33 Amendments of Sylvie GUILLAUME related to 2020/2018(INL)
Amendment 3 #
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
- having regard to the Commission recommendation (EU) 2018/334 of 1 March 2018 on measures to effectively tackle illegal content online,1a __________________ 1a OJ L 63, 6.3.2018, p. 50
Amendment 20 #
Motion for a resolution
Recital A
Recital A
A. whereas e-commerce influences the everyday lives of people, workers, businesses and consumers in the Union, and when operated in a fair and regulated level playing field, may contribute positively to unlocking the potential of the Digital Single Market, enhance consumer trust and provide newcomers, and in particular micro, small and medium enterprises, with new market opportunities for sustainable growth and jobs;
Amendment 45 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas services provided by online platforms at no monetary cost to consumers are nevertheless ultimately funded through online advertising designed to maximise the amount of user attention dedicated to the platform and to keep users as much time as possible on the platform itself; whereas there is a need to depart from the current purely “advertisement-centric” model to an approach where the focus is on the interest of citizens in accessing and sharing of high quality contents, the interest of consumers to broaden their choices and opportunities, and the interest of advertisers in broadening their audience and customer base;
Amendment 113 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Takes the view that a level playing field in the internal market between the platform economy and the "traditional" offline economy, based on the same rights and obligations for all interested parties - consumers and businesses - is needed; considers that social protection and the full access to and respect of fundamental and social rights ofor all workers, especially of platform or collaborative economy workers should be properly addressed in a specific instrument, accompanying should be ensured, especially of non-standard workers, including platform or collaborative economy workers; considers necessary that these conditions and the obligations of digital labour platforms as employers be properly addressed and guaranteed in a specific binding legal instrument, to be presented at the same time of the future regulatory framework; of the Digital Services Act;
Amendment 116 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Takes the view that a level playing field in the internal market between the platform economy and the "traditional" offline economy, based on the same rights and obligations for all interested parties - consumers and businesses - is needed; considersstresses that platforms must have the same employer status as traditional companies and that social protection and social rights of workers, especially of platform or collaborative economy workers shouldneeds to be properly addressed in a specific instrument, accompanying the future regulatory framework; recalls that such a specific instrument needs to be ready before the Digital Services Act enters into force;
Amendment 119 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Takes the view that a level playing field in the internal market between the platform economy and the "traditional" offline economy, in line with existing competition law and maintaining the principle of "what is illegal offline is illegal online", based on the same rights and obligations for all interested parties - consumers and businesses - is needed; considers that social protection and social rights of workers, especially of platform or collaborative economy workers should be properly addressed in a specific instrument, accompanying the future regulatory framework;
Amendment 128 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. The legal instrument should end the misclassification of workers that deprives them of their rights, a worker should be presumed to be employed until proven otherwise; it should also ensure fair working conditions, health and safety at the workplace and full social protection for non-standard workers; the rights to bargain collectively and to take collective action must not be restricted and collective agreements covering non- standard workers and platform workers (including the self-employed) should be considered to fall outside the scope of Article 101 TFEU;
Amendment 186 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that the Digital Services Act should achieve the right balance between the internal market freedoms andensure the full respect of the fundamental rights and principles set out in the Charter of Fundamental Rights of the European Union, including the rights for workers in digital labour platforms to information and consultation within the fundamental rights and principles set out in theertaking, of collective bargaining and action and of fair and just working conditions, the European Social Charter, the Community Charter of Fundamental Social Rights of the European UnWorkers, the relevant international human right instruments, including ILO Conventions;
Amendment 202 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that the COVID-19 pandemic has shown how vulnerable EU consumers are to misleading trading practices by dishonest traders selling fake or illegalcounterfeit or unsafe products online that are not compliant with Union safety rules or imposing unjustified and abusive price increases or other unfair conditions on consumers;
Amendment 268 #
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Considers that intermediaries whose interventions may affect users fundamental freedoms should be maximally protected from liability while intermediaries that enable commercial transactions, including advertising, should be subject to a stronger obligation to take active care in order to protect consumers and provide security and trust;
Amendment 280 #
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Deems necessary to ensure an approach based on social dialogue and effective information and consultation of workers in introducing and monitoring AI technologies and solutions, in particular with regard to the use of algorithms; the ‘human in command principle’ must be respected, inter alia, to prevent the rise of health and safety risks, alienating tasks, discrimination, undue surveillance, and abuses in management and HR processes;
Amendment 333 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Considers that voluntary actions and self-regulation by online platforms across Europe have brought some benefits, but strong additional measures are needed in order to ensure the swift detection and removal of illegal content online; stresses that voluntary actions and self-regulation by online platforms are not the appropriate way to find a solution for a fair level playing field;
Amendment 365 #
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
Amendment 393 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Notes that while online platforms, such as online market places, have benefited both retailers and consumers by improving choice and lowering prices, at the same time, they have allowed sellers, in particular from third countries, to offer products which often do not comply with Union rules and standards on product safety and do not sufficiently guarantee consumer rights; stresses that fraudulent practices, such as fake shops, fraud by advance payment or phishing often lead to financial damages for consumers;
Amendment 396 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Notes that while online platforms, such as online market places, have benefited both retailers and consumers by improving choice and lowering prices, at the same time, they have allowed sellers, in particular from third countries, to offer products which often do not comply with Union rules on product safety or are counterfeit and do not sufficiently guarantee consumer rights;
Amendment 404 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. SCalls on the Commission to address issues related to online marketplaces in the Digital Services Act and asks for a thorough analysis of the interaction between the Digital Services Act and the Union product safety and chemicals legislation; stresses that it is unacceptable that Union consumers are exposed to illegal and unsafe products, containing dangerous chemicals, as well as other safety hazards;
Amendment 410 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Stresses that it is unacceptable that Union consumers are exposed to illegal, counterfeit and unsafe products, containing dangerous chemicals, as well as other safety hazards;
Amendment 416 #
Motion for a resolution
Paragraph 26
Paragraph 26
26. CStresses the importance of the rules of the Regulation (EU) 2019/1020 on market surveillance and compliance of products about liability and conformity of products imported from third countries; calls on the Commission to remedy the current further legal loophole which allows suppliers established outside the Union to sell products online to European consumers which do not comply with Union rules on safety and consumer protection, without being sanctioned or liable for their actions and leaving consumers with no legal means to enforce their rights or being compensated by any damages;
Amendment 481 #
Motion for a resolution
Paragraph 30
Paragraph 30
30. Considers that a central regulatory authority should be established which should be responsible for the oversight and compliance with the Digital Services Act and have supplementary powers to tackle cross-border issues; it should be entrusted with the appropriate investigation and enforcement powers needed to act and to promote cooperation between Member States in compliance with their respective national legislation;
Amendment 554 #
Motion for a resolution
Annex I – part II – paragraph 2
Annex I – part II – paragraph 2
The territorial scope of the future Digital Services Act should be extended to cover also the activities of companies and service providers established in third countries, when they offer services or goods to consumers or users in the Union; for online marketplaces, such a provision should be complemented by an obligation for platforms to check whether suppliers from outside the EU which target European consumers either have set up a branch in the EU or have appointed a person responsible in the EU; if the trader does not meet this obligation and the platform is proven to have failed to verify compliance of this obligation, the platform should be liable for damages and guarantees, without prejudice to the possibility to seek redress to the trader a posteriori;
Amendment 597 #
Motion for a resolution
Annex I – part III – paragraph 1 – indent 5
Annex I – part III – paragraph 1 – indent 5
- define “systemic operator” by establishing a set of clear economic indicators that allow regulatory authorities to identify platforms with a “gatekeeper” role playing a systemic role in the online economy; such indicators could include considerations such as whether the undertaking is active to a significant extent on multi-sided markets, the size of its network (number of users), its financial strength, access to data, vertical integration, the importance of its activity for third parties’ access to supply and markets, etc.
Amendment 620 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 2 a (new)
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 2 a (new)
- The provisions of Article 5 of the E-Commerce Directive should be further modernised by requiring traders to provide consumers with direct and efficient means of communication such as electronic contact forms, chatbots, instant messaging or telephone callback, provided that the information relating to those means of communication is accessible to consumers in a clear and comprehensible manner.
Amendment 668 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3
Annex I – part IV – paragraph 1 – subheading 4 – indent 3
- establish the principle of safety and security by default; as well as diversity “by- design”.
Amendment 670 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 a (new)
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 a (new)
- develop a European framework on artificial intelligence in the area of ecommerce and digital services based on fairness, accuracy, confidentiality and transparency.
Amendment 673 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 b (new)
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 b (new)
- with regard to accountability of algorithms used for targeted advertising, introduce fairness criteria for ad optimisation, and allow for external audits and verification of algorithmic design choices that involve information about individuals.
Amendment 675 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 c (new)
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 c (new)
- ascertain effective and efficient rights, institutions and procedures for AI developers to certify the reliability of their models and to properly address and exploit the impact of upcoming technological developments.
Amendment 677 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 d (new)
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 d (new)
- ensure an approach social dialogue and effective information and consultation of workers before introducing AI technologies and solutions which have impacts on working and employment conditions, in particular with regard to the use of algorithms;
Amendment 679 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 e (new)
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 e (new)
- guarantee the respect of the ‘human in command principle and ensure the protection of data and privacy of workers at work, reinforcing the GDPR rules at the workplace;
Amendment 791 #
Motion for a resolution
Annex I – part V – paragraph 4
Annex I – part V – paragraph 4
The Digital Services Act should protecteserve and upholdgrade the current limited exemptions from secondary liability for information society service providers (online intermediaries) provided for in Article 12, 13, and 14 of the current E-Commerce Directiveability regime provided for in Article 12, 13, and 14 of the current E-Commerce Directive; Without prejudice to Article 6a (d) of the Directive (EU) 2019/2161, the Digital Services Act should set up a special liability regime for online marketplaces, including those services which allow the conclusion of a distance contract between a trader and a consumer via advertisements, digital comparison, reputation or other advisory services.
Amendment 821 #
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 5
Annex I – part VI – paragraph 2 – indent 5
- once products have been identified as unsafe and/or counterfeit by the Union’s rapid alert systems or by consumer protection authorities, it should be compulsory to remove products from the marketplace within 24 hours and measures should be taken to prevent their reappearance on the marketplace;
Amendment 843 #
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 9
Annex I – part VI – paragraph 2 – indent 9
- explore expanding the commitment made by some e-commerce retailers and the Commission to respectively remove dangerous or counterfeit products from sale more rapidly under the voluntary commitment schemes called “Product Safety Pledge” and "Memorandum of Understanding on the sale of counterfeit goods via the internet" and indicate which of those commitments could become mandatory.
Amendment 888 #
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 6 a (new)
Annex I – part VII – paragraph 2 – indent 6 a (new)
- ensure safety, transparency, freedom of choice and diversity for consumers.
Amendment 909 #
Motion for a resolution
Annex I – part VIII – paragraph 4 a (new)
Annex I – part VIII – paragraph 4 a (new)
To this extend, the central regulatory authority should be entrusted with the necessary supervision, monitoring and enforcement power needed to promote cross-border cooperation between Member States with respect to their respective national legal provisions.