BETA

26 Amendments of Philippe JUVIN related to 2018/0090(COD)

Amendment 103 #
Proposal for a directive
Recital 19
(19) Specific transparency requirements for online marketplaces should therefore be provided in Directive 2011/83/EU to inform consumers using online marketplaces about the main parameters determining ranking of offers and their relative importance, whether they enter into a contract with a trader or a non-trader (such as another consumer), whether consumer protection law applies and which trader is responsible for the performance of the contract and for ensuring consumer rights when these rights apply. This information should be provided in a clear and comprehensible manner and not only through a reference in the standard Terms and Conditions or similar contractual document. The information requirements for online marketplaces should be proportionate and need to strike a balance between a high level of consumer protection and the competitiveness of online marketplaces. Online marketplaces should not be required to list specific consumer rights when informing consumers about their applicability or non- applicability. The information to be provided about the responsibility for ensuring consumer rights depends on the contractual arrangements between the online marketplace and the relevant third party traders. Online marketplace may refer to the third party trader as being solely responsible for ensuring consumer rights or describe its specific responsibilities where it assumes the responsibility for certain aspects of the contract, for example, delivery or the exercise of the right of withdrawal. The obligation to provide information about the main parameters determining ranking of search results and their relative importance is without prejudice to any trade secrets regarding the underlying algorithms. This information should explain the main default parameters used by the marketplace but does not have to be presented in a customized manner for each individual search query.
2018/10/01
Committee: IMCO
Amendment 109 #
Proposal for a directive
Recital 19 a (new)
(19a) Transparency requirements for online marketplaces need to be robust to protect the consumer even after the consumer is bound by a distance or off- premises contract, or any corresponding offer if additional essential information becomes available after the sale. Consumers should be protected from buying or using illegal content, which may pose a threat to their health and safety, and be allowed to exercise any available remedies, including through alternative dispute resolution mechanisms provided for in Directive 2013/11/EU of the European Parliament and of the Council1a. They should therefore be informed when they have bought an illegal product or service, or in the event the offer was misleading. Online marketplaces do not always know when an offer or a product is illegal. However, when they become aware of such information after the sale, they should share it not only with the traders but also with the consumers. Such a requirement is in line with Directive 2000/31/EC, since it would only apply once an online marketplace has received a notice, confirmed its validity, and proceeded with the takedown of the illegal offer, product or service. _____________ 1a Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR) (OJ L 165, 18.6.2013, p. 63).
2018/10/01
Committee: IMCO
Amendment 196 #
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Directive 2005/29/EC
Article 2 – paragraph 1 – point m (new)
(-1) In Article 2, paragraph 1, the following point is added: “(m) ‘online platform’ means an online service which provides services, including: (i) enabling consumers to conclude contracts for the supply of goods, services or digital content with suppliers within an electronic environment controlled by the platform operator; (ii) enabling suppliers to place advertisements within an electronic environment controlled by the platform operator which can be browsed by customers in order to contact suppliers and to conclude a contract outside the platform; (iii) offering comparison or other services to customers that identify relevant suppliers of goods, services or digital content and direct customers to those suppliers’ web sites or contact details; (iv) enabling platform users to rate or review suppliers, customers or other users, or goods, services or digital content offered by suppliers.”
2018/10/01
Committee: IMCO
Amendment 218 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Directive 2005/29/EC
Article 7 – paragraph 4 – point f (new)
(3a) In Article 7(4), the following point is added: "(f) for products or services offered through online platforms, the main parameters of ranking of offers presented to the consumer as result of a search query, and their relative importance;”
2018/10/01
Committee: IMCO
Amendment 222 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 b (new)
(3b) In Article 7(4), the following point is added: “(g) for products or services offered by the third party through an online platform, information whether this third party is a trader or not;”
2018/10/01
Committee: IMCO
Amendment 225 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 c (new)
Directive 2005/29/EC
Article 7 – paragraph 4 – points h (new)
(3c) In Article 7(4), the following point is added: “(h) for products or services offered on the online platforms, information whether the consumer rights stemming from Union consumer legislation apply or not and if yes, which trader is responsible for ensuring their application in relation to the contract;”
2018/10/01
Committee: IMCO
Amendment 228 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 d (new)
Directive 2005/29/EC
Article 7 – paragraph 4 – points i (new)
(3d) In Article 7(4), the following point is added: “(i) for products or services offered on online platforms, information whether and how algorithms or automated decision making were used, to present offers or determine prices, including personalised pricing techniques.”
2018/10/01
Committee: IMCO
Amendment 229 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 e (new)
Directive 2005/29/EC
Article 7 – paragraph 4 – point j (new)
(3e) In Article 7(4), the following point is added: “(j) for customer reviews displayed on platforms with commercial purposes, the control of the reviews’ reliability, and its main characteristics, if such a control exists.”
2018/10/01
Committee: IMCO
Amendment 271 #
Proposal for a directive
Article 1 – paragraph 1 – point -6 (new)
Directive 2005/29/EC
Annex I – point 6 a (new)
(-6) The following point 6a is added to Annex I: Show a price reduction without indicating the reference price on which the announcement of the price reduction is based and without being able to show it to have been the price in the 30 days prior to the announcement.
2018/10/01
Committee: IMCO
Amendment 308 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point d
Directive 2011/83/EU
Article 2 – paragraph 1 – point 19
(19) ‘online marketplace’ means a service provider which allows consumers to conclude onlineplatform’ means an online public communication service based on: – the classification or listing, by means of computer algorithms, of content, goods or services offered or placed online by third parties; – and/or bringing multiple parties into contracts with traders and consumers on the online marketplace’s online interfaa view to selling goods, providing services or exchanging or sharing content, goods or services;
2018/10/01
Committee: IMCO
Amendment 310 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point d
Directive 2011/83/EU
Article 2 – paragraph 1 – point 20
(20) ‘online interface’ means online interface as defined in point (16) of Article 2 of Regulation (EU) 2018/302platform operator’ means any natural or legal person offering, in a professional capacity, whether or not in exchange for remuneration, a public communication service via an online platform’.
2018/10/01
Committee: IMCO
Amendment 311 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point d
Directive 2011/83/EU
Article 2 – paragraph 1 – point 20 a (new)
(20a) ‘online opinion’ means any expression of a consumer’s opinion regarding their consumer experience by means of any assessment element, whether qualitative or quantitative, placed on an online platform.
2018/10/01
Committee: IMCO
Amendment 325 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 a (new)
Directive 2011/83/EU
Article 6 – paragraph 1 – point s a (new)
(3a) In Article 6(1), the following point is inserted: “(sa) where applicable, the existence of a control of the customer reviews’ reliability, and its main characteristics;”
2018/10/01
Committee: IMCO
Amendment 328 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – Title
Additional information requirements for contracts concluded on online marketplaceplatforms
2018/10/01
Committee: IMCO
Amendment 329 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – Title
Additional information requirements for contracts concluded on online marketplaceonline platforms
2018/10/01
Committee: IMCO
Amendment 330 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 – introductory part
Before a consumer is bound by a distance contract, or any corresponding offer, on an online marketplaceplatform, the online marketplaceplatform operator shall in addition provide the following information in a fair, clear and transparent manner:
2018/10/01
Committee: IMCO
Amendment 332 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 – introductory part
Before a consumer is bound by a distance contract, or any corresponding offer, on an online marketplaceplatforms, the online marketplaceplatforms shall in addition provide the following information:
2018/10/01
Committee: IMCO
Amendment 333 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 – point a
(a) the main parameters determinethods for referencing, ranking and dereferencing the content of offers presented to the consumer as a result of his search query on the online marketplaceplatform, indicating the default ranking criteria, their main parameters and their relative weighting;
2018/10/01
Committee: IMCO
Amendment 339 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 – point a
(a) the main parameters determining ranking of offers and their relative importance presented to the consumer as result of his search query on the online marketplaceplatforms;
2018/10/01
Committee: IMCO
Amendment 347 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 – point b
(b) whether the third party offering the goods, services or digital content is a trader or not,consumer reviews related to the offered product or service have been subject to a control onf the basis of the declaration of that third party to the online marketplaceir reliability, and if so, a description of the main characteristics of such control;
2018/10/01
Committee: IMCO
Amendment 349 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 – point b
(b) whether the third party offering the goods, services or digital content is a trader or not, on the basis of the declaration of that third party to the online marketplaceplatforms;
2018/10/01
Committee: IMCO
Amendment 351 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 – point c
(c) whether consumer rights stemming from Union consumer legislation apply or not to the contract concluded; and
2018/10/01
Committee: IMCO
Amendment 352 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 – point d
(d) where the contract is concluded with a trader, which trader is responsible for ensuring the application of consumer rights stemming from Union consumer legislation in relation to the contract. This requirement is without prejudice to the responsibility that the online marketplace may have or may assume with regard to specific elements of the contract.; and
2018/10/01
Committee: IMCO
Amendment 353 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 – point d a (new)
(da) whether and how algorithms or automated decision making were used, to present offers or determine prices, including personalised pricing techniques. Member States may maintain or introduce in their national law additional information requirements.
2018/10/01
Committee: IMCO
Amendment 363 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 a (new)
After the consumer is bound by a distance or off-premises contract, or any corresponding offer, on an online marketplace, and where the offer for the good or service that has been sold was notified to and removed by the online marketplace on grounds that it is illegal, the online marketplace shall promptly provide the following information to the consumer in a clear and comprehensible manner: (a) that the product or service sold or the offer thereof is illegal or apparently illegal and was removed; (b) the identity of the trader that placed the offer, which was removed; (c) the reason why the offer was removed.
2018/10/01
Committee: IMCO
Amendment 373 #
Proposal for a directive
Article 2 – paragraph 1 – point 4 a (new)
Directive 2011/83/EU
Article 6 b (new)
(4a) The following Article is inserted: ‘Article 6b Reputation feedback systems 1. An operator of an online platform who provides a reputational feedback system must provide information about the modalities of collection, processing and publication of ratings and reviews. 2. The reputational feedback system must comply with standards of professional diligence. 3. Standards of professional diligence in the meaning of paragraph (2) include the following: (a) if the operator of the online platform claims that ratings or reviews originate from real consumers it has to take reasonable and proportionate steps to verify that reviews are based on a confirmed transaction. (b) reviews should not be solicited in exchange for any economic benefit. (c) if a review is rejected, the reviewer should be informed without undue delay about the rejection and the reasons for such rejection. (d) reviews should be published without undue delay. (e) the order in which reviews are presented by default must not be misleading. Users of the online platforms should be able to view reviews in chronological order. (f) if the reputational feedback system exclude solder reviews, this should be indicated to the users of the online platform. The exclusion period should be reasonable but not shorter than 12 months. (g) if reviews are consolidated into an overall rating, the total number of reviews on which the rating is based should be indicated. (h) the operator of the online platform should provide a free-of-charge complaint mechanism which allows a user of the online platform to submit a reasoned notification if it has doubts regarding the authenticity of a review.”
2018/10/01
Committee: IMCO