Activities of Elżbieta Katarzyna ŁUKACIJEWSKA related to 2020/0361(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council Single Market for Digital Services (Digital Services Act) and amending Directive 2000/31/EC
Amendments (27)
Amendment 21 #
Proposal for a regulation
Recital 12
Recital 12
(12) In order to achieve the objective of ensuring a safe, predictable and trusted online environment, for the purpose of this Regulation the concept of “illegal content” should be defined broadly and also covers information relating to illegal content, products, services and activities. In particular, that concept should be understood to refer to information, irrespective of its form, that under the applicable law is either itself illegal, such as illegal hate speech or terrorist content and unlawful discriminatory content, or that relates to activities that are illegal, such as the sharing of images depicting child sexual abuse, unlawful non- consensual sharing of private images or videos, online stalking, the sale of non- compliant or, counterfeit productor illegal products, sale of illegal short-term rentals, the non- authorised use of copyright protected material or activities involving infringements of consumer protection law. In this regard, it is immaterial whether the illegality of the information or activity results from Union law or from national law that is consistent with Union law and what the precise nature or subject matter is of the law in question.
Amendment 30 #
Proposal for a regulation
Recital 43
Recital 43
(43) To avoid disproportionate burdens, the additional obligations imposed on online platforms under this Regulation should not apply to micro or, small or medium enterprises as defined in Recommendation 2003/361/EC of the Commission,41 unless their reach and impact is such that they meet the criteria to qualify as very large online platforms under this Regulation. The consolidation rules laid down in that Recommendation help ensure that any circumvention of those additional obligations is prevented. The exemption of micro- and, small and medium enterprises from those additional obligations should not be understood as affecting their ability to set up, on a voluntary basis, a system that complies with one or more of those obligations. _________________ 41 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p. 36).
Amendment 38 #
Proposal for a regulation
Recital 50
Recital 50
(50) To ensure an efficient and adequate application of that obligation, without imposing any disproportionate burdens, the online platforms covered should make reasonable efforts to verify the reliability of the information provided by the traders concerned, in particular by using freely available official online databases and online interfaces, such as national trade registers and the VAT Information Exchange System45 , or by. As an example, freely accessible online databases of short-term holidays rentals compliant with national and local requirements could be set up and maintained by relevant authorities. Online platforms listing such properties could check whether short-term holiday rentals can be legally rented out. Additional verification means for platforms could include requesting the traders concerned to provide trustworthy supporting documents, such as copies of identity documents, certified bank statements, company certificates and trade register certificates. They may also use other sources, available for use at a distance, which offer a similar degree of reliability for the purpose of complying with this obligation. However, the online platforms covered should not be required to engage in excessive or costly online fact-finding exercises or to carry out verifications on the spot. Nor should such online platforms, which have made the reasonable efforts required by this Regulation, be understood as guaranteeing the reliability of the information towards consumer or other interested parties. Such online platforms should also design and organise their online interface in a way that enables traders to comply with their obligations under Union law, in particular the requirements set out in Articles 6 and 8 of Directive 2011/83/EU of the European Parliament and of the Council46 , Article 7 of Directive 2005/29/EC of the European Parliament and of the Council47 and Article 3 of Directive 98/6/EC of the European Parliament and of the Council48 . _________________ 45 https://ec.europa.eu/taxation_customs/vies/ vieshome.do?selectedLanguage=en 46Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council 47Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) 48Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers
Amendment 40 #
Proposal for a regulation
Recital 52
Recital 52
(52) Online advertisement plays an important role in the online environment, including in relation to the provision of the services of online platforms. However, online advertisement can contribute to significant risks, ranging from advertisement that is itself illegal content, to contributing to financial incentives for the publication or amplification of illegal or otherwise harmful content and activities online, or the discriminatory display of advertising with an impact on the equal treatment and opportunities of citizens. In addition to the requirements resulting from Article 6 of Directive 2000/31/EC, online platforms should therefore be required to ensure that the recipients of the service have certain individualised information necessary for them to understand when and on whose behalf the advertisement is displayed. In addition, recipients of the service should have information on the main parameters used for determining that specific advertising is to be displayed to them, providing meaningful explanations of the logic used to that end, including when this is based on profiling. The requirements of this Regulation on the provision of information relating to advertisement is without prejudice to the application of the relevant provisions of Regulation (EU) 2016/679, in particular those regarding the right to object, automated individual decision- making, including profiling and specifically the need to obtain consent of the data subject prior to the processing of personal data for targeted advertising. Similarly, it is without prejudice to the provisions laid down in Directive 2002/58/EC in particular those regarding the storage of information in terminal equipment and the access to information stored therein.;
Amendment 43 #
Proposal for a regulation
Recital 54 a (new)
Recital 54 a (new)
(54 a) The potential risk should not be based solely on the number of users of online services, but it should also take into account the specificity of services offered.
Amendment 45 #
Proposal for a regulation
Recital 55
Recital 55
(55) In view of the network effects characterising the platform, gig and on- demand economy, the user base of an online platform may quickly expand and reach the dimension of a very large online platform, with the related impact on the internal market. This may be the case in the event of exponential growth experienced in short periods of time, or by a large global presence and turnover allowing the online platform to fully exploit network effects and economies of scale and of scope. A high annual turnover or market capitalisation can in particular be an indication of fast scalability in terms of user reach. In those cases, the Digital Services Coordinator shcould be able to request more frequent reporting from the platform on the user base to be able to timely identify the moment at which that platform should be designated as a very large online platform for the purposes of this Regulation, provided there is a legitimate reason.
Amendment 47 #
Proposal for a regulation
Recital 56
Recital 56
(56) Very large online platforms are used in a way that strongly influences safety online, the shaping of public opinion and, discourse, and lifestyle, as well as on online trade. The way they design their services is generally optimised to benefit their often advertising-driven business models and can cause societal concerns. In the absence of effective regulation and enforcement, they can set the rules of the game, without effectively identifying and mitigating the risks and the societal, environmental and economic harm they can cause. Under this Regulation, very large online platforms should therefore assess the systemic risks stemming from the functioning and use of their service, as well as by potential misuses by the recipients of the service, and take appropriate mitigating measures.
Amendment 56 #
Proposal for a regulation
Recital 70 a (new)
Recital 70 a (new)
(70 a) The Commission shall encourage and facilitate the drawing up of codes of conduct at Union level between online short term rental platforms and short term rental service providers.
Amendment 60 #
Proposal for a regulation
Recital 81
Recital 81
(81) In order to ensure effective enforcement of this Regulation, individuals or representative organisations and parties with a legitimate interest should be able to lodge any complaint related to compliance with this Regulation with the Digital Services Coordinator in the territory where they received the service, without prejudice to this Regulation’s rules on jurisdiction. Complaints should provide a faithful overview of concerns related to a particular intermediary service provider’s compliance and could also inform the Digital Services Coordinator of any more cross-cutting issues. The Digital Services Coordinator should involve other national competent authorities as well as the Digital Services Coordinator of another Member State, and in particular the one of the Member State where the provider of intermediary services concerned is established, if the issue requires cross- border cooperation.
Amendment 78 #
Proposal for a regulation
Article 2 – paragraph 1 – point f – indent 3
Article 2 – paragraph 1 – point f – indent 3
— a ‘hosting’ information society service that consists of the storage of digital information provided by, and at the request of, a recipient of the service, unless that activity is an ancillary feature of another service and, for objective and technical reasons cannot be used without that other service;
Amendment 79 #
Proposal for a regulation
Article 2 – paragraph 1 – point h a (new)
Article 2 – paragraph 1 – point h a (new)
(h a) ‘short term rental’ means a furnished accommodation for residential use that is repeatedly let for short periods against consideration, including on a non-professional basis, to a transient clientele which does not take up residence there, and that does not constitute the lessor's main residence.
Amendment 142 #
Proposal for a regulation
Article 16 – title
Article 16 – title
Exclusion for micro and, small and medium enterprises
Amendment 144 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
This Section shall not apply to online platforms that qualify as micro or, small or medium enterprises within the meaning of the Annex to Recommendation 2003/361/EC.
Amendment 145 #
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) decisions to remove, restrict or disable access to the information;
Amendment 147 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Online platforms shall ensure that their internal complaint-handling systems are easy to access, user-friendly, offered in local language and in English, and enable and facilitate the submission of sufficiently precise and adequately substantiated complaints.
Amendment 169 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The online platform shall, upon receiving that information, make reasonable efforts to assess whether the information referred to in points (a), (d) and (e) of paragraph 1 is reliable through the use of any freely accessible official online database or online interface made available by a Member States or the Union or through requests to the trader to provide supporting documents from reliable sources in a way that does not result in costly active fact-finding exercises.
Amendment 171 #
Proposal for a regulation
Article 22 – paragraph 3 – introductory part
Article 22 – paragraph 3 – introductory part
3. Where the online platform obtains indications that any item of information referred to in paragraph 1 or a visual representation or description thereof obtained from the trader concerned is inaccurate or incomplete, that platform shall request the trader to correct the information in so far as necessary to ensure that all information is accurate and complete, without delay or within the time period set by Union and national law.
Amendment 189 #
Proposal for a regulation
Article 24 – paragraph 1 – point c
Article 24 – paragraph 1 – point c
Amendment 221 #
Proposal for a regulation
Article 36 a (new)
Article 36 a (new)
Article 36 a Code of conduct for short-term rental platforms The Commission shall encourage and facilitate the drawing up of codes of conduct at Union level between online short term rental platforms and short term rental service providers.
Amendment 228 #
Proposal for a regulation
Article 38 – paragraph 3 – subparagraph 1
Article 38 – paragraph 3 – subparagraph 1
Member States shall make publicly available, and communicate to the Commission and the Board, the name of their competent authority designated as Digital Services Coordinator and information on how it can be contacted. The Commission should provide guidance to Member States to ensure a consistent approach on how national, local and regional authorities should relate to their Digital Services Coordinators.
Amendment 230 #
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. Member States shall ensure that their Digital Services Coordinators perform their tasks under this Regulation in an impartial, transparent and timely manner. Member States shall ensure that their Digital Services Coordinators have adequatenecessary technical, financial and human resources to carry out their tasks. Such resources could include - and not be limited to - access to training and regular exchanges with the service provider to understand the specificities of their business model.
Amendment 233 #
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. When carrying out their tasks and exercising their powers in accordance with this Regulation, the Digital Services Coordinators shall act with complete independence. They shall remain free from any external influence, whether direct or indirect, and shall neither seek norot take instructions from any other public authority or any private party. Digital Services Coordinators should be able to seek information from a public authority or private party if it deems it necessary to carry its role and power and still maintain its independence and neutrality.
Amendment 239 #
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
Recipients of the service, representative organisations and other parties with a legitimate interest, shall have the right to lodge a complaint against providers of intermediary services alleging an infringement of this Regulation with the Digital Services Coordinator of the Member State where the recipient resides or is established. The Digital Services Coordinator shall assess the complaint and, where appropriate, transmit it to the Digital Services Coordinator of establishment. Where the complaint falls under the responsibility of another competent authority in its Member State, the Digital Service Coordinator receiving the complaint shall transmit it to that authority.
Amendment 242 #
Proposal for a regulation
Article 48 – paragraph 3
Article 48 – paragraph 3
3. The Board shall be chaired and guided by the Commission. The Commission shall convene the meetings and prepare the agenda in accordance the tasks of the Board pursuant to this Regulation and with its rules of procedure.
Amendment 243 #
Proposal for a regulation
Article 48 – paragraph 4
Article 48 – paragraph 4
4. The Commission shall provide administrative and analytical support for the activities of the Board pursuant to this Regulation. The Board shall respect and take into account Commission’s, as Digital Single Market guardian’s, guidance and analytical support into its decisions.
Amendment 244 #
Proposal for a regulation
Article 49 – paragraph 1 – point c
Article 49 – paragraph 1 – point c
(c) issueas and when requested by a Digital Services Coordinator, issue non-legally binding opinions, and recommendations or advice to Digital Services Coordinators in accordance with, in discussion with all involved stakeholders, which serve as a way to remedy the problem and ensure a consistent enforcement of this Regulation;.
Amendment 245 #
Proposal for a regulation
Article 49 – paragraph 1 – point e a (new)
Article 49 – paragraph 1 – point e a (new)
(e a) responsible for ensuring that the conditions for country-of-origin derogation are interpreted strictly and narrowly to ensure consistent application of this Regulation.