Activities of Evelyn REGNER related to 2018/0112(COD)
Legal basis opinions (0)
Amendments (18)
Amendment 46 #
Proposal for a regulation
Recital 2
Recital 2
(2) Online intermediation services can be crucial for the commercial success of undertakings who use such services to reach consumers. The growing intermediation of transactions through online intermediation services, fuelled by strong data-driven indirect network effects, lead to an increased dependence of such business users, including micro, small and medium-sized enterprises, on those services in order for them to reach consumers. Given that increasing dependence, the providers of those services often have superior bargaining power, which enables them to effectively behave unilaterally in a way that can be unfair and that can be harmful to the legitimate interests of their businesses users and, indirectly, also of consumers in the Union. It should thus be avoided that online intermediation services attain a dominant market position and undermine competition by using the power of network effects. It should also be avoided that by classifying workers as independent contractors, platforms may circumvent the requirements of labour law.
Amendment 54 #
Proposal for a regulation
Recital 8
Recital 8
(8) A wide variety of business-to- consumer commercial relations are intermediated online by providers operating multi-sided services that are essentially based on the same ecosystem- building business model. In order to capture the relevant services, online intermediation services should be defined in a precise and technologically-neutral manner. In particular, the services should consist of information society services, which are characterised by the fact that they aim to facilitate the initiating of direct transactions between business users and consumers, irrespective of whether the transactions are ultimately concluded either online, on the online portal of the provider of the online intermediation services in question or that of the business user, or offline. In addition, the services should be provided on the basis of contractual relationships both between the providers and business users and between the providers and the consumers. Such a contractual relationship should be deemed to exist where both parties concerned express their intention to be bound in an unequivocal and verifiable manner, without an express written agreement necessarily being required. For the purpose of this Regulation, such a contractual relationship should also be deemed to exist where personal data or other data is provided as counter performance other than money. This shall encompass situations where the provider of a service requests and the end-user actively provides personal data, such as name or email address, or other data directly or indirectly, to the provider. It should also encompass situations where the provider collects information without the end-user actively supplying it, such as personal data, including the IP address, or other automatically generated information, such as information collected and transmitted by a cookie.
Amendment 93 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) It is equally important that online intermediation service providers do not engage in unfair commercial behaviour or unfair contractual terms, which have a materially detrimental impact on competition or on choice for consumers. The relative bargaining power of the online intermediary and the business user, should have no effect as to the consideration of a practice as unfair.
Amendment 96 #
Proposal for a regulation
Recital 19 b (new)
Recital 19 b (new)
(19b) Certain practices can be conclusively treated as unfair in all circumstances. The Platform Observatory should continuously review this list of practices and recommend updates to the Commission. As the market for online intermediation services evolves, the Commission should issue guidance on practices that may comprise unfair commercial practices, including the circumstances in which specified practices might be deemed unfair.
Amendment 123 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point c
Article 2 – paragraph 1 – point 2 – point c
(c) they are provided to business users on the basis of contractual relationships between, on the one hand, the provider of those services and, on the other hand, both those business users and the consumers to which those business users offer goods or services. For the purpose of this Regulation, such a contractual relationship should also be deemed to exist where personal data or other data is provided as counter performance other than money;
Amendment 187 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Providers of online intermediation services shall set out in their terms and conditions the main parameters determining ranking and the reasons for the relative importance of those main parameters as opposed to other parameters presented to the consumer as a result of his search query on the online marketplace.
Amendment 190 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2
Article 5 – paragraph 1 – subparagraph 2
Amendment 207 #
Proposal for a regulation
Article 6 – title
Article 6 – title
Differentiated treatment and unfair commercial practices
Amendment 209 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Providers of online search engines shall set out a description of any differentiated treatment they might give in relation to, on the one hand, goods or services offered to consumers through those online search engine services by either that provider itself of any corporate website users which that provider controls and, on the other hand, other corporate website users.
Amendment 212 #
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. The description referred to in paragraph 1 and 2 shall cover at least, where applicable, any differentiated treatment through specific measures taken by, or the behaviour of, the provider of the online intermediation services or the provider of online search engines, relating to any of the following:
Amendment 222 #
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. Providers of online intermediation services that provide, directly or indirectly through businesses under their control, goods or services to consumers that compete with those provided by its business users, shall allow consumers to freely choose which good or service to use as default when using the online intermediation service.
Amendment 224 #
Proposal for a regulation
Article 6 – paragraph 2 b (new)
Article 6 – paragraph 2 b (new)
2b. An online intermediation service shall not engage in an unfair commercial practice. A practice shall constitute an unfair commercial practice if the practice leads to situations where there is a materially detrimental impact on competition and consumer choice. In assessing whether a trading practice is unfair, account shall be taken of the following factors: (a) the market position of the online intermediary and the business user; and (b) whether there is a significant imbalance in the parties’ negotiating abilities which results in the online intermediary imposing an unreasonable burden on the business user in its terms and conditions or its commercial practices. Annex I contains a list of those commercial practices which shall in all circumstances be regarded as unfair. The same list shall apply in all Member States and be reviewed by the Platform Observatory who shall provide recommendations to the Commission on further commercial practices which are unfair under this Article.
Amendment 238 #
Proposal for a regulation
Article 7 – paragraph 2 e (new)
Article 7 – paragraph 2 e (new)
2e. Providers of online intermediation services shall, upon request from a consumer of its services, grant access to the personal or other data, or both, generated directly or indirectly by the activity of the consumer, to a third party designated by the consumer. Such access shall be granted under fair, reasonable and non-discriminatory terms.
Amendment 240 #
Proposal for a regulation
Article 7 – paragraph 2 g (new)
Article 7 – paragraph 2 g (new)
2g. Providers of online intermediation services shall enable the transfer of reputation systems such as rankings and reviews of their business users and be held liable for damages if a supplier suffers a reputational loss as a consequence of insufficient data security.
Amendment 320 #
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13a Competent authorities and enforcement 1. Each Member State shall designate a competent authority at national level, which shall be responsible for monitoring and enforcing compliance with this Regulation and have the following powers: (a) to initiate and conduct investigations on its own initiative or based on a complaint; (b) to require online intermediaries and providers of online search engines to provide all necessary information in order to carry out investigations; (c) to take a decision establishing an infringement of the prohibitions laid down in this Regulation and require the online intermediary or online search engine provider to cease the infringement; (d) to impose a pecuniary fine on the provider. The fine shall be effective, proportionate and dissuasive taking into account the nature, duration and gravity of the infringement; and (e) to publish its decisions and report annually on its activities under this Regulation. 2. A business user, corporate website user or an organisation or association which meets the first three requirements of paragraph 2 of article 12 may address a complaint to the competent authority of the relevant Member State. The competent authority shall ensure, if so requested by the complainant, the confidentiality of the identity of the complainant and any other information, in respect of which the complainant considers disclosure harmful to its interests. The complainant shall identify such information in a possible request for confidentiality. 3. Member States shall ensure that competent authorities cooperate effectively with each other and provide each other mutual assistance in investigations that have a cross-border dimension. 4. Competent authorities and national competition authorities, were these do not coincide, shall provide each other with the information necessary for the application of the provisions of this Regulation. In respect of the information exchanged, the receiving authority shall ensure the same level of confidentiality as the originating authority.
Amendment 324 #
Proposal for a regulation
Article 13 b (new)
Article 13 b (new)
Article 13b Information required from online intermediaries 1. Member States shall ensure that online intermediaries provide all the information necessary for competent authorities to monitor and enforce compliance with the provisions of this Regulation, to assist the Commission in drawing up Guidelines as set out in Article 6 and to support the role of the Observatory in completing its tasks, set out in Article 2 of the Commission Decision of 26.4.2018 on setting up the group of experts for the Observatory on the Online Platform Economy. 2. Such information requirements shall include: (a) the main parameters determining ranking of offers and their relative importance presented to the consumer as result of his search query; (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 intermediary service provider; (c) whether consumer rights stemming from Union consumer legislation apply or not to the contract concluded; (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 intermediary service provider may have or may assume with regard to specific elements of the contract; and (e) 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 and liability rules for contracts concluded on online marketplaces. 3. Undertakings shall provide such information promptly upon request and in conformity with the timescales and level of detail required. The information requested shall be proportionate to the performance of that task. The competent authority shall give the reasons justifying its request for information. 4. Where information is considered confidential by a competent authority in accordance with Union and national rules on business confidentiality or the protection of personal data, the competent authorities concerned shall ensure such confidentiality.
Amendment 325 #
Proposal for a regulation
Article 13 c (new)
Article 13 c (new)
Article 13c Liability rules Online intermediation services and not business users should be held liable for misleading information that business users have given to online intermediation services, if the business users have notified the online intermediation service about the misleading nature of the information provided. Online intermediation services should also be liable if they are the authors of misleading statements regarding the business users or the goods and services offered by the business users.
Amendment 329 #
Proposal for a regulation
Annex I (new)
Annex I (new)