2016/2276(INI) Online platforms and the digital single market
Lead committee dossier:
Progress: Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Joint Responsible Committee | ['ITRE', 'IMCO'] |
JUVIN Philippe ( PPE),
VIRKKUNEN Henna ( PPE)
|
BLANCO LÓPEZ José ( S&D),
GUTIÉRREZ PRIETO Sergio ( S&D),
DALTON Daniel ( ECR),
VAN BOSSUYT Anneleen ( ECR),
KALLAS Kaja ( ALDE),
MLINAR Angelika ( ALDE),
REDA Felix ( Verts/ALE),
REIMON Michel ( Verts/ALE),
BORRELLI David ( EFDD),
ZULLO Marco ( EFDD)
|
| Committee Opinion | EMPL | ||
| Committee Opinion | REGI | ||
| Committee Opinion | JURI |
LE GRIP Constance ( PPE)
|
Lead committee dossier:
Legal Basis:
RoP 54, RoP 58
Legal Basis:
RoP 54, RoP 58Subjects
Events
2017/11/20
EC - Commission response to text adopted in plenary
Documents
2017/06/15
EP - Results of vote in Parliament
Documents
2017/06/15
EP - Decision by Parliament
Details
The European Parliament adopted by 393 votes to 146 with 74 abstentions a resolution on online platforms and the digital single market.
Members considered that e-platforms are beneficial to the digital economy and to today's society because they offer consumers a wider range of choices and create new markets. However, they posed new policy and regulatory challenges.
Although many EU policies also apply to online platforms, in some cases the legislation is not correctly applied or interpreted differently across the Member States. In this regard, Members called for an effective and attractive regulatory environmen t to help develop digital and online activities in Europe.
Definition of platforms: Parliament agreed that one single EU definition or ‘one size fits all’ approach would not help the EU succeed in the platform economy due to the wide variety of platform types and their areas of activity, as well as the rapidly changing environment of the digital world.
However, MEPs are aware of the importance of avoiding the fragmentation of the EU's internal market as well as of the need to provide certainty and a level playing field for both businesses and consumers.
They therefore suggested that e-platforms should be distinguished and defined in the relevant sectoral legislation at EU level according to their characteristics, classifications and principles and following a problem-driven approach. They called on the Commission to propose, where appropriate, regulatory or other measures based on a thorough impact assessment.
Parliament believed that a clear distinction should be drawn between B2C and B2B platforms
in light of the emerging B2B online platforms which are key to the development of the industrial internet, such as cloud-based services or data-sharing platforms enabling communication between internet of things (IoT) products. The Commission should address barriers in the single market that hinder the growth of these platforms.
A level playing field: the resolution stressed the importance of fair and effective competition between online platforms in order to promote consumer choice and to avoid the creation of monopolies or dominant positions that distort markets. Network neutrality and equitable and non-discriminatory access to online platforms is a prerequisite for innovation and a truly competitive market.
Members urge the Commission to prioritise actions that allow European start-ups and online platforms to emerge and scale up.
Clarifying intermediaries' liability: Parliament noted that the current limited liability regime for intermediaries was one of the issues raised by some stakeholders and needed to be clarified. It stressed the following points:
the Commission should provide guidance to enable online platforms to comply with their responsibilities, improve legal certainty and increase user confidence; platforms should strengthen measures to combat illegal and harmful online content : Members welcomed the Commission's intention to propose measures for video sharing platforms to protect and remove content related to hate speech; liability rules for on-line platforms should address issues related to illegal content and goods : the Commission should define and clarify notification and withdrawal procedures to combat such content; platforms should provide users with tools to report false news so that other users are informed: the Commission should analyse the possibility of legislative intervention to limit the spread of false content.
In addition, Members stressed the need to:
set up online platforms to combat illegal goods and content and unfair practices (for example, resale of entertainment tickets at exorbitant prices) through regulatory measures supplemented by regulatory measures, (e.g. to identify repeat offenders, or by setting up specialised content moderation teams and tracing dangerous products) or hybrid measures; ensure compliance with the General Data Protection Regulation and the Directive on Network and Information Security, underlining the need to inform users of the exact nature of the data collected and the ways they will be used.
Informing and empowering citizens and consumers: the resolution underlined that the internet of the future cannot succeed without users’ trust in online platforms. Online platforms should offer customers clear, comprehensive and fair terms and conditions and ensure user-friendly ways of presenting their terms and conditions, processing of data, legal and commercial guarantees and possible costs, while avoiding complex terminology.
Lastly, Members called for an assessment of current legislation and self-regulatory mechanisms to determine whether they provide adequate protection for users, consumers and businesses in the context of a growing number of complaints and investigations initiated by the Commission concerning several platforms.
Documents
2017/06/15
EP - End of procedure in Parliament
2017/06/14
EP - Debate in Parliament
Documents
2017/06/09
CSL - Debate in Council
Documents
2017/06/09
CSL - Council Meeting
2017/05/31
EP - Committee report tabled for plenary
Details
The Committee on Industry, Research and Energy and the Committee on the Internal Market and Consumer Protection adopted an own-initiative report by Henna VIRKKUNEN (EPP, FI) and Philippe JUVIN (EPP, FR) on online platforms and the digital single market.
The report has been adopted pursuant to Rule 55 of the Rules of Procedure of the European Parliament (Joint committee meetings).
Members noted that the evolving development and use of internet platforms for a wide set of activities, including commercial activities and sharing goods and services, have changed the ways in which users and companies interact with content providers, traders and other individuals offering goods and services.
However, online platforms present new policy and regulatory challenges.
While welcoming the different initiatives already proposed under the Digital Single Market Strategy for Europe, Members stressed the importance of coordination and consistency between these initiatives. Although many EU policies also apply to online platforms, in some cases the legislation is not enforced properly or is interpreted in a different manner in the Member States. In this respect, Members called for an effective and attractive regulatory environment for the development of online and digital business in Europe.
Definition of platforms : the report stated that one single EU definition or ‘one size fits all’ approach would not help the EU succeed in the platform economy due to factors such as the great variety of types of existing online platforms and their areas of activity, as well as the fast-changing environment of the digital world.
Members are aware of the importance of avoiding the fragmentation of the EU internal market which could occur through a proliferation of regional or national rules and definitions, as well as of the need to provide certainty and a level playing field for both businesses and consumers.
Therefore, they called for online platforms to be distinguished and defined in relevant sector-specific legislation at EU level according to their characteristics, classifications and principles and following a problem-driven approach.
The report welcomed the Commission's ongoing work on online platforms, including consultations of stakeholders and carrying out an impact assessment. It called on it to propose, if necessary, regulatory or other measures based on this in-depth analysis.
Members considered that a clear difference should be made between B2C and B2B platforms, in light of the emerging B2B online platforms which are key to the development of the industrial internet, such as cloud-based services or data-sharing platforms enabling communication between internet of things (IoT) products. The Commission should address the barriers in the single market that are hindering the growth of such platforms.
Fair competition : the report stressed the importance of fair and effective competition between online platforms in order to promote consumer choice and avoid the creation of monopolies or dominant positions that distort markets. There is a need for net neutrality and fair and non-discriminatory access to online platforms as a prerequisite for innovation and a truly competitive market. The Commission is urged to streamline the funding schemes for related initiatives facilitating the digitisation process.
Clarifying the liability of intermediaries : the report noted that the current EU intermediary limited liability regime is one of the issues raised by certain stakeholders and that it should be further clarified. Guidance is needed from the Commission on the implementation of the intermediary liability framework in order to allow online platforms to comply with their responsibilities and the rules on liability, enhance legal certainty, and increase user confidence.
The Commission is called on to develop further steps to that effect, recalling that platforms not playing a neutral role as defined in the e-commerce Directive cannot claim liability exemption.
Members urged online platforms to strengthen measures to tackle illegal and harmful content online and welcomed the Commission's intention to propose measures for video-sharing platforms in order to protect minors and for taking down content related to hate speech.
They considered that the liability rules for online platforms should allow the tackling of issues related to illegal content and goods in an efficient manner, for instance by applying due diligence while maintaining a balanced and innovation-friendly approach.
They also stressed the importance of taking action against the dissemination of fake news and called on the online platforms to provide users with tools to denounce fake news in such a way that other users can be informed that the veracity of the content has been contested.
The Commission is called on to analyse in depth the current situation and legal framework with regard to fake news, and to verify the possibility of legislative intervention to limit the dissemination and spreading of fake content.
Moreover, Members stressed the need for online platforms to combat illegal goods and content and unfair practices (e.g. the reselling of entertainment tickets at extortionate prices), through regulatory measures complemented by effective self-regulatory measures (e.g. through clear terms of use and appropriate mechanisms to identify repeat offenders, or by setting up specialised content moderation teams and tracing dangerous products) or hybrid measures.
As regards data ownership , the report noted that compliance with the General Data Protection Regulation (GDPR) and the Network and Information Security (NIS) Directive is essential. There is a need to inform users of the exact nature of the data collected and the ways it will be used.
Informing and empowering citizens and consumers : the report underlined that the internet of the future cannot succeed without users' trust in online platforms. Online platforms are encouraged to offer customers clear, comprehensive and fair terms and conditions and ensure user-friendly ways of presenting their terms and conditions, processing of data, legal and commercial guarantees and possible costs.
Lastly, Members called for an assessment of current legislation and self-regulation mechanisms in order to determine whether they provide adequate protection to users, consumers and businesses, against the backdrop of an increasing number of complaints and the investigations opened by the Commission into several platforms.
Documents
2017/05/18
EP - Vote in committee
2017/05/08
EP - Committee opinion
Documents
2017/02/16
EP - LE GRIP Constance (PPE) appointed as rapporteur in JURI
2016/11/24
EP - Committee referral announced in Parliament
2016/11/24
EP - Referral to joint committee announced in Parliament
2016/10/02
DE_BUNDESRAT - Contribution
Documents
2016/09/26
RO_CHAMBER - Contribution
Documents
2016/06/17
EP - JUVIN Philippe (PPE) appointed as rapporteur in ['ITRE', 'IMCO']
2016/06/17
EP - VIRKKUNEN Henna (PPE) appointed as rapporteur in ['ITRE', 'IMCO']
2016/05/26
EC - Document attached to the procedure
Documents
2016/05/25
EC - Non-legislative basic document published
Details
PURPOSE: to present a targeted approach in order to respond to questions related to online platforms.
BACKGROUND: in its communication setting out a strategy for the digital single market , the Commission committed itself to undertaking a comprehensive assessment of the role of platforms, including in the sharing economy, and of online intermediaries.
Online platforms play a key role in innovation and growth in the Digital Single Market. They have revolutionised access to information and have connected buyers and sellers in a better and more efficient way. The growing importance of the digital economy linked with the diversity and fast changing nature of platform ecosystems also raise new policy and regulatory challenges.
A number of globally competitive platforms originated in Europe, for example Skyscanner and BlaBlaCar . However, on the whole, the EU currently represents only 4% of the total market capitalisation of the largest online platforms: the vast majority of platforms originate in the US and Asia.
Creating the right framework conditions and the right environment is essential to retain, grow and foster the emergence of new online platforms in Europe.
CONTENT: based on the results of a wide-ranging public consultation, the Commission Communication: (i) outlines the key issues identified in the assessment of online platforms; (ii) presents the Commission’s position on both the innovation opportunities and the regulatory challenges presented by online platforms, and sets out its approach to supporting their further development in Europe.
This communication underlines the need to adopt policy and regulatory approaches that respond directly to the challenges, and which are flexible and future-proof. Where appropriate, self-regulation and co-regulation can often achieve better outcomes for enabling the development of strong platform ecosystems in Europe and can complement or reinforce the existing legislation that already governs certain activities of online platforms.
As a general rule, when elaborating responses to issues related to online platforms, the Commission will take the following principles into account:
1) A level playing field for comparable digital services: many online platforms have challenged conventional business models. Yet these new services are not subject to the same rules as traditional telecommunications services.
As a general principle , comparable digital services should be subject to the same or similar rules, duly considering opportunities for reducing the scope and extent of existing regulation. To achieve a level playing field, there may be a need to simplify, modernise and lighten existing regulation, but avoid imposing a disproportionate burden on new as well as traditional business models.
The Commission will apply these principles to the current reviews of the EU telecoms rules and as part of the review of the ePrivacy Directive in 2016, for example when it reviews rules relating to confidentiality regarding OTT online communications services.
(2) Responsible behaviour of online platforms : compared with 2010, children aged 11 to 16 are now up to 20% more likely to be exposed to hate messages. Children are also more easily exposed to adult material online, often with unrestricted access. As of July 2015, more than 400 hours of video content was uploaded to YouTube every minute. Rights holders across several content sectors claimed that their content is used by some online platforms without authorisation.
The dialogue with IT companies towards a code of conduct on illegal hate speech online, the EU Internet Forum on terrorism content and the CEO Coalition to make the internet a better place for children are important examples of multi-stakeholder engagement processes aimed at finding common solutions to voluntarily detect and fight illegal or harmful material online.
The Commission will maintain the existing intermediary liability regime . It intends to:
suggest, in its proposal for an updated Audio-visual Media Services Directive, that video sharing platforms put in place measures to protect minors from harmful content and to protect everyone from incitement to hatred; achieve, in the next copyright package, a fairer allocation of value generated by the online distribution of copyright protected content; encourage coordinated EU-wide self regulatory efforts by online platforms; explore the need for guidance on the liability of online platforms when putting in place voluntary, good-faith measures to fight illegal content online; review the need for formal notice-and-action procedures.
3) Confidence, transparency and fairness : a 2016 Eurobarometer survey on online platforms showed that 72% of responding consumers were concerned about the data collected about them or their activities. Over 75% of respondents among the general public consider that more transparency is needed, in particular on how platform remuneration influences the listing of search engine results, on identification of the actual supplier of services or products, and on possible misleading practices including fake reviews.
Commission action will focus on:
a legislative proposal revising the Regulation on Consumer Protection Cooperation , to facilitate more efficient enforcement of EU consumer law in cross-border situations; the review of the guidance on the Unfair Commercial Practices Directive , an update of existing consumer protection rules in relation to platforms, and monitoring the implementation of the principles for comparison tools ; encouraging online platforms to recognise other electronic identification (eID) means that offer the same reassurance as their own.
4) Safeguarding a fair and innovation-friendly business environment : the Commission will carry out a targeted fact-finding exercise on B2B practices in the online platforms environment, e.g. (voluntary) dispute resolution mechanisms, transparency and better information measures or guidance. In particular, the Commission will engage closely with stakeholders and public authorities. By spring 2017, the Commission will determine whether additional EU action is needed.
5) Keeping markets open and non-discriminatory to foster a data-driven economy : as part of the ‘free flow of data’ initiative scheduled for the end of 2016, the Commission will consider options for effective approaches, including technical standards, to facilitate switching and portability of data among different online platform and cloud computing services, both for business and private users.
The Commission considers it important to ensure that future developments of digital technologies remain open.
Documents
Documents
- Commission response to text adopted in plenary: SP(2017)574
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament: T8-0272/2017
- Debate in Parliament: Debate in Parliament
- Debate in Council: 3545
- Committee report tabled for plenary: A8-0204/2017
- Committee opinion: PE601.100
- Contribution: COM(2016)0288
- Contribution: COM(2016)0288
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2016)0172
- Non-legislative basic document published: COM(2016)0288
- Non-legislative basic document published: EUR-Lex
- Document attached to the procedure: EUR-Lex SWD(2016)0172
- Committee opinion: PE601.100
- Commission response to text adopted in plenary: SP(2017)574
- Contribution: COM(2016)0288
- Contribution: COM(2016)0288
Activities
- Momchil NEKOV
Plenary Speeches (1)
- Tibor SZANYI
Plenary Speeches (1)
Votes
A8-0204/2017 - Henna Virkkunen et Philippe Juvin - Commissions ITRE, IMCO, résolution 15/06/2017 12:27:13.000 #
2017/06/15 Outcome: +: 393, -: 146, 0: 74
GUE/NGL
NI
ENF| Amendments | Dossier |
| 543 |
2016/2276(INI)
2017/03/27
ITRE, IMCO
462 amendments...
Amendment 1 #
Motion for a resolution Citation 6 a (new) - having regard to the Commission communication of 10 January 2017 on Building a European Data Economy (COM(2017)0009) and the accompanying Commission staff working document (SWD(2017)0002),
Amendment 10 #
Motion for a resolution Recital A A. whereas digitalisation and new technologies have changed forms of communication, access to information and the behaviour of citizens, consumers and companies to participate, consume, share, invent and work;
Amendment 100 #
Motion for a resolution Paragraph 5 a (new) 5 a. Notes that a restrictive definition of online platforms could result in counterproductive effects, notably impeding innovation, restricting opportunities for SMEs and startups in Europe, and causing consumer dissatisfaction;
Amendment 101 #
Motion for a resolution Paragraph 6 6. Welcomes the Commission
Amendment 102 #
Motion for a resolution Paragraph 6 6. Welcomes the Commission’s ongoing work on online platforms, including consultations of stakeholders and carrying out an impact assessment; urges the Commission to accelerate this work in order to provide and in-depth insight on this sector and make, if needed, new regulatory proposals;
Amendment 103 #
Motion for a resolution Paragraph 6 6. Welcomes the Commission’s ongoing work on online platforms, including consultations of stakeholders and carrying out an impact assessment; notes that the results of this consultation have shown a broad support for the current framework on online platforms liability;
Amendment 104 #
Motion for a resolution Paragraph 6 6. Welcomes the Commission’s ongoing work on online platforms, including consultations of stakeholders and carrying out an impact assessment; believes that an evidence-based approach to assessing the role of online platforms is essential;
Amendment 105 #
Motion for a resolution Paragraph 6 a (new) 6 a. Appreciates the Commission's initiative to analyse the role of platforms in the Digital Economy, ensuring a comprehensive and similar approach to framework across the digital market; considers that "a one size fits all" solution may have a chilling effect on innovation and put European companies at a competitive disadvantage in the global economy;
Amendment 106 #
Motion for a resolution Paragraph 7 7. Believes that, although online platforms operate within a highly diverse range of activities, such as e-commerce, the media, search engines, communications, payment systems, labour provision, operating systems, transport, advertisement, the distribution of cultural content, the collaborative economy and social networks, certain common features which can be used to identify these entities exist nevertheless;
Amendment 107 #
Motion for a resolution Paragraph 7 7. Believes that, although online platforms operate within a highly diverse range of activities, such as e-commerce, the media, search engines, the distribution of cultural content, the collaborative economy and social networks
Amendment 108 #
Motion for a resolution Paragraph 7 7. Believes that
Amendment 109 #
Motion for a resolution Paragraph 7 7. Believes that, although online B2C platforms operate within a highly diverse range of activities, such as e-commerce, the media, search engines, the distribution of cultural content, the collaborative economy and social networks, certain common features which can be used to identify these entities exist nevertheless;
Amendment 11 #
Motion for a resolution Recital A A. whereas digitalisation and new technologies
Amendment 110 #
Motion for a resolution Paragraph 7 a (new) 7 a. Notes that online platforms can take many forms and many different approaches can be taken to identify one; notes that a platform can be identified as a business model characterized by two or more groups of customers that rely on a catalyst to facilitate a value adding interaction, in a different setting an online platform can be seen to have infrastructural elements and comprise of networks, databases and even hardware, an online platform can also be identified through the service it provides or through the group it coordinates; notes, furthermore, that a platform can be also an ecosystem of companies working to produce interconnected or independent goods and services for one another or to third parties;
Amendment 111 #
Motion for a resolution Paragraph 8 Amendment 112 #
Motion for a resolution Paragraph 8 8. Notes that certain features often characterise online platforms, such as operating in multi-sided markets, enabling parties belonging to two or more distinct user groups to enter into direct contact by electronic means, offering online services
Amendment 113 #
Motion for a resolution Paragraph 8 8. Notes that certain features often characterise online platforms, such as operating in multi-sided markets, enabling parties belonging to two or more distinct user groups to enter into direct contact by electronic means, creating an interdependence between the different types of users, offering online services based on the classification or referencing of content, goods or services proposed or put on-line by third parties, the bringing together of several parties with a view to the sale of a good, the provision of a service or the exchange or sharing of content, goods or services;
Amendment 114 #
Motion for a resolution Paragraph 8 8. Notes that
Amendment 115 #
Motion for a resolution Paragraph 8 8. Notes that certain features often characterise online platforms, such as operating in multi-sided markets, enabling parties belonging to two or more distinct user groups to enter into direct contact by electronic means, offering online services based on the classification or referencing of content using algorithms, goods or services proposed or put on-line by third parties, the bringing together of several parties with a view to the sale of a good, the provision of a service or the exchange or sharing of content, goods or services;
Amendment 116 #
Motion for a resolution Paragraph 8 8. Notes that certain features often characterise B2C online platforms, such as but not limited to operating in multi-sided markets, enabling parties belonging to two or more distinct user groups to enter into direct contact by electronic means, offering online services based on the classification or referencing of content, goods or services proposed or put on-line by third parties, the bringing together of several parties with a view to the sale of a good, the provision of a service or the exchange or sharing of content, goods or services;
Amendment 117 #
Motion for a resolution Paragraph 8 8. Notes that c
Amendment 118 #
Motion for a resolution Paragraph 8 a (new) 8 a. Considers however that a clear difference should be made between B2C and B2B platforms, in light of the emerging B2B online platforms, key to the development of the industrial internet such as cloud based services or data sharing platforms enabling communication between internet of things products; calls on the Commission to address barriers in the single market hindering the growth of such platforms, in particular by putting an end to data localisation requirements;
Amendment 119 #
Motion for a resolution Paragraph 8 a (new) 8 a. Calls on the Commission to clarify the exact legal position of platform operators and suppliers under the E- Commerce Directive and the Consumer Rights Directive, particularly with regard to triangular legal relationships between customer, supplier and platform operator as in those relationships the question arises of who has to fulfil which part of legal duties incumbent on suppliers marketing goods or services online, in particular where the customer is a consumer;
Amendment 12 #
Motion for a resolution Recital A a (new) Aa. whereas digital sovereignty is vital if Europe is to be technologically and economically independent and its citizens are to be protected against the pillaging of their data by the foreign champions of the digital industry, whether Asian or North American;
Amendment 120 #
Motion for a resolution Paragraph 8 a (new) 8 a. Calls on the Commission to advance in the establishment of certain common criteria of online platforms for classification purposes on a European Union scale which differentiates at least between those that perform a physical job or a virtual service, between those that perform a simple intermediation and those that participate in a broader way in the market, and also between commercial and non-commercial platforms;
Amendment 121 #
Motion for a resolution Paragraph 8 a (new) 8 a. Believes that an online platform is a highly contextual concept and rather than considering online platforms through an all-encompassing definition, it is more consistent within the framework of European law to consider online platforms as a collection of different legally adequate elements, which can be used to determine which legal rule shall apply;
Amendment 122 #
Motion for a resolution Paragraph 8 a (new) 8a. Emphasizes the importance of differentiating between European platforms, particularly those focusing on services for citizens and for small and medium-sized enterprises, helping to distinguish them and set a standard for the development of a technologically advanced and inclusive European digital identity;
Amendment 123 #
Motion for a resolution Paragraph 8 a (new) 8a. Notes that platforms will be able to develop their full potential only in the context of a policy of digital sovereignty;
Amendment 124 #
Motion for a resolution Paragraph 8 b (new) 8b. Emphasises that, in the context of the development of the collection and processing of big data, the raw material for platforms at global level, Europe can only be independent if it requires data to be kept in Europe, stored by bona fide European actors, and not by subsidiaries of major concerns which are subject to foreign laws, and processed by bona fide European actors;
Amendment 125 #
Motion for a resolution Paragraph 8 c (new) 8c. Emphasises that the data economy needs to be completely reorganised around the principle that items of data belong to the party who issues them, who receives fair remuneration for them and who is involved in their management;
Amendment 126 #
Motion for a resolution Subheading 3 Facilitating the sustainable growth of
Amendment 127 #
Motion for a resolution Paragraph 9 9. Notes that online platforms use the internet as a means of interaction and act as facilitators between the demand and supply sides; recalls the crucial importance of safeguarding the net neutrality guaranteeing that all internet traffic should be treated equally, without discrimination, restriction or interference, irrespective of its sender, receiver, type, content, device, service or application;
Amendment 128 #
Motion for a resolution Paragraph 9 9. Notes that online platforms use the internet as a means of interaction and act as facilitators between the demand and supply sides; notes that they also adjust the supply and demand of goods and services based on community sentiment, shared access, reputation and trust, and also incorporate comments or rating options widely;
Amendment 129 #
Motion for a resolution Paragraph 9 9. Notes that online platforms use the internet as a means of interaction and act as facilitators between the demand and supply sides, supporting thus SMEs and other economic operators to grow and providing significant consumer benefits to European citizens;
Amendment 13 #
Motion for a resolution Recital B B. whereas the evolving use of internet and mobile devices has created new business opportunities and business models, and not only new, but also business models that are alternative to the traditional ones of the companies taking advantage of the new technologies, through internet platforms, Information and Communication Technology applications that allow our communities to rent, to share, to exchange, or to sell access to products or services;
Amendment 130 #
Motion for a resolution Paragraph 9 9. Notes that online platforms use the internet as a means of interaction and act as facilitators between the demand and supply sides providing therefore benefits to a wide range of economic operators, including SMEs, and consumers;
Amendment 131 #
Motion for a resolution Paragraph 9 9. Notes that online platforms use the internet as a means of interaction and act as facilitators between the demand and supply sides, to the benefit of users, consumers and businesses, particularly SMEs;
Amendment 132 #
Motion for a resolution Paragraph 9 9. Notes that online platforms use the internet as
Amendment 133 #
Motion for a resolution Paragraph 10 10. Notes that online platforms take advantage of the enormous and ever- increasing number of mobile devices; points out that, according to the Commission, an investment of EUR 500 billion will be required over the next decade to hit the connectivity targets established in its communication "Connectivity for a Competitive Digital Single Market - Towards a European Gigabit Society", although it also estimates that there is an investment shortfall of EUR 155 billion; takes the view, therefore, that top priority needs to be given to ensuring there is sufficient investment for the deployment of digital infrastructure, as that deployment is imperative in order to enable citizens and businesses to reap the benefits of the development of 5G technology;
Amendment 134 #
Motion for a resolution Paragraph 10 10. Notes that online
Amendment 135 #
Motion for a resolution Paragraph 10 10. Notes that online platforms
Amendment 136 #
Motion for a resolution Paragraph 10 10. Notes that online platforms take advantage of the enormous and ever- increasing number of mobile devices, PCs, laptops and other computing devices;
Amendment 137 #
Motion for a resolution Paragraph 10 10. Notes that online platforms
Amendment 138 #
Motion for a resolution Paragraph 10 10. Notes that online platforms take advantage of the enormous and ever- increasing number of
Amendment 139 #
Motion for a resolution Paragraph 10 a (new) 10 a. Highlights in this context the need to create a favourable climate for promoting investment in high-speed broadband network infrastructure and fostering the deployment of 5G as instruments for convergence, ensuring a robust digital infrastructural backbone for Europe's companies;
Amendment 14 #
Motion for a resolution Recital B B. whereas the evolving use of internet and mobile devices has created new business opportunities and business models; whereas it also brings huge dangers related to cybersecurity, data protection and consumer mapping that could lead to discriminatory practices;
Amendment 140 #
Motion for a resolution Paragraph 11 Amendment 141 #
Motion for a resolution Paragraph 11 Amendment 142 #
Motion for a resolution Paragraph 11 11. Underlines that the increasingly widespread use of smartphones and tablets has further extended access to online platforms, thereby enhancing their role in the economy and society,
Amendment 143 #
Motion for a resolution Paragraph 11 11. Underlines that the increasingly widespread use of smartphones and tablets has further extended access to online platforms, thereby enhancing their role in the economy and society, particularly among young people, and this relevance will further increase with the fast-paced development of the Intenet of Things which is expected to connect 30 billion objects by 2020;
Amendment 144 #
Motion for a resolution Paragraph 11 11. Underlines that
Amendment 145 #
Motion for a resolution Paragraph 11 11. Underlines that the increasingly widespread use of smart devices, including smartphones and tablets has further extended access to online platforms, thereby enhancing their role in the economy and society, particularly among young people, but more and more among all age groups;
Amendment 146 #
Motion for a resolution Paragraph 11 11. Underlines that the increasingly widespread use of smartphones and tablets has further extended a
Amendment 147 #
Motion for a resolution Paragraph 11 11. Underlines that the increasingly widespread use of smartphones
Amendment 148 #
Motion for a resolution Paragraph 11 11. Underlines that the increasingly widespread use of
Amendment 149 #
Motion for a resolution Paragraph 11 a (new) 11 a. Notes the growing role of online platforms in sharing and providing access to news and other information valuable for citizens as well as for the functioning of democracy;
Amendment 15 #
Motion for a resolution Recital B B. whereas the evolving use of internet and mobile devices has created new business opportunities and business models and has facilitated the access of small and medium-sized companies to their potential customer base in Europe and the global market;
Amendment 150 #
Motion for a resolution Paragraph 12 12. Draws attention to rapidly developing online platform markets, which offer a new outlet for products and services; recognises the global nature of online platform markets; points out that global and cross-border online platform markets offer consumers a wide variety of choices and effective price competition; recalls that the cross-border dimension of online platforms is now an affordable reality for all EU citizens and businesses thanks to the "roam-like-at-home" agreement;
Amendment 151 #
Motion for a resolution Paragraph 12 12. Draws attention to rapidly developing online
Amendment 152 #
Motion for a resolution Paragraph 12 12. Draws attention to rapidly developing online platform markets, which offer a new outlet for products and services; recognises the global nature of online platform markets; points out that global online platform markets offer consumers a wide variety of choices and
Amendment 153 #
Motion for a resolution Paragraph 13 Amendment 154 #
Motion for a resolution Paragraph 13 13. Urges the Commission to continue to promote the growth of European online platforms and strengthen their ability to compete globally; calls on the Commission to keep an innovation- friendly policy towards online platforms to facilitate market entry in the EU; regrets the EU’s low share of market capitalisation on online platforms; stresses the importance of removing obstacles that hamper the smooth operation of online platforms across borders and disrupt the functioning of the European digital internal market; highlights the importance of non- discrimination, transparency and the facilitation of switching between platforms;
Amendment 155 #
Motion for a resolution Paragraph 13 13. Urges the Commission to continue to promote the growth of European online platforms and strengthen their ability to compete globally; regrets the EU’s low share of market capitalisation on online platforms; stresses the importance of removing obstacles that hamper the smooth operation of online platforms across
Amendment 156 #
Motion for a resolution Paragraph 13 13. Urges the Commission to continue to promote the growth of European online platforms and strengthen their ability to compete globally by distinguishing themselves thanks to the quality of their responses to the needs of the public and of small and medium-sized undertakings; regrets the EU’s low share of market capitalisation on online platforms; stresses the importance of removing obstacles that hamper the smooth operation of online platforms across borders and disrupt the functioning of the European digital internal market;
Amendment 157 #
Motion for a resolution Paragraph 13 13. Urges the Commission to continue to promote the growth of
Amendment 158 #
Motion for a resolution Paragraph 13 13. Urges the Commission to continue to promote the growth of European online platforms and strengthen their ability to compete globally; regrets the EU’s low share of online platform-firms in terms of market capitalisation
Amendment 159 #
Motion for a resolution Paragraph 13 13. Urges the Commission to continue to promote the growth of European online platforms and strengthen their ability to compete globally; regrets the EU
Amendment 16 #
Motion for a resolution Recital B B. whereas the evolving use of internet and mobile devices has created new business opportunities
Amendment 160 #
Motion for a resolution Paragraph 13 a (new) 13 a. Urges the Commission to assess the relevance of network effects and the role of high investment-zero marginal cost in the development of platforms that facilitates the creation of quasi- monopolistic positions and develop responses to create a level playing field in concerned sectors;
Amendment 161 #
Motion for a resolution Paragraph 13 a (new) 13 a. Calls the Commission to promote the growth of Digital Online Platforms, through the development of a simplified European Regulatory basis that takes into account the market access requirements, liability regimes, protection of users, labour conditions and taxation;
Amendment 162 #
Motion for a resolution Paragraph 14 14. Recognises the potential benefits that online platforms
Amendment 163 #
Motion for a resolution Paragraph 14 14. Recognises the benefits that online platforms offer for SMEs; notes that online platforms are often the easiest and most suitable first step for small businesses who want to go online and benefit from online distribution channels; notes that online platforms allow SMEs to access global markets without excessive investments in costly digital infrastructure;
Amendment 164 #
Motion for a resolution Paragraph 14 14. Recognises the benefits that online platforms offer for SMEs; notes that online platforms allow SMEs to access global markets without excessive investments in costly digital infrastructure; recommends tackling the digital skills gap by continuing to providing digital education through online platforms;
Amendment 165 #
Motion for a resolution Paragraph 14 14. Recognises the benefits that online platforms offer for SMEs; notes that online platforms allow SMEs to access global markets without excessive investments in costly digital infrastructure; underlines the importance of fair access to platforms for European SMEs;
Amendment 166 #
Motion for a resolution Paragraph 14 14. Recognises the benefits that online platforms offer for SMEs; notes that online platforms allow SMEs to access global markets without excessive investments in costly digital infrastructure, ensuring that small companies can have the same access to potential customers as large corporations;
Amendment 167 #
Motion for a resolution Paragraph 14 14. Recognises the benefits that online platforms offer for SMEs and start-ups; notes that online platforms allow
Amendment 168 #
Motion for a resolution Paragraph 14 14. Recognises the significant benefits that online platforms offer for SMEs;
Amendment 169 #
Motion for a resolution Paragraph 14 14. Recognises the benefits that online platforms offer for SMEs; notes that online platforms allow SMEs to access global markets without having to excessively invest
Amendment 17 #
Motion for a resolution Recital B B. whereas the evolving use of internet and mobile devices has created new business opportunities and business models and given rise to new security, economic and social risks;
Amendment 170 #
Motion for a resolution Paragraph 14 a (new) 14 a. Expresses its concerns that the increasing dominance of some online platforms may diminish the entrepreneurial freedom;
Amendment 171 #
Motion for a resolution Paragraph 15 15. Urges the Commission to prioritise actions that allow European start-ups and new European online platforms to emerge and to scale up; stresses that facilitating investments in start-ups is vital to the development of online platforms in Europe; underlines as necessary elements in this respect, homogeneous rules for digital businesses in Europe, availability of sufficient connectivity, interopeability of existing applications and availability of open standards;
Amendment 172 #
Motion for a resolution Paragraph 15 15. Urges the Commission to maintain an innovation-friendly policy and to prioritise actions that allow European start- ups and new European online platforms to emerge and to scale up; stresses that facilitating funding and investments in start-ups, including alternative funding options, such as crowdfunding and crowd-investment, is vital to the development of online platforms in Europe;
Amendment 173 #
Motion for a resolution Paragraph 15 15. Urges the Commission to prioritise actions that allow European start-ups and new European online platforms to emerge and to scale up; stresses that facilitating investments in start-ups is vital to the development of online platforms in Europe; emphasizes that an open environment characterized by fair competition is crucial in this regard;
Amendment 174 #
Motion for a resolution Paragraph 15 15. Urges the Commission to prioritise actions that allow European start-ups and
Amendment 175 #
Motion for a resolution Paragraph 15 15. Urges the Commission to prioritise actions that allow European start-ups
Amendment 176 #
Motion for a resolution Paragraph 15 a (new) 15 a. Underlines the importance, for the fast-growing of this sector, of access to risk capital and calls on the Commission to promote initiatives on this direction;
Amendment 177 #
Motion for a resolution Paragraph 15 a (new) 15a. Emphasises that simplified rules should apply to newly established firms and new online platforms and that they should also benefit SMEs;
Amendment 178 #
Motion for a resolution Paragraph 15 a (new) 15a. Stresses that levels of inclusiveness can be a positive and competitive way for European platforms to distinguish themselves;
Amendment 179 #
Motion for a resolution Paragraph 15 b (new) 15 b. Calls on the Commission and Member States to make full use of existing financing instruments to promote initiatives to ease access to financing, especially for start-ups, small and medium enterprises and businesses in the economy throughout the EU, through different channels: banking, risk capital, public funds, crowd-funding;
Amendment 18 #
Motion for a resolution Recital B B. whereas the evolving use of the internet and mobile devices has created new business opportunities and business models for all sizes of businesses;
Amendment 180 #
Motion for a resolution Paragraph 16 16. Notes that some online platforms realise the collaborative economy;
Amendment 181 #
Motion for a resolution Paragraph 16 16. Notes that some online platforms are
Amendment 182 #
Motion for a resolution Paragraph 16 16. Notes that some online platforms realise the collaborative economy; welcomes the Commission communication on the collaborative economy, which supports the development of new business models; stresses that these new business models offer new services
Amendment 183 #
Motion for a resolution Paragraph 16 16. Notes that some online platforms realise the collaborative economy and contribute to the growth of collaborative economy in Europe; welcomes the Commission communication on the collaborative economy, which supports the development of new business models; stresses that these new business models offer new services and greater choice for consumers as well as provide flexibility for employees;
Amendment 184 #
Motion for a resolution Paragraph 16 16. Notes that some online platforms realise the collaborative economy; welcomes the Commission communication on the collaborative economy, which supports the development of new business models; stresses that these new business models offer new services and greater choice for consumers as well as provide
Amendment 185 #
Motion for a resolution Paragraph 16 16. Notes that some online platforms realise the collaborative economy; welcomes the Commission communication on the collaborative economy, which supports the development of new business models; stresses that these new business models offer
Amendment 186 #
Motion for a resolution Paragraph 16 16. Notes that some online platforms
Amendment 187 #
Motion for a resolution Paragraph 16 a (new) 16 a. Shares with the EESC the view that the Commission has once again overlooked the social dimension of online platforms and that platforms' social responsibility towards their workers, both those regularly employed and employees working in new forms of employment, needs to be more precisely defined; considers that special attention should be paid to the latter, and fair working conditions, adequate social protection, occupational health and safety, training, collective bargaining and union rights should be provided to all platforms' workers, recognising the challenges brought forth by online platforms;
Amendment 188 #
Motion for a resolution Paragraph 16 a (new) 16 a. Notes that online health platforms can support innovative activities by creating and transferring relevant knowledge from engaged healthcare consumers towards innovating healthcare environment; stresses that a new innovation platforms will co-design and co-create the next generation of innovative healthcare products so that they precisely match current unmet needs;
Amendment 189 #
Motion for a resolution Paragraph 16 a (new) 16 a. Recognizes that there is currently an excessive tendency to use the figure of the economically dependent self-employed worker on these online platforms, and that this may lead to an imbalance in the working time, in occupational health, in the possibilities to take collective action, in social protection, and in other working conditions;
Amendment 19 #
Motion for a resolution Recital B B. whereas the evolving use of internet and mobile devices has created new business opportunities and challenges, and business models;
Amendment 190 #
Motion for a resolution Paragraph 16 b (new) 16 b. Calls on the Member States and the Commission to ensure adequate social security for self-employed workers, who are key players in the digital labour market; calls on the Member States and the Commission to adapt existing social protection schemes and to develop new mechanisms of protection, where necessary, to ensure adequate coverage of workers in these platforms as well as non- discrimination and gender equality, and to share best practices at European level;
Amendment 191 #
Motion for a resolution Subheading 4 Clarifying the implementation of the limited liability of intermediaries
Amendment 192 #
Motion for a resolution Paragraph 17 17. Notes that the EU intermediary li
Amendment 193 #
Motion for a resolution Paragraph 17 17. Notes that intermediary liability is one of the main concerns in the ongoing debate on online platforms, not least because counterfeiting can give rise to risks for consumers;
Amendment 194 #
Motion for a resolution Paragraph 17 17. Notes that intermediary liability is one of the main concerns in the ongoing debate on online platforms, especially as counterfeits represent a severe threat to consumers' health;
Amendment 195 #
Motion for a resolution Paragraph 17 17. Notes that the current intermediary liability
Amendment 196 #
Motion for a resolution Paragraph 17 17. Notes that intermediary liability is one of the main concerns in the ongoing debate on online platforms and must be clarified;
Amendment 197 #
Motion for a resolution Paragraph 17 17. Notes that intermediary liability is one of the
Amendment 198 #
Motion for a resolution Paragraph 17 a (new) 17 a. Stresses that despite the fact that more creative content is being consumed today than ever before, on services such as user-uploaded content platforms and content aggregation services, the creative sectors have not seen a comparable increase in revenues from this increase in consumption; stress that one of the main reasons for that is being referred to as a transfer of value that has emerged due to the lack of clarity regarding the status of these online services under copyright and e-commerce law; stress that an unfair market has been created, threatening the development of the Digital Single Market and its main players: the cultural and creative industries;
Amendment 199 #
Motion for a resolution Paragraph 17 a (new) 17 a. Highlights that, in line with the European Parliament's Resolution, Towards a Digital Single Market Act, the limited liability of intermediaries is essential to the protection of the openness of the internet, fundamental rights, legal certainty and innovation and that the provisions on intermediary liability in the e-Commerce Directive are future-proof and technologically neutral;
Amendment 2 #
Motion for a resolution Citation 8 a (new) - having regard to Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users' rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union1a , _________________ 1a OJ L 310, 26.11.2015, p.1.
Amendment 20 #
Motion for a resolution Recital B a (new) B a. whereas Europe, compared to the world scale, has made progress in labour and social standards and in social protection systems, and whereas the EU must, in the digital economy, continue to develop the European social model, a fair distribution of wealth, quality employment and sustainable and inclusive growth in long-term employment;
Amendment 200 #
Motion for a resolution Paragraph 17 a (new) 17 a. Recalls that the e-Commerce Directive exempts intermediaries from liability for content only if they play a neutral, merely technical and passive role in relation to the transmitted and/or hosted content but requires as well an expeditious reaction to remove or disable access to content when an intermediary has actual knowledge of infringement or illegal activity or information;
Amendment 201 #
Motion for a resolution Paragraph 17 a (new) 17a. Emphasises, in that connection, that phemomena such as fake news, fake accounts, fake followers or social bots have the potential to influence opinion on a massive scale; points out, at the same time, that the free exchange of opinions is central and fundamental to democracy;
Amendment 202 #
Motion for a resolution Paragraph 17 b (new) 17b. Emphasises that the following methods of countering fake news should be considered: 1) cooperation between platforms and an independent research body whose role is to safeguard the legal framework and which takes a neutral approach to content; 2) a requirement to inform users who have encountered fake news that the items in question have been identified as such and, if necessary, corrected; 3) introduction of a right of reply similar to that provided for in the law governing the press;
Amendment 203 #
Motion for a resolution Paragraph 17 b (new) 17 b. Recalls that numerous online platforms not only provide access to goods and services, but also play a more active role in relation to consumers and other actors, by for example optimising the presentation of content to give knowledge of the activity on their platforms, thus not being entitled to claim for the liability exemption established in the e-Commerce Directive;
Amendment 204 #
Motion for a resolution Paragraph 17 c (new) 17 c. Urges online platforms to take appropriate and proportionate measures to ensure protection of IPR-protected works or other subject-matter, such as implementing effective technologies to fight against illegal and harmful content;
Amendment 205 #
Motion for a resolution Paragraph 18 18. Believes that a clear-cut and level playing field is needed in order to allow online platforms to comply with their responsibilities and the rules on liability, particularly rules concerning personal data protection and the gathering and processing of consumer data; believes that a rule must be introduced on forgetting consumers in order to uphold freedom on the internet through greater anonymity; emphasises that the consumer must at all times have access to his data and be able to remove them entirely from the platform;
Amendment 206 #
Motion for a resolution Paragraph 18 18. Believes
Amendment 207 #
Motion for a resolution Paragraph 18 18. Believes that a clear-cut and level playing field is needed in order to allow online platforms to comply with their responsibilities and the rules on liability and calls on the Commission to develop further steps to that effect;
Amendment 208 #
Motion for a resolution Paragraph 18 18. Believes that a clear-cut and level playing field is needed in order to allow online platforms to comply with their responsibilities and the rules on liability vis-à-vis consumers;
Amendment 209 #
Motion for a resolution Paragraph 18 18. Believes that a clear-cut and sector- specific level playing field is needed in order to allow online platforms to comply with their responsibilities and the rules on liability;
Amendment 21 #
Motion for a resolution Recital B a (new) B a. whereas platforms have become the reference point of the internet economy; whereas platforms have evolved into hubs that coordinate and control the central nodes of the internet and nothing runs in the net without them; whereas the volume of data these platforms handle and the bandwidth they need are growing exponentially;
Amendment 210 #
Motion for a resolution Paragraph 18 18. Believes that
Amendment 211 #
Motion for a resolution Paragraph 18 a (new) 18 a. Stresses that online service providers, including online platforms, are subject to EU law and are covered by, inter alia, competition, data protection and consumer rules; notes that the Digital Single Market Strategy that is currently implemented provides for additional rules or the update of existing legal frameworks that apply to online platforms;
Amendment 212 #
Motion for a resolution Paragraph 18 a (new) 18 a. Highlights that liability exemptions can only apply to genuinely neutral and passive online providers, and not to services that play an active role in distributing, promoting and monetising content at the expense of creators;
Amendment 213 #
Motion for a resolution Paragraph 19 19. Notes that certain stakeholders are dissatisfied with the current rules on liability and welcomes the Commission’s undertaking to publish guidelines on intermediary liability, in an effort to encourage responsible behaviour and increase user trust; calls on the Commission to draw attention to the differences between the online and offline world and to create a level playing field for comparable services online and offline, and urges it to assess the need for new rules on active intermediaries which address issues relating to requirements on the provision of information and transparency, due diligence standards, non-compliance and liability;
Amendment 214 #
Motion for a resolution Paragraph 19 19.
Amendment 215 #
Motion for a resolution Paragraph 19 19. Notes that certain stakeholders are dissatisfied with the current rules on liability and welcomes the Commission’s undertaking to publish guidelines on intermediary liability; calls on the Commission to draw attention to the differences between the online and offline world and to create a level playing field for comparable services online and offline, noting however, that it is essential not to impede innovation;
Amendment 216 #
Motion for a resolution Paragraph 19 19.
Amendment 217 #
Motion for a resolution Paragraph 19 19. Notes that certain stakeholders are dissatisfied with the current rules on liability and welcomes the Commission
Amendment 218 #
Motion for a resolution Paragraph 19 19. Notes that
Amendment 219 #
Motion for a resolution Paragraph 19 19. Notes that certain stakeholders are dissatisfied with the current rules on liability and find it insufficiently clear and welcomes the Commission’s undertaking to publish guid
Amendment 22 #
Motion for a resolution Recital B a (new) B a. whereas a data driven economy depends on a wider ICT ecosystem to succeed, including high-educated experts as well as skilled people;
Amendment 220 #
Motion for a resolution Paragraph 19 19. Notes that certain stakeholders are dissatisfied with the current rules on liability and welcomes the Commission’s undertaking to publish guidelines on intermediary liability; calls on the Commission to draw attention to the differences between the online and offline world and to create a sector-specific level playing field for comparable services online and offline;
Amendment 221 #
Motion for a resolution Paragraph 19 a (new) 19 a. Considers that digital platforms are means of providing wider access to cultural and creative works and offer great opportunities for cultural and creative industries to develop new business models; highlights that consideration is to be made of how this process can function with more legal certainty and respect for right holders; underlines the importance of transparency and of ensuring a fair level playing field; considers in this regard that protection of right holders within the copyright and intellectual property framework is necessary in order to ensure recognition of values and stimulation of innovation, creativity, investment and production of content;
Amendment 222 #
Motion for a resolution Paragraph 20 Amendment 223 #
Motion for a resolution Paragraph 20 20.
Amendment 224 #
Motion for a resolution Paragraph 20 20.
Amendment 225 #
Motion for a resolution Paragraph 20 20. Welcomes the update of the AVMS Directive and the Commission’s intention to propose measures for video-sharing platforms concerning their liability in terms of the protection of minors and the prevention of hate speech; regrets, however, the absence of references to content relating to the incitement of terrorism; recognises the work made by the Committee on Culture and Education to remedy this absence;
Amendment 226 #
Motion for a resolution Paragraph 21 21. Considers that the liability rules for online platforms should allow the tackling of issues related to illegal and harmful content in an efficient manner
Amendment 227 #
Motion for a resolution Paragraph 21 21. Considers that
Amendment 228 #
Motion for a resolution Paragraph 21 21. Considers that the liability rules for online platforms
Amendment 229 #
Motion for a resolution Paragraph 21 21. Considers that the liability rules for online platforms should allow the tackling of issues related to illegal goods and illegal and harmful content in an efficient manner, for instance by respecting the duty of care, while maintaining a balanced and business- friendly approach;
Amendment 23 #
Motion for a resolution Recital B b (new) B b. whereas it is essential for companies to behave in a socially responsible manner, taking into account sustainability and the interests of society; whereas European labour markets are more often evolving towards 'atypical' or 'non-standard' forms of employment, such as occasional work, work on- demand, dependent self-employment or work intermediated by these digital platforms; and whereas we must ensure that workers who use the platforms have decent working conditions;
Amendment 230 #
Motion for a resolution Paragraph 21 21. Considers that the liability rules for online platforms should allow the tackling of issues related to illegal goods and illegal and harmful content in an efficient manner, for instance by respecting the duty of care, while maintaining a balanced and business- friendly approach;
Amendment 231 #
Motion for a resolution Paragraph 21 21. Considers that the liability rules for online platforms should allow the tackling of issues related to illegal goods and illegal and harmful content in an efficient manner, for instance by
Amendment 232 #
Motion for a resolution Paragraph 21 21. Considers that the liability rules for online platforms should allow the tackling of issues related to illegal and harmful content and products in an efficient manner, for instance by respecting the duty of care, while maintaining a balanced and business-
Amendment 233 #
Motion for a resolution Paragraph 21 21. Considers that the liability rules for online platforms should allow the tackling of issues related to illegal goods and illegal and harmful content in an efficient manner, for instance by
Amendment 234 #
Motion for a resolution Paragraph 21 21. Considers that the liability rules for online platforms should allow the tackling of issues related to illegal and harmful goods and content in an efficient manner, for instance by respecting the duty of care, while maintaining a balanced and business- friendly approach;
Amendment 235 #
Motion for a resolution Paragraph 21 21. Considers that the liability rules for online platforms should allow the tackling of issues related to illegal goods and harmful content in an efficient manner, for instance by respecting the duty of care, while maintaining a balanced and business- friendly approach;
Amendment 236 #
Motion for a resolution Paragraph 21 21. Considers that the liability rules for online platforms should allow the tackling of issues related to illegal and harmful content in an efficient manner, for instance by
Amendment 237 #
Motion for a resolution Paragraph 21 21. Considers that the liability rules for online platforms should allow the tackling of issues related to illegal
Amendment 238 #
Motion for a resolution Paragraph 21 a (new) 21 a. Stresses the importance of actions to be taken against the dissemination of fake news;
Amendment 239 #
Motion for a resolution Paragraph 22 Amendment 24 #
Motion for a resolution Recital C C. whereas the evolving development and use of internet platforms for a wide set of activities, including commercial activities and sharing goods and services, have changed the ways in which consumers
Amendment 240 #
Motion for a resolution Paragraph 22 22. Stresses the need for online platforms to prevent illegal
Amendment 241 #
Motion for a resolution Paragraph 22 22. Stresses the need for online platforms to prevent illegal and inappropriate content and unfair practices through regulatory, effective self- regulatory or hybrid measures; recognises the results achieved by the Rapid Alert System to ensure that dangerous products are quickly removed everywhere in Europe; encourages Member States to set up specialised teams to monitor webpages and trace dangerous products that are sold online and online platforms to step up their efforts to remove such products once identified by the EU regulatory authorities; stresses the importance of online platforms playing a proactive role in tackling illegal and inappropriate content and taking immediate action to remove illegal or inappropriate content if such content slips through preventive monitoring;
Amendment 242 #
Motion for a resolution Paragraph 22 22. Stresses the need for online platforms to prevent illegal goods and illegal and inappropriate content and unfair practices through regulatory, effective co- and self-
Amendment 243 #
Motion for a resolution Paragraph 22 22. Stresses the need for online platforms to prevent illegal goods and illegal and inappropriate content and unfair practices through regulatory, effective self- regulatory or hybrid measures; stresses the importance of online platforms playing a proactive role in tackling illegal goods and illegal and inappropriate content and taking immediate action to remove illegal or inappropriate content if such content slips through preventive monitoring; notes that online platforms are not always able to assess and establish the illegality of content and any measure imposed as voluntarily or otherwise must take into account possible consequences of censorship and effects on freedom of speech and the openness of the internet;
Amendment 244 #
Motion for a resolution Paragraph 22 22. Stresses the need for online platforms to prevent illegal and inappropriate content and unfair practices through regulatory, effective self- regulatory or hybrid measures without hampering innovation or impeding users' fundamental rights such as the right to privacy and freedom of expression; stresses the importance of online platforms playing a proactive role in tackling illegal and inappropriate content and taking immediate action to remove illegal or inappropriate content if such content slips through preventive monitoring;
Amendment 245 #
Motion for a resolution Paragraph 22 22. Stresses th
Amendment 246 #
Motion for a resolution Paragraph 22 22. Stresses the need for online platforms to
Amendment 247 #
Motion for a resolution Paragraph 22 22. Stresses the need for online platforms to prevent illegal goods and inappropriate content and unfair practices through regulatory
Amendment 248 #
Motion for a resolution Paragraph 22 22. Stresses the need for online platforms to prevent illegal and inappropriate content, harmful and illegal goods and unfair practices through regulatory, effective self-
Amendment 249 #
Motion for a resolution Paragraph 22 22. Stresses the need for online platforms to prevent illegal and inappropriate content and unfair practices through regulatory, effective self- regulatory or hybrid measures; stresses the importance of online platforms playing a proactive role in tackling illegal and inappropriate content and products and taking immediate action to remove illegal or inappropriate content and products if such content or products slips through preventive monitoring;
Amendment 25 #
Motion for a resolution Recital C C. whereas the evolving development and use of internet platforms for a wide set of activities, including commercial activities and sharing goods and services, have changed the ways in which consumers, companies and other users interact with content and goods providers;
Amendment 250 #
Motion for a resolution Paragraph 22 22. Stresses the need for improved legal regulation of online platforms to prevent illegal and inappropriate content and unfair practices through regulatory, effective self-
Amendment 251 #
Motion for a resolution Paragraph 22 22. Stresses the need for online platforms to prevent illegal goods and illegal and inappropriate content and unfair practices through regulatory
Amendment 252 #
Motion for a resolution Paragraph 22 22. Stresses the need for online platforms to prevent illegal goods and illegal and inappropriate content and unfair practices through regulatory
Amendment 253 #
Motion for a resolution Paragraph 22 22. Stresses the need for online platforms
Amendment 254 #
Motion for a resolution Paragraph 22 22. Stresses the need for online platforms to prevent misleading, illegal and inappropriate content and unfair practices through regulatory, effective self- regulatory or hybrid measures; stresses the importance of online platforms playing a proactive role in tackling misleading, illegal and inappropriate content and taking immediate action to remove misleading, illegal or inappropriate content if such content slips through preventive monitoring;
Amendment 255 #
Motion for a resolution Paragraph 22 a (new) 22 a. Requires platforms to provide users with tools to denounce fake news circulating online in their platforms as well as illegal or hate speech content in such a way that other users can be informed of the content whose veracity has been contested; also, calls for public rectification to be guaranteed by platforms in the case this possible fake content has been proved to be fake, with the same impact that the previous publication had; asks for efforts by online platforms so that fake news or illegal content is completely eliminated with appropriate systems allowing traceability; calls on the Commission to analyse in depth the current situation and legal framework with regard to fake news and to verify the possibility of a legislative intervention to limit the dissemination and spreading of fake content;
Amendment 256 #
Motion for a resolution Paragraph 22 a (new) 22a. Emphasises that the criteria drawn on in striking a balance between freedom of the press and opinion, on the one hand, and the protection of the right to privacy, on the other, also apply in the social media sphere; points out that a European approach to enforcing the right to privacy is needed; calls, in that connection: (1) for the criteria on which platform providers base their deletion procedures to be made public; (2) for deletion requests to be taken seriously and dealt with quickly; (3) for requests for information from law-enforcement authorities to be answered more quickly and comprehensively; makes clear its view that financial penalties should be imposed on platform providers who fail to meet these requirements;
Amendment 257 #
Motion for a resolution Paragraph 22 a (new) 22 a. Requires platforms to provide users with tools to denounce fake news circulating online in their platforms as well as illegal or hate speech content in such a way that other users can be informed of the content whose veracity has been contested; also, calls for public rectification to be guaranteed by platforms in the case this possible fake content has been proved to be fake, with the same impact that the previous publication had; asks for efforts by online platforms so that fake news or illegal content is completely eliminated with appropriate systems allowing traceability;
Amendment 258 #
Motion for a resolution Paragraph 23 Amendment 259 #
Motion for a resolution Paragraph 23 23. Considers that online platforms
Amendment 26 #
Motion for a resolution Recital C C. whereas the evolving development and use of internet platforms for a wide set of activities, including commercial activities and sharing goods and services, have changed the ways in which consumers and other users interact with content and service providers;
Amendment 260 #
Motion for a resolution Paragraph 23 23. Considers that online platforms should develop more effective voluntary measures and technical means of identifying and eliminating harmful content; recalls, in this regard, self- regulatory initiatives endorsed by the Commission, in particular, the Code of Conduct on countering illegal hate speech online and the industry-led hash-tagging initiative on terrorist content; points out that this approach is reasonable, appropriate and balanced;
Amendment 261 #
Motion for a resolution Paragraph 23 23. Considers that online platforms should develop more effective voluntary measures and technical means to
Amendment 262 #
Motion for a resolution Paragraph 23 23. Considers that online platforms should develop and adopt more effective voluntary measures and technical means of identifying and eliminating
Amendment 263 #
Motion for a resolution Paragraph 23 23. Considers that
Amendment 264 #
Motion for a resolution Paragraph 23 23. Considers that online platforms should develop more effective voluntary measures and technical means of
Amendment 265 #
Motion for a resolution Paragraph 23 23. Considers that online platforms should develop more effective voluntary measures and technical means of identifying and eliminating
Amendment 266 #
Motion for a resolution Paragraph 23 23. Considers that online platforms should develop more effective voluntary measures and technical means of identifying and eliminating access to illegal goods and harmful content;
Amendment 267 #
Motion for a resolution Paragraph 23 23. Considers that online platforms should develop more effective voluntary measures and technical means of identifying and eliminating access to illegal goods and harmful content;
Amendment 268 #
Motion for a resolution Paragraph 23 23. Considers that online platforms should develop more effective voluntary measures and technical means of identifying and eliminating access to illegal goods and harmful content;
Amendment 269 #
Motion for a resolution Paragraph 23 23. Considers that online platforms should develop more effective voluntary measures and technical means of identifying and eliminating access to illegal goods and harmful content;
Amendment 27 #
Motion for a resolution Recital C C. whereas the evolving development and use of internet platforms for a wide set of activities, including commercial activities and sharing goods and services, have changed the ways in which consumers, traders and other users interact
Amendment 270 #
Motion for a resolution Paragraph 23 23. Considers that online platforms should develop more effective voluntary measures and technical means of identifying and eliminating harmful content and products;
Amendment 271 #
Motion for a resolution Paragraph 23 23. C
Amendment 272 #
Motion for a resolution Paragraph 23 a (new) 23 a. Calls on platforms whose business model is influenced by customer reviews to be obliged to establish mechanisms for verifying the accuracy of such reviews;
Amendment 273 #
Motion for a resolution Paragraph 23 a (new) 23 a. Invites the Commission to rapidly conclude its review of the need for formal notice-and-action procedures as a promising way to strengthen the liability regime in a harmonised way across the EU;
Amendment 274 #
Motion for a resolution Paragraph 23 a (new) 23 a. Encourages the Commission to submit as soon as possible its practical guidance on the market surveillance of products sold online;
Amendment 275 #
Motion for a resolution Paragraph 23 b (new) 23 b. Believes that the compliance with the General Data Protection Regulation and Network and Information Security Directive is essential as regards data ownership, access and transferability, as well as liability;
Amendment 277 #
Motion for a resolution Paragraph 24 24. Urges the Commission to ensure a level playing field for online platforms; stresses that regulatory certainty is essential to creating a thriving digital economy; notes that competitive pressures vary between different sectors and therefore ‘one-size-fits-all’ solutions are rarely appropriate; considers that is why any regulation has to take into account the size of the platforms, their nature and classification, to ensure that these platforms compete with the same rules and on an equal footing as other companies in the markets in which they operate;
Amendment 278 #
Motion for a resolution Paragraph 24 24. Urges the Commission to ensure a level playing field for online platforms service providers and other services with which they compete; stresses that regulatory certainty is essential to creating a thriving digital economy; notes that competitive pressures vary between different sectors and therefore ‘one-size- fits-all’ solutions are rarely appropriate and tailor-made solutions are necessary to take into consideration due to the various characteristics of different kinds of online platforms;
Amendment 279 #
Motion for a resolution Paragraph 24 24. Urges the Commission to ensure a level playing field for online platforms; stresses that regulatory certainty is essential to creating a thriving digital economy; notes that competitive pressures vary between different sectors and therefore ‘one-size-fits-all’ solutions are rarely appropriate; stresses therefore the need for the implementation of sector- specific rules;
Amendment 28 #
Motion for a resolution Recital C a (new) C a. whereas new content providers are adjusting the supply and demand of goods and services, based on community sentiment, shared access, reputation and trust; whereas online platforms are shaking up highly regulated traditional business models, which has called into question the equal conditions of all market players, their responsibility, the quality of the service they offer and also safety and consumer protection;
Amendment 280 #
Motion for a resolution Paragraph 24 24. Urges the Commission to ensure a level playing field for online platforms and a level playing field between online platforms and competing services; stresses that regulatory certainty is essential to creating a thriving digital economy; notes that competitive pressures vary between different sectors and therefore ‘one-size- fits-all’ solutions are rarely appropriate;
Amendment 281 #
Motion for a resolution Paragraph 24 24. Urges the Commission to ensure a level playing field for online platforms, including the B2B perspective and other services with which they compete; stresses that regulatory certainty is essential to creating a thriving digital economy; notes that competitive pressures vary between different sectors and therefore
Amendment 282 #
Motion for a resolution Paragraph 24 24. Urges the Commission to ensure a level playing field
Amendment 283 #
Motion for a resolution Paragraph 24 24. Urges the Commission to ensure a level playing field for online platforms; stresses that regulatory certainty is essential to creating a thriving digital economy; notes that competitive pressures vary between different sectors and different actors within sectors, therefore ‘one-size-fits-all’ solutions are rarely appropriate;
Amendment 284 #
Motion for a resolution Paragraph 24 24. Urges the Commission to ensure a level playing field for all the ecosystem linked to online platforms; stresses that regulatory certainty is essential to creating a thriving digital economy; notes that competitive pressures vary between different sectors and therefore ‘one-size- fits-all’ solutions are rarely appropriate;
Amendment 285 #
Motion for a resolution Paragraph 24 24. Urges the Commission to ensure a level playing field for and between online platforms; stresses that regulatory certainty is essential to creating a thriving digital economy; notes that competitive pressures vary between different sectors and therefore ‘one-size-fits-all’ solutions are rarely appropriate;
Amendment 286 #
Motion for a resolution Paragraph 24 24.
Amendment 287 #
Motion for a resolution Paragraph 24 a (new) 24 a. Stresses that any new legislation targeting online platforms should aim at opening up the markets for new innovations, services and players, providing a flexible entrepreneurial environment capable of putting Europe at the forefront of digital development;
Amendment 288 #
Motion for a resolution Paragraph 24 a (new) 24 a. Believes that an examination of existing legislation and its implementation and the effective enforcement of EU competition law is important to ensure a level playing field and fair competition;
Amendment 289 #
Motion for a resolution Paragraph 24 b (new) 24 b. Believes that a level playing field between platforms and services can be achieved by a competitive market capable of attracting new investment and facilitating risk taking, thus promoting new entrants and new innovation;
Amendment 29 #
Motion for a resolution Recital C a (new) C a. whereas Union policies and legislation in the field of online platforms should foster new opportunities for citizens and businesses, in particular SMEs and start-ups;
Amendment 290 #
Motion for a resolution Paragraph 25 25. Draws attention to the fact that the size of online platforms varies from global giants to micro-enterprises; stresses the importance of fair and effective competition between online platforms to avoid the creation of monopolies that distort the markets; stresses that facilitating the switching between online platforms or online services is an essential measure in preventing market failures; urges consideration to be given to introducing a rule requiring platforms to pay taxes in the countries in which they obtain their profit; stresses the need to introduce rules to ensure the fragmentisation of the market and enable a real fight against monopolies;
Amendment 291 #
Motion for a resolution Paragraph 25 25. Draws attention to the fact that the size of online platforms varies from global giants to micro-enterprises; stresses the importance of fair and effective competition between online platforms to avoid the creation of monopolies that distort the markets; stresses that facilitating the switching between online platforms or online services is an essential measure in preventing market failures; stresses the need to stop market practices which can hinder competition and switching between platforms;
Amendment 292 #
Motion for a resolution Paragraph 25 25. Draws attention to the fact that the size of online platforms varies from global giants to micro-enterprises; stresses the importance of fair and effective competition between online platforms to avoid the creation of monopolies or dominant positions that distort the markets; stresses that facilitating the switching between online platforms or online services is an essential measure in preventing market failures and in guaranteeing the right of consumer choice;
Amendment 293 #
Motion for a resolution Paragraph 25 25. Draws attention to the fact that the size of online platforms varies from global giants to micro-enterprises; stresses the importance of fair and effective competition between online platforms to avoid the creation of monopolies that distort the markets; stresses that facilitating the switching between online platforms or online services is an essential measure in preventing market failures, thereby increasing consumer choice;
Amendment 294 #
Motion for a resolution Paragraph 25 25. Draws attention to the fact that the size of online platforms varies from global giants to micro-enterprises; stresses the importance of fair and effective competition between online platforms to avoid the creation of monopolies that result in abuse of dominant position that distort the markets; stresses that facilitating the switching between online platforms or online services is an essential measure in preventing market failures;
Amendment 295 #
Motion for a resolution Paragraph 25 25. Draws attention to the fact that the size of online platforms varies from global giants to micro-enterprises; stresses the importance of fair and effective competition between online platforms to avoid the creation of monopolies that distort the markets; stresses that facilitating the switching between online platforms or online services is an essential measure in preventing market failures and in avoiding lock-in situations;
Amendment 296 #
Motion for a resolution Paragraph 25 25. Draws attention to the fact that the size of online platforms varies from global giants to micro-enterprises; stresses the importance of fair and effective competition between online platforms to avoid the creation of monopolies that distort the markets due to abuse of market power; stresses that facilitating the switching between online platforms or online services is an essential measure in preventing market failures;
Amendment 297 #
Motion for a resolution Paragraph 25 25. Draws attention to the fact that the size of online platforms varies from global giants to micro-enterprises; stresses the importance of fair and effective competition between online platforms to promote consumer choice and avoid the creation of monopolies that distort the markets; stresses that facilitating the switching between online platforms or online services is an essential measure in preventing market failures;
Amendment 298 #
Motion for a resolution Paragraph 25 25. Draws attention to the fact that the size of online platforms varies from
Amendment 299 #
Motion for a resolution Paragraph 26 26. Underlines that possible reforms of the existing regulatory framework should concentrate on the harmonisation of rules and reducing regulatory fragmentation; emphasises the need to avoid over- regulation and to continue the REFIT process and the implementation of the better regulation principle; stresses the importance of technology neutrality and having the same rules apply online and offline; stresses that the regulatory certainty fosters competition, investments and innovations;
Amendment 3 #
Motion for a resolution Citation 8 a (new) - having regard to its resolution of 19 January 2017 on a European Pillar of Social Rights1a , _________________ 1a Texts adopted, P8_TA (2017) 0010
Amendment 30 #
Motion for a resolution Recital D D. whereas the e-Commerce Directive exempts intermediaries from liability
Amendment 300 #
Motion for a resolution Paragraph 26 26. Underlines that possible reforms of the existing regulatory framework should concentrate on the
Amendment 301 #
Motion for a resolution Paragraph 26 26. Underlines that possible reforms of the existing regulatory framework should concentrate on the harmonisation of rules and reducing regulatory fragmentation, in order to secure an open and competitive market for online platforms and new services; emphasises the need to avoid over-
Amendment 302 #
Motion for a resolution Paragraph 26 26. Underlines that possible reforms of the existing regulatory framework should always foster innovation while guaranteeing high standards of consumer protection, concentrate on the harmonisation of rules and reducing regulatory fragmentation; emphasises the need to avoid over-
Amendment 303 #
Motion for a resolution Paragraph 26 26. Underlines that possible reforms of the existing regulatory framework should concentrate on the harmonisation of rules and reducing regulatory fragmentation; emphasises the need to avoid over- regulation; stresses the importance of technology neutrality and having the same rules apply online and offline where possible and necessary;
Amendment 304 #
Motion for a resolution Paragraph 26 26. Underlines that possible reforms of the existing regulatory framework should concentrate on the harmonisation of rules and reducing regulatory fragmentation; emphasises the need to avoid over- regulation and implement the better regulation principle; stresses the importance of technology neutrality and having the same rules apply online and offline;
Amendment 305 #
Motion for a resolution Paragraph 26 26. Underlines that possible reforms of the existing regulatory framework should concentrate on the harmonisation of rules and reducing regulatory fragmentation; emphasises the need to avoid over- regulation; stresses the importance of technology neutrality and having the same rules apply online and offline, where possible;
Amendment 306 #
Motion for a resolution Paragraph 26 26. Underlines that possible reforms of the existing regulatory framework should concentrate on the harmonisation of rules and reducing regulatory fragmentation; emphasises the need to avoid over- regulation; stresses the importance of technolog
Amendment 307 #
Motion for a resolution Paragraph 26 a (new) 26 a. Cautions against creating market distortions or barriers to market entry for online services by introducing new obligations to cross-subsidise particular legacy business models;
Amendment 308 #
Motion for a resolution Paragraph 27 27. Underlines the importance of investments in infrastructure; stresses that reliable high-speed networks are the precondition of offering and using online platform services; stresses the need for net neutrality and fair and non-discriminatory access to online platforms; stresses the need for adequate investments and a coherent regulatory framework in research and innovation, infrastructure, cybersecurity, data protection, eGovernment and digital skills, in order to ensure a well-functioning digital single market; stresses that the EU is lagging behind its competitors in this respect and more resources are needed for these investments, as well as full use of the potential and synergies of existing funds and incentivizing private investments; believes that further efforts from the Commission should address those challenges in an efficient manner; urges the Commission to introduce more clarity on the financing of the undertaken and upcoming initiatives facilitating the digitisation process, in particular with regard to the role of the EFSI, ESIF, H2020 and potential synergies between them, as well as on the estimated contribution from the Member States national budgets; calls on the Commission to investigate the impact of PPP and JTI in the context of the forthcoming interim evaluation of Horizon 2020;
Amendment 309 #
Motion for a resolution Paragraph 27 27. Underlines the importance of investments in infrastructure; stresses that a level playing field and fair competition ensure investments in quality, high-speed broadband services; stresses that reliable high-speed networks are the precondition of offering and using online platform services; stresses the need for net neutrality and fair and non-discriminatory access to online platforms;
Amendment 31 #
Motion for a resolution Recital D D. whereas the e-Commerce Directive exempts intermediaries from liability for content only if they play a neutral, merely technical and passive role in relation to the
Amendment 310 #
Motion for a resolution Paragraph 27 27. Underlines the importance of investments in infrastructure; stresses that
Amendment 311 #
Motion for a resolution Paragraph 27 27. Underlines the importance of investments in infrastructure in both urban and rural areas; stresses that reliable high- speed networks are the precondition of offering and using online platform services; stresses the need for net neutrality and fair and non-discriminatory access to online platforms;
Amendment 312 #
Motion for a resolution Paragraph 27 27. Underlines the importance of investments in infrastructure; stresses that reliable high-speed networks are the precondition of offering and using online platform services; stresses the need for net neutrality a
Amendment 313 #
Motion for a resolution Paragraph 27 a (new) 27 a. Points out that due to the cross- border nature of the internet, online platforms are able to circumvent national legislation; underlines the example of Belgium, which forbids making a profit on the reselling of tickets, but online platforms acting as a market place located in neigbouring countries still target Belgian consumers; points out that the Netherlands is on the point of adopting similar legislation to limit prices for reselling to a 20% raise of the original price; stresses in this regard the need for online platforms to respect national legislation; calls on Member States to cooperate more closely to monitor online platforms that target cross-border audiences to ensure national legislation is respected;
Amendment 314 #
Motion for a resolution Paragraph 27 a (new) 27a. Emphasises that simplified rules should apply to newly established firms and new online platforms; points out that such rules would also benefit SMEs and give SMEs and start-ups a better competitive toehold from the outset;
Amendment 315 #
Motion for a resolution Paragraph 27 b (new) 27 b. Stresses that unfair trading practices have been identified by online platforms that lead to negative consequences for consumers; points in this respect specifically to the reselling of entertainment tickets, whereby online platforms acting as a market place are established by companies that are enabled to buy up popular tickets immediately and resell them at extortianate prices, for which the company then claims a percentage of the profit; calls for proper enforcement of competition law in this regard;
Amendment 316 #
Motion for a resolution Paragraph 27 a (new) 27 a. Recognizes the fragmentation of the European Union market with regards to content related services; hopes for a forward looking conclusion of the negotiations creating a truly digital single market;
Amendment 317 #
Motion for a resolution Paragraph 28 28. Underlines that the Internet of the future cannot succeed without users’ trust in online platforms, greater transparency
Amendment 318 #
Motion for a resolution Paragraph 28 28. Underlines that the Internet of the future cannot succeed without users
Amendment 319 #
Motion for a resolution Paragraph 28 28. Underlines that the Internet of the future cannot succeed without users
Amendment 32 #
Motion for a resolution Recital D D. whereas the e-Commerce Directive exempts
Amendment 320 #
Motion for a resolution Paragraph 28 28. Underlines that the Internet of the future cannot succeed without users’ trust in online platforms, greater transparency, better control of ranking systems and advertising, and online platforms respecting all applicable legislation and the legitimate interests of users;
Amendment 321 #
Motion for a resolution Paragraph 28 28. Underlines that the Internet of the future cannot succeed without users’ trust in online platforms, protection of personal data, greater transparency, better control of ranking systems and advertising, and online platforms respecting all applicable legislation;
Amendment 322 #
Motion for a resolution Paragraph 28 28. Underlines that the
Amendment 323 #
Motion for a resolution Paragraph 28 28. Underlines that the Internet of the future cannot succeed without users’ trust in online platforms, greater transparency, a level playing field, better control of ranking systems and advertising, and online platforms respecting all applicable legislation;
Amendment 324 #
Motion for a resolution Paragraph 28 28. Underlines that the Internet of the future cannot succeed without users
Amendment 325 #
Motion for a resolution Paragraph 28 28. Underlines that the Internet of the future cannot succeed without users
Amendment 326 #
Motion for a resolution Paragraph 28 a (new) 28a. Points out that many online platforms draw on customer evaluations and that a good many suppliers gain a competitive advantage through false evaluations; stresses, therefore, that checks should be carried out to determine whether evaluations are genuine;
Amendment 327 #
Motion for a resolution Paragraph 29 29. Stresses the importance of transparency in relation to data collection and considers that online platforms must respond to users’ concerns by informing them more effectively about what personal data is collected and how it is shared and used; calls on the Commission and the Member States to take the necessary measures to ensure the full respect of citizen´s rights to privacy and to protection of their personal data in the digital environment; emphasizes the importance of the correct implementation of the General Data Protection Regulation, ensuring the full application of the principle of "privacy by design and by default"; notes the increasing importance of clarifying the concerns over data access, ownership and liability issues and calls on the Commission to asses further the current regulatory framework with regard to these issues; believes that consumers should be able to freely and fully use and exploit the products and services they buy, including in the free choice of repairers, and should not be obstructed by data issues; calls on the Commission to clarify in the framework of the GDPR implementation and define some minimum requirements with regard to data gathered in a workplace;
Amendment 328 #
Motion for a resolution Paragraph 29 29. Stresses the importance of transparency in relation to data collection and considers that online platforms must respond to users’ concerns by informing them more effectively and clearly about what personal data is collected and how it is shared and used; is concerned that, in some cases, data collected by platforms contain sensitive information; urges the platforms, therefore, to inform users transparently both about the way in which the data are stored or processed and whether they are sold to third parties, to enable users to give their explicit consent to the processing of their personal data;
Amendment 329 #
Motion for a resolution Paragraph 29 29. Stresses the importance of transparency in relation to data collection and considers that online platforms must respond to users’ concerns by informing them more effectively about what personal data is collected and how it is shared and used; considers it crucial to raise awareness, especially among the youngest and the oldest as the most vulnerable, about the personal data the consumers facilitate in exchange for access to many so called free services;
Amendment 33 #
Motion for a resolution Recital D D. whereas the e-Commerce Directive exempts intermediaries from liability for content
Amendment 330 #
Motion for a resolution Paragraph 29 29. Stresses the importance of transparency in relation to data collection and considers that online platforms must respond to users
Amendment 331 #
Motion for a resolution Paragraph 29 29. Stresses the importance of transparency in relation to data collection and considers that online platforms must respond to users’ concerns by informing them more effectively about what personal data is collected and how it is shared and used, within the framework of the applicable European data regulations;
Amendment 332 #
Motion for a resolution Paragraph 29 29. Stresses the importance of transparency in relation to data collection and considers that online platforms must respond to users’ concerns by informing them more effectively about what personal data is collected and how it is shared and used in line with the EU data protection framework;
Amendment 333 #
Motion for a resolution Paragraph 29 29. Stresses the importance of transparency in relation to data collection and usage and considers that online platforms must adequately respond to users’ concerns by informing them more effectively about what personal data is collected and how it is shared and used;
Amendment 334 #
Motion for a resolution Paragraph 29 29. Stresses the importance of transparency in relation to data collection and considers that online platforms must respond to users’ concerns by informing them more effectively about what personal data is collected, how it is protected against misuse and how it is shared and used;
Amendment 335 #
Motion for a resolution Paragraph 29 a (new) 29 a. Points out the crucial importance of clarifying methods by which decisions based on algorithms are taken; therefore, asks the Commission and the European Supervisory Authorities to examine potential for errors and biases in the use of algorithms thus verifying the potential harm to privacy and preventing any kind of discrimination caused by the use of these data by the online platforms;
Amendment 336 #
Motion for a resolution Paragraph 29 a (new) 29 a. Underlines the role of cibersecurity to reinforce users' trust in platforms; calls on the Commission to ensure consistent implementation of the Directive on Network and Information Security, to look into the need for, and propose if required, new initiatives to strengthen our defences against cyber- attacks, with special emphasis on protecting SMEs;
Amendment 337 #
Motion for a resolution Paragraph 29 a (new) 29 a. Calls for an option for consumers to turn off location related data collection when the online platform interface is not in use;
Amendment 338 #
Motion for a resolution Paragraph 29 b (new) 29 b. Underlines the importance to ensure the data portability for all users, in particular for workers of the online platforms, and to guarantee the transferability and accumulation of their ratings and reviews across different online platforms, in respect of EU rules already in place on data protection and the privacy of other parties involved;
Amendment 339 #
Motion for a resolution Paragraph 29 b (new) 29 b. Notes the connection between location sharing on online platforms that result in criminal incidents taking advantage of that location knowledge;
Amendment 34 #
Motion for a resolution Recital D D. whereas the e-Commerce Directive exempts intermediaries from liability for content only if they play
Amendment 340 #
Motion for a resolution Paragraph 30 30. Underlines that the cross-border nature of online platforms represents a huge advantage in developing the Digital Single Market, but also requires better cooperation between national public authorities; asks
Amendment 341 #
Motion for a resolution Paragraph 30 30. Underlines that the cross-border nature of online platforms represents a huge advantage in developing the Digital Single Market, but also requires better cooperation between national public authorities; asks the Commission to make better use of existing consumer protection services, which could provide identical and efficient consumer protection in relation to online platforms activities; recommends an equitable tolling regime of the Digital Single Market;
Amendment 342 #
Motion for a resolution Paragraph 30 30. Underlines that the cross-border nature of online platforms represents a huge advantage in developing the Digital Single Market, but also requires better cooperation between national public authorities; asks the Commission to make better use of existing consumer protection services, or to assess the need to set up an authority which could provide identical and efficient consumer protection in relation to online platforms activities;
Amendment 343 #
Motion for a resolution Paragraph 30 30. Underlines that the cross-border nature of online platforms represents a huge advantage in developing the Digital Single Market,
Amendment 344 #
Motion for a resolution Paragraph 30 30. Underlines that the cross-border nature of online platforms represents a huge advantage in developing the Digital Single Market, but also requires better cooperation between national public authorities; asks the Commission to make better use of existing consumer protection services and mechanisms, which could provide identical and efficient consumer protection in relation to online platforms activities;
Amendment 345 #
Motion for a resolution Paragraph 30 a (new) 30 a. Welcomes the Commission intention to further assess any additional need to update existing consumer protection rules in relation to platforms as part of the REFIT check of EU consumer and marketing law in 2017;
Amendment 346 #
Motion for a resolution Paragraph 31 31. Encourages online platforms to provide clear, comprehensive and user- friendly ways of presenting their terms and conditions in order to enhance consumer protection and bolster trust; recommends to the platforms that along with the terms and conditions a complementary reduced version should be included explaining at least the processing of data and legal and commercial guarantees;
Amendment 347 #
Motion for a resolution Paragraph 31 31. Encourages online platforms to provide clear, comprehensive and user- friendly ways of presenting their terms and conditions in order to enhance consumer protection and bolster trust; considers that online platforms should fully respect existing EU legislation and should avoid using complex terms and conditions that are hardly understandable for consumers;
Amendment 348 #
Motion for a resolution Paragraph 31 31. Encourages online platforms to provide clear, comprehensive and user- friendly ways of presenting their terms and conditions in order to enhance consumer protection and bolster trust; calls on online platforms to make the commission rates charged for services provided transparent, so as to enhance consumer confidence;
Amendment 349 #
Motion for a resolution Paragraph 31 31. Encourages online platforms to provide clear, comprehensive and user- friendly ways of presenting their terms and conditions and information with regards to the data they collect and the ways it will be used, in order to enhance consumer protection and bolster trust;
Amendment 35 #
Motion for a resolution Recital E Amendment 350 #
Motion for a resolution Paragraph 31 31. Encourages online platforms to provide clear, comprehensive and user- friendly ways of presenting their terms and conditions in order to enhance consumer protection and bolster trust, upon which platforms depend for survival;
Amendment 351 #
Motion for a resolution Paragraph 31 31. Encourages online platforms to provide clear, comprehensive
Amendment 352 #
Motion for a resolution Paragraph 31 a (new) 31 a. Notes the importance of enforcement of severe penalties in case of misuse of personal data by the trusted third parties that leads, in any way, in discriminatory practises, most notably in sectors like healthcare and insurance;
Amendment 353 #
Motion for a resolution Paragraph 31 a (new) 31 a. Points out that high standards of consumer protection on online platforms are not only needed in B2B practices but also in C2C relationships;
Amendment 354 #
Motion for a resolution Paragraph 32 32. Calls for an assessment of current legislation and self-regulation mechanisms to determine whether they provide adequate protection to consumers
Amendment 355 #
Motion for a resolution Paragraph 32 32. Calls for an assessment of current legislation and self-regulation mechanisms to determine whether they provide adequate protection to users, consumers and businesses against the backdrop of the increasing number of complaints against and investigations opened by the Commission into several platforms;
Amendment 356 #
Motion for a resolution Paragraph 32 a (new) 32 a. Underlines that monopolies, concentration and in particular abuse of dominant position, must be avoided and stresses also that dominant online platforms should not impose disproportionate obligations on consumers or business users;
Amendment 357 #
Motion for a resolution Paragraph 32 b (new) 32 b. Stresses that transparency and impartiality are vital principles in this economy and that even complex algorithms have to respect them;
Amendment 358 #
Motion for a resolution Paragraph 32 c (new) 32 c. Welcomes the Update of the Guidance of the UCPD which aims to make clearer how the Directive should be applied in the ecosystem of online platforms;
Amendment 359 #
Motion for a resolution Paragraph 32 d (new) 32 d. Stresses the importance of greater transparency for users to understand how the information presented to them is filtered, shaped or personalised;
Amendment 36 #
Motion for a resolution Recital E E. whereas numerous online platforms not only provide access to goods and services, but also play a more active role in relation to consumers and other actors, in particular to improve access to the underlying service on their platform or to remove illegal content; whereas the courts have defined the active role of the platforms on the basis of their knowledge and control over the content stored on the platform;
Amendment 360 #
Motion for a resolution Paragraph 32 e (new) 32 e. Underlines that differences between sponsored and any other content must be clearly made, and that criteria used to rank offers of information, such as in search engines or comparison sites, must be known;
Amendment 361 #
Motion for a resolution Paragraph 32 f (new) 32 f. Believes that online platform providers should inform consumers about the ranking systems and principles, including the sponsored search results and online rating and review systems in a clear and visible manner in order to enable an informed choice;
Amendment 362 #
Motion for a resolution Paragraph 33 Amendment 363 #
Motion for a resolution Paragraph 33 Amendment 364 #
Motion for a resolution Paragraph 33 33.
Amendment 365 #
Motion for a resolution Paragraph 33 33. Calls on the Commission to evaluate platforms’ review systems and to put an end to certain practices, such as fake reviews and the deletion of negative reviews in order to make platforms comply with existing obligations; in this respect, as part of the REFIT check of EU consumer and marketing law in 2017, calls on the Commission to ensure that online platforms' review systems are covered by the requirements of the Unfair Commercial Practices Directive relative to false or misleading information;
Amendment 366 #
Motion for a resolution Paragraph 33 33. Calls on the Commission to evaluate platforms’ review systems and to
Amendment 367 #
Motion for a resolution Paragraph 33 33. Calls on the Commission to evaluate platforms’ review systems and to put an end to certain practices, such as fake reviews and the deletion of negative reviews in order to make platforms comply with existing obligations; calls on the Commission to encourage the voluntary adoption of certification schemes provided by independent accredited certifiers to guarantee that each review is genuine;
Amendment 368 #
Motion for a resolution Paragraph 33 33. Calls
Amendment 369 #
Motion for a resolution Paragraph 33 33. Calls on the Commission to
Amendment 37 #
Motion for a resolution Recital E E. whereas numerous online platforms not only provide access to goods and services, but also play a more active role in relation to consumers and other actors, by for example optimising the presentation of content to give knowledge of the activity on their platforms, thus not being entitled to claim for the liability exemption established in the e-Commerce Directive;
Amendment 370 #
Motion for a resolution Paragraph 33 a (new) 33 a. Welcomes the Guidance on the implementation/application of directive 2005/29/EC on Unfair Commercial Practices which recalls that platform should avoid creating the impression that reviews posted through it originate from real users, when it cannot adequately ensure this; calls, therefore, on the Commission and the Member States to encourage the voluntary adoption of certification schemes provided by independent accredited certifiers to guarantee that platforms' review systems are reliable;
Amendment 371 #
Motion for a resolution Paragraph 34 Amendment 372 #
Motion for a resolution Paragraph 34 34. Calls on the Commission to assess the need for and the principles in relation to criteria, which could set the conditions under which online platforms may be made subject to further m
Amendment 373 #
Motion for a resolution Paragraph 34 34. Calls on the Commission to
Amendment 374 #
Motion for a resolution Paragraph 34 34. Calls on the Commission to assess the need for and the principles in relation to criteria, which could set the conditions under which online platforms may be made subject to further monitoring and assisted in order for them to comply with existing obligations and guidelines in a timely manner, in particular in the realm of consumer protection
Amendment 375 #
Motion for a resolution Paragraph 34 34. Calls on the Commission to assess the need for
Amendment 376 #
Motion for a resolution Paragraph 34 a (new) 34 a. Considers that, in order to ensure a balanced approach and avoid the over- regulation, criteria and a market power threshold should be defined to include those platforms that are gatekeepers and control access to the final consumers; considers that a focused legislative instrument, based on principles only applicable to these platforms, should prohibit a certain set of practices, in particular where they are detrimental to consumers and market competitiveness;
Amendment 377 #
Motion for a resolution Paragraph 35 Amendment 378 #
Motion for a resolution Paragraph 35 35. Considers that intellectual property is a legal right that must be protected against the challenges posed by the digital economy and stresses that the technical complications involved should not be an excuse to infringe the rights of authors and creators; calls on the Commission to assess the current Intellectual Property Rights (IPR) Enforcement Directive6 , in order to ascertain how to contribute more effectively to the fight against counterfeiting by adopting proactive, proportionate and effective measures;
Amendment 379 #
Motion for a resolution Paragraph 35 35.
Amendment 38 #
Motion for a resolution Recital E E. whereas numerous online platforms
Amendment 380 #
Motion for a resolution Paragraph 35 35. Calls on the Commission to assess the current Intellectual Property Rights (IPR) Enforcement Directive6 , in order to
Amendment 381 #
Motion for a resolution Paragraph 35 35. Calls on the Commission to
Amendment 382 #
Motion for a resolution Paragraph 35 35. Calls on the Commission to assess the current Intellectual Property Rights (IPR) Enforcement Directive6 , in order to ascertain how to contribute more effectively to the fight against counterfeiting by adopting proactive, proportionate and effective measures
Amendment 383 #
Motion for a resolution Paragraph 35 35. Calls on the Commission to
Amendment 384 #
Motion for a resolution Paragraph 35 a (new) 35 a. Notes that 'crowdsourcing', whereby tasks are outsourced to an undefined crowd of people, can lead to a race to the bottom in terms of cheap labour;
Amendment 385 #
Motion for a resolution Paragraph 35 b (new) 35 b. Points out that plaforms offering services that require intermediary labour often only use 'independept contractors' or self-employed; stresses that this may lead to bogus self-employment, if the platform acts as employer for the same self-employed on a semi-permanent basis; underlines, therefore, the need for platforms depending on labour in order to provide their service to respect the labour conditions as laid down in Directive 2008/104/EC as the minimum standard;
Amendment 386 #
Motion for a resolution Paragraph 35 a (new) 35 a. Stresses the importance of the development of European initiatives with regards to ICT infastructure, such as cloud services and online servers; supports the European Commission in its work towards that direction;
Amendment 387 #
Motion for a resolution Paragraph 36 a (new) 36 a. Considers that online platform reputation management mechanisms based on user assessment provide a great deal of verifiable information regarding the goods or services exchanged; warns, however, of the need to ensure that these mechanisms do not obstruct users seeking to leave the platforms;
Amendment 388 #
Motion for a resolution Paragraph 36 a (new) 36 a. Notes that innovative alternative modes of payment, including virtual currencies, other blockchain type transactions and e-wallets, should not be impeded from being used in related to online platforms transactions;
Amendment 389 #
Motion for a resolution Paragraph 36 b (new) 36 b. Urges the Commission and Member States to consider mechanisms for users' reputations within platforms to be transferred, accompanying users to other competing or complementary platforms, so as to avoid the creation in this connection of barriers to exit or transfer between platforms;
Amendment 39 #
Motion for a resolution Recital E E. whereas numerous online platforms not only provide access to goods and services, but also
Amendment 390 #
Motion for a resolution Paragraph 36 b (new) 36 b. Promotes the option to "by default" not share personal data in all platform online interfaces, unless the consumer allows otherwise;
Amendment 391 #
Motion for a resolution Paragraph 36 c (new) 36 c. Considers it essential to enable mechanisms for users to be able to take all personal data with them when they decide to move to another platform;
Amendment 392 #
Motion for a resolution Paragraph 36 c (new) 36 c. Stresses out the importance of the provisions of the General Data Protection Regulation, including the "right to be forgotten";
Amendment 393 #
Motion for a resolution Paragraph 36 d (new) 36 d. Calls on the Commission to consider to what extent market- dominating companies should be required to give interested parties access to infrastructure-related data;
Amendment 394 #
Motion for a resolution Paragraph 36 d (new) 36 d. Notes the importance of anonymity, when handling personal data for commercial purposes;
Amendment 395 #
Motion for a resolution Paragraph 36 e (new) 36 e. Considers important to inform the user of all access of their mobile device's sensors that online platforms may have; underlines the importance of control by the user of access to their mobile device's sensors;
Amendment 396 #
Motion for a resolution Paragraph 36 f (new) 36 f. Considers the importance of the blockchain technology as means of securing data while giving control to the citizens;
Amendment 397 #
Motion for a resolution Paragraph 36 g (new) 36 g. Promotes the creation of incentives for citizens to share their data with the online platforms;
Amendment 398 #
Motion for a resolution Paragraph 36 h (new) 36 h. Calls for an enhanced role of ENISA in cooperation with the platforms for matters of cybersecurity ensuring that high standards of protection are being implemented;
Amendment 399 #
Motion for a resolution Paragraph 37 Amendment 4 #
Motion for a resolution Citation 8 b (new) - having regard to the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 531/2012 as regards rules for wholesale roaming markets (COM(2016)0399),
Amendment 40 #
Motion for a resolution Recital E E. whereas
Amendment 400 #
Motion for a resolution Paragraph 37 Amendment 401 #
Motion for a resolution Paragraph 37 Amendment 402 #
Motion for a resolution Paragraph 37 37. Notes that online payments offer a level of transparency that helps to protect the rights of consumers and entrepreneurs and could be applied to the collection of data for taxation purposes, for example; notes that transparency facilitates the comparison of prices and transaction costs and increases the traceability of economic transactions; however, warns of the risk of discriminatory application of practices like dynamic prices and calls on the Commission and Member States to carefully assess this way of setting prices on the basis of customer information in order to avoid discrimination and ensure respect of EU consumer law;
Amendment 403 #
Motion for a resolution Paragraph 37 37.
Amendment 404 #
Motion for a resolution Paragraph 37 37. Notes that online payments offer
Amendment 405 #
Motion for a resolution Paragraph 37 a (new) 37 a. Considers that users' trust in digital services is vital to innovation and growth in the digital economy and that reinforcing that trust, i.e. through data protection and security standards, should be at the basis of both public policy and business models;
Amendment 406 #
Motion for a resolution Paragraph 37 a (new) 37 a. Underlines that data created by e- commerce transactions via online platforms should be stored and kept in data centres in the European Union, under the responsibility of the relative Data Protection Authority and in compliance with the provisions of SEPA;
Amendment 407 #
Motion for a resolution Paragraph 37 b (new) 37 b. Stresses that the aforementioned data will be used and remain in the EU, regardless of the location that the seat of the payment company is incorporated, to ensure adequate levels of protection for the consumers and the undertakings, except if legislation lays down efficient relative provisions, and provided that transparent procedures are in place for the user and clear definition of who are the trusted third parties;
Amendment 408 #
Motion for a resolution Paragraph 37 c (new) 37 c. Underlines the importance of ownership of data and the need to make sure that when personal data is processed by the trusted third parties, anonymity is ensured and secured; raises the awareness on the consumer's right to move legally against the online platform and/or the third party in case of non conformity;
Amendment 409 #
Motion for a resolution Paragraph 37 d (new) 37 d. Underlines the importance of simple and clear wording in the platforms' interface in all explanations to the user, and especially when users are deciding which trusted third parties are allowed to use personal data, to clarify the intention of use of data;
Amendment 41 #
Motion for a resolution Recital E E. whereas numerous online platforms not only provide access to goods and services, but also play a
Amendment 410 #
Motion for a resolution Paragraph 38 38. Stresses that a fair and innovation- friendly environment as well as investments in research and development are vital for generating new ideas and innovations; underlines the importance of open data for the development of new online platforms which benefit citizens and consumers; in this regard recalls the adoption of the revision of the Directive on Re-use of Public Sector Information in 2013 and the review of the implementation of this Directive which is due in 2018;
Amendment 411 #
Motion for a resolution Paragraph 38 38. Stresses that a fair and innovation- friendly environment as well as investments in research and development are vital for generating new ideas and innovations; underlines the importance of open data and free flow of data for the development of new online platforms; notes that open, advanced and shared test networks can be an asset for Europe;
Amendment 412 #
Motion for a resolution Paragraph 38 38. Stresses that a fair and innovation- friendly environment as well as investments in research and development are vital for generating new ideas and innovations; underlines the importance of open data, open standards, and to the extent possible open application programming interfaces for
Amendment 413 #
Motion for a resolution Paragraph 38 38. Stresses that a fair, predictable and innovation-
Amendment 414 #
Motion for a resolution Paragraph 38 a (new) 38 a. Considers that the development and improvement of digital skills should take place through major investment in education with a double objective: to form a highly skilled workforce able to retain and create technological jobs and to terminate the digital illiteracy, source of digital divide and exclusion;
Amendment 415 #
Motion for a resolution Paragraph 38 a (new) 38 a. Calls on the Commission to carefully assess whether there is a need for vertical unbundling in the case of integrated services in order to prevent platforms from unfairly extending their market dominance or systemic importance;
Amendment 416 #
Motion for a resolution Paragraph 38 b (new) 38 b. Considers that the high market shares achieved by a small number of players can imply abuse of dominance; calls on the Commission to assess to what extent some platforms can act as gatekeepers and create 'competitive bottlenecks' preventing other online services from reaching potential users;
Amendment 417 #
Motion for a resolution Paragraph 39 Amendment 418 #
Motion for a resolution Paragraph 39 39.
Amendment 419 #
Motion for a resolution Paragraph 39 39. Stresses that, in relation to this specific business model, the traditional reasoning inherent in EU competition law may no longer be fit for purpose and proportionate more flexible and timely solutions for digital markets should be envisaged to complement competition law; stresses the importance of effective enforcement of the existing competition law;
Amendment 42 #
Motion for a resolution Recital E a (new) E a. whereas the current shift towards increasing requirements on online platforms to police the content without due process and the diverging interpretations of EU law on secondary liability of platforms are highly detrimental to innovation and citizens' fundamental rights;
Amendment 420 #
Motion for a resolution Paragraph 39 39. Stresses that
Amendment 421 #
Motion for a resolution Paragraph 40 40. Is concerned about problematic B2B practices by online platforms, such as a lack of transparency (e.g. in search results) and possible abuses of the dual role of platforms as intermediaries and competitors; notes that this dual role can create economic incentives for online platforms to discriminate in favour of their own products and services and impose discriminating B2B terms, such as pricing policies; stresses, therefore, that there is a risk that online platforms start functioning as gatekeepers;
Amendment 422 #
Motion for a resolution Paragraph 40 40. Is concerned about problematic
Amendment 423 #
Motion for a resolution Paragraph 40 40. Is concerned about problematic B2B practices by online platforms, such as a lack of transparency (e.g. in search results) and possible abuses of dominant positions and of the dual role of platforms as intermediaries and competitors; calls on the Commission to take appropriate measures in this regard;
Amendment 424 #
Motion for a resolution Paragraph 40 40. Is concerned about problematic B2B practices by online platforms, such as a lack of transparency
Amendment 425 #
Motion for a resolution Paragraph 40 40. Is concerned about problematic B2B practices by some online platforms, such as a lack of transparency (e.g. in search results
Amendment 426 #
Motion for a resolution Paragraph 40 40. Is concerned about problematic B2B practices by online platforms, such as a lack of transparency (e.g. in search results), market distortion and possible abuses of the dual role of platforms as intermediaries and competitors;
Amendment 427 #
Motion for a resolution Paragraph 40 a (new) 40 a. Calls on the Commission to propose a pro-growth, pro-consumer, targeted legislative framework for B2B relations based on principles to prevent abuse of market power and ensure that platforms that serve as a gateway to a downstream market do not become gatekeepers; resolves that such a framework should prevent detriment to consumer welfare, promote competition and innovation; further recommends that this framework be technology neutral and capable of addressing existing risks, for example in relations to market for mobile operating system but also future risks with new internet-driven technologies like IoT or artificial intelligence, which will place platforms even more squarely between online businesses and consumers;
Amendment 428 #
Motion for a resolution Paragraph 40 a (new) 40 a. Notes that where platforms play this dual role, they have economic incentives to discriminate in favour of their own products and services, to the detriment of consumers competition and innovation; notes that this conduct can take various forms, including restricting communication with consumers, imposing discriminatory pricing policies and other B2B terms that reduce the visibility and viability of competing services;
Amendment 429 #
Motion for a resolution Paragraph 40 a (new) 40 a. Takes the view that metadata comparison services are particularly important in order to guarantee the comparability of offers to the consumer and to enable different companies to compete freely; calls, therefore, on the Commission to address possible anti- competitive practices that may be developing on these platforms and which infringe the rights of consumers and businesses;
Amendment 43 #
Motion for a resolution Recital E a (new) E a. whereas some online platforms serve as gateways, concerns arise when they become gatekeepers, in particular where they also compete directly in downstream markets, for which they control access to;
Amendment 430 #
Motion for a resolution Paragraph 40 a (new) 40 a. Notes the intention of the Commission to study the B2B relationship between online platforms and their clients and awaits with interest the conclusions from this investigation; considers that adequate protections should be guaranteed to guard against unfair practices, in particular where these close down innovation or hinder competitive market entry;
Amendment 431 #
Motion for a resolution Paragraph 40 b (new) 40 b. Welcomes the targeted fact-finding exercise on B2B practices to be conducted by Commission by spring 2017 and urges to present effective steps to ensure fair competition;
Amendment 432 #
Motion for a resolution Paragraph 41 41. Underlines that EU competition law and authorities need to guarantee a level playing field where appropriate, including in respect of consumer protection and tax issues; calls on the Commission to assess whether businesses which provide comparable services in the traditional economy and on online platforms can be subject to similar tax obligations, and is convinced that profits should be taxed in the Member State in which the economic activity takes place and profits are generated;
Amendment 433 #
Motion for a resolution Paragraph 41 41. Underlines that EU competition law and authorities need to guarantee a level playing field
Amendment 434 #
Motion for a resolution Paragraph 41 41. Underlines that EU competition law and authorities need to guarantee a level playing field where appropriate, including in respect of consumer protection
Amendment 435 #
Motion for a resolution Paragraph 42 42.
Amendment 436 #
Motion for a resolution Paragraph 42 42.
Amendment 437 #
Motion for a resolution Paragraph 42 42. Welcomes the efforts made by the Commission to fight tax avoidance and
Amendment 438 #
Motion for a resolution Paragraph 42 42. Welcomes the efforts made by the Commission to fight tax avoidance and
Amendment 439 #
Motion for a resolution Paragraph 43 Amendment 44 #
Motion for a resolution Recital E a (new) E a. whereas online platforms empower the citizen's participation in society and democracy, as they facilitate access to information and debate forums across borders;
Amendment 440 #
Motion for a resolution Paragraph 43 43. Points to the differences in the legal landscape in the 28 Member States and the specificities of the digital sector in which the physical presence of a company in the country of the market is often not needed and calls on the Member States to adjust the value-added tax (VAT) system according to the country-of-destination principle7 ; considers that this would be more adapted to the digital environment and would make easier for tax administrations to collect it; _________________ 7 European Parliament resolution of 24 November 2016 on towards a definitive VAT system and fighting VAT fraud, P8_TA(2016)0453.
Amendment 441 #
Motion for a resolution Paragraph 43 43. Points to the differences in the legal landscape in the 28 Member States and the specificities of the digital sector in which the physical presence of a company in the country of the market is often not needed and calls on the Member States to
Amendment 442 #
Motion for a resolution Paragraph 43 43. Points to the differences in the legal landscape in the 28 Member States and the specificities of the digital sector in which the physical presence of a company in the country of the market is often not needed and calls on the Member States to adjust the value-added tax (VAT) system according to the country-of-destination principle
Amendment 443 #
Motion for a resolution Paragraph 43 a (new) 43 a. Calls for the same tax rules to be applied for all companies providing comparable services regardless of whether they offer them online or offline; calls for ensuring that all companies including digital ones pay their taxes in the place where they obtain the economic benefit for their activity;
Amendment 444 #
Motion for a resolution Paragraph 43 a (new) 43 a. Warns of a tendency for online platforms to generate monopoly markets and urges the Commission and the Member States accordingly to be vigilant in order to avert the harmful effects of these anticompetitive practices;
Amendment 445 #
Motion for a resolution Paragraph 43 b (new) 43 b. Underlines the importance to prevent the creation of monopolies in platform economy, which are non- transparent and resulting in an asymmetrical relationship between platforms, service providers and consumers;
Amendment 446 #
Motion for a resolution Paragraph 43 c (new) 43 c. Encourages the Commission to create a level playing field among online platforms, which highlights the importance of identifying and mitigating market barriers; in particular, stresses the importance to guarantee the free flow of data, data portability and interoperability between the market platforms; considers that these measures would ensure that market participants, whether service providers or consumers, could subject the market platform itself into competition;
Amendment 447 #
Motion for a resolution Paragraph 43 d (new) 43 d. Remarks the need to ensure platform neutrality, by prohibiting practices such as granting access to a platform tied to an obligation to also use other services provided by the platform, especially where a platform acts as a provider of a rival product;
Amendment 448 #
Motion for a resolution Paragraph 44 44. Regrets that the EU’s presence in the world market is barely felt, in particular due to the current fragmentation of the digital market, legal uncertainty, the inability to attract investment from outside the EU and the lack of financing and capacity to market technological innovations, which make it difficult for European companies to become world leaders in this new economy and for start- ups to find an environment that fosters full development and local job creation;
Amendment 449 #
Motion for a resolution Paragraph 44 44. Regrets that the EU’s presence in the world market is barely felt, in particular due to
Amendment 45 #
Motion for a resolution Recital F F. whereas the Commission is carrying out a number of assessments of consumer protection rules and B2B practices and should also further consider the consumer-to-consumer (C2C) practices;
Amendment 450 #
Motion for a resolution Paragraph 44 44. Regrets that the EU’s presence in the world market is barely felt, in particular due to the current fragmentation of the digital market, legal uncertainty and the lack of financing and capacity to market technological innovations, which make it difficult for European companies to become world leaders in this new globally competitive economy;
Amendment 451 #
Motion for a resolution Paragraph 44 44. Regrets that the EU’s presence in the world market is
Amendment 452 #
Motion for a resolution Paragraph 44 44. Regrets that
Amendment 453 #
Motion for a resolution Paragraph 44 44. Regrets that the
Amendment 454 #
Motion for a resolution Paragraph 44 a (new) 44 a. Calls on the Commission to propose a targeted legislative framework for B2B relations based on principles of consumer welfare, promoting competition and innovation, prevent abuses of market power and ensure that platforms that serve as a gateway to a downstream market do not become gatekeepers; such legislation should be technology neutral and capable of addressing existing and foreseeable risks;
Amendment 455 #
Motion for a resolution Paragraph 44 b (new) 44 b. Welcomes the Commission's announcement to explore options to increase the re-use of machine-generated data such as fostering the development of technical solutions for reliable identification and exchange of data, default contract rules coupled with introducing an unfairness control in B2B contractual relationships or data access for public interest and scientific purposes; however warns against the introduction of a "data producer" right to use and authorise the use of non-personal data, which would create additional and unnecessary barriers to the re-use of data and significantly raise transaction costs;
Amendment 456 #
Motion for a resolution Paragraph 45 45. Calls for the European institutions to
Amendment 457 #
Motion for a resolution Paragraph 45 45. Calls for the European institutions to
Amendment 458 #
Motion for a resolution Paragraph 45 45. Calls for the European institutions and national institutions to ensure a level playing field between European and non- European operators
Amendment 459 #
Motion for a resolution Paragraph 45 a (new) 45 a. Points out that investment in education and innovation are key for the EU to compete successfully on the global markets while maintaining high levels of employment under fair conditions; stresses that social consequences of market opening must not only be addressed but foreseen and absorbed in a way that workers have the skills and tools needed to adapt to new challenges; considers therefore essential to invest in education and life long learning;
Amendment 46 #
Motion for a resolution Recital F F. whereas the Commission is carrying out a number of assessments of consumer protection rules and B2B practices engaged in by online platforms towards their business users;
Amendment 460 #
Motion for a resolution Paragraph 45 a (new) 45 a. Considers that the EU must now establish a positive agenda to imagine the world of tomorrow and carve out a central role within it;
Amendment 461 #
Motion for a resolution Paragraph 45 b (new) 45 b. Believes that Europe has the potential to become a major player in the digital world and considers that the EU should pave the way for an innovation- friendly climate in Europe by ensuring a watertight legal framework protecting all stakeholders;
Amendment 462 #
Motion for a resolution Paragraph 45 c (new) 45 c. Calls on the European Institutions to foster the development of European start-ups and help set up market-leading European online platforms, provide suitable financing arrangements, protect consumers (e.g. by establishing a European fairness rating agency with legal and technical expertise for instance), and adopt the necessary rules;
Amendment 47 #
Motion for a resolution Recital F a (new) F a. whereas 5G will greatly increase the number and the usability of online platforms, essentially putting digital development at the core of societal development, which in turn underlines the need for future-proof legislation aimed at creating competitive and dynamic market conditions;
Amendment 48 #
Motion for a resolution Recital F a (new) F a. whereas platforms play a strategic and irreplaceable role in the connected society; whereas a number of digital platforms occupy dominant competitive positions in their respective sectors, thus posing serious concerns regarding market dominance and antitrust law;
Amendment 49 #
Motion for a resolution Recital F a (new) F a. whereas a high and consistent level of consumer protection and satisfaction across all digital services necessarily entails choice, flexibility, information and trust in a secure online environment with high-level of data protection;
Amendment 5 #
Motion for a resolution Citation 17 a (new) - having regard to the 'ICT sector Guide on implementing the UN Guiding Principles on Business and Human Rights' published by the Commission in June 2013,
Amendment 50 #
Motion for a resolution Recital F a (new) F a. whereas numerous consultations with consumers and other stakeholders have proved that the terms of use and conditions provided by internet platforms in many cases are lacking clarity and user-friendly form;
Amendment 51 #
Motion for a resolution Recital F b (new) F b. whereas some online platforms serve as gateways, serious concerns arise when they become gatekeepers restricting access to consumers and to business opportunities, in particular where they also compete directly in downstream markets, for which they control access to ;
Amendment 52 #
Motion for a resolution Recital F b (new) F b. whereas Europe is a significant global actor in the app economy with EU developers accounting for 42% of global consumer app revenue and being the second world player in terms of the number of app downloads;
Amendment 53 #
Motion for a resolution Recital F c (new) F c. whereas Europe is very good at inventing new technologies and digital concepts but struggles with the commercialization of ideas, including in the area of online platforms where its performance is poor;
Amendment 54 #
Motion for a resolution Recital F d (new) F d. whereas according to a 2016 study on the rise of the platform enterprise only 25 of the total 176 platforms studied were European, accounting for a little over 4% of market value;
Amendment 55 #
Motion for a resolution Recital F e (new) F e. whereas some forecasts predict that by 2020, the main online marketplaces may account for up to 40% of the retail market globally;
Amendment 56 #
Motion for a resolution Recital F f (new) F f. whereas according to the Report on EU customs enforcement of IPR - 2015, customs authorities made over 81.000 detentions, consisting of a total of 43,7 million articles with a domestic retail value of the detained articles representing over 640 million euros; whereas in the last decennium the number of applications lodged by right-holders requesting customs to take action in cases where a suspicion exists that an IPR is infringed has tripled;
Amendment 57 #
Motion for a resolution Recital F g (new) F g. whereas creativity and innovation are the drivers of the digital economy and whereas it is therefore essential to ensure a high level of protection of intellectual property rights;
Amendment 58 #
Motion for a resolution Recital F h (new) F h. whereas there is a necessity of a coherent EU approach to tackle the risk of fragmentation of the Digital Single Market since some Member States are already introducing specific measures to counter unfair trading practices;
Amendment 59 #
Motion for a resolution Recital F i (new) F i. whereas the increasing digitalisation on the world of work is having a major impact in redefining jobs, modes of organisation and contractual relations between workers and businesses; whereas there is a need to ensure full compliance with labour and social rights in the digital world of work;
Amendment 6 #
Motion for a resolution Citation 21 a (new) - having regard to the opinion of the European Economic and Social Committee on the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Online Platforms and the Digital Single Market - Opportunities and Challenges for Europe,
Amendment 60 #
Motion for a resolution Recital F j (new) F j. whereas there is an urgent need to tackle all the fiscal aspects related to the activity of online platforms, in order to guarantee that taxes are paid where revenues are generated and services are provided and eradicate special tax treatments that allow certain enterprises, such as some technology giants, to reduce the payment of taxes to a minimum;
Amendment 61 #
Motion for a resolution Paragraph -1 (new) -1. Notes that, although Europe still has major firms active in the hardware and software sectors, those firms need colossal amounts of funds if they are to invest and remain competitive internationally; points out, by way of an example, that constructing a plant to manufacture microprocessors less than 20 nanometres in size costs several billion euros; regards it as vital to the independence of European States that such manufacturing should continue in Europe, through STMicroelectronics, and that the manufacturing of industrial software should continue in Europe, through SAP and Dassault systems, so that the EU retains expertise in this sector;
Amendment 62 #
Motion for a resolution Paragraph -1 a (new) -1a. Emphasises that investment in technologies developed and manufactured in Europe by European firms and not by subsidiaries of US or Asian oligopolies, is vital to the development of independent European platforms which guarantee States and citizens the highest possible degree of data security by preventing the use of 'back doors' and spy ware linked to the implementation of the Patriot Act or Chinese security legislation (in particular Article 25 of the law on national security of the People's Republic of China);
Amendment 63 #
Motion for a resolution Paragraph 1 1. Welcomes the communication on ‘Online Platforms and the Digital Single Market - Opportunities and Challenges for Europe’; shares the four principles established as a general rule when elaborating responses to issues related to online platforms but regrets the absence of the social dimension of online platforms; demands the inclusion of a fifth principle taking into account the need to guarantee fair working conditions, adequate social protection, occupational health and safety, training, collective bargaining and union rights to all platforms' workers;
Amendment 64 #
Motion for a resolution Paragraph 1 1. Welcomes the communication on ‘Online Platforms and the Digital Single Market - Opportunities and Challenges for Europe’; regrets, however, that this communication limits the role of platforms to mere intermediaries between service providers and consumers and renounces to take a more active role in regulating this new economy;
Amendment 65 #
Motion for a resolution Paragraph 2 2. Welcomes the different initiatives already proposed under the Digital Single Market Strategy for Europe; regrets, however, the lack of coordination and consistency between some of these initiatives; considers that achieving a digital single market is essential for fostering the EU’s competitiveness and the growth of the digital economy in Europe;
Amendment 66 #
Motion for a resolution Paragraph 2 2. Welcomes the different initiatives already proposed under the Digital Single Market Strategy for Europe; considers that achieving a digital single market is essential for fostering the EU’s competitiveness, creating high-quality and highly skilled jobs and the growth of the digital economy in Europe;
Amendment 67 #
Motion for a resolution Paragraph 2 2. Welcomes the different initiatives already proposed under the Digital Single Market Strategy for Europe; considers that achieving a digital single market is essential for fostering the EU’s competitiveness and the growth of the digital economy in Europe and benefits SMEs;
Amendment 68 #
Motion for a resolution Paragraph 2 2.
Amendment 69 #
Motion for a resolution Paragraph 2 a (new) 2 a. Reminds that the backbone of a competitive and inclusive Digital Single Market is an affordable access to high quality broadband infrastructure for all;
Amendment 7 #
Motion for a resolution Recital -A (new) -A. whereas the raison d'être of the digital single market is to avoid fragmentation between national legislations and to abolish technical, legal and tax barriers to allow businesses, citizens and consumers to fully benefit from digital tools and services;
Amendment 70 #
Motion for a resolution Paragraph 3 3. Acknowledges that online platforms benefit today’s digital economy and society by increasing the choices available to consumers and creating and shaping new markets;
Amendment 71 #
Motion for a resolution Paragraph 3 3. Acknowledges that online platforms benefit today
Amendment 72 #
Motion for a resolution Paragraph 3 3. Acknowledges that online platforms benefit today
Amendment 73 #
Motion for a resolution Paragraph 3 3. Acknowledges that online platforms benefit today’s digital economy and society by increasing the choices available to consumers and creating and shaping new markets; points out, however, that online platforms present new policy and regulatory challenges, such as dealing with fake news, fake accounts, fake followers or social bots;
Amendment 74 #
Motion for a resolution Paragraph 3 3. Acknowledges that online platforms benefit today
Amendment 75 #
Motion for a resolution Paragraph 3 3. Acknowledges that online platforms benefit today’s digital economy and society by increasing the choices available to consumers and creating and shaping new markets; points out, however, that online platforms present new ethical, policy and regulatory challenges;
Amendment 76 #
Motion for a resolution Paragraph 3 3. Acknowledges that online platforms benefit today’s digital economy and society by increasing the choices available to consumers and creating and shaping new markets; points out, however, that online platforms present possible new policy and regulatory challenges;
Amendment 77 #
Motion for a resolution Paragraph 3 a (new) 3 a. Believes that better regulation in the digital age requires principle-based legislation coupled with complementary non-regulatory actions to effectively adapt to new technologies and new business models to prevent fragmentation of the single market;
Amendment 78 #
Motion for a resolution Paragraph 4 4. Recalls that, although many pieces of EU legislation apply to online platforms, it is frequently the case that they are not enforced properly or have not been adapted to the online world; stresses that the Union should support the development of the digital economy by clarifying the applicable legal provisions and shape its course in a socially just, balanced and sustainable manner;
Amendment 79 #
Motion for a resolution Paragraph 4 4. Recalls that
Amendment 8 #
Motion for a resolution Recital A A. whereas digitalisation and new technologies have changed forms of communication and the behaviour of consumers and companies; whereas a new economic paradigm appears, the digital era or the fourth industrial revolution that is based on the digitisation of all facets of the economy and society;
Amendment 80 #
Motion for a resolution Paragraph 4 4. Recalls that, although many pieces of EU legislation apply to online platforms, it is frequently the case that they are not enforced properly or have not been adapted to the online world; believes, therefore, that a consideration should be given to the question of whether there is a need to complement the current legal framework in order to remedy this situation;
Amendment 81 #
Motion for a resolution Paragraph 4 4. Recalls that, although many pieces of EU legislation apply to online platforms, it is frequently the case that they are not enforced properly or
Amendment 82 #
Motion for a resolution Paragraph 4 4. Recalls that, although many pieces of EU legislation apply to online platforms, it is frequently the case that they are not enforced properly or have not been adapted to the online world; calls on the Commission to urgently and properly assess and identify where a regulatory intervention is most needed;
Amendment 83 #
Motion for a resolution Paragraph 4 4. Recalls that, although many pieces of EU legislation, inter alia competition, data protection and consumer protection rules, apply to online platforms, it is frequently the case that they are not enforced properly or have not been adapted to the online world;
Amendment 84 #
Motion for a resolution Paragraph 4 4. Recalls that, although many pieces of EU legislation apply to online platforms, it is frequently the case that
Amendment 85 #
Motion for a resolution Paragraph 4 4. Recalls that, although many pieces of EU legislation apply to online platforms,
Amendment 86 #
Motion for a resolution Paragraph 4 a (new) 4 a. Calls on the Commission to examine in how far existing Union regulations are applicable to the digital labour market and ensure the adequate implementation and enforcement; calls on the Member States, in collaboration with social partners and other relevant stakeholders, to assess, in a proactive way and based on the logic of anticipation, the need for the modernisation of existing legislation, including social security systems, to stay abreast of the technological development while ensuring the protection of workers;
Amendment 87 #
Motion for a resolution Paragraph 4 a (new) 4 a. Encourages the Commission to assess the current legal framework with regard to online platforms, and take into account the analysis in the academic paper with the title 'Discussion Draft of a Directive on Online Intermediary Platforms' presented at the Eleventh Meeting of the IMCO Working Group on the Digital Single Market;
Amendment 88 #
Motion for a resolution Paragraph 4 a (new) 4 a. Considers that EU legislation should be guided by the concept of "as little as possible and as much as necessary", which means necessity of rules fitting for digital age and open and technologically neutral enough to accommodate future developments;
Amendment 89 #
Motion for a resolution Paragraph 5 5. Notes that there is currently no consensus on the definition of online platforms due to the multitude of different types of platforms, which may lead to fragmentation of the EU’s internal market; believes, therefore, that in addition to rules laying down some general principles covering all types of platforms, it will be necessary to specify within any legislative initiative how this will work out for individual types of platforms;
Amendment 9 #
Motion for a resolution Recital A A. whereas digitalisation and new technologies have changed forms of communication and the behaviour of consumers and companies, and whereas the ability to exercise control over these technologies is fundamental to safeguarding the sovereignty, independence and freedom of peoples;
Amendment 90 #
Motion for a resolution Paragraph 5 5. Notes that there is currently no consensus on the definition of online platforms due to the multitude of different types of platforms
Amendment 91 #
Motion for a resolution Paragraph 5 5.
Amendment 92 #
Motion for a resolution Paragraph 5 5. Notes that there is currently no consensus on
Amendment 93 #
Motion for a resolution Paragraph 5 5.
Amendment 94 #
Motion for a resolution Paragraph 5 5. Notes that there is currently no consensus on
Amendment 95 #
Motion for a resolution Paragraph 5 5. Notes that there is currently no consensus on the definition of online platforms due to the multitude of different types of platforms,
Amendment 96 #
Motion for a resolution Paragraph 5 5. Notes that
Amendment 97 #
Motion for a resolution Paragraph 5 5. Notes that
Amendment 98 #
Motion for a resolution Paragraph 5 a (new) 5 a. Stresses the need for a clear distinction between 'commercial' and 'non-commercial' platforms in order to ensure a level playing field as well as a clear distinction between non-professional peer to peer activity where most expenses are shared and goods and service providers acting in their professional capacity or gaining an income through the activity; calls on the Commission to encourage the Member States to develop sector specific definitions and thresholds, in collaboration with relevant stakeholders, in this regard; underlines the importance to recognise remunerated services provision in the platform economy as 'work' regardless of the terminology ('gigs', 'tasks', 'giving rides' etc.);
Amendment 99 #
Motion for a resolution Paragraph 5 a (new) 5 a. Considers that, in view of the rapidly evolving markets and the diversity of platforms ranging from non-profit platforms to B2B platforms and encompassing different services, sectors and a vast variety of actors, there is no clear definition of platforms, and a 'one- size-fits-all' approach could seriously impede innovation and put European companies at a competitive disadvantage in the global economy;
source: 602.752
2017/04/07
JURI
81 amendments...
Amendment 1 #
Draft opinion Recital A A. whereas online platforms (hereinafter ‘platforms’) are information society service providers, that play a role of intermediation within a given digital ecosystem, and cover a wide range of actors involved in numerous economic activities and are therefore not subject to any clear and precise definition, the formulation of which
Amendment 10 #
Draft opinion Recital B B. whereas the emergence of platforms, by fostering the relationship between service providers, workers and consumers, presents opportunities and challenges and results in the shaping of both new and existing markets, which may at times have a disruptive effect on the economic value of such markets;
Amendment 11 #
Draft opinion Recital B B. whereas the emergence of platforms, by fostering the relationship between service providers and consumers, results in the shaping of both new and existing markets, which may at times have a disruptive effect on the economic value of such markets; considering that such disruptive effect on the market of intellectual property rights cannot justify the adoption of rules departing from the general framework applicable to intermediaries and to platforms;
Amendment 12 #
Draft opinion Recital C C. whereas a level playing field should exist for platforms and for businesses using their services, in order to ensure that the same substantial rules apply to services having a substitute character and to stimulate innovation and prosperity;
Amendment 13 #
Draft opinion Recital D D. whereas some platforms provide services considered substitute for services offered in the traditional manner and therefore they could be in the position to compete with operators who are subject to specific regulatory constraints without themselves being formally governed by such constraints
Amendment 14 #
Draft opinion Recital D a (new) Da. whereas the digitalisation of the economy entails an important tax-basis erosion; whereas platforms’ revenues should be taxed where profits are realized;
Amendment 15 #
Draft opinion Recital D a (new) Da. whereas in order to put an end to the copyright related ambiguity between active user-uploaded content platforms and those having an activity of mere intermediaries, it is necessary to clarify that the limited liability provided by Article 14 of the E-Commerce Directive is only applicable to platforms having a passive intermediary role, that is to say without intervening in the organisation, optimisation or promotion of the content;
Amendment 16 #
Draft opinion Recital E E. whereas the liability regime laid down in the e-commerce directive
Amendment 17 #
Draft opinion Recital E E. whereas the liability regime laid down in the e-commerce directive, which represents a fundamental aspect of it, is applicable to online service providers only under specific conditions
Amendment 18 #
Draft opinion Recital E a (new) Ea. whereas the limited liability of intermediaries is essential to the protection of the openness of the internet, fundamental rights, legal certainty and innovation;
Amendment 19 #
Draft opinion Recital F Amendment 2 #
Draft opinion Recital A A. whereas online platforms (hereinafter ‘platforms’) cover a wide range of actors involved in numerous economic activities, such as e-commerce, media, search engines, collaborative economy, distribution of cultural content or social networks, and are therefore not subject to any clear and precise definition, the formulation of which would be the first step of a sectoral regulation process;
Amendment 20 #
Draft opinion Recital F F. whereas
Amendment 21 #
Draft opinion Recital F F. whereas
Amendment 22 #
Draft opinion Recital F F. whereas, by giving intellectual property rights (IPR) infringers easy access to consumers, active platforms allow a substantial number of infringements to take place, leading to an uneven and unfair sharing of value all along the supply chain;
Amendment 23 #
Draft opinion Recital F a (new) Fa. whereas despite the fact that more creative content is being consumed today than ever before, on services such as user- uploaded content platforms and content aggregation services, the creative sectors have not seen a comparable increase in revenues from this increase in consumption; whereas one of the main reasons is being referred to as a transfer of value that has emerged due to the lack of clarity regarding the status of these online services under copyright and e- commerce law; whereas an unfair market has been created, threatening the development of the Digital Single Market and its main players: the cultural and creative industries;
Amendment 24 #
Draft opinion Recital F a (new) Fa. whereas online platforms should offer more opportunities, fair conditions and legal certainty to consumers whose rights must always be protected;
Amendment 25 #
Draft opinion Recital F a (new) Fa. whereas the protection of intellectual property rights cannot lead to neither the simplistic criminalisation of certain new activities, taking into account their extension and social acceptance, nor a disproportionate, unfair and socially costly enforcement;
Amendment 26 #
Draft opinion Recital G G. whereas loyalty, responsibility, fairness and transparency should be key guiding principles for platforms in building trust with their consumers and with their business partners;
Amendment 27 #
Draft opinion Recital G G. whereas
Amendment 28 #
Draft opinion Recital G G. whereas
Amendment 29 #
Draft opinion Recital G G. whereas loyalty and transparency should be key guiding principles for platforms, as for any other economic activity and business, in building trust with their consumers and with their business partners;
Amendment 3 #
Draft opinion Recital A A. whereas online platforms (hereinafter ‘platforms’) cover a wide range of actors involved in numerous and different economic activities, including collaborative economies and not-for-profit activities, and are therefore not subject to any
Amendment 30 #
Draft opinion Recital G a (new) Ga. whereas the insufficient clarity and transparency of the aspects of data collection by the platforms contributes to the increase of legal uncertainty and lack of consumer confidence in them;
Amendment 31 #
Draft opinion Recital G a (new) Ga. whereas platforms can have double roles as intermediaries but also competitors which can potentially lead to abuse;
Amendment 32 #
Draft opinion Recital G b (new) Gb. whereas a duty of care should be imposed under certain conditions to online service providers to detect and prevent illegal activities on platforms by any technically reliable means;
Amendment 33 #
Draft opinion Recital G c (new) Gc. whereas online counterfeiting is becoming increasingly sought after by criminal organizations as it is more profitable and has a smaller risk of incurring criminal penalties than racketeering or drug trafficking;
Amendment 34 #
Draft opinion Paragraph 1 1. Welcomes the Commission communication on platforms and all action taken so far; recognises the importance of establishing a general framework to define platforms which should guarantee a legal certainty for users and workers; stresses the need for a clear distinction between 'commercial' and 'non- commercial' platforms in order to ensure a level playing field as well as a clear distinction between non-professional peer to peer activity where most expenses are shared and goods and service providers acting in their professional capacity or gaining an income through the activity; calls on the Commission to encourage the Member States to develop sector specific definitions and thresholds, in collaboration with relevant stakeholders, in this regard; underlines the importance to recognise remunerated services provision in the platform economy as 'work' regardless of the terminology ('gigs', 'tasks', 'giving rides' etc.);
Amendment 35 #
Draft opinion Paragraph 1 1.
Amendment 36 #
Draft opinion Paragraph 1 a (new) 1a. Stresses the urgent need for clarification of the status of platforms that play an active role in public communication and the reproduction of protected works;
Amendment 37 #
Draft opinion Paragraph 2 2. S
Amendment 38 #
Draft opinion Paragraph 2 2. Supports the need to
Amendment 39 #
Draft opinion Paragraph 2 2. Supports the need to increase the responsibility of platforms given the high public profile some have achieved and their importance in terms of economic and bargaining power; calls on the Commission to clearly define liability for online platforms;
Amendment 4 #
Draft opinion Recital A a (new) Aa. whereas more clarification is needed on what constitutes an active or passive nature of platforms, in the sense of the e-commerce directive, as a first step to submit them to a regulatory framework that would enhance their liability and the reliability of their services;
Amendment 40 #
Draft opinion Paragraph 2 2. Supports the need to increase the responsibility of platforms given the high public profile some have achieved and their importance in terms of economic and bargaining power, leading to potential market abuses;
Amendment 41 #
Draft opinion Paragraph 2 a (new) 2a. Highlights that liability exemptions can only apply to genuinely neutral and passive online providers, and not to services that play an active role in distributing, promoting and monetising content at the expense of creators;
Amendment 42 #
Draft opinion Paragraph 2 a (new) 2a. Believes that differing national or local rules for online platforms create uncertainty for economic operators, limit access to digital services, and generate confusion for users and businesses;
Amendment 43 #
Draft opinion Paragraph 2 b (new) 2b. Emphasizes the importance of establishing a suitable and balanced regulatory framework for online platforms in the digital single market, that could help generate a climate of trust for both businesses and the general public, enabling them engage confidently with online platforms, given the need to adopt flexible and sustainable policy-making and regulatory approaches that respond directly to challenges arising;
Amendment 44 #
Draft opinion Paragraph 3 3. Calls for a regulatory framework that would guarantee
Amendment 45 #
Draft opinion Paragraph 3 3. Calls for a regulatory framework that would guarantee loyalty and transparency towards business partners and consumers in relation to, inter alia, access to the service, appropriate and fair referencing, and the functioning of relevant application programming interfaces, on the basis of compliance principles applicable to platforms; recalls in this respect the importance of interoperability and free software to achieve transparency and fair competition;
Amendment 46 #
Draft opinion Paragraph 3 3. Calls for a regulatory framework that would guarantee loyalty and transparency towards business partners in relation to, inter alia, access to the service, appropriate and fair referencing, search results and the functioning of relevant application programming interfaces;
Amendment 47 #
Draft opinion Paragraph 3 3. Calls for a regulatory framework that would guarantee loyalty, responsibility, fairness and transparency towards business partners in relation to, inter alia, access to the service, appropriate and fair referencing, and the functioning of relevant application programming interfaces;
Amendment 48 #
Draft opinion Paragraph 3 3. Calls for a regulatory framework that would guarantee
Amendment 49 #
Draft opinion Paragraph 3 3. Calls for an appropriate and proportional regulatory framework that would guarantee loyalty and transparency towards both consumers and business partners in relation to, inter alia, access to the service, appropriate and fair referencing, and the functioning of relevant application programming interfaces;
Amendment 5 #
Draft opinion Recital A a (new) Aa. whereas the intermediaries of yesterday have become today’s providers of content and play an essential role in terms of access to content including cultural and audiovisual content;
Amendment 50 #
Draft opinion Paragraph 3 a (new) 3a. Supports the need for increase of the transparency and awareness of consumers and other users in connection with the collection of data and considers that the regulatory framework should contribute to the provision of legal certainty and for the increase of the level of consumer protection;
Amendment 51 #
Draft opinion Paragraph 3 a (new) 3a. Calls on platforms to take appropriate measures to ensure the proper functioning of contractual agreements concluded with right holders for the use of copyright protected works, such as the installation of effective content recognition technologies, where appropriate;
Amendment 52 #
Draft opinion Paragraph 3 a (new) 3a. Calls for a regulatory framework that would guarantee, inter alia, a level playing field for comparable digital services, online platforms that perform responsibly and measures to maintain and develop open and non-discriminatory markets, so as to to foster a data-driven economy, promoting a climate of trust and transparency and ensuring fairness in the EU;
Amendment 53 #
Draft opinion Paragraph 3 a (new) 3a. Calls for the introduction of dispute resolution mechanisms for improving redress for business partners and users of platforms;
Amendment 54 #
Draft opinion Paragraph 3 b (new) 3b. Calls on the Commission to promote enforcement mechanisms which would help Member States to take steps towards a better law enforcement applicable to platforms, in order to ensure the implementation of relevant social, fiscal and sectorial policies;
Amendment 55 #
Draft opinion Paragraph 3 c (new) 3c. Considers that digital platforms are means of providing wider access to cultural and creative works and offer great opportunities for cultural and creative industries to develop new business models; highlights that consideration is to be made of how this process can function with more legal certainty and respect for right holders; underlines the importance of transparency and of ensuring a fair level playing field; considers in this regard that protection of right holders within the copyright and intellectual property framework is necessary in order to ensure recognition of values and stimulation of innovation, creativity, investment and production of content;
Amendment 56 #
Draft opinion Paragraph 3 a (new) Amendment 57 #
Draft opinion Paragraph 3 b (new) 3b. Considers that platform operators should provide the consumer with fair, clear and transparent information concerning: - the general terms and conditions of use of the service; and - the procedures for referencing, classifying and dereferencing content, goods or services online;
Amendment 58 #
Draft opinion Paragraph 3 c (new) 3c. When providing for an interface for businesses and consumers, the operator of the platform should provide businesses with a space enabling them to communicate to consumers all mandatory and necessary information relating to contracts concluded at a distance and to contracts for the supply of digital content, for example those relating to the right of withdrawal and the right to remedies;
Amendment 59 #
Draft opinion Paragraph 3 d (new) 3d. Welcomes the Commission's announcement to maintain the existing intermediary liability regime enshrined in the e-commerce directive, which is vital for the development of European platforms; Calls on the Commission to come forward with a legislative proposal to clarify the procedures for notice-and- action applicable to platforms, which could enhance responsible behaviour and increase user confidence;
Amendment 6 #
Draft opinion Recital A a (new) Aa. whereas a suitable and balanced regulatory framework for the digital economy could help further sustainable development and scaling-up of the platform business model in the European Union;
Amendment 60 #
Draft opinion Paragraph 4 4. Considers that platforms on which a
Amendment 61 #
Draft opinion Paragraph 4 4. Considers that platforms
Amendment 62 #
Draft opinion Paragraph 4 4. Considers that when platforms con
Amendment 63 #
Draft opinion Paragraph 4 4. Considers that platforms on which a large volume of works are stored and made available to the public should conclude licence agreements with relevant right- holders, so as to guarantee, inter alia, fair remuneration for creators vis-à-vis other parties, including online platforms, that make use of their content;
Amendment 64 #
Draft opinion Paragraph 4 4. Considers that platforms on which a large volume of works are stored and actively made available to the public should conclude licence agreements with relevant right-
Amendment 65 #
Draft opinion Paragraph 4 a (new) 4a. Considers that platforms which are making available works protected by copyright should take appropriate measures for the effective removal of illegally placed content;
Amendment 66 #
Draft opinion Paragraph 4 a (new) 4a. Points out the crucial importance of clarifying methods by which decisions based on algorithms are taken and promoting transparency on the use of these algorithms; therefore, asks the Commission and Member States to examine potential for errors and biases in the use of algorithms in order to prevent any kind of discrimination or unfair practice and any harm to privacy;
Amendment 67 #
Draft opinion Article 4 b (new) 4b. Calls on the Commission and the Member States to take the necessary measures to ensure the full respect of citizen´s rights to privacy and to protection of their personal data in the digital environment; emphasizes the importance of the correct implementation of the General Data Protection Regulation, ensuring the full application of the principle of "privacy by design and by default"; notes the increasing importance of clarifying the concerns over data access, ownership and liability issues and calls on the Commission to asses further the current regulatory framework with regard to these issues; believes that consumers should be able to freely and fully use and exploit the products and services they buy, including in the free choice of repairers, and should not be obstructed by data issues; considers that the issue of worker-related data and their use raises important concerns and should be swiftly clarified; calls on the Commission to define some minimum requirements on this issue; underlines the need to set up an European Directive on Privacy at the workplace;
Amendment 68 #
Draft opinion Paragraph 4 c (new) 4c. Underlines the importance to ensure the data portability for all users, in particular for workers of the online platforms, and to guarantee the transferability and accumulation of their ratings and reviews across different online platforms, in respect of EU rules already in place on data protection and the privacy of other parties involved;
Amendment 69 #
Draft opinion Paragraph 4 d (new) 4d. While recognising the opportunities offered by platforms, stresses also that it poses certain challenges to job demands, working conditions and workers’ rights, in particular in non-standard employment relationships, and highlights the need to ensure the full respect of employment rights and adequate social security coverage in the digital sphere; considers it necessary to ensure the right to association and collective action and bargaining also for online platforms’ workers; believes it is necessary to involve social partners in the debate on and in the definition of European and national initiatives on online platform;
Amendment 7 #
Draft opinion Recital A b (new) Ab. whereas the growing importance of the digital economy, linked with the diversity and fast-changing nature of platform ecosystems, raises new policy and regulatory challenges;
Amendment 70 #
Draft opinion Paragraph 4 a (new) 4a. Emphasises the need to restore a balance in the sharing of value for intellectual property, in particular on platforms distributing protected audiovisual content;
Amendment 71 #
Draft opinion Paragraph 4 a (new) 4a. Recognises that the provisions on intermediary liability in the e-Commerce Directive are future-proof and technologically neutral, as highlighted in the European Parliament resolution of 19 January 2016 on Towards a Digital Single Market Act (2015/2147(INI));
Amendment 72 #
Draft opinion Paragraph 4 a (new) 4a. Calls on the Commission to take the appropriate actions to avoid that platforms could abuse of their dominant market positions, thus negatively affecting competition within the EU digital market and be detrimental for businesses and consumers;
Amendment 73 #
Draft opinion Paragraph 5 5. Calls for greater cooperation between platforms and right-holders in order to fight counterfeiting online
Amendment 74 #
Draft opinion Paragraph 5 5.
Amendment 75 #
Draft opinion Paragraph 5 5. Calls for a simplification of the rules and greater cooperation between platforms, users and right-holders in order to fight counterfeiting
Amendment 76 #
Draft opinion Paragraph 5 a (new) 5a. Calls for the same tax rules to be applied for all companies providing comparable services regardless of whether they offer them online or offline; calls for ensuring that all companies including digital ones pay their taxes in the place where they make their profits;
Amendment 77 #
Draft opinion Paragraph 5 b (new) 5b. Calls on the Commission to monitor and to take actions against the increasing presence of violent and/or discriminatory messages on online platforms; stresses the importance of protecting vulnerable people and children as well as fighting any form of racism, sexism, incitement to terrorism and bullying actions also in the digital sphere; urges platforms’ liability to be strengthened on these issues, including in the framework of the revision of the AVMS directive;
Amendment 78 #
Draft opinion Paragraph 5 a (new) 5a. Recalls that counterfeiting affects all sectors of the legal economy and that companies, the first targets of counterfeiters, are not the only ones affected by this scourge. Counterfeiting is a real issue for the health and safety of consumers who must be sensitized and made aware of the reality of trafficking in fake products;
Amendment 79 #
Draft opinion Paragraph 5 b (new) 5b. Calls on the Commission to further promote the launched platform for settling disputes involving purchases made online amongst consumers, to improve its user-friendliness and to monitor whether traders comply with their obligation to put a link to the platform on their website, in order to further address the increasing number of complaints against several online platforms;
Amendment 8 #
Draft opinion Recital A c (new) Ac. whereas online platforms have dramatically changed the digital economy over the last two decades, resulting in many benefits for today's digital society and playing a prominent role in the creation of 'digital value' that underpins future economic growth in the EU, being of major importance to the effective functioning of the digital single market;
Amendment 80 #
Draft opinion Paragraph 5 c (new) 5c. Calls on the Commission to consider establishing a harmonised approach to the right of rectification, the right to counterstatement and rights to forbearance for users of platforms;
Amendment 81 #
Draft opinion Paragraph 5 d (new) 5d. Calls on the Commission to create a level playing field in view of claims for damages against platforms due to the circulation of disparaging facts, which create a persistent harm to the user;
Amendment 9 #
Draft opinion Recital B B. whereas the emergence of platforms, by easing and fostering the relationship between service providers and consumers
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