30 Amendments of Eva MAYDELL related to 2018/0112(COD)
Amendment 96 #
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 ofe 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.
Amendment 109 #
Proposal for a regulation
Recital 9
Recital 9
(9) Examples of online intermediation services covered by this Regulation should consequently include online e-commerce market places, including collaborative ones on which business users are active, online software applications services and online social media services. However, this Regulation should not apply to online advertising serving tools or online advertising exchanges, or where the user- generated content is dominant, which are not provided with the aim of facilitating the initiation ofng direct transactions and which do not involve a contractual relationship with consumers. This Regulation should also not apply to online payment services, since they do not themselves meet the applicable requirements but are rather inherently auxiliary to the transaction for the supply of goods and services to the consumers concerned.
Amendment 251 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b
Article 2 – paragraph 1 – point 2 – point b
(b) they allowir primary purpose is to enable business users to offer goods or services to consumers, with a view to facilitating theby initiating of direct transactions between those business users and consumers, irrespective on the online portal of wthere those transactions are ultimately concluded provider of the online intermediation services in question or by direct link to that of the business user;
Amendment 292 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) are drafted in clear and unambiguousintelligible language;
Amendment 301 #
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) set out the objective grounds for decisions to suspend or terminate, in whole or in part, the provision of their online intermediation services to business users.
Amendment 314 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Terms and conditions, or specific provisions thereof, which do not comply with the requirements of paragraph 1 shall not be binding on the business user concernebe null and void where such non- compliance is established by a competent court.
Amendment 325 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1
Article 3 – paragraph 3 – subparagraph 1
Providers of online intermediation services shall notify to the business users concerned any envisaged modification of their terms and conditions, in the instances where modifications are to affect them in a substantive and negative manner.
Amendment 350 #
Proposal for a regulation
Article 3 – paragraph 5 – subparagraph 1 (new)
Article 3 – paragraph 5 – subparagraph 1 (new)
5a. Without prejudice to EU and national rules concerning illegal content, if the terms and conditions have been modified in order to protect the legitimate interest of the consumers or of the provider of online intermediation services, in response to practices that can cause immediate harm to consumers, intermediary service providers or providers of operating systems shall apply a 15 days’ notice period for application of the new terms and conditions.
Amendment 376 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Provider of online intermediation services shall provide statement of reasons except when it could lead to compromising an ongoing investigation; or cause harm to any user(s) of the online intermediation service or other third parties; or the provider ascertains that the business user concerned is a repeat infringer.
Amendment 379 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4a Article 4.1 shall not apply where a provider of online intermediation services is subject to a legal obligation to sanction, suspend, or terminate, in whole or in part, the provision of its online intermediation services to a given business, or does so in order to fight against illicit content. In such cases, the business user shall be notified without undue delay.
Amendment 385 #
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 parameterswithout prejudice to Directive (EU) 2016/943.
Amendment 408 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Providers of online search engines shall set out for corporate website users the main parameters determining ranking, by providing an easily and publicly available description, drafted in clear and unambiguousintelligible language on the online search engines of those providers. They shall keep that description up to date.
Amendment 426 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Providers of online intermediation services and providers of online search engines shall, when complying with the requirements of this Article, not be required to disclose any trade secrets as defined in Article 2(1) of Directive (EU) 2016/943.:
Amendment 435 #
Proposal for a regulation
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. Not be required to disclose any trade secrets as defined in Article 2(1) of Directive (EU) 2016/943.
Amendment 439 #
Proposal for a regulation
Article 5 – paragraph 4 b (new)
Article 5 – paragraph 4 b (new)
4b. Not be required to disclose any other information, which may facilitate manipulation of results or mislead the consumer.
Amendment 441 #
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5a Providers of online search engines shall apply fair treatment and ranking criteria on a non-discriminatory basis to all corporate website users, including to corporate website users that a provider controls directly or indirectly. In particular, the same underlying processes and methods for the positioning and display in the general search results pages shall be applied. Those include all elements that have an impact on the visibility, triggering, ranking or graphical format of a search result in the providers’ general search results pages.
Amendment 447 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Providers of online intermediation services shall include in their terms and conditions or make available to business users a description of any differentiated treatment which they give, or may give, in relation to, on the one hand, goods or services offered to consumers through those online intermediation services by either that provider itself or any business users which that provider controls and, on the other hand, other business users.
Amendment 473 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 (new)
Article 6 – paragraph 2 – subparagraph 1 (new)
3. To the extent a provider of online intermediation services, or of operating systems or any business user which that provider controls, offers goods or services that compete with those offered by other business users, the provider shall apply fair treatment to those other business users in such a way that it does not materially impair those business users’ ability to do business.
Amendment 544 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 603 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
Providers of online intermediation services shall identify in their terms and conditions one or more mediators with which they are willing to engage to attempt to reach an agreement with business users on the settlement, out of court, of any disputes between the provider and the business user arising in relation to the provision of the online intermediation services concerned, including complaints that cases in which such disputes could not be resolved by means of the internal complaint-handling system referred to in Article 9.
Amendment 622 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Providers of online intermediation services and business users shall engage in good faith in any attempt to reach an agreement through the mediation of any of the mediators which they identified in accordance with paragraph 1, with a view to reaching an agreement on the settlement of the dispute.
Amendment 629 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Providers of online intermediation services shall bear a reasonable proportion of the total costs of mediation in each individual case. A reasonable proportion of those total costs shall be determined, on the basis of a suggestion by the mediator, by taking into account all relevant elements of the case at hand, in particular the relative merits of the claims of the parties to the dispute, the conduct of the parties, as well as the size and financial strength of the parties relative to one another. However, providers of online intermediation services shall in any case bear at least half of the total cost.
Amendment 637 #
Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 1 (new)
Article 10 – paragraph 4 – subparagraph 1 (new)
Should the mediator find that the business user is acting in bad faith or is seeking to abuse the mediation process, it can decide to make the business user bear more than half of the total cost.
Amendment 666 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – introductory part
Article 12 – paragraph 2 – subparagraph 1 – introductory part
Organisations or associations shall have the right referred to in paragraph 1 only where, at the time of bringing the action and while its duration, they meet all of the following requirements:
Amendment 667 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point a
Article 12 – paragraph 2 – subparagraph 1 – point a
(a) they are properly constituted and obtain relevant status according to the law of a Member State, which allows an organisation or an association to bring an action;
Amendment 671 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point b
Article 12 – paragraph 2 – subparagraph 1 – point b
(b) they pursue objectives that are in the collective interest of the group of a majority of business users or corporate website users that they represent;, and a majority of business users or corporate website users gave their explicit consent to bringing the action.
Amendment 676 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point b a (new)
Article 12 – paragraph 2 – subparagraph 1 – point b a (new)
(ba) they represent small enterprises within the meaning of Article 2 (2) of the Annex to recommendation 2003/361/EC
Amendment 678 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point c
Article 12 – paragraph 2 – subparagraph 1 – point c
(c) they are of a non-profit making character and transparent about the funding, which needs to be sufficient to bring an action and support consequential proceedings.
Amendment 689 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2 a (new)
Article 12 – paragraph 2 – subparagraph 2 a (new)
Member States shall regularly assess whether an organisation or an association continues to comply with the criteria set out in this paragraph. Member States shall ensure that the qualified entity loses its status under this Regulation if it no longer complies with one or more of the criteria listed in this Article.
Amendment 725 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. It shall apply from [date: sixtwelve months following the day of its publication].