BETA

Activities of Róża THUN UND HOHENSTEIN related to 2020/0361(COD)

Plenary speeches (1)

Digital Services Act (continuation of debate)
2022/01/19
Dossiers: 2020/0361(COD)

Amendments (29)

Amendment 728 #
Proposal for a regulation
Article 2 – paragraph 1 – point p
(p) ‘content moderation’ means the activities undertaken by providers of intermediary services aimed at detecting, identifying and addressing illegal content or information incompatible with their terms and conditions, provided by recipients of the service, including measures taken that affect the availability, visibility and accessibility of that illegal content or that information, such as demotion, demonetisation, disabling of access to, or removal thereof, or the recipients’ ability to provide that information, such as the termination or suspension of a recipient’s account;
2021/07/08
Committee: IMCO
Amendment 801 #
Proposal for a regulation
Article 8 – paragraph 1
1. Providers of intermediary services shall, upon the receipt of an order to act against a specific item of illegal content, issued by the relevant national judicial or administrative authorities, on the basis of the applicable Union or national law, in conformity with Union law, inform the authority issuing the order of the effect given to the orders, without undue delay, specifyingof the actions taken and the moment when the actions was takenere taken. In relation to consumer protection matters, this provision shall apply to competent administrative authorities ordering online platforms to act against products or services unlawfully promoted or offered to consumers.
2021/07/08
Committee: IMCO
Amendment 863 #
Proposal for a regulation
Article 9 – paragraph 1
1. Providers of intermediary services shall, upon receipt of an order to provide a specific item of information about one or more specific individual recipients of the service, issued by the relevant national judicial or administrative authorities on the basis of the applicable Union or national law, in conformity with Union law, inform without undue delay, inform the authority of issuing the order of its receipt and the effect given toperform the order.
2021/07/08
Committee: IMCO
Amendment 880 #
Proposal for a regulation
Article 9 – paragraph 2 – point c
(c) the order is drafted in the language declared by the provider and is sent to the point of contact appointed by that provider, in accordance with Article 10;
2021/07/08
Committee: IMCO
Amendment 925 #
Proposal for a regulation
Article 12 – paragraph 1
1. Providers of intermediary services shall include information on any restrictions that they impose in relation to the use of their service in respect of information provided by the recipients of the service, in their terms and conditions. That information shall include information on any policies, procedures, measures and tools used for the purpose of content moderation, including information about algorithmic decision-making and human review. ItProviders of intermediary services shall also include information on the right to terminate the use of the service. The possibility to terminate must be easily accessible for the user. Information on remedies and redress mechanisms shall also be included in the terms and conditions. The terms and conditions shall be set out in clear and unambiguous language and shall be publicly available in an easily accessible format.
2021/07/08
Committee: IMCO
Amendment 989 #
Proposal for a regulation
Article 13 – paragraph 1 – point c
(c) meaningful and comprehensible information about the content moderation engaged in at the providers’ own initiative, including the number and type of measures taken that affect the availability, visibility and accessibility of information provided by the recipients of the service and the recipients’ ability to provide information, categorised by the type of reason and basis for taking those measures;
2021/07/08
Committee: IMCO
Amendment 1125 #
Proposal for a regulation
Article 15 a (new)
Article 15a Online interface design and oversight 1. Providers of hosting services shall not subvert or impair the autonomy, decision-making, or choice of the recipients of the service through the structure, function or manner of operation of their online interface or a part thereof. In particular, providers of hosting services shall refrain from: a) giving more visual prominence to any of the options when asking the recipient of the service for a decision that might have detrimental effects for the recipient; b) repeatedly requesting that a recipient of the service consents to data processing, regardless of the scope or purpose of such processing, especially by presenting a pop-up that interferes with user experience; c) urging a recipient of the service to change any setting or configuration of the service after the person in question has already made her choice, including by the use of a standard protocol in accordance with paragraph 4; d) making the procedure of cancelling a service more cumbersome then signing up to it; e) requiring a recipient of the service to consent to the collection or processing of personal data concerning the recipient that is not strictly technically necessary for the functioning of the service. 2. A choice or decision made by the recipient of the service using an online interface that does not comply with the requirements of paragraph 1 shall not constitute consent in the sense of Regulation (EU) 2016/679. 3. Providers of hosting services shall design and organise their online interfaces in a way that enables them and traders to comply with their obligations under applicable Union and Member State law on data protection and consumer protection, including on product safety. 4. Providers of hosting services shall respect the communication of choices made by the recipients of the service, including consent or withdrawal of consent to the processing of personal data, through automated means, in particular through the settings of software placed on the market permitting electronic communications, including the retrieval and presentation of information on the internet. The Commission shall, after consulting the Board, adopt delegated acts laying down the technical conditions for automated means referred to above. 5. The Commission shall adopt a delegated act in accordance with Article 69, after consulting the Board to indicate specific design patterns that qualify as subverting or impairing the autonomy, decision making, or choice of the recipients of the service. The Commission shall keep this list updated in the light of technological developments and, in the case of very large online platforms, assessments related to systemic risks identified in accordance with Article 27(2). 6. The Commission may adopt implementing acts to prescribe the design and functions of online interfaces that facilitate expression of consent in accordance to Regulation (EU) 2016/679 or other choices that may be expressed by the recipients of the service. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 70. Before the adoption of any measures pursuant to this paragraph, the Commission shall publish a draft thereof and invite all interested parties to submit their comments within the time period set out therein, which shall not be less than one month.
2021/07/08
Committee: IMCO
Amendment 1166 #
Proposal for a regulation
Article 17 – paragraph 1 – point c a (new)
(ca) decisions to radically restrict the visibility of content provided by the recipients,
2021/07/08
Committee: IMCO
Amendment 1171 #
Proposal for a regulation
Article 17 – paragraph 1 – point c b (new)
(cb) decisions to restrict the ability to monetise content provided by the recipients,
2021/07/08
Committee: IMCO
Amendment 1213 #
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point a
(a) it is impartial and independentndependent, including financially independent, and impartial of online platforms and recipients of the service provided by the online platforms and of individuals or entities that have submitted notices;
2021/07/08
Committee: IMCO
Amendment 1481 #
Proposal for a regulation
Article 23 a (new)
Article 23a Online advertising and recommender systems 1. Online platforms that use recommender systems and systems for selecting and displaying advertisements shall set out in an easily accessible place in their online interface in a clear, accessible and easily comprehensible manner, relevant information on the functioning of these systems, in particular their parameters. 2. The parameters referred to in paragraph 3 shall include at least: (a) the criteria used by relevant systems, (b) the indication of the importance that specific criteria have for outputs produced by relevant systems, (c) the optimisation goals of relevant systems, if applicable, a list of categories of personal data taken into account by relevant systems, sources of this data, and an explanation of the role that the behaviour of the recipients of the service plays in how relevant systems produce their outputs, in the case of very large online platforms, the summary of risk assessments referred to in Article 26 and the description of mitigation measures referred to in Article 27.
2021/07/08
Committee: IMCO
Amendment 1482 #
Proposal for a regulation
Article 24 – title
OTransparency of online advertising transparencyand suggested content
2021/07/08
Committee: IMCO
Amendment 1492 #
Proposal for a regulation
Article 24 – paragraph 1 – point c
(c) if an advertisement is targeted specifically to them, meaningful information about the main parameters used to determine the recipient to whom the advertisement is displayed., including, where applicable, the targeting criteria and the optimisation goal selected by the advertiser;
2021/07/08
Committee: IMCO
Amendment 1498 #
Proposal for a regulation
Article 24 – paragraph 1 – point c a (new)
(ca) if the online platform uses automated systems to determine the recipients of the service to whom the advertisement shall be displayed, meaningful information about the reasons why a given advertisement has been deemed relevant for a specific recipient of the service;
2021/07/08
Committee: IMCO
Amendment 1504 #
Proposal for a regulation
Article 24 – paragraph 1 – point c b (new)
(cb) if applicable, information on the use of pre-defined lists and the categories, the source of personal data uploaded to the online platform as well as the legal basis for uploading this personal data pursuant to Regulation (EU) 2016/679, as well as information on the use of targeting methods aimed at displaying an advertisement to recipients who are similar to a specific group together with meaningful information on the reasons why such similarity was established.
2021/07/08
Committee: IMCO
Amendment 1508 #
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Very large online platforms that suggest content to which the recipients of the service have not explicitly subscribed shall ensure that the recipients of the service can identify, for each specific suggestion, in a clear and unambiguous manner and in real time, meaningful information about the criteria used to suggest this content to the recipient, including, where applicable, personal data of the recipient taken into account.
2021/07/08
Committee: IMCO
Amendment 1512 #
Proposal for a regulation
Article 24 – paragraph 1 b (new)
3. Providers of intermediary services shall obtain consent from the recipients of their service, in order to provide them with micro targeted and behavioural advertisement. Providers of intermediary services shall ensure that recipients of services can easily make an informed choice when expressing their consent by providing them with meaningful information.
2021/07/08
Committee: IMCO
Amendment 1551 #
Proposal for a regulation
Article 26 – paragraph 1 – introductory part
1. Very large online platforms shall identify, analyse and assess, from the date of application referred to in the second subparagraph of Article 25(4), at least once a year thereafter, any significantprobability and severity of systemic risks stemming from the functioning and use made of their services in the Union. This risk assessment shall be specific to their services and shall include the following systemic risks:
2021/07/08
Committee: IMCO
Amendment 1566 #
Proposal for a regulation
Article 26 – paragraph 1 – point b
(b) any negative effects for the exercise of the fundamental rights listed in the Charter, in particular on the fundamental rights to respect for private and family life, freedom of expression and information, the prohibition of discrimination and the rights of the child, as enshrined in Articles 7, 11, 21 and 24 of the Charter respectively;
2021/07/08
Committee: IMCO
Amendment 1580 #
Proposal for a regulation
Article 26 – paragraph 1 – point c a (new)
(ca) any potentially negative societal effect, in particular related to the increased polarisation of opinions and insufficient exposure to objective sources of information.
2021/07/08
Committee: IMCO
Amendment 1623 #
Proposal for a regulation
Article 27 – paragraph 1 – subparagraph 1 a (new)
These measures and its justification shall be provided to the independent auditors in order to prepare the audit report referred to in Article 28.
2021/07/08
Committee: IMCO
Amendment 1657 #
Proposal for a regulation
Article 28 – paragraph 1 – point a
(a) the obligations set out in Chapter III, in particular the quality of the identification, analysis and assessment of the systemic risks referred to in Article 26, the necessity, proportionality and effectiveness of the risk mitigation measures referred to in Article 27, and the quality and effectiveness of the functionalities made available to the recipients of the service pursuant to Article 28a and Article 29(1);
2021/07/08
Committee: IMCO
Amendment 1687 #
Proposal for a regulation
Article 29
1. use recommender systems shall set out in their terms and conditions, in a clear, accessible and easily comprehensible manner, the main parameters used in their recommender systems, as well as any options for the recipients of the service to modify or influence those main parameters that they may have made available, including at least one option which is not based on profiling, within the meaning of Article 4 (4) of Regulation (EU) 2016/679. 2. available pursuant to paragraph 1, vArticle 29 deleted Recommender systems Very large online platforms sthall provide an easily accessible functionality on their online interface allowing the recipient of the service to select and to modify at any time their preferred option for each of the recommender systems that determines the relative order of information presented to them.t Where several options are
2021/07/08
Committee: IMCO
Amendment 1707 #
Proposal for a regulation
Article 29 a (new)
Article 29a Additional requirements for recommender systems 1. Very large online platforms that use recommender systems may provide the recipients of the service with the options to modify or influence the optimisation goals and rank or select the recommendation criteria of relevant systems, made available pursuant to paragraph 4 of Article 23a. 2. If very large online platforms decide not to provide the options referred to in paragraph 1, they shall offer users the choice of recommender systems from third party providers where available. Such third parties must be offered access to the same operating system, hardware or software features that are available or used in the provision by the very large online platform of its own recommender systems. 3. The Commission shall, after consulting the Board, adopt delegated acts laying down the requirements for third party providers referred to in paragraph 2 to ensure an adequate standard of data protection, data security as well as diversity and quality of recommended information in the provision of third party services.
2021/07/08
Committee: IMCO
Amendment 1718 #
Proposal for a regulation
Article 30 – paragraph 1
1. Very large online platforms that display advertising on their online interfaces shall compile and make publicly available, in particular, through application programming interfaces a repository containing the information referred to in paragraph 2, until onetwo years after the advertisement was displayed for the last time on their online interfaces. They shall ensure that the repository does not contain any personal data of the recipients of the service to whom the advertisement was or could have been displayed.
2021/07/08
Committee: IMCO
Amendment 1728 #
Proposal for a regulation
Article 30 – paragraph 2 – point d
(d) whether the advertisement was intended to be displayed specifically to one or more particular groups of recipients of the service and if so, the main parameters used for that purpose;
2021/07/08
Committee: IMCO
Amendment 1730 #
Proposal for a regulation
Article 30 – paragraph 2 – point e
(e) the total number of recipients of the service reached and, where applicable, aggregate numbers forof the size of the group or groups of recipients to whom the advertisement was targeted specificallythat were intended to be targeted by the advertiser, as well as aggregate numbers for the specific group or groups of recipients eventually reached, with an indication of at least a demographic and geographic distribution of the recipients in each of these categories.
2021/07/08
Committee: IMCO
Amendment 1764 #
Proposal for a regulation
Article 31 – paragraph 4
4. In order to be vetted, researchers shall be affiliated with academic institutions or civil society organisations, be independent from commercial interests, disclose the funding for their research, have proven records of expertise in the fields related to the risks investigated or related research methodologies, and shall commit and be in a capacity to preserve the specific data security and confidentiality requirements corresponding to each request.
2021/07/08
Committee: IMCO
Amendment 1805 #
Proposal for a regulation
Article 33 a (new)
Article 33a Algorithmic accountability 1. Very large online platforms that deploy algorithms in content moderation systems, recommender systems and systems for selecting and displaying advertisements shall provide the Commission with the necessary information to perform an assessment of the algorithms used. 2. When carrying out the assessment referred into paragraph 1, the Commission shall assess the following elements: (a) the compliance with corresponding Union requirements; (b) how the algorithm is used by the very large online platform and its impact on the provision of the service; (c) the impact on fundamental rights, including on consumer rights, as well as the social effect of the algorithms; and (d) whether the measures implemented by the very large online platform to ensure the resilience of the algorithm are appropriate with regard to the importance of the algorithm for the provision of the service and its impact on elements referred to in point (c). 3. When performing their assessment, the Commission may seek advice from relevant national public authorities, researchers and non- governmental organisations. 4. Following the assessment, referred to in paragraph 2, the Commission shall communicate its findings to the very large online platforms and allow them to provide additional explanation on the conclusion of the findings within a period of two weeks. 5. The Commission shall make the results of the assessments publicly available, including explanations provided by very large online platforms, without prejudice to Directive (EU) 2016/943. 6. Where the Commission finds that the algorithm used by the very large online platform does not comply with point (a), (c), or (d) of paragraph 2 of this Article, the Commission shall take appropriate measures laid down in this Regulation to stop the infringement, in particular in regard to changes in the design of the algorithm.
2021/07/08
Committee: IMCO