5 Amendments of Marietje SCHAAKE related to 2015/0287(COD)
Amendment 162 #
Proposal for a directive
Recital 11
Recital 11
(11) The Directive should address problems across different categories of digital content and its supply. In order to cater for fast technological developments and to maintain the future-proof nature of the notion of digital content, this notion as used in this Directive should be broader than in Directive 2011/83/EU of the European Parliament and of the Council.30 In particular it should cover services which allow the creation, processing or storage of data. While there are numerous ways for digital content to be supplied, such as transmission on a durable medium, downloading by consumers on their devices, web-streaming, allowing access to storage capabilities of digital content or access to the use of social media, this Directive should apply to all digital content independently of the medium used for its transmission. Differentiating between different categories in this technologically fast changing market is not desirable because it would hardly be possible to avoid discriminations between suppliers. A level-playing field between suppliers of different categories of digital content should be ensured. However this Directive should not apply to digital content which is embedded in goods in such a way that it operates as an integral part of the goods and its functions are subordinate to the main functionalities of the goods. _________________ 30_________________ 30 OJ L 304, 22.11.2011, p.64. OJ L 304, 22.11.2011, p.64.
Amendment 245 #
Proposal for a directive
Recital 27
Recital 27
(27) While data-driven services and technologies bring significant benefits, they also create some vulnerabilities. As recognised by the Digital Single Market Strategy a high level of network and information security is essential across the European Union to ensure respect of fundamental rights such as the right to privacy and personal data, to increase user confidence and strengthen their trust in the digital economy. As software becomes pervasive, qualities such as reliability, security and adaptability to evolving needs are also becoming a prime concern. It is therefore increasingly important that those data-driven services and technologies ensure that those qualities are guaranteed, to the extent that is proportionate to the role and function those technologies play. In particular, quality in terms of security and reliability is becoming an important concern for innovative, composite services that have to rely on the interconnection of diverse systems in different domains. In this context it is important to stress that security updates and upgrades are a necessary element to secure the operating software of goods such as smartphones, which require the installation of the most recent version for the lifespan of the device as soon as possible in order to be protected against exploitation by persons acting with malicious intent.
Amendment 398 #
Proposal for a directive
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
2 a. 'embedded digital content' means digital content within the meaning of this directive, which has been installed by or with the assent of the seller, producer or another person in the chain of transactions and which (i) operates as an integral part of the goods and cannot easily be de-installed by the average consumer using this type of goods; or (ii) is necessary for the conformity of the goods with the contract;
Amendment 443 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. This Directive shall apply to any contract where the supplier supplies digital content, or digital content that is embedded in goods to the consumer or undertakes to do so and, in exchange, a price is to be paid or the consumer actively provides counter- performance other than money in the form of personal data or any other data.
Amendment 588 #
Proposal for a directive
Article 6 – paragraph 3 – point 1 (new)
Article 6 – paragraph 3 – point 1 (new)
(1) If digital content shall be supplied over a fixed period of time, and that digital content is embedded in a good, the supplier of the good shall ensure that the embedded digital content remains in conformity with the contract as stipulated in paragraph 1 of this Article or is fit for the purposes within the meaning of paragraph 2 of this Article, including by updating embedded digital content, as the consumer may expect given the nature of the good and the contract, the counter- performance provided by the consumer and potential security risks