amendment 556 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 2 – introductory part
Article 9 – paragraph 1 – subparagraph 2 – introductory part
That internal complaint-handling system shall be easily accessible for business users and ensure handling within a reasonable timeframe. It shall allow them to lodge complaints directly with the provider concerned regarding any of the following issues:
Amendment 569 #
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 unambiguousplain and intelligible language.
Amendment 579 #
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 functioning and effectiveness ofregularly review their internal complaint-handling system.
Amendment 626 #
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.