Activities of Philippe JUVIN related to 2016/2276(INI)
Reports (1)
REPORT on online platforms and the digital single market PDF (461 KB) DOC (84 KB)
Amendments (75)
Amendment 1 #
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
- having regard to the Commission communication of 10 January 2017 on Building a European Data Economy (COM(2017)0009) and the accompanying Commission staff working document (SWD(2017)0002),
Amendment 2 #
Draft opinion
Recital A
Recital A
A. whereas online platforms (hereinafter ‘platforms’) cover a wide range of actors involved in numerous economic activities, such as e-commerce, media, search engines, collaborative economy, distribution of cultural content or social networks, and are therefore not subject to any clear and precise definition, the formulation of which would be the first step of a sectoral regulation process;
Amendment 5 #
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas the intermediaries of yesterday have become today’s providers of content and play an essential role in terms of access to content including cultural and audiovisual content;
Amendment 7 #
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas the raison d'être of the digital single market is to avoid fragmentation between national legislations and to abolish technical, legal and tax barriers to allow businesses, citizens and consumers to fully benefit from digital tools and services;
Amendment 15 #
Draft opinion
Recital D a (new)
Recital D a (new)
Da. whereas in order to put an end to the copyright related ambiguity between active user-uploaded content platforms and those having an activity of mere intermediaries, it is necessary to clarify that the limited liability provided by Article 14 of the E-Commerce Directive is only applicable to platforms having a passive intermediary role, that is to say without intervening in the organisation, optimisation or promotion of the content;
Amendment 25 #
Motion for a resolution
Recital C
Recital C
C. whereas the evolving development and use of internet platforms for a wide set of activities, including commercial activities and sharing goods and services, have changed the ways in which consumers, companies and other users interact with content and goods providers;
Amendment 31 #
Draft opinion
Recital G a (new)
Recital G a (new)
Ga. whereas platforms can have double roles as intermediaries but also competitors which can potentially lead to abuse;
Amendment 32 #
Draft opinion
Recital G b (new)
Recital G b (new)
Gb. whereas a duty of care should be imposed under certain conditions to online service providers to detect and prevent illegal activities on platforms by any technically reliable means;
Amendment 33 #
Draft opinion
Recital G c (new)
Recital G c (new)
Gc. whereas online counterfeiting is becoming increasingly sought after by criminal organizations as it is more profitable and has a smaller risk of incurring criminal penalties than racketeering or drug trafficking;
Amendment 36 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses the urgent need for clarification of the status of platforms that play an active role in public communication and the reproduction of protected works;
Amendment 41 #
Motion for a resolution
Recital E
Recital E
E. whereas numerous online platforms not only provide access to goods and services, but also play a more activen important role in relation to consumers and other actors;
Amendment 46 #
Motion for a resolution
Recital F
Recital F
F. whereas the Commission is carrying out a number of assessments of consumer protection rules and B2B practices engaged in by online platforms towards their business users;
Amendment 46 #
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for a regulatory framework that would guarantee loyalty and transparency towards business partners in relation to, inter alia, access to the service, appropriate and fair referencing, search results and the functioning of relevant application programming interfaces;
Amendment 50 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas numerous consultations with consumers and other stakeholders have proved that the terms of use and conditions provided by internet platforms in many cases are lacking clarity and user-friendly form;
Amendment 51 #
Motion for a resolution
Recital F b (new)
Recital F b (new)
F b. whereas some online platforms serve as gateways, serious concerns arise when they become gatekeepers restricting access to consumers and to business opportunities, in particular where they also compete directly in downstream markets, for which they control access to ;
Amendment 51 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on platforms to take appropriate measures to ensure the proper functioning of contractual agreements concluded with right holders for the use of copyright protected works, such as the installation of effective content recognition technologies, where appropriate;
Amendment 70 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Emphasises the need to restore a balance in the sharing of value for intellectual property, in particular on platforms distributing protected audiovisual content;
Amendment 78 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Recalls that counterfeiting affects all sectors of the legal economy and that companies, the first targets of counterfeiters, are not the only ones affected by this scourge. Counterfeiting is a real issue for the health and safety of consumers who must be sensitized and made aware of the reality of trafficking in fake products;
Amendment 79 #
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Calls on the Commission to further promote the launched platform for settling disputes involving purchases made online amongst consumers, to improve its user-friendliness and to monitor whether traders comply with their obligation to put a link to the platform on their website, in order to further address the increasing number of complaints against several online platforms;
Amendment 80 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recalls that, although many pieces of EU legislation apply to online platforms, it is frequently the case that they are not enforced properly or have not been adapted to the online world; believes, therefore, that a consideration should be given to the question of whether there is a need to complement the current legal framework in order to remedy this situation;
Amendment 80 #
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Calls on the Commission to consider establishing a harmonised approach to the right of rectification, the right to counterstatement and rights to forbearance for users of platforms;
Amendment 81 #
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Calls on the Commission to create a level playing field in view of claims for damages against platforms due to the circulation of disparaging facts, which create a persistent harm to the user;
Amendment 91 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. NoteRegrets that there is currently no consensus on the definition of online platforms due to the multitude of different types of platforms, which may lead to uncertainty for businesses and to fragmentation of the EU’s internal market through a proliferation of regional or national rules; stresses the difficulties to regulate a concept which is not even defined at the European level;
Amendment 101 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the Commission’'s ongoing work on online platforms, including consultations of stakeholders and carrying out an impact assessment, and considers that Online Platforms shall be defined at the European level taking into account their characteristics and differences, such as their sector of activities and the level of interaction to avoid any fragmentation in the EU;
Amendment 114 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that certain features ofonline platforms are, to a greater or lesser extent, characterise online platforms, such asd by certain common features which include their operating in multi-sided markets, enabling parties belonging to two or more distinct user groups to enter into direct contact by electronic means, offering online services based on the classification or referencing of content, goods or services proposed or put on-line by third parties, the bringing together of several parties with a view to the sale of a good, the provision of a service or the exchange or sharing of content, goods or services;
Amendment 130 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that online platforms use the internet as a means of interaction and act as facilitators between the demand and supply sides providing therefore benefits to a wide range of economic operators, including SMEs, and consumers;
Amendment 138 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that online platforms take advantage of the enormous and ever- increasing number of mobileconnected devices;
Amendment 145 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Underlines that the increasingly widespread use of smart devices, including smartphones and tablets has further extended access to online platforms, thereby enhancing their role in the economy and society, particularly among young people, but more and more among all age groups;
Amendment 147 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Underlines that the increasingly widespread use of smartphones and tablet, tablets and internet of things has further extended access to online platforms, thereby enhancing their role in the economy and society, particularly among young people;
Amendment 149 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Notes the growing role of online platforms in sharing and providing access to news and other information valuable for citizens as well as for the functioning of democracy;
Amendment 158 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Urges the Commission to continue to promote the growth of European online platforms and strengthen their ability to compete globally; regrets the EU’s low share of online platform-firms in terms of market capitalisation on online platforms; stresses the importance of removing obstacles that hamper the smooth operation of online platforms across borders and disrupt the functioning of the European digital sinternalgle market;
Amendment 163 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recognises the benefits that online platforms offer for SMEs; notes that online platforms are often the easiest and most suitable first step for small businesses who want to go online and benefit from online distribution channels; notes that online platforms allow SMEs to access global markets without excessive investments in costly digital infrastructure;
Amendment 183 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that some online platforms realise the collaborative economy and contribute to the growth of collaborative economy in Europe; welcomes the Commission communication on the collaborative economy, which supports the development of new business models; stresses that these new business models offer new services and greater choice for consumers as well as provide flexibility for employees;
Amendment 186 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that some online platforms realisenable the collaborative economy; welcomes the Commission communication on the collaborative economy, which supports the development of new business models; stresses that these new business models offer new services and greater choice for consumers as well as provide flexibility for employees;
Amendment 207 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Believes that a clear-cut and level playing field is needed in order to allow online platforms to comply with their responsibilities and the rules on liability and calls on the Commission to develop further steps to that effect;
Amendment 219 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes that certain stakeholders are dissatisfied with the current rules on liability and find it insufficiently clear and welcomes the Commission’s undertaking to publish guidelinesance on intermediary liability; calls on the Commission to draw attention to the differences between the online and offline world and to create a level playing field for comparable services online and offline;
Amendment 229 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Considers that the liability rules for online platforms should allow the tackling of issues related to illegal goods and illegal and harmful content in an efficient manner, for instance by respecting the duty of care, while maintaining a balanced and business- friendly approach;
Amendment 261 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Considers that online platforms should develop more effective voluntary measures and technical means tof identifying and eliminatinge illegal and harmful content in particular in areas such as incitement to terrorism, hate speech and child sexual abuse;
Amendment 262 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Considers that online platforms should develop and adopt more effective voluntary measures and technical means of identifying and eliminating harmfulillegal content; welcomes the industry Code of Conduct on countering illegal hate speech, supported by the Commissiont;
Amendment 273 #
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Invites the Commission to rapidly conclude its review of the need for formal notice-and-action procedures as a promising way to strengthen the liability regime in a harmonised way across the EU;
Amendment 275 #
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23 b. Believes that the compliance with the General Data Protection Regulation and Network and Information Security Directive is essential as regards data ownership, access and transferability, as well as liability;
Amendment 278 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Urges the Commission to ensure a level playing field for online platforms service providers and other services with which they compete; stresses that regulatory certainty is essential to creating a thriving digital economy; notes that competitive pressures vary between different sectors and therefore ‘one-size- fits-all’ solutions are rarely appropriate and tailor-made solutions are necessary to take into consideration due to the various characteristics of different kinds of online platforms;
Amendment 295 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Draws attention to the fact that the size of online platforms varies from global giants to micro-enterprises; stresses the importance of fair and effective competition between online platforms to avoid the creation of monopolies that distort the markets; stresses that facilitating the switching between online platforms or online services is an essential measure in preventing market failures and in avoiding lock-in situations;
Amendment 296 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Draws attention to the fact that the size of online platforms varies from global giants to micro-enterprises; stresses the importance of fair and effective competition between online platforms to avoid the creation of monopolies that distort the markets due to abuse of market power; stresses that facilitating the switching between online platforms or online services is an essential measure in preventing market failures;
Amendment 299 #
Motion for a resolution
Paragraph 26
Paragraph 26
26. Underlines that possible reforms of the existing regulatory framework should concentrate on the harmonisation of rules and reducing regulatory fragmentation; emphasises the need to avoid over- regulation and to continue the REFIT process and the implementation of the better regulation principle; stresses the importance of technology neutrality and having the same rules apply online and offline; stresses that the regulatory certainty fosters competition, investments and innovations;
Amendment 306 #
Motion for a resolution
Paragraph 26
Paragraph 26
26. Underlines that possible reforms of the existing regulatory framework should concentrate on the harmonisation of rules and reducing regulatory fragmentation; emphasises the need to avoid over- regulation; stresses the importance of technologyical neutrality and having the same rules apply online and offline;
Amendment 309 #
Motion for a resolution
Paragraph 27
Paragraph 27
27. Underlines the importance of investments in infrastructure; stresses that a level playing field and fair competition ensure investments in quality, high-speed broadband services; stresses that reliable high-speed networks are the precondition of offering and using online platform services; stresses the need for net neutrality and fair and non-discriminatory access to online platforms;
Amendment 320 #
Motion for a resolution
Paragraph 28
Paragraph 28
28. Underlines that the Internet of the future cannot succeed without users’ trust in online platforms, greater transparency, better control of ranking systems and advertising, and online platforms respecting all applicable legislation and the legitimate interests of users;
Amendment 332 #
Motion for a resolution
Paragraph 29
Paragraph 29
29. Stresses the importance of transparency in relation to data collection and considers that online platforms must respond to users’ concerns by informing them more effectively about what personal data is collected and how it is shared and used in line with the EU data protection framework;
Amendment 342 #
Motion for a resolution
Paragraph 30
Paragraph 30
30. Underlines that the cross-border nature of online platforms represents a huge advantage in developing the Digital Single Market, but also requires better cooperation between national public authorities; asks the Commission to make better use of existing consumer protection services, or to assess the need to set up an authority which could provide identical and efficient consumer protection in relation to online platforms activities;
Amendment 345 #
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30 a. Welcomes the Commission intention to further assess any additional need to update existing consumer protection rules in relation to platforms as part of the REFIT check of EU consumer and marketing law in 2017;
Amendment 347 #
Motion for a resolution
Paragraph 31
Paragraph 31
31. Encourages online platforms to provide clear, comprehensive and user- friendly ways of presenting their terms and conditions in order to enhance consumer protection and bolster trust; considers that online platforms should fully respect existing EU legislation and should avoid using complex terms and conditions that are hardly understandable for consumers;
Amendment 356 #
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32 a. Underlines that monopolies, concentration and in particular abuse of dominant position, must be avoided and stresses also that dominant online platforms should not impose disproportionate obligations on consumers or business users;
Amendment 357 #
Motion for a resolution
Paragraph 32 b (new)
Paragraph 32 b (new)
32 b. Stresses that transparency and impartiality are vital principles in this economy and that even complex algorithms have to respect them;
Amendment 358 #
Motion for a resolution
Paragraph 32 c (new)
Paragraph 32 c (new)
32 c. Welcomes the Update of the Guidance of the UCPD which aims to make clearer how the Directive should be applied in the ecosystem of online platforms;
Amendment 359 #
Motion for a resolution
Paragraph 32 d (new)
Paragraph 32 d (new)
32 d. Stresses the importance of greater transparency for users to understand how the information presented to them is filtered, shaped or personalised;
Amendment 360 #
Motion for a resolution
Paragraph 32 e (new)
Paragraph 32 e (new)
32 e. Underlines that differences between sponsored and any other content must be clearly made, and that criteria used to rank offers of information, such as in search engines or comparison sites, must be known;
Amendment 361 #
Motion for a resolution
Paragraph 32 f (new)
Paragraph 32 f (new)
32 f. Believes that online platform providers should inform consumers about the ranking systems and principles, including the sponsored search results and online rating and review systems in a clear and visible manner in order to enable an informed choice;
Amendment 365 #
Motion for a resolution
Paragraph 33
Paragraph 33
33. Calls on the Commission to evaluate platforms’ review systems and to put an end to certain practices, such as fake reviews and the deletion of negative reviews in order to make platforms comply with existing obligations; in this respect, as part of the REFIT check of EU consumer and marketing law in 2017, calls on the Commission to ensure that online platforms' review systems are covered by the requirements of the Unfair Commercial Practices Directive relative to false or misleading information;
Amendment 368 #
Motion for a resolution
Paragraph 33
Paragraph 33
33. Calls on the Commission to evaluate platforms’for a new European authority to be set up in order to evaluate platforms' fairness by controlling review systems and to putting an end to certain practices, such as fake reviews and the deletiong of negative reviews in order to make platforms comply with; believes that this would create a true incentive for platforms to respect existing obligations in this field;
Amendment 370 #
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33 a. Welcomes the Guidance on the implementation/application of directive 2005/29/EC on Unfair Commercial Practices which recalls that platform should avoid creating the impression that reviews posted through it originate from real users, when it cannot adequately ensure this; calls, therefore, on the Commission and the Member States to encourage the voluntary adoption of certification schemes provided by independent accredited certifiers to guarantee that platforms' review systems are reliable;
Amendment 376 #
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34 a. Considers that, in order to ensure a balanced approach and avoid the over- regulation, criteria and a market power threshold should be defined to include those platforms that are gatekeepers and control access to the final consumers; considers that a focused legislative instrument, based on principles only applicable to these platforms, should prohibit a certain set of practices, in particular where they are detrimental to consumers and market competitiveness;
Amendment 380 #
Motion for a resolution
Paragraph 35
Paragraph 35
35. Calls on the Commission to assess the current Intellectual Property Rights (IPR) Enforcement Directive6 , in order to ascertain how to contribute more effectivelyoblige all intermediaries in the value chain, including internet service providers, to contribute to the fight against counterfeiting by adopttaking proactive, proportionate and effective measures to prevent the marketing, promotion and distribution of counterfeited goods; _________________ 6 OJ L 195, 2.6.2004, p. 16.
Amendment 404 #
Motion for a resolution
Paragraph 37
Paragraph 37
37. Notes that online payments offer ahigh level of transparency that helps to protect the rights of consumers and entrepreneurs and could be applied to the collection of data for taxation purposes, for example; notes that transparency facilitates the comparison of prices and transaction costs and increases the traceability of economic transactions and enables more efficient collection of taxes;
Amendment 422 #
Motion for a resolution
Paragraph 40
Paragraph 40
40. Is concerned about problematic B2Band increasing B2B unfair trading practices by online platforms, such as a lack of transparency (e.g. in search results) or pricing) promotion of advertising or sponsored results while diminishing the visibility of the non-paid results or and possible abuses of the dual role of platforms as intermediaries and competitors;
Amendment 427 #
Motion for a resolution
Paragraph 40 a (new)
Paragraph 40 a (new)
40 a. Calls on the Commission to propose a pro-growth, pro-consumer, targeted legislative framework for B2B relations based on principles to prevent abuse of market power and ensure that platforms that serve as a gateway to a downstream market do not become gatekeepers; resolves that such a framework should prevent detriment to consumer welfare, promote competition and innovation; further recommends that this framework be technology neutral and capable of addressing existing risks, for example in relations to market for mobile operating system but also future risks with new internet-driven technologies like IoT or artificial intelligence, which will place platforms even more squarely between online businesses and consumers;
Amendment 428 #
Motion for a resolution
Paragraph 40 a (new)
Paragraph 40 a (new)
40 a. Notes that where platforms play this dual role, they have economic incentives to discriminate in favour of their own products and services, to the detriment of consumers competition and innovation; notes that this conduct can take various forms, including restricting communication with consumers, imposing discriminatory pricing policies and other B2B terms that reduce the visibility and viability of competing services;
Amendment 431 #
Motion for a resolution
Paragraph 40 b (new)
Paragraph 40 b (new)
40 b. Welcomes the targeted fact-finding exercise on B2B practices to be conducted by Commission by spring 2017 and urges to present effective steps to ensure fair competition;
Amendment 436 #
Motion for a resolution
Paragraph 42
Paragraph 42
42. WHaving in mind the recent revelations involving big digital companies and their tax planning practices in the EU, welcomes the efforts made by the Commission to fight tax avoidance and harmful competition and calls on the Member States and the Commission to propose further reforms to prevent tax avoidance practices in the EU;
Amendment 440 #
Motion for a resolution
Paragraph 43
Paragraph 43
43. Points to the differences in the legal landscape in the 28 Member States and the specificities of the digital sector in which the physical presence of a company in the country of the market is often not needed and calls on the Member States to adjust the value-added tax (VAT) system according to the country-of-destination principle7 ; considers that this would be more adapted to the digital environment and would make easier for tax administrations to collect it; _________________ 7 European Parliament resolution of 24 November 2016 on towards a definitive VAT system and fighting VAT fraud, P8_TA(2016)0453.
Amendment 450 #
Motion for a resolution
Paragraph 44
Paragraph 44
44. Regrets that the EU’s presence in the world market is barely felt, in particular due to the current fragmentation of the digital market, legal uncertainty and the lack of financing and capacity to market technological innovations, which make it difficult for European companies to become world leaders in this new globally competitive economy;
Amendment 451 #
Motion for a resolution
Paragraph 44
Paragraph 44
44. Regrets that the EU’s presence in the world market is barely feltregrettably low, in particular due to the current fragmentation of the digital market, legal uncertainty and the lack of financing and capacity to market technological innovations, which make it difficult for European companies to become world leaders in this new economy;
Amendment 460 #
Motion for a resolution
Paragraph 45 a (new)
Paragraph 45 a (new)
45 a. Considers that the EU must now establish a positive agenda to imagine the world of tomorrow and carve out a central role within it;
Amendment 461 #
Motion for a resolution
Paragraph 45 b (new)
Paragraph 45 b (new)
45 b. Believes that Europe has the potential to become a major player in the digital world and considers that the EU should pave the way for an innovation- friendly climate in Europe by ensuring a watertight legal framework protecting all stakeholders;
Amendment 462 #
Motion for a resolution
Paragraph 45 c (new)
Paragraph 45 c (new)
45 c. Calls on the European Institutions to foster the development of European start-ups and help set up market-leading European online platforms, provide suitable financing arrangements, protect consumers (e.g. by establishing a European fairness rating agency with legal and technical expertise for instance), and adopt the necessary rules;