13 Amendments of Olga SEHNALOVÁ related to 2017/0003(COD)
Amendment 45 #
Proposal for a regulation
Recital 1
Recital 1
(1) Article 7 of the Charter of Fundamental Rights of the European Union ("the Charter") protects the fundamental right of everyone to the respect for his or her private and family life, home and communications. Respect for the privacy of one’'s communications is an essential dimension of this right. Confidentiality of electronic communications ensures that information exchanged between parties and the external elements of such communication, including when the information has been sent, from where, to whom, is not to be revealed to anyone other than to the parties involved in a communication. The principle of confidentiality should apply to current and future means of communication, including calls, internet access, instant messaging applications, e-mail, internet phone calls and personal messaging provided through social media, in-platform messages between users of a social network and any private messaging systems online.
Amendment 70 #
Proposal for a regulation
Recital 9
Recital 9
(9) This Regulation should apply to electronic communications data processed in connection with the provision and use of electronic communications services in the Union, regardless of whether or not the processing takes place in the Union. Moreover, in order not to deprive end-users in the Union of effective protection, this Regulation should also apply to electronic communications data processed in connection with the provision of electronic communications services from outside the Union to end-users in the Union. This should be the case irrespective of whether the electronic communications are connected to a payment or not.
Amendment 119 #
Proposal for a regulation
Recital 22
Recital 22
(22) The methods used for providing information and obtaining end-user's consent should be as user-friendly as possible. Given the ubiquitous use of tracking cookies and other tracking techniques, end-users are increasingly requested to provide consent to store such tracking cookies in their terminal equipment. As a result, end-users are overloaded with requests to provide consent. The use of technical means to provide consent, for example, through transparent and user-friendly settings, may address this problem. Therefore, this Regulation should prevent the use of so- called "cookie walls" and "cookie banners" that do not help users to maintain control over their personal information and privacy or become informed about their rights. This Regulation should provide for the possibility to express consent by technical specifications, for instance by using the appropriate settings of a browser or other application. Those settings should include choices concerning the storage of information on the user's terminal equipment as well as a signal sent by the browser or other application indicating the user's preferences to other parties. The choices made by end- users when establishing itsthe general privacy settings of a browser or other application should be binding on, and enforceable against, any third parties. Web browsers are a type of software application that permits the retrieval and presentation of information on the internet. Other typIn this sense, settings must be granular enough to control all data processing that the user consents to and to cover all relevant functionalities (for example, whether websites ofr applications, such as the ones that permit calling and messaging or provide route guidance, have also the same capabilities. Web browsers mediate much of what occurs between the end-user and the website. From this perspective, they are in a privileged position to play an active role to help the end-user to control the flow of information to and from the terminal equipment. More particularly web browsers may be used as gatekeepers, thus helping end-users to prevent information from their terminal equipment (for example smart phone, tablet or computer) from being accessed or storeds can collect location data from the user or can access specific hardware such as a webcam or microphone). Devices and software applications enabling electronic communications should implement technical mechanisms such as the Do Not Track standard to ensure that users' privacy is protected by default and that users are given genuine choice and control.
Amendment 133 #
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) Children merit specific protection with regard to their online privacy. They usually start using the internet at an early age and become very active users. Yet, they may be less aware of the risks and consequences associated to their online activities, as well as less aware of their rights. Specific safeguards are necessary in relation to the use of children's data, notably for the purposes of marketing and the creation of personality or user profiles.
Amendment 162 #
Proposal for a regulation
Recital 32
Recital 32
(32) In this Regulation, direct marketing refers to any form of advertising by which a natural or legal person sends or presents direct marketing communications directly to one or more identified or identifiable end-users using electronic communications services, regardless of the form that such marketing takes. In addition to the offering of products and services for commercial purposes, this should also include messages sent by political parties that contact natural persons via electronic communications services in order to promote their parties. The same should apply to messages sent by other non-profit organisations to support the purposes of the organisation.
Amendment 175 #
Proposal for a regulation
Recital 39
Recital 39
(39) Each supervisory authority should be competent on the territory of its own Member State to exercise the powers and to perform the tasks set forth in this Regulation. In order to ensure consistent monitoring and enforcement of this Regulation throughout the Union, the supervisory authorities should have the same tasks and effective powers in each Member State, without prejudice to the powers of prosecutorial authorities under Member State law, to bring infringements of this Regulation to the attention of the judicial authorities and engage in legal proceedings. Member States and their supervisory authorities are encouraged to take account of the specific needs of micro, small and medium-sized enterprises in the application of this Regulation. Supervisory authorities should cooperate with the relevant authorities in other enforcement areas as appropriate.
Amendment 410 #
Proposal for a regulation
Article 10 – title
Article 10 – title
Amendment 414 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. SThe default settings of hardware and software placed on the market permitting electronic communications, including the retrieval and presentation of information on the internet, shall offer the option to prevent third parties from storing information on the terminal equipment of an end-user or processing information already stored on that equipmentbe configured to provide the highest level of privacy protection and protect users' against unauthorised interferences. In particular, default settings shall prevent the tracking of users' online behaviour by other parties. For this purpose, privacy settings shall include a signal which is sent to other parties to inform them about the users' settings. Such settings shall be binding on and enforceable against any other party.
Amendment 420 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Upon installation, the softwarefirst use or whenever any significant modifications are introduced, the user shall be inform the end-usered about the default privacy settings options and, to continue with the installation, require the end-user to consent to a settingand other available options, if any. Information shall be presented in an easily visible and intelligible manner. It shall not incentivise users to select lower privacy settings and shall include relevant information about the risks associated with each setting. Settings must be easily accessible and modifiable at any time during the use of the device or software.
Amendment 427 #
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2 a. Hardware and software which enables electronic communications and is specifically intended for children's use or targeted at children shall not allow tracking of its user's behaviour and activities for profiling, marketing or advertising purposes.
Amendment 479 #
Proposal for a regulation
Article 16 – paragraph 3 a (new)
Article 16 – paragraph 3 a (new)
3 a. Unsolicited marketing communications shall be clearly recognisable as such and shall indicate the identity of the legal or natural person transmitting the communication or on behalf of whom the communication is transmitted. Such communications shall provide the necessary information for recipients to exercise their right to refuse further written or oral marketing messages.
Amendment 483 #
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. Notwithstanding paragraph 1, Member States may provide by law that the placing of direct marketing voice-to-voice calls to end-users who are natural personusers shall only be allowed in respect of end- users who are natural persons who have not expressed their objection to receiving those communications. Member States shall provide that users can objection to receiving thosee unsolicited communications via a national Do Not Call Register, thereby also ensuring that the user is only required to opt out once.
Amendment 486 #
Proposal for a regulation
Article 16 – paragraph 6
Article 16 – paragraph 6
6. Any natural or legal person using electronic communications services to transmit direct marketing communications shall inform end-users of the marketing nature of the communication and the identity of the legal or natural person on behalf of whom the communication is transmitted and shall provide the necessary information for recipients to exercise their right to withdraw their consent, in an easy manner that is as easy as giving the consent and free of charge, to receiving further marketing communications.