12 Amendments of Sven GIEGOLD related to 2020/0374(COD)
Amendment 362 #
Proposal for a regulation
Recital 72 a (new)
Recital 72 a (new)
(72 a) The Commission should be adequately staffed to ensure the successful implementation and effective enforcement of this Regulation.
Amendment 384 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down harmonised rules ensuring contestable and fair markets in the digital sector across the Union where gatekeepers are present so as to contribute to the protection of fundamental rights and the integrity of democratic processes, as well as to foster innovation, increase consumer choice and ensure higher consumer protection standards .
Amendment 606 #
Proposal for a regulation
Article 5 – paragraph 1 – point a a (new)
Article 5 – paragraph 1 – point a a (new)
(a a) refrain from delivering and displaying advertisement that is targeting or micro-targeting individuals or segments of individuals based on their behaviour, the tracking of their activities or on profiling within the meaning of Article 4(4) of Regulation (EU) 2016/679;
Amendment 609 #
Proposal for a regulation
Article 5 – paragraph 1 – point a b (new)
Article 5 – paragraph 1 – point a b (new)
(a b) refrain from combining personal data for advertising purposes or purposes of behaviour prediction;
Amendment 887 #
Proposal for a regulation
Article 7 – paragraph 7 a (new)
Article 7 – paragraph 7 a (new)
7a. The powers granted to the Commission under this Article are without prejudice to the jurisdiction of national courts to ensure compliance with the obligations laid down in Articles 5 and 6 in legal proceedings between gatekeepers, business and end users, including in collective redress procedures pursuant to Directive (EU) 2020/18281a. _________________ 1aDirective (EU) 2020/1828 of the European Parliament and of the Council of 25 November 2020 on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC.
Amendment 1003 #
Proposal for a regulation
Article 16 – title
Article 16 – title
16 Market investigation into systematic non-compliance or concentration that weakens the contestability of markets
Amendment 1011 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Where the market investigation shows that a gatekeeper has systematically infringed the obligations laid down in Articles 5 and 6 and has further strengthened or extended its gatekeeper position in relatior where the Commission assesses under Article 12 that any intended concentration has an adverse impact on to the characteristics under Article 3(1)ontestability of markets, the Commission mayshall by decision adopted in accordance with the advisory procedure referred to in Article 32(4) impose on such gatekeeper any behavioural or structural remedies which are proportionate to the infringement committed and necessary to ensure compliance with this Regulation. The Commission shall conclude its investigation by adopting a decision within twelvesix months from the opening of the market investigation.
Amendment 1016 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The Commission may onlyalso impose structural remedies pursuant to paragraph 1 either where thwhere it consideres is no equallyt more effective than behavioural remedy or where any equally effective behavioural remedy would be more burdensome for the gatekeeper concerned than the structural remedy.ies in ensuring compliance with the obligations laid down in articles 5 and 6. Such structural remedies may include: - separation of business units; - unbundling and horizontal division of services; - changes to the gatekeeper’s financing model; - disgorging financial benefits to end- users;
Amendment 1021 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. A gatekeeper shall be deemed to have engaged in a systematic non- compliance with the obligations laid down in Articles 5 and 6, whereas soon as the Commission has issued at least threewo non- compliance or fining decisions pursuant to Articles 25 and 26 respectively against a gatekeeper in relation to any of its core platform services within a period of five years prior to the adoption of the decision opening a market investigation in view of the possible adoption of a decision pursuant to this Articleten years.
Amendment 1065 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. In case of urgency due to the risk of serious and irreparable damage for business users or end users of gatekeepers, imminent threats to the fairness and contestability of markets or the general considerations laid out in Article 1(1), the Commission may, by decision adopt in accordance with the advisory procedure referred to in Article 32(4), order interim measures against a gatekeeper on the basis of a prima facie finding of an infringement of Articles 5 or 6.
Amendment 1068 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. A decision pursuant to paragraph 1 may only be adopted in the context of proceedings opened in view of the possible adoption of a decision of non-compliance pursuant to Article 25(1). This decision shall apply for a specified period of time and may be renewed in so far this is necessary and appropriate.
Amendment 1132 #
Proposal for a regulation
Article 30 a (new)
Article 30 a (new)
Article 30 a Accountability 1. The Commission shall adopt an annual report on the state of the digital economy. This report shall provide an analysis of the market position, influence and business models of the gatekeepers in the common market. The report shall include a summary of its activities, in particular supervisory measures adopted under Chapter II and IV of this Regulation as well as an assessment on whether competition rules, the provisions of this Regulation (and Regulation XX/2021 Digital Services Act) and current enforcement levels are adequate to address anticompetitive conduct and ensure the contestability and fairness of digital markets. This annual report shall also include a social impact assessment, which assesses new digital products and services and their potential impact on mental health, user behaviour, disinformation, polarisation and democracy. In the fulfilment of this mandate, the Commission should coordinate its supervisory and monitoring efforts with those foreseen under the Digital Services Act, so as to achieve the best possible synergies. 2. The European Parliament through its competent committees may provide an opinion on an annual basis on the report by the Commission. 3. The Commission shall reply in writing to the opinion adopted by the European Parliament and to any question addressed to it by the European Parliament or by the Council within five weeks of its receipt. 4. At the request of the European Parliament, the Commission shall participate in a hearing before the European Parliament. A hearing shall take place at least bi-annually. The respective Commissioner shall make a statement before the European Parliament and answer any questions from its members, whenever so requested. In addition, a continuous, high-level dialogue between the European Parliament and the Commission shall be ensured through exchanges which take place no less than four times a year.