2018/0112(COD) | [ParlTrack]

Proposal for a regulation
Recital 17 d (new)

(17 d) In order to ensure and protect the integrity of the ranking of goods and services by the providers of online intermediation services and search engines and as ranking is determined, at least partly, by user generated comments and reviews the provider and search engine shall communicate on a regular basis with the business user so as to avoid comments or reviews by consumers acting in bad faith. When a consumer has acted previously in bad faith, either by repeatedly commenting or reviewing in a malicious or harmful way for the business user or the provider or the search engine, or repeatedly brought forward cases to the business user, provider or search engine filing unsubstantiated claims for reimbursement, the provider of online intermediation service or search engine shall notify the business user about the behaviour of the consumer and they should provide with facilitation of the verification of a potential unsubstantiated harmful comment or review that could affect the overall ranking of the business user.

Amendment 101 #

Proposal for a regulation
Recital 18

Amendment 102 #

Proposal for a regulation
Recital 18

Amendment 103 #

Proposal for a regulation
Recital 18

Amendment 104 #

Proposal for a regulation
Recital 19

(19) Where a provider of online intermediation services or online search engine itself offers certain goods or services to consumers through its own online intermediation services or online search engine, or does so through a business user which it controls, that provider may compete directly with other business users of its online intermediation services which are not controlled by the provider. In such situations, in particular, it is important that the provider of online intermediation services or online search engine acts in a transparent manner and provides a description of any differentiated treatment, whether through legal, commercial or technical means, including but not limited to the setting of a default option that favours the provider or online search engine, the that it might give in respect of goods or services it offers itself compared to those offered by business users. To ensure proportionality, this obligation should apply at the level of the overall online intermediation services, rather than at the level of individual goods or services offered through those services.

Amendment 105 #

Proposal for a regulation
Recital 19

Amendment 106 #

Proposal for a regulation
Recital 19

(19) Where a provider of online intermediation services ~~itself offers~~or online search engine offers itself certain goods or services to consumers through its own online intermediation services or online search engine, or does so through a business user which it controls, that provider may compete directly with other business users of its online intermediation services which are not controlled by the provider. In such situations, in particular, it is important that the provider of online intermediation services or online search engine acts in a transparent manner and provides a description of any differentiated treatment, whether through legal, commercial or technical means, that it might give in respect of goods or services it offers itself compared to those offered by business users. To ensure proportionality, this obligation should apply at the level of the overall online intermediation services, rather than at the level of individual goods or services offered through those services.

Amendment 107 #

Proposal for a regulation
Recital 19

(19) Where a provider of online intermediation services ~~itself~~or an online search engine provider offers certain goods or services to consumers through its own ~~online intermediation~~ services, or does so through a business user which it controls, that provider may compete directly with other business users of its ~~online intermediation~~ services which are not controlled by the provider. In such situations, in particular, it is important that the provider of online intermediation services or the provider of online search engines acts in a transparent manner and provides a description of any differentiated treatment, whether through legal, commercial or technical means, that it might give in respect of goods or services it offers itself compared to those offered by business users. To ensure proportionality, this obligation should apply at the level of the overall online intermediation services, rather than at the level of individual goods or services offered through those services.

Amendment 108 #

Proposal for a regulation
Recital 20

Amendment 109 #

Proposal for a regulation
Recital 20

Amendment 110 #

Proposal for a regulation
Recital 20

Amendment 111 #

Proposal for a regulation
Recital 20 a (new)

(20 a) It is equally important that online intermediation service providers do not engage in unfair commercial practices (including commercial behaviour or the inclusion of unfair contractual terms) which violates good faith or good commercial conduct, creates an imbalance in the relationship with the transfer of costs incurred or the shift of entrepreneurial risk to the weaker party and is unilaterally imposed. It is not proportionate to apply this prohibition to small enterprises (within the meaning of Article 2(2) of the Annex to Recommendation 2003/361/EC).

Amendment 112 #

Proposal for a regulation
Recital 20 b (new)

(20 b) Certain practices can be conclusively treated as unfair in all circumstances. The Platform Observatory should continuously review this list of practices and recommend updates to the Commission.

Amendment 113 #

Proposal for a regulation
Recital 21

(21) Providers of online intermediation services might in certain cases restrict in the terms and conditions the ability of business users to offer goods or services to consumers under more favourable conditions through other means than through those online intermediation services. In those cases, the providers concerned should set out the grounds for doing so, in particular with reference to the main economic, commercial or legal considerations for the restrictions. This transparency obligation should however not be understood as affecting the assessment of the legality of such restrictions under other acts of Union law or the law of Member States in accordance with Union law, including in the areas of competition and unfair commercial practices, and the application of such laws.deleted

Amendment 114 #

Proposal for a regulation
Recital 21

(21) Providers of online intermediation services might in certain cases restrict in the terms and conditions the ability of business users to offer goods or services to consumers under more favourable conditions through other means than through those online intermediation services. In those cases, the providers concerned should set out the grounds for doing so, in particular with reference to the main economic, commercial or legal considerations for the restrictions. This transparency obligation should however not be understood as affecting the assessment of the legality of such restrictionSuch restrictions deprive business users from exercising their entrepreneurial freedom to set the conditions of sale of their own products uand~~er other acts of Union law or the law of Member States in accordance with Union law, including in~~ services, and may also harm consumers by preventing them a~~reas of competition and unfair commercial practices, and the application of such laws~~ccess to a wider choice, while fragmenting the Single Market.

Amendment 115 #

Proposal for a regulation
Recital 21

(21) Providers of online intermediation services might in certain cases restrict in the terms and conditions the ability of business users to offer goods or services to consumers under more favourable conditions through other means than through those online intermediation services. In those cases, the providers concerned should set out the grounds for doing so, in particular with reference to the main economic, commercial or legal considerations for the restrictions~~. This~~ and ensure that the restriction is proportionate. The transparency obligation should however not be understood as affecting the assessment of the legality of such restrictions under other acts of Union law or the law of Member States in accordance with Union law, including in the areas of competition and unfair commercial practices, and the application of such laws.

Amendment 116 #

Proposal for a regulation
Recital 21

(21) Providers of online intermediation services might in certain cases restrict in the terms and conditions included in the provisions listed on the site the ability of business users to offer goods or services to consumers under more favourable conditions through other means than through those online intermediation services. In those cases, the providers concerned should set out the grounds for doing so, in particular with reference to the main economic, commercial or legal considerations for the restrictions. This transparency obligation should however not be understood as affecting the assessment of the legality of such restrictions under other acts of Union law or the law of Member States in accordance with Union law, including in the areas of competition and unfair commercial practices, and the application of such laws.

Amendment 117 #

Proposal for a regulation
Recital 22

(22) In order to enable business users, including those whose use of the relevant online intermediation services might have been suspended or terminated, to have access to immediate, suitable and effective redress possibilities, providers of online intermediation services should provide for an internal complaint-handling system. This system should be clear and easy to access and should lay down the complaint-handling and resolution procedures. That internal complaint- handling system should be aimed at ensuring that a significant proportion of complaints can be solved bilaterally by the provider of the online intermediation services and the relevant business user. In addition, ensuring that providers of online intermediation services publish information on the functioning and effectiveness of their internal complaint-handling system should help business users to understand the types of issues that can arise in the context of the provision of different online intermediation services and the possibility of reaching a quick and effective bilateral resolution.

Amendment 118 #

Proposal for a regulation
Recital 22

(22) In order to enable business users, including those whose use of the relevant online intermediation services might have been suspended or terminated, to have access to immediate, suitable and effective redress possibilities, providers of online intermediation services should provide for an internal complaint-handling system with clear resolution deadlines. That internal complaint-handling system should be aimed at ensuring that a significant proportion of complaints can be solved bilaterally by the provider of the online intermediation services and the relevant business user. In addition, ensuring that providers of online intermediation services publish information on the functioning and effectiveness of their internal complaint- handling system should help business users to understand the types of issues that can arise in the context of the provision of different online intermediation services and the possibility of reaching a quick and effective bilateral resolution.

Amendment 119 #

Proposal for a regulation
Recital 23

(23) The requirements of this Regulation regarding the internal complaint-handling systems aim at allowing providers of online intermediation services a reasonable degree of flexibility when operating those systems and addressing individual complaints, so as to minimise any administrative burden. In addition, the internal complaint-handling systems should allow providers of online intermediation services to address, where necessary, in a proportionate manner any use in bad faith which certain business users might seek to make of those systems. In cases other than any alleged non-compliance with the legal obligations of this Regulation, the internal complaint-handling systems should moreover not be open to complaints involving only negligible negative effects on the business user concerned. In light of the costs of setting up and operating such systems, it is appropriate to exempt from those obligations any providers of online intermediation services which constitute small enterprises, in line with the relevant provisions of Commission Recommendation 2003/361/EC25 . The internal complaint-handling system should be based on principles of equal treatment and its use should not lead to any detrimental treatment of the business user. _________________ 25 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p36).

Amendment 120 #

Proposal for a regulation
Recital 24

(24) Mediation can offer providers of online intermediation services and their business users a means to resolve disputes in a satisfactory manner, without having to use judicial proceedings which can be lengthy and costly. Therefore, providers of online intermediation services should facilitate mediation by, in particular, identifying mediators established in the EU, with which they are willing to engage. Mediators which provide their services from a location outside the Union should only be identified where it is guaranteed that the use of those services does not in any way deprive the business users concerned of any legal protection offered to them under Union law or the law of the Member States, including the requirements of this Regulation and the applicable law regarding protection of personal data and trade secrets. In order to be accessible, fair, and as swift, efficient and effective as possible, those mediators should meet certain set criteria that will be set by the Platform Observatory.

Amendment 121 #

Proposal for a regulation
Recital 24

(24) Mediation can offer providers of online intermediation services and their business users a means to resolve disputes in a satisfactory manner, without having to use judicial proceedings which can be lengthy and costly. Therefore, providers of online intermediation services should facilitate mediation by, in particular, identifying mediators with which they are willing to engage. MUnder no circumstances may access be given to the mediators which provide ~~their~~a services from a location outside the Union ~~should only be identified where it is~~if the mediators do not guaranteed that the use of th~~ose~~eir services does not in any way deprive the business users concerned of any legal protection offered to them under Union law or the law of the Member States, including the requirements of this Regulation and the applicable law regarding protection of personal data and trade secrets. In order to be accessible, fair, and as swift, efficient and effective as possible, those mediators should meet certain set criteria.

Amendment 122 #

Proposal for a regulation
Recital 25

(25) Providers of online intermediation services should bear a reasonable proportion of the total costs of the mediation, taking into account all relevant elements of the case at hand. To that aim, the mediator should suggest which proportion is reasonable in the individual case. However, that proportion should never be less than half of those costs.deleted

Amendment 123 #

Proposal for a regulation
Recital 25

(25) Providers of online intermediation services should bear a reasonable proportion of the total costs of the mediation, taking into account all relevant elements of the case at hand, including whether the case was brought in good faith. To that aim, the mediator should suggest which proportion is reasonable in the individual case. However, that proportion should never be less than half of those costs in case the business user constitutes a small enterprise, in line with the relevant provisions of Commission Recommendation 2003/361/EC. When a business user has acted previously in bad faith during the mediation process, or repeatedly brought forward cases not leading to agreement of the dispute, the provider of online intermediation service should not be obliged to engage in mediation with said business users.

Amendment 124 #

Proposal for a regulation
Recital 25

(25) Providers of online intermediation services should bear a reasonable proportion of the total costs of the mediation, taking into account all relevant elements of the case at hand. That proportion should be larger when the other party is a micro, small or medium- sized enterprise. To that aim, the mediator should suggest which proportion is reasonable in the individual case. However, that proportion should never be less than half of those costs.

Amendment 125 #

Proposal for a regulation
Recital 25

(25) Providers of online intermediation services should bear a reasonable proportion of the total costs of the mediation, taking into account all relevant elements of the case at hand. To that aim, the mediator should suggest which proportion is reasonable in the individual case. However, for the providers of online intermediation services, that proportion should never be less than half of those costs .

Amendment 126 #

Proposal for a regulation
Recital 25

(25) Providers of online intermediation services should bear a reasonable proportion of the total costs of the mediation, taking into account all relevant elements of the case at hand. To that aim, the mediator should suggest which proportion is reasonable in the individual case. ~~However, that proportion should never be less than half of those costs.~~

Amendment 127 #

Proposal for a regulation
Recital 26

(26) In order to facilitate the settlement of disputes relating to the provision of online intermediation services using mediation in the Union, the Commission, in cooperation with the Member States, should encourage the setting up of specialised mediation organisations, which are currently lacking. The involvement of mediators having specialist knowledge of online intermediation services and online search engines as well as of the specific industry sectors within which those services are provided should add to the confidence both parties have in the mediation process and should increase the likelihood of that process leading to a swift, just and satisfactory outcome. Mediators must be trained in all Member States to ensure that all citizens have access to these services in their own language.

Amendment 128 #

Proposal for a regulation
Recital 26

(26) In order to facilitate the settlement of disputes relating to the provision of online intermediation services using mediation in the Union, ~~the Commission should encourage the setting up of~~Member States should set up specialised mediation organisations, which are currently lacking. The involvement of mediators having specialist knowledge of online intermediation services and online search engines as well as of the specific industry sectors within which those services are provided should add to the confidence both parties have in the mediation process and should increase the likelihood of that process leading to a swift, just and satisfactory outcome.

Amendment 129 #

Proposal for a regulation
Recital 26 a (new)

(26a) The Commission should support the creation of a portal for complaints about online intermediation services, and that portal should include the code of conduct and rules on the functioning of those services, together with an explanation of complaining parties’ rights and the options available to them in disputes or if unfair or fraudulent activities have taken place.

Amendment 130 #

Proposal for a regulation
Recital 27

Amendment 131 #

(28 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; 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 132 #

Proposal for a regulation
Recital 28 a (new)

(28 a) For reasons of transparency and accountability, and due to the role and tasks foreseen, the Observatory on the Online Platform Economy should be established as a body under this Regulation rather than as an expert group established by a Commission decision. The Observatory should have a wide range of independent experts that have proven competence and experience in the sector as its members.

Amendment 133 #

Proposal for a regulation
Recital 29

(29) The Commission should periodically evaluate this Regulation, in particular with a view to determining the need for amendments in light of relevant technological or commercial developments. Within two years, it shall present an assessment of compliance with the Regulation.

Amendment 134 #

Evžen TOŠENOVSKÝ, Amjad BASHIR

Proposal for a regulation
Article 1 – paragraph 1

1. This Regulation lays down rules to ensure that business users of online business-to-consumer intermediation services and corporate website users in relation to online search engines where an official business-to-platform relationship is established are granted appropriate transparency and effective redress possibilities.

Amendment 135 #

Proposal for a regulation
Article 1 – paragraph 1

1. This Regulation lays down rules to ensure that business users of online business-to-consumer intermediation services ~~and corporate website users in relation to online search engines~~where an official business-to- platform relationship is established are granted appropriate transparency and effective redress possibilities.

Amendment 136 #

Proposal for a regulation
Article 1 – paragraph 1

1. This Regulation lays down rules to ensure that business users of online intermediation services ~~and corporate website users in relation to online search engines~~ are granted appropriate transparency and effective redress possibilities.

Amendment 137 #

Proposal for a regulation
Article 1 – paragraph 1

1. This Regulation lays down rules to ensure that business users of online intermediation services and corporate website users in relation to online and connected search engines are granted appropriate fairness, transparency and effective redress possibilities.

Amendment 138 #

Proposal for a regulation
Article 1 – paragraph 1

1. This Regulation lays down rules to ensure that business users of online intermediation services and corporate website users in relation to online search engines are granted ~~appropriate~~ transparency and effective redress possibilities.

Amendment 139 #

Proposal for a regulation
Article 1 – paragraph 1 a (new)

1a. This Regulation seeks to create an innovative and trust-based ecosystem in the EU online platform economy, contributing to a stronger and more effective digital single market for innovation, competitiveness, economic growth and job creation.

Amendment 140 #

Proposal for a regulation
Article 1 – paragraph 2

2. This Regulation shall apply to online intermediation services and online search engines provided, ~~or offered to be provided~~that target consumers located in the European Union, to business users and corporate website users, respectively, that have their place of establishment or residence in the Union and that, through online intermediation services or online search engines, seek to offer goods or services to consumers located in the Union, irrespective of the place of establishment or residence of the providers of those services.

Amendment 141 #

Proposal for a regulation
Article 1 – paragraph 2

2. This Regulation shall apply to online intermediation services and online search engines provided, or offered to be provided, to business users and corporate website users, respectively, that have their place of establishment or residence in the Union and that, through online intermediation services or online search engines, ~~offer~~target or direct sales of goods or services to consumers located in the Union, irrespective of the place of establishment or residence of the providers of those services.

Amendment 142 #

Proposal for a regulation
Article 1 – paragraph 2

2. This Regulation shall apply to online intermediation services ~~and online search engines~~ provided, or offered to be provided, to business users and corporate website users, respectively, that have their place of establishment or residence in the Union and that, through online intermediation services ~~or online search engines~~, offer goods or services to consumers located in the Union, irrespective of the place of establishment or residence of the providers of those services.

Amendment 143 #

Proposal for a regulation
Article 1 – paragraph 2

Amendment 144 #

Proposal for a regulation
Article 1 – paragraph 2 a (new)

2a. This Regulation shall apply in so far as it does not interfere with specific provisions contained in other Union legislative acts governing fairness and transparency in specific sectors.

Amendment 145 #

Proposal for a regulation
Article 2 – paragraph 1 – point 1

(1) ‘business user’ means any natural or legal person which through online intermediation services offers or seeks to offer goods or services to consumers for purposes relating to its trade, business, craft or profession;

Amendment 146 #

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a

(a) they constitute information society services within the meaning of Article 1(1)(b) of Directive (EU) No 2015/1535 of the European Parliament and of the Council27 ; _________________ 27 Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (OJ L 241, 17.9.2015, p. 1). or technology online intermediation services that connect hardware and applications, such as device operating systems;

Amendment 147 #

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b

(b) ~~they allow~~one of their primary purposes is to enable business users to target or direct offers of goods or services to consumers, with a view to ~~facilitating the initiating of~~receiving direct or indirect remuneration from direct transactions between those business users and consumers, irrespective of where those transactions are ultimately concluded;

Amendment 148 #

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b

(b) they allow business users to offer goods or services to consumers, with a view to facilitating the initiating of direct transactions between those business users and consumers and go above mere provision of an online presence, irrespective of where those transactions are ultimately concluded;

Amendment 149 #

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b

Amendment 150 #

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b

(b) they allow business users to offer goods or services to consumers, with a view to facilitating the initiating of web- based direct transactions between those business users and consumers, irrespective of where those transactions are ultimately concluded;

Amendment 151 #

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point c

(c) they are provided in general to business users on the basis of contractual relationships between, on the one hand, the provider of those services and, on the other hand, both those business users and the consumers to which those business users offer goods or services;

Amendment 152 #

Proposal for a regulation
Article 2 – paragraph 1 – point 3

(3) ‘provider of online intermediation services’ means any natural or legal person which provides, or which offers to provide, online intermediation services to business users, by whatever means, whether written or voice services;

Amendment 153 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5

(5) ‘online search engine’ means a digital service that allows users to perform searches of, in principle, all websites or websites in a particular language on the basis of a query on any subject in the form of a keyword, phrase or other input, and returns links in which information related to the requested content can be found;deleted

Amendment 154 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5

Amendment 155 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5

(5) ‘online search engine’ means a digital service that allows users to perform searches of, in principle, all websites or websites in a particular language on the basis of a query on any subject in the form of a keyword, phrase or other input, ~~and returns~~via by whatever means, whether written or voice services, and returns information and/or links in which information related to the requested content can be found;

Amendment 156 #

(5) ‘online search engine’ means a digital service that allows users to input queries and perform searches of, in principle, all websites or websites in a particular language on the basis of a query on any subject in the form of a keyword, phrase or other input, and returns ~~links~~output in which information related to the requested content can be found;

Amendment 157 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5

(5) ‘online search engine’ means a digital service that allows users to perform searches of~~, in principle, all~~ multiple websites or websites or mobile applications in a particular language on the basis of a query ~~on any subject~~ in the form of a keyword, phrase or other input (whether by text, voice or otherwise), and returns ~~link~~results in which information related to the reque~~sted content~~ry can be found;

Amendment 158 #

(5) ‘online search engine’ means a digital service or interface or mobile applications that allows users to perform searches of~~, in principle, all websites or websites~~ web content, in a particular language on the basis of a query ~~on any subject~~ in the form of a keyword, phrase or other input in many options, and returns ~~links~~result in which information related to the reque~~sted content~~ry can be found;

Amendment 159 #

Proposal for a regulation
Article 2 – paragraph 1 – point 6

~~(6) ‘provider of online search engine’ means any natural or legal person which provides, or which offers to provide, online search engines to consumers;~~deleted

Amendment 160 #

Proposal for a regulation
Article 2 – paragraph 1 – point 6

~~(6) ‘provider of online search engine’ means any natural or legal person which provides, or which offers to provide, online search engines to consumers;~~deleted

Amendment 161 #

Proposal for a regulation
Article 2 – paragraph 1 – point 7

(7) ‘corporate website user’ means any natural or legal person which uses websites, mobile applications or other type of software to offer goods or services to consumers for purposes relating to its trade, business, craft or profession;

Amendment 162 #

Proposal for a regulation
Article 2 – paragraph 1 – point 7

(7) ‘corporate website user’ means any natural or legal person which uses websites or mobile applications to offer goods or services to consumers for purposes relating to its trade, business, craft or profession;

Amendment 163 #

Proposal for a regulation
Article 2 – paragraph 1 – point 7

(7) ‘corporate website user’ means any natural or legal person which uses websites ~~to offer goods or services to consumers for purposes relating to its trade, business, craft or profession~~or otherwise connected means to offer goods or services;

Amendment 164 #

Proposal for a regulation
Article 2 – paragraph 1 – point 8

(8) ‘ranking’ means the relative prominence given to the goods or services offered to consumers by business users through online intermediation services~~, or to websites indexed for consumers by online search engines,~~ as presented, organised or communicated to those consumers by the providers of online intermediation services ~~or by providers of online search engines, respectively,~~ irrespective of the technological means used for such presentation, organisation or communication;

Amendment 165 #

Proposal for a regulation
Article 2 – paragraph 1 – point 8

(8) ‘ranking’ means the relative prominence given to the goods or services offered to consumers by business users through online intermediation services, ~~or to websites indexed for consumers by online search engines,~~ as presented, organised or communicated to those consumers by the providers of online intermediation services ~~or by providers of online search engines, respectively~~, irrespective of the technological means used for such presentation, organisation or communication;

Amendment 166 #

Proposal for a regulation
Article 2 – paragraph 1 – point 8

(8) ‘ranking’ means the relative prominence in search results given to the goods or services offered to consumers by business users through online intermediation services, or to websites indexed for consumers by online search engines, as presented, organised or communicated to those consumers by the providers of online intermediation services or by providers of online search engines, respectively, irrespective of the technological means used for such presentation, organisation or communication;

Amendment 167 #

Proposal for a regulation
Article 2 – paragraph 1 – point 8

(8) ‘ranking’ means the relative prominence given to the goods or services offered to consumers by business users through online intermediation services, or to websites indexed ~~for consumers~~ by online search engines, as presented, organised or communicated ~~to those consumers~~ by the providers of online intermediation services or by providers of online search engines, respectively, irrespective of the technological means used for such presentation, organisation or communication;

Amendment 168 #

Proposal for a regulation
Article 2 – paragraph 1 – point 10

(10) ‘terms and conditions’ means all terms, conditions, clauses and other information, irrespective of their name or form, which govern the contractual relationship between the provider of online intermediation services and their business users ~~and are unilaterally determined by the provider of online intermediation services~~.

Amendment 169 #

Proposal for a regulation
Article 2 – paragraph 1 – point 10

Amendment 170 #

Proposal for a regulation
Article 2 – paragraph 1 – point 10

(10) ‘terms and conditions’ means all terms, conditions, and clauses ~~and other information~~, irrespective of their name or form, which govern the contractual relationship between the provider of online intermediation services and their business users and are unilaterally determined by the provider of online intermediation services.

Amendment 171 #

Proposal for a regulation
Article 3 – paragraph 1 – introductory part

1. Providers of online intermediation services and online search engines shall ensure that their terms and conditions:

Amendment 172 #

Proposal for a regulation
Article 3 – paragraph 1 – point –a (new)

(-a) include only fair and proportionate clauses

Amendment 173 #

Proposal for a regulation
Article 3 – paragraph 1 – point a

(a) are drafted in ~~clear and unambiguous~~plain and intelligible language;

Amendment 174 #

Proposal for a regulation
Article 3.º – paragraph 1 – point a

(a) are drafted in clear and ~~unambiguous~~carefully chosen language;

Amendment 175 #

Proposal for a regulation
Article 3 – paragraph 1 – point a

(a) are drafted in clear ~~and unambiguous~~ language;

Amendment 176 #

Proposal for a regulation
Article 3 – paragraph 1 – point a a (new)

(a a) are fair and proportionate;

Amendment 177 #

Proposal for a regulation
Article 3 – paragraph 1 – point a a (new)

(aa) are fair;

Amendment 178 #

Proposal for a regulation
Article 3 – paragraph 1 – point c

(c) set out the objective grounds for decisions to suspend or terminate, in whole or in part, the provision of their online intermediation services to business users, including but not restricting to, practices and online security threats that a can cause immediate harm to business users or consumers.

Amendment 179 #

Proposal for a regulation
Article 3 – paragraph 1 – point c

(c) set out the objective grounds, consistent with those terms and conditions, for decisions to restrict, suspend or terminate, in whole or in part, the provision of their online intermediation services to business users.

Amendment 180 #

Proposal for a regulation
Article 3.º – paragraph 1 – point c

(c) set out the objective, clear and transparent grounds for decisions to suspend or terminate, in whole or in part, the provision of their online intermediation services to business users.

Amendment 181 #

Proposal for a regulation
Article 3 – paragraph 1 – point c

(c) set out the ~~objective~~ grounds for decisions to suspend or terminate, in whole or in part, the provision of their online intermediation services to business users.

Amendment 182 #

Proposal for a regulation
Article 3 – paragraph 1 – point c a (new)

(c a) inform adequately the business users over any additional distribution channels and affiliate programs through which the goods and services offered by the business users may be distributed.

Amendment 183 #

Proposal for a regulation
Article 3 – paragraph 2

2. Terms and conditions, or specific provisions thereof, which do not comply with the requirements of paragraph 1 shall not be binding on the business users concerned where such non-compliance is established by a competent court.

Amendment 184 #

Proposal for a regulation
Article 3.º – paragraph 3 – subparagraph 1

Providers of online intermediation services shall notify to the business users concerned any envisaged modification of their terms and conditions. Notification should be provided by the pre-established deadlines and in line with criteria laid down in the partnership agreements.

Amendment 185 #

Providers of online intermediation services shall notify to the business users concerned any envisaged material modification of their terms and conditions that adversely impact the business user.

Amendment 186 #

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1

Providers of online intermediation services shall notify to the business users concerned any envisaged modification of their terms and conditions that negatively affect them.

Amendment 187 #

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1

Providers of online intermediation services shall notify to the business users concerned any ~~envisaged~~foreseen modification of their terms and conditions.

Amendment 188 #

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1

Providers of online intermediation services shall notify to the business users concerned any ~~envisaged~~ modification of their terms and conditions.

Amendment 189 #

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1

Providers of online intermediation services shall notify to the business users concerned any ~~envisaged~~ modification of their terms and conditions.

Amendment 190 #

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2

Amendment 191 #

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2

The envisaged modifications shall not be implemented before the expiry of a notice period which is reasonable and proportionate to the nature and extent of the envisaged modifications and to their consequences for the business user concerned. That notice period shall be at least 157 days and not more than 30 days from the date on which the provider of online intermediation services notifies the business users concerned about the envisaged modifications.

Amendment 192 #

Pilar del CASTILLO VERA

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2

TIf the envisaged modifications are significant these shall not be implemented before the expiry of a notice period which is reasonable and proportionate to the nature and extent of the envisaged modifications and to their consequences for the business user concerned. That notice period shall be at least 15 days from the date on which the provider of online intermediation services notifies the business users concerned about the envisaged modifications.

Amendment 193 #

Proposal for a regulation
Article 3.º – paragraph 3 – subparagraph 2

Amendment 194 #

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2

The ~~envisaged~~ modifications shall not be implemented before the expiry of a notice period which is reasonable and proportionate to the nature and extent of the envisaged modifications and to their consequences for the business user concerned. That notice period shall be at least 15 days from the date on which the provider of online intermediation services notifies the business users concerned about the envisaged modifications.

Amendment 195 #

Proposal for a regulation
Article 3.º – paragraph 3 – subparagraph 3

~~The business user concerned may, either by means of a written statement or a clear affirmative action, waive the notice period referred to in the second subparagraph.~~deleted

Amendment 196 #

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 3

~~The business user concerned may, either by means of a written statement or a clear affirmative action, waive the notice period referred to in the second subparagraph.~~deleted

Amendment 197 #

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 3

The business user concerned may, either by means of a written statement or a clear affirmative action, such as the submission of a new product or service within the said notice period, waive the notice period referred to in the second subparagraph.

Amendment 198 #

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 3

The business user concerned may, either by means of a written statement or a clear affirmative action, waive the notice period referred to in the second subparagraph. A risk-based approach must generally apply

Amendment 199 #

Proposal for a regulation
Article 3 – paragraph 4

4. Modifications to terms and conditions implemented by a provider of online intermediation services contrary to the provisions of paragraph 3 shall be ~~null and voi~~suspended and enter into force only after the minimal legal period has lapsed.

Amendment 200 #

Proposal for a regulation
Article 3 – paragraph 5

5. Paragraph 3 shall not apply where a provider of online intermediation services isor online search engine is: a) subject to a legal obligation which requires it to modify its terms and conditions in a manner which does not allow it to respect the notice period referred to in the second subparagraph of paragraph 3; b) addressing a security or other imminent danger related to the defence of the online intermediation services from fraud, malware, spam, data breaches or other cybersecurity risks.

Amendment 201 #

Proposal for a regulation
Article 3 – paragraph 5

5. Paragraph 3 shall not apply where a provider of online intermediation services is subject to a legal obligation which requires it to modify its terms and conditions in a manner which does not allow it to respect the notice period referred to in the second subparagraph of paragraph 3 or if there is a need to address a new harmful yet not illegal practice or a security issue that could impact the user or the integrity of the platform, provided they clearly notify users of the change and its rationale.

Amendment 202 #

Proposal for a regulation
Article 3 – paragraph 5

5. Paragraph 3 shall not apply where a provider of online intermediation services is subject to a legal obligation or acting to protect the consumer from harmful practices (for example, but not limited to: security issues, fraud, spam, phishing, abuse of consumer data or financial position, illegal and harmful content) which requires it to modify its terms and conditions in a manner which does not allow it to respect the notice period referred to in the second subparagraph of paragraph 3.

Amendment 203 #

Proposal for a regulation
Article 3 – paragraph 5

5. Paragraph 3 shall not apply where a provider of online intermediation services is subject to a legal obligation which requires it to modify its terms and conditions ~~in a manner which does not allow it to respect the notice period referred to in the second subparagraph of paragraph 3~~.

Amendment 204 #

Proposal for a regulation
Article 3 – paragraph 5

5. PThe notice period set out in paragraph 3 shall not apply where a provider of online intermediation services is subject to a legal obligation which requires it to modify its terms and conditions in a manner which does not allow it to respect the notice period referred to in the second subparagraph of paragraph 3.

Amendment 205 #

Proposal for a regulation
Article 4 – title

Suspension, delisting and termination

Amendment 206 #

Proposal for a regulation
Article 4 – paragraph 1

1. Where a provider of online intermediation services decides to s~~uspend~~anction, suspend, delist or terminate, in whole or in part, the provision of its online intermediation services to a given business user, it shall provide the business user concerned, without undue delay, with a statement of reasons for that decision. In case of any legal obligation or suspicion of exercise of harmful practices by business users against the consumer or the platform, such statement of reasons should not be provided as the information could help maintain or improve the said harmful practices.

Amendment 207 #

Proposal for a regulation
Article 4 – paragraph 1

1. Where a provider of online intermediation services decides to suspend or terminate, in whole or in part, the provision of its online intermediation services to a given business user, it shall provide the business user concerned, without undue delay, with a statement of reasons for that decision that provides appropriate rationale and clarity without compromising the online intermediation service by disclosing information that could be subject to unauthorized use by an outside actor.

Amendment 208 #

Proposal for a regulation
Article 4 – paragraph 1

1. Where a provider of online intermediation services decides to suspend or terminate, in whole or in part, the provision of its online intermediation services to a given business user, it shall notify its intention to the business user concerned at least 15 days before implementation and provide the business user concerned, without undue delay, with a statement of reasons for that decision.

Amendment 209 #

Proposal for a regulation
Article 4 – paragraph 1

1. Where a provider of online intermediation services decides to suspend, delist or terminate, in whole or in part, the provision of its online intermediation services to a given business user, it shall ~~provide~~inform the business user concerned~~, without undue delay,~~ 15 days beforehand, and provide the business user with a statement of reasons for that decision.

Amendment 210 #

Proposal for a regulation
Article 4.º – paragraph 1

1. Where a provider of online intermediation services decides to suspend or terminate, in whole or in part, the provision of its online intermediation services to a given business user, it shall provide the business user concerned~~, without undue delay,~~ with a statement of reasons for that decision and a clear indication of the date that the suspension or termination will take effect.

Amendment 211 #

Proposal for a regulation
Article 4 – paragraph 2

Amendment 212 #

Proposal for a regulation
Article 4.º – paragraph 2

2. The statement of reasons referred to in paragraph 1 shall contain a reference to the specific facts or circumstances that led to the decision of the provider of online intermediation services, as well as a reference to the applicable objective ground or grounds for that decision referred to in Article 3(1)(c). The company shall also be able to change the situation or reasons which prompted the decision by the online platform.

Amendment 213 #

Proposal for a regulation
Article 4 – paragraph 2

Amendment 214 #

Proposal for a regulation
Article 4 – paragraph 2 a (new)

2 a. In case the intermediation services provider is subject to a legal obligation, or if providing the specific facts or circumstances could limit the intermediation services provider’s ability to protect the consumer or the intermediation services against a business users harmful practice, it will be exempt from providing such information.

Amendment 215 #

Proposal for a regulation
Article 4 – paragraph 2 a (new)

2a. The provisions set out in paragraphs 1 and 2 of this Article shall not apply in the event that the suspension, exclusion or termination derives from a legal obligation imposed on the provider of intermediation services.

Amendment 216 #

Proposal for a regulation
Article 4 – paragraph 2 a (new)

2 a. Termination and suspension shall be, where possible and proportionate, preceded by a notification and opportunity to clarify or re-establish compliance.

Amendment 217 #

Proposal for a regulation
Article 4 – paragraph 2 b (new)

2b. A provider of online intermediation services may not take measures or act in a way that makes it difficult or impossible for consumers to access the services offered by a company with a valid contract with the service provider unless: (a) the company concerned is providing services which are against the applicable law; (b) the company concerned has breached the current contract with the provider of online intermediation services.

Amendment 218 #

Proposal for a regulation
Article 4 a (new)

Article 4 a These obligations do not apply to situation to professional users are trying to circumvent established rules, principles and algorithms in order to harm service providers and/or gain advantage over other professional users of the service concerned.

Amendment 219 #

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1

Providers of online intermediation services ~~shall set out~~and providers of online search engines shall set out clearly and unambiguously in their terms and conditions the main parameters determining ranking and the reasons for the relative importance of those main parameters as opposed to other parameters.

Amendment 220 #

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1

Providers of online intermediation services shall set out in their terms and conditions the main parameters determining ~~ranking and the reasons for the relative importance of those main parameters as opposed to other parameters~~.

Amendment 221 #

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1

Providers of online intermediation services shall set out in their terms and conditions the main parameters determining ranking ~~and the reasons for the relative importance of those main parameters as opposed to other parameters~~.

Amendment 222 #

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1

Amendment 223 #

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1

Amendment 224 #

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1

Providers of online intermediation services and online search engines shall set out in their terms and conditions the main parameters determining ranking and the reasons for the ~~relative importance of those main parameters as opposed to other parameters~~ir use.

Amendment 225 #

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1

Providers of online intermediation services shall set out in their terms and conditions the ~~main~~ parameters determining ranking and the reasons for the relative importance of those ~~main parameters as opposed to other~~ parameters.

Amendment 226 #

Proposal for a regulation
Article 5.º – paragraph 1 – subparagraph 2

Where those main parameters include the possibility to influence ranking against any direct or indirect remuneration paid by business users to the provider of online intermediation services concerned, that provider of online intermediation services shall also include in its terms and conditions a description of those possibilities and of the effects of such remuneration on ranking.deleted

Amendment 227 #

Amendment 228 #

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2

Where those main parameters include the possibility to influence ranking against any direct or indirect remuneration paid by business users to the service provider ~~of online intermediation services~~ concerned, that provider of online intermediation services shall also include in its terms and conditions a description of those possibilities and of the effects of such remuneration on ranking.

Amendment 229 #

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2

Where those main parameters include the possibility to influence ranking against any direct or indirect remuneration paid by business users to the provider of online intermediation services concerned, that provider of online intermediation services shall ~~also include in its t~~provide userms ~~and conditions~~with a description of those possibilities and of the effects of such remuneration on ranking.

Amendment 230 #

Proposal for a regulation
Article 5.º – paragraph 1 – subparagraph 2 a (new)

Offering payment in return for a change in the ranking of a service should be possible only if the aim is to change the ranking of advertisements for the service, but not its actual ranking.

Amendment 231 #

When displaying the results, the online intermediation service shall disclose close to each ranking whether it has been influenced against direct or indirect remuneration, contractual or direct ownership relations.

Amendment 232 #

Proposal for a regulation
Article 5.º – paragraph 2

Amendment 233 #

Proposal for a regulation
Article 5 – paragraph 2

Amendment 234 #

Proposal for a regulation
Article 5 – paragraph 2

Amendment 235 #

Proposal for a regulation
Article 5 – paragraph 2

2. Providers of online search engines shall set out ~~for corporate website users the main parameters determining ranking~~the parameters determining ranking of all indexed websites and the reasons for the relative importance of those parameters, by providing an easily and publicly available description, drafted in clear and unambiguous language on the online search engines of those providers. They shall keep that description up to date. By exception, in cases where the disclosure of all parameters would be against fair, reasonable and proportionate practices, only main parameters shall be always presented in detail.

Amendment 236 #

Proposal for a regulation
Article 5 – paragraph 2

2. Providers of online search engines shall set out for corporate website users the main parameters determining ranking, by providing an easily and publicly available description, drafted in clear and unambiguous language on the online search engines of those providers. They shall keep that description up to date with regard to material changes that can reasonably be expected to affect corporate website users in substantive and having a negative result.

Amendment 237 #

Proposal for a regulation
Article 5 – paragraph 2

Amendment 238 #

Proposal for a regulation
Article 5 – paragraph 2

2. Providers of online search engines shall set out for corporate website users the main parameters determining ranking, by providing an easily and publicly available description, drafted in ~~clear and unambiguous~~plain and intelligible language on the online search engines of those providers. They shall keep that description up to date.

Amendment 239 #

Proposal for a regulation
Article 5 – paragraph 2 a (new)

2 a. The outlining of the main parameters that determine ranking should be carried out by the provider bearing into consideration and taking all the necessary measures to protect against harmful practices exercised by business users resulting in ranking manipulation, including but limited to fake reviews and comments.

Amendment 240 #

Proposal for a regulation
Article 5 – paragraph 3

3. The descriptions referred to in paragraphs 1 and 2 shall be sufficient to enable the business users or corporate website users to obtain an adequate understanding of whether, and if so how and to what extent, the ranking mechanism takes account of the following: (a) the characteristics of the goods and services offered to consumers through the online intermediation services or the online search engine; (b) the relevance of those characteristics for those consumers; (c) as regards online search engines, the design characteristics of the website used by corporate website users.deleted

Amendment 241 #

Proposal for a regulation
Article 5 – paragraph 3

Amendment 242 #

Proposal for a regulation
Article 5 – paragraph 3 – introductory part

3. The descriptions referred to in paragraphs 1 and 2 shall be sufficient to enable the ~~business users or corporate website users~~public to obtain an adequate understanding of whether, and if so how and to what extent, the ranking mechanism takes account of the following:

Amendment 243 #

Proposal for a regulation
Article 5 – paragraph 3 – introductory part

3. The descriptions referred to in paragraphs 1 and 2 shall be sufficient to enable the business users or corporate website users to obtain an adequate understanding of whether~~, and if so how and to what extent,~~ the ranking mechanism takes account of the following:

Amendment 244 #

Proposal for a regulation
Article 5 – paragraph 3 – point c

(c) as regards online search engines, the design characteristics of the website ~~used by corporate website users~~indexed.

Amendment 245 #

Proposal for a regulation
Article 5 – paragraph 4

Amendment 246 #

Proposal for a regulation
Article 5 – paragraph 4

Amendment 247 #

Proposal for a regulation
Article 5 – paragraph 4

Amendment 248 #

Proposal for a regulation
Article 5 – paragraph 4

Amendment 249 #

Proposal for a regulation
Article 5 – paragraph 4

4. Providers of online intermediation services ~~and providers of online search engines~~ shall, when complying with the requirements of this Article, not be required to disclose any trade secrets as defined in Article 2(1) of Directive (EU) 2016/943 nor any other business sensitive information that determine their competitive advantage.

Amendment 250 #

Proposal for a regulation
Article 5 – paragraph 4 a (new)

4 a. Providers of online intermediation services and providers of online search engines shall designate at least one spokesperson, who is responsible for the policy related to rankings within the provider including development, review and oversight. Online intermediation services shall make the contact details of this spokesperson available to business users.

Amendment 251 #

Proposal for a regulation
Article 5 – paragraph 4 a (new)

4 a. Compliance with this article shall be carried out by the provider bearing into consideration and taking all the necessary measures to protect against harmful practices exercised by business users resulting in ranking manipulation and consumer deception.

Amendment 252 #

Proposal for a regulation
Article 5 – paragraph 4 a (new)

4 a. Providers of online intermediation services shall make sure that information revealed under this Article does not result in a consumer harm following manipulation of ranking by business users.

Amendment 253 #

Proposal for a regulation
Article 5 a (new)

Article 5 a Providers of online intermediation services shall make sure that information revealed under this Article does not result in a consumer harm following manipulation of ranking by business users.

Amendment 254 #

Proposal for a regulation
Article 6 – paragraph –1 (new)

-1. In relation to, on the one hand, goods or services offered to consumers through those online intermediation services by either that provider itself or any business users which that provider controls and, on the other hand, other business users, providers of online intermediation services shall use proportionate, fair and transparent practices.

Amendment 255 #

Proposal for a regulation
Article 6.º – paragraph 1

1. Providers of online intermediation services shall include in their terms and conditions a description of any differentiated treatment which they give, or may give, in relation to, on the one hand, goods or services offered to consumers through those online intermediation services by either that provider itself or any business users which that provider controls and, on the other hand, other business users. Practices known as ‘price parity clauses’ or ‘most favoured customer clauses’ which force business users to offer their lowest rate on a given online platform, whether a rate lower than that offered on any other platform or the lowest rate stipulated on their website. Those clauses distort competition and unfairly give companies a monopoly or oligopoly.

Amendment 256 #

Proposal for a regulation
Article 6 – paragraph 1

1. Providers of online intermediation services shall include in their terms and conditions a description of any differentiated treatment which they give, or may give in accordance with articles 101 and 102 of TFEU, in relation to, on the one hand, goods or services offered to consumers through those online intermediation services by either that provider itself or any business users which that provider controls and, on the other hand, other business users. Providers should also refrain from engaging in unfair commercial practices, that deviate from good commercial conduct.

Amendment 257 #

Proposal for a regulation
Article 6 – paragraph 1

1. Providers of online intermediation services and providers of online search engines shall include in their terms and conditions a clear, unequivocal description of any differentiated treatment which they give, or may give, in relation to, on the one hand, goods or services offered to consumers through th~~ose online intermediation services~~em by either that provider itself or any business users which that provider controls and, on the other hand, other business users.

Amendment 258 #

Proposal for a regulation
Article 6 – paragraph 1

1. Providers of online intermediation services shall include in their terms and conditions a description of any material differentiated treatment which they give, or may give, in relation to, on the one hand, goods or services offered to consumers through those online intermediation services by either that provider itself or any business users which that provider controls and, on the other hand, other business users.

Amendment 259 #

Proposal for a regulation
Article 6 – paragraph 1 a (new)

1 a. Providers of online search engines shall include in their terms and conditions a description of any differentiated treatment which they give, or may give, in relation to, on the one hand, goods or services offered to consumers through those online intermediation search engines, by either that provider itself or any business users which that provider controls and, on the other hand, other business users. Preferential treatment in search results of goods and services offered by the provider of online search engine itself or any business user which that provider controls is prohibited, unless it is granted under the conditions that apply to all business users.

Amendment 260 #

Proposal for a regulation
Article 6 – paragraph 1 a (new)

1a. Providers of online intermediation and online search engines shall be obliged to allow consumers to select which good or service to use as default when the consumer uses the online service for the first time. They must also enable consumers to quickly and easily change their preferences for goods or services used as default. They shall also be obliged to enable customers to refrain from choosing any default option.

Amendment 261 #

Proposal for a regulation
Article 6 – paragraph 2 – introductory part

2. The description referred to in paragraph 1 shall cover at least, where applicable, any differentiated treatment through specific measures taken by, or the behaviour of, the provider of the online intermediation services or the online search engine relating to any of the following:

Amendment 262 #

Proposal for a regulation
Article 6 – paragraph 2 – point a

(a) access that the provider, the search engine or that the business users which that provider controls, may have to any personal data or other data, or both, which business users or consumers provide for the use of the ~~online intermediation~~ services concerned or which are generated through the provision of those services;

Amendment 263 #

Proposal for a regulation
Article 6 – paragraph 2 – point c

(c) any direct or indirect remuneration charged for the use of the online intermediation services, or online search engine concerned;

Amendment 264 #

Proposal for a regulation
Article 6 – paragraph 2 – point d

(d) access to, or conditions for use of, services that are directly connected or ancillary to the online intermediation services or online search engine services concerned.

Amendment 265 #

Proposal for a regulation
Article 6 – paragraph 2 a (new)

2 a. An online intermediation service shall not engage in an unfair commercial practice. A practice shall constitute an unfair commercial practice if it grossly deviates from good commercial conduct and is contrary to good faith and fair dealing, having regard to any situation of imbalance between the online intermediary and a business user. In relation to the inclusion of contractual terms, account shall be taken of the extent to which a business user was able to individually negotiate terms of access to the online intermediation service, and the extent to which those terms excessively shape the business relationship to favour exclusively the online intermediation service’s own economic interests.

Amendment 266 #

Proposal for a regulation
Article 6 – paragraph 2 a (new)

2 a. When displaying the results, the online intermediation service shall disclose close to each product or service to which it gave differentiated treatment, in a well recognisable manner whether it has been influenced against direct or indirect remuneration, contractual or direct ownership relationships.

Amendment 267 #

Proposal for a regulation
Article 6 – paragraph 2 a (new)

2 a. The data referred to in paragraphs 2a and 2b shall be provided in aggregate form and in machine readable commonly used and standardised format.

Amendment 268 #

Proposal for a regulation
Article 7 – paragraph 1

1. Providers of online intermediation services ~~shall include in their~~or online search engines shall include in their respective interface the an option for the consumer, explained in clear and unambiguous language, to opt in and share personal data with third parties beyond what is set out in their privacy policies. terms and conditions a description of the technical and contractual access, or absence thereof, of business users to any personal data or other data, or both, which business users or consumers provide for the use of the online intermediation services or online search engines concerned or which are generated through the provision of those services.

Amendment 269 #

Proposal for a regulation
Article 7 – paragraph 1

1. Providers of online intermediation services or providers of search engines shall include in their terms and conditions a description of the technical and contractual access, or absence thereof, of business users to any personal data or other data, or both, which business users or consumers provide for the use of the online intermediation services or online search engines concerned or which are generated through the provision of those services.

Amendment 270 #

Proposal for a regulation
Article 7 – paragraph 1

1. Providers of online intermediation services and online search engines shall include in their terms and conditions a description of the technical and contractual access, or absence thereof, of business users to any personal data or other data, or both, which business users, corporate website users or consumers provide for the use of the online intermediation services or online search engines concerned or which are generated through the provision of those services.

Amendment 271 #

Proposal for a regulation
Article 7 – paragraph 1

1. Providers of online intermediation services or online search engines shall include in their terms and conditions a description of the technical and contractual access, or absence thereof, of business users to any personal data or other data, or both, which business users or consumers provide for the use of the online intermediation services or the online search engine concerned or which are generated through the provision of those services.

Amendment 272 #

Proposal for a regulation
Article 7 – paragraph 1

1. Providers of online intermediation services shall include in their terms and conditions a description of the technical and contractual access, or absence thereof, of business users to any personal data or other data, or both, which business users or consumers provide for the use of the online intermediation services concerned or which are generated through the provision of those services.

Amendment 273 #

Proposal for a regulation
Article 7 – paragraph 2 – introductory part

2. Through the description referred to in paragraph 1, providers of online intermediation services or providers of online search engines shall adequately inform business users at least of the following:

Amendment 274 #

Proposal for a regulation
Article 7 – paragraph 2 – introductory part

2. Through the description referred to in paragraph 1, providers of online intermediation services or online search engines shall adequately inform business users at least of the following:

Amendment 275 #

Proposal for a regulation
Article 7 – paragraph 2 – introductory part

2. Through the description referred to in paragraph 1, providers of online intermediation services or online search engine shall adequately inform business users at least of the following:

Amendment 276 #

Proposal for a regulation
Article 7 – paragraph 2 – introductory part

2. Through the description referred to in paragraph 1, providers of online intermediation services or online search engines shall adequately inform ~~business users~~the public at least of the following:

Amendment 277 #

Proposal for a regulation
Article 7 – paragraph 2 – point a

(a) whether the provider of online intermediation services or online search engines has access to personal data or other data, or both, which business users, corporate website users or consumers provide for the use of those services or which are generated through the provision of those services, and if so, to which categories of such data and under what conditions;

Amendment 278 #

Proposal for a regulation
Article 7 – paragraph 2 – point a

(a) whether the provider of online intermediation services or the online search engine provider has access to personal data or other data, or both, which business users or consumers provide for the use of those services or which are generated through the provision of those services, and if so, to which categories of such data and under what conditions;

Amendment 279 #

Proposal for a regulation
Article 7 – paragraph 2 – point a

(a) whether the provider of online intermediation services or online search engine has access to personal data or other data, or both, which business users or consumers provide for the use of those services or which are generated through the provision of those services, and if so, to which categories of such data and under what conditions;

Amendment 280 #

Proposal for a regulation
Article 7 – paragraph 2 – point a

Amendment 281 #

Proposal for a regulation
Article 7 – paragraph 2 – point b

(b) whether a business user has access to personal data or other data, or both, provided by that business user in connection to his or her use of the online intermediation services or online search engines concerned or generated through the provision of those services to that business user and the consumers of his or her goods or services, and if so, to which categories of such data and under what conditions;

Amendment 282 #

Proposal for a regulation
Article 7 – paragraph 2 – point b

Amendment 283 #

Proposal for a regulation
Article 7 – paragraph 2 – point b

(b) whether a business user has access to personal data or other data, or both, provided by that business user in connection to his or her use of the online intermediation services or online search engine concerned or generated through the provision of those services to that business user and the consumers of his or her goods or services, and if so, to which categories of such data and under what conditions;

Amendment 284 #

Proposal for a regulation
Article 7 – paragraph 2 – point b

(b) whether a business user has access to personal data or other data, or both, provided by that business user in connection to his or her use of the online intermediation services or online search engine concerned or generated through the provision of those services to that business user and the consumers of his or her goods or services, and if so, to which categories of such data and under what conditions;

Amendment 285 #

Proposal for a regulation
Article 7 – paragraph 2 – point c

(c) whether, in addition to point (b), a business user has access to personal data or other data, or both, including in aggregated form, provided by or generated through the provision of the online intermediation services or online search engines to all of the business users and consumers thereof, and if so, to which categories of such data and under what conditions.

Amendment 286 #

Proposal for a regulation
Article 7 – paragraph 2 – point c

(c) whether, in addition to point (b), a business user has access to personal data or other data, or both, including in aggregated form, provided by or generated through the provision of the online intermediation services or the online search engine to all of the business users and consumers thereof, and if so, to which categories of such data and under what conditions.

Amendment 287 #

Proposal for a regulation
Article 7 – paragraph 2 – point c

Amendment 288 #

Proposal for a regulation
Article 7 – paragraph 2 – point c

(c) whether, in addition to point (b), a business user has access to personal data or other data, or both, including in aggregated form, provided by or generated through the provision of the online intermediation services or search engines to all of the business users and consumers thereof, and if so, to which categories of such data and under what conditions.

Amendment 289 #

Proposal for a regulation
Article 7 – paragraph 2 a (new)

2 a. Notwithstanding the provisions of paragraphs 1 and 2, and with due respect of Regulation 2016/679 (GDPR), providers of online intermediated services, facilitating the contracting between the business user and the consumer, shall transmit the relevant contact data of the consumer to the business user, if the consumer gives explicit consent.

Amendment 290 #

Proposal for a regulation
Article 7 – paragraph 2 a (new)

2 a. Business users shall have access to all the data acquired by the provider of online intermediation services or online search engines as a result of their commercial activity of those business users, in line with the relevant Union law applicable to the protection of personal data and privacy.

Amendment 291 #

Proposal for a regulation
Article 7 – paragraph 2 a (new)

2 a. The online intermediation service provider and the search engine provider shall not share for commercial purposes with third parties, even within their corporate structure, data generated by the transactions of business users without their explicit consent.

Amendment 292 #

Proposal for a regulation
Article 7 – paragraph 2 a (new)

2a. Providers of online intermediation services or providers of online search engines may not disclose data generated by the transactions of a business user to third parties for commercial purposes without the consent of the business user.

Amendment 293 #

Proposal for a regulation
Article 8 – paragraph 1

1. Where, in the provision of their services, providers of online intermediation services shall not restrict the ability of business users to offer the same goods and services to consumers under different conditions through other means than through those services, they shall include grounds for that restriction in their terms and conditions and make those grounds easily available to the public. Those grounds shall include the main economic, commercial or legal considerations for those restrictions.

Amendment 294 #

Proposal for a regulation
Article 8 – paragraph 1

1. Where, in the provision of their services, providers of online intermediation services restrict the ability of business users to offer the same goods and services to consumers under different conditions through other means than through those services, they shall include grounds for that restriction in their terms and conditions and make those grounds easily available to the public. Those grounds shall include the main economic, commercial or legal considerations for those restrictions. The restrictions shall be proportionate, temporary and represent a legitimate interest of the provider.

Amendment 295 #

Proposal for a regulation
Article 8 – paragraph 1

1. Where, in the provision of their services, providers of online intermediation services rest~~rict the ability of business users to offer the same goods and services to consumers under different conditions through other means than through those services~~ablish obligation for business users to provide them with the same conditions for goods and services as they have at their homepage, they shall include grounds for that restriction in their terms and conditions and make those grounds easily available to the public. Those grounds shall include the main economic, commercial or legal considerations for those restrictions.

Amendment 296 #

Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1

Providers of online intermediation services or providers of online search engines shall provide for an internal system for handling the complaints of business users.

Amendment 297 #

Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 a (new)

The internal complaint-handling system shall be based on principles of equal treatment and its use shall not lead to any detrimental treatment of the business user.

Amendment 298 #

Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 2 – introductory part

That internal complaint-handling system shall be easily accessible for business users. It shall allow them to lodge complaints directly with the provider concerned regarding any of the following issues, among others:

Amendment 299 #

Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 2 – introductory part

That internal complaint-handling system shall ~~be easily accessible for business users. It shall allow them~~allow business users to lodge complaints directly with the provider concerned regarding any of the following issues:

Amendment 300 #

Proposal for a regulation
Article 9 – paragraph 2 – introductory part

2. As part of their internal complaint- handling system, providers of online intermediation services or providers of online search engines shall:

Amendment 301 #

Proposal for a regulation
Article 9 – paragraph 2 – point a

(a) duly consider complaints lodged and the follow-up which they may need to give to the complaint in order to adequately address the issue raised,; in a timely manner, which is proportionate to the importance, timing and complexity of that issue;

Amendment 302 #

Proposal for a regulation
Article 9 – paragraph 2 – point c

(c) communicate to the complainant the outcome of the internal complaint- handling process~~, in an individualised manner and drafted in clear and unambiguous language~~.

Amendment 303 #

Proposal for a regulation
Article 9 – paragraph 2 – point c

(c) communicate to the complainant the outcome of the internal complaint- handling process, in an individualised manner and drafted in ~~clear and unambiguous~~plain and intelligible language.

Amendment 304 #

Proposal for a regulation
Article 9 – paragraph 2 – point c

(c) communicate to the complainant the outcome of the internal complaint- handling process~~, in an individualised manner~~ and drafted in clear and unambiguous language.

Amendment 305 #

Proposal for a regulation
Article 9 – paragraph 3

3. Providers of online intermediation services and providers of search engines shall include in their terms and conditions all relevant information relating to the access to and functioning of their internal complaint-handling system.

Amendment 306 #

Proposal for a regulation
Article 9 – paragraph 3

3. Providers of online intermediation services shall ~~include in their t~~provide business userms ~~and conditions~~with all relevant information relating ~~to the access to and functioning of their internal complaint-handling system~~complaints lodging.

Amendment 307 #

Proposal for a regulation
Article 9 – paragraph 4

4. Providers of online intermediation services shall annually establish and make easily available to the public information on the functioning and effectiveness of their internal complaint- handling system. That information shall include the total number of complaints lodged, the subject- matter of the complaints, the time period needed to process the complaints and the decision taken on the complaints.deleted

Amendment 308 #

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1

Providers of online intermediation services and providers of online search engines shall annually establish and make easily available to the public information on the functioning and effectiveness of their internal complaint-handling system. They must also provide detailed information concerning these aspects at the request of the Commission or the relevant national authorities.

Amendment 309 #

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1

Providers of online intermediation services shall annually establish and make easily available to the public information on the ~~functi~~types of problems that business users face on their onlin~~g and effectiveness~~e intermediation service and the general functioning of their internal complaint-handling system.

Amendment 310 #

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2

~~That information shall include the total number of complaints lodged, the subject- matter of the complaints, the time period needed to process the complaints and the decision taken on the complaints.~~deleted

Amendment 311 #

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2

That information shall include ~~the total number of complaints lodged, the subject- matter of t~~relevant and non-proprietary information, such as the rates of successfully resolved complaints. Providers of online intermediation services shall, when complayin~~ts, the time period needed to process the complaints and the decision taken on the complaints~~g with the requirements of this paragraph, not be required to disclose any trade secrets as defined in Article 2(1) of Directive (EU) 2016/943 or any information where a legal or confidentiality obligation, does not allow them to do so or any information that may lead to consumer harm.

Amendment 312 #

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2

That information shall include, among other aspects, the total number of complaints lodged, the subject- matter of the complaints, the time period needed to process the complaints and the decision taken on the complaints.

Amendment 313 #

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1

Independent mediation shall be voluntary and used only after redress options within the internal complaint-handling system have been exhausted. Providers of online intermediation services ~~shall~~may identify in their terms and conditions one or more mediators with which they are willing to engage to attempt to reach an agreement with business users on the settlement, out of court, of any disputes between the provider and the business user arising in relation to the provision of the online intermediation services concerned, including complaints that could not be resolved by means of the internal complaint-handling system referred to in Article 9.

Amendment 314 #

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1

Providers of online intermediation services shall identify in their terms and conditions ~~one or more medi~~a list of mediators, out of a list of specialized mediators compiled by the Platforsm Observatory, with which they are willing to engage on a voluntary basis, to attempt to reach an agreement with business users on the settlement, out of court, of any disputes between the provider and the business user arising in relation to the provision of the online intermediation services concerned, including complaints that could not be resolved by means of the internal complaint-handling system referred to in Article 9.

Amendment 315 #

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1

Providers of online intermediation services and providers of online search engines shall identify in their terms and conditions one or more mediators with which they are willing to engage to attempt to reach an agreement with business users on the settlement, out of court, of any disputes between the provider and the business user arising in relation to the provision of the online intermediation services concerned, including complaints that could not be resolved by means of the internal complaint-handling system referred to in Article 9.

Amendment 316 #

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1

Providers of online intermediation services ~~shall~~could identify in their terms and conditions one or more mediators with which they are willing to engage to attempt to reach an agreement with business users on the settlement, out of court, of any disputes between the provider and the business user arising in relation to the provision of the online intermediation services concerned, including complaints that could not be resolved by means of the internal complaint-handling system referred to in Article 9.

Amendment 317 #

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1

Providers of online intermediation services shall identify in their terms and conditions one or more mediators with which they are willing to engage to attempt to reach an agreement with business users on the settlement, out of court, of ~~any~~ disputes between the provider and the business user arising in relation to the provision of the online intermediation services concerned~~, including complaints~~ that could not be resolved by means of the internal complaint-handling system referred to in Article 9.

Amendment 318 #

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2

Providers of online intermediation services may ~~only~~not identify mediators providing their mediation services from a location outside the Union where it is ensured that the business users concerned are not effectively deprived of the benefit of any legal safeguards laid down in Union law or the law of the Member States as a consequence of the mediators providing those services from outside the Union.

Amendment 319 #

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2

Providers of online intermediation services and providers of online search engines may only identify mediators providing their mediation services from a location outside the Union where it is ensured that the business users concerned are not effectively deprived of the benefit of any legal safeguards laid down in Union law or the law of the Member States as a consequence of the mediators providing those services from outside the Union.

Amendment 320 #

2. TIf established by intermediary service providers the mediators referred to in paragraph 1 shall meet the following requirements:

Amendment 321 #

Proposal for a regulation
Article 10.º – paragraph 2 – point b

(b) their mediation services are ~~afforda~~financially and technically accessible for an average business user of the online intermediation services concerned;

Amendment 322 #

Proposal for a regulation
Article 10 – paragraph 3

3. Providers of online intermediation services and providers of online search engines shall engage in good faith in any attempt to reach an agreement through the mediation of any of the mediators which they identified in accordance with paragraph 1, with a view to reaching an agreement on the settlement of the dispute.

Amendment 323 #

Proposal for a regulation
Article 10 – paragraph 3

3. Providers of online intermediation services and business users shall engage in good faith in any attempt to reach an agreement through the mediation of any of the mediators which they identified in accordance with paragraph 1, with a view to reaching an agreement on the settlement of the dispute.

Amendment 324 #

Proposal for a regulation
Article 10 – paragraph 3

3. Providers of online intermediation and business users services shall engage in good faith in any attempt to reach an agreement through the mediation of any of the mediators which they identified in accordance with paragraph 1, with a view to reaching an agreement on the settlement of the dispute.

Amendment 325 #

Proposal for a regulation
Article 10 – paragraph 3

Amendment 326 #

Proposal for a regulation
Article 10 – paragraph 3

3. Providers of online intermediation services and business users shall engage in good faith in any attempt to reach an agreement through the mediation of any of the mediators ~~which they~~ identified in accordance with paragraph 1, with a view to reaching an agreement on the settlement of the dispute.

Amendment 327 #

Proposal for a regulation
Article 10 – paragraph 4

4. Providers of online intermediation services shall bear a reasonable proportion of the total costs of mediation in each individual case. A reasonable proportion of those total costs shall be determined, on the basis of a suggestion by the mediator, by taking into account all relevant elements of the case at hand, in particular the relative merits of the claims of the parties to the dispute, the conduct of the parties, as well as the size and financial strength of the parties relative to one another. However, providers of online intermediation services shall ~~in any case~~ bear at least half of the total cost, in case the business user constitutes a small enterprise, in line with the relevant provisions of Commission Recommendation 2003/361/EC and provided that the business user has not acted previously in bad faith, or repeatedly brought forward cases not leading to agreement of the dispute, according to the mediator.

Amendment 328 #

Proposal for a regulation
Article 10 – paragraph 4

4. Providers of online intermediation services and providers of online search engines shall bear a reasonable proportion of the total costs of mediation in each individual case. A reasonable proportion of those total costs shall be determined, on the basis of a suggestion by the mediator, by taking into account all relevant elements of the case at hand, in particular the relative merits of the claims of the parties to the dispute, the conduct of the parties, as well as the size and financial strength of the parties relative to one another. However, providers of online intermediation services and providers of online search engines shall in any case bear at least half of the total cost.

Amendment 329 #

Proposal for a regulation
Article 10 – paragraph 4

4. Providers of online intermediation services ~~shall~~could bear a reasonable proportion of the total costs of mediation in each individual case. A reasonable proportion of those total costs shall be determined, on the basis of a suggestion by the mediator, by taking into account all relevant elements of the case at hand, in particular the relative merits of the claims of the parties to the dispute, the conduct of the parties, as well as the size and financial strength of the parties relative to one another. ~~However, providers of online intermediation services shall in any case bear at least half of the total cost.~~

Amendment 330 #

Proposal for a regulation
Article 10 – paragraph 4

Amendment 331 #

Proposal for a regulation
Article 10 – paragraph 4

4. Providers of online intermediation services shall bear a reasonable proportion of the total costs of mediation in each individual case when the complaint has a legal basis or is upheld. A reasonable proportion of those total costs shall be determined, on the basis of a suggestion by the mediator, by taking into account all relevant elements of the case at hand, in particular the relative merits of the claims of the parties to the dispute, the conduct of the parties, as well as the size and financial strength of the parties relative to one another. ~~However, providers of online intermediation services shall in any case bear at least half of the total cost.~~

Amendment 332 #

Proposal for a regulation
Article 10 – paragraph 4

4. Providers of online intermediation services shall bear a reasonable proportion of the total costs of mediation in each individual case. A reasonable proportion of those total costs shall be determined, on the basis of a suggestion by the mediator, by taking into account all relevant elements of the case at hand, in particular the relative merits of the claims of the parties to the dispute, whether a threshold of materiality is present in the claims, the conduct of the parties, as well as the size and financial strength of the parties relative to one another. ~~However, providers of online intermediation services shall in any case bear at least half of the total cost.~~

Amendment 333 #

Proposal for a regulation
Article 10 – paragraph 5

5. Any attempt to reach an agreement through mediation on the settlement of a dispute in accordance with this Article shall not affect the rights of the providers of the online intermediation services, of the providers of online search engines and of the business users concerned to initiate judicial proceedings at any time during or after the mediation process.

Amendment 334 #

Proposal for a regulation
Article 11 – paragraph 1

~~The Commission shall encourage providers of online intermediation services as well as organisations and associations representing them to individually or jointly~~Member States shall set up one or more organisations providing mediation services which meet the requirements specified in Article 10(2), for the specific purpose of facilitating the out-of-court settlement of disputes with business users arising in relation to the provision of those services, taking particular account of the cross- border nature of online intermediation services.

Amendment 335 #

Proposal for a regulation
Article 11 – paragraph 1

The Commission shall encourage providers of online intermediation services and providers of online search engines as well as organisations and associations representing them to individually or jointly set up one or more organisations providing mediation services which meet the requirements specified in Article 10(2), for the specific purpose of facilitating the out- of-court settlement of disputes with business users arising in relation to the provision of those services, taking particular account of the cross-border nature of online intermediation services.

Amendment 336 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – introductory part

Organisations or associations shall have the right referred to in paragraph 1 only where, at the time of bringing the action and for the duration of the action, they meet all of the following requirements:

Amendment 337 #

Michał BONI, Henna VIRKKUNEN

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point a

(a) they are properly constituted according to the law of a Member State and hold a qualified license issued by Member State;

Amendment 338 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point b

(b) they pursue objectives that are in the collective interest of the group of business users or corporate website users that they represent; The Group must consist at least majority of business users or corporate website users;

Amendment 339 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point b

(b) they pursue objectives that are in the collective interest of tha material and representative group of business users or corporate website users that they represent, on an opt-in basis;

Amendment 340 #

Michał BONI, Henna VIRKKUNEN

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point b a (new)

(b a) they disclose fully and publicly- available information about their membership and structure;

Amendment 341 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point c

Amendment 342 #

Pilar del CASTILLO VERA

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point c a (new)

(c a) The internal complaint-handling system provided in article 9 have been engaged and failed to terminate the dispute.

Amendment 343 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 a (new)

they are registered at the Transparency Register;

Amendment 344 #

Proposal for a regulation
Article 12 – paragraph 2 a (new)

2 a. they are transparent about their source of funding;

Amendment 345 #

Proposal for a regulation
Article 12 – paragraph 3

3. The right referred to in paragraph 1 shall be without prejudice to the rights of business users and corporate website users to individually take action before competent national courts, in accordance with the rules of the law of the Member State where the action is brought, to address any non-compliance by providers of online intermediation services or online search engines or providers of online search engines with the relevant requirements laid down in this Regulation.

Amendment 346 #

Proposal for a regulation
Article 12 – paragraph 3

3. The right referred to in paragraph 1 shall be without prejudice to the rights of business users and corporate website users to individually take action before competent national courts, in accordance with the rules of the law of the Member State where the action is brought, to address any non-compliance by providers of online intermediation services or online search engines with the relevant requirements laid down in this Regulation.

Amendment 347 #

Proposal for a regulation
Article 13 – paragraph 1

1. The Commission shall encourage the drawing up of codes of conduct and ensure they are complied with by providers of online intermediation services, by providers of online search engines and by organisations and associations representing them, intended to contribute to the proper application of this Regulation, taking account of the specific features of the various sectors in which ~~online intermediation services~~the services in question are provided, as well as of the specific characteristics of micro, small and medium-sized enterprises.

Amendment 348 #

Proposal for a regulation
Article 13 a (new)

Article 13 a Platform Observatory 1. The group of experts for the Observatory on the Online Platform Economy (“the group”) shall be established. 2. The group shall be composed of 15 members, appointed for a term of two years. Members shall be individuals appointed in a personal capacity. They shall have a proven competence and experience in respect of the online platform economy in general or of specific digital technologies, business models or other issues related thereto. Powers shall be delegated to the Commission for the application and nomination process. 3. Members shall act independently and in the public interest. 4. Members who are no longer capable of contributing effectively to the group’s deliberations, who, in the opinion of the Commission’s Directorate General for Communication Networks, Content and Technology and the Directorate General for Internal Market, Industry, Entrepreneurship and SMEs (“responsible Directorates-General of the Commission”), do not comply with the conditions set out in Article 339 of the Treaty on the Functioning of the European Union or who resign, shall no longer be invited to participate in any meetings of the group and may be replaced for the remainder of their term. 5. The Group shall have the following tasks: (a) to provide the Commission with advice and expertise on the evolution of the online platform economy, in particular as regards potentially harmful practices in commercial transactions between, on the one hand, providers of online intermediation services and of online search engines and, on the other hand, undertakings established in the Union that use or intend to use those online services to offer their goods or services to consumers located in the Union; (b) to compile a list of specialised mediators, that will be the pool of out of which the providers will have to choose in accordance with Article 10. (c)to establish and communicate the set of criteria used for the compilation of the list of specialized mediators (d) to perform expert analysis on issues of particular importance that may arise in relation to the online platform economy and the potentially harmful practices referred to in point (a), including: (i) issues related to algorithmic decision- making and ranking in connection with the provision of online intermediation services and online search engines, including the question of transparency; (ii) access to, and use of, different categories of personal data and other data, in compliance with data protection rules, provided or generated in the context of the provision and use of online intermediation services and online search engines; (iii) issues related to remuneration for material displayed online, in particular in relation to search results; (iv) transparency and accountability in business-to-business commercial relations in online advertising; (v) differentiated treatment which providers of online intermediation services might give to goods and services offered by themselves or by the undertakings which they control; (vi) restrictions to offer different conditions when using other distribution channels which providers of online intermediation services might impose on business users; (vii) possible impacts of these potentially harmful practices on consumers; (e) to assist the Commission in the preparation of its annual work programme, as regards the issues referred to in point (b); (f) to analyse the evolution of regulation, self-regulation or other policy measures related to the online platform economy in the Member States or, where relevant, for the online platform economy in the Union, in third countries; (g) upon the request of the Commission, and under its supervision, to liaise on specific issues related to the online platform economy with other relevant expert bodies or centres of excellence at Union, national or international level, to the extent necessary to perform the other tasks set out in this Article. 6. The Group shall meet at least twice a year, or at the request of the Commission, may meet more often. The Commission shall chair the Group and provide the secretariat to it.

Amendment 349 #

Proposal for a regulation
Article 13 a (new)

Article 13 a Applicable law This Regulation shall not affect the application of the relevant rules of Union law applicable in the areas of judicial cooperation in civil matters, competition, consumer protection, data protection, electronic commerce, financial services and trade secrets.

Amendment 350 #

Proposal for a regulation
Article 14 – paragraph 1

1. By [date: t~~hree~~wo years after the date of entry into force], and subsequently every three years, the Commission shall evaluate this Regulation and report to the European Parliament, the Council and the European Economic and Social Committee.

Amendment 351 #

Proposal for a regulation
Article 14 – paragraph 1

Amendment 352 #

Proposal for a regulation
Article 14 – paragraph 1

1. By [date: t~~hree~~wo years after the date of entry into force], and subsequently every t~~hree~~wo years, the Commission shall evaluate this Regulation and report to the European Parliament, the Council and the European Economic and Social Committee.

Amendment 353 #

Proposal for a regulation
Article 15 – paragraph 2

2. It shall apply from [date: ~~six~~eighteen months following the day of its publication].

Amendment 47 #

Proposal for a regulation
Recital 2

(2) Online intermediation services can be crucial for the commercial success of undertakings who use such services to reach consumers. The growing intermediation of transactions through online intermediation services, fuelled by strong data-driven indirect network effects, lead to an increased dependence of such business users, including micro, small and medium-sized enterprises, on those services in order for them to reach consumers. Given that increasing dependence, the providers of those services often have superior bargaining power, which enables them to effectively behave unilaterally in a way that can be unfair and that can be harmful to the legitimate interests of their businesses users and, indirectly, also of consumers in the Union. The growing role played by voice assistants installed in the most widely deployed operating systems, both mobile and desktop, or developed by wide- ranging online platforms, which are increasingly having an impact by orienting user searches towards specific goods and services, should therefore also be included as part of such services.

Amendment 48 #

Proposal for a regulation
Recital 2

(2) Online intermediation services can be crucial for the commercial success of undertakings who use such services to reach consumers. This worthwhile role must be carried out in a transparent and trustworthy manner, subject to clear rules laid down in advance for all actors and provided that a level playing field is established for all those involved in the operations. The growing intermediation of transactions through online intermediation services, fuelled by strong data-driven indirect network effects, lead to an increased dependence of such business users, including micro, small and medium- sized enterprises, on those services in order for them to reach consumers. Given that increasing dependence, the providers of those services often have superior bargaining power, which enables them to effectively behave unilaterally in a way that can be unfair and that can be harmful to the legitimate interests of their businesses users and, indirectly, also of consumers in the Union.

Amendment 49 #

Proposal for a regulation
Recital 2

(2) Online intermediation services can be crucial for the commercial success of undertakings who use such services to reach consumers. The growing intermediation of transactions through online intermediation services, fuelled by strong data-driven indirect network effects, lead to an increased dependence of such business users, including self- employed, micro, small and medium-sized enterprises, on those services in order for them to reach consumers. Given that increasing dependence which may affect large businesses in addition to self- employed, micro, small and medium-sized enterprises, the providers of those services often have superior bargaining power, which enables them to effectively behave unilaterally in a way that can be unfair and that can be harmful to the legitimate interests of their businesses users and, indirectly, also of consumers in the Union.

Amendment 50 #

Proposal for a regulation
Recital 3

(3) Similarly, online search engines can be important sources of Internet traffic for undertakings which offer goods or services to consumers through websites and can therefore significantly affect the commercial success of such corporate website users offering their goods or services online in the internal market. In this regard, the ranking of websites by providers of online search engines, including of those websites through which corporate website users offer their goods and services to consumers, has an important impact on consumer choice and the commercial success of those corporate website users. For that reason, transparency, equal treatment and doing away with practices which make it difficult for companies to operate and are detrimental to consumers are important. Even in the absence of a contractual relationship with corporate website users, providers of online search engines can therefore effectively behave unilaterally in a way that can be unfair and that can be harmful to the legitimate interests of corporate website users and, indirectly, also of consumers in the Union. Unwelcome practices of this kind which should be eradicated from online commercial activity include so-called ‘price parity clauses’ or ‘most favoured customer clauses’, which are clearly damaging to companies (particularly small companies) and consumers. These practices serve to entrench the monopolies and oligopolies enjoyed by some major e- platforms. These clauses force user companies to offer their lowest rate on a given online platform, whether this means a lower rate than those offered on any other platform or their lowest rate as stipulated on their website.

Amendment 51 #

Proposal for a regulation
Recital 3

(3) Similarly, online search engines can be important sources of Internet traffic for undertakings which offer goods or services to consumers in the EU through websites and can therefore significantly affect the commercial success of such corporate website users offering their goods or services online in the EU internal market. In this regard, the ranking of websites by providers of online search engines, including of those websites through which corporate website users offer their goods and services to consumers in the EU, has an important impact on consumer choice and the commercial success of those corporate website users. Even in the absence of a contractual relationship with corporate website users, providers of online search engines can therefore effectively behave unilaterally in a way that can be unfair and that can be harmful to the legitimate interests of corporate website users and, indirectly, also of consumers in the Union.

Amendment 52 #

Proposal for a regulation
Recital 4

(4) The dependence of business users on online intermediation services also leads to a situation in which business users often have limited possibilities to seek redress where unilateral actions of the providers of those services lead to a dispute. This applies in particular to micro, small and medium-sized enterprises, which do not have the human, technical or financial resources needed to ensure that contracts are beneficial to and transparent for both parties. In many cases, those providers do not offer accessible and effective internal complaint- handling systems. It may also be that the systems at EU level are very different. Existing alternative out- of-court dispute settlement mechanisms can also be ineffective for a variety of reasons, including a lack of specialised mediators and business users’ fear of retaliation.

Amendment 53 #

Proposal for a regulation
Recital 4

(4) The dependence of business users on online intermediation services also leads to a situation in which business users often have limited possibilities to seek redress where unilateral actions of the providers of those services lead to a dispute. In many cases, those providers do not offer accessible and effective internal complaint- handling systems. Existing alternative out- of-court dispute settlement mechanisms can also be ineffective for a variety of reasons, including a lack of specialised mediators and business users’ fear of retaliation, particularly in the case of cross-border transactions.

Amendment 54 #

Proposal for a regulation
Recital 5

(5) Online intermediation services and online search engines, as well as the commercial transactions facilitated by those services, have an intrinsic cross- border potential ~~and are of particular importance for the proper functioning of the Union’s internal market in today’s economy~~. The potentially unfair and harmful trading practices of certain providers of those services in respect of business users and corporate website users hamper the full realisation of that potential and negatively affect the proper functioning of the internal market. In addition, the full realisation of that potential is hampered, and the proper functioning of the internal market is negatively affected, ~~by diverging laws of certain Member States which, with a varying degree of effectiveness, regulate those services, while other Memb~~with the brunt of the problem being borne by micro, small and medium-sized enterprises. A cross-border regulatory framework should be established which lays down how issues including the following should be handled: tax payments, labour issues and issues concerning the transparent hiring of services, among others, with a view to ensuring the proper functioning of the market and fair and balanced competition. Lastly, a proper Sta~~tes are considering adopting such laws~~x system is needed for operations of this kind, one which makes for equality in tax treatment for companies and does not incentivise fiscal dumping.

Amendment 55 #

Proposal for a regulation
Recital 5

(5) Online intermediation services and online search engines, as well as the ~~commercial~~ transactions facilitated by those services, have an intrinsic cross- border potential and are of particular importance for the proper functioning of the Union’s internal market in today’s economy. The potentially unfair and harmful trading practices of certain providers of those services in respect of business users and corporate website users hamper the full realisation of that potential and negatively affect the proper functioning of the internal market. In addition, the full realisation of that potential is hampered, and the proper functioning of the internal market is negatively affected, by diverging laws of certain Member States which, with a varying degree of effectiveness, regulate those services, while other Member States are considering adopting such laws.

Amendment 56 #

Proposal for a regulation
Recital 5

Amendment 57 #

(6) A uniform and targeted set of mandatory rules should therefore be established at Union level to ensure a fair, predictable, sustainable and trusted online business environment within the internal market by ensuring, in particular, that the business users of online intermediation services are afforded appropriate transparency as well as effective redress possibilities throughout the Union. Those rules should also provide for appropriate transparency as regards the ranking of corporate website users in the search results generated by online search engines. At the same, those rules should be such as to safeguard the important innovation potential of the wider online platform economy. In line with the development of the sector, the European Commission shall examine the reinforcement of the transparency and fairness provisions set in this Regulation either by sector specific legislation or review of this Regulation.

Amendment 58 #

Proposal for a regulation
Recital 6

(6) A uniform and targeted set of mandatory rules should therefore be established at Union level to ensure a fair, predictable, sustainable and trusted online business environment within the internal market by ensuring, in particular, that the business users of online intermediation services are afforded appropriate transparency as well as effective redress possibilities throughout the Union. Those rules should also provide for appropriate ~~transparenc~~incentives to promote fair and proportionate business behaviour and transparency, especially as regards the ranking of corporate website users in the search results generated by online search engines, including voice assistants. At the same, those rules should be such as to safeguard the important innovation potential of the wider online platform economy and allow for a healthy competition leading to increased consumer choice.

Amendment 59 #

Proposal for a regulation
Recital 6

(6) A uniform and targeted set of mandatory rules should therefore be established at Union level to ensure a fair, predictable, sustainable and trusted online business environment within the internal market by ensuring, in particular, that the business users of online intermediation services are afforded appropriate transparency as well as effective redress possibilities throughout the Union. ~~Those rules should also provide for appropriate transparency as regards the ranking of corporate website users in the search results generated by online search engines.~~ At the same, those rules should be such as to safeguard the important innovation potential of the wider online platform economy.

Amendment 60 #

Proposal for a regulation
Recital 6

(6) A uniform and targeted set of mandatory rules should therefore be established at Union level to ensure a fair, predictable, sustainable and trusted online business environment within the internal market by ensuring, in particular, that the business users of online intermediation services are afforded appropriate transparency as well as effective redress possibilities throughout the Union for repeated non-fulfilment. Those rules should also provide for appropriate transparency as regards the ranking of corporate website users in the search results generated by online search engines. At the same, those rules should be such as to safeguard the important innovation potential of the wider online platform economy, as well as service recipients.

Amendment 61 #

Proposal for a regulation
Recital 6

(6) A uniform and targeted set of mandatory rules should therefore be established at Union level to ensure a fair, predictable, sustainable and trusted online business environment ~~within the internal market~~ by ensuring, in particular, that the business users of online intermediation services are afforded appropriate transparency as well as effective redress possibilities throughout the Union. Those rules should also provide for appropriate transparency as regards the ranking of corporate website users in the search results generated by online search engines. At the same, those rules should be such as to safeguard the important innovation potential of the wider online platform economy.

Amendment 62 #

Proposal for a regulation
Recital 6 a (new)

(6 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 63 #

Proposal for a regulation
Recital 7

(7) Since online intermediation services and online search engines typically have a global dimension, this Regulation should apply to providers of those services regardless of whether they are established in a Member State or outside the Union, provided that two cumulative conditions are met. Firstly, the business users or corporate website users should be established in the Union. Secondly, the business users or corporate website users should, through the provision of those services, offer their goods or services to consumers located in the Union at least for part of the transaction. In accordance with Regulation (EC) No 44/2001 (Brussels I) and Regulation (EC) No 593/2008 (Rome I), this would mean that the online intermediation services and online search engines have targeted or directed sales to consumers located in one or more Member States, irrespective of where in the Union. Such consumers should be located in the Union, but do not need to have their place of residence in the Union nor have the nationality of any Member State. Accordingly, this Regulation should not apply where the business users or corporate websites users are not established in the Union or where they are established in the Union but where they use online intermediation services or online search engines to offer goods or services exclusively to consumers located outside the Union or to persons who are not consumers.

Amendment 64 #

Proposal for a regulation
Recital 7

(7) Since online intermediation services and online search engines typically have a global dimension, this Regulation should apply to providers of those services regardless of whether they are established in a Member State or outside the Union, provided that two cumulative conditions are met. Firstly, the business users or corporate website users should be established in the Union. Secondly, the business users or corporate website users should, through the provision of those services, offer their goods or services to consumers or businesses located in the Union at least for part of the transaction. Such consumers should be located in the Union, but do not need to have their place of residence in the Union nor have the nationality of any Member State. Accordingly, this Regulation should not apply where the business users or corporate websites users are not established in the Union or where they are established in the Union but where they use online intermediation services or online search engines to offer goods or services exclusively to consumers located outside the Union or to persons who are not consumers.

Amendment 65 #

Proposal for a regulation
Recital 7 a (new)

(7a) It is also very important to foster proper training for consumers and companies in the fields covered by this Regulation, with a view to significantly improving opportunities for consumers and companies to get involved in regulating the sector. Similarly, workers and their representatives must be able to participate properly in the regulation of the sector, not only with regard to their working conditions, but also as a means of improving public scrutiny of the sector’s activities as a whole.

Amendment 66 #

Proposal for a regulation
Recital 8

(8) A wide variety of business-to- consumer commercial relations are intermediated online by providers operating multi-sided services that are essentially based on the same ecosystem- building business model. In order to capture the relevant services, online intermediation services should be defined in a precise and technologically-neutral manner. In particular, the services should consist of information society services, which are characterised by the fact that they aim to ~~facilitate the initiating of~~enable business users to target or direct offers of goods or services to consumers, with a view to receiving direct or indirect remuneration from direct transactions between business users and consumers, irrespective of whether the transactions are ultimately concluded either online, on the online portal of the provider of the online intermediation services in question or that of the business user, or offline. In addition, the services should be provided on the basis of contractual relationships both between the providers and business users and between the providers and the consumers. Such a contractual relationship should be deemed to exist where both parties concerned express their intention to be bound in an unequivocal and verifiable manner, without an express written agreement necessarily being required.

Amendment 67 #

Proposal for a regulation
Recital 9

(9) Examples of online intermediation services covered by this Regulation should consequently include online e-commerce market places, including collaborative ones on which business users are active, online software applications services and online social media services. However, this Regulation should not apply to online advertising serving tools or online advertising exchanges which are not provided with the aim of facilitating the initiation of direct transactions and which do not involve a contractual relationship with consumers. This Regulation should also not apply to online payment services, since they do not themselves meet the applicable requirements but are rather inherently auxiliary to the transaction for the supply of goods and services to the consumers concerned or electronic communications networks or services or audio-visual media services, which are subject to sector specific regulation in relation to transparency, redress and non- discrimination.

Amendment 68 #

Proposal for a regulation
Recital 9

(9) Examples of online intermediation services covered by this Regulation should consequently include online e-commerce market places, including collaborative ones on which business users are active, online software applications services and online social media services. However, this Regulation should not apply to online advertising serving tools or online advertising exchanges which are not provided with the aim of facilitating the initiation of direct transactions and which do not involve a contractual relationship with consumers. This Regulation should also not apply to online payment services, since they do not themselves meet the applicable requirements but are rather inherently auxiliary to the transaction for the supply of goods and services to the consumers concerned. or electronic communications networks or services or audiovisual media services, which are subject to sector specific regulation in relation to transparency, redress and non discrimination;

Amendment 69 #

Pilar del CASTILLO VERA

Proposal for a regulation
Recital 9

(9) Examples of online intermediation services covered by this Regulation should consequently include online e-commerce market places, including collaborative ones on which business users are active, online software applications services and online social media services. However, this Regulation should not apply to online advertising serving tools or online advertising exchanges which are not provided with the aim of facilitating the initiation of direct transactions and which do not involve a contractual relationship with consumers. This Regulation should also not apply to audiovisual or electronic communication services subject to redress, transparency and non- discrimination sector specific regulation, or to online payment services, since theyse do not themselves meet the applicable requirements but are rather inherently auxiliary to the transaction for the supply of goods and services to the consumers concerned.

Amendment 70 #

Proposal for a regulation
Recital 9

Amendment 71 #

Proposal for a regulation
Recital 9

Amendment 72 #

Proposal for a regulation
Recital 11

(11) For reasons of consistency, the definition of online search engine used in this Regulation should be aligned with the definition used in Directive (EU) 2016/1148 of the European Parliament and of the Council21 . _________________ 21 Directive (EU) 2016/1148 of the European Parliament and of the Council concerning measures for a high common level of security of network and information systems across the Union (OJ L 194, 19.7.2016, p. 1).deleted

Amendment 73 #

Proposal for a regulation
Recital 11

(11) For reasons of consistency, the definition of online search engine used in this Regulation should be aligned with the definition used in Directive (EU) 2016/1148 of the European Parliament and of the Council21 . The definition of an online search engine as a digital service that allows users to perform searches on the basis of a query on any subject in the form of a keyword, phrase or other input, and returns links, should be understood as technologically neutral and should include, but not be limited to, data entered in the form of typed input, voice and image search. _________________ 21 Directive (EU) 2016/1148 of the European Parliament and of the Council concerning measures for a high common level of security of network and information systems across the Union (OJ L 194, 19.7.2016, p. 1).

Amendment 74 #

Proposal for a regulation
Recital 11

(11) For reasons of consistency, the definition of online search engine used in this Regulation should be aligned with the definition used in Directive (EU) 2016/1148 of the European Parliament and of the Council21 . However, considering the quick pace of innovation, the interpretation of the term should be made in the widest possible meaning. _________________ 21 Directive (EU) 2016/1148 of the European Parliament and of the Council concerning measures for a high common level of security of network and information systems across the Union (OJ L 194, 19.7.2016, p. 1).

Amendment 75 #

Proposal for a regulation
Recital 11

(11) ~~For reasons of consistency, t~~The definition of online search engine used in this Regulation should be ~~aligned with~~broader than the definition used in Directive (EU) 2016/1148 of the European Parliament and of the Council21 in order to ensure technology-neutrality and recognise the variety of search services. _________________ 21 Directive (EU) 2016/1148 of the European Parliament and of the Council concerning measures for a high common level of security of network and information systems across the Union (OJ L 194, 19.7.2016, p. 1).

Amendment 76 #

Proposal for a regulation
Recital 11

(11) ~~For reasons of consistency, t~~The definition of online search engine used in this Regulation should be ~~aligned with~~broader than the definition used in Directive (EU) 2016/1148 of the European Parliament and of the Council~~21 . _________________ 21 Directive (EU) 2016/1148 of the European Parliament and of the Council concerning measures for a high common level of secu~~ in order to ensure technology-neutrality and encompass the variety of ~~network and information systems across the Union (OJ L 194, 19.7.2016, p. 1)~~search services in the market.

Amendment 77 #

Proposal for a regulation
Recital 12

(12) In order to effectively protect business users where needed, this Regulation should apply ~~where~~to the terms and conditions of a contractual relationship, regardless of their name or form, are not individually negotiated by the parties to them. Whether or not terms and conditions were individually negotiated should be determined on the basis of an overall assessment, whereby the fact that certain provisions thereof may have been individually negotiated is, in itself, not decisive.

Amendment 78 #

Proposal for a regulation
Recital 12

(12) In order to effectively protect business users where needed, this Regulation should apply where the terms and conditions of a contractual relationship, regardless of their name or form, are not individually negotiated by the parties to them. It should also apply in situations where, even though a contractual relationship has been individually negotiated, there is evidence that the negotiation was unfair or based on a failure to share information, or where it seems that a company has made use of its position as a monopoly or oligopoly. Whether or not terms and conditions were individually negotiated should be determined on the basis of an overall assessment, whereby the fact that certain provisions thereof may have been individually negotiated is, in itself, not decisive.

Amendment 79 #

Proposal for a regulation
Recital 13

(13) To ensure that the general terms and conditions of a contractual relationship enable business users to determine the commercial conditions for the use, termination and suspension of online intermediation services, and to achieve predictability regarding their business relationship, those terms and conditions should be drafted in clear and unambiguous language which is easily understood by an average business user. Terms and conditions should not be considered to have been drafted in clear and unambiguous language where they are vague, unspecific or lack detail on important commercial issues or allow for disproportionate decision making power of the dominant side and thus fail to give business users a reasonable degree of predictability on the most important aspects of the contractual relationship.

Amendment 80 #

Proposal for a regulation
Recital 13

(13) To ensure that the general terms and conditions of a contractual relationship enable business users to determine the commercial conditions for the use, termination and suspension of online intermediation services, and to achieve predictability regarding their business relationship, those terms and conditions should be drafted in ~~clear and unambiguous~~plain and intelligible language which is easily understood by an average business user. Terms and conditions should not be considered to have been drafted in ~~clear and unambiguous~~plain and intelligible language where they are vague, unspecific or lack detail on important commercial issues and thus fail to give business users a reasonable degree of predictability on the most important aspects of the contractual relationship.

Amendment 81 #

Proposal for a regulation
Recital 14

Amendment 82 #

Proposal for a regulation
Recital 14

Amendment 83 #

Proposal for a regulation
Recital 14

Amendment 84 #

Proposal for a regulation
Recital 14

Amendment 85 #

Proposal for a regulation
Recital 14

Amendment 86 #

(15) In order to protect business users it should be possible for a competent court to establish that non-compliant terms and conditions are not binding on the business user concerned, with effects ex nunc. Any such finding by a court should however only concern the specific provisions of the terms and conditions which are not compliant. The remaining provisions should remain valid and enforceable, in as far as they can be severed from the non- compliant provisions. Sudden modifications to existing terms and conditions may significantly disrupt business users’ operations. In order to limit such negative effects on business users, and to discourage such behaviour, modifications made in contravention of the obligation to provide a set notice period, should therefore be null and void, that is, deemed to have never existed with effects erga omnes and ex tunc, unless of a purely administrative nature and have no negative effect on the end-user or directly imposed by legislative or regulatory provisions.

Amendment 87 #

Proposal for a regulation
Recital 15

(15) In order to protect business users it should be possible for a competent court to establish that non-compliant terms and conditions are not binding on the business user concerned, with effects ex nunc. Any such finding by a court should however only concern the specific provisions of the terms and conditions which are not compliant. The remaining provisions should remain valid and enforceable, in as far as they can be severed from the non- compliant provisions, provided that continued provision of the service does not cause irreparable harm to the company in question. Sudden modifications to existing terms and conditions may significantly disrupt business users’ operations. In order to limit such negative effects on business users, and to discourage such behaviour, modifications made in contravention of the obligation to provide a set notice period, should therefore be null and void, that is, deemed to have never existed with effects erga omnes and ex tunc.

Amendment 88 #

Proposal for a regulation
Recital 15

(15) In order to protect business users it should be possible for a competent court to establish that non-compliant terms and conditions are not binding on the business user concerned, with effects ex nunc. Any such finding by a court should however only concern the specific provisions of the terms and conditions which are not compliant. The remaining provisions should remain valid and enforceable, in as far as they can be severed from the non- compliant provisions. Sudden modifications to existing terms and conditions may significantly disrupt business users’ operations. In order to limit such negative effects on business users, and to discourage such behaviour, modifications made in contravention of the obligation to provide a set notice period, should therefore ~~be null and void, that is, deemed to have never existed with effects erga omnes and ex tunc~~enter into force only after the legal notice period has been completed and those at fault will be liable for damages.

Amendment 89 #

Proposal for a regulation
Recital 15

(15) In order to pro~~tect~~vide optimum protection for business users it should be possible for a competent court to establish that non-compliant terms and conditions are not binding on the business user concerned, with effects ex nunc. Any such finding by a court should however only concern the specific provisions of the terms and conditions which are not compliant. The remaining provisions should remain valid and enforceable, in as far as they can be severed from the non- compliant provisions. Sudden modifications to existing terms and conditions may significantly disrupt business users’ operations. In order to limit such negative effects on business users, and to discourage such behaviour, modifications made in contravention of the obligation to provide a set notice period, should therefore be null and void, that is, deemed to have never existed with effects erga omnes and ex tunc.

Amendment 90 #

Proposal for a regulation
Recital 16

(16) A provider of online intermediation services can have legitimate reasons to decide to s~~uspend~~anction, suspend, delist or terminate the provision of its services, in whole or in part, to a given business user, including by delisting individual goods or services of a given business user or effectively removing search results. Such legitimate reasons could include legal obligations to remove content or terminate the provision of intermediation services as a whole, business user violation deviating from the agreed terms and conditions, that could be harmful to the consumer (for example, but not limited to: security issues, fraud, spam, phishing, abuse of consumer data or financial position, illegal and harmful content). However, given that such decisions can significantly affect the interests of the business user concerned, they should be properly informed of the reasons thereof. The statement of reasons should allow business users to ascertain whether there is scope to challenge the decision, thereby improving the possibilities for business users to seek effective redress where necessary. In addition, requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content, in line with Commission Recommendation (EU) No 2018/33422 . The statement of reasons should identify the objective ground or grounds for the decision, based on the grounds that the provider had set out in advance in its terms and conditions, and refer in a proportionate manner to the relevant specific circumstances that led to that decision. In case of suspicion of exercise of harmful practices by business users against the interest of the consumer or the platform, such statement of reasons should not be provided as the information could help maintain or improve the said harmful practices. _________________ 22 Commission Recommendation (EU) No 2018/334 of 1 March 2018 on measures to effectively tackle illegal content online (OJ L 63, 6.3.2018, p. 50).

Amendment 91 #

Proposal for a regulation
Recital 16

Amendment 92 #

Proposal for a regulation
Recital 16

Amendment 93 #

Proposal for a regulation
Recital 16

Amendment 94 #

Proposal for a regulation
Recital 17

(17) The ranking of goods and services by the providers of online intermediation services has an important impact on consumer choice and, consequently, on the commercial success of the business users offering those goods and services to consumers. Providers of online intermediation services should therefore outline the main parameters determining ranking beforehand, in order to improve predictability for business users, to allow them to better understand the functioning of the ranking mechanism and to enable them to compare the ranking practices of various providers. At the same time they should ensure that the ranking of goods and services presents a balanced choice of results so as to avoid manipulation and the harm of business users and consumers. The notion of main parameter should be understood to refer to any general criteria, processes, specific signals incorporated into algorithms or other adjustment or demotion mechanisms used in connection with the ranking. The description of the main parameters determining ranking should also include an explanation of any possibility for business users to actively influence ranking against remuneration, as well as of the relative effects thereof. This description should provide business users with an adequate understanding of how the ranking mechanism takes account of the characteristics of the actual goods or services offered by the business user, and their relevance to the consumers of the specific online intermediation services. When ranking is influenced against remuneration, the consumers shall receive clear and unambiguous information regarding sponsored products or services.

Amendment 95 #

Proposal for a regulation
Recital 17

(17) The ranking of goods and services by the providers of online intermediation services has an important impact on consumer choice and, consequently, on the commercial success of the business users offering those goods and services to consumers. Providers of online intermediation services should therefore outline the ~~main~~ parameters determining ranking beforehand, in order to improve predictability for business users, to allow them to better understand the functioning of the ranking mechanism and to enable them to compare the ranking practices of various providers. The notion of ~~main~~ parameter should be understood to refer to any general criteria, processes, specific signals incorporated into algorithms or other adjustment or demotion mechanisms used in connection with the ranking. The description of the ~~main~~ parameters determining ranking should also include an explanation of any possibility for business users to actively influence ranking against remuneration, as well as of the relative effects thereof. This description should provide business users with an adequate understanding of how the ranking mechanism takes account of the characteristics of the actual goods or services offered by the business user, and their ~~relevance~~benefit to the consumers of the specific online intermediation services. When displaying the results, the online intermediation service shall also disclose close to each ranking whether it has been influenced against direct or indirect remuneration, contractual or direct ownership relationship.

Amendment 96 #

Proposal for a regulation
Recital 17

Amendment 97 #

Proposal for a regulation
Recital 17 a (new)

(17 a) The outlining of the main parameters that determine ranking should be carried out by the provider bearing into consideration and taking all the necessary measures to protect against harmful practices exercised by business users resulting in ranking manipulation.

Amendment 98 #

Proposal for a regulation
Recital 17 b (new)

(17 b) The ranking of goods and services by the providers of online intermediation services and search engines is determined, at least partly, by user generated comments and reviews. The provider or search engine, in coordination with the business users, should develop mechanisms that address the issue of fake comments and reviews that are trying either to manipulate the ranking either for or against a business user resulting in harmful practices against the consumer. Such mechanisms should include, but not be limited to, defining eligibility criteria for commenting or reviewing a product or service and shall be mentioned in the terms and conditions. The provider shall also identify the conditions under which a comment or review can be removed and outline the relative procedure in the terms and conditions.

Amendment 99 #

Proposal for a regulation
Recital 17 c (new)

(17 c) Given the importance of comments and reviews for the business users, the online intermediation service providers and search engine providers should develop solutions that focus on the verification and portability of comments and reviews from one intermediation service provider and search engine provider to another, so as to avoid duplication, enhance transparency and to facilitate the consumer’s choice. Such solutions could explore the possibility of employing distributed ledger technology for the tokenisation and verification of data related to comments and reviews and the portability of said data to other intermediation service provider and search engine provider.

source: 627.905

2018/10/08 IMCO 681 amendments...

Amendment 100 #

Christel SCHALDEMOSE, Liisa JAAKONSAARI, Olga SEHNALOVÁ, Nicola DANTI, Marlene MIZZI

Proposal for a regulation
Recital 8

Amendment 101 #

Proposal for a regulation
Recital 8

(8) A wide variety of business-to- consumer commercial relations are intermediated online by providers operating multi-sided services that are essentially based on the same ecosystem- building business model. In order to capture the relevant services, online intermediation services should be defined in a precise and technologically-neutral manner. In particular, the services should consist of information society services, which are characterised by the fact that they aim to facilitate the initiating of direct transactions between business users and consumers, irrespective of whether the transactions are ultimately concluded either online, on the online portal of the provider of the online intermediation services in question or that of the business user, or offline, meaning that there is no requirement for any contractual relationship between the business users and consumers as a precondition for the inclusion of an online intermediation service within the scope of this Regulation. In addition, the services should be provided on the basis of contractual relationships both between the providers and business users and between the providers and the consumers. Such a contractual relationship should be deemed to exist where both parties concerned express their intention to be bound in an unequivocal and verifiable manner, without an express written agreement necessarily being required. Such a contractual relationship between the providers of online intermediation services and consumers should also be deemed to exist in cases where the services are supplied to the consumer against the provision of personal data or other data by the consumer.

Amendment 102 #

Proposal for a regulation
Recital 9

Amendment 103 #

Proposal for a regulation
Recital 9

(9) Examples of online intermediation services covered by this Regulation should consequently include online e-commerce market places, including collaborative ones on which business users are active, online software applications services such as application stores, and online social media services. Services that partially operate offline, for example for the purpose of data consumption saving, should also be understood as online intermediation services; as the local storage and the computing power of devices increase rapidly, such a flexibility in assessing the online character of a service is crucial to limit the risk of bypassing the present proposition of regulation. However, this Regulation should not apply to online advertising serving tools or online advertising exchanges which are not provided with the aim of facilitating the initiation of direct transactions and which do not involve a contractual relationship with consumers. This Regulation should also not apply to online payment services, since they do not themselves meet the applicable requirements but are rather inherently auxiliary to the transaction for the supply of goods and services to the consumers concerned.

Amendment 104 #

Proposal for a regulation
Recital 9

(9) Examples of online intermediation services covered by this Regulation should consequently include online e-commerce market places, including collaborative ones on which business users are active, and any marketplace like functionality of online software applications services and online social media services. However, this Regulation should not apply to online advertising serving tools or online advertising exchanges or to services where user-generated content is dominant which are not provided with the aim of facilitating the initiation of direct transactions and which do not involve a contractual relationship with consumers. This Regulation should also not apply to online payment services, since they do not themselves meet the applicable requirements but are rather inherently auxiliary to the transaction for the supply of goods and services to the consumers concerned.

Amendment 105 #

Antonio LÓPEZ-ISTÚRIZ WHITE

Proposal for a regulation
Recital 9

(9) Examples of online intermediation services covered by this Regulation should consequently include online e-commerce market places, including collaborative ones on which business users are active, online software applications services, online intermediation services linking hardware and applications, text and voice search and assistance services and online social media services. However, this Regulation should not apply to online advertising serving tools or online advertising exchanges which are not provided with the aim of facilitating the initiation of direct transactions and which do not involve a contractual relationship with consumers. This Regulation should also not apply to online payment services, since they do not themselves meet the applicable requirements but are rather inherently auxiliary to the transaction for the supply of goods and services to the consumers concerned.

Amendment 106 #

Proposal for a regulation
Recital 9

(9) Examples of online intermediation services covered by this Regulation should consequently include online e-commerce market places, including collaborative ones on which business users are active, online software applications services and online social media services. However, this Regulation should not apply to online advertising serving tools or online advertising exchanges which are not provided with the aim of facilitating the initiation of direct transactions and which do not involve a contractual relationship with consumers. This Regulation should also not apply to audiovisual or electronic communication services subject to redress, transparency and non- discrimination sector specific regulation, or to online payment services, since theyse do not themselves meet the applicable requirements but are rather inherently auxiliary to the transaction for the supply of goods and services to the consumers concerned.

Amendment 107 #

Proposal for a regulation
Recital 9

Amendment 108 #

Proposal for a regulation
Recital 9

Amendment 109 #

Proposal for a regulation
Recital 9

(9) Examples of online intermediation services covered by this Regulation should consequently include online e-commerce market places, including collaborative ones on which business users are active, online software applications services and online social media services. However, this Regulation should not apply to online advertising serving tools or online advertising exchanges, or where the user- generated content is dominant, which are not provided with the aim of ~~facilitating the~~ initiati~~on of~~ng direct transactions and which do not involve a contractual relationship with consumers. This Regulation should also not apply to online payment services, since they do not themselves meet the applicable requirements but are rather inherently auxiliary to the transaction for the supply of goods and services to the consumers concerned.

Amendment 110 #

Proposal for a regulation
Recital 9

Amendment 111 #

Amendment 112 #

Philippe JUVIN, Carlos COELHO, Sabine VERHEYEN, Pascal ARIMONT

Proposal for a regulation
Recital 9

Amendment 113 #

Proposal for a regulation
Recital 9

Amendment 114 #

Marlene MIZZI, Maria GRAPINI, Nicola DANTI

Proposal for a regulation
Recital 9

Amendment 115 #

Proposal for a regulation
Recital 9 a (new)

(9a) In certain cases, distinguishing between business users and non-business users of online intermediation services may be complicated. Such a distinction is important, since business users who offer goods or services to consumers should also be under stricter obligations towards consumers. In line with the Commission Proposal for a Directive of the European Parliament and of the Council amending Council Directive 93/13/EEC of 5 April 1993, Directive 98/6/EC of the European Parliament and of the Council, Directive 2005/29/EC of the European Parliament and of the Council and Directive 2011/83/EU of the European Parliament and of the Council as regards better enforcement and modernisation of EU consumer protection rules, it should not be in the discretion of the provider of an online intermediation service to distinguish whether a user is a business user or a non-business user. Rather, the users of online intermediation services should be required to indicate whether they are business users or not, and if so, fulfil their stricter obligations towards consumers. Online intermediation services shall display the information.

Amendment 116 #

Proposal for a regulation
Recital 10

(10) In line with the relevant case-law of the Court of Justice of the European Union and in light of the fact that the dependent position of business users has been observed principally in respect of online intermediation services that serve as a gateway to consumers in the form of natural persons, the notion of consumer used to delineate the scope of this Regulation is to be understood as referring solely to natural persons, where they are acting for purposes which are outside their trade, business, craft or profession. For the purpose of this Regulation, therefore, online intermediation services and search engines that allow solely direct or target offers of goods and services from businesses to other businesses are excluded because while there may be an imbalance relationship, there is not direct consequence on consumers.

Amendment 117 #

Proposal for a regulation
Recital 11

(11) ~~For reasons of consistency, t~~The definition of online search engine used in this Regulation should be ~~aligned with~~broader than the definition used in Directive (EU) 2016/1148 of the European Parliament and of the Council21 in order to ensure technology-neutrality and encompass the variety of search services in the market. _________________ 21 Directive (EU) 2016/1148 of the European Parliament and of the Council concerning measures for a high common level of security of network and information systems across the Union (OJ L 194, 19.7.2016, p. 1).

Amendment 118 #

Proposal for a regulation
Recital 11

(11) For reasons of consistency, the definition of online search engine used in this Regulation should be aligned with the definition used in Directive (EU) 2016/1148 of the European Parliament and of the Council21. Services that partially operate offline, for example for the purpose of data consumption saving, should also be understood as online search engines; as the local storage and the computing power of devices increase rapidly, such a flexibility in assessing the online character of a search engine is crucial to limit the risk of by passing the present proposition of regulation. _________________ 21 Directive (EU) 2016/1148 of the European Parliament and of the Council concerning measures for a high common level of security of network and information systems across the Union (OJ L 194, 19.7.2016, p. 1).

Amendment 119 #

(11) For reasons of consistency, the definition of online search engine used in this Regulation should be aligned with the definition used in Directive (EU) 2016/1148 of the European Parliament and of the Council21. However, considering the quick pace of innovation, the interpretation of the term should be made in the widest possible meaning. _________________ 21 Directive (EU) 2016/1148 of the European Parliament and of the Council concerning measures for a high common level of security of network and information systems across the Union (OJ L 194, 19.7.2016, p. 1).

Amendment 120 #

Proposal for a regulation
Recital 11

(11) For reasons of consistency, the definition of online search engine used in this Regulation should be aligned with the definition used in Directive (EU) 2016/1148 of the European Parliament and of the Council21. The definition should be technology neutral and include voice queries, as well as, queries in written format. _________________ 21 Directive (EU) 2016/1148 of the European Parliament and of the Council concerning measures for a high common level of security of network and information systems across the Union (OJ L 194, 19.7.2016, p. 1).

Amendment 121 #

Philippe JUVIN, Sabine VERHEYEN, Antonio LÓPEZ-ISTÚRIZ WHITE

Proposal for a regulation
Recital 11

(11) For reasons of consistency, the definition of online search engine used in this Regulation should be aligned with the definition used in Directive (EU) 2016/1148 of the European Parliament and of the Council21. This definition should be understood – including for the purposes of this regulation – to include voice-based searches. _________________ 21 Directive (EU) 2016/1148 of the European Parliament and of the Council concerning measures for a high common level of security of network and information systems across the Union (OJ L 194, 19.7.2016, p. 1).

Amendment 122 #

Proposal for a regulation
Recital 12

(12) In order to effectively protect business users where needed, this Regulation should apply where the terms and conditions of a contractual relationship, regardless of their name or form, are not individually negotiated by the parties to them. Whether or not terms and conditions were individually negotiated should be determined on the basis of an overall assessment, whereby the fact that certain provisions thereof may have been individually negotiated is, in itself, not decisive.deleted

Amendment 123 #

Proposal for a regulation
Recital 12

(12) In order to effectively protect business users where needed, this Regulation should apply where the terms and conditions of a contractual relationship, regardless of their name or form, are not individually negotiated by the parties to them. Whether or not terms and conditions were individually negotiated should be determined on the basis of an overall assessment, whereby the fact that certain provisions thereof may have been individually negotiated is, in itself, not decisive.deleted

Amendment 124 #

Proposal for a regulation
Recital 12

(12) In order to effectively protect business users ~~where needed~~, this Regulation should apply ~~where~~to the terms and conditions of a contractual relationship, regardless of their name or form, are not individually negotiated by the parties to them. Whether or not terms and conditions were individually negotiated should be determined on the basis of an overall assessment, whereby the fact that certain provisions thereof may have been individually negotiated is, in itself, not decisive.

Amendment 125 #

Lucy ANDERSON, Virginie ROZIÈRE, Liisa JAAKONSAARI, Olga SEHNALOVÁ, Marlene MIZZI

Proposal for a regulation
Recital 12

(12) In order to effectively protect business users where needed, this Regulation should apply ~~where the terms and conditions of a contractual relationship, regardless of their name or form, are not individually negotiated by the parties to them. Whether or not t~~to the contractual relationship between business userms and conditions were individually negotiated should be determined on the basis of an overall assessment, whereby the fact that certain provisions thereof may have been individually negotiated is, in itself, not decisiveproviders of online intermediation services.

Amendment 126 #

Proposal for a regulation
Recital 12

(12) In order to effectively protect business users where needed, this Regulation should apply ~~where the terms and conditions of a contractual relationship,~~ regardless of twheir name or form, are not individually negotiated by the parties to them. Whether or not terms and conditions were individually negotiated should be determined on the basis of an overall assessment, whereby the fact that certain provisions thereof may have been individually negotiated is, in itself, not decisivether terms were individually negotiated or not.

Amendment 127 #

Proposal for a regulation
Recital 12

Amendment 128 #

Dita CHARANZOVÁ, Jasenko SELIMOVIC, Morten LØKKEGAARD

Proposal for a regulation
Recital 12

Amendment 129 #

Proposal for a regulation
Recital 13

(13) To ensure that the general terms and conditions of a contractual relationship enable business users to determine the commercial conditions for the use, termination and suspension of online intermediation services, and to achieve predictability regarding their business relationship, those terms and conditions should be drafted in ~~clear and unambiguous~~plain and intelligible language which is easily understood by an average business user. Terms and conditions should not be considered to have been drafted in ~~clear and unambiguous~~plain and intelligible language where they are vague, unspecific or lack detail on important commercial issues and thus fail to give business users a reasonable degree of predictability on the most important aspects of the contractual relationship. Moreover, language that could be seen as misleading in the choice of phrasing should not be considered plain and intelligible.

Amendment 130 #

Proposal for a regulation
Recital 13

(13) To ensure that the general terms and conditions of a contractual relationship enable business users to determine the commercial conditions for the use, termination and suspension of online intermediation services, and to achieve predictability regarding their business relationship, those terms and conditions should be drafted in ~~clear and unambiguous~~plain and intelligible language which is easily understood by an average business user. Terms and conditions should not be considered to have been drafted in ~~clear and unambiguous~~plain and intelligible language where they are vague, unspecific ~~or lack detail~~ on important commercial issues and thus fail to give business users a reasonable degree of predictability on the most important aspects of the contractual relationship.

Amendment 131 #

Proposal for a regulation
Recital 13

Amendment 132 #

Proposal for a regulation
Recital 13

Amendment 133 #

(13) To ensure that the general terms and conditions of a contractual relationship enable business users to determine the commercial conditions for the use, termination and suspension of online intermediation services, and to achieve predictability regarding their business relationship, those terms and conditions should be drafted in clear and unambiguous language which is easily understood by an average business user. Terms and conditions should not be considered to have been drafted in clear and unambiguous language where they are vague, unspecific or lack detail on important commercial issues and thus fail to give business users a reasonable degree of predictability on the most important aspects of the contractual relationship. Online intermediation services should not engage in unfair commercial practices, which enhance their superior bargaining power, violate good commercial conduct or contribute to transfer costs and risk unilaterally to their business users. Online intermediation services should ensure that the general terms and conditions they offer are objective, non- discriminatory, fair and reasonable.

Amendment 134 #

Proposal for a regulation
Recital 14

Amendment 135 #

Sergio GUTIÉRREZ PRIETO, Virginie ROZIÈRE

Proposal for a regulation
Recital 14

(14) Ensuring transparency in the general terms and conditions can be essential to promoting sustainable business relationships and to preventing unfair behaviour to the detriment of business users. Providers of online intermediation services should therefore also ensure that the terms and conditions are easily available at all stages of the contractual relationship, including to prospective business users at the pre-contractual phase, and that any modifications to those terms are notified to business users within a set notice period which is reasonable and proportionate in light of the specific circumstances and which is at least 150 days. That notice period should not apply where, and to the extent that, it is waived in an unambiguous manner by the business user concerned, where a modification is of a purely administrative nature and have no negative effect on the end-user, where a modification is needed to prevent an imminent harm or danger to the service or consumer, or where, and to the extent that, the need to implement the modification without respecting the notice period stems from a legal obligation incumbent on the service provider under Union or national law. A business users should be seen as taking an affirmative action accepting a modification and waiving this notice period by continuing to actively use the online intermediation services after notification, either by changing or adding additional goods, content or services, or by a statement of acceptance. The continued offering of goods, content and services placed on the online intermediation services before the modification notice, without the interaction of the business user, should not be deemed as an affirmative action accepting a modification.

Amendment 136 #

Philippe JUVIN, Othmar KARAS, Andreas SCHWAB, Sabine VERHEYEN, Lara COMI

Proposal for a regulation
Recital 14

Amendment 137 #

Proposal for a regulation
Recital 14

(14) Ensuring transparency and equity in the general terms and conditions can be essential to promoting sustainable business relationships and to preventing unfair behaviour to the detriment of business users. Providers of online intermediation services should therefore also ensure that the terms and conditions are easily available at all stages of the contractual relationship, including to prospective business users at the pre-contractual phase, and that any modifications to those terms are notified to business users within a set notice period which is reasonable and proportionate in light of the specific circumstances and which is at least 15 days. That notice period should not apply where, and to the extent that, it is waived in an unambiguous manner by the business user concerned or where, and to the extent that, the need to implement the modification without respecting the notice period stems from a legal obligation incumbent on the service provider under Union or national law.

Amendment 138 #

Proposal for a regulation
Recital 14

(14) Ensuring transparency in the general terms and conditions can be essential to promoting sustainable business relationships and to preventing unfair behaviour to the detriment of business users. What is more, these terms and conditions should be objective, non- discriminatory, fair and reasonable. Providers of online intermediation services should therefore also ensure that the terms and conditions are easily available at all stages of the contractual relationship, including to prospective business users at the pre-contractual phase, and that any modifications to those terms are notified to business users within a set notice period which is reasonable and proportionate in light of the specific circumstances and which is at least 15 days. That notice period should not apply where, and to the extent that, it is waived in an unambiguous manner by the business user concerned or where, and to the extent that, the need to implement the modification without respecting the notice period stems from a legal obligation incumbent on the service provider under Union or national law.

Amendment 139 #

Proposal for a regulation
Recital 14

Amendment 140 #

Proposal for a regulation
Recital 14

Amendment 141 #

Proposal for a regulation
Recital 14 a (new)

(14a) Intermediary service providers may modify their terms and conditions in response to practices they become aware of that harm consumers in a variety of different manners. Given the huge diversity of content that business users distribute through intermediaries, such harmful practices may not always be foreseen in specific terms by the intermediary services provider. In such cases, intermediary service providers are exempted from the 15 days notice period for application of the new terms and conditions.

Amendment 142 #

Philippe JUVIN, Jiří POSPÍŠIL, Carlos COELHO, Sabine VERHEYEN

Proposal for a regulation
Recital 15

(15) In order to protect business users ~~it should be possible for a competent court to establish that non-compliant terms and conditions are not binding on the business user~~, non-compliant terms and conditions should be concsiderned~~, with effects ex nunc. Any such finding by a co~~ null and void. Any such measurte should however only concern the specific provisions of the terms and conditions which are not compliant. The remaining provisions should remain valid and enforceable, in as far as they can be severed from the non- compliant provisions. Sudden modifications to existing terms and conditions may significantly disrupt business users’ operations. In order to limit such negative effects on business users, and to discourage such behaviour, modifications made in contravention of the obligation to provide a set notice period, should therefore be null and void, that is, deemed to have never existed with effects erga omnes and ex tunc.

Amendment 143 #

Proposal for a regulation
Recital 15

(15) In order to protect business users and to provide for legal certainty for both sides, it should be possible for a competent court to establish that non-compliant terms and conditions are n~~ot binding on the business user concerne~~ull and void, with effects ex nunc. Any such finding by a court should however only concern the specific provisions of the terms and conditions which are not compliant. The remaining provisions should remain valid and enforceable, in as far as they can be severed from the non- compliant provisions. Sudden modifications to existing terms and conditions may significantly disrupt business users’ operations. In order to limit such negative effects on business users, and to discourage such behaviour, modifications made in contravention of the obligation to provide a set notice period, should therefore be null and void, that is, deemed to have never existed with effects erga omnes and ex tunc.

Amendment 144 #

Proposal for a regulation
Recital 15

(15) In order to protect business users it should be possible for a competent court to establish that non-compliant terms and conditions are ~~not binding on the business user concerne~~invalid, with effects ex nunc. Any such finding by a court should however only concern the specific provisions of the terms and conditions which are not compliant. The remaining provisions should remain valid and enforceable, in as far as they can be severed from the non- compliant provisions. Sudden modifications to existing terms and conditions may significantly disrupt business users’ operations. In order to limit such negative effects on business users, and to discourage such behaviour, modifications made in contravention of the obligation to provide a set notice period, should therefore be null and void, that is, deemed to have never existed with effects erga omnes and ex tunc.

Amendment 145 #

Proposal for a regulation
Recital 15

(15) In order to protect business users it should be possible for a competent court to establish that non-compliant terms and conditions are not binding on the business user concerned, with effects ex nunc. Any such finding by a court should however only concern the specific provisions of the terms and conditions which are not compliant. The remaining provisions should remain valid and enforceable, in as far as they can be severed from the non- compliant provisions. Sudden modifications to existing terms and conditions may significantly disrupt business users’ operations. In order to limit such negative effects on business users, and to discourage such behaviour, modifications made in contravention of the obligation to provide a set notice period, should therefore ~~be null and void, that is, deemed to have never existed with effects erga omnes and ex tunc~~enter into force only after the legal notice period has been completed and those at fault will be liable for damages.

Amendment 146 #

Maria GRAPINI, Lucy ANDERSON, Marlene MIZZI

Proposal for a regulation
Recital 15

(15) In order to protect business users it should be possible for a competent court to establish that non-compliant terms and conditions are not binding on the business user concerned, with effects ex nunc. Any such finding by a court should however only concern the specific provisions of the terms and conditions which are not compliant. The remaining provisions should remain valid and enforceable, in as far as they can be severed from the non- compliant provisions. Sudden modifications to existing terms and conditions may significantly disrupt business users’ operations. In order to limit such negative effects on business users, and to discourage such behaviour, modifications made in contravention of the obligation to provide a set notice period, should therefore be null and void~~, that is, deemed to have never existed with effects erga omnes and ex tunc~~ for the duration of that notice period.

Amendment 147 #

Proposal for a regulation
Recital 15

(15) In order to protect business users and to offer legal certainty it should be possible for a competent court to establish that non-compliant terms and conditions are not binding on the business user concerned, with effects ex nunc. Any such finding by a court should however only concern the specific provisions of the terms and conditions which are not compliant. The remaining provisions should remain valid and enforceable, in as far as they can be severed from the non- compliant provisions. Sudden modifications to existing terms and conditions may significantly disrupt business users’ operations. In order to limit such negative effects on business users, and to discourage such behaviour, modifications made in contravention of the obligation to provide a set notice period, should therefore be null and void, that is, deemed to have never existed with effects erga omnes and ex tunc.

Amendment 148 #

Christel SCHALDEMOSE, Liisa JAAKONSAARI, Nicola DANTI, Marlene MIZZI

Proposal for a regulation
Recital 16

(16) A provider of online intermediation services can have legitimate reasons to decide to suspend, delist or terminate the provision of its services, in whole or in part, to a given business user, including by delisting individual goods or services of a given business user or effectively removing search results. ~~However, given that such decisions can significantly affect the interests of the business user concerned, they should be properly informed of the reasons thereof~~It can also be under a legal obligation to remove certain content, or to suspend or terminate the provision of its services in whole or in part. However, given that such decisions can significantly affect the interests of the business user concerned, they should be properly informed in advance of the termination or suspension, except for in cases where a provider of online intermediation services is under a legal obligation to terminate its services immediately. There could also be cases in which the provider of the online intermediation service is not under a legal obligation to terminate its services, for example due to illegal or unsafe products or services being marketed, but where the provider has reasonable doubts regarding the safety of a product or service, counterfeiting, fraud, or suitability of the product or service to minors. In such cases, it should be possible for the provider of the online intermediation service to act immediately to protect consumers. However, in these exceptional cases where services could be terminated immediately, the business user should in any case be provided with a statement of reasons for the termination of the service. The statement of reasons should allow business users to ascertain whether there is scope to challenge the decision, thereby improving the possibilities for business users to seek effective redress where necessary. In addition, requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content, in line with Commission Recommendation (EU) No 2018/33422. The statement of reasons should identify the objective ground or grounds for the decision, based on the grounds that the provider had set out in advance in its terms and conditions, and refer in a proportionate manner to the relevant specific circumstances that led to that decision, except in cases where a provider of online intermediation services is under a legal obligation not to disclose them. _________________ 22 Commission Recommendation (EU) No 2018/334 of 1 March 2018 on measures to effectively tackle illegal content online (OJ L 63, 6.3.2018, p. 50).

Amendment 149 #

Philippe JUVIN, Othmar KARAS, Carlos COELHO, Sabine VERHEYEN

Proposal for a regulation
Recital 16

(16) A provider of online intermediation services or online search engines can have legitimate reasons to apply restrictions or sanctions to business users, and to decide to suspend or terminate the provision of its services, in whole or in part, to a given business user, including by delisting individual goods or services of a given business user or effectively removing search results. However, given that such decisions can significantly affect the interests of the business user concerned, they should be properly informed of the reasons thereof. The statement of reasons should allow business users to ascertain whether there is scope to challenge the decision, thereby improving the possibilities for business users to seek effective redress where necessary. In addition, requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content, in line with Commission Recommendation (EU) No 2018/33422. The statement of reasons should identify the objective ground or grounds for the decision, based on the grounds that the provider had set out in advance in its terms and conditions, and refer in a proportionate manner to the relevant specific circumstances that led to that decision. _________________ 22 Commission Recommendation (EU) No 2018/334 of 1 March 2018 on measures to effectively tackle illegal content online (OJ L 63, 6.3.2018, p. 50).

Amendment 150 #

Proposal for a regulation
Recital 16

Amendment 151 #

Proposal for a regulation
Recital 16

(16) A provider of online intermediation services can have legitimate reasons to decide to suspend or terminate the provision of its services, in whole or in part, to a given business user, including by delisting individual goods or services of a given business user or effectively removing search results. However, given that such decisions can significantly affect the interests of the business user concerned, they should be properly informed of the reasons thereof. The statement of reasons should allow business users to ascertain whether there is scope to challenge the decision, thereby improving the possibilities for business users to seek effective redress where necessary. In addition, requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content, in line with Commission Recommendation (EU) No 2018/334~~22. The~~. In order to avoid an unjustified burden by online intermediation services due the potential number of cases, the statement of reasons should take place in two parts. The online intermediation services immediately inform the business user of the general reasons for the decision on the grounds that the provider had set out in advance in its terms and condition. Upon the request of the business users, an additional statement of specific reasons should identify the objective ground or grounds for the decision, based on the grounds that the provider had set out in advance in its terms and conditions, and refer in a proportionate manner to the relevant specific circumstances that led to that decision~~. _________________ 22 2018/334 of 1 March 2018 on measures to effectively tackle illegal content online (OJ L 63, 6.3.2018, p. 50).~~ should be provided without delay to the business user. Commission Recommendation (EU) No

Amendment 152 #

Proposal for a regulation
Recital 16

Amendment 153 #

Proposal for a regulation
Recital 16

Amendment 154 #

Proposal for a regulation
Recital 16

(16) A provider of online intermediation services can have legitimate reasons to decide to apply restrictions and sanctions or to suspend or terminate the provision of its services, in whole or in part, to a given business user, including by delisting individual goods or services of a given business user or effectively removing search results. However, given that such decisions can significantly affect the interests of the business user concerned, they should be properly informed of the reasons thereof. The statement of reasons should allow business users to ascertain whether there is scope to challenge the decision, thereby improving the possibilities for business users to seek effective redress where necessary. In addition, requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content, in line with Commission Recommendation (EU) No 2018/33422. The statement of reasons should identify the objective ground or grounds for the decision, based on the grounds that the provider had set out in advance in its terms and conditions, and refer in a proportionate manner to the relevant specific circumstances that led to that decision. _________________ 22 Commission Recommendation (EU) No 2018/334 of 1 March 2018 on measures to effectively tackle illegal content online (OJ L 63, 6.3.2018, p. 50).

Amendment 155 #

Proposal for a regulation
Recital 16

(16) A provider of online intermediation services can have legitimate reasons to decide to suspend or terminate the provision of its services, in whole or in part, to a given business user, including by delisting individual goods or services of a given business user or effectively removing search results. However, given that such decisions can significantly affect the interests of the business user concerned, they should be properly informed of the reasons thereof. The statement of reasons should allow business users to ascertain whether there is scope to challenge the decision, thereby improving the possibilities for business users to seek effective redress where necessary. In addition, requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content, in line with Commission Recommendation (EU) No 2018/33422. In some cases, the decision of the provider of an online intermediation service is based on notifications by third parties. These notifications can be abused by competitors. Commission Recommendation (EU) 2018/334 requires such notifications to be sufficiently precise and adequately substantiated to enable the hosting provider to take an informed and diligent decision in respect of the content to which the notice relates. Providers of online intermediation services should therefore be required to pass on the contents of the notification to the business user in cases where a decision to suspend or terminate the provision of its services following a notification from a third party, in order to allow the business user to easily refute obviously wrongful notices. The statement of reasons should identify the objective ground or grounds for the decision, based on the grounds that the provider had set out in advance in its terms and conditions, and refer in a proportionate manner to the relevant specific circumstances that led to that decision. Wherever possible a proportionate and gradual system should be put in place, including prior and timely notification before taking measures that will result in severing the access of the business to its customers. _________________ 22 Commission Recommendation (EU) No 2018/334 of 1 March 2018 on measures to effectively tackle illegal content online (OJ L 63, 6.3.2018, p. 50).

Amendment 156 #

Proposal for a regulation
Recital 16

Amendment 157 #

Proposal for a regulation
Recital 16

(16) A provider of online intermediation services can have legitimate reasons to decide to restrict, suspend or terminate the provision of its services, in whole or in part, to a given business user, including by delisting individual goods or services of a given business user or effectively removing search results. However, given that such decisions can significantly affect the interests of the business user concerned, they should be properly informed of the reasons thereof. The statement of reasons should allow business users to ascertain whether there is scope to challenge the decision, thereby improving the possibilities for business users to seek effective redress where necessary. In addition, requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content, in line with Commission Recommendation (EU) No 2018/33422. The statement of reasons should identify the objective ground or grounds for the decision, based on the grounds that the provider had set out in advance in its terms and conditions, and refer in a proportionate manner to the relevant specific circumstances that led to that decision. _________________ 22 Commission Recommendation (EU) No 2018/334 of 1 March 2018 on measures to effectively tackle illegal content online (OJ L 63, 6.3.2018, p. 50).

Amendment 158 #

Proposal for a regulation
Recital 16 a (new)

(16a) Transparency vis-à-vis business users should also be ensured in respect of the relationship between intermediation and search engine service providers and the additional distribution channels. If the latter fall short of intermediation service standards and compromise the user’s activity, the business user must have the right to withhold the product from sale through those channels.

Amendment 159 #

Proposal for a regulation
Recital 17

(17) The ranking of goods and services by the providers of online intermediation services has ~~an important~~ impacts on consumer ~~choice~~awareness of offers and, consequently, oncan influence the commercial success of the business users offering those goods and services to consumers. Providers of online intermediation services should therefore outline the main parameters determining ranking beforehand, ~~in order to improve predictability for business users, to allow them to bet~~to allow them to better understand the functioning of the ranking mechanism. This description should provide business users with an adequater understand ~~the function~~ing of how the ranking mechanism ~~and to enable them to compare the ranking practices of various provider~~takes account of the characteristics of the goods or services offered by the business user, and their relevance to the consumers of the specific online intermediation services. The notion of main parameter should be understood to refer to any general criteria, processes, specific signals incorporated into algorithms or other adjustment or demotion mechanisms used in connection with the ranking. The description of the main parameters determining ranking should also include an explanation of any possibility for business users to actively influence ranking against remuneration, as well as of the relative effects thereof. This description should provide business users with an adequate understanding of how the ranking mechanism takes account of the characteristics of the actual goods or services offered by the business user, and their relevance to the consumers of the specific online intermediation services.

Amendment 160 #

Philippe JUVIN, Jiří POSPÍŠIL, Carlos COELHO, Andreas SCHWAB, Sabine VERHEYEN, Lara COMI

Proposal for a regulation
Recital 17

Amendment 161 #

Proposal for a regulation
Recital 17

Amendment 162 #

Proposal for a regulation
Recital 17

(17) The ranking of goods and services by the providers of online intermediation services has an important impact on consumer choice and, consequently, on the commercial success of the business users offering those goods and services to consumers. Providers of online intermediation services should therefore outline the main parameters determining ranking beforehand, in order to improve predictability for business users, to allow them to better understand the functioning of the ranking mechanism and to enable them to compare the ranking practices of various providers. The notion of main parameter should be understood to refer to any general criteria, processes, specific signals incorporated into algorithms or other adjustment or demotion mechanisms used in connection with the ranking. The description of the main parameters determining ranking should also include an explanation of any possibility for business users to actively influence ranking against remuneration, as well as of the relative effects thereof. This description should provide business users with an adequate understanding of how the ranking mechanism takes account of the characteristics of the actual goods or services offered by the business user, and their ~~relevance to the consumers of the specific online intermediation services.~~ benefit to the consumers of the specific online intermediation services. When displaying the results, the online intermediation service should also disclose close to each ranking whether it has been influenced against direct or indirect remuneration, contractual or direct ownership relationship. In some cases, providers of online intermediation services may decide to influence the ranking in a specific case or remove a product or service from a ranking based on notifications by third parties. In these cases, the business user should be notified and the online intermediation service should also include the specific grounds and circumstances leading to the decision, as well as the contents of the notice, in order to allow the business user to easily refute obviously wrongful notices.

Amendment 163 #

Proposal for a regulation
Recital 17

(17) The ranking of goods and services by the providers of online intermediation services has an important impact on consumer choice and, consequently, on the commercial success of the business users offering those goods and services to consumers. Providers of online intermediation services should therefore clearly and precisely outline the main parameters determining ranking beforehand, in order to improve predictability for business users, to allow them to better understand the functioning of the ranking mechanism and to enable them to compare the ranking practices of various providers. The notion of main parameter should be understood to refer to any general criteria, processes, specific signals incorporated into algorithms or other adjustment or demotion mechanisms used in connection with the ranking. The description of the main parameters determining ranking should also include an explanation of any possibility for business users to actively influence ranking against remuneration, as well as of the relative effects thereof. This description should provide business users with an adequate understanding of how the ranking mechanism takes account of the characteristics of the actual goods or services offered by the business user, and their relevance to the consumers of the specific online intermediation services. Online intermediation service providers should also provide consumers with a description of the parameters that affect ranking. The parameters should be objective and non-discriminatory and should be applied in a consistent and non- discriminatory way.

Amendment 164 #

Proposal for a regulation
Recital 18

Amendment 165 #

Proposal for a regulation
Recital 18

(18) Similarly, the ranking of websites by the providers of online search engines, notably of those websites through which undertakings offer goods and services to consumers, has an important impact on consumer choice and the commercial success of corporate website users. Providers of online search engines should therefore provide a description of the main parameters determining the ranking of all indexed websites, including those of corporate website users as well as other websites. In addition to the characteristics of the goods and services and their relevance for consumers, this description should in the case of online search engines also allow corporate website users to obtain an adequate understanding of whether, and if so how and to what extent, certain design characteristics of the website used, such as their optimisation for display on mobile telecommunications devices, is taken into account. In the absence of a contractual relationship between providers of online search engines and corporate website users, that description should be available to the public in an obvious and easily accessible location on the relevant online search engine. To ensure predictability for corporate website users, the description should also be kept up to date, including the possibility that any changes to the main parameters should be made easily identifiable. Whilst ~~the providers are under no circumstances~~ requiredment to disclose ran~~y trade secrets as defined in~~king parameters should be without prejudice to Directive (EU) 2016/943 of the European Parliament and of the Council23 while taking into account the provisions on lawful acquisition, use and disclosure, when complying with this requirement to disclose the main ranking parameters, the description given should at least be based on actual data on the relevance of the ranking parameters used. In some cases, providers of online search engines may decide to influence the ranking in a specific case or delist a website from a ranking based on notifications by third parties. Unlike providers of online intermediation services, providers of online search engines cannot be expected to notify a corporate website user directly of a delisting or change in ranking due to a notification, because they may lack the means to contact the corporate business user. Nevertheless, a corporate business user should be able to inspect the notification that has led to the delisting or change in ranking in the specific case, by investigating the contents of the notice in a publicly accessible online database. This database should include a possibility for the corporate business user to easily contact the provider of the online search engine and provide a counter-notice in cases that the delisting or change in ranking was based on a wrongful notice. This would mitigate potential abuses of delisting notifications by competitors. _________________ 23 Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (OJ L 157, 15.6.2016, p. 1).

Amendment 166 #

Proposal for a regulation
Recital 18

Amendment 167 #

Philippe JUVIN, Othmar KARAS, Carlos COELHO, Andreas SCHWAB, Sabine VERHEYEN, Lara COMI

Proposal for a regulation
Recital 18

Amendment 168 #

Proposal for a regulation
Recital 18

(18) Similarly, the ranking of websites by the providers of online search engines, notably of those websites through which undertakings offer goods and services to consumers, has an important impact on consumer choice and the commercial success of corporate website users. Providers of online search engines should therefore provide a clear and precise description of the main parameters determining the ranking of all indexed websites, including those of corporate website users as well as other websites. In addition to the characteristics of the goods and services and their relevance for consumers, this description should in the case of online search engines also allow corporate website users to obtain an adequate understanding of whether, and if so how and to what extent, certain design characteristics of the website used, such as their optimisation for display on mobile telecommunications devices, is taken into account. In the absence of a contractual relationship between providers of online search engines and corporate website users, that description should be available to the public in an obvious and easily accessible location on the relevant online search engine. To ensure predictability for corporate website users, the description should also be kept up to date, including the possibility that any changes to the main parameters should be made easily identifiable. Whilst the providers are under no circumstances required to disclose any trade secrets as defined in Directive (EU) 2016/943 of the European Parliament and of the Council23 when complying with this requirement to disclose the main ranking parameters, the description given should at least be based on actual data on the relevance of the ranking parameters used. A description of these main parameters should also be available to consumers. The parameters should be objective and non-discriminatory and should be applied in a consistent and non-discriminatory way. _________________ 23 Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (OJ L 157, 15.6.2016, p. 1).

Amendment 169 #

Proposal for a regulation
Recital 18

(18) Similarly, the ranking of websites by the providers of online search engines, notably of those websites through which undertakings offer goods and services to consumers, has an important impact on consumer choice and the commercial success of corporate website users. Providers of online search engines should therefore provide a description of the main parameters determining the ranking of all indexed websites, including those of corporate website users as well as other websites. In addition to the characteristics of the goods and services and their relevance for consumers, this description should in the case of online search engines also allow corporate website users to obtain an adequate understanding of whether, and if so how and to what extent, certain design characteristics of the website used, such as their optimisation for display on mobile telecommunications devices, is taken into account. In the absence of a contractual relationship between providers of online search engines and corporate website users, that description should be available to the public in an obvious and easily accessible location on the relevant online search engine. To ensure predictability for corporate website users, the description should also be kept up to date, including the possibility that any changes to the main parameters should be made easily identifiable. Whilst the providers are under no circumstances required to disclose any trade secrets as defined in Directive (EU) 2016/943 of the European Parliament and of the Council23 when complying with this requirement to disclose the main ranking parameters, the description given should at least be based on actual data on the relevance of the ranking parameters used. For the avoidance of doubt, any obligation on online search engines to ensure that the description of the main parameters determining ranking is kept up to date shall not require online search engines to reveal any trade secrets as defined in Article 2(1) of Directive (EU) 2016/943. _________________ 23 Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (OJ L 157, 15.6.2016, p. 1).

Amendment 170 #

Proposal for a regulation
Recital 18

Amendment 171 #

Nicola DANTI, Sergio Gaetano COFFERATI, Virginie ROZIÈRE, Maria GRAPINI, Lucy ANDERSON, Pina PICIERNO, Liisa JAAKONSAARI, Marlene MIZZI, Christel SCHALDEMOSE, Marc TARABELLA

Proposal for a regulation
Recital 18 a (new)

(18a) Providers of online search engines often allow the ranking of search results to be influenced against forms of remuneration paid by corporate website users. Clear details regarding such practice should be made publicly available for corporate website users and consumers to understand the effects of remuneration on ranking. Nevertheless, search results whose placement in the ranking has been influenced by forms of payment should be clearly flagged, making them easily distinguishable from other search results where remuneration was not paid.

Amendment 172 #

Philippe JUVIN, Othmar KARAS, Carlos COELHO, Andreas SCHWAB, Sabine VERHEYEN, Lara COMI

Proposal for a regulation
Recital 18 a (new)

(18a) Considering the critical importance of the ranking in the search results pages, and in particular on the first one, for corporate website users to be visible to the consumers, it is important to ensure fairness in the ranking of the organic search results. Consequently, providers of online search engines should treat equally in terms of positioning and display all corporate website users, including corporate website users that a provider controls directly or indirectly.

Amendment 173 #

Proposal for a regulation
Recital 18 a (new)

(18a) In order to facilitate the implementation of the Regulation, online intermediation service and search engine providers must designate a person responsible for the parameters used to determine the ranking of business users and their respective weighting. The online intermediation service and search engine providers must provide business users with the contact details of the person responsible.

Amendment 174 #

Philippe JUVIN, Andreas SCHWAB, Sabine VERHEYEN, Lara COMI, Antonio LÓPEZ-ISTÚRIZ WHITE, Pascal ARIMONT

Proposal for a regulation
Recital 19

Amendment 175 #

Proposal for a regulation
Recital 19

(19) Where a provider of online intermediation services itself offers certain goods or services to consumers through its own online intermediation services, or does so through a business user which it controls, that provider may compete directly with other business users of its online intermediation services which are not controlled by the provider. Such a provider may have an economic incentive and the ability to use its control over the online intermediation service to provide technical or economic advantages to its own offerings, or those offered through a business user which it controls, that it could deny to competing business users. If a provider of online intermediation services exercises this ability, its conduct may deprive such competing business users of equality of opportunity and can lead to consumer harm by reducing their choices, or withholding critical information from them. In such situations, in particular, it is important that the provider of online intermediation services acts in a transparent manner and provides a description of any differentiated treatment, whether through legal, commercial or technical means, that it might give in respect of goods or services it offers itself compared to those offered by business users. For purposes of this Regulation, a provider’s service competes with those of its other business users if it is regarded as interchangeable or substitutable by consumers of the online intermediation service, including by reason of the characteristics, prices, or intended uses of the services. To ensure proportionality, this obligation should apply at the level of the overall online intermediation services, rather than at the level of individual goods or services offered through those services.

Amendment 176 #

Proposal for a regulation
Recital 19

(19) Where a provider of online ~~intermediation~~or search engine services itself offers certain goods or services to consumers through its own online intermediation services, or does so through a business user which it controls, that provider may compete directly with other business users of its online intermediation services which are not controlled by the provider. Where online intermediation service providers use their own controls over online intermediation or search engine services to obtain technical or economic advantages for themselves or business users controlled by them and withhold such advantages from competing business users, they undermine fair market competition and adversely affect consumers by restricting choice and increasing costs. In such situations, in particular, it is important that the provider of online intermediation services acts in a transparent manner and provides a description of any differentiated treatment, whether through legal, commercial or technical means, that it might give in respect of goods or services it offers itself compared to those offered by business users. To ensure proportionality, this obligation should apply at the level of the overall online intermediation services, rather than at the level of individual goods or services offered through those services.

Amendment 177 #

Proposal for a regulation
Recital 19

(19) Where a provider of online intermediation services itself offers certain goods or services to consumers through its own online intermediation services, or does so through a business user which it controls, that provider may compete directly with other business users of its online intermediation services which are not controlled by the provider. In this case, the online intermediation services provider has both an economic incentive and the power to use its privileged position to give its own services or those it controls economic and technical benefits, and to refuse to grant those benefits to competing user companies. If it does this, it denies competing user companies a level playing field to conduct their business, and this can, in turn, be detrimental to consumers by reducing choice, increasing costs and restricting access to information and online services. In such situations, in particular, it is important that the provider of online intermediation services acts in a transparent manner and provides a description of any differentiated treatment, whether through legal, commercial or technical means, that it might give in respect of goods or services it offers itself compared to those offered by business users. For the purposes of this regulation, the concept of a competing service should be understood as a service which consumers consider interchangeable or substitutable because of its characteristics, price or usage. To ensure proportionality, this obligation should apply at the level of the overall online intermediation services, rather than at the level of individual goods or services offered through those services.

Amendment 178 #

Proposal for a regulation
Recital 19

Amendment 179 #

Evelyne GEBHARDT, Lucy ANDERSON, Marlene MIZZI

Proposal for a regulation
Recital 19

Amendment 180 #

Proposal for a regulation
Recital 19

Amendment 181 #

Proposal for a regulation
Recital 19

Amendment 182 #

Proposal for a regulation
Recital 19 a (new)

(19a) In some cases, the imbalance in bargaining power between the provider of online intermediation services and other user companies results in a significant imbalance in the rights and obligations of parties to the contract, which harms the interests of the user companies. In this case, the online intermediation services provider should apply fair treatment to user companies. In doing so, it should avoid practices which undermine companies’ freedom and ability to carry out their business activities.

Amendment 183 #

Philippe JUVIN, Othmar KARAS, Andreas SCHWAB, Sabine VERHEYEN, Lara COMI, Antonio LÓPEZ-ISTÚRIZ WHITE, Pascal ARIMONT

Proposal for a regulation
Recital 19 a (new)

(19a) In certain cases, the asymmetry in bargaining power between online intermediation services and other business users results in a significant imbalance in the parties’ rights and obligations under the applicable contract, causing harm to the business user. In such cases, the provider of online intermediation service must apply fair treatment to the business user, including treating the business users’ services and its own services substantially similarly. Treatment shall not qualify as fair if it materially impairs the business users’ ability and freedom to do business, thereby causing appreciable harm to the business user.

Amendment 184 #

Philippe JUVIN, Carlos COELHO, Lara COMI, Andreas SCHWAB, Antonio LÓPEZ-ISTÚRIZ WHITE, Pascal ARIMONT

Proposal for a regulation
Recital 19 a (new)

(19a) It is equally important that online intermediation service providers do not engage in unfair commercial behaviour or unfair contractual terms, which have a materially detrimental impact on competition or on choice for consumers. The relative bargaining power of the online intermediary and the business user, should have no effect as to the consideration of a practice as unfair.

Amendment 185 #

Lucy ANDERSON, Virginie ROZIÈRE, Maria GRAPINI, Liisa JAAKONSAARI, Olga SEHNALOVÁ, Marlene MIZZI

Proposal for a regulation
Recital 19 a (new)

(19a) As online intermediaries often own more than one platform or website, they should inform business users that sign a contract for listing with them of which platforms or websites the listing is displayed on.

Amendment 186 #

Proposal for a regulation
Recital 19 b (new)

(19b) When a provider of online intermediation services competes with other business users, he may harm consumers by reducing the consumers’ choices, or withholding critical information from them. The obligation to provide fair treatment should include ensuring that consumers who access services through the online intermediation service have the right and ability to select and use the services of their choice, without facing any undue burdens, such as where the provider ignores or overrides consumers’ choices of default settings. A provider of online intermediation services fails to provide fair treatment where it does not afford competing business users with all information necessary for them to achieve a comparable level and quality of interoperability with the online intermediation service, and any ancillary services, as are available to the provider itself. A provider of online intermediation services also fails to provide fair treatment where it implements practices that directly or indirectly provide technical or economic advantages to its own offerings that it denies to competing business users. Fair treatment requires the provider to refrain from interfering in the commercial relationship between competing business users and consumers of their services.

Amendment 187 #

Proposal for a regulation
Recital 19 b (new)

(19b) Certain practices can be conclusively treated as unfair in all circumstances. The Platform Observatory should continuously review this list of practices and recommend updates to the Commission. As the market for online intermediation services evolves, the Commission should issue guidance on practices that may comprise unfair commercial practices, including the circumstances in which specified practices might be deemed unfair.

Amendment 188 #

Proposal for a regulation
Recital 20

Amendment 189 #

Christel SCHALDEMOSE, Liisa JAAKONSAARI, Olga SEHNALOVÁ, Marlene MIZZI

Proposal for a regulation
Recital 20

Amendment 190 #

Proposal for a regulation
Recital 20 a (new)

(20a) Several competition authorities both within and outside the Union have opened up investigations or declared their intention to do so concerning cases where providers of online intermediation services have used their dual position as both a marketplace and a business offering goods or services on the same marketplace to obtain or misuse a dominant position. The online intermediation service provider’s access to data generated by the transactions of a business user may allow the online intermediation service provider to compete with the business user on the basis of the data. To ensure fairness, the provider of the online intermediation service should not be allowed to disclose the data generated by the transactions of a business user to third parties for commercial purposes, including within their own corporate structure, without the consent of the business user.

Amendment 191 #

Nicola DANTI, Sergio Gaetano COFFERATI, Virginie ROZIÈRE, Maria GRAPINI, Lucy ANDERSON, Pina PICIERNO, Liisa JAAKONSAARI, Marlene MIZZI, Marc TARABELLA

Proposal for a regulation
Recital 20 a (new)

(20a) Business users should be able to transfer their online reputation, such as ratings and reviews accumulated with one provider of online intermediation services, to alternative providers of similar services with a comparable system of online reputation. The portability of business users’ reputation will enable for greater competition between providers, giving access to a wider choice to both business users and consumers alike.

Amendment 192 #

Nicola DANTI, Sergio Gaetano COFFERATI, Virginie ROZIÈRE, Lucy ANDERSON, Pina PICIERNO

Proposal for a regulation
Recital 21

(21) Providers of online intermediation services ~~might in certain cases~~often restrict in the terms and conditions the ability of business users to offer goods or services to consumers under more favourable conditions through other means than through those online intermediation services. In those cases, the providers concerned should set out the grounds for doing so, in particular with reference to the main economic, commercial or legal considerations for the restrictions. This transparency obligation should however not be understood as affecting the assessment of the legality of such restrictions under oCertain Member States already prohibit such practices, as they unfairly limit the freedom of business users to set the conditions of sale of their own products and services, and may also harm consumers by restricting their ~~acts of Union law or the law of Member States in accordance with Union law, including in the areas of competit~~choice. Thus, this Regulation should prohibit such clauses in the European Union, and ~~unfair commercial practices, and the application of such law~~hence harmonise the legal framework of Member States.

Amendment 193 #

Maria GRAPINI, Othmar KARAS, Paul RÜBIG

Proposal for a regulation
Recital 21

(21) Providers of online intermediation services might in certain cases restrict in the terms and conditions the ability of business users to offer goods or services to consumers under more favourable conditions through other means than through those online intermediation services. In those cases, the providers concerned should set out the grounds for doing so, in particular with reference to the main economic, commercial or legal considerations for the restrictions. This transparency obligation should however not be understood as affecting the assessment of the legality of such restrictionSuch restrictions should not be admissible, as they deprive business users from exercising their entrepreneurial freedom to set the conditions and means of sale of their own products uand~~er other acts of Union law or the law of Member States in accordance with Union law, includ~~ services, and may also harm consumers by preventing in them a~~reas of competition and unfair commercial practices, and the application of such laws~~ccess to a wider choice.

Amendment 194 #

Proposal for a regulation
Recital 21

(21) Providers of online intermediation services might in certain cases restrict in the terms and conditions the ability of business users to offer goods or services to consumers under more favourable conditions through other means than through those online intermediation services. In those cases, the providers concerned should set out the grounds for doing so, in particular with reference to the main economic, commercial or legal considerations for the restrictions. This transparency obligation should however not be understood as affecting the assessment of the legality of such restrictions under other acts of Union law or the law of Member States in accordance with Union law, including in the areasSuch restrictions are inadmissible, as they prevent business users from exercising their entrepreneurial freedom to set the conditions of sale of their own products and services and may be unfavourable to consumers by depriving them of them of co~~mpet~~ndition ~~and unfair commercial practices, and the application of such law~~s that are more advantageous.

Amendment 195 #

Proposal for a regulation
Recital 21

(21) Providers of online intermediation services ~~might in certain cas~~sometimes restrict in the terms and conditions the ability of business users to offer goods or services to consumers under more favourable conditions through other means than through those online intermediation services. In those cases, the providers concerned should set out the grounds for doing so, in particular with reference to the main economic, commercial or legal considerations for the restrictions. This transparency obligation should however not be understood as affecting the assessment of the legality of such restrictionSuch restrictions should not be admissible, as they deprive business users in a disproportionate manner from exercising their entrepreneurial freedom to set the conditions of sale of their own products uand~~er other acts of Union law or the law of Member States in accordance with Union law, includ~~ services, and may also harm consumers by preventing in them a~~reas of competition and unfair commercial practices, and the application of such laws~~ccess to a wider choice.

Amendment 196 #

Proposal for a regulation
Recital 21

(21) Providers of online intermediation services might in certain cases restrict in the terms and conditions the ability of business users to offer goods or services to consumers under more favourable conditions through other means than through those online intermediation services. In those cases, the providers concerned should set out the grounds for doing so, in particular with reference to the main economic, commercial or legal considerations for the restrictions~~. This~~ and ensure that the restriction is proportionate. The transparency obligation should however not be understood as affecting the assessment of the legality of such restrictions under other acts of Union law or the law of Member States in accordance with Union law, including in the areas of competition and unfair commercial practices, and the application of such laws.

Amendment 197 #

Proposal for a regulation
Recital 21 a (new)

(21a) In some cases, providers of online intermediation services work with additional portals and platforms and other distribution channels. In order to maintain transparency and retain decision-taking power in connection with their own content, business users should have the right to be able to determine via what additional portals and platforms and other distribution channels their content, goods and services are offered.

Amendment 198 #

Philippe JUVIN, Carlos COELHO, Lara COMI, Andreas SCHWAB

Proposal for a regulation
Recital 21 a (new)

(21a) It is important that service providers of online intermediation services, search engines and operating systems, do not engage in unfair commercial practices (including commercial behaviour or the inclusion of unfair contractual terms) which have a detrimental impact on competition or on choice for consumers.

Amendment 199 #

Proposal for a regulation
Recital 21 a (new)

(21a) Providers of online intermediation services may not prevent business users from offering goods or services to consumers through other means under the same conditions, nor prevent business users from advertising through other means.

Amendment 200 #

Philippe JUVIN, Carlos COELHO, Lara COMI, Antonio LÓPEZ-ISTÚRIZ WHITE, Andreas SCHWAB

Proposal for a regulation
Recital 21 b (new)

(21b) Business users should retain full rights over their own intellectual property. Providers of online intermediation services should be allowed to use the intellectual property of their business users, such as in the form of logos, for instance, only with the express permission of those users. Providers of online intermediation services should not be allowed to oblige business users to permit the use of their intellectual property rights.

Amendment 201 #

Proposal for a regulation
Recital 21 b (new)

(21b) Certain practices, such as the ones mentioned in the Annex, can be conclusively treated as unfair in all circumstances. The Platform Observatory should continuously review this list of practices and recommend updates to the Commission. As the market for online intermediation services evolves, the Commission should issue non-binding guidance on practices that may comprise unfair commercial practices.

Amendment 202 #

Dita CHARANZOVÁ, Jasenko SELIMOVIC, Morten LØKKEGAARD

Proposal for a regulation
Recital 22

(22) In order to enable business users, including those whose use of the relevant online intermediation services might have been suspended or terminated, to have access to immediate, suitable and effective redress possibilities, providers of online intermediation services should provide for an internal complaint-handling system. That internal complaint-handling system should be aimed at ensuring that a significant proportion of complaints can be solved bilaterally by the provider of the online intermediation services and the relevant business user in a reasonable period of time. In addition, ~~ensuring that~~ providers of online intermediation services publish information on the functioning and effectiveness of their internal complaint- handling system should help business users to understand the types of issues that can arise in the context of the provision of different online intermediation services and the possibility of reaching a quick and effective bilateral resolutionshould regularly review their internal complaint- handling system.

Amendment 203 #

Proposal for a regulation
Recital 22

(22) In order to enable business users, including those whose use of the relevant online intermediation services might have been suspended or terminated, to have access to immediate, suitable and effective redress possibilities, providers of online intermediation services should provide for an internal complaint-handling system. That internal complaint-handling system should be transparent, non-discriminatory and simple, supported by external expertise, whenever relevant, and should be aimed at ensuring that a significant proportion of complaints can be solved bilaterally by the provider of the online intermediation services and the relevant business user. In addition, ensuring that providers of online intermediation services publish information on the functioning and effectiveness of their internal complaint- handling system should help business users to understand the types of issues that can arise in the context of the provision of different online intermediation services and the possibility of reaching a quick and effective bilateral resolution.

Amendment 204 #

Proposal for a regulation
Recital 23

(23) The requirements of this Regulation regarding the internal complaint-handling systems aim at allowing providers of online intermediation services a reasonable degree of flexibility when operating those systems and addressing individual complaints, so as to minimise any administrative burden. In addition, the internal complaint-handling systems should allow providers of online intermediation services to address, where necessary, in a proportionate manner any use in bad faith which certain business users might seek to make of those systems. In cases other than any alleged non-compliance with the legal obligations of this Regulation, the internal complaint-handling systems should moreover not be open to complaints involving only negligible negative effects on the business user concerned. In light of the costs of setting up and operating such systems, it is appropriate to exempt from those obligations any providers of online intermediation services which constitute small enterprises, in line with the relevant provisions of Commission Recommendation 2003/361/EC25. _________________ 25 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p36).

Amendment 205 #

Proposal for a regulation
Recital 23

(23) The requirements of this Regulation regarding the internal complaint-handling systems aim at allowing providers of online intermediation services a reasonable degree of flexibility when operating those systems and addressing individual complaints, so as to minimise any administrative burden. In addition, the internal complaint-handling systems should allow providers of online intermediation services to address, where necessary, in a proportionate manner any use in bad faith which certain business users might seek to make of those systems. In cases other than any alleged non-compliance with the legal obligations of this Regulation, the internal complaint-handling systems should moreover not be open to complaints involving only negligible negative effects on the business user concerned. In light of the costs of setting up and operating such systems, it is appropriate to exempt from those obligations any providers of online intermediation services which constitute small enterprises, in line with the relevant provisions of Commission Recommendation 2003/361/EC25. _________________ 25 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p36).

Amendment 206 #

Proposal for a regulation
Recital 23

(23) The requirements of this Regulation regarding the internal complaint-handling systems aim at allowing providers of online intermediation services a reasonable degree of flexibility when operating those systems and addressing individual complaints, so as to minimise any administrative burden. In addition, the internal complaint-handling systems should allow providers of online intermediation services to address, where necessary, in a proportionate manner any use in bad faith which certain business users might seek to make of those systems. In cases other than any alleged non-compliance with the legal obligations of this Regulation, the internal complaint-handling systems should moreover not be open to complaints involving only negligible negative effects on the business user concerned. In light of the costs of setting up and operating such systems, it is appropriate to exempt from those obligations any providers of online intermediation services which constitute small enterprises, in line with the relevant provisions of Commission Recommendation 2003/361/EC25. The internal complaint-handling system should be based on principles of equal treatment and its use should not lead to any detrimental treatment of the business user. _________________ 25 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p36).

Amendment 207 #

Dita CHARANZOVÁ, Jasenko SELIMOVIC, Morten LØKKEGAARD

Proposal for a regulation
Recital 23 a (new)

(23a) The use of the word ‘internal’ should not be understood as a prevention to delegate an internal complaint- handling systems to an external service provider or other corporate structure as long as the operator have the full authority and ability to handle complaints without seeking additional permissions from the providers of online intermediation services.

Amendment 208 #

Proposal for a regulation
Recital 24

(24) Mediation can offer providers of online intermediation services and their business users a means to resolve disputes in a satisfactory manner, without having to use judicial proceedings which can be lengthy and costly. Therefore, providers of online intermediation services should facilitate mediation by, in particular, identifying mediators with which they are willing to engage. Mediators which provide their services from a location outside the Union should only be identified where it is guaranteed that the use of those services does not in any way deprive the business users concerned of any legal protection offered to them under Union law or the law of the Member States, including the requirements of this Regulation and the applicable law regarding protection of personal data and trade secrets. Nonetheless, providers of online intermediation services and their business users should remain free to jointly identify any mediator of their choice after a dispute has arisen between them. In order to be accessible, fair, and as swift, efficient and effective as possible, ~~those~~all identified mediators should meet certain set criteria.

Amendment 209 #

Proposal for a regulation
Recital 24

(24) Mediation can offer providers of online intermediation services and their business users a means to resolve disputes in a satisfactory manner, without having to use judicial proceedings which can be lengthy and costly. Therefore, providers of online intermediation services should facilitate mediation by, in particular, identifying mediators with which they are willing to engage. Mediators which provide their services from a location outside the Union should only be identified where it is guaranteed that the use of those services does not in any way deprive the business users concerned of any legal protection offered to them under Union law or the law of the Member States, including the requirements of this Regulation and the applicable law regarding protection of personal data and trade secrets. In order to be accessible, fair, and as swift, efficient and effective as possible, those mediators should meet certain set criteria. Mediators should be encouraged to resolve disputes as soon as reasonably practicable and to resolve the most complex disputes within a maximum period of 60 days from the date the matter is referred for mediation, and routine disputes in a significantly shorter period of time.

Amendment 210 #

Proposal for a regulation
Recital 25

Amendment 211 #

Proposal for a regulation
Recital 25

(25) Providers of online intermediation services should bear a reasonable proportion of the total costs of the mediation, taking into account all relevant elements of the case at hand. To that aim, the mediator should suggest which proportion is reasonable in the individual case. ~~However, that proportion should never be less than half of those costs.~~

Amendment 212 #

Proposal for a regulation
Recital 25

(25) Providers of online intermediation services should bear a reasonable proportion of the total costs of the mediation, taking into account all relevant elements of the case at hand. To that aim, the mediator should suggest which proportion is reasonable in the individual case. ~~However, that proportion should never be less than half of those costs.~~

Amendment 213 #

Proposal for a regulation
Recital 25

(25) Providers of online intermediation services should bear a reasonable proportion of the total costs of the mediation, taking into account all relevant elements of the case at hand. To that aim, the mediator should suggest which proportion is reasonable in the individual case. ~~However, that proportion should never be less than half of those costs.~~

Amendment 214 #

Proposal for a regulation
Recital 25

Amendment 215 #

Proposal for a regulation
Recital 25

(25) Providers of online intermediation services should bear a reasonable proportion of the total costs of the mediation, taking into account all relevant elements of the case at hand. To that aim, the mediator should suggest which proportion is reasonable in the individual case. However, for the providers of online intermediation services, that proportion should never be less than half of those costs.

Amendment 216 #

Proposal for a regulation
Recital 26

(26) In order to facilitate the settlement of disputes relating to the provision of online intermediation services using mediation in the Union, ~~the Commission should encourage the setting up of~~ Member States should set up specialised mediation organisations, which are currently lacking. The involvement of mediators having specialist knowledge of online intermediation services and online search engines as well as of the specific industry sectors within which those services are provided should add to the confidence both parties have in the mediation process and should increase the likelihood of that process leading to a swift, just and satisfactory outcome.

Amendment 217 #

Proposal for a regulation
Recital 27

(27) Various factors, such as limited financial means, a fear of retaliation and exclusive choice of law and forum provisions in terms and conditions, can limit the effectiveness of existing judicial redress possibilities, particularly those which require business users or corporate website users to act individually and identifiably. To ensure the effective application of this Regulation, ~~associations representing business users or corporate website users, as well as certain public bodies set-up in~~the bodies accredited by the Member States, should accordingly be granted the possibility to take action before national courts. Such action before national courts should aim to stop or prohibit infringements of the rules set out in this Regulation and to prevent future damage that could undermine sustainable business relationships in the online platform ~~economy. In order to ensure that such organisations or association~~economy. Because micro- enterprises are frequently individual or family-run concerns, their market behaviour may be assimilated with that of consumers. It is therefore considered appropriate to accord these enterprises the same protection as that accorded to consumers through representative actions. In particular, accredited bodies should have the right to initiate proceedings in the name and on behalf of micro-enterprises employing fewer than 10 persons and having an annual turnover or balance sheet total not exceeding EUR 2 million. This exemption is in line with the relevant provisions of Commission Recommendation 2003/361/EC and should be supported by suitably documented annual turnover and/or annual balance sheet totals for the group in order to prevent circumvention of this Regulation, for example through the use of subsidiaries. In order to ensure that such accredited bodies exercise that right effectively and in an appropriate manner, they should meet certain criteria. Considering the particular status of the relevant public bodies in Member States where such bodies have been set up, it should only be required that those have been specifically charged, in accordance with the relevant rules of national law, with bringing such actions either in the collective interest of the parties concerned or in the general interest, without there being a need to apply those criteria to such public bodies. Any such actions should in no way affect the rights of the business users and corporate website users to take judicial action on an individual basi. Member States should communicate to the Commission a list of accredited entities authorised to represent business users and corporate website users in accordance with the provisions of this Regulation. The Commission should publish and update on its online interface a list of accredited bodies.

Amendment 218 #

Proposal for a regulation
Recital 27

Amendment 219 #

Proposal for a regulation
Recital 27

Amendment 220 #

Dita CHARANZOVÁ, Jasenko SELIMOVIC, Morten LØKKEGAARD

Proposal for a regulation
Recital 27

(27) Various factors, such as limited financial means, a fear of retaliation and exclusive choice of law and forum provisions in terms and conditions, can limit the effectiveness of existing judicial redress possibilities, particularly those which require business users or corporate website users to act individually and identifiably. To ensure the effective application of this Regulation, organisations, associations representing business users or corporate website users, as well as certain public bodies set-up in Member States, should be granted the possibility to take action before national courts. Such action before national courts should aim to stop or prohibit infringements of the rules set out in this Regulation and to prevent future damage that could undermine sustainable business relationships in the online platform economy. In order to ensure that such organisations or associations exercise that right effectively and in an appropriate manner, they should meet certain criteria. Considering the particular status of the relevant public bodies in Member States where such bodies have been set up, it should only be required that those have been specifically charged, in accordance with the relevant rules of national law, with bringing such actions either in the collective interest of the parties concerned or in the general interest, without there being a need to apply those criteria to such public bodies. Member States should also communicate to the Commission which organisations, associations and public bodies which are qualified to bring an action according to the provisions of this Regulation. This additional possibility of a designation by Member States should provide for a certain level of legal certainty and predictability that business users and corporate website users can rely on. At the same time, it aims at making judicial procedures more efficient and shorter. The Commission should ensure the publication of a list of these organisations, associations and public bodies in the Official Journal of the European Union, whereby this list should serve as refutable proof of the legal capacity of the organisation, association or public body bringing the action. Any such actions should in no way affect the rights of the business users and corporate website users to take judicial action on an individual basis.

Amendment 221 #

Proposal for a regulation
Recital 28

(28) Codes of conduct, drawn up either by the service providers concerned or by qualified organisations or associations representing them, can contribute to the proper application of this Regulation and should therefore be encouraged. When drawing up such codes of conduct, in consultation with all relevant stakeholders, account should be taken of the specific features of the sectors concerned as well as of the specific characteristics of micro, small and medium-sized enterprises.

Amendment 222 #

Christel SCHALDEMOSE, Liisa JAAKONSAARI, Virginie ROZIÈRE, Lucy ANDERSON, Olga SEHNALOVÁ

Proposal for a regulation
Recital 28 a (new)

(28a) Breaches of the provisions of this Regulation will in certain instances require a rapid and flexible enforcement. Enforcement bodies set up or nominated by Member States should be responsible for the enforcement of this Regulation in an adequate and effective manner. The enforcement bodies should be established in addition to the procedure for judicial proceedings by representative organisations set out in this Regulation. The decisions made by enforcement bodies could be challenged in judicial proceedings according to relevant national legislation.

Amendment 223 #

Philippe JUVIN, Carlos COELHO, Andreas SCHWAB, Sabine VERHEYEN

Proposal for a regulation
Recital 29 a (new)

(29a) A close monitoring of the compliant application of this regulation is necessary. Member States shall designate national authorities to require the relevant information from providers of online intermediation services, online search engines and operating systems providers. The information gathered by those authorities should be provided to the Commission and to the Observatory on the Online Platform Economy upon request.

Amendment 224 #

Proposal for a regulation
Recital 29 a (new)

(29a) The Commission, with input from the Platform Observatory, should draw up a list of unfair commercial practices. Certain unilaterally imposed practices by online intermediaries on business users can be considered unfair in all circumstances and harmful to the legitimate interests of their businesses users and, ultimately, also of consumers in the Union.

Amendment 225 #

Proposal for a regulation
Recital 31

(31) ~~As the objective of this Regulation, namely to ensure a fair, predictable, sustainable and trusted online business environment~~In accordance within the internal market, cannot be sufficiently achieved by the Member States, but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarprinciple of proportionality, as set out in Article 5 of the Treaty on European Union~~. In accordance with the principle of proportionality, as set out in that Article~~, this Regulation does not go beyond what is necessary ~~in order~~ to achieve that objective.

Amendment 226 #

Philippe JUVIN, Carlos COELHO, Andreas SCHWAB, Sabine VERHEYEN, Lara COMI, Pascal ARIMONT

Proposal for a regulation
Article 1 – paragraph 1

1. This Regulation lays down rules to ensure that business users of online intermediation services, device operating systems and corporate website users in relation to online search engines are granted appropriate transparency and effective redress possibilities.

Amendment 227 #

Virginie ROZIÈRE, Marc TARABELLA, Marlene MIZZI

Proposal for a regulation
Article 1 – paragraph 1

1. This Regulation lays down rules to ensure that business users of online intermediation services, online search engines and corporate website users in relation to online search engines are granted appropriate transparency and effective redress possibilities.

Amendment 228 #

1. This Regulation lays down rules to ensure that business users of online intermediation services and operating systems and corporate website users in relation to online search engines are granted appropriate transparency and effective redress possibilities.

Amendment 229 #

Proposal for a regulation
Article 1 – paragraph 1

Amendment 230 #

1. This Regulation lays down rules to ensure that business users of online intermediation services and corporate website users in relation to online search engines are granted appropriate transparency and fair and effective redress possibilities. This regulation shall be without prejudice to national civil law, particularly contract law and national legislation prohibiting or penalising unilateral behaviour or unfair commercial practices.

Amendment 231 #

Proposal for a regulation
Article 1 – paragraph 1

Amendment 232 #

Proposal for a regulation
Article 1 – paragraph 1

1. Th~~is Regulation~~e purpose of this Regulation is to contribute to the well functioning of the Internal Market and to lays down rules to ensure that business users of online intermediation services and corporate website users in relation to online search engines are granted appropriate transparency and effective redress possibilities.

Amendment 233 #

Proposal for a regulation
Article 1 – paragraph 2

2. This Regulation shall apply to online intermediation services and online search engines ~~provided, or offered to be provided, to~~that direct their business at business users and corporate website users, ~~respectively,~~ that have their place of establishment or residence in the Union and that, through online intermediation services or online search engines, offer goods or services to consumers located in the Union, irrespective of the place of establishment or residence of the providers of those services.

Amendment 234 #

Proposal for a regulation
Article 1 – paragraph 2

2. This Regulation shall apply to online ~~intermediation services and online search engin~~search engines and online intermediation services provided, or offered to be provided, to business users and corporate website users, respectively, that have their place of establishment, or are~~sidence~~ operating, in the Union and that, through online intermediation services or online search engines, offer goods or services to consumers located in the Union, irrespective of the place of establishment or residence of the providers of those services.

Amendment 235 #

Philippe JUVIN, Carlos COELHO, Andreas SCHWAB, Sabine VERHEYEN, Lara COMI, Pascal ARIMONT

Proposal for a regulation
Article 1 – paragraph 2

2. This Regulation shall apply to online intermediation services, device operating systems and online search engines provided, or offered to be provided, to business users and corporate website users, respectively, that have their place of establishment or residence in the Union and that, through online intermediation services or online search engines, offer goods or services to consumers located in the Union, irrespective of the place of establishment or residence of the providers of those services.

Amendment 236 #

Proposal for a regulation
Article 1 – paragraph 2 a (new)

2a. This Regulation shall not apply to: - online advertising serving tools or online advertising exchanges; - online payment services; and - online intermediation services who solely direct or target offers of goods and services from businesses to other businesses

Amendment 237 #

Proposal for a regulation
Article 1 – paragraph 2 a (new)

2a. This Regulation shall be without prejudice to Union and national civil law, in particular contract law and national law rules, which, according to the Union law, prohibit or sanction unilateral conduct or unfair practices.

Amendment 238 #

Philippe JUVIN, Carlos COELHO, Andreas SCHWAB, Sabine VERHEYEN, Lara COMI

Proposal for a regulation
Article 1 – paragraph 2 a (new)

2a. This Regulation shall be without prejudice to national rules which, in conformity with Union law, prohibit or sanction unilateral conduct or unfair commercial practices.

Amendment 239 #

Proposal for a regulation
Article 1 – paragraph 2 a (new)

2a. This Regulation shall apply where the terms and conditions of a contractual relationship, regardless of their name or form, are not individually negotiated by the parties to them.

Amendment 240 #

Proposal for a regulation
Article 1 – paragraph 2 b (new)

2b. This Regulation is without prejudice to Articles 101 and 102 of the Treaty on the Functioning of the European Union and Council Regulation (EC) No 1/2003.

Amendment 241 #

Philippe JUVIN, Jiří POSPÍŠIL, Carlos COELHO, Sabine VERHEYEN

Proposal for a regulation
Article 2 – paragraph 1 – point 1

Amendment 242 #

Proposal for a regulation
Article 2 – paragraph 1 – point 1

Amendment 243 #

Lucy ANDERSON, Virginie ROZIÈRE, Maria GRAPINI, Liisa JAAKONSAARI, Sergio GUTIÉRREZ PRIETO, Olga SEHNALOVÁ, Marlene MIZZI

Proposal for a regulation
Article 2 – paragraph 1 – point 1

Amendment 244 #

Proposal for a regulation
Article 2 – paragraph 1 – point 1

(1) ‘business user’ means any natural or legal person which through online intermediation services offers goods or services to consumers for purposes relating to its trade, business, craft or profession, including individuals working or providing services by personally providing work via online intermediation services;

Amendment 245 #

Philippe JUVIN, Othmar KARAS, Sabine VERHEYEN

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – introductory part

(2) ‘online intermediation services’ means services, even partially off-line, which meet all of the following requirements:

Amendment 246 #

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – introductory part

(2) ‘online intermediation services’ means services even partially off-line, which meet all of the following requirements:

Amendment 247 #

Evelyne GEBHARDT, Nicola DANTI

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a

(a) they constitute information society services within the meaning of Article 1(1)(b) of Directive (EU) No 2015/1535 of the European Parliament and of the Council27; _________________ 27 Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (OJ L 241, 17.9.2015, p. 1).or technology online intermediation services that connect hardware and applications, such as device operating systems;

Amendment 248 #

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a

(a) they constitute information society services within the meaning of Article 1(1)(b) of Directive (EU) No 2015/1535 of the European Parliament and of the Council27or they constitute device operating systems; _________________ 27 Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (OJ L 241, 17.9.2015, p. 1).

Amendment 249 #

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b

(b) the~~y allow~~ir primary purpose is to enable business users to offer goods or services to consumers, ~~with a view to facilitating the~~by initiating of direct transactions between ~~those~~ business users and consumers~~, irrespective~~ on the online portal of wthe~~re those transactions are ultimately concluded;~~ provider of the online intermediation services in question or by direct link to that of the business user;

Amendment 250 #

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b

(b) the~~y allow~~ir primary purpose is to enable business users to offer goods or services to consumers, ~~with a view to facilitating the~~by initiating of direct transactions between ~~those~~ business users and consumers~~, irrespective~~ on the online portal of wthe~~re those transactions are ultimately concluded~~ provider of the online intermediation services in question or by direct link to that of the business user;

Amendment 251 #

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b

(b) the~~y allow~~ir primary purpose is to enable business users to offer goods or services to consumers, ~~with a view to facilitating the~~by initiating of direct transactions between ~~those~~ business users and consumers~~, irrespective~~ on the online portal of wthe~~re those transactions are ultimately concluded~~ provider of the online intermediation services in question or by direct link to that of the business user;

Amendment 252 #

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b

(b) ~~they allow~~one of their primary purpose is to enable business users to target or direct offers of goods or services to consumers, with a view to ~~facilitating the initiating of~~receiving direct or indirect remuneration from direct transactions between those business users and consumers, irrespective of where those transactions are ultimately concluded;

Amendment 253 #

Othmar KARAS, Paul RÜBIG

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b

(b) they allow business users to offer goods or services to consumers, with a view to facilitating the initiating of direct transactions between those business users and consumers, ~~irrespective of where those transactions are ultimately concluded~~on the online intermediation service’s website or by direct link to the website of the business user;

Amendment 254 #

Evelyne GEBHARDT, Nicola DANTI, Marlene MIZZI, Lucy ANDERSON

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b

(b) they, as a primary function, allow business users to offer goods or services to consumers, with a view to facilitating the initiating of direct transactions between those business users and consumers, irrespective of whethere those transactions are ultimately concluded on the online portal of the online intermediation service or business user;

Amendment 255 #

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point c

(c) they are provided to business users on the basis of contractual relationships between~~, on the one hand,~~ the provider of those services and~~, on the other hand, both those business users and the consumers to which those~~ business users which offer goods or services to consumers;

Amendment 256 #

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point c

Amendment 257 #

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point c

Amendment 258 #

Virginie ROZIÈRE, Marc TARABELLA, Marlene MIZZI, Lucy ANDERSON

Proposal for a regulation
Article 2 – paragraph 1 – point 3

(3) ‘provider of online intermediation services, online search engine services and of operating systems’ means any natural or legal person which provides, or which offers to provide, online intermediation services to business users, and reaches more than 5 million unique visitors a month;

Amendment 259 #

Proposal for a regulation
Article 2 – paragraph 1 – point 3 a (new)

(3a) device ‘operating system’ means system software products that control the basic functions of a device and enable the user to make use of such a device and run application software on it.

Amendment 260 #

Philippe JUVIN, Andreas SCHWAB, Sabine VERHEYEN, Lara COMI, Pascal ARIMONT

Proposal for a regulation
Article 2 – paragraph 1 – point 3 a (new)

(3a) ‘device operating system’ means system software products that control the basic functions of a device and enable the user to make use of such a device and run application software on it.

Amendment 261 #

Philippe JUVIN, Carlos COELHO, Andreas SCHWAB, Sabine VERHEYEN, Lara COMI, Pascal ARIMONT

Proposal for a regulation
Article 2 – paragraph 1 – point 3 b (new)

(3b) ‘operating systems providers’ means any natural or legal person which provides, or which offers to provide, device operating systems.

Amendment 262 #

Proposal for a regulation
Article 2 – paragraph 1 – point 3 b (new)

(3b) ‘operating systems providers’ means any natural or legal person which provides, or which offers to provide, device operating systems.

Amendment 263 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5

(5) ‘online search engine’ means a digital service ~~that allows users to perform searches of, in princip~~, including a website or a part thereof and applications, including mobile, a~~ll websites or websites in a particular language on the basis of a query~~pplications or other online interface that allows users to perform searches on any subject in the form of a keyword, phrase or other input, and returns ~~link~~results in which information related to the requested content can be found;

Amendment 264 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5

Amendment 265 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5

(5) ‘online search engine’ means a digital service that allows users to perform searches of, in principle, all websites or websites in a particular language or other online interfaces, including ‘mobile’ applications on the basis of a query on any subject in the form of a keyword, phrase or other input, and returns ~~links~~results in any format in which information related to the requested content can be found;

Amendment 266 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5

(5) ‘online search engine’ means a digital service that allows users to perform searches of, in principle, all websites or websites in a particular language on the basis of a query on any subject in the form of a keyword, phrase or other input, and returns ~~links~~content such as short texts, pictures, links, videos, audios, in which information related to the requested content can be found;

Amendment 267 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5

(5) ‘online search engine’ means a digital service that allows users to perform searches of, in principle, all websites or websites in a particular language on the basis of a query on any subject in the form of a keyword, phrase, vocal request or other input, and returns ~~links~~results in any format in which information related to the requested content can be found;

Amendment 268 #

Philippe JUVIN, Jiří POSPÍŠIL, Othmar KARAS, Carlos COELHO, Andreas SCHWAB, Sabine VERHEYEN, Lara COMI, Pascal ARIMONT

Proposal for a regulation
Article 2 – paragraph 1 – point 5

(5) ‘online search engine’ means a digital service that allows users to perform searches of, in principle, all websites or websites in a particular language on the basis of a query on any subject in the form of a keyword, vocal request, phrase or other input, and returns ~~links~~results in any format in which information related to the requested content can be found;

Amendment 269 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5

(5) ‘online search engine’ means a digital service that allows users to perform searches of~~, in principle, all~~ websites or websites in a particular language on the basis of a query on any subject in the form of a keyword, phrase or other input, and returns links in which information related to the requested content can be found;

Amendment 270 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5

Amendment 271 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5

(5) ‘online search engine’ means a digital service that allows users to perform searches of, in principle, all websites or websites in a particular language on the basis of a query on any subject in the form of a keyword, phrase or other input, such as a voice command, and returns links in which information related to the requested content can be found;

Amendment 272 #

Proposal for a regulation
Article 2 – paragraph 1 – point 7

(7) ‘corporate website user’ means any natural or legal person which uses ~~websites~~an online interface, meaning any software, including a website and its ‘mobile applications’, to offer goods or services to consumers for purposes relating to its trade, business, craft or profession;

Amendment 273 #

Proposal for a regulation
Article 2 – paragraph 1 – point 7

Amendment 274 #

Proposal for a regulation
Article 2 – paragraph 1 – point 7

Amendment 275 #

Proposal for a regulation
Article 2 – paragraph 1 – point 8

Amendment 276 #

Proposal for a regulation
Article 2 – paragraph 1 – point 8

Amendment 277 #

Proposal for a regulation
Article 2 – paragraph 1 – point 8

Amendment 278 #

Proposal for a regulation
Article 2 – paragraph 1 – point 10

Amendment 279 #

Proposal for a regulation
Article 2 – paragraph 1 – point 10

Amendment 280 #

Proposal for a regulation
Article 2 – paragraph 1 – point 10

Amendment 281 #

Proposal for a regulation
Article 2 – paragraph 1 – point 10

Amendment 282 #

Proposal for a regulation
Article 2 – paragraph 1 – point 10

Amendment 283 #

Proposal for a regulation
Article 2 – paragraph 1 – point 10 a (new)

(10a) ‘Mediation’ means an alternative procedure for settlement of disputes as defined in Article 3(a) of Directive 2008/52/EC of the European Parliament and of the Council on certain aspects of mediation in civil and commercial matters.

Amendment 284 #

Proposal for a regulation
Article 3 – paragraph 1 – introductory part

1. Providers of online intermediation services and providers of operating systems shall ensure that their terms and conditions:

Amendment 285 #

Philippe JUVIN, Carlos COELHO, Andreas SCHWAB, Sabine VERHEYEN, Lara COMI, Pascal ARIMONT

Proposal for a regulation
Article 3 – paragraph 1 – introductory part

1. Providers of online intermediation services and providers of operating systems shall ensure that their terms and conditions:

Amendment 286 #

Proposal for a regulation
Article 3 – paragraph 1 – introductory part

1. Providers of online intermediation services and of online search engines shall ensure that their terms and conditions:

Amendment 287 #

Proposal for a regulation
Article 3 – paragraph 1 – introductory part

1. Providers of online intermediation services and online search engines shall ensure that their terms and conditions:

Amendment 288 #

Proposal for a regulation
Article 3 – paragraph 1 – introductory part

1. Providers of online intermediation services and online search engines shall ensure that their terms and conditions:

Amendment 289 #

Dita CHARANZOVÁ, Jasenko SELIMOVIC, Morten LØKKEGAARD

Proposal for a regulation
Article 3 – paragraph 1 – point -a (new)

(-a) include only fair and proportionate clauses

Amendment 290 #

Proposal for a regulation
Article 3 – paragraph 1 – point a

(a) are drafted in ~~clear and unambiguous~~plain and intelligible language;

Amendment 291 #

Proposal for a regulation
Article 3 – paragraph 1 – point a

(a) are drafted in ~~clear and unambiguous~~plain and intelligible language;

Amendment 292 #

Proposal for a regulation
Article 3 – paragraph 1 – point a

(a) are drafted in clear and ~~unambiguous~~intelligible language;

Amendment 293 #

Sergio GUTIÉRREZ PRIETO, Virginie ROZIÈRE, Arndt KOHN, Marlene MIZZI

Proposal for a regulation
Article 3 – paragraph 1 – point a

(a) are drafted in clear ~~and unambiguous~~ language;

Amendment 294 #

Proposal for a regulation
Article 3 – paragraph 1 – point a

(a) are drafted in clear and unambiguous language, are objective and non-discriminatory;

Amendment 295 #

Proposal for a regulation
Article 3 – paragraph 1 – point b

(b) are publically and easily available for business users at all stages of their commercial relationship with the provider of online intermediation services or with the provider of online search engines, including in the pre-contractual stage;

Amendment 296 #

Proposal for a regulation
Article 3 – paragraph 1 – point b

(b) are easily available for corporate website users and business users at all stages of their commercial relationship with the provider of online intermediation services, including in the pre-contractual stage;

Amendment 297 #

Philippe JUVIN, Carlos COELHO, Andreas SCHWAB, Sabine VERHEYEN, Lara COMI, Pascal ARIMONT

Proposal for a regulation
Article 3 – paragraph 1 – point b

(b) are easily available for business users at all stages of their commercial relationship with the provider of online intermediation services or the providers of operating systems, including in the pre- contractual stage;

Amendment 298 #

Proposal for a regulation
Article 3 – paragraph 1 – point b

(b) are easily available for business users at all stages of their commercial relationship with the provider of online intermediation services or the provider of operating system, including in the pre- contractual stage;

Amendment 299 #

Proposal for a regulation
Article 3 – paragraph 1 – point b a (new)

(ba) are objective, non-discriminatory, fair and reasonable; and

Amendment 300 #

Proposal for a regulation
Article 3 – paragraph 1 – point c

(c) set out ~~the objectiv~~in detail the grounds for decisions to restrict, suspend or terminate, in whole or in part, the provision of their online intermediation services to business users. A statement of reasons shall also be provided if the user’s ranking worsens and shall be consistent with the terms and conditions of the service.

Amendment 301 #

Proposal for a regulation
Article 3 – paragraph 1 – point c

(c) set out the ~~objective~~ grounds for decisions to suspend or terminate, in whole or in part, the provision of their online intermediation services to business users.

Amendment 302 #

Proposal for a regulation
Article 3 – paragraph 1 – point c

(c) set out the ~~objective~~ grounds for decisions to suspend or terminate, in whole or in part, the provision of their online intermediation services to business users.

Amendment 303 #

Proposal for a regulation
Article 3 – paragraph 1 – point c

(c) set out the ~~objective~~ grounds for decisions to suspend or terminate, in whole or in part, the provision of their online intermediation services to business users.

Amendment 304 #

Proposal for a regulation
Article 3 – paragraph 1 – point c

(c) set out the ~~objective~~ grounds for decisions to suspend or terminate, in whole or in part, the provision of their online intermediation services to business users.

Amendment 305 #

Proposal for a regulation
Article 3 – paragraph 1 – point c

(c) set out the objective, non- discriminatory and reasonable grounds for decisions to suspend or terminate, in whole or in part, the provision of their online intermediation services to business users, taking account of all the circumstances, notably when there is no direct alternative to their services.

Amendment 306 #

Lucy ANDERSON, Virginie ROZIÈRE, Arndt KOHN, Liisa JAAKONSAARI, Sergio GUTIÉRREZ PRIETO, Olga SEHNALOVÁ

Proposal for a regulation
Article 3 – paragraph 1 – point c

(c) set out the reasonable and objective grounds for decisions to restrict, suspend or terminate, in whole or in part, the provision of their online intermediation services to business users.

Amendment 307 #

Proposal for a regulation
Article 3 – paragraph 1 – point c

(c) set out the objective grounds for decisions to suspend ~~or terminate~~, terminate or impose any other kind of sanction upon, in whole or in part, the provision of their online intermediation services to business users.

Amendment 308 #

Philippe JUVIN, Carlos COELHO, Andreas SCHWAB, Sabine VERHEYEN, Lara COMI

Proposal for a regulation
Article 3 – paragraph 1 – point c

(c) set out the objective grounds for decisions to suspend or terminate, in whole or in part, the provision of their online intermediation services ~~to business user~~or of providers of operating systems to business users, or any other restrictions.

Amendment 309 #

Proposal for a regulation
Article 3 – paragraph 1 – point c

(c) set out the objective grounds for decisions to suspend or terminate, in whole or in part, the provision of their online intermediation services or their operating system to business users.

Amendment 310 #

Proposal for a regulation
Article 3 – paragraph 1 – point c

(c) set out the objective grounds for decisions to suspend or terminate, in whole or in part, the provision of their online intermediation services to business users and corporate business users; in making such decisions, online intermediation service providers must respect the fundamental rights enshrined in the Charter of Fundamental Rights of the EU and comply with the principle of proportionality.

Amendment 311 #

Proposal for a regulation
Article 3 – paragraph 1 – point c a (new)

(ca) do not oblige business users to give up control fully or partially over their intellectual property rights.

Amendment 312 #

Proposal for a regulation
Article 3 – paragraph 1 a (new)

1a. Transparency vis-à-vis business users shall also be ensured in respect of the relationship between intermediation service providers and additional distribution channels. If these channels fall short of intermediation service standards and compromise users’ business, business users shall have the right to request that their product be withdrawn from those channels.

Amendment 313 #

Proposal for a regulation
Article 3 – paragraph 2

2. Terms and conditions, or specific provisions thereof, which do not comply with the requirements of paragraph 1 shall ~~not be binding~~be null and void, without prejudice to the validity onf the ~~business user concerned where such non-compliance is established by a competent court~~remaining provisions, which shall remain valid and applicable in so far as they can be separated from the non-compliant provisions.

Amendment 314 #

Philippe JUVIN, Jiří POSPÍŠIL, Carlos COELHO, Sabine VERHEYEN, Eva MAYDELL

Proposal for a regulation
Article 3 – paragraph 2

2. Terms and conditions, or specific provisions thereof, which do not comply with the requirements of paragraph 1 shall ~~not be binding on the business user concerne~~be null and void where such non- compliance is established by a competent court.

Amendment 315 #

Sergio GUTIÉRREZ PRIETO, Virginie ROZIÈRE, Arndt KOHN, Marlene MIZZI

Proposal for a regulation
Article 3 – paragraph 2

2. Terms and conditions, or specific provisions thereof, which do not comply with the requirements of paragraph 1 shall ~~not~~ be bin~~ding on the business user concerne~~valid where such non-compliance is established by a competent court.

Amendment 316 #

Proposal for a regulation
Article 3 – paragraph 2 a (new)

2a. Unilateral changes in terms and conditions will be prohibited with the objective to avoid uncertainty and delays at the expense of users.

Amendment 317 #

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1

Providers of online intermediation services shall notify to the business users concerned ~~any envisaged modification of their terms and conditions~~that terms and conditions have been modified.

Amendment 318 #

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1

Providers of online intermediation services shall notify to the business users concerned of any ~~envisaged~~ modification of their terms and conditions, except where those modifications are of a purely administrative nature and have no negative effect on the business users concerned.

Amendment 319 #

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1

Providers of online intermediation services shall notify to the business users concerned any ~~envisaged~~ modification of their terms and conditions.

Amendment 320 #

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1

Providers of online intermediation services and of online search engines shall notify to the business users concerned any envisaged modification of their terms and conditions where this concerns the relationship with the user.

Amendment 321 #

Philippe JUVIN, Carlos COELHO, Andreas SCHWAB, Sabine VERHEYEN, Lara COMI, Pascal ARIMONT

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1

Providers of online intermediation services ~~shall~~and providers of operating system shall actively notify to the business users concerned any envisaged modification of their terms and conditions.

Amendment 322 #

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1

Providers of online intermediation services and providers of operating systems shall notify to the business users concerned any envisaged modification of their terms and conditions.

Amendment 323 #

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1

Providers of online intermediation services shall notify to the business users concerned any envisaged modification of their terms and conditions which are to affect them in a non-negligible and negative manner.

Amendment 324 #

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1

Providers of online intermediation services shall notify to the business users concerned any envisaged modification of their terms and conditions that impact the user in a non-negligible manner.

Amendment 325 #

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1

Providers of online intermediation services shall notify to the business users concerned any envisaged modification of their terms and conditions, in the instances where modifications are to affect them in a substantive and negative manner.

Amendment 326 #

Philippe JUVIN, Andreas SCHWAB, Sabine VERHEYEN, Lara COMI

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2

The envisaged modifications shall not be implemented before the expiry of a notice period which is reasonable and proportionate to the nature and extent of the envisaged modifications and to their consequences for the business user concerned. That notice period shall be at least 1530 days from the date on which the provider of online intermediation services notifies the business users concerned about the envisaged modifications. The business user shall be allowed to terminate their agreement free of any charges within 30 days from the receipt of the notice, where such modifications are detrimental to the business user.

Amendment 327 #

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2

The ~~envisaged~~ modifications shall not be implemented before the expiry of a notice period which is reasonable and proportionate to the nature and extent of the ~~envisaged~~ modifications and to their consequences for the business user concerned. That notice period shall be at least 150 days from the date on which the provider of online intermediation services notifies the business users concerned about the ~~envisaged~~ modifications.

Amendment 328 #

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2

The ~~envisaged~~ modifications shall not be implemented before the expiry of a notice period which is reasonable and proportionate to the nature and extent of the ~~envisaged~~ modifications and to their consequences for the business user concerned. That notice period shall be at least 15 days from the date on which the provider of online intermediation services notifies the business users concerned about the envisaged modifications.

Amendment 329 #

Antonio LÓPEZ-ISTÚRIZ WHITE

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2

The ~~envisaged~~ modifications shall not be implemented before the expiry of a notice period which is reasonable and proportionate to the nature and extent of the ~~envisaged~~ modifications and to their consequences for the business user concerned. That notice period shall be at least 15 days from the date on which the provider of online intermediation services notifies the business users concerned about the envisaged modifications.

Amendment 330 #

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2

Amendment 331 #

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2

The envisaged modifications shall not be implemented before the expiry of a notice period which is reasonable and proportionate to the nature and extent of the envisaged modifications and to their consequences for the business user concerned. That notice period shall be at least 15 days from the date on which the provider of online intermediation services or of online search engines notifies the business users concerned about the envisaged modifications.

Amendment 332 #

Dita CHARANZOVÁ, Morten LØKKEGAARD

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2

The envisaged modifications shall not be implemented before the expiry of a notice period which is reasonable and proportionate to the nature and extent of the envisaged modifications and to their consequences for the business user concerned. That notice period shall be at least 15 days from the date on which the provider of online intermediation services notifies the business users concerned about the envisaged modifications. Where the envisaged modifications require the business user to make significant technical adjustments to its offering, this period should be of at least 3 months.

Amendment 333 #

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 3

The business user concerned may, either by means of a written statement or a clear affirmative action, waive the notice period referred to in the second subparagraph. The continued active use of an online intermediation services shall be deemed an affirmative action.

Amendment 334 #

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 3 a (new)

During the 15 days’ notice period, business users should not be able to submit new goods, content or services to the platform unless they accept the new terms and conditions.

Amendment 335 #

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 3 a (new)

During the notice period or unless the business user accepts the new terms and conditions, business users shall not be able to submit new goods, content or services to the platform.

Amendment 336 #

Proposal for a regulation
Article 3 – paragraph 3 a (new)

3a. In the event that a provider of online intermediation services or of online search engines has to modify its terms and conditions as a matter of urgency in order to protect customers of the service, it may notify the public authority of the modification by means of an emergency procedure. The public authority shall have one working day in which it may object to the modification request. Once this time period has passed, the modification shall be deemed to be accepted and paragraph 3 shall not apply.

Amendment 337 #

Proposal for a regulation
Article 3 – paragraph 4

4. Modifications to terms and conditions implemented by a provider of online intermediation services contrary to the provisions of paragraph 3 shall be ~~null and void~~suspended and enter into force only after the minimal legal period has lapsed..

Amendment 338 #

Proposal for a regulation
Article 3 – paragraph 4

4. Modifications to terms and conditions implemented by a provider of online intermediation services or by a provider of operating systems contrary to the provisions of paragraph 3 shall be null and void.

Amendment 339 #

Philippe JUVIN, Carlos COELHO, Andreas SCHWAB, Sabine VERHEYEN, Lara COMI, Pascal ARIMONT

Proposal for a regulation
Article 3 – paragraph 4

4. Modifications to terms and conditions implemented by a provider of online intermediation services or by providers of operating systems contrary to the provisions of paragraph 3 shall be null and void.

Amendment 340 #

Proposal for a regulation
Article 3 – paragraph 4

4. Modifications to terms and conditions implemented by a provider of online intermediation services or a provider of online search engines contrary to the provisions of paragraph 3 shall be null and void.

Amendment 341 #

Proposal for a regulation
Article 3 – paragraph 4

4. Modifications to terms and conditions implemented by a provider of online intermediation services contrary to the provisions of paragraph 3 shall be null and void for the remainder of the notice period.

Amendment 342 #

Proposal for a regulation
Article 3 – paragraph 4

4. ~~Modifications to t~~Terms and conditions ~~implemented by a provid~~, or specific provisions ther eof ~~online intermediation services contrary to the provisions of paragraph 3 shall be null and void~~, which do not comply with the requirements of paragraph 3 shall be null and void, without prejudice to the validity of the remaining provisions, which shall remain valid and applicable in so far as they can be separated from the non-compliant provisions.

Amendment 343 #

Proposal for a regulation
Article 3 – paragraph 5

5. Paragraph 3 shall not apply where a provider of online intermediation services ~~is subject to a legal obligat~~reasonably believes that to provide the full notice periond w~~hich requires it to modify its terms and conditions in a manner which does not allow it to respect the notice period referred to in the second subparagraph of paragraph 3.~~ ould: (i) breach the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for the provider or its affiliates; (ii) compromise an investigation;(iii) compromise the operation of the online intermediation service; or (iv) cause harm to any user(s) of the online intermediation service or other third parties.

Amendment 344 #

Proposal for a regulation
Article 3 – paragraph 5

5. Paragraph 3 shall not apply where a provider of online intermediation services or by a provider of operating systems is subject to a legal obligation which requires it to modify its terms and conditions in a manner which does not allow it to respect the notice period referred to in the second subparagraph of paragraph 3.

Amendment 345 #

Philippe JUVIN, Carlos COELHO, Andreas SCHWAB, Sabine VERHEYEN, Lara COMI, Pascal ARIMONT

Proposal for a regulation
Article 3 – paragraph 5

5. Paragraph 3 shall not apply where a provider of online intermediation services or a provider of operating systems is subject to a legal obligation which requires it to modify its terms and conditions in a manner which does not allow it to respect the notice period referred to in the second subparagraph of paragraph 3.

Amendment 346 #

Proposal for a regulation
Article 3 – paragraph 5

5. Paragraph 3 shall not apply where a provider of online intermediation services or of online search engines is subject to a legal obligation which requires it to modify its terms and conditions in a manner which does not allow it to respect the notice period referred to in the second subparagraph of paragraph 3.

Amendment 347 #

Proposal for a regulation
Article 3 – paragraph 5

5. Paragraph 3 shall not apply where a provider of online intermediation services is subject to a legal obligation which requires it to modify its terms and conditions in a manner which does not allow it to respect the notice period referred to in the second subparagraph of paragraph 3. Paragraph 3 shall also not apply if the terms and conditions have been modified in order to protect the legitimate interests of users or the operation of the online intermediation service.

Amendment 348 #

Proposal for a regulation
Article 3 – paragraph 5

5. Paragraph 3 shall not apply where a provider of online intermediation services is: (a) subject to a legal obligation which requires it to modify its terms and conditions in a manner which does not allow it to respect the notice period referred to in the second subparagraph of paragraph 3; (b) addressing a security or other imminent danger related to the defend of the online intermediation services from fraud, malware, spam, data breaches or other cybersecurity risks; (c) in order to prevent unforeseen and imminent harm to other users of the online intermediation service. (d) a purely administrative nature and have no clear negative effect on a business user or corporate website user.

Amendment 349 #

Evelyne GEBHARDT, Marlene MIZZI, Nicola DANTI

Proposal for a regulation
Article 3 – paragraph 5

Amendment 350 #

Philippe JUVIN, Antanas GUOGA, Othmar KARAS, Andreas SCHWAB, Sabine VERHEYEN, Eva MAYDELL, Lara COMI

Proposal for a regulation
Article 3 – paragraph 5 – subparagraph 1 (new)

5a. Without prejudice to EU and national rules concerning illegal content, if the terms and conditions have been modified in order to protect the legitimate interest of the consumers or of the provider of online intermediation services, in response to practices that can cause immediate harm to consumers, intermediary service providers or providers of operating systems shall apply a 15 days’ notice period for application of the new terms and conditions.

Amendment 351 #

Proposal for a regulation
Article 3 – paragraph 5 a (new)

5a. The online intermediation service provider has to ensure that business users retain full control over their brands. The brand attribution to the business user should be recognizable to the consumer throughout all the stages of the intermediation process.

Amendment 352 #

Philippe JUVIN, Carlos COELHO, Sabine VERHEYEN

Proposal for a regulation
Article 3 – paragraph 5 a (new)

5a. The online intermediation service provider has to ensure that the brand attributed to the business user and its goods or services is readily recognizable throughout the entire intermediation process.

Amendment 353 #

Proposal for a regulation
Article 4 – title

4 Sanctions, suspension and termination

Amendment 354 #

Philippe JUVIN, Antanas GUOGA, Carlos COELHO, Sabine VERHEYEN

Proposal for a regulation
Article 4 – paragraph 1

1. Where a provider of online intermediation services and of online search engines decides to sanction suspend or terminate, in whole or in part, the provision of its ~~online intermediation~~ services to a given business user, it shall ~~provide~~inform the business user concerned at least 15 days before implementing that decision, and provide the business user, without undue delay, with a statement of reasons for that decision.

Amendment 355 #

Proposal for a regulation
Article 4 – paragraph 1

1. Where a provider of online intermediation services ~~decides to~~or online search engines decides to restrict, suspend or terminate, in whole or in part, the provision of its ~~online intermediation~~ services to a given business user, it shall provide the business user concerned, without undue delay, with a statement of reasons for that decision. A statement of reasons shall also be provided in the event of a user’s ranking worsening.

Amendment 356 #

Proposal for a regulation
Article 4 – paragraph 1

1. WSubject to Article 4(3) below, where a provider of online intermediation services decides to suspend or terminate, in whole or in part, the provision of its online intermediation services to a given business user, it shall provide the business user concerned, without undue delay, with a statement of reasons for that decision.

Amendment 357 #

Proposal for a regulation
Article 4 – paragraph 1

1. Where a provider of online intermediation services decides to suspend or terminate, in whole or in part, the provision of its online intermediation services to a given business user, it shall provide the business user concerned, without undue delay, with a general statement of reasons for that decision with reference to the term or condition infringed and provide information as to the complaint handling system under Article 9.

Amendment 358 #

Lucy ANDERSON, Virginie ROZIÈRE, Maria GRAPINI, Arndt KOHN, Liisa JAAKONSAARI, Sergio GUTIÉRREZ PRIETO, Olga SEHNALOVÁ, Marlene MIZZI

Proposal for a regulation
Article 4 – paragraph 1

1. Where a provider of online intermediation services decides to suspend or, terminate, or restrict in whole or in part, the provision of its online intermediation services to a given business user, it shall provide the business user or users concerned, without undue delay, with a statement of reasons for that decision.

Amendment 359 #

Proposal for a regulation
Article 4 – paragraph 1

1. Where a provider of online intermediation services decides to restrict, suspend or terminate, in whole or in part, the provision of its online intermediation services to a given business user, it shall provide the business user concerned, without undue delay, with a statement of reasons for that decision.

Amendment 360 #

Proposal for a regulation
Article 4 – paragraph 1

Amendment 361 #

Christel SCHALDEMOSE, Liisa JAAKONSAARI, Olga SEHNALOVÁ, Nicola DANTI, Marlene MIZZI

Proposal for a regulation
Article 4 – paragraph 1

Amendment 362 #

Proposal for a regulation
Article 4 – paragraph 1 a (new)

1a. Paragraph 1 shall also not apply where the provider of online intermediation services acts to protect consumers on the basis of reasonable doubt regarding the safety of a product or service, counterfeiting, fraud, or suitability of the product or service to minors. In such cases, the business user shall be notified without undue delay and be provided with a statement of reasons for that decision.

Amendment 363 #

Proposal for a regulation
Article 4 – paragraph 2

2. ~~The~~Upon request from the business user, an additional statement of reasons referred to in paragraph 1 ~~shall~~ containing a reference to the specific facts or circumstances that led to the decision of the provider of online intermediation services, as well as a reference to the applicable objective ground or grounds for that decision referred to in Article 3(1)(c) shall be immediately be provided. The provider in the statement according to paragraph 1 shall state, in a clear and prominent manner, that this additional statement is available, free of charge, and shall ensure that it can be requested in a quick and easy way.

Amendment 364 #

Proposal for a regulation
Article 4 – paragraph 2

2. The statement of reasons referred to in paragraph 1 shall contain a reference to the ~~specific facts or circumstances that led to the decision of the provider of online intermediation services, as well as a reference to the applicable objectiv~~applicable ground or grounds for that decision referred to in Article 3(1)(c).

Amendment 365 #

Proposal for a regulation
Article 4 – paragraph 2

2. The statement of reasons referred to in paragraph 1 ~~shall contain a reference~~refer in a proportionate manner to the specific facts or circumstances that led to the decision of the provider of online intermediation services, as well as ~~a reference~~ to the applicable objective ground or grounds for that decision referred to in Article 3(1)(c).

Amendment 366 #

Proposal for a regulation
Article 4 – paragraph 2

2. The statement of reasons referred to in paragraph 1 shall contain a reference to the specific facts or circumstances that led to the decision of the provider of online intermediation services or of online search engines, as well as a reference to the applicable ~~objective~~ ground or grounds for that decision referred to in Article 3(1)(c).

Amendment 367 #

Proposal for a regulation
Article 4 – paragraph 2

Amendment 368 #

Proposal for a regulation
Article 4 – paragraph 2

Amendment 369 #

Christel SCHALDEMOSE, Liisa JAAKONSAARI, Olga SEHNALOVÁ, Marlene MIZZI

Proposal for a regulation
Article 4 – paragraph 2

Amendment 370 #

Proposal for a regulation
Article 4 – paragraph 2

2. The statement of reasons referred to in paragraph 1 or 1a shall contain a reference to the specific facts or circumstances that led to the decision of the provider of online intermediation services, as well as a reference to the applicable objective ground or grounds for that decision referred to in Article 3(1)(c).

Amendment 371 #

Proposal for a regulation
Article 4 – paragraph 2

2. The statement of reasons referred to in paragraph 1 shall contain a reference to the specific facts or circumstances that led to the decision of the provider of online intermediation services, as well as a reference to the applicable objective ground or grounds for that decision referred to in Article 3(1)(c). Where the suspension or termination results from a third party notification, the contents of said notification shall be included in the statement of reasons.

Amendment 372 #

Proposal for a regulation
Article 4 – paragraph 2 a (new)

2a. Paragraph 1 shall not apply where the provision of a statement of reasons would place the provider of online intermediation services at risk of: (a) a breach of a legal obligation or direction of a relevant enforcement authority, including where a statement of reasons would prejudice an ongoing investigation, or would otherwise risk legal liability for the provider or its affiliates; or (b) compromise the operation of the online intermediation service, including the risk of harm to other business users of the online intermediation service or other third parties. Where a provider of online services considers that the business user concerned has repeatedly contravened the applicable terms and conditions resulting in their suspension or termination, they shall not be required to provide a statement of reasons and shall instead inform the given business user that this subparagraph applies.

Amendment 373 #

Proposal for a regulation
Article 4 – paragraph 2 a (new)

2a. A provider of online intermediation services shall not be obliged to provide a statement of reasons if such provider reasonably believes that to do so would:(i) breach the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for the provider or its affiliates; (ii)compromise an investigation; (iii) compromise the operation of the online intermediation service; or (iv) cause harm to any user(s) of the online intermediation service or other third parties. A provider of online services shall also not be obliged to provide a statement of reasons to any person it reasonably determines is a repeat infringer.

Amendment 374 #

Proposal for a regulation
Article 4 – paragraph 2 a (new)

2a. Where a suspension or termination are based on a correctable infringement of the terms and conditions and not committed in bad faith, provider of online intermediation services shall seek to reinstate the business user as soon as the non-compliance is corrected. Where a suspension or termination is found to be in error, the business user shall be reinstalled without delay and under the same conditions as before the suspension or termination.

Amendment 375 #

Proposal for a regulation
Article 4 – paragraph 2 a (new)

2a. Providers of online intermediation services shall, when complying with the requirements of this article, not be required to disclose trade secrets as defined in Article 2(1) of Directive (EU) 2016/943, any information where a legal or confidentiality obligation does not allow them to do so or where providing such information may lead to consumers harm.

Amendment 376 #

Proposal for a regulation
Article 4 – paragraph 2 a (new)

2a. Provider of online intermediation services shall provide statement of reasons except when it could lead to compromising an ongoing investigation; or cause harm to any user(s) of the online intermediation service or other third parties; or the provider ascertains that the business user concerned is a repeat infringer.

Amendment 377 #

Proposal for a regulation
Article 4 – paragraph 2 a (new)

2a. In making such decisions, online intermediation service providers must take into account the fundamental rights of the business user and comply with the principle of proportionality.

Amendment 378 #

Proposal for a regulation
Article 4 – paragraph 2 a (new)

2a. Termination and suspension shall be, where possible and proportionate, preceded by a notification and opportunity to clarify or re-establish compliance.

Amendment 379 #

Philippe JUVIN, Antanas GUOGA, Othmar KARAS, Carlos COELHO, Andreas SCHWAB, Sabine VERHEYEN, Pascal ARIMONT, Lara COMI, Eva MAYDELL

Proposal for a regulation
Article 4 a (new)

Article 4a Article 4.1 shall not apply where a provider of online intermediation services is subject to a legal obligation to sanction, suspend, or terminate, in whole or in part, the provision of its online intermediation services to a given business, or does so in order to fight against illicit content. In such cases, the business user shall be notified without undue delay.

Amendment 380 #

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1

Providers of online intermediation services shall set out ~~in their terms and conditions~~ the main parameters determining ranking ~~and the reasons for the relative importance of those main parameters as opposed to other paramet~~by providing a description easily available to business users.

Amendment 381 #

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1

Providers of online intermediation services shall set out ~~in their terms and conditions~~ the main parameters determining ranking and ~~the reasons for the relative importance of those main parameters as opposed to other paramet~~make them easily available for business users.

Amendment 382 #

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1

Providers of online intermediation services ~~shall set out in their terms and conditions the main parameters determining ranking and the reasons for the relative importance of those main parameters as opposed to other parameters~~and providers of online search engines shall set out clearly and unambiguously in their terms and conditions the main parameters and how they are weighted to determine ranking.

Amendment 383 #

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1

Amendment 384 #

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1

Providers of online intermediation services shall set out in their terms and conditions the main parameters determining ranking and the reasons for the ~~relative importance of those main parameters as opposed to other~~ir use as parameters.

Amendment 385 #

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1

Amendment 386 #

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1

Amendment 387 #

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1

Amendment 388 #

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1

Amendment 389 #

Philippe JUVIN

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1

Providers of online intermediation services shall set out clearly in their terms and conditions all the ~~main~~ parameters determining ranking, the weighting of those parameters in dictating order of presentation and the reasons for the relative importance of those main parameters as opposed to other parameters.

Amendment 390 #

Sergio GUTIÉRREZ PRIETO, Virginie ROZIÈRE, Arndt KOHN

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1

Providers of online intermediation services shall set out clearly and precisely in their terms and conditions the main parameters determining ranking and the reasons for the relative importance of those main parameters as opposed to other parameters. The parameters must be objective and non-discriminatory and must be applied in a consistent and non-discriminatory way.

Amendment 391 #

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1

Providers of online intermediation services shall set out in their terms and conditions the main parameters determining ranking and the reasons for the relative importance of those main parameters as opposed to other parameters. However, it will avoid favouring the platforms own products over those of third parties.

Amendment 392 #

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1

Amendment 393 #

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2

~~Where those main parameters include t~~The possibility to influence ranking against any direct or indirect remuneration paid by business users to the provider of online intermediation services concerned~~, that provider of online intermediation services shall also include in its terms and conditions a description of those possibilities and~~ shall be prohibited. Ranking should be established solely according to objective criteria regarding the quality of the ~~effects~~good ofr s~~uch remuneration on ranking~~ervice offered.

Amendment 394 #

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2

Where those ~~main~~ parameters include the possibility to influence ranking against any direct or indirect remuneration paid by business users to the provider of online intermediation services concerned, that provider of online intermediation services shall also include in its terms and conditions a description of those possibilities and of the effects of such remuneration on ranking.

Amendment 395 #

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2

Amendment 396 #

Philippe JUVIN

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2

Amendment 397 #

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2

Where those main parameters include the possibility to influence ranking against any direct or indirect remuneration paid by business users to the provider of online intermediation services concerned, that provider of online intermediation services shall ~~also~~ include in its terms and conditions a description of those possibilities and of the effects of such remuneration on ranking.

Amendment 398 #

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2

Where those main parameters include the possibility to influence ranking against any direct or indirect remuneration paid by business users to the provider of online intermediation services or the provider of online search engines concerned, that provider of online intermediation services or of online search engines shall also include in its terms and conditions a description of those possibilities and of the effects of such remuneration on ranking.

Amendment 399 #

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2

Where those main parameters include the possibility to influence ranking against any direct or indirect remuneration paid by business users to the provider of online intermediation services concerned, that provider of online intermediation services shall also include in its terms and conditions a description of those possibilities ~~and of the effects of such remuneration on ranking~~.

Amendment 400 #

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2 a (new)

When displaying the results, the online intermediation service shall disclose close to each ranking whether and to what extent it has been influenced against direct or indirect remuneration, contractual or direct ownership relations.

Amendment 401 #

Proposal for a regulation
Article 5 – paragraph 1 a (new)

1a. Where a provider of an online intermediation service has altered the ranking order in a specific case or delisted a particular product or service offered by a business user following a third party notification, the provider shall provide the business user concerned, without undue delay, with a statement of reasons for that decision. The statement of reasons shall include a reference to the specific facts and circumstances that have led to the decision of the provider of online intermediation services, as well as the contents of the notification.

Amendment 402 #

Proposal for a regulation
Article 5 – paragraph 2

Amendment 403 #

Philippe JUVIN

Proposal for a regulation
Article 5 – paragraph 2

2. Providers of online search engines shall set out for corporate website users the ~~main~~ parameters determining ranking in the general search results pages, the weighting of those parameters in dictating order of presentation, and the reasons for their relative importance vis-à-vis other parameters, by providing an easily and publicly available description, drafted in clear ~~and unambiguous~~, plain and intelligible language on the online search engines of those providers. They shall keep that description up to date.

Amendment 404 #

Proposal for a regulation
Article 5 – paragraph 2

2. Providers of online search engines shall set out for corporate website users the main parameters, and how they are weighted to determin~~ing~~e ranking in the search result pages, by providing an easily and publicly available description, drafted in clear and unambiguous language on the online search engines of those providers. They shall keep that description up to date.

Amendment 405 #

Proposal for a regulation
Article 5 – paragraph 2

2. Providers of online search engines shall set out for corporate website users the main parameters determining ranking, by providing a~~n easily and~~ publicly available description, drafted in clear ~~and unambiguous~~ language on the online search engines of those providers. They shall keep that description up to date.

Amendment 406 #

Dita CHARANZOVÁ, Jasenko SELIMOVIC, Morten LØKKEGAARD

Proposal for a regulation
Article 5 – paragraph 2

2. Providers of online search engines shall set out for corporate website users the main parameters determining ranking, by providing an easily and publicly available description, drafted in ~~clear and unambiguous~~plain and intelligible language on the online search engines of those providers. They shall keep that description up to date.

Amendment 407 #

Proposal for a regulation
Article 5 – paragraph 2

2. Providers of online search engines shall set out for corporate website users the main parameters determining ranking, by providing an easily and publicly available description, drafted in ~~clear and unambiguous~~plain and intelligible language on the online search engines of those providers. They shall keep that description up to date.

Amendment 408 #

Proposal for a regulation
Article 5 – paragraph 2

2. Providers of online search engines shall set out for corporate website users the main parameters determining ranking, by providing an easily and publicly available description, drafted in clear and ~~unambiguous~~intelligible language on the online search engines of those providers. They shall keep that description up to date.

Amendment 409 #

Proposal for a regulation
Article 5 – paragraph 2

2. Providers of online search engines shall set out for corporate website users the ~~main~~ parameters determining ranking, by providing an easily and publicly available description, drafted in clear and unambiguous language on the online search engines of those providers. They shall keep that description up to date.

Amendment 410 #

Liisa JAAKONSAARI

Proposal for a regulation
Article 5 – paragraph 2

2. Providers of online search engines shall set out for corporate website users the main parameters determining ranking, and the reasons for the relative importance of those main parameters as opposed to other parameters by providing an easily and publicly available description, drafted in clear and unambiguous language on the online search engines of those providers. They shall keep that description up to date. Where those main parameters include the possibility to influence ranking against any direct or indirect remuneration paid by corporate website users to the provider of online search engine services considered, that provider of search engine services shall also include in its terms and conditions a description of those possibilities and of the effects of such remuneration on ranking.

Amendment 411 #

Nicola DANTI, Sergio Gaetano COFFERATI, Virginie ROZIÈRE, Maria GRAPINI, Lucy ANDERSON, Pina PICIERNO, Marlene MIZZI, Christel SCHALDEMOSE, Marc TARABELLA

Proposal for a regulation
Article 5 – paragraph 2

2. Providers of online search engines shall set out for corporate website users the main parameters determining ranking and the reasons for the relative importance of those main parameters as opposed to other parameters, by providing an easily and publicly available description, drafted in clear and unambiguous language on the online search engines of those providers. They shall keep that description up to date.

Amendment 412 #

Proposal for a regulation
Article 5 – paragraph 2

2. Providers of online search engines shall set out for corporate website users the main parameters determining ranking, by providing an easily and publicly available description, drafted in clear and unambiguous language on the online search engines of those providers. They shall keep that description up to date. with regard to material changes that can reasonably be expected to affect corporate website users in a non-negligible and negative manner

Amendment 413 #

Proposal for a regulation
Article 5 – paragraph 2 a (new)

2a. Where a provider of an online search engine has altered the ranking order in a specific case or delisted a particular website following a third party notification, the provider shall offer the possibility for the business user to inspects the contents of the notice in a publicly accessible online database. The provider of an online search engine shall offer corporate business users a complaint and redress mechanism to correct delistings or changes to the ranking order following a wrongful notification.

Amendment 414 #

Proposal for a regulation
Article 5 – paragraph 2 a (new)

2a. Where the main parameters include the possibility to influence ranking against any direct or indirect remuneration paid by business users or corporate website users to the respective provider, that provider shall also set out a description of those possibilities and of the effects of such remuneration on ranking.

Amendment 415 #

Nicola DANTI, Sergio Gaetano COFFERATI, Virginie ROZIÈRE, Maria GRAPINI, Lucy ANDERSON, Pina PICIERNO, Arndt KOHN, Sergio GUTIÉRREZ PRIETO, Marlene MIZZI, Marc TARABELLA

Proposal for a regulation
Article 5 – paragraph 2 a (new)

2a. Individual parameters determining ranking shall be applied in a non- discriminatory manner.

Amendment 416 #

Nicola DANTI, Sergio Gaetano COFFERATI, Virginie ROZIÈRE, Maria GRAPINI, Lucy ANDERSON, Arndt KOHN, Pina PICIERNO, Sergio GUTIÉRREZ PRIETO, Marlene MIZZI, Christel SCHALDEMOSE, Marc TARABELLA

Proposal for a regulation
Article 5 – paragraph 2 b (new)

2b. Where those main parameters include the possibility to influence ranking against any direct or indirect remuneration paid by corporate website users to the provider of online search engine concerned, that provider of online search engine shall also include in its terms and conditions a description of those possibilities and of the effects of such remuneration on ranking. In any case, providers of online search engines shall not influence ranking of search results against any direct or indirect remuneration paid by corporate website users, unless they mark search results where remuneration was paid in a clearly identifiable manner.

Amendment 417 #

Proposal for a regulation
Article 5 – paragraph 3 – introductory part

Amendment 418 #

Proposal for a regulation
Article 5 – paragraph 3 – introductory part

3. The descriptions referred to in paragraphs 1 and 2 shall be sufficient to enable the business users or corporate website users to obtain an ~~adequate~~ understanding of ~~whether, and if so how and to what extent, the ranking mechanism takes account of the following~~the ranking mechanism as regards:

Amendment 419 #

Proposal for a regulation
Article 5 – paragraph 3 – introductory part

3. The descriptions referred to in paragraphs 1 and 2 shall be sufficient to enable the business users or corporate website users to obtain an ~~adequate~~ understanding of whether~~, and if so how and to what extent,~~ the ranking mechanism takes account of the following:

Amendment 420 #

Proposal for a regulation
Article 5 – paragraph 3 – introductory part

Amendment 421 #

Proposal for a regulation
Article 5 – paragraph 3 – introductory part

Amendment 422 #

Proposal for a regulation
Article 5 – paragraph 3 – point c

(c) as regards online search engines, the design characteristics of the website ~~used by corporate website users~~indexed.

Amendment 423 #

Philippe JUVIN, Andreas SCHWAB, Sabine VERHEYEN, Pascal ARIMONT, Lara COMI

Proposal for a regulation
Article 5 – paragraph 3 a (new)

3a. (a) Providers of online search engines shall notify to corporate website users, in a reasonable notice period, any changes to ranking mechanism referred to in article 5.2. (b) Providers of online search engines shall set out for corporate website users a description of any differentiated treatment which they give, or may give, in relation to, on the one hand, good and services offered to consumers through those online search engines services by either that provider itself or any business users which that provider controls and, on the other hand, other websites users. It shall be clearly indicated, with a specific symbol or any other tool, where provider of online search engines itself, or any business users, which that provider controls partially or entirely, offer goods and services to consumers through online search engines services. (c) Providers of online search engines shall set out for corporate website users an easily accessible internal system allowing websites users to enter into contact with them.

Amendment 424 #

Amendment 425 #

Proposal for a regulation
Article 5 – paragraph 4

4. Providers of online intermediation services and providers of online search engines shall, when complying with the requirements of this Article~~, not be required to disclose any trade secrets as defined in Article 2(1) of Directive (EU) 2016/943.~~

Amendment 426 #

Christel SCHALDEMOSE, Liisa JAAKONSAARI, Marlene MIZZI

Proposal for a regulation
Article 5 – paragraph 4

Amendment 427 #

Proposal for a regulation
Article 5 – paragraph 4

Amendment 428 #

Proposal for a regulation
Article 5 – paragraph 4

Amendment 429 #

Sergio GUTIÉRREZ PRIETO, Marlene MIZZI

Proposal for a regulation
Article 5 – paragraph 4

Amendment 430 #

Proposal for a regulation
Article 5 – paragraph 4

Amendment 431 #

Proposal for a regulation
Article 5 – paragraph 4

4. Providers of online intermediation services and providers of online search engines shall, when complying with the requirements of this Article, (a) not be required to disclose any trade secrets as defined in Article 2(1) of Directive (EU) 2016/943 nor any other business sensitive information, disclosure of which could undermine the provider’s competitive advantage. (b) not be required to disclose any information that would be likely to facilitate either the manipulation of results or the deception of consumers.

Amendment 432 #

Proposal for a regulation
Article 5 – paragraph 4 a (new)

4a. (a) not be required to disclose any trade secrets as defined in Article 2(1) of Directive (EU) 2016/943 nor any other business sensitive information, disclosure of which could undermine the provider’s competitive advantage; (b) nor be required to disclose any information that would be likely to facilitate either the manipulation of results or the deception of consumers.

Amendment 433 #

Proposal for a regulation
Article 5 – paragraph 4 a (new)

4a. Providers of online intermediation services and providers of online search engines shall, when complying with the requirements of this Article, not be required to disclose any information which is to result in consumer harm following manipulation of ranking by business users or corporate business users.

Amendment 434 #

Proposal for a regulation
Article 5 – paragraph 4 a (new)

4a. Providers of online intermediation services and providers of online search engines shall make sure that the information revealed under this Article does not result in a consumer harm following manipulation of ranking by business users and corporate business websites.

Amendment 435 #

Proposal for a regulation
Article 5 – paragraph 4 a (new)

4a. Not be required to disclose any trade secrets as defined in Article 2(1) of Directive (EU) 2016/943.

Amendment 436 #

Proposal for a regulation
Article 5 – paragraph 4 a (new)

4a. The transparency requirements referred to in this article shall be accompanied by guidelines issued by the Commission regarding the conditions under which an online intermediation service complies with this article. The Commission shall ensure the due compliance with these requirements.

Amendment 437 #

Proposal for a regulation
Article 5 – paragraph 4 a (new)

4a. In order to facilitate the implementation of the Regulation, providers of online intermediation services and of search engines shall designate a person responsible for the parameters and how they are weighted to determine the ranking of business users. Providers of online intermediation services and online search engines shall provide business users with the contact details of the person concerned.

Amendment 438 #

Proposal for a regulation
Article 5 – paragraph 4 a (new)

4a. Providers of online intermediation services may include clear attempts to manipulate ranking results by business users as grounds for suspension or termination under article 3.

Amendment 439 #

Proposal for a regulation
Article 5 – paragraph 4 b (new)

4b. Not be required to disclose any other information, which may facilitate manipulation of results or mislead the consumer.

Amendment 440 #

Proposal for a regulation
Article 5 – paragraph 4 b (new)

4b. Providers of online search engines shall apply non-discriminatory classification criteria to all corporate website users. In particular, processes and methods which impact upon visibility, activation, ranking and interaction with users or on the graphic format of a search result shall be the same for all users.

Amendment 441 #

Philippe JUVIN, Jiří POSPÍŠIL, Othmar KARAS, Carlos COELHO, Andreas SCHWAB, Sabine VERHEYEN, Eva MAYDELL, Lara COMI

Proposal for a regulation
Article 5 a (new)

Article 5a Providers of online search engines shall apply fair treatment and ranking criteria on a non-discriminatory basis to all corporate website users, including to corporate website users that a provider controls directly or indirectly. In particular, the same underlying processes and methods for the positioning and display in the general search results pages shall be applied. Those include all elements that have an impact on the visibility, triggering, ranking or graphical format of a search result in the providers’ general search results pages.

Amendment 442 #

Proposal for a regulation
Article 6 – title

Differentiated treatment and unfair commercial practices

Amendment 443 #

Proposal for a regulation
Article 6 – paragraph -1 (new)

Amendment 444 #

Proposal for a regulation
Article 6 – paragraph 1

1. Providers of online intermediation services and providers of operating systems shall include in their terms and conditions a description of any differentiated treatment which they give, or may give, in relation to, on the one hand, goods or services offered to consumers through those online intermediation services or operating systems by either that provider itself or any business users which that provider controls and, on the other hand, other business users.

Amendment 445 #

Philippe JUVIN, Carlos COELHO, Andreas SCHWAB, Sabine VERHEYEN, Othmar KARAS, Pascal ARIMONT, Lara COMI

Proposal for a regulation
Article 6 – paragraph 1

Amendment 446 #

Proposal for a regulation
Article 6 – paragraph 1

1. Providers of online intermediation services, operating systems or search engine services shall include in their terms and conditions a description of any differentiated treatment which they give, or may give, in relation to, on the one hand, goods or services offered to consumers through those online intermediation services by either that provider itself or any business users which that provider controls and, on the other hand, other business users.

Amendment 447 #

Proposal for a regulation
Article 6 – paragraph 1

1. Providers of online intermediation services shall include in their terms and conditions or make available to business users a description of any differentiated treatment which they give, or may give, in relation to, on the one hand, goods or services offered to consumers through those online intermediation services by either that provider itself or any business users which that provider controls and, on the other hand, other business users.

Amendment 448 #

Sergio GUTIÉRREZ PRIETO, Virginie ROZIÈRE, Marlene MIZZI

Proposal for a regulation
Article 6 – paragraph 1

1. Providers of online intermediation services and of online search engines shall include in their terms and conditions a clear and unambiguous description of any differentiated treatment which they give, or may give, in relation to, on the one hand, goods or services offered or displayed to consumers through those online intermediation services or through online search engines by either that provider itself or any business users which that provider controls and, on the other hand, other business users.

Amendment 449 #

Proposal for a regulation
Article 6 – paragraph 1

1. Providers of online intermediation services shall include in their terms and conditions a description of any differentiated treatment which they give, or may give, in relation to, on the one hand, goods or services offered to consumers through those online intermediation services by either that provider itself or any business users which that provider controls and, on the other hand, other business users. Likewise, the risk of unfair behaviour will be addressed when a platform, in a position of superiority, provides a service that competes directly with that of the business user.

Amendment 450 #

Proposal for a regulation
Article 6 – paragraph 1

Amendment 451 #

Evelyne GEBHARDT, Lucy ANDERSON, Marlene MIZZI

Proposal for a regulation
Article 6 – paragraph 1 a (new)

1a. Providers of online intermediation services and providers of online search engines shall allow consumers to choose in a simple and intuitive manner the goods or services they wish to have as their default option. Similarly, services controlled by providers of online intermediation services and of online search engines shall not have preconfigured options but shall allow consumers to choose the goods or services they wish as default options.

Amendment 452 #

Proposal for a regulation
Article 6 – paragraph 1 a (new)

1a. Providers of online search engines shall set out a description of any differentiated treatment they might give in relation to, on the one hand, goods or services offered to consumers through those online search engine services by either that provider itself of any corporate website users which that provider controls and, on the other hand, other corporate website users.

Amendment 453 #

Proposal for a regulation
Article 6 – paragraph 1 b (new)

1b. Providers of online intermediation services and online search engines may not in any way endow with technical or economic advantages their offer of their own services or of services they control to commercial users, nor may they in any way interfere in the relationship between commercial users in competition with them and consumers to whom said commercial users offer goods and services, including by blocking or restricting the flow of information and communications, including publicity and marketing, between these parties.

Amendment 454 #

Proposal for a regulation
Article 6 – paragraph 2 – introductory part

2. The description referred to in paragraph 1 and 2 shall cover at least, where applicable, any differentiated treatment through specific measures taken by, or the behaviour of, the provider of the online intermediation services or the provider of online search engines, relating to any of the following:

Amendment 455 #

Proposal for a regulation
Article 6 – paragraph 2 – introductory part

2. The description referred to in paragraph 1 shall cover at least, where applicable, any differentiated treatment through specific measures taken by, or the behaviour of, the provider of the online intermediation services or the provider of online search engines relating to any of the following:

Amendment 456 #

Proposal for a regulation
Article 6 – paragraph 2 – introductory part

2. The description referred to in paragraph 1 shall cover at least, where applicable, any differentiated treatment through specific measures taken by, or the behaviour of, the provider of the online intermediation services or the provider of the operating system relating to any of the following:

Amendment 457 #

Philippe JUVIN, Carlos COELHO, Andreas SCHWAB, Sabine VERHEYEN, Pascal ARIMONT, Lara COMI

Proposal for a regulation
Article 6 – paragraph 2 – introductory part

2. The description referred to in paragraph 1 shall cover at least, where applicable, any differentiated treatment through specific measures taken by, or the behaviour of, the provider of the online intermediation services or of the operating system relating to any of the following:

Amendment 458 #

Proposal for a regulation
Article 6 – paragraph 2 – point a

(a) access that the provider, or that the business users which that provider controls, may have to any personal data or other data, or both, which business users or consumers provide for the use of the online intermediation services or the online search engines concerned or which are generated through the provision of those services;

Amendment 459 #

Philippe JUVIN, Carlos COELHO, Andreas SCHWAB, Sabine VERHEYEN, Pascal ARIMONT, Lara COMI

Proposal for a regulation
Article 6 – paragraph 2 – point a

(a) access that the provider, or that the business users which that provider controls, may have to any personal data or other data, or both, which business users or consumers provide for the use of the online intermediation services or of the operating system concerned or which are generated through the provision of those services;

Amendment 460 #

Proposal for a regulation
Article 6 – paragraph 2 – point a

(a) access that the provider, or that the business users which that provider controls, may have to any personal data or other data, or both, which business users or consumers provide for the use of the online intermediation services or of the operating system concerned or which are generated through the provision of those services;

Amendment 461 #

Proposal for a regulation
Article 6 – paragraph 2 – point b

(b) ranking and default settings;

Amendment 462 #

Proposal for a regulation
Article 6 – paragraph 2 – point b

(b) ranking and default settings;

Amendment 463 #

Philippe JUVIN, Andreas SCHWAB, Sabine VERHEYEN, Lara COMI, Antonio LÓPEZ-ISTÚRIZ WHITE

Proposal for a regulation
Article 6 – paragraph 2 – point b

(b) ranking and default settings;

Amendment 464 #

Proposal for a regulation
Article 6 – paragraph 2 – point c

(c) any direct or indirect remuneration charged for the use of the online intermediation services ~~concerned~~or the use of the operating systems concerned, at an ancillary services, and any technical or economic benefit it does not extend to all business users;

Amendment 465 #

Proposal for a regulation
Article 6 – paragraph 2 – point c

(c) any direct or indirect remuneration charged for the use of the online intermediation services concerned or any ancillary services, and any technical or economic benefit that it does not extend to all business users;

Amendment 466 #

Proposal for a regulation
Article 6 – paragraph 2 – point c

(c) any direct or indirect remuneration charged for the use of the online intermediation services concerned or any ancillary services as well as any technical or economic benefit it does not extend to all business users;

Amendment 467 #

Proposal for a regulation
Article 6 – paragraph 2 – point c

(c) any direct or indirect remuneration charged for the use of the online intermediation services or the use of the operating system concerned;

Amendment 468 #

Proposal for a regulation
Article 6 – paragraph 2 – point c

(c) any direct or indirect remuneration charged for the use of the online intermediation services or online search engine services concerned;

Amendment 469 #

Proposal for a regulation
Article 6 – paragraph 2 – point c

(c) any direct or indirect remuneration charged for the use of the online intermediation services or online search engines concerned;

Amendment 470 #

Proposal for a regulation
Article 6 – paragraph 2 – point d

(d) access to, or conditions for use of, services that are directly connected or ancillary to the online intermediation services or online search engines concerned.

Amendment 471 #

Proposal for a regulation
Article 6 – paragraph 2 – point d

(d) access to, or conditions for use of, services that are directly connected or ancillary to the online intermediation services or online search engine services concerned.

Amendment 472 #

Proposal for a regulation
Article 6 – paragraph 2 – point d

(d) access to, or conditions for use of, services that are directly connected or ancillary to the online intermediation services or of the operating system concerned.

Amendment 473 #

Philippe JUVIN, Carlos COELHO, Andreas SCHWAB, Sabine VERHEYEN, Pascal ARIMONT, Eva MAYDELL, Lara COMI, Antonio LÓPEZ-ISTÚRIZ WHITE

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 (new)

3. To the extent a provider of online intermediation services, or of operating systems or any business user which that provider controls, offers goods or services that compete with those offered by other business users, the provider shall apply fair treatment to those other business users in such a way that it does not materially impair those business users’ ability to do business.

Amendment 474 #

Philippe JUVIN, Carlos COELHO, Andreas SCHWAB, Sabine VERHEYEN, Lara COMI, Antonio LÓPEZ-ISTÚRIZ WHITE

Proposal for a regulation
Article 6 – paragraph 2 a (new)

2a. Unfair Trading Practices 1. The provider of an online intermediation service, an operating system or an online search engine service, shall not engage in unfair commercial practices. 2. A practice shall constitute an unfair commercial practice if the practice leads to situations where there is a materially detrimental impact on competition and consumer choice. 3. In assessing whether a trading practice is unfair, account shall be taken of the following factors: (a) the market position of the online intermediary and the business user; and (b) whether there is a significant imbalance in the parties’ negotiating abilities which results in the online intermediary imposing an unreasonable burden on the business user in its terms and conditions or its commercial practices. 4. The Annex contains a list of those commercial practices which shall in all circumstances be regarded as unfair. The same single list shall apply in all Member States. 5. Article 6.4 does not apply where providers of an online intermediation service, operating system or a search engine service, are required by law to undertake such practices. 6. The same single list shall be reviewed by the Platform Observatory who shall provide recommendations to the European Commission on further commercial practices which are unfair under this Article. 7. The European Commission shall, by [set date], after consulting stakeholders, issue a non-binding Guidance on unfair commercial practices.

Amendment 475 #

Proposal for a regulation
Article 6 – paragraph 2 a (new)

2a. Unfair Trading Practices 1. The provider of an online intermediation service, an operating system or a search engine service, shall not engage in an unfair commercial practices. 2. A practice shall constitute an unfair commercial practice if the practice leads to situations where there is a materially detrimental impact on competition and consumer choice. 3. The Annex contains a list of those commercial practices which shall in all circumstances be regarded as unfair. The same single list shall apply in all Member States. 4. Article 6.4 does not apply where provider of an online intermediation service, operating system or a search engine service, are required by law to undertake such practices. 5. The same single list shall be reviewed by the Platform Observatory who shall provide recommendations on further commercial practices which are unfair under this Article to the European Commission. In order to provide such recommendations, the Platform Observatory should analyse the situation on the ground and the jurisprudence from national and European Courts. 6. The European Commission shall, by [set date], after consulting stakeholders, issue non-binding Guidance on unfair commercial practices.

Amendment 476 #

Proposal for a regulation
Article 6 – paragraph 2 a (new)

2a. When providers of online intermediation services or any user company controlled by those providers offer goods or services which are in competition with those offered by other user companies, the providers of online intermediation services must treat such other user companies fairly, so as not to compromise those companies’ ability and freedom to trade. This fair treatment shall entail: (a) allowing consumers to choose the services to which they have access via the online intermediation service without imposing unjustified constraints on them – for example, by ignoring or changing their default parameters – in making that choice; (b) refraining from interference in the trading relationships between user companies and the consumers who use those companies’ services, and particularly from blocking or otherwise inhibiting exchanges of information or communication between the companies and the consumers, inter alia through the use of advertisements or marketing operations; (c) granting user companies the information required to obtain a degree of interoperability with the provider of online intermediation services, or with its ancillary services, which is the same as that afforded to the services offered by the provider of online intermediation services itself; (d) not denying user companies technical or economic benefits which the provider of online intermediation services extends directly or indirectly to its own services.

Amendment 477 #

Proposal for a regulation
Article 6 – paragraph 2 a (new)

2a. Providers of online intermediation services that provide, directly or indirectly through businesses under their control, goods or services to consumers that compete with those provided by its business users, shall allow consumers to freely choose which good or service to use as default when using the online intermediation service.

Amendment 478 #

Proposal for a regulation
Article 6 – paragraph 2 a (new)

2a. When displaying the results, the online intermediation service shall disclose close to each product or service to which it gave differentiated treatment, in a well recognisable manner whether it has been influenced against direct or indirect remuneration, contractual or direct ownership relationships.

Amendment 479 #

Proposal for a regulation
Article 6 – paragraph 2 a (new)

2a. Paragraph 1 shall not apply where differentiated treatment is required in order to prevent harmful on-line practices, including, among other, frauds, spam and phishing attempts, scams, and malware.

Amendment 480 #

Proposal for a regulation
Article 6 – paragraph 2 b (new)

2b. An online intermediation service shall not engage in an unfair commercial practice. A practice shall constitute an unfair commercial practice if the practice leads to situations where there is a materially detrimental impact on competition and consumer choice. In assessing whether a trading practice is unfair, account shall be taken of the following factors: (a) the market position of the online intermediary and the business user; and (b) whether there is a significant imbalance in the parties’ negotiating abilities which results in the online intermediary imposing an unreasonable burden on the business user in its terms and conditions or its commercial practices. 4. The Annex contains a list of those commercial practices which shall in all circumstances be regarded as unfair. The same list shall apply in all Member States and be reviewed by the Platform Observatory who shall provide recommendations to the Commission on further commercial practices which are unfair under this Article.

Amendment 481 #

Philippe JUVIN, Jiří POSPÍŠIL, Othmar KARAS, Carlos COELHO, Andreas SCHWAB, Sabine VERHEYEN, Lara COMI, Anna Maria CORAZZA BILDT

Proposal for a regulation
Article 7 – paragraph 1

1. Providers of online intermediation services and providers of online search engines shall include in their terms and conditions a description of the technical and contractual access, or absence thereof, of business users or corporate website users to any personal data or other data, or both, which business users or corporate website users or consumers provide for the use of the online intermediation services or online search engines concerned or which are generated through the provision of those services.

Amendment 482 #

Proposal for a regulation
Article 7 – paragraph 1

1. Providers of online intermediation services and online search engines shall include in their terms and conditions a description of the technical and contractual access, or absence thereof, of business users to any personal data or other data, or both, which business users or consumers provide for the use of the online intermediation services and online search engines concerned or which are generated through the provision of those services. This Regulation is without prejudice to the application of Regulation (EU) 2016/679.

Amendment 483 #

Proposal for a regulation
Article 7 – paragraph 1

1. Providers of online intermediation services or online search engines shall include in their terms and conditions a description of the technical and contractual access, or absence thereof, of business users and corporate website users to any personal data or other data, or both, which business users, corporate website users or consumers provide for the use of the search engines or the online intermediation services concerned or which are generated through the provision of those services.

Amendment 484 #

Proposal for a regulation
Article 7 – paragraph 1

1. Providers of online intermediation services and search engines shall include in their terms and conditions a description of the technical and contractual access, or absence thereof, of business users and corporate website users to any personal data or other data, or both, which business users, corporate website users or consumers provide for the use of the search engines or the online intermediation services concerned or which are generated through the provision of those services.

Amendment 485 #

Proposal for a regulation
Article 7 – paragraph 1

Amendment 486 #

Proposal for a regulation
Article 7 – paragraph 1

1. Providers of online intermediation services and providers of online search engines shall include in their terms and conditions a description of the technical and contractual access, ~~or absence thereof,~~ of business users to any personal data or other data, or both, which business users or consumers provide for the use of the online intermediation services concerned or which are generated through the provision of those services.

Amendment 487 #

Proposal for a regulation
Article 7 – paragraph 1

1. Providers of online intermediation services shall include in their terms and conditions a description of the technical a~~nd contractual access, or absence thereof,~~ccess of business users to any personal data orand other data, ~~or both~~including in aggregated form, which business users or consumers provide for the use of the online intermediation services concerned or which are generated through the provision of those services and any data.

Amendment 488 #

Proposal for a regulation
Article 7 – paragraph 1

1. Providers of online intermediation services shall include in their terms and conditions a description of the technical and contractual access~~, or absence thereof,~~ of business users to any personal data or other data, or both, which business users or consumers provide for the use of the online intermediation services concerned or which are generated through the provision of those services.

Amendment 489 #

Proposal for a regulation
Article 7 – paragraph 1 a (new)

1a. Providers of online intermediation services shall provide access to business users to any personal data and other data, including in aggregated form, which business users provide for the use of the online intermediation services concerned.

Amendment 490 #

Proposal for a regulation
Article 7 – paragraph 2 – introductory part

2. ~~Through the description referred to in paragraph 1, p~~Providers of online intermediation services shall adequately inform business users at least at least of the following:

Amendment 491 #

Proposal for a regulation
Article 7 – paragraph 2 – introductory part

Amendment 492 #

Proposal for a regulation
Article 7 – paragraph 2 – introductory part

2. Through the description referred to in paragraph 1, providers of online intermediation services and online search engines shall adequately inform business users at least of the following:

Amendment 493 #

Proposal for a regulation
Article 7 – paragraph 2 – introductory part

2. Through the description referred to in paragraph 1, providers of online intermediation services and online search engines shall adequately inform business users at least of the following:

Amendment 494 #

Philippe JUVIN, Jiří POSPÍŠIL, Carlos COELHO, Andreas SCHWAB, Sabine VERHEYEN, Lara COMI, Anna Maria CORAZZA BILDT

Proposal for a regulation
Article 7 – paragraph 2 – introductory part

2. Through the description referred to in paragraph 1, providers of online intermediation services or online search engines shall adequately inform business users at least of the following:

Amendment 495 #

Proposal for a regulation
Article 7 – paragraph 2 – introductory part

2. Through the description referred to in paragraph 1, providers of online intermediation services or search engines shall adequately inform business users at least of the following:

Amendment 496 #

(a) ~~whether~~to which personal and or other data the provider of online intermediation services has access to ~~personal data or other data, or both~~, which business users or consumers provide for the use of those services, or which are generated through the provision of those services, and ~~if so, to whi~~any of such categories of such data and under what conditions;

Amendment 497 #

Philippe JUVIN, Jiří POSPÍŠIL, Carlos COELHO, Andreas SCHWAB, Sabine VERHEYEN, Lara COMI, Anna Maria CORAZZA BILDT

Proposal for a regulation
Article 7 – paragraph 2 – point a

(a) whether the provider of online intermediation services and the provider of online search engines has access to personal data or other data, or both, which business users or corporate website users or consumers provide for the use of those services or which are generated through the provision of those services, and if so, to which categories of such data and under what conditions;

Amendment 498 #

Proposal for a regulation
Article 7 – paragraph 2 – point a

(a) whether the provider of online intermediation services or of search engine has access to personal data or other data, or both, which business users, corporate websites or consumers provide for the use of those services or which are generated through the provision of those services, and if so, to which categories of such data and under what conditions;

Amendment 499 #

Proposal for a regulation
Article 7 – paragraph 2 – point a

Amendment 500 #

Proposal for a regulation
Article 7 – paragraph 2 – point a

(a) whether the provider of online intermediation services and online search engines has access to personal data or other data, or both, which business users or consumers provide for the use of those services or which are generated through the provision of those services, and if so, to which categories of such data and under what conditions and whether the data has been passed on to third parties;

Amendment 501 #

Proposal for a regulation
Article 7 – paragraph 2 – point a

(a) whether the provider of online intermediation services or of online search engines has access to personal data or other data, or both, which business users or consumers provide for the use of those services or which are generated through the provision of those services, and if so, to which categories of such data and under what conditions;

Amendment 502 #

Proposal for a regulation
Article 7 – paragraph 2 – point b

(b) whether a business user has access to personal data or other data, or both, provided by that business user in connection to his or her use of the online intermediation services and online search engines concerned or generated through the provision of those services to that business user and the consumers of his or her goods or services, and if so, to which categories of such data and under what conditions;

Amendment 503 #

Philippe JUVIN, Jiří POSPÍŠIL, Carlos COELHO, Andreas SCHWAB, Sabine VERHEYEN, Lara COMI

Proposal for a regulation
Article 7 – paragraph 2 – point b

Amendment 504 #

Proposal for a regulation
Article 7 – paragraph 2 – point b

Amendment 505 #

Proposal for a regulation
Article 7 – paragraph 2 – point b

(b) whether a business user has access to personal data or other data, or both, provided by that business user in connection to his or her use of the online intermediation services or online search engine concerned or generated through the provision of those services to that business user and the consumers of his or her goods or services, and if so, to which categories of such data and under what conditions;

Amendment 506 #

Proposal for a regulation
Article 7 – paragraph 2 – point b

(b) ~~whether~~under what conditions a business user has access to personal data or other data, or both, provided by that business user in connection to his or her use of the online intermediation services concerned or generated through the provision of those services to that business user and the consumers of his or her goods or services, and if so, to which categories of such data and under what conditions;

Amendment 507 #

Proposal for a regulation
Article 7 – paragraph 2 – point b

(b) ~~whether~~under which conditions a business user has access to personal data or other data, or both, provided by that business user in connection to his or her use of the online intermediation services concerned or generated through the provision of those services to that business user and the consumers of his or her goods or services, ~~and if so,~~ to which categories of such data ~~and under what conditions~~;

Amendment 508 #

Proposal for a regulation
Article 7 – paragraph 2 – point b

(b) ~~whether~~ a business user has access to personal data or other data, or both, provided by that business user in connection to his or her use of the online intermediation services concerned or generated through the provision of those services to that business user and the consumers of his or her goods or services, and if so, to which categories of such data and under what conditions;

Amendment 509 #

Proposal for a regulation
Article 7 – paragraph 2 – point c

(c) whether, in addition to point (b), a business user or corporate website has access to personal data or other data, or both, including in aggregated form, provided by or generated through the provision of the online intermediation services or online search engine to all of the business users and consumers thereof, and if so, to which categories of such data and under what conditions.

Amendment 510 #

Proposal for a regulation
Article 7 – paragraph 2 – point c

(c) whether, in addition to point (b), a business user has access to personal data or other data, or both, including in aggregated form, provided by or generated through the provision of the online intermediation services and online search engines to all of the business users and consumers thereof, and if so, to which categories of such data and under what conditions.

Amendment 511 #

Philippe JUVIN, Jiří POSPÍŠIL, Carlos COELHO, Andreas SCHWAB, Sabine VERHEYEN, Lara COMI

Proposal for a regulation
Article 7 – paragraph 2 – point c

Amendment 512 #

Proposal for a regulation
Article 7 – paragraph 2 – point c

Amendment 513 #

Proposal for a regulation
Article 7 – paragraph 2 – point c

(c) ~~whether~~under what conditions, in addition to point (b), a business user has access to personal data or other data, or both, including in aggregated form, provided by or generated through the provision of the online intermediation services to all of the business users and consumers thereof, and if so, to which categories of such data and under what conditions.

Amendment 514 #

Proposal for a regulation
Article 7 – paragraph 2 – point c

(c) ~~whether~~under which conditions, in addition to point (b), a business user has access to personal data or other data, or both, including in aggregated form, provided by or generated through the provision of the online intermediation services to all of the business users and consumers thereof, ~~and if so,~~ to which categories of such data ~~and under what conditions~~.

Amendment 515 #

Proposal for a regulation
Article 7 – paragraph 2 – point c

(c) ~~whether,~~ in addition to point (b), a business user has access to personal data or other data, or both, including in aggregated form, provided by or generated through the provision of the online intermediation services to all of the business users and consumers thereof, and if so, to which categories of such data and under what conditions.

Amendment 516 #

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1 (new)

3. Providers of online intermediation services shall, on request of the business user concerned, grant each business user access to anonymised consumer data which are generated through the facilitation of a transaction between consumers and the business user concerned. This obligation is without prejudice to the obligations with which online intermediation services must comply under the applicable data protection and privacy rules'.

Amendment 517 #

Proposal for a regulation
Article 7 – paragraph 2 – point c a (new)

(ca) under which conditions a business user has access to personal or other data generated through the display of search results linking to the website of the business user concerned and under which conditions a business user has access to data in aggregated form generated through the provision of search results in general and to which categories of such data.

Amendment 518 #

Nicola DANTI, Sergio Gaetano COFFERATI, Virginie ROZIÈRE, Lucy ANDERSON, Pina PICIERNO, Liisa JAAKONSAARI, Marlene MIZZI, Marc TARABELLA

Proposal for a regulation
Article 7 – paragraph 2 a (new)

2a. Business users shall have the right to receive ratings, reviews or any other data concerning themselves that they have accumulated on online intermediation services, regardless of whether they have provided such data to the provider of online intermediation services, in a structured, commonly used and machine- readable format. They shall have the right to transfer such data to another provider of similar online intermediation services with a comparable system of ratings and reviews. Where technically feasible, business users shall have the right to have such data transmitted directly from one provider of online intermediation services to another.

Amendment 519 #

Virginie ROZIÈRE, Marc TARABELLA, Marlene MIZZI

Proposal for a regulation
Article 7 – paragraph 2 a (new)

2a. Providers of online intermediation services shall grant business users access to anonymized consumer data which are directly generated through the facilitation of the transaction between the consumer and the business user concerned. This obligation is without prejudice to the obligations with which online intermediation services must comply under the applicable data protection and privacy rules.

Amendment 520 #

Proposal for a regulation
Article 7 – paragraph 2 a (new)

2a. Notwithstanding the provisions of paragraphs 1 and 2, and with due respect of Regulation2016/679 (GDPR), providers of online intermediated services, facilitating the contracting between the business users and the consumers, shall transmit the relevant consumers data generated through the transaction to the business users or the corporate website users, if the consumer gives explicit consent.

Amendment 521 #

Marlene MIZZI, Maria GRAPINI, Nicola DANTI

Proposal for a regulation
Article 7 – paragraph 2 a (new)

2a. The provider of the online intermediation service shall require users to indicate their status as traders or non- traders; traders will be required to provide in a clear and comprehensible manner, their identity, such as trading name, incorporation details, VAT number, geographical address, and means of contact (email, phone number and person of contact).

Amendment 522 #

2a. Providers of online intermediation services shall, upon request from a consumer of its services, grant access to the personal or other data, or both, generated directly or indirectly by the activity of the consumer, to a third party designated by the consumer. Such access shall be granted under fair, reasonable and non-discriminatory terms.

Amendment 523 #

Christel SCHALDEMOSE, Liisa JAAKONSAARI, Olga SEHNALOVÁ, Nicola DANTI, Marlene MIZZI

Proposal for a regulation
Article 7 – paragraph 2 a (new)

2a. Business users shall ensure that data supplied to providers of online intermediation services and online search engines are easy to understand and suited to compliance with the legal obligations of providers, particularly obligations towards consumers.

Amendment 524 #

Proposal for a regulation
Article 7 – paragraph 2 a (new)

2a. The provider of the online intermediation service shall not for commercial purposes disclose to third parties, including within their corporate structure, data generated by the transactions of a business user without the explicit consent of the business user.

Amendment 525 #

Proposal for a regulation
Article 7 – paragraph 2 a (new)

2a. Notwithstanding the provisions of Article 2, providers of online intermediation services shall provide business users with user data only with users’ consent.

Amendment 526 #

Proposal for a regulation
Article 7 – paragraph 2 b (new)

2b. Providers of online intermediation services shall enable the transfer of reputation systems such as rankings and reviews of their business users and be held liable for damages if a supplier suffers a reputational loss as a consequence of insufficient data security.

Amendment 527 #

Proposal for a regulation
Article 8

Restrictions to offer different conditions 1. services, providers of online intermediation services restrict the ability of business users to offer the same goods and services to consumers under different conditions through other means than through those services, they shall include grounds for that restriction in their terms and conditions and make those grounds easily available to the public. Those grounds shall include the main economic, commercial or legal considerations for those restrictions. 2. paragraph 1 shall not affect any prohibitions or limitations in respect of the imposition of such restrictions that result from the application of other Union rules or from national rules that are in accordance with Union law and to which the providers of the online intermediation services are subject.Article 8 deleted through other means Where, in the provision of their The obligation set out in

Amendment 528 #

Lucy ANDERSON, Virginie ROZIÈRE, Olga SEHNALOVÁ

Proposal for a regulation
Article 8 – paragraph 1

Amendment 529 #

Proposal for a regulation
Article 8 – paragraph 1

Amendment 530 #

Róża THUN UND HOHENSTEIN, Maria GRAPINI, Othmar KARAS, Paul RÜBIG

Proposal for a regulation
Article 8 – paragraph 1

1. ~~Where, in the provision of their services, p~~Providers of online intermediation services shall not restrict the ability of business users to offer ~~the same goods and services to consumers under different conditions through other means than through those services, they shall include grounds for that restriction~~ different conditions to consumers for obtaining the~~ir terms and conditions and make those grounds easily available to the public. Those grounds shall include the main economic, commercial or legal considerations for those restriction~~ goods and services at issue through other means than those services.

Amendment 531 #

Nicola DANTI, Sergio Gaetano COFFERATI, Virginie ROZIÈRE, Lucy ANDERSON, Pina PICIERNO, Sergio GUTIÉRREZ PRIETO, Marlene MIZZI

Proposal for a regulation
Article 8 – paragraph 1

1. ~~Where, in the provision of their services, p~~Providers of online intermediation services shall not restrict the ability of business users to offer ~~the same goods and services to consumers under different conditions through other means than through those services, they shall include grounds for that restriction~~ different conditions to consumers for obtaining the~~ir terms and conditions and make those grounds easily available to the public. Those ground~~ goods and services at issue through other means stha~~ll include the main economic, commercial or legal considerations for those restriction~~n the abovementioned intermediation services.

Amendment 532 #

Proposal for a regulation
Article 8 – paragraph 1

1. ~~Where, in the provision of their services, p~~Providers of online intermediation services shall not restrict the ability of business users to offer the same goods and services to consumers under different conditions through other means than through those services, they shall include grounds for that restriction in their terms and conditions and make those grounds easily available to the public. Those grounds shall include the main economic, commercial or legal considerations for those restrictions.

Amendment 533 #

Proposal for a regulation
Article 8 – paragraph 1

1. ~~Where, i~~In the provision of their services, providers of online intermediation services and online search engines may not restrict the ability of business users to offer the same goods and services to consumers under different conditions through other means than through those services, they shall include grounds for that restriction in their terms and conditions and make those grounds easily available to the public. Those grounds shall include the main economic, commercial or legal considerations for those restrictions.

Amendment 534 #

Proposal for a regulation
Article 8 – paragraph 1

1. Providers of online intermediation services shall not restrict the ability of business users to offer the same goods and services to consumers under different or the same conditions through other online intermediation services. Where, in the provision of their services, providers of online intermediation services restrict the ability of business users to offer the same goods and services to consumers under different conditions through other means than through those services, they shall include grounds for that restriction in their terms and conditions and make those grounds easily available to the public. Those grounds shall include the main economic, commercial or legal considerations for those restrictions.

Amendment 535 #

Proposal for a regulation
Article 8 – paragraph 1

1. Where, in the provision of their services, providers of online intermediation services or providers of operating systems restrict the ability of business users to offer the same goods and services to consumers under different conditions through other means than through those services, they shall include grounds for that restriction in their terms and conditions and make those grounds easily available to the public. Those grounds shall include the main economic, commercial or legal considerations for those restrictions.

Amendment 536 #

Philippe JUVIN, Carlos COELHO, Andreas SCHWAB, Sabine VERHEYEN, Pascal ARIMONT

Proposal for a regulation
Article 8 – paragraph 1

Amendment 537 #

Proposal for a regulation
Article 8 – paragraph 1

Amendment 538 #

Nicola DANTI, Sergio Gaetano COFFERATI, Virginie ROZIÈRE, Pina PICIERNO, Marlene MIZZI

Proposal for a regulation
Article 8 – paragraph 1

1. Where, in the provision of their services, providers of online intermediation services restrict the ability of business users to offer the same goods and services to consumers under different conditions through other means than through those services, they restriction shall be objectively justified, non-discriminatory and fair. Providers of online intermediation services shall include grounds for that restriction in their terms and conditions and make those grounds easily available to the public. Those grounds shall include the main economic, commercial or legal considerations for those restrictions.

Amendment 539 #

Lucy ANDERSON, Virginie ROZIÈRE, Arndt KOHN, Liisa JAAKONSAARI, Olga SEHNALOVÁ, Marlene MIZZI

Proposal for a regulation
Article 8 – paragraph 1 a (new)

1a. Providers of online intermediation services shall provide, at the request of the business user, full disclosure of all platforms and websites which are owned and operated by the intermediary where a business user's products or services are listed.

Amendment 540 #

Liisa JAAKONSAARI

Proposal for a regulation
Article 8 – paragraph 1 a (new)

1a. Restrictions imposed by online intermediation services on business users to offer different conditions through other means must be transparent, fair and proportionate or will be considered null and void.

Amendment 541 #

Proposal for a regulation
Article 8 – paragraph 2

Amendment 542 #

Lucy ANDERSON, Virginie ROZIÈRE, Olga SEHNALOVÁ

Proposal for a regulation
Article 8 – paragraph 2

Amendment 543 #

Proposal for a regulation
Article 8 – paragraph 2

Amendment 544 #

Proposal for a regulation
Article 8 – paragraph 2

Amendment 545 #

Róża THUN UND HOHENSTEIN, Maria GRAPINI, Othmar KARAS, Paul RÜBIG

Proposal for a regulation
Article 8 – paragraph 2

2. The obligation set out in paragraph 1 shall not affect any prohibitions or limitations in respect of the imposition of such restrictions that result from the application of other Union rules or from national rules that are in accordance with Union law and to which the providers of the online intermediation services are subjecterms and conditions, or specific provisions therein, where relevant, which would restrict the ability to offer different conditions shall be null and void to the extent that these do not comply with the provisions of paragraph 1.

Amendment 546 #

Proposal for a regulation
Article 8 – paragraph 2

2. T~~he obligation set out in paragraph 1 shall not affect any prohibitions or limitations in respect of the imposition of such restrictions that result from the app~~erms and conditions, or specific provisions therein, imposing oblicgation ~~of other Union rules or from national rules that are in accordance with Union law and to which~~s on business users to act in violation of the provi~~der~~sions of ~~the online intermediation services are subject~~paragraph (1) shall be null and void.

Amendment 547 #

Proposal for a regulation
Article 8 – paragraph 2 a (new)

2a. Providers of online intermediation services shall not oblige business users to surrender their intellectual property rights in part or in full.

Amendment 548 #

Philippe JUVIN, Carlos COELHO, Andreas SCHWAB, Sabine VERHEYEN, Lara COMI

Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1

Providers of online intermediation services ~~shall provide for an~~providers of online search engines, and providers of operating systems shall provide for a transparent and non- discriminatory internal system for handling the complaints of business users.

Amendment 549 #

Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1

Providers of online intermediation services, providers of online search engines, and providers of operating systems shall provide for an internal system for handling the complaints of business users.

Amendment 550 #

Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1

Providers of online intermediation services and online search engines shall provide for an internal system for handling the complaints of business users.

Amendment 551 #

Sergio GUTIÉRREZ PRIETO, Virginie ROZIÈRE, Lucy ANDERSON, Arndt KOHN, Marlene MIZZI

Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1

Providers of online intermediation services shall provide for an internal system for handling the complaints of registered business users of an online intermediation service.

Amendment 552 #

Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1

Providers of online intermediation services shall provide for an internal system for handling, in a transparent manner, the complaints of business users.

Amendment 553 #

Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1

Providers of online intermediation services shall provide for an internal system for handling the complaints of business users. The decision taken by the online intermediation services provider that is the subject of the complaint shall remain in force for the duration of the internal decision-making process.

Amendment 554 #

Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 a (new)

The internal complaint-handling system shall be based on principles of equal treatment and its use shall not lead to any detrimental treatment of the business user.

Amendment 555 #

Dita CHARANZOVÁ, Jasenko SELIMOVIC, Morten LØKKEGAARD

That internal complaint-handling system shall be easily accessible and free of charge for business users. It shall allow them to lodge complaints directly with the provider concerned regarding any of the following issues:

Amendment 556 #

Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 2 – introductory part

That internal complaint-handling system shall be easily accessible for business users and ensure handling within a reasonable timeframe. It shall allow them to lodge complaints directly with the provider concerned regarding any of the following issues:

Amendment 557 #

Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 2 – point a

(a) alleged non-compliance by that provider with any legal obligations laid down in this Regulation which ~~negatively affects~~has an impact on the complainant;

Amendment 558 #

Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 2 – point b

(b) technological issues which relate directly to the provision of online intermediation services, and ~~which negatively affect the complainant in a non-negligible man~~online search enginers;

Amendment 559 #

Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 2 – point b

(b) technological issues which relate directly to the provision of online intermediation services, and which negatively affect the complainant ~~in a non- negligible manner~~;

Amendment 560 #

Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 2 – point c

(c) measures taken by, or behaviour of, that provider which relate directly to the provision of the online intermediation services~~, and which negatively affect the complainant in a non-negligible manner~~.

Amendment 561 #

Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 2 – point c

(c) measures taken by, or behaviour of, that provider which relate directly to the provision of the online intermediation services, and which negatively affect the complainant ~~in a non-negligible manner~~.

Amendment 562 #

Philippe JUVIN, Carlos COELHO, Andreas SCHWAB, Sabine VERHEYEN, Pascal ARIMONT, Lara COMI

Proposal for a regulation
Article 9 – paragraph 2 – introductory part

2. As part of their internal complaint- handling system, providers of online intermediation services, providers of online search engines, and providers of operating systems shall:

Amendment 563 #

Proposal for a regulation
Article 9 – paragraph 2 – introductory part

2. As part of their internal complaint- handling system, providers of online intermediation services, providers of online search engines, and providers of operating systems shall:

Amendment 564 #

Proposal for a regulation
Article 9 – paragraph 2 – introductory part

2. As part of their internal complaint- handling system, providers of online intermediation services and online search engines shall:

Amendment 565 #

Liisa JAAKONSAARI, Lucy ANDERSON

(b) process complaints swiftly and effectively, taking into account the importance and complexity of the issue raised and providing in all instances, within 15 days, an initial reply stating in particular how long it will take to process the complaint concerned;

Amendment 566 #

Proposal for a regulation
Article 9 – paragraph 2 – point b

(b) process complaints swiftly and effectively, taking into account the importance and complexity of the issue raised, but in any case, providing a first response within 15 days;

Amendment 567 #

Proposal for a regulation
Article 9 – paragraph 2 – point b

(b) process complaints swiftly and effectively, in maximum 30 days, taking into account the importance and complexity of the issue raised;

Amendment 568 #

Dita CHARANZOVÁ, Jasenko SELIMOVIC, Morten LØKKEGAARD

Proposal for a regulation
Article 9 – paragraph 2 – point c

(c) communicate to the complainant the outcome of the internal complaint- handling process~~, in an individualised manner and drafted in clear and unambiguous~~ in clear language.

Amendment 569 #

Proposal for a regulation
Article 9 – paragraph 2 – point c

(c) communicate to the complainant the outcome of the internal complaint- handling process, in an individualised manner and drafted in ~~clear and unambiguous~~plain and intelligible language.

Amendment 570 #

Proposal for a regulation
Article 9 – paragraph 2 – point c

(c) communicate to the complainant the outcome of the internal complaint- handling process, in an individualised manner and drafted in ~~clear and unambiguous~~plain and intelligible language.

Amendment 571 #

Proposal for a regulation
Article 9 – paragraph 2 – point c

(c) communicate to the complainant the outcome of the internal complaint- handling process, in an individualised manner and drafted in clear and unambiguous language, and involving external independent expertise, whenever relevant.

Amendment 572 #

Proposal for a regulation
Article 9 – paragraph 3

3. Providers of online intermediation services, providers of online search engines, and providers of operating systems shall include in their terms and conditions all relevant information relating to the access to and functioning of their internal complaint-handling system.

Amendment 573 #

Philippe JUVIN, Carlos COELHO, Andreas SCHWAB, Sabine VERHEYEN, Pascal ARIMONT, Lara COMI

Proposal for a regulation
Article 9 – paragraph 3

Amendment 574 #

Proposal for a regulation
Article 9 – paragraph 3

3. Providers of online intermediation services and online search engines shall include in their terms and conditions all relevant information relating to the access to and functioning of their internal complaint-handling system.

Amendment 575 #

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1

Providers of online intermediation services shall annually establish and make easily available to the public information on the functioning and effectiveness of their internal complaint- handling system.deleted

Amendment 576 #

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1

Amendment 577 #

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1

Amendment 578 #

Dita CHARANZOVÁ, Morten LØKKEGAARD

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1

Providers of online intermediation services shall ~~annually establish and make easily available to the public information on the functioning and effectiveness of their internal complaint-handling system.~~provide an easily available description of the main types of problems businesses may face when using the online intermediation service. That information shall include the total number of complaints lodged, the main types of complaints and the average time period needed to process the complaints. Providers of online intermediation services shall, when complying with the requirements of this paragraph, not be required to disclose any trade secrets as defined in Article 2(1) of Directive (EU) 2016/943 or any information where a legal or confidentiality obligation, does not allow them to do so or any information that may lead to consumer harm

Amendment 579 #

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1

Providers of online intermediation services shall ~~annually establish and make easily available to the public information on the functioning and effectiveness of~~regularly review their internal complaint-handling system.

Amendment 580 #

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1

Providers of online intermediation services shall ~~annually establish and make~~include in documentation easily available to ~~the public~~business users information on the functioning and effectiveness of their internal complaint-handling system.

Amendment 581 #

Philippe JUVIN, Carlos COELHO, Andreas SCHWAB, Sabine VERHEYEN, Pascal ARIMONT, Lara COMI

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1

Providers of online intermediation services, providers of online search engines, and providers of operating systems shall annually establish and make easily available to the public information on the functioning and effectiveness of their internal complaint-handling system.

Amendment 582 #

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1

Amendment 583 #

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1

Providers of online intermediation services and online search engines shall annually establish and make easily available to the public information on the functioning and effectiveness of their internal complaint- handling system.

Amendment 584 #

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2

Amendment 585 #

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2

Amendment 586 #

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2

Amendment 587 #

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2

That information shall include the total number of complaints lodged, the subject- matter of the complaints, the time period needed to process the complaints and the decision taken on the complaints.deleted

Amendment 588 #

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2

That information shall include the total number of complaints lodged, the ~~subject- matter of the~~main types of complaints, the average time period needed to process the complaints and the decision taken on the complaints, whilst protecting the privacy of the business users involved.

Amendment 589 #

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2

That information shall include the total number of complaints lodged, the subject- matter of the complaints, the time period needed to process the complaints and the ~~decision taken~~level of user satisfaction following the processing onf the complaints lodged.

Amendment 590 #

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2

That information shall include the total number of complaints lodged, types of problems faced by business users, the subject- matter of the complaints, the time period needed to process the complaints and the decision taken on the complaints.

Amendment 591 #

Philippe JUVIN, Andreas SCHWAB, Sabine VERHEYEN, Lara COMI

Proposal for a regulation
Article 9 – paragraph 5

5. The provisions of this Article shall not apply to providers of online intermediation services ~~that are small enterprises within th~~, providers of online mseaning of Article 2 (2) of the Annex to Recommendation 2003/361/EC29 . _________________ 29 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5/2003, p. 36)rch engines, and providers of operating systems that reach less than 5 million unique visitors a month.

Amendment 592 #

Proposal for a regulation
Article 9 – paragraph 5

5. The provisions of this Article shall not apply to providers of online intermediation services, providers of online search engines, and providers of operating systems that are small enterprises within the meaning of Article 2 (2) of the Annex to Recommendation 2003/361/EC29 . _________________ 29 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5/2003, p. 36).

Amendment 593 #

Proposal for a regulation
Article 9 – paragraph 5

5. The provisions of this Article shall not apply to providers of online intermediation services and online search engines that are small enterprises within the meaning of Article 2 (2) of the Annex to Recommendation 2003/361/EC29. _________________ 29 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p36).

Amendment 594 #

Proposal for a regulation
Article 9 – paragraph 5

5. The provisions of this Article shall not apply to providers of online intermediation services ~~that are small enterprises within th~~and to providers of online msea~~ning of Article 2 (2) of the An~~rch enginex to Recommendation 2003/361/EC29 . _________________ 29 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5/2003, p. 36)hat reach less than five millions unique visitors a month.

Amendment 595 #

Philippe JUVIN, Carlos COELHO, Andreas SCHWAB, Sabine VERHEYEN, Lara COMI

Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 1 (new)

Any attempt to reach an agreement through the internal complaint-handling system in accordance with this article shall not affect the rights of the providers of the online intermediation services and of the business users concerned to initiate judicial proceedings at any time during or after the process.

Amendment 596 #

Proposal for a regulation
Article 9 – paragraph 5 a (new)

5a. The obligations set out in paragraph 2 shall not apply to complaints brought by business users reasonably determined by the relevant online intermediation service provider as being abusive, spurious or vexatious.

Amendment 597 #

Proposal for a regulation
Article 9 – paragraph 5 a (new)

5a. Within six months of the entry into force of this Regulation, the Commission shall develop guidelines to facilitate the implementation of the internal system for the handling of complaints by small businesses.

Amendment 598 #

Proposal for a regulation
Article 9 – paragraph 5 a (new)

5a. The decision which led to the complaint shall remain in force for the duration of internal decision-making process.

Amendment 599 #

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1

Providers of online intermediation services shall ~~identify~~state in their terms and conditions ~~one or more mediators with which they are willing to engage~~whether they are willing to make use of mediation in order to attempt to reach an agreement with business users on the settlement, out of court, of any disputes between the provider and the business user arising in relation to the provision of the online intermediation services concerned, including complaints that could not be resolved by means of the internal complaint-handling system referred to in Article 9. Providers of online intermediation services that are willing to make use of mediation shall identify in their terms and conditions one or more mediators with which they are willing to engage.

Amendment 60 #

Sergio GUTIÉRREZ PRIETO

Proposal for a regulation
Recital 1

(1) Online intermediation services are key enablers of entrepreneurship, trade and innovation~~, which can also improve~~. New technologies and their evolution have created new opportunities and business models, alternative to the traditional ones, boosting consumer welfare and which are increasingly used by both the private and public sectors. They offer access to new markets and commercial opportunities allowing undertakings to exploit the benefits of the internal market. They also allow consumers in the Union to exploit those benefits, in particular by increasing their choice of goods and services offered online. Although they also create uncertainty in social and economic agents about their fiscal and labour responsibilities before the consumer, due to certain grey areas in legislation that we must clarify.

Amendment 600 #

Providers of online intermediation services ~~shall~~may identify in their terms and conditions one or more mediators with which they are willing to engage to attempt to reach an agreement with business users on the settlement, out of court, of ~~any~~ disputes between the provider and the business user arising in relation to the provision of the online intermediation services concerned~~, including complaints~~ that could not be resolved by means of the internal complaint-handling system referred to in Article 9.

Amendment 601 #

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1

Providers of online intermediation services ~~shall~~may identify in their terms and conditions one or more mediators with which they are willing to engage to attempt to reach an agreement with business users on the settlement, out of court, of any disputes between the provider and the business user arising in relation to the provision of the online intermediation services concerned, ~~including complaints~~ that could not be resolved by means of the internal complaint-handling system referred to in Article 9.

Amendment 602 #

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1

Providers of online intermediation services ~~shall~~may identify in their terms and conditions one or more mediators with which they are willing to engage to attempt to reach an agreement with business users on the settlement, out of court, of any disputes between the provider and the business user arising in relation to the provision of the online intermediation services concerned, including complaints that could not be resolved by means of the internal complaint-handling system referred to in Article 9.

Amendment 603 #

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1

Providers of online intermediation services shall identify in their terms and conditions one or more mediators with which they are willing to engage to attempt to reach an agreement with business users on the settlement, out of court, of ~~any~~ disputes between the provider and the business user arising in relation to the provision of the online intermediation services concerned, in~~cluding complaints that~~ cases in which such disputes could not be resolved by means of the internal complaint-handling system referred to in Article 9.

Amendment 604 #

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1

Providers of online intermediation services shall identify in their terms and conditions one or more mediators with which they are willing to engage to attempt to reach an agreement with business users on the settlement, out of court, of ~~any~~ disputes between the provider and the business user arising in relation to the provision of the online intermediation services concerned, ~~including complaints that~~which could not be resolved by means of the internal complaint-handling system referred to in Article 9.

Amendment 605 #

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1

Providers of online intermediation services shall identify in their terms and conditions one or more mediators with which they are willing to engage to attempt to reach an agreement with business users who are small enterprises within the meaning of Article 2 (2) of the Annex to recommendation 2003/361/EC on the settlement, out of court, of ~~any~~ disputes between the provider and the business user arising in relation to the provision of the online intermediation services concerned~~, including complaints that~~ which, could not be resolved by means of the internal complaint-handling system referred to in Article 9.

Amendment 606 #

Philippe JUVIN, Carlos COELHO, Andreas SCHWAB, Sabine VERHEYEN, Pascal ARIMONT, Lara COMI

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1

Providers of online intermediation services, providers of online search engines, and providers of operating systems shall identify in their terms and conditions one or more mediators with which they are willing to engage to attempt to reach an agreement with business users on the settlement, out of court, of any disputes between the provider and the business user arising in relation to the provision of the online intermediation services concerned, including complaints that could not be resolved by means of the internal complaint-handling system referred to in Article 9.

Amendment 607 #

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1

Amendment 608 #

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1

Providers of online intermediation services and online search engines shall identify in their terms and conditions one or more mediators with which they are willing to engage to attempt to reach an agreement with business users on the settlement, out of court, of any disputes between the provider and the business user arising in relation to the provision of the online intermediation services or online search engines concerned, including complaints that could not be resolved by means of the internal complaint-handling system referred to in Article 9.

Amendment 609 #

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2

Providers of online intermediation services ~~may~~and onlyine search engines may not identify mediators providing their mediation services from a location outside the Union where it is ensured that the business users concerned are not effectively deprived of the benefit of any legal safeguards laid down in Union law or the law of the Member States as a consequence of the mediators providing those services from outside the Union.

Amendment 61 #

Proposal for a regulation
Recital 1

(1) Online intermediation services are key enablers of entrepreneurship, trade and innovation, which can also improve consumer welfare and which are increasingly used by both the private and public sectors. They offer access to new markets and commercial opportunities allowing undertakings to exploit the benefits of the internal market. They also allow consumers in the Union to exploit those benefits, in particular by increasing their choice of goods and services ~~offered~~as well as by offering competitive pricing online.

Amendment 610 #

Philippe JUVIN, Carlos COELHO, Lara COMI

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2

Providers of online intermediation services, providers of online search engines, and providers of operating systems may only identify mediators providing their mediation services from a location outside the Union where it is ensured that the business users concerned are not effectively deprived of the benefit of any legal safeguards laid down in Union law or the law of the Member States as a consequence of the mediators providing those services from outside the Union.

Amendment 611 #

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2

Amendment 612 #

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2 a (new)

The decision taken by the online intermediation services provider at the source of the dispute between the latter and the business user shall remain in force for the duration of the mediation process.

Amendment 613 #

Proposal for a regulation
Article 10 – paragraph 2 – point b

(b) their mediation services are affordable for an average business user of the online intermediation services , providers of online search engines, and providers of operating systems concerned;

Amendment 614 #

Philippe JUVIN, Carlos COELHO, Andreas SCHWAB, Sabine VERHEYEN, Pascal ARIMONT, Lara COMI

Proposal for a regulation
Article 10 – paragraph 2 – point b

(b) their mediation services are affordable for an average business user of the online intermediation services, the online search engines, and the operating systems concerned;

Amendment 615 #

Philippe JUVIN, Carlos COELHO, Andreas SCHWAB, Sabine VERHEYEN, Pascal ARIMONT, Lara COMI

Proposal for a regulation
Article 10 – paragraph 2 – point c

(c) they are capable of providing their mediation services in the language of the terms and conditions which govern the contractual relationship between the provider of online intermediation services, the provider of online search engines, or the provider of operating systems and the business user concerned;

Amendment 616 #

Proposal for a regulation
Article 10 – paragraph 2 – point c

(c) they are capable of providing their mediation services in the language of the terms and conditions which govern the contractual relationship between the provider of online intermediation services, providers of online search engines, and providers of operating systems and the business user concerned;

Amendment 617 #

Philippe JUVIN, Carlos COELHO, Andreas SCHWAB, Sabine VERHEYEN, Pascal ARIMONT, Lara COMI

Proposal for a regulation
Article 10 – paragraph 3

3. Providers of online intermediation services, providers of online search engines, and providers of operating systems shall engage in good faith in any attempt to reach an agreement through the mediation of any of the mediators which they identified in accordance with paragraph 1, with a view to reaching an agreement on the settlement of the dispute.

Amendment 618 #

Proposal for a regulation
Article 10 – paragraph 3

Amendment 619 #

Proposal for a regulation
Article 10 – paragraph 3

3. Providers of online intermediation services and online search engines and business users shall engage in good faith in any attempt to reach an agreement through the mediation of any of the mediators which they identified in accordance with paragraph 1, with a view to reaching an agreement on the settlement of the dispute.

Amendment 62 #

Proposal for a regulation
Recital 2

(2) Online intermediation services can be crucial for the commercial success of undertakings who use such services to reach consumers. The growing intermediation of transactions through online intermediation services, fuelled by strong data-driven indirect network effects, lead to an increased ~~dependence of such~~usage by business users, including micro, small and medium-sized enterprises, onf those services in order for them to reach consumers. Given that increasing ~~dependen~~interaction and the scalability of online services, the providers of those services ~~often have~~can have superior bargaining power, depending on the nature of their services, the sector to which they belong and the availability of alternatives. If this superior bargaining power~~, which~~ is misused, it can enables them to effectively behave unilaterally in a way that can be unfair and that can be harmful to the legitimate interests of their businesses users and, indirectly, also of consumers in the Union.

Amendment 620 #

Maria GRAPINI, Lucy ANDERSON, Marlene MIZZI

Proposal for a regulation
Article 10 – paragraph 3

Amendment 621 #

Proposal for a regulation
Article 10 – paragraph 3

Amendment 622 #

Proposal for a regulation
Article 10 – paragraph 3

Amendment 623 #

Proposal for a regulation
Article 10 – paragraph 3

Amendment 624 #

Proposal for a regulation
Article 10 – paragraph 3

Amendment 625 #

Dita CHARANZOVÁ, Morten LØKKEGAARD

Proposal for a regulation
Article 10 – paragraph 3

Amendment 626 #

Proposal for a regulation
Article 10 – paragraph 3

Amendment 627 #

Proposal for a regulation
Article 10 – paragraph 3 a (new)

3a. Where an online intermediation services believes, based on evidence, that a business user is requesting mediation in bad faith, it may refuse to enter into mediator.

Amendment 628 #

Proposal for a regulation
Article 10 – paragraph 4

Amendment 629 #

Proposal for a regulation
Article 10 – paragraph 4

Amendment 63 #

Proposal for a regulation
Recital 2

(2) Online intermediation services can be ~~crucial~~an important element for the commercial success of undertakings who use such services to reach consumers. The growing intermediation of transactions through online intermediation services, fuelled by strong data-driven indirect network effects, lead to an increased dependence of such business users, including micro, small and medium-sized enterprises, as well as large traditional business users on those services in order for them to reach consumers. Given that increasing interdependence, the providers of those services ~~often~~may have superior bargaining power, which enables them to effectively behave unilaterally in a way that can be unfair and ~~that can be~~ harmful to the legitimate interests of their businesses users or smaller providers of online intermediation services and, indirectly, also of consumers in the Union.

Amendment 630 #

Proposal for a regulation
Article 10 – paragraph 4

Amendment 631 #

Proposal for a regulation
Article 10 – paragraph 4

4. Providers of online intermediation and business users services shall each bear a reasonable proportion of the total costs of mediation in each individual case. A reasonable proportion of those total costs shall be determined, on the basis of a suggestion by the mediator, by taking into account all relevant elements of the case at hand, in particular the relative merits of the claims of the parties to the dispute, the conduct of the parties, as well as the size and financial strength of the parties relative to one another. ~~However, providers of online intermediation services shall in any case bear at least half of the total cost.~~

Amendment 632 #

Proposal for a regulation
Article 10 – paragraph 4

4. Providers of online intermediation services ~~shall~~and business users shall each bear a reasonable proportion of the total costs of mediation in each individual case. A reasonable proportion of those total costs shall be determined, on the basis of a suggestion by the mediator, by taking into account all relevant elements of the case at hand, in particular the relative merits of the claims of the parties to the dispute, the conduct of the parties, as well as the size and financial strength of the parties relative to one another. ~~However, providers of online intermediation services shall in any case bear at least half of the total cost.~~

Amendment 633 #

Philippe JUVIN, Carlos COELHO, Andreas SCHWAB, Sabine VERHEYEN, Pascal ARIMONT, Lara COMI

Proposal for a regulation
Article 10 – paragraph 4

4. Providers of online intermediation services , providers of online search engines, and providers of operating systems shall bear a reasonable proportion of the total costs of mediation in each individual case. A reasonable proportion of those total costs shall be determined, on the basis of a suggestion by the mediator, by taking into account all relevant elements of the case at hand, in particular the relative merits of the claims of the parties to the dispute, the conduct of the parties, as well as the size and financial strength of the parties relative to one another. However, providers of online intermediation services, providers of online search engines, and providers of operating systems shall in any case bear at least half of the total cost.

Amendment 634 #

Proposal for a regulation
Article 10 – paragraph 4

4. Providers of online intermediation services, providers of online search engines, and providers of operating systems shall bear a reasonable proportion of the total costs of mediation in each individual case. A reasonable proportion of those total costs shall be determined, on the basis of a suggestion by the mediator, by taking into account all relevant elements of the case at hand, in particular the relative merits of the claims of the parties to the dispute, the conduct of the parties, as well as the size and financial strength of the parties relative to one another. However, providers of online intermediation services, providers of online search engines, and providers of operating systems shall in any case bear at least half of the total cost.

Amendment 635 #

Proposal for a regulation
Article 10 – paragraph 4

4. Providers of online intermediation services and online search engines shall bear a reasonable proportion of the total costs of mediation in each individual case, except where it has been shown that a business user has failed to act in good faith. A reasonable proportion of those total costs shall be determined, on the basis of a suggestion by the mediator, by taking into account all relevant elements of the case at hand, in particular the relative merits of the claims of the parties to the dispute, the conduct of the parties, as well as the size and financial strength of the parties relative to one another. However, providers of online intermediation services shall in any case bear at least half of the total cost.

Amendment 636 #

Proposal for a regulation
Article 10 – paragraph 4

4. Providers of online intermediation services shall bear a reasonable proportion of the total costs of mediation in each individual case. A reasonable proportion of those total costs shall be determined, on the basis of a suggestion by the mediator, by taking into account all relevant elements of the case at hand, in particular the relative merits of the claims of the parties to the dispute, the conduct of the parties, as well as the size and financial strength of the parties relative to one another. However, providers of online intermediation services shall in any case bear at least half of the total cost, except when a business user does not act in good faith in an attempt to reach a resolution to the case or brings a case without merit.

Amendment 637 #

Philippe JUVIN, Antanas GUOGA, Sabine VERHEYEN, Eva MAYDELL

Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 1 (new)

Should the mediator find that the business user is acting in bad faith or is seeking to abuse the mediation process, it can decide to make the business user bear more than half of the total cost.

Amendment 638 #

Proposal for a regulation
Article 10 – paragraph 4 a (new)

4a. The obligation set out in paragraph 1 shall not apply to providers of online intermediation services that are small enterprises within the meaning of Article 2(2) of the Annex to Recommendation 2003/361/EC.

Amendment 639 #

Sergio GUTIÉRREZ PRIETO, Marlene MIZZI

Proposal for a regulation
Article 10 – paragraph 5

5. Any attempt to reach an agreement through mediation on the settlement of a dispute in accordance with this Article shall not affect the rights of the providers of the online intermediation services, online search engines or operating systems and of the business users concerned to initiate judicial proceedings at any time during or after the mediation process.

Amendment 64 #

Proposal for a regulation
Recital 2

(2) Online intermediation services can be crucial for the commercial success of undertakings who use such services to reach consumers. TConsidering the new economic context and digitalization of all facets of economy and society, the growing intermediation of transactions through online intermediation services, fuelled by strong data-driven indirect network effects, lead to an increased dependence of such business users, including micro, small and medium-sized enterprises, on those services in order for them to reach consumers. Given that increasing dependence, the providers of those services often have superior bargaining power, which enables them to effectively behave unilaterally in a way that can be unfair and that can be harmful to the legitimate interests of their businesses users and, indirectly, also of consumers in the Union.

Amendment 640 #

Philippe JUVIN, Carlos COELHO, Andreas SCHWAB, Sabine VERHEYEN, Pascal ARIMONT, Lara COMI

Proposal for a regulation
Article 10 – paragraph 5

5. Any attempt to reach an agreement through mediation on the settlement of a dispute in accordance with this Article shall not affect the rights of the providers of the online intermediation services, online search engine, or operating systems and of the business users concerned to initiate judicial proceedings at any time during or after the mediation process.

Amendment 641 #

Proposal for a regulation
Article 10 – paragraph 5

5. Any attempt to reach an agreement through mediation on the settlement of a dispute in accordance with this Article shall not affect the rights of the providers of the online intermediation services and online search engines and of the business users concerned to initiate judicial proceedings at any time during or after the mediation process.

Amendment 642 #

Proposal for a regulation
Article 10 – paragraph 5

5. Any attempt to reach an agreement through mediation on the settlement of a dispute in accordance with this Article shall not affect the rights of the providers of the online intermediation services and of the business users concerned to initiate judicial proceedings at any time before. during or after the mediation process. Initiation of judicial proceedings is not conditional on the initiation of a mediation process.

Amendment 643 #

Proposal for a regulation
Article 10 – paragraph 5

5. Any attempt to reach an agreement through mediation on the settlement of a dispute in accordance with this Article shall not affect the rights of the providers of the online intermediation services and of the business users concerned to initiate judicial proceedings at any time during or after the mediation process. Initiation of judicial proceedings is not conditional on the initiation of a mediation process.

Amendment 644 #

Proposal for a regulation
Article 10 – paragraph 5 – subparagraph 1 (new)

6. Providers of online intermediation services, providers of online search engines, and providers of operating systems shall annually establish a report with information on the functioning and effectiveness of mediation; it should at least include information on the number of mediation cases, the subject matter of the complaints, the time period needed to proceed those complaints and the decision taken.

Amendment 645 #

Lucy ANDERSON, Virginie ROZIÈRE, Maria GRAPINI, Liisa JAAKONSAARI, Christel SCHALDEMOSE, Olga SEHNALOVÁ, Marlene MIZZI

Proposal for a regulation
Article 10 – paragraph 5 a (new)

5a. Providers of online intermediation services shall annually report in a manner that is easy to access and to understand for the general public and the business users concerned, the information on the functioning and effectiveness of mediation related to their activities. This information shall include the total number of mediation cases, the subject- matter of the complaints, the time period needed to process the complaints and the decisions taken on the complaints.

Amendment 646 #

Proposal for a regulation
Article 10 – paragraph 5 a (new)

5a. Providers of online intermediation services shall publish information annually to the general public in an easily accessible format specifying the number of cases undertaken, the nature of the complaints, and the results of those complaints.

Amendment 647 #

Proposal for a regulation
Article 10 – paragraph 5 a (new)

5a. Providers of online services shall not be obliged to engage in mediation with any business user it reasonably determines is a repeat infringer, including any business user who has brought repeated unsuccessful mediation claims.

Amendment 648 #

Proposal for a regulation
Article 10 – paragraph 5 a (new)

5a. Providers of online intermediation services shall annually provide and make available to the general public information on the functioning and effectiveness of the mediation system which applies to their activities.

Amendment 649 #

Proposal for a regulation
Article 10 – paragraph 5 a (new)

5a. The provisions of this Article shall not apply to providers of online intermediation services that are small enterprises within the meaning of Article 2(2) of the Annex to Recommendation 2003/361/EC.

Amendment 65 #

Proposal for a regulation
Recital 2

(2) Online intermediation services can be crucial for the commercial success of undertakings who use such services to reach consumers. The growing intermediation of transactions through online intermediation services, fuelled by strong data-driven indirect network effects, lead to an increased dependence of such business users, including micro, small and medium-sized enterprises, on those services in order for them to reach consumers. Given that increasing dependence, the providers of those services often have superior bargaining power, which enables them to effectively behave unilaterally in a way that can be unfair and that can be harmful to the legitimate interests of their businesses users and, indirectly, also of consumers in the Union. It should thus be avoided that online intermediation services attain a dominant market position and undermine competition by using the power of network effects. It should also be avoided that by classifying workers as independent contractors, platforms may circumvent the requirements of labour law.

Amendment 650 #

Proposal for a regulation
Article 11 – paragraph 1

Amendment 651 #

Philippe JUVIN, Carlos COELHO, Andreas SCHWAB, Sabine VERHEYEN, Pascal ARIMONT, Lara COMI

Proposal for a regulation
Article 11 – paragraph 1

The Commission shall encourage providers of online intermediation services, providers of online search engines, and providers of operating systems as well as organisations and associations representing them to individually or jointly set up one or more organisations providing mediation services which meet the requirements specified in Article 10(2), for the specific purpose of facilitating the out-of-court settlement of disputes with business users arising in relation to the provision of those services, taking particular account of the cross- border nature of online intermediation services, online search engines, and operating systems.

Amendment 652 #

Proposal for a regulation
Article 11 – paragraph 1

Amendment 653 #

Proposal for a regulation
Article 11 – paragraph 1

The Commission shall encourage providers of online intermediation services and online search engines as well as organisations and associations representing them to individually or jointly set up one or more organisations providing mediation services which meet the requirements specified in Article 10(2), for the specific purpose of facilitating the out-of-court settlement of disputes with business users arising in relation to the provision of those services, taking particular account of the cross-border nature of online intermediation services. and online search engines.

Amendment 654 #

Proposal for a regulation
Article 12 – paragraph 1

1. ~~Organisa~~Member States shall ensure that representative actions can~~d associations that have a legitimate interest in~~ be brought by qualified entities designated, at their request, by the Member States in advance for this purpose and placed on a publicly available list. Entities designated by Member States to represent~~ing~~ business users or in representing corporate website users, as well as public bodies set up in Member States, shall have the right to take action before national courts in the Union, in accordance with the rules of the law of the Member State where the action is brought, to stop or prohibit any non-compliance by providers of online intermediation services or by providers of online search engines with the relevant requirements laid down in this Regulation.

Amendment 655 #

1. OAfter all the other options to settle a dispute between a platform and a business user provided for in this regulation in Article 9 and Article 10 have been exhausted, organisations and associations that have a genuine long- standing and legitimate interest in representing business users or in representing corporate website users and that are authorised and supervised by appropriate Member State public bodies, as well as public bodies set up in Member States, shall have the right to take action before national courts in the Union, in accordance with the rules of the law of the Member State where the action is brought, to stop or prohibit any non- compliance by providers of online intermediation services or by providers of online search engines with the relevant requirements laid down in this Regulation.

Amendment 656 #

Proposal for a regulation
Article 12 – paragraph 1

1. Organisations and associations qualified in advance under national collective redress mechanisms that have a legitimate interest in representing business users or in representing corporate website users, as well as public bodies set up in Member States, shall have the right to take action before national courts in the Union, in accordance with the rules of the law of the Member State where the action is brought, to stop or prohibit any non- compliance by providers of online intermediation services or by providers of online search engines with the relevant requirements laid down in this Regulation. Qualified organisations and associations shall be expressly appointed and authorised by a representative number of business users or corporate website users for each action.

Amendment 657 #

Philippe JUVIN, Carlos COELHO, Andreas SCHWAB, Sabine VERHEYEN, Pascal ARIMONT, Lara COMI

Proposal for a regulation
Article 12 – paragraph 1

1. Organisations and associations that have a legitimate interest in representing business users or in representing corporate website users, as well as public bodies set up in Member States, shall have the right to take action before national courts in the Union, in accordance with the rules of the law of the Member State where the action is brought, to stop or prohibit any non- compliance by providers of online intermediation services or by providers of online search engines or by providers of operating systems with the relevant requirements laid down in this Regulation.

Amendment 658 #

Proposal for a regulation
Article 12 – paragraph 1

Amendment 659 #

Proposal for a regulation
Article 12 – paragraph 1

1. OQualified organisations and associations that have a legitimate interest in representing business users or in representing corporate website users, as well as public bodies set up in Member States, shall have the right to take action before national courts in the Union, in accordance with the rules of the law of the Member State where the action is brought, to stop or prohibit any non- compliance by providers of online intermediation services or by providers of online search engines with the relevant requirements laid down in this Regulation.

Amendment 66 #

Proposal for a regulation
Recital 3

Amendment 660 #

Lucy ANDERSON, Virginie ROZIÈRE, Maria GRAPINI, Liisa JAAKONSAARI, Christel SCHALDEMOSE, Sergio GUTIÉRREZ PRIETO, Olga SEHNALOVÁ, Marlene MIZZI

Proposal for a regulation
Article 12 – paragraph 1 a (new)

1a. Qualified entities shall also have the right to bring representative actions for compensation, requiring providers of online intermediation services and online search engines to provide, inter alia, compensation, repair, replacement, removal, reduction of price, contract termination or reimbursement of the price paid, as the case may be, only and exclusively in respect of businesses employing fewer than 10 persons and whose annual turnover and/or annual balance sheet total does not exceed EUR 2 million.

Amendment 661 #

Proposal for a regulation
Article 12 – paragraph 1 a (new)

1a. Member States shall ensure that their relevant public bodies or other authorities set up a registry of unlawful acts which have been subject to injunction orders before national courts in order to provide a basis for best practice and information to other Member State public bodies or other authorities.

Amendment 662 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – introductory part

~~Organisations or associations shall have the right referred to in paragraph 1~~Member States shall designate a body as a qualified entity only where, at the time of bringing the action, it~~hey~~ meet ~~all of~~s the following ~~requirements~~criteria:

Amendment 663 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – introductory part

Organisations or associations shall have the right referred to in paragraph 1 only where~~, at the time of bringing the action,~~ they meet all of the following requirements:

Amendment 664 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – introductory part

Organisations or associations shall have the right referred to in paragraph 1 only where, at the time of bringing the action~~, they~~ and for the duration of the action, they continue to meet all of the following requirements:

Amendment 665 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – introductory part

Amendment 666 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – introductory part

Organisations or associations shall have the right referred to in paragraph 1 only where, at the time of bringing the action and while its duration, they meet all of the following requirements:

Amendment 667 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point a

(a) they are properly constituted and obtain relevant status according to the law of a Member State, which allows an organisation or an association to bring an action;

Amendment 668 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point a

(a) they are properly constituted according to the law of a Member State; and hold a current qualified entity licence issued by the relevant public body of that Member State.

Amendment 669 #

Sergio GUTIÉRREZ PRIETO, Lucy ANDERSON, Marlene MIZZI

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point a

(a) they are properly constituted according to the law of a Member State which allows them to bring a claim;

Amendment 67 #

Proposal for a regulation
Recital 3

Amendment 670 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point a

(a) ~~they are~~it is properly constituted according to the law of a Member State;

Amendment 671 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point b

(b) they pursue objectives that are in the collective interest of the group of a majority of business users or corporate website users that they represent;, and a majority of business users or corporate website users gave their explicit consent to bringing the action.

Amendment 672 #

(b) they pursue objectives that are in the collective interest of the group of a majority of business users or corporate website users that they represent, which group must consist of at least [10] independent business users or corporate website users;

Amendment 673 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point b

(b) it~~hey~~ pursues objectives that are in the collective interest of the group of business users or corporate website users that they represent;

Amendment 674 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point b

(b) they pursue objectives that are in the collective interest of the group of a majority of business users or corporate website users that they represent;

Amendment 675 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point b a (new)

(ba) they have no structural or financial interrelationship with a third person or organisation that financially benefits of the action by providing legal assistance or financial support;

Amendment 676 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point b a (new)

(ba) they represent small enterprises within the meaning of Article 2 (2) of the Annex to recommendation 2003/361/EC

Amendment 677 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point c

(c) they are of a non-profit making character. and are transparent about the source of funding for bringing and continuing the action and can demonstrate that they have sufficient financial resources to represent the best interests of their business or corporate website users and to meet any adverse costs should the action fail;

Amendment 678 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point c

(c) they are of a non-profit making character and transparent about the funding, which needs to be sufficient to bring an action and support consequential proceedings.

Amendment 679 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point c

Amendment 68 #

Proposal for a regulation
Recital 3 a (new)

(3a) In the same vein, operating system providers (including device manufacturers when they customise the operating system developed by a third party) now play a critical role as an intermediary between content providers and consumers. The main purpose of an operating system is to control the basic functions of a device and enable the user to make use of such a device and run application software on it. However, beyond the strict core functionalities of a device, operating systems are usually proposed with a set of accessory by- default application software in order to offer the consumer a turnkey device. This can shape deeply the choice of applications used by consumers later on since it can create a status quo bias. Moreover, operating systems also handle the way those applications can be run on the device (e.g. shutting down software application programs running in the background when they wear down the battery, managing the memory allocations for these software application programs, etc.). As such, operating systems also act as a key platform between application developers and consumers. As operating system providers are often vertically integrated with application developers, issues can arise notably regarding the possibility of a differentiated treatment between native and third-party applications; this differentiated treatment can for example be of a technical or a contractual nature. Increasing transparency would help prevent unfair commercial behaviours.

Amendment 680 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point c a (new)

(ca) the entity has the know-how, human and financial resources and ability to conduct the litigation in question efficiently and in the interests of the group they represent;

Amendment 681 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point c a (new)

(ca) They comply with all the codes of ethics and conduct of the public body issuing their license, and demonstrably act in accordance with the wider public interest;

Amendment 682 #

Antonio LÓPEZ-ISTÚRIZ WHITE

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point c a (new)

(ca) they comply with all codes of ethics and conduct of the public body issuing their licence, and demonstrably act in accordance with the wider public interest;

Amendment 683 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point c a (new)

(ca) the internal complaint-handling system provided in article 9 have been engaged and failed to terminate the dispute.

Amendment 684 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point c a (new)

(ca) it publishes in detail the provenance of the funds it receives and the representative actions that it pursues.

Amendment 685 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point c b (new)

(cb) the entity has clearly communicated any costs and risks to those business users or corporate website users before acting on their behalf and has obtained the consent of a majority of those users following a clear request to bring an action on their behalf;

Amendment 686 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point c c (new)

(cc) the entity has existed for at least 4 years before initiating a declaratory action

Amendment 687 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2

In Member States where such public bodies have been set up, those public bodies shall have the right referred to in paragraph 1,and shall be entitled to issue the required licence to an organisation or association, where they are charged with defending the collective interests of business users or corporate website users or with ensuring compliance with the requirements laid down in this Regulation, in accordance with the national law of the Member State concerned.

Amendment 688 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2 a (new)

Where a Member State public body issues a qualified entity licence to an organisation or association, that public body shall be responsible for regularly reviewing the status and conduct of that organisation or association to ensure that it is complying with the requirements of this Article. The Member State public body shall immediately revoke the qualified entity licence of any organisation or association found to not to be in compliance with the requirements of this Article.

Amendment 689 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2 a (new)

Member States shall regularly assess whether an organisation or an association continues to comply with the criteria set out in this paragraph. Member States shall ensure that the qualified entity loses its status under this Regulation if it no longer complies with one or more of the criteria listed in this Article.

Amendment 69 #

Philippe JUVIN, Andreas SCHWAB, Sabine VERHEYEN, Lara COMI, Pascal ARIMONT

Proposal for a regulation
Recital 3 a (new)

(3a) Operating system providers play also a crucial role as an intermediary between content providers and consumers. The main purpose of an operating system is to control the basic functions of a device and enable the user to make use of such a device and run application software on it. However, operating systems are usually proposed with a set of accessory by-default application software in order to offer the consumer a turnkey device. This can shape deeply the choice of applications used by consumers later on. Moreover, operating systems also handle the way those applications can be run on the device and act as a key platform between application developers and consumers. As operating system providers are often vertically integrated with application developers, issues can arise notably regarding the possibility of a differentiated treatment between native and third-party applications; Increasing transparency would help prevent unfair commercial behaviours.

Amendment 690 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2 a (new)

Compliance by a qualified entity with the criteria referred to in paragraph 2 shall be without prejudice to the right of the court or administrative authority to examine whether the purpose of the qualified entity justifies its taking action in a specific case.

Amendment 691 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2 b (new)

Member States shall assess on a regular basis whether a qualified entity continues to comply with these criteria. Member States shall ensure that the qualified entity loses its status under this Regulation if it no longer complies with one or more of the criteria listed in paragraph 2.

Amendment 692 #

Proposal for a regulation
Article 12 – paragraph 3

3. The right referred to in paragraph 1 shall be without prejudice to the rights of business users and corporate website users to individually take action before competent national courts, in accordance with the rules of the law of the Member State where the action is brought, to address any non-compliance by providers of online intermediation services, by providers of online search engines, or by providers of operating systems with the relevant requirements laid down in this Regulation.

Amendment 693 #

Philippe JUVIN, Carlos COELHO, Andreas SCHWAB, Sabine VERHEYEN, Pascal ARIMONT, Lara COMI

Proposal for a regulation
Article 12 – paragraph 3

3. The right referred to in paragraph 1 shall be without prejudice to the rights of business users and corporate website users to individually take action before competent national courts, in accordance with the rules of the law of the Member State where the action is brought, to address any non-compliance by providers of online intermediation services by providers of online search engines, or by providers of operating systems with the relevant requirements laid down in this Regulation.

Amendment 694 #

Proposal for a regulation
Article 12 – paragraph 3

3. The right referred to in paragraph 1 shall be without prejudice to the rights of business users and corporate website users to individually take action before competent national courts, in accordance with the rules of the law of the Member State where the action is brought, to address any non-compliance by providers of online intermediation services and search engines with the relevant requirements laid down in this Regulation.

Amendment 695 #

Proposal for a regulation
Article 12 – paragraph 3 a (new)

3a. Member States may designate a qualified entity on an ad hoc basis for a particular representative action at its request, if it complies with the criteria referred to in paragraph 2.

Amendment 696 #

Proposal for a regulation
Article 12 – paragraph 3 b (new)

3b. Member States shall communicate to the Commission the list of such qualified entities referred to in paragraph 2. The Commission shall publish and update on its online interface a list of such accredited bodies.

Amendment 697 #

Proposal for a regulation
Article 13 – paragraph 1

1. The Commission shall encourage the drawing up of codes of conduct by ~~providers of online intermediation services and by organisations and associations representing them~~organisations and associations representing online intermediation services and business users, intended to contribute to the proper application of this Regulation, taking account of the specific features of the various sectors in which online intermediation services are provided, as well as of the specific characteristics of micro, small and medium-sized enterprises.

Amendment 698 #

Lucy ANDERSON, Maria GRAPINI, Liisa JAAKONSAARI, Sergio GUTIÉRREZ PRIETO, Olga SEHNALOVÁ, Marlene MIZZI

Proposal for a regulation
Article 13 – paragraph 1

1. The Commission shall en~~courage the drawing up of codes of conduct by~~sure that providers of online intermediation services and byonline search engines and organisations and associations representing them, as well as business users and associations representing them, draw up codes of conduct intended to contribute to the proper application of this Regulation, taking account of the specific features of the various sectors in which online intermediation services are provided, as well as of the specific characteristics of micro, small and medium-sized enterprises.

Amendment 699 #

Proposal for a regulation
Article 13 – paragraph 1

1. The Commission shall encourage and monitor the drawing up of codes of conduct by providers of online intermediation services and by organisations and associations representing them, including the consultation and involvement of SME organisations and platform workers' representatives regarding the content of such codes, intended to contribute to the proper application of this Regulation, taking account of the specific features of the various sectors in which online intermediation services are provided, as well as of the specific characteristics of micro, small and medium-sized enterprises.

Amendment 70 #

Proposal for a regulation
Recital 4

(4) The ~~dependence of~~relationship between business users onand online intermediation services may also not leads to a ~~situation in which business users often have limi~~dequated possibilities to seek redress where unilateral actions of the providers of those services lead to a dispute. ~~In many cases, those providers do not offer accessible and effective internal complaint-handling systems.~~ Existing alternative out-of-court dispute settlement mechanisms can also be ineffective for a variety of reasons, including a lack of specialised mediators and business users’ fear of retaliation.

Amendment 700 #

Proposal for a regulation
Article 13 – paragraph 1

1. The Commission shall encourage the drawing up of codes of conduct by providers of online intermediation services and by organisations and associations representing them, as well as by business users and by organisations and associations representing them, intended to contribute to the proper application of this Regulation, taking account of the specific features of the various sectors in which online intermediation services are provided, as well as of the specific characteristics of micro, small and medium-sized enterprises.

Amendment 701 #

Philippe JUVIN, Carlos COELHO, Andreas SCHWAB, Sabine VERHEYEN, Lara COMI

Proposal for a regulation
Article 13 – paragraph 1

1. The Commission shall encourage the drawing up of codes of conduct by providers of online intermediation services and by organisations and associations representing them, together with business users and their representative organisations, intended to contribute to the proper application of this Regulation, taking account of the specific features of the various sectors in which online intermediation services are provided, as well as of the specific characteristics of micro, small and medium-sized enterprises.

Amendment 702 #

Evelyne GEBHARDT, Nicola DANTI

Proposal for a regulation
Article 13 – paragraph 2

2. The Commission shall encourage the drawing up of codes of conduct by providers of online search engines and by organisations and associations representing them, intended to contribute to the proper application of Article 5(2) and (3) and Article 7.

Amendment 703 #

Philippe JUVIN, Antanas GUOGA, Carlos COELHO, Andreas SCHWAB, Sabine VERHEYEN

Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1 (new)

The Commission shall encourage the drawing up of codes of conduct by providers of operating systems and by organisations and associations representing them, intended to contribute to the proper application of this Regulation.

Amendment 704 #

Proposal for a regulation
Article 13 a (new)

Article 13a Competent authorities and enforcement 1. Each Member State shall designate a competent authority at national level, which shall be responsible for monitoring and enforcing compliance with this Regulation and have the following powers: (a) to initiate and conduct investigations on its own initiative or based on a complaint; (b) to require online intermediaries and providers of online search engines to provide all necessary information in order to carry out investigations; (c) to take a decision establishing an infringement of the prohibitions laid down in this Regulation and require the online intermediary or online search engine provider to cease the infringement; (d) to impose a pecuniary fine on the provider. The fine shall be effective, proportionate and dissuasive taking into account the nature, duration and gravity of the infringement; and (e) to publish its decisions and report annually on its activities under this Regulation. 2. A business user, corporate website user or an organisation or association which meets the first three requirements of paragraph 2 of article 12 may address a complaint to the competent authority of the relevant Member State. The competent authority shall ensure, if so requested by the complainant, the confidentiality of the identity of the complainant and any other information, in respect of which the complainant considers disclosure harmful to its interests. The complainant shall identify such information in a possible request for confidentiality. 3. Member States shall ensure that competent authorities cooperate effectively with each other and provide each other mutual assistance in investigations that have a cross-border dimension. 4. Competent authorities and national competition authorities, were these do not coincide, shall provide each other with the information necessary for the application of the provisions of this Regulation. In respect of the information exchanged, the receiving authority shall ensure the same level of confidentiality as the originating authority.

Amendment 705 #

Christel SCHALDEMOSE, Liisa JAAKONSAARI, Virginie ROZIÈRE, Lucy ANDERSON, Olga SEHNALOVÁ, Nicola DANTI

Proposal for a regulation
Article 13 a (new)

Article 13a Enforcement authorities 1. The public body nominated or set up according to Article 12, paragraph 2, subparagraph 2 shall be responsible for the adequate and effective enforcement of this Regulation. 2. Member States shall lay down rules setting out the measures applicable to infringements of the provisions of this Regulation and shall ensure that they are implemented. The measures provided for shall be effective, proportionate and dissuasive. 3. The public body shall give guidance to business users in detecting unfair practices from platforms. 4. The public bodies referred to in paragraph 1 shall be communicated to the Commission and made publicly available on the Commission's website.

Amendment 706 #

Philippe JUVIN, Carlos COELHO, Andreas SCHWAB, Sabine VERHEYEN, Lara COMI, Antonio LÓPEZ-ISTÚRIZ WHITE

Proposal for a regulation
Article 13 a (new)

Article 13a Remedies 1. Member States shall designate a body or bodies responsible for adequate and effective enforcement of this regulation. 2. Member States shall determine the sanctions applicable to infringements of the provisions contained in this Regulation and shall take all measures necessary to ensure that they are enforced. These sanctions shall be effective, proportionate and dissuasive. 3. The measures referred to in paragraph 1 shall be communicated to the Commission and made publicly available on the Commission’s website.

Amendment 707 #

Proposal for a regulation
Article 13 a (new)

Article 13a Penalties Member States shall lay down the penalties applicable to infringements of the provisions and obligations contained in this Regulation and shall take the necessary measures to apply them. Penalties shall be effective, proportionate and dissuasive.

Amendment 708 #

Evelyne GEBHARDT, Nicola DANTI

Proposal for a regulation
Article 13 a (new)

Article 13a Applicable law This Regulation shall not affect the application of the relevant rules of Union law applicable in the areas of judicial cooperation in civil matters, competition, consumer protection, data protection, electronic commerce, financial services and trade secrets.

Amendment 709 #

Proposal for a regulation
Article 13 b (new)

Article 13b Information required from online intermediaries and liability rules 1. Member States shall ensure that online intermediaries provide all the information necessary for competent authorities to monitor and enforce compliance with the provisions of this Regulation, to assist the Commission in drawing up Guidelines as set out in Article 6 and to support the role of the Observatory in completing its tasks, set out in Article 2 of the Commission Decision of 26.4.2018 on setting up the group of experts for the Observatory on the Online Platform Economy. 2. Such information requirements shall include: (a) the main parameters determining ranking of offers and their relative importance presented to the consumer as result of his search query; (b) whether the third party offering the goods, services or digital content is a trader or not, on the basis of the declaration of that third party to the online intermediary service provider; (c) whether consumer rights stemming from Union consumer legislation apply or not to the contract concluded; (d) where the contract is concluded with a trader, which trader is responsible for ensuring the application of consumer rights stemming from Union consumer legislation in relation to the contract. This requirement is without prejudice to the responsibility that the online intermediary service provider may have or may assume with regard to specific elements of the contract; and (e) whether and how algorithms or automated decision making were used, to present offers or determine prices, including personalised pricing techniques. Member States may maintain or introduce in their national law additional information requirements and liability rules for contracts concluded on online marketplaces. 3. Undertakings shall provide such information promptly upon request and in conformity with the timescales and level of detail required. The information requested shall be proportionate to the performance of that task. The competent authority shall give the reasons justifying its request for information. 4. Where information is considered confidential by a competent authority in accordance with Union and national rules on business confidentiality or the protection of personal data, the competent authorities concerned shall ensure such confidentiality.

Amendment 71 #

Philippe JUVIN, Carlos COELHO, Sabine VERHEYEN, Antonio LÓPEZ-ISTÚRIZ WHITE

Proposal for a regulation
Recital 4

(4) The dependence of business users on online intermediation services and vice versa also leads to a situation in which business users o~~ften~~r providers of online intermediation services may have limited possibilities to seek redress where unilateral actions of the providers of those services lead to a dispute. In ~~many~~some cases, those providers do not offer accessible and effective internal complaint- handling systems. Existing alternative out- of-court dispute settlement mechanisms can also be ineffective for a variety of reasons, including a lack of specialised mediators and ~~business users’~~ fear of retaliation by smaller business users or providers of online intermediation services.

Amendment 710 #

Proposal for a regulation
Article 13 b (new)

Article 13b Monitoring Member States shall closely monitor the application of this regulation. To that end, Member states shall designate national authorities to require providers of online intermediation services, online search engines and operating systems providers to submit relevant information. The information gathered by those authorities shall be provided to the Commission and to the Observatory on the Online Platform Economy upon request.

Amendment 711 #

Proposal for a regulation
Article 13 c (new)

Article 13c Applicable law Business users shall not lose the protection granted by this regulation by virtue of choice of law of a non-member country as the law applicable to the contract of the latter has a close connection with the territory of a Member State.

Amendment 712 #

Philippe JUVIN, Róża THUN UND HOHENSTEIN, Andreas SCHWAB, Sabine VERHEYEN, Lara COMI

Proposal for a regulation
Article 14 – paragraph 1

Amendment 713 #

Proposal for a regulation
Article 14 – paragraph 1

Amendment 714 #

Proposal for a regulation
Article 14 – paragraph 1

Amendment 715 #

Liisa JAAKONSAARI, Lucy ANDERSON, Marlene MIZZI

Proposal for a regulation
Article 14 – paragraph 1

1. By [date: three years after the date of ~~entry into force~~application], and subsequently every three years, the Commission shall evaluate this Regulation and report to the European Parliament, the Council and the European Economic and Social Committee.

Amendment 716 #

Proposal for a regulation
Article 14 – paragraph 2

2. The first evaluation of this Regulation shall be carried out, in particular, with a view to assessing the compliance with, and impact on the online platform economy of, the obligations laid down in Articles 5, 6, 7 and 8, and whether additional rules, including regarding enforcement, may be required to ensure a fair, predictable, sustainable and trusted online business environment within the internal market. The first evaluation shall also:

Amendment 717 #

Proposal for a regulation
Article 14 – paragraph 2 – point a (new)

(a) assess, with input from Platform Observatory, the prevalence and impact of unfair commercial practices and consider whether a ban on a selected number of unfair commercial practices would be appropriate.

Amendment 718 #

Proposal for a regulation
Article 14 – paragraph 2 – point b (new)

(b) assess the impact of discrimination by online intermediary services and search engines favouring their own services and products over competing services and products.

Amendment 719 #

Lucy ANDERSON, Virginie ROZIÈRE, Maria GRAPINI, Liisa JAAKONSAARI, Olga SEHNALOVÁ

Proposal for a regulation
Article 14 – paragraph 2 a (new)

2a. A further assessment shall be performed to ascertain whether it is possible to introduce a right of access to data for the consumers who generate it, so as to prevent companies which hold large quantities of data generated by consumers from impeding the entry to the market of competing companies that need the data in order to offer goods and services.

Amendment 72 #

Proposal for a regulation
Recital 4 a (new)

(4a) It is important to note that the term “business users”, and by extension the scope of this Regulation, should also cover individuals working or providing services by personally performing work via online platforms. This is not only about SMEs but also about people who may be categorised as independent economic entities or self-employed. Due to the rising number of individuals employed in this way in the economy it is vital that they are also covered and able to rely on the possibility of seeking redress. They should have the right to participation in the process of setting prices and working conditions by platforms as they are vulnerable to arbitrary delisting, a lack of access to personal data and discrimination.

Amendment 720 #

Sergio GUTIÉRREZ PRIETO, Lucy ANDERSON, Marlene MIZZI

Proposal for a regulation
Article 14 – paragraph 3

3. Member States shall provide any relevant information that the Commission may require for the purposes of drawing up the report referred to in paragraph 1. It must be the European Commission and the Member States and their competent authorities that monitor and ensure compliance with the regulation, in addition to the rules of the Member States in case the European regulation is not effective. The fragmentation of the digital single market is a problem that can be solved through regulation at a European level.

Amendment 721 #

Liisa JAAKONSAARI, Lucy ANDERSON

Proposal for a regulation
Article 14 – paragraph 4 a (new)

4a. Following the evaluation, the Commission shall, where necessary, present relevant legislative proposals.

Amendment 722 #

Proposal for a regulation
Article 15 – paragraph 2

2. It shall apply from [date: ~~six~~24 months following the day of its publication].

Amendment 723 #

Proposal for a regulation
Article 15 – paragraph 2

2. It shall apply from [date: ~~six~~eighteen months following the day of its publication].

Amendment 724 #

Proposal for a regulation
Article 15 – paragraph 2

2. It shall apply from [date: ~~six~~twelve months following the day of its publication].

Amendment 725 #

Proposal for a regulation
Article 15 – paragraph 2

2. It shall apply from [date: ~~six~~twelve months following the day of its publication].

Amendment 726 #

Proposal for a regulation
Article 15 – paragraph 2

2. It shall apply from [date: ~~six~~twelve months following the day of its publication].

Amendment 727 #

Proposal for a regulation
Annex (new)

Annex Commercial practices to be regarded as unfair in all circumstances Requiring the business user to use the online intermediation service provider’s ancillary services, including payment services, without the option to use any alternative methods; Burdening the business user with a unilateral liability clause which causes an unfair transfer of risk; Imposing retroactive contract clauses which are detrimental to the business user; Impeding consumers access to, or discovery of, products, services, or applications offered by other business users on the online service for reasons that are not objectively justifiable; Modifying terms and conditions without informing business users concerned; Maintaining the legal right to use the business user’s confidential information after the contract between the online intermediary service provider and the business user has expired; Any clause or practice which make it unduly difficult for a business user to terminate its relationship with an online intermediation service provider and/or use another online intermediation service. Impeding that consumers who access services through the online intermediation service have the right and ability to select and use the services of their choice, without facing any undue burdens; Where a provider of online intermediation services itself offers goods or services to consumers through its own online intermediation services, or does so through a business user which it controls, not providing all information necessary to enable other business users to achieve the same level and quality of interoperability with services or functionality accessed through the service as are available to services offered by the provider itself; Where a provider of online intermediation services itself offers goods or services to consumers through its own online intermediation services, or does so through a business user which it controls, providing any technical or economic advantage to its own services, or to services that it controls, that it denies to competing business users; and Interfering in the commercial relationship between competing business users and consumers of their services, such as by blocking or otherwise restricting the flow of information and communication between them, including advertising and marketing.

Amendment 728 #

Philippe JUVIN, Róża THUN UND HOHENSTEIN, Andreas SCHWAB, Sabine VERHEYEN, Pascal ARIMONT, Lara COMI, Antonio LÓPEZ-ISTÚRIZ WHITE

Proposal for a regulation
Annex (new)

Annex Commercial practices to be regarded as unfair in all circumstances 1. Requiring the business user to use the online intermediation service provider’s ancillary services, including payment services, without the option to use any alternative methods. 2. Burdening the business user with a unilateral liability clause which causes an unfair transfer of risk. 3. Imposing retroactive contract clauses which are detrimental to the business user. 4. Maintaining the legal right to use the business user’s confidential information after the contract between the online intermediary service provider and the business user has expired.

Amendment 729 #

Proposal for a regulation
Annex – Title (new)

Annex Commercial practices to be regarded as unfair in all circumstances

Amendment 73 #

Philippe JUVIN, Róża THUN UND HOHENSTEIN, Andreas SCHWAB, Sabine VERHEYEN, Lara COMI

Proposal for a regulation
Recital 5

(5) Online intermediation services and online search engines~~, as well as the commercial transactions facilitated by those services,~~ have an intrinsic cross- border potential and are of particular importance for the proper functioning of the Union’s internal market in today’s economy. The potentially unfair and harmful trading practices of certain providers of those services in respect of business users and corporate website users hamper the full realisation of that potential and negatively affect the proper functioning of the internal market. In addition, the full realisation of that potential is hampered, and the proper functioning of the internal market is negatively affected, by diverging laws of certain Member States which, with a varying degree of effectiveness, regulate those services, while other Member States are considering adopting such laws.

Amendment 730 #

Proposal for a regulation
Annex – point a (new)

(a) Requiring the business user to use the online intermediation service provider's ancillary services, including payment services, without the option to use any alternative methods;

Amendment 731 #

Philippe JUVIN, Andreas SCHWAB, Sabine VERHEYEN, Lara COMI

Proposal for a regulation
Annex – point b (new)

(b) Burdening the business user with a unilateral liability clause which causes an unfair transfer of risk;

Amendment 732 #

Philippe JUVIN, Andreas SCHWAB, Sabine VERHEYEN, Lara COMI

Proposal for a regulation
Annex – point c (new)

Amendment 733 #

Philippe JUVIN, Róża THUN UND HOHENSTEIN, Andreas SCHWAB, Sabine VERHEYEN, Pascal ARIMONT, Lara COMI

Proposal for a regulation
Annex – point d (new)

(d) Impeding consumers access to, or discovery of, products, services, or applications offered by other business users on the online service for reasons that are not objectively justifiable;

Amendment 734 #

Philippe JUVIN, Andreas SCHWAB, Sabine VERHEYEN, Lara COMI

Proposal for a regulation
Annex – point e (new)

(e) Modifying terms and conditions without informing business users concerned;

Amendment 735 #

Philippe JUVIN, Andreas SCHWAB, Sabine VERHEYEN, Lara COMI

Proposal for a regulation
Annex – point f (new)

(f) Maintaining the legal right to use the business user's confidential information after the contract between the online intermediary service provider and the business user has expired;

Amendment 736 #

Philippe JUVIN, Andreas SCHWAB, Sabine VERHEYEN, Lara COMI

Proposal for a regulation
Annex – point g (new)

(g) Any clause or practices which make it unduly difficult for a business user to terminate its relationship with an online intermediation service provider and/or use another online intermediation service.;

Amendment 737 #

Philippe JUVIN, Andreas SCHWAB, Sabine VERHEYEN, Lara COMI

Proposal for a regulation
Annex – point h (new)

(h) Impeding that consumers who access services through the online intermediation service have the right and ability to select and use the services of their choice, without facing any undue burdens;

Amendment 738 #

Philippe JUVIN, Róża THUN UND HOHENSTEIN, Andreas SCHWAB, Sabine VERHEYEN, Lara COMI

Proposal for a regulation
Annex – point i (new)

(i) Not providing all information necessary to enable business users to achieve a comparable level and quality of interoperability with services or functionality accessed through the service as are available to services offered by the provider itself, where a provider of online intermediation services itself offers goods or services to consumers through its own online intermediation services, or does so through a business user which it controls;

Amendment 739 #

Philippe JUVIN, Andreas SCHWAB, Sabine VERHEYEN, Lara COMI

Proposal for a regulation
Annex – point j (new)

(j) Providing any technical or economic advantage to its own services, or to services that it controls, and denying it to competing business users, where a provider of online intermediation services itself offers goods or services to consumers through its own online intermediation services, or does so through a business user which it controls;

Amendment 74 #

Proposal for a regulation
Recital 5

Amendment 740 #

Philippe JUVIN, Andreas SCHWAB, Sabine VERHEYEN, Lara COMI

Proposal for a regulation
Annex – point k (new)

(k) Interfering in the commercial relationship between competing business users and consumers of their services.

Amendment 75 #

Proposal for a regulation
Recital 5

Amendment 76 #

Proposal for a regulation
Recital 5

(5) Online intermediation services and online search engines, as well as the ~~commercial~~ transactions facilitated by those services, have an intrinsic cross- border potential and are of particular importance for the proper functioning of the Union’s internal market in today’s economy. The potentially unfair and harmful ~~trading~~ practices of certain providers of those services in respect of business users and corporate website users and the lack of adequate EU redress mechanisms hamper the full realisation of that potential and negatively affect the proper functioning of the internal market. In addition, the full realisation of that potential is hampered, and the proper functioning of the internal market is negatively affected, by diverging laws of certain Member States which, with a varying degree of effectiveness, regulate those services, while other Member States are considering adopting such laws.

Amendment 77 #

Proposal for a regulation
Recital 5

(5) Online intermediation services, operating systems and online search engines, as well as the commercial transactions facilitated by those services, have an intrinsic cross- border potential and are of particular importance for the proper functioning of the Union’s internal market in today’s economy. The potentially unfair and harmful trading practices of certain providers of those services in respect of business users and corporate website users hamper the full realisation of that potential and negatively affect the proper functioning of the internal market. In addition, the full realisation of that potential is hampered, and the proper functioning of the internal market is negatively affected, by diverging laws of certain Member States which, with a varying degree of effectiveness, regulate those services, while other Member States are considering adopting such laws.

Amendment 78 #

Philippe JUVIN, Carlos COELHO, Andreas SCHWAB, Sabine VERHEYEN, Lara COMI, Pascal ARIMONT

Proposal for a regulation
Recital 5

Amendment 79 #

Proposal for a regulation
Recital 5

Amendment 80 #

Nicola DANTI, Sergio Gaetano COFFERATI, Virginie ROZIÈRE, Maria GRAPINI, Pina PICIERNO, Sergio GUTIÉRREZ PRIETO, Liisa JAAKONSAARI, Marlene MIZZI, Marc TARABELLA

Proposal for a regulation
Recital 5

Amendment 81 #

Proposal for a regulation
Recital 5

Amendment 82 #

Proposal for a regulation
Recital 5

Amendment 83 #

Proposal for a regulation
Recital 5

Amendment 84 #

Sergio GUTIÉRREZ PRIETO, Lucy ANDERSON, Virginie ROZIÈRE, Marlene MIZZI

Proposal for a regulation
Recital 6

(6) A uniform and targeted set of mandatory rules should therefore be established at Union level to ensure a fair, predictable, sustainable and trusted online business environment within the internal market by ensuring, in particular, that the business users of online intermediation services are afforded appropriate transparency as well as effective redress possibilities throughout the Union. Those rules should also provide for appropriate ~~transparenc~~incentives to promote fair and proportionate business behaviour and transparency, especially as regards the ranking of corporate website users in the search results generated by online search engines, including voice assistants. At the same, those rules should be such as to safeguard the important innovation potential of the wider online platform economy and allow for a healthy competition leading to increased consumer choice.

Amendment 85 #

Proposal for a regulation
Recital 6

(6) A uniform and targeted set of mandatory rules should therefore be established at Union level to ensure a fair, predictable, sustainable and trusted online business environment within the internal market by ensuring, in particular, that the business users of online intermediation services are afforded appropriate transparency as well as effective redress possibilities throughout the Union. Also, we must ensure that platforms give fair treatment to business users with whom they compete directly. Those rules should also provide for appropriate transparency as regards the ranking of corporate website users in the search results generated by online search engines. At the same, those rules should be such as to safeguard the important innovation potential of the wider online platform economy.

Amendment 86 #

Proposal for a regulation
Recital 6

(6) A uniform and targeted set of mandatory rules should therefore be established at Union level to ensure a fair, predictable, sustainable and trusted online business environment within the internal market by ensuring, in particular, that the business users ofand online intermediation services are afforded appropriate transparency as well as effective redress possibilities throughout the Union. Those rules should also provide for appropriate transparency as regards the ranking of corporate website users in the search results generated by online search engines. At the same, those rules should be such as to safeguard and strengthen the important innovation potential of the wider online platform economy.

Amendment 87 #

Lucy ANDERSON, Virginie ROZIÈRE, Maria GRAPINI, Liisa JAAKONSAARI, Christel SCHALDEMOSE, Sergio GUTIÉRREZ PRIETO, Olga SEHNALOVÁ, Marlene MIZZI

Proposal for a regulation
Recital 6

(6) A uniform and targeted set of mandatory rules should therefore be established at Union level to ensure a fair, predictable, sustainable and trusted online business environment within the internal market by ensuring, in particular, that the business users of online intermediation services are afforded appropriate transparency as well as effective redress possibilities throughout the Union. Those rules should also provide for appropriate transparency as regards the ranking of corporate website users in the search results generated by online search engines. At the same, those rules should ~~be such as to safeguard~~recognise and support the important innovation potential of the wider online platform economy.

Amendment 88 #

Proposal for a regulation
Recital 6 a (new)

(6a) The information and transparency duties of the parties involved must be rigorously enforced in order for consumers to be able to trust in the platforms and businesses they use and so as not to undermine their trust in the single market. All initiatives that enhance transparency of rating mechanisms and help establish reliable reputation criteria should be encouraged.

Amendment 89 #

Dita CHARANZOVÁ, Jasenko SELIMOVIC, Morten LØKKEGAARD

Proposal for a regulation
Recital 7

Amendment 90 #

Philippe JUVIN, Carlos COELHO, Andreas SCHWAB, Sabine VERHEYEN, Lara COMI, Pascal ARIMONT

Proposal for a regulation
Recital 7

(7) Since online intermediation services, operating systems and online search engines typically have a global dimension, this Regulation should apply to providers of those services regardless of whether they are established in a Member State or outside the Union, provided that two cumulative conditions are met. Firstly, the business users or corporate website users should be established in the Union. Secondly, the business users or corporate website users should, through the provision of those services, offer their goods or services to consumers located in the Union at least for part of the transaction. Such consumers should be located in the Union, but do not need to have their place of residence in the Union nor have the nationality of any Member State. Accordingly, this Regulation should not apply where the business users or corporate websites users are not established in the Union or where they are established in the Union but where they use online intermediation services or online search engines to offer goods or services exclusively to consumers located outside the Union or to persons who are not consumers.

Amendment 91 #

Virginie ROZIÈRE, Marc TARABELLA, Marlene MIZZI

Proposal for a regulation
Recital 7

Amendment 92 #

Proposal for a regulation
Recital 7

(7) Since online intermediation services and online search engines typically have a global dimension, this Regulation should apply to providers of those services regardless of whether they are established in a Member State or outside the Union, provided that two cumulative conditions are met. Firstly, the business users or corporate website users should be established in the Union. Secondly, the business users or corporate website users should, through the provision of those services, offer their goods or services to consumers or businesses located in the Union at least for part of the transaction. Such consumers should be located in the Union, but do not need to have their place of residence in the Union nor have the nationality of any Member State. Accordingly, this Regulation should not apply where the business users or corporate websites users are not established in the Union or where they are established in the Union but where they use online intermediation services or online search engines to offer goods or services exclusively to consumers located outside the Union or to persons who are not consumers.

Amendment 93 #

Evelyne GEBHARDT, Marlene MIZZI, Nicola DANTI

Proposal for a regulation
Recital 7 a (new)

(7a) This Regulation should be without prejudice to Union law concerning judicial cooperation in civil matters, in particular the provisions regarding the law applicable to contractual obligations and jurisdiction contained Regulation (EC) No 593/2008 and Regulation (EU) No 1215/2012. In particular, the mere fact that an online intermediation service or search engine complies with this Regulation should not be interpreted as meaning that it directs activities to the Member State of the business users and corporate website users under Article 6(1)(b) of Regulation (EC) No 593/2008 and Article 17 (1)( c) of Regulation (EU) No 1215/2012. Hence, for the purposes of determining applicable law and jurisdiction, the mere fact that an online intermediation service interface or search engine is accessible to business users and corporate website users established or resident in the Union should not be considered per se as equivalent to directing activities to Union territory. Likewise, an online intermediation service or search engine should not, for these reasons alone, be considered as directing activities to Union territory where business users and corporate website users are established or resident, where they provide information and assistance following conclusion of the contract in accordance with the obligations of an online intermediation service or search engine provider.

Amendment 94 #

Proposal for a regulation
Recital 8

(8) A wide variety of business-to- consumer commercial relations are intermediated online by providers operating multi-sided services that are essentially based on the same ecosystem- building business model. In order to capture the relevant services, online intermediation services should be defined in a precise and technologically-neutral manner. In particular, the services should consist of information society services, which are characterised by the fact that they aim to facilitate the initiating of direct transactions between business users and consumers, irrespective of whether and where the transactions are ultimately concluded ~~either online, on the online portal of the provider of the online intermediation services in question or that of the business user, or offline~~. Such intermediation services should include device operating systems, as applications and services through such operating systems can be an important channel to market for businesses. In addition, the services should be provided on the basis of contractual relationships ~~both~~ between the providers and business users ~~and between the providers and the~~which offer goods and services to consumers. Such a contractual relationship should be deemed to exist where both parties concerned express their intention to be bound in an unequivocal and verifiable manner, without an express written agreement necessarily being required.

Amendment 95 #

Proposal for a regulation
Recital 8

Amendment 96 #

Proposal for a regulation
Recital 8

Amendment 97 #

Proposal for a regulation
Recital 8

Amendment 98 #

Proposal for a regulation
Recital 8

(8) A wide variety of business-to- consumer ~~commercial~~ relations are intermediated online by providers operating multi-sided services that are essentially based on the same ecosystem- building business model. In order to capture the relevant services, online intermediation services should be defined in a precise and technologically- neutral manner. In particular, the services should consist of information society services, which are characterised by the fact that they aim to facilitate the initiating of direct transactions between business users and consumers, irrespective of whether the transactions are ultimately concluded either online, on the online portal of the provider of the online intermediation services in question or that of the business user, or offline. In addition, the services should be provided on the basis of contractual relationships both between the providers and business users and between the providers and the consumers. Such a contractual relationship should be deemed to exist where both parties concerned express their intention to be bound in an unequivocal and verifiable manner, without an express written agreement necessarily being required.

Amendment 99 #

Proposal for a regulation
Recital 8

source: 628.476

2018/10/18 TRAN 166 amendments...

Amendment 100 #

Proposal for a regulation
Article 1 – paragraph 2

2. This Regulation shall apply to online intermediation services and online search engines provided, or offered to be provided, to business users and corporate website users, respectively, that have their place of establishment or are~~sidence~~ actively operating in the Union and that, through online intermediation services or online search engines, offer goods or services to consumers located in the Union, irrespective of the place of establishment or residence of the providers of those services.

Amendment 101 #

Proposal for a regulation
Article 1 – paragraph 2 a (new)

2 a. This Regulation should apply where the terms and conditions of a contractual relationship, regardless of their name or form, are not individually negotiated by the parties to them.

Amendment 102 #

Proposal for a regulation
Article 2 – paragraph 1 – point 1

(1) 'business user' means any natural or legal person which through online intermediation services offers goods or services to consumers for purposes relating to its trade, business, craft or profession; including in the field of transport and individuals working or providing services by personally providing work via online intermediation services;

Amendment 103 #

Proposal for a regulation
Article 2 – paragraph 1 – point 1

(1) 'business user' means any natural or legal person which through online intermediation services offers or promotes goods or services to consumers for purposes relating to its trade, business, craft or profession;

Amendment 104 #

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b

Amendment 105 #

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b

Amendment 106 #

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b

(b) they allow business users to offer or promote goods or services to consumers, with a view to facilitating the initiating of direct transactions between those business users and consumers, irrespective of where those transactions are ultimately concluded;

Amendment 107 #

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point c

Amendment 108 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5

(5) 'online search engine' means a digital service that allows users to perform searches of, in principle, all websites or websites in a particular language on the basis of a query on any subject in the form of a keyword, phrase or other input, and returns links in which information related to the requested content can be found;deleted

Amendment 109 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5

(5) 'online search engine' means a digital service or interface or mobile applications that allows users to perform searches of~~, in principle, all websites or websites~~ web content, in a particular language on the basis of a query ~~on any subject~~ in the form of a keyword, phrase or other input in many options, and returns ~~links~~result in which information related to the reque~~sted content~~ry can be found;

Amendment 110 #

Proposal for a regulation
Article 2 – paragraph 1 – point 6

~~(6) 'provider of online search engine' means any natural or legal person which provides, or which offers to provide, online search engines to consumers;~~deleted

Amendment 111 #

Proposal for a regulation
Article 2 – paragraph 1 – point 7

(7) 'corporate website user' means any natural or legal person which uses websites or mobile applications to offer goods or services to consumers for purposes relating to its trade, business, craft or profession;

Amendment 112 #

Proposal for a regulation
Article 2 – paragraph 1 – point 7

(7) 'corporate website user' means any natural or legal person which uses websites to offer or promote goods or services to consumers for purposes relating to its trade, business, craft or profession;

Amendment 113 #

Proposal for a regulation
Article 2 – paragraph 1 – point 8

(8) '‘ranking'’ means the relative prominence given to the goods or services offered to consumers by business users through online intermediation services~~, or to websites indexed for consumers by online search engines,~~ as presented, organised or communicated to those consumers by the providers of online intermediation services ~~or by providers of online search engines, respectively,~~ irrespective of the technological means used for such presentation, organisation or communication;

Amendment 114 #

Proposal for a regulation
Article 2 – paragraph 1 – point 8

(8) 'ranking' means the relative prominence given in the search results to the goods or services offered to consumers by business users through online intermediation services, or to websites indexed for consumers by online search engines, as presented, organised or communicated to those consumers by the providers of online intermediation services or by providers of online search engines, respectively, irrespective of the technological means used for such presentation, organisation or communication;

Amendment 115 #

Proposal for a regulation
Article 2 – paragraph 1 – point 8

(8) 'ranking' means the relative prominence in search results given to the goods or services offered to consumers by business users through online intermediation services, or to websites indexed for consumers by online search engines, as presented, organised or communicated to those consumers by the providers of online intermediation services or by providers of online search engines, respectively, irrespective of the technological means used for such presentation, organisation or communication;

Amendment 116 #

Proposal for a regulation
Article 2 – paragraph 1 – point 8

(8) 'ranking' means the relative prominence given to the goods or services offered to consumers by business users through online intermediation services, or to websites indexed ~~for consumers~~ by online search engines, as presented, organised or communicated ~~to those consumers~~ by the providers of online intermediation services or by providers of online search engines, respectively, irrespective of the technological means used for such presentation, organisation or communication;

Amendment 117 #

Proposal for a regulation
Article 2 – paragraph 1 – point 10

(10) 'terms and conditions' means all terms, conditions, and clauses ~~and other information~~, irrespective of their name or form, which govern the contractual relationship between the provider of online intermediation services and their business users and are unilaterally determined by the provider of online intermediation services.

Amendment 118 #

Proposal for a regulation
Article 2 – paragraph 1 – point 10 a (new)

(10 a) 'ancillary goods and services’ means goods or services that are offered complementary to the primary product offered by the business user.

Amendment 119 #

Proposal for a regulation
Article 3 – paragraph 1 – point a

(a) are drafted in clear ~~and unambiguous~~ language;

Amendment 120 #

Proposal for a regulation
Article 3 – paragraph 1 – point b a (new)

(b a) are objective, non-discriminatory, fair and reasonable;

Amendment 121 #

Proposal for a regulation
Article 3 – paragraph 1 – point c

(c) set out the ~~objectiv~~non- discriminatory, fair and reasonable grounds for decisions to suspend or terminate, in whole or in part, the provision of their online intermediation services to business users, taking into account all the circumstances, especially where there is no direct alternative to their services.

Amendment 122 #

Proposal for a regulation
Article 3 – paragraph 1 – point c

(c) set out the objective grounds, consistent with those terms and conditions, for decisions to suspend or terminate, in whole or in part, the provision of their online intermediation services to business users.

Amendment 123 #

Proposal for a regulation
Article 3 – paragraph 1 – point c

Amendment 124 #

Lucy ANDERSON, Inés AYALA SENDER

Proposal for a regulation
Article 3 – paragraph 1 – point c

(c) set out the objective grounds for decisions to restrict, suspend or terminate, in whole or in part, the provision of their online intermediation services to business users.

Amendment 125 #

Marian-Jean MARINESCU

Proposal for a regulation
Article 3 – paragraph 1 – point c a (new)

(c a) contain provision referring to the obligation of business users that information provided on the platform are accurate and are ensuring a correct evaluation by the consumers of the quality, technical performances, price and other specific characteristics of the goods or services offered and legal and fair terms and conditions especially regarding payment.

Amendment 126 #

Proposal for a regulation
Article 3 – paragraph 1 – point c a (new)

(c a) Providers of online intermediation services shall inform business users on their additional distribution channels and potential affiliate programmes that they are going to serve with the offers of business users. Business user shall be granted the right to ask for their removal from such additional distribution channels.

Amendment 127 #

Proposal for a regulation
Article 3 – paragraph 2

2. Terms and conditions, or specific provisions thereof, which do not comply with the requirements of paragraph 1 shall be null and void not be binding on the business user concerned where such non- compliance is established by a competent court.

Amendment 128 #

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1

Providers of online intermediation services shall notify to the business users concerned any envisaged material modification of their terms and conditions that adversely impact the business user.

Amendment 129 #

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1

Providers of online intermediation services shall notify to the business users concerned any ~~envisaged~~ modification of their terms and conditions that affect users.

Amendment 130 #

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1

Providers of online intermediation services shall notify to the business users concerned any ~~envisaged~~ modification of their terms and conditions.

Amendment 131 #

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2

Amendment 132 #

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2

Amendment 133 #

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 3

~~The business user concerned may, either by means of a written statement or a clear affirmative action, waive the notice period referred to in the second subparagraph.~~deleted

Amendment 134 #

Proposal for a regulation
Article 3 – paragraph 4

4. Modifications to terms and conditions implemented by a provider of online intermediation services contrary to the provisions of paragraph 3 shall be null and void without prejudice to the validity of the remaining provisions, which will remain valid and enforceable, so far as they are severable from the offending provisions.

Amendment 135 #

Proposal for a regulation
Article 3 – paragraph 5

Amendment 136 #

Proposal for a regulation
Article 3 – paragraph 5

5. Paragraph 3 shall not apply where a provider of online intermediation services is subject to a legal obligation which requires it to modify its terms and conditions in a manner which does not allow it to respect the notice period referred to in the second subparagraph of paragraph 3.reasonably believes that to provide the full notice period would: a) breach the law b) compromise a legal investigation c) cause harm to users of the online intermediation service

Amendment 137 #

Proposal for a regulation
Article 3 – paragraph 5 a (new)

5 a. The fee a provider of online intermediation service charges to the business user for its online intermediation services should be proportionate and negotiated between the two parties involved.

Amendment 138 #

Proposal for a regulation
Article 4 – title

Suspension, delisting and termination

Amendment 139 #

Proposal for a regulation
Article 4 – paragraph 1

1. Where a provider of online intermediation services decides to suspend or terminate, in whole or in part, the provision of its online intermediation services to a given business user, it shall provide the business user concerned, without undue delay, with a statement of reasons for that decision. that provides appropriate rationale and clarity without compromising the online intermediation service by disclosing information that could be subject to unauthorized use by an outside actor

Amendment 140 #

Proposal for a regulation
Article 4 – paragraph 1

1. Where a provider of online intermediation services decides to s~~uspend or terminate,~~anction perceived misconduct, or suspend, de-list, terminate or restrict in whole or in part, the provision of its online intermediation services to a given business user, it shall provide the business user or users concerned, without undue delay, with a statement of reasons for that decision.

Amendment 141 #

Proposal for a regulation
Article 4 – paragraph 1

1. Where a provider of online intermediation services decides to suspend, delist or terminate, in whole or in part, the provision of its online intermediation services to a given business user, it shall ~~provide~~inform the business user concerned, without undue delay, and provide the business user with a statement of reasons for that decision.

Amendment 142 #

Proposal for a regulation
Article 4 – paragraph 1

Amendment 143 #

Proposal for a regulation
Article 4 – paragraph 2

2. The statement of reasons referred to in paragraph 1 shall contain a reference to the specific facts or circumstances that led to the decision of the provider of online intermediation services, as well as a reference to the applicable objective ground or grounds for that decision referred to in Article 3(1)(c). Where the suspension or termination results from a third party notification, the contents of said notification shall be included in the statement of reasons.

Amendment 144 #

Proposal for a regulation
Article 4 – paragraph 2

Amendment 145 #

Proposal for a regulation
Article 4 – paragraph 2 a (new)

Amendment 146 #

Proposal for a regulation
Article 4 – paragraph 2 a (new)

2 a. Termination and suspension shall be preceded by a notification and opportunity to clarify or re-establish compliance.

Amendment 147 #

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1

Providers of online intermediation services shall set out in their terms and conditions the main parameters determining ranking and the reasons for the relative importance of those main parameters as opposed to other parameters. Any changes to the parameters determining ranking shall be communicated to the business users in a timely manner and in clear and unambiguous language. Parameters determining ranking shall be applied in a non-discriminatory manner to business users.

Amendment 148 #

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1

Providers of online intermediation services shall set out in their terms and conditions the main parameters determining ranking and the reasons for the relative importance of those main parameters as opposed to other parameters. Those parameters should be objective and non- discriminatory and applied in a consistent and non-discriminatory manner.

Amendment 149 #

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1

Amendment 150 #

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1

Amendment 151 #

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1

Providers of online intermediation services shall set out clearly and unambiguously in their terms and conditions the main parameters determining ranking and the reasons for the relative importance of those main parameters as opposed to other parameters.

Amendment 152 #

Proposal for a regulation
Article 5 – paragraph 1 a (new)

1 a. Where a provider of an online intermediation service has altered the ranking order in a specific case or delisted a particular product / service offered by a business user following a third party notification, the provider shall provide the business user with a statement of reasons including specific facts and circumstances for that decision

Amendment 153 #

Proposal for a regulation
Article 5 – paragraph 2

Amendment 154 #

Proposal for a regulation
Article 5 – paragraph 2

Amendment 155 #

Proposal for a regulation
Article 5 – paragraph 2

2. Providers of online search engines shall set out for corporate website users the main parameters determining ranking as well as the reasons for the relative importance of those main parameters, by providing an easily and publicly available description, drafted in clear and unambiguous language on the online search engines of those providers. They shall keep that description up to date.

Amendment 156 #

Proposal for a regulation
Article 5 – paragraph 2 a (new)

2 a. Where a provider of an online search engine has altered the ranking order or delisted a particular website following a third party notification, the provider shall offer the business user the possibility to inspect the content of the notice. Also, they need to offer a users a complaints and redress mechanism to correct delisting or changes in the ranking order following a wrongful notification.

Amendment 157 #

Proposal for a regulation
Article 5 – paragraph 3

Amendment 158 #

Proposal for a regulation
Article 5 – paragraph 3 – introductory part

Amendment 159 #

Proposal for a regulation
Article 5 – paragraph 4

Amendment 160 #

Proposal for a regulation
Article 5 – paragraph 4

Amendment 161 #

Proposal for a regulation
Article 5 – paragraph 4

Amendment 162 #

Proposal for a regulation
Article 5 – paragraph 4 a (new)

4 a. Providers of online intermediation services and providers of online search engines shall designate an individual who is responsible for the policy related to rankings within the provider including development, review and oversight. Online intermediation services shall make the contact details of this person available to business users.

Amendment 163 #

Pavel TELIČKA, Izaskun BILBAO BARANDICA, Jozo RADOŠ

Proposal for a regulation
Article 5 – paragraph 4 a (new)

4 a. Providers of online intermediation services shall make sure that information revealed under this Article does not result in a consumer harm following manipulation of ranking by business users.

Amendment 164 #

Proposal for a regulation
Article 5 – paragraph 4 a (new)

4 a. Business users shall share with providers of online intermediation services an accurate description of the characteristics of the goods and services offered to consumers.

Amendment 165 #

Proposal for a regulation
Article 5 a (new)

Article 5 a Ancillary goods and services 1. Where ancillary goods and services are offered by providers of online intermediation services, either by the providers themselves, third parties or the business users, the providers shall set out in their terms and conditions a description of the ancillary goods and services. 2. In cases where both the providers or third parties and the business users offer ancillary goods and services, the description in paragraph 1 should state clearly whether the ancillary goods and services provided by the business user will be offered to the customer. Providers of online intermediation services should state clearly and visibly to the customer who provides the respective ancillary goods or services and under which terms and conditions.”

Amendment 166 #

Proposal for a regulation
Article 6 – paragraph 1

Amendment 167 #

Proposal for a regulation
Article 6 – paragraph 1 a (new)

1 a. Providers of online intermediation services that provide, or control businesses that provide, goods or services that compete with those provided by business users, shall allow consumers to select which good or service to use as default when the consumer uses the online intermediation service for the first time. The consumer shall also be allowed not to select a default option.

Amendment 168 #

Proposal for a regulation
Article 6 – paragraph 2 – point b

(b) ranking and default settings;

Amendment 169 #

Proposal for a regulation
Article 6 – paragraph 2 – point c

(c) any direct or indirect remuneration charged for the use of the online intermediation services or online search engines concerned;

Amendment 170 #

Proposal for a regulation
Article 6 a (new)

Article 6 a Differentiated treatment of ancillary goods and services Where applicable, providers of online intermediation services shall include in their terms and conditions a description of any differentiated treatment which they give, or may give, in relation to, on the one hand, ancillary goods or services offered to consumers through those online intermediation services by either that provider itself or any business users which that provider controls and, on the other hand, other business users.

Amendment 171 #

Proposal for a regulation
Article 7 – paragraph 1

1. Providers of online intermediation services and search engines shall include in their terms and conditions a description of the technical and contractual access, o~~r absence thereof, of business~~f business users and corporate website users to any personal data or other data, or both, which business users or consumers provide for the use of the online intermediation services or the search engines concerned or which are generated through the provision of those services.

Amendment 172 #

Proposal for a regulation
Article 7 – paragraph 1

Amendment 173 #

Proposal for a regulation
Article 7 – paragraph 1 a (new)

1 a. Business users shall have a right to be provided with any personal data or other data, or both, which business users or consumers provide for the use of the online intermediation services concerned or which are generated through the provision of such services unless it is impossible to provide such data for technical or legal reasons. Business users shall be provided in all cases where possible with best quality data available.

Amendment 174 #

Proposal for a regulation
Article 7 – paragraph 2 – point b

(b) ~~whether~~under which conditions a business user has access to personal data or other data, or both, provided by that business user in connection to his or her use of the online intermediation services concerned or generated through the provision of those services to that business user and the consumers of his or her goods or services, and if so, to which categories of such data and under what conditions;

Amendment 175 #

Proposal for a regulation
Article 7 – paragraph 2 – point c

(c) whether, in addition to point (b), a business user has access to personal data or other verifiable data, or both, including in aggregated form, provided by or generated through the provision of the online intermediation services to all of the business users and consumers thereof, and if so, to which categories of such data and under what conditions.

Amendment 176 #

Proposal for a regulation
Article 7 – paragraph 2 a (new)

2 a. Without prejudice to relevant Union law applicable to the protection of personal data and privacy, providers of online intermediation services shall grant business users access to all the data they have acquired as a result of the commercial activity of the respective business user.

Amendment 177 #

Proposal for a regulation
Article 7 – paragraph 2 b (new)

2 b. Notwithstanding the provisions of paragraphs 1 and 2, and subject to the application of Union law, providers of online intermediation services, facilitating the contracting between the business user and the consumer, shall transmit the relevant contact data of the consumer to the business user, unless the consumer disagrees.

Amendment 178 #

Proposal for a regulation
Article 8 – paragraph 1

Amendment 179 #

Proposal for a regulation
Article 8 – paragraph 1

1. ~~Where, i~~In the provision of their services, providers of online intermediation services may not restrict the ability of business users to offer the same goods and services to consumers under different conditions through other means than through those services, they shall include grounds for that restriction in their terms and conditions and make those grounds easily available to the public. Those grounds shall include the main economic, commercial or legal considerations for those restrictions.

Amendment 180 #

Proposal for a regulation
Article 8 – paragraph 1 a (new)

1 a. Providers of online intermediation services shall provide, at the request of the business user, full disclosure of all platforms and websites which are owned and operated by the intermediary where a business user's products or services are listed.

Amendment 181 #

Proposal for a regulation
Article 8 – paragraph 2

Amendment 182 #

Proposal for a regulation
Article 8 – paragraph 2

Amendment 183 #

Pavel TELIČKA, Izaskun BILBAO BARANDICA, Jozo RADOŠ

Proposal for a regulation
Article 8 – paragraph 2

Amendment 184 #

Proposal for a regulation
Article 8 – paragraph 2 a (new)

2 a. Upon request from business users or another provider of online interdiction services, or on its own initiative, the Commission shall promptly and actively assess the legality of such restrictions against Union law.

Amendment 185 #

Proposal for a regulation
Article 9 – paragraph 2 – point b

(b) process complaints swiftly and effectively, within 30 days at the latest, taking into account the importance and complexity of the issue raised;

Amendment 186 #

Proposal for a regulation
Article 9 – paragraph 2 – point c

(c) communicate to the complainant the outcome of the internal complaint- handling process, in an individualised manner and drafted in clear and unambiguous language. A first response to any complaint should come no later than 14 days.

Amendment 187 #

Proposal for a regulation
Article 9 – paragraph 2 – point c

(c) communicate to the complainant the outcome of the internal complaint- handling process~~, in an individualised manner~~ and drafted in clear and unambiguous language.

Amendment 188 #

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1

Amendment 189 #

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1

Providers of online intermediation services shall ~~annually establish and make easily available to the public information~~make information available on the functioning and effectiveness of their internal complaint-handling system and ensure that it is readily accessible for business users.

Amendment 190 #

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2

That information shall include the total number of complaints lodged, the subject- matter of the complaints, the nature of problems raised by business users, the time period needed to process the complaints and the decision taken on the complaints.

Amendment 191 #

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1

Amendment 192 #

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1

Providers of online intermediation services ~~shall~~may identify in their terms and conditions one or more mediators with which they are willing to engage to attempt to reach an agreement with business users on the settlement, out of court, of any disputes between the provider and the business user arising in relation to the provision of the online intermediation services concerned, including complaints that could not be resolved by means of the internal complaint-handling system referred to in Article 9.

Amendment 193 #

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1

Providers of online intermediation services shall identify in their terms and conditions one or more mediators with which they are willing to engage to attempt to reach an agreement with business users on the settlement, out of court, of ~~any~~ disputes between the provider and the business user arising in relation to the provision of the online intermediation services concerned~~, including complaints that~~ which could not be resolved by means of the internal complaint-handling system referred to in Article 9.

Amendment 194 #

Proposal for a regulation
Article 10 – paragraph 3

Amendment 195 #

Pavel TELIČKA, Izaskun BILBAO BARANDICA, Jozo RADOŠ

Proposal for a regulation
Article 10 – paragraph 3

3. Providers of online intermediation services shall engage in good faith in any attempt to reach an agreement through the mediation of any of the mediators which ~~they~~have been identified in accordance with paragraph 1, with a view to reaching an agreement on the settlement of the dispute.

Amendment 196 #

Proposal for a regulation
Article 10 – paragraph 4

4. Providers of online intermediation services shall bear a reasonable proportion of the total costs of mediation in each individual case. A reasonable proportion of those total costs shall be determined, on the basis of a suggestion by the mediator, by taking into account all relevant elements of the case at hand, in particular the relative merits of the claims of the parties to the dispute, the conduct of the parties, as well as the size and financial strength of the parties relative to one another. ~~However, p~~Providers of online intermediation services shall ~~in any case~~ bear at least half of the total cost, except in cases where the mediator has identified an apparent abuse of the mediation procedure at the detriment of the providers of online intermediation services.

Amendment 197 #

Proposal for a regulation
Article 10 – paragraph 4

Amendment 198 #

Proposal for a regulation
Article 10 – paragraph 4

Amendment 199 #

Proposal for a regulation
Article 10 – paragraph 5 a (new)

5 a. Providers of online intermediation services shall publish information annually to the general public in an easily accessible format specifying the number of cases undertaken, the nature of the complaints, and the results of those complaints.

Amendment 200 #

Proposal for a regulation
Article 12 – paragraph 1

1. OProfessional organisations and associations that have a legitimate interest in representing business users or in representing corporate website users, as well as public bodies set up in Member States, shall have the right to take action before national courts in the Union, in accordance with the rules of the law of the Member State where the action is brought, to stop or prohibit any non- compliance by providers of online intermediation services or by providers of online search engines with the relevant requirements laid down in this Regulation.

Amendment 201 #

Proposal for a regulation
Article 12 – paragraph 1 a (new)

1 a. Member States shall ensure that their relevant public bodies or other authorities set up a registry of unlawful acts which have been subject to injunction orders before national courts in order to provide a basis for best practice and information to other Member State public bodies or other authorities.

Amendment 202 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point b

(b) they pursue objectives that are in the collective interest of the group of business users or corporate website users that they represent; the group must consist at least majority of business users or corporate website users;

Amendment 203 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point b a (new)

(b a) they disclose fully and publicly- available information about their membership and structure;

Amendment 204 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point c

Amendment 205 #

Proposal for a regulation
Article 12 – paragraph 3

3. The right referred to in paragraph 1 shall be without prejudice to the rights of business users and corporate website users to individually take action before competent national courts, in accordance with the rules of the law of the Member State where the action is brought, to address any non-compliance by providers of online intermediation services and search engines with the relevant requirements laid down in this Regulation.

Amendment 206 #

Proposal for a regulation
Article 13 – paragraph 1

1. The Commission shall encourage the drawing up of codes of conduct by providers of online intermediation services and by organisations and associations representing them, together with business users and their representative organisations, laying down inter alia further details regarding the proper implementation of this Regulation, and thus contributing intended to contribute to the proper application of this Regulation, taking account of the specific features of the various sectors in which online intermediation services are provided, as well as of the specific characteristics of micro, small and medium-sized enterprises.

Amendment 207 #

Pavel TELIČKA, Izaskun BILBAO BARANDICA, Jozo RADOŠ

Proposal for a regulation
Article 13 – paragraph 1

Amendment 208 #

Proposal for a regulation
Article 13 – paragraph 2 a (new)

2 a. The Commission shall verify the compliance of the codes of conduct with Union law.

Amendment 209 #

Proposal for a regulation
Article 14 – paragraph 1

Amendment 210 #

Pavel TELIČKA, Izaskun BILBAO BARANDICA, Jozo RADOŠ

Proposal for a regulation
Article 14 – paragraph 1

Amendment 211 #

Proposal for a regulation
Article 14 – paragraph 2

Amendment 212 #

Proposal for a regulation
Article 14 – paragraph 4

4. In carrying out the evaluation of this Regulation, the Commission shall take into account the opinions and reports presented to it by the group of experts for the Observatory on the Online Platform Economy established in accordance with the Commission Decision C(2018)2393. It shall also take into account the content and functioning of any codes of conduct referred to in Article 13, where appropriate. Following the evaluation, the Commission shall, where necessary, present corrective legislative proposals.

Amendment 213 #

Proposal for a regulation
Article 15 – paragraph 2

2. It shall apply from [date: ~~six~~eighteen months following the day of its publication].

Amendment 214 #

Proposal for a regulation
Article 15 – paragraph 2

2. It shall apply from [date: ~~six~~twelve months following the day of its publication].

Amendment 49 #

Pavel TELIČKA, Izaskun BILBAO BARANDICA, Jozo RADOŠ

Proposal for a regulation
Recital 2

(2) Online intermediation services can be crucial for the commercial success of undertakings who use such services to reach consumers. The growing intermediation of transactions through online intermediation services, fuelled by strong data-driven indirect network effects, lead to an increased dependence of such business users, including micro, small and medium-sized enterprises, especially hotel chains, on those services in order for them to reach consumers. Given that increasing dependence, the providers of those services often have superior bargaining power, which enables them to effectively behave unilaterally in a way that can be unfair and that can be harmful to the legitimate interests of their businesses users and, indirectly, also of consumers in the Union.

Amendment 50 #

Proposal for a regulation
Recital 2

Amendment 51 #

Pavel TELIČKA, Izaskun BILBAO BARANDICA, Jozo RADOŠ

Proposal for a regulation
Recital 4 a (new)

(4 a) It is important to note that the term "business users", and by extension the scope of this Regulation, should also cover individuals working or providing services, including in the field of transport, by personally performing work via online platforms. This is not only about SMEs but also about people who may be categorised as independent economic entities or self-employed. Due to the rising number of individuals employed in this way in the economy it is vital that they are also covered and able to rely on the possibility of seeking redress. They should have the right to participation in the process of setting prices and working conditions by platforms as they are vulnerable to arbitrary delisting, a lack of access to personal data and discrimination.

Amendment 52 #

Proposal for a regulation
Recital 4 a (new)

(4 a) For certain sectors of the economy more recently opened to intra-EU competition, online intermediation services and search engine both contribute greatly to the completion of the internal market. In such sectors, online intermediation services and search engines provide services to undertakings which had already established their own online trading channels and are not dependent on online intermediations services. In these cases, further transparency obligations should be considered from the business users to the online intermediation services, in the interest of fair competition and the consumers in the Union.

Amendment 53 #

Pavel TELIČKA, Izaskun BILBAO BARANDICA, Jozo RADOŠ

Proposal for a regulation
Recital 5

(5) Online intermediation services and online search engines, as well as ~~the commercial~~ transactions facilitated by those services, have an intrinsic cross- border potential and are of particular importance for the proper functioning of the Union's internal market in today's economy. The potentially unfair and harmful trading practices of certain providers of those services in respect of business users and corporate website users hamper the full realisation of that potential and negatively affect the proper functioning of the internal market. In addition, the full realisation of that potential is hampered, and the proper functioning of the internal market is negatively affected, by diverging laws of certain Member States which, with a varying degree of effectiveness, regulate those services, while other Member States are considering adopting such laws.

Amendment 54 #

Proposal for a regulation
Recital 6

(6) A uniform and targeted set of mandatory rules should therefore be established at Union level to ensure a fair, predictable, sustainable and trusted online business environment within the internal market by ensuring, in particular, that the business users of online intermediation services are afforded appropriate transparency as well as effective redress possibilities throughout the Union and that the online intermediation services are in the possession of sufficient information to provide consumers in the Union with timely, accurate and relevant services. Those rules should also provide for appropriate transparency as regards the ranking of corporate website users in the search results generated by online search engines. At the same, those rules should be such as to safeguard the important innovation potential of the wider online platform economy.

Amendment 55 #

Proposal for a regulation
Recital 6

Amendment 56 #

Proposal for a regulation
Recital 6 a (new)

(6 a) The information and transparency duties of the parties involved must be rigorously enforced in order for consumers to be able to trust in the platforms and businesses they use and so as not to undermine their trust in the single market. All initiatives that enhance transparency of rating mechanisms and help establish reliable reputation criteria should be encouraged.

Amendment 57 #

Proposal for a regulation
Recital 6 a (new)

Amendment 58 #

Proposal for a regulation
Recital 7

(7) Since online intermediation services and online search engines typically have a global dimension, this Regulation should apply to providers of those services regardless of whether they are established in a Member State or outside the Union, provided that two cumulative conditions are met. Firstly, the business users or corporate website users should be established in the Union. Secondly, the business users or corporate website users should, through the provision of those services, offer their goods or services to consumers located in the Union at least for part of the transaction. Such consumers should be located in the Union, but do not need to have their place of residence in the Union nor have the nationality of any Member State. Accordingly, this Regulation should not apply where the business users or corporate websites users are not established in the Union or where they are established in the Union but where they use online intermediation services or online search engines to offer goods or services exclusively to consumers located outside the Union or to persons who are exclusively not consumers.

Amendment 59 #

Proposal for a regulation
Recital 8

Amendment 60 #

Proposal for a regulation
Recital 9

(9) Examples of online intermediation services covered by this Regulation should consequently include online e-commerce market places, including collaborative ones on which business users are active, and any marketplace like functionality of online software applications services and online social media services. However, this Regulation should not apply to online advertising serving tools or online advertising exchanges which are not provided with the aim of facilitating the initiation of direct transactions and which do not involve a contractual relationship with consumers. This Regulation should also not apply to online payment services, since they do not themselves meet the applicable requirements but are rather inherently auxiliary to the transaction for the supply of goods and services to the consumers concerned. or electronic communications networks or services or audiovisual media services, which are subject to sector specific regulation in relation to transparency, redress and non discrimination;

Amendment 61 #

Proposal for a regulation
Recital 9

Amendment 62 #

Proposal for a regulation
Recital 9

Amendment 63 #

Proposal for a regulation
Recital 11

Amendment 64 #

Proposal for a regulation
Recital 12

(12) ~~In order to effectively protect business users where needed, this Regul~~Transparency of all situations should ~~apply where the terms and conditions of a contractual relationship, regardless of their name or form, are not individually negotiated by the parties to them. Whether or not terms and condition~~be covered regardless of the type of contract. In order to effectively protect business users where ~~individually negotiated should be determined on the basis of an overall assessment, whereby the fact that certain provisions thereof may have been individually negotiated is, in itself, not decisive~~needed, this Regulation should apply regardless of whether terms were individually negotiated or not.

Amendment 65 #

Proposal for a regulation
Recital 12

(12) In order to effectively protect business users where needed, this Regulation should apply where the terms and conditions of a contractual relationship, regardless of their name or form, are not individually negotiated by the parties to them. Whether or not terms and conditions were individually negotiated should be determined on the basis of an overall assessment, whereby the fact that certain provisions thereof may have been individually negotiated is, in itself, not decisive.Does not affect the English version.)

Amendment 66 #

Proposal for a regulation
Recital 14

Amendment 67 #

Proposal for a regulation
Recital 15

(15) In order to protect business users and provide legal certainty, it should be possible for a competent court to establish that non-compliant terms and conditions are not binding on the business user concerned, with effects ex nunc. Any such finding by a court should however only concern the specific provisions of the terms and conditions which are not compliant. The remaining provisions should remain valid and enforceable, in as far as they can be severed from the non- compliant provisions. Sudden modifications to existing terms and conditions may significantly disrupt business users' operations. In order to limit such negative effects on business users, and to discourage such behaviour, modifications made in contravention of the obligation to provide a set notice period, should therefore be null and void, that is, deemed to have never existed with effects erga omnes and ex tunc.

Amendment 68 #

Lucy ANDERSON, Inés AYALA SENDER

Proposal for a regulation
Recital 16

(16) A provider of online intermediation services can have legitimate reasons to decide to suspend or terminate the provision of its services, in whole or in part, to a given business user, including by delisting individual goods or services of a given business user or effectively removing search results. However, given that such decisions can significantly affect the interests of the business user concerned, they should be properly informed of the reasons thereof. The statement of reasons should allow business users to ascertain whether there is scope to challenge the decision, thereby improving the possibilities for business users to seek effective redress where necessary. In addition, requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content, in line with Commission Recommendation (EU) No 2018/33422 . Sometimes, the decision of a provider of online intermediation service is based on notifications by third parties. These notifications can be abused by competitors. Commission recommendation 2018/334 requires such notifications to be sufficiently precise and adequately substantiated to enable the hosting provider to take an informed an diligent decision. Providers should therefore be required to pass on the contents of such notifications to the business user in order to allow them to refute obviously wrongful notices. The statement of reasons should identify the objective ground or grounds for the decision, based on the grounds that the provider had set out in advance in its terms and conditions, and refer in a proportionate manner to the relevant specific circumstances that led to that decision. _________________ 22 Commission Recommendation (EU) No 2018/334 of 1 March 2018 on measures to effectively tackle illegal content online (OJ L 63, 6.3.2018, p. 50).

Amendment 69 #

Proposal for a regulation
Recital 16

(16) A provider of online intermediation services can have legitimate reasons to apply restriction or sanctions to business users, as well as to decide to suspend or terminate the provision of its services, in whole or in part, to a given business user, including by delisting individual goods or services of a given business user or effectively removing search results. However, given that such decisions can significantly affect the interests of the business user concerned, they should be properly informed of the reasons thereof. The statement of reasons should allow business users to ascertain whether there is scope to challenge the decision, thereby improving the possibilities for business users to seek effective redress where necessary. In addition, requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content, in line with Commission Recommendation (EU) No 2018/33422 . The statement of reasons should identify the objective ground or grounds for the decision, based on the grounds that the provider had set out in advance in its terms and conditions, and refer in a proportionate manner to the relevant specific circumstances that led to that decision. _________________ 22 Commission Recommendation (EU) No 2018/334 of 1 March 2018 on measures to effectively tackle illegal content online (OJ L 63, 6.3.2018, p. 50).

Amendment 70 #

Proposal for a regulation
Recital 16

(16) A provider of online intermediation services can have legitimate reasons to decide to apply restriction or sanctions to business users suspend or terminate the provision of its services, in whole or in part, to a given business user, including by delisting individual goods or services of a given business user or effectively removing search results. However, given that such decisions can significantly affect the interests of the business user concerned, they should be properly informed of the reasons thereof. The statement of reasons should allow business users to ascertain whether there is scope to challenge the decision, thereby improving the possibilities for business users to seek effective redress where necessary. In addition, requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content, in line with Commission Recommendation (EU) No 2018/33422 . The statement of reasons should identify the objective ground or grounds for the decision, based on the grounds that the provider had set out in advance in its terms and conditions, and refer in a proportionate manner to the relevant specific circumstances that led to that decision. _________________ 22 Commission Recommendation (EU) No 2018/334 of 1 March 2018 on measures to effectively tackle illegal content online (OJ L 63, 6.3.2018, p. 50).

Amendment 71 #

Proposal for a regulation
Recital 16

Amendment 72 #

Lucy ANDERSON, Inés AYALA SENDER

Proposal for a regulation
Recital 16

(16) A provider of online intermediation services can have legitimate reasons to apply restrictions or penalties to decide to suspend or terminate the provision of its services, in whole or in part, to a given business user, including by delisting individual goods or services of a given business user or effectively removing search results. However, given that such decisions can significantly affect the interests of the business user concerned, they should be properly informed of the reasons thereof. The statement of reasons should allow business users to ascertain whether there is scope to challenge the decision, thereby improving the possibilities for business users to seek effective redress where necessary. In addition, requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content, in line with Commission Recommendation (EU) No 2018/33422. The statement of reasons should identify the objective ground or grounds for the decision, based on the grounds that the provider had set out in advance in its terms and conditions, and refer in a proportionate manner to the relevant specific circumstances that led to that decision. ~~_________________ 22 2018/334 of 1 March 2018 on measures to effectively tackle illegal content online (OJ L 63, 6.3.2018, p. 50).~~Commission Recommendation (EU) No

Amendment 73 #

Isabella DE MONTE

Proposal for a regulation
Recital 16

Amendment 74 #

Proposal for a regulation
Recital 16 a (new)

(16 a) As providers of intermediation services often work with additional distribution channels or affiliate programs, transparency towards business users shall be ensured in this respect. Business users shall also have the right to make adjustments on channels where their offers are traded.

Amendment 75 #

Isabella DE MONTE

Proposal for a regulation
Recital 17

(17) The ranking of goods and services by the providers of online intermediation services has an important impact on consumer choice and, consequently, on the commercial success of the business users offering those goods and services to consumers. Providers of online intermediation services should therefore outline the main parameters determining ranking beforehand, in order to improve predictability for business users, to allow them to better understand the functioning of the ranking mechanism and to enable them to compare the ranking practices of various providers. The notion of main parameter should be understood to refer to any general criteria, processes, specific signals incorporated into algorithms or other adjustment or demotion mechanisms used in connection with the ranking. The description of the main parameters determining ranking should also include an explanation of any possibility for business users to actively influence ranking against remuneration, as well as of the relative effects thereof. This description should provide business users with an adequate understanding of how the ranking mechanism takes account of the characteristics of the actual goods or services offered by the business user, and their relevance to the consumers of the specific online intermediation services. The consumer should also be clearly and unequivocally informed, by means of an explicit or written statement, when a business user has influenced the ranking against remuneration.

Amendment 76 #

Proposal for a regulation
Recital 18 a (new)

(18 a) Given the role played by online intermediation platforms on any market and the situation of its players, and to increase accountability related to rankings, providers of online intermediation services and online search engines shall appoint a person responsible for the algorithms and rankings applied by the provider. This shall facilitate the smooth implementation of the provisions of the Regulation, and increasing certainty around rankings.

Amendment 77 #

Proposal for a regulation
Recital 18 a (new)

(18 a) In order to be more accountable for the compliance with the provisions related to rankings, providers of online intermediation services and online search engines shall appoint a person responsible for the algorithms and rankings applied by the provider. This shall facilitate the smooth implementation of the provisions of the Regulation, and increasing certainty around rankings.

Amendment 78 #

Proposal for a regulation
Recital 19

(19) Where a provider of online intermediation services itself offers certain goods or services to consumers through its own online intermediation services, or does so through a business user which it controls, that provider may compete directly with other business users of its online intermediation services which are not controlled by the provider. In such situations, in particular, it is important that the provider of online intermediation services acts in a transparent manner and provides a description of any differentiated treatment, whether through legal, commercial or technical means, that it might give in respect of goods or services it offers itself compared to those offered by business users. ~~To ensure proportionality, this obligation should apply at the level of the overall online intermediation services, rather than at the level of individual goods or services offered through those~~Furthermore, consumers often rely on services configured by default without being informed about competing goods and services, and could face technical or economic barriers if they want to choose a competing service. Providers of online intermediation services should therefore not be allowed to provide any good or service under their direct or indirect control as a default option without first giving consumers the possibility to select among different competing options available when using the online intermediation service for the first time. The consumer should not be obliged to choose a default option. An online intermediation service provider’s goods or services should be considered to compete with those of its business users where the good or service can be considered as interchangeable or substitutable by consumers using the online intermediation services.

Amendment 79 #

Proposal for a regulation
Recital 19

Amendment 80 #

Proposal for a regulation
Recital 19 a (new)

(19 a) As online intermediaries often own more than one platform or website, they should inform business users that sign a contract for listing with them, of which platforms or websites the listing is displayed on.

Amendment 81 #

Proposal for a regulation
Recital 20

Amendment 82 #

Proposal for a regulation
Recital 20

(20) The ability to access and use verifiable data, including personal data, can enable important value creation in the online platform economy. Accordingly, it is important that providers of online intermediation services provide business users with a clear description of the scope, nature and conditions of their access to and use of certain categories of data. The description should be proportionate and might refer to general access conditions, rather than an exhaustive identification of actual data, or categories of data, in order to enable business users to understand whether they can use or verify the data to enhance value creation, including by possibly retaining third-party data services. Processing of personal data should comply with Regulation (EU) 2016/679 of the European Parliament and of the Council.24 _________________ 24 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Text with EEA relevant) (OJ L 119, 4.5.2016, p. 1).

Amendment 83 #

Pavel TELIČKA, Izaskun BILBAO BARANDICA, Jozo RADOŠ

Proposal for a regulation
Recital 21

(21) Providers of online intermediation services m~~ight in certain cases~~ust not restrict in the terms and conditions the ability of business users to offer goods or services to consumers under more favourable conditions through other means than through those online intermediation services. In those cases, the providers concerned should set out the grounds for doing so, in particular with reference to the main economic, commercial or legal considerations for the restrictions. This transparency obligation should however not be understood as affecting the assessment of the legality of such restrictions under other acts of Union law or the law of Member States in accordance with Union law, including in the areas of competition and unfair commercial practices, and the application of such laws.

Amendment 84 #

Proposal for a regulation
Recital 21

Amendment 85 #

Proposal for a regulation
Recital 21 a (new)

(21 a) Business users shall be granted full control over their own intellectual property rights. Providers of online intermediated services shall make use of these rights only upon the explicit consent of the business user. The terms of use of such rights shall be adhered to.

Amendment 86 #

Pavel TELIČKA, Izaskun BILBAO BARANDICA, Jozo RADOŠ

Proposal for a regulation
Recital 22

(22) In order to enable business users, including those whose use of the relevant online intermediation services might have been suspended or terminated, to have access to immediate, suitable and effective redress possibilities, providers of online intermediation services should provide for an internal complaint-handling system. That internal complaint-handling system should be aimed at ensuring that a significant proportion of complaints can be solved bilaterally by the provider of the online intermediation services and the relevant business user. In addition, ensuring that providers of online intermediation services publish information on the functioning and effectiveness of their internal complaint-handling system should help business users to understand the types of issues and degree of difficulty that can arise in the context of the provision of different online intermediation services and the possibility of reaching a quick and effective bilateral resolution.

Amendment 87 #

Proposal for a regulation
Recital 25

Amendment 88 #

Pavel TELIČKA, Izaskun BILBAO BARANDICA, Jozo RADOŠ

Proposal for a regulation
Recital 27

Amendment 89 #

Proposal for a regulation
Recital 28

(28) Codes of conduct, drawn up either by the service providers concerned or by organisations or associations representing them, can contribute to the proper application of this Regulation and should therefore be encouraged. When drawing up such codes of conduct, in consultation with all relevant stakeholders, account should be taken of the specific features of the sectors concerned as well as of the specific characteristics of micro, small and medium-sized enterprises. The Commission should assess the compliance of the codes of conduct with Union law.

Amendment 90 #

Proposal for a regulation
Recital 28 a (new)

(28 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; 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 91 #

Isabella DE MONTE

Proposal for a regulation
Recital 31

(31) As the objective of this Regulation, namely to ensure a clear, fair, predictable, sustainable and trusted online business environment within the internal market, cannot be sufficiently achieved by the Member States, but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary ~~in order~~ to achieve that objective.

Amendment 92 #

Proposal for a regulation
Article 1 – paragraph 1

Amendment 93 #

Proposal for a regulation
Article 1 – paragraph 1

Amendment 94 #

Proposal for a regulation
Article 1 – paragraph 1

Amendment 95 #

Proposal for a regulation
Article 1 – paragraph 1

Amendment 96 #

Markus PIEPER, Markus FERBER

Proposal for a regulation
Article 1 – paragraph 1 a (new)

1 a. Member States shall not maintain or introduce in their national law provisions on the subject-matters covered by this Regulation and diverging from the provision laid down in this Regulation.

Amendment 97 #

Proposal for a regulation
Article 1 – paragraph 2

2. This Regulation shall apply to online intermediation services and online search engines that reach more than 15 million unique visitors per month provided, or offered to be provided, to business users and corporate website users, respectively, that have their place of establishment or residence in the Union and that, through online intermediation services or online search engines, offer goods or services to consumers located in the Union, irrespective of the place of establishment or residence of the providers of those services.

Amendment 98 #

Proposal for a regulation
Article 1 – paragraph 2

Amendment 99 #

Proposal for a regulation
Article 1 – paragraph 2

source: 628.652

2018/10/26 JURI 286 amendments...

Amendment 100 #

Axel VOSS

Proposal for a regulation
Recital 21 a (new)

(21a) Business users should be granted full control over their own intellectual property rights. Providers of online intermediated services should make use of these rights only upon explicit consent of the business user. The terms of use of such rights should be adhered to. The intellectual property rights of third parties should also be respected.

Amendment 101 #

Proposal for a regulation
Recital 21 a (new)

Amendment 102 #

Proposal for a regulation
Recital 21 a (new)

(21a) This Regulation should be without prejudice to intellectual property rights held by business users. Providers of online intermediation services should make use of these rights only after they have obtained a license from the business user or their licensee, or under applicable exceptions and limitations.

Amendment 103 #

Proposal for a regulation
Recital 22

(22) In order to enable business users, including those whose use of the relevant online intermediation services might have been restricted,suspended or terminated, to have access to immediate, proportionate, suitable and effective redress possibilities, providers of online intermediation services should provide for an effective and rapid internal complaint-handling system. That internal complaint-handling system should be transparent, simplified and non- discriminatory aimed at ensuring that a significant proportion of complaints can be solved bilaterally by the provider of the online intermediation services and the relevant business user. In addition, ensuring that providers of online intermediation services publish information on the functioning and effectiveness of their internal complaint-handling system should help business users to understand the types of issues that can arise in the context of the provision of different online intermediation services and the possibility of reaching a quick ~~and~~, effective and non- discriminatory bilateral resolution.

Amendment 104 #

Proposal for a regulation
Recital 22

(22) In order to enable business users, including those whose use of the relevant online intermediation services might have been suspended or terminated, to have access to immediate, suitable and effective redress possibilities, providers of online intermediation services should provide for an rapid and effective internal complaint- handling system. That internal complaint- handling system should be aimed at ensuring that a significant proportion of complaints can be solved bilaterally by the provider of the online intermediation services and the relevant business user. In addition, ensuring that providers of online intermediation services publish information on the functioning and effectiveness of their internal complaint-handling system should help business users to understand the types of issues that can arise in the context of the provision of different online intermediation services and the possibility of reaching a quick and effective bilateral resolution.

Amendment 105 #

Amendment 106 #

Proposal for a regulation
Recital 24

(24) Mediation can offer providers of online intermediation services and their business users a voluntary means to resolve disputes in a rapid and satisfactory manner, without having to use judicial proceedings which can be lengthy and costly. Therefore, providers of online intermediation services should facilitate mediation by, in particular, identifying mediators with which they are willing to engage. Mediators which provide their services from a location outside the Union should only be identified where it is guaranteed that the use of those services does not in any way deprive the business users concerned of any legal protection offered to them under Union law or the law of the Member States, including the requirements of this Regulation and the applicable law regarding protection of personal data and trade secrets. In order to be accessible, fair, impartial and as swift, efficient and effective as possible, those mediators should meet certain set criteria.

Amendment 107 #

Proposal for a regulation
Recital 25

(25) Providers of online intermediation services should bear a reasonable proportion of the total costs of the mediation, taking into account all relevant elements of the case at hand. To that aim, the mediator should suggest which proportion is reasonable in the individual case. ~~However, that proportion should never be less than half of those costs.~~

Amendment 108 #

Proposal for a regulation
Recital 25

(25) Providers of online intermediation services should bear a reasonable proportion of the total costs of the mediation, taking into account all relevant elements of the case at hand. To that aim, the mediator should suggest which proportion is reasonable in the individual case. However, for the providers of online intermediation services, that proportion should never be less than half of those costs.

Amendment 109 #

Proposal for a regulation
Recital 25

Amendment 110 #

Proposal for a regulation
Recital 25

Amendment 111 #

Proposal for a regulation
Recital 26

(26) In order to facilitate the settlement of disputes relating to the provision of online intermediation services using mediation in the Union, ~~the Commission should encourage the setting~~Member States should set up of specialised mediation organisations, which are currently lacking. The involvement of mediators having specialist knowledge of online intermediation services and online search engines as well as of the specific industry sectors within which those services are provided should add to the confidence both parties have in the mediation process and should increase the likelihood of that process leading to a swift, just and satisfactory outcome.

Amendment 112 #

Proposal for a regulation
Recital 31

Amendment 113 #

Proposal for a regulation
Article premier – paragraph 1

1. This Regulation lays down rules to ensure that business users of online intermediation services and corporate website users in relation to online search engines are granted appropriate transparency, fairness and effective redress possibilities. This regulation shall be without prejudice to national civil law, particularly contract law and national legislation prohibiting or penalising unilateral behaviour or unfair commercial practices.

Amendment 114 #

Proposal for a regulation
Article 1 – paragraph 1

1. This Regulation introduces a fair, predictable, sustainable and reliable legal framework that lays down rules to ensure that business users of online intermediation services and corporate website users in relation to online search engines are granted appropriate transparency and effective redress possibilities.

Amendment 115 #

Proposal for a regulation
Article 1 – paragraph 1

Amendment 116 #

Proposal for a regulation
Article 1 – paragraph 1

Amendment 117 #

Proposal for a regulation
Article 1 – paragraph 2

2. This Regulation shall apply to online intermediation services and online search engines provided, or offered to be provided, to business users and corporate website users, respectively, that have their place of establishment or are~~sidence~~ operating in the Union and that, through online intermediation services or online search engines, offer goods or services to consumers located in the Union, irrespective of the place of establishment or residence of the providers of those services.

Amendment 118 #

Proposal for a regulation
Article 2 – paragraph 1 – point 1

(1) 'business user' means any natural or legal person which through online intermediation services offers or seeks to offer goods or services to consumers for purposes relating to its trade, business, craft or profession;

Amendment 119 #

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a

(a) they constitute information society services within the meaning of Article 1(1)(b) of Directive (EU) No 2015/1535 of the European Parliament and of the Council27 or they constitute device operating systems and in that capacity they act as intermediaries between online application developers and consumers; _________________ 27 Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (OJ L 241, 17.9.2015, p. 1).

Amendment 120 #

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a

(a) they constitute information society services within the meaning of Article 1(1)(b) of Directive (EU) No 2015/1535 of the European Parliament and of the Council27 ; or they constitute device operating systems, such as IOS, within the meaning of Directive xxxx/xx/EU (reference to the proposed directive on the approximation of the laws, regulations and administrative provisions of the Member States as regards the accessibility requirements for products and services (2015/0278(COD)). _________________ 27 Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (OJ L 241, 17.9.2015, p. 1).

Amendment 121 #

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b

(b) they allow business users to offer goods or services to consumers, goods or services to consumers, with a view to facilitating the initiating of direct transactions between those business users and consumers, ~~irrespective of where those transactions are ultimately concluded;~~ on the online intermediation service’s website or by direct link to the website of the business user;

Amendment 122 #

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b

(b) they allow business users to offer goods or services to consumers~~, with a view to facilitating the~~ by initiating of direct online transactions between those business users and consumers~~, irrespective~~ on the online portal of wthe~~re those transactions are ultimately concluded~~ provider of the online intermediation services in question or that of the business user;

Amendment 123 #

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point c

(c) they are provided to business users on the basis of contractual relationships between, on the one hand, the provider of those services and, on the other hand, both those business users and the consumers to which those business users offer goods or services. For the purpose of this Regulation, such a contractual relationship should also be deemed to exist where personal data or other data is provided as counter performance other than money;

Amendment 124 #

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point c

Amendment 125 #

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point c

(c) they are provided to business users on the basis of contractual relationships between~~, on the one hand,~~ the provider of those services and~~, on the other hand, both~~ those business users and the consumers to which those business users offer goods or services;

Amendment 126 #

Proposal for a regulation
Article 2 – paragraph 1 – point 3 a (new)

(3a) "operating system" means software, which, inter alia, handles the interface to peripheral hardware, schedules tasks, allocates storage, and presents a default interface to the user when no application program is running including a graphical user interface, whether such software is an integral part of consumer general purpose computer hardware, or else free-standing software intended to be run on consumer general purpose computer hardware; however it shall not mean an operating system loader, basic input/output system, or other firmware required at boot time or when installing the operating system;

Amendment 127 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5

(5) 'online search engine' means a digital service ~~that allows users to perform searches of, in princip~~, including inter alia digital interfaces and applications, including mobile, a~~ll websites or websites in a particular language on the basis of a query~~pplications with search functionality that allows users to perform searches on any subject in the form of a keyword, phrase or other input, and returns ~~link~~results in which information related to the requested content can be found;

Amendment 128 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5

(5) 'online search engine' means a digital service, including inter alia digital interfaces and applications, including mobile applications with search functionality that allows users to perform searches of, in principle, all websites or websites in a particular language on the basis of a query on any subject in the form of a keyword, phrase or other input, and returns links results in which information related to the requested content can be found;

Amendment 129 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5

(5) 'online search engine' means a digital service that allows users to perform searches of, in principle, all websites or websites in a particular language on the basis of a query on any subject in the form of a keyword, phrase or other input, and returns ~~links~~content such as short texts, pictures, links, videos, audios, in which information related to the requested content can be found;

Amendment 130 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5

(5) 'online search engine' means a digital service that allows users to perform searches of, in principle, all websites or websites in a particular language on the basis of a query on any subject in the form of a keyword, phrase or other input (by text, voice or any other means), and returns links in which information related to the requested content can be found;

Amendment 131 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5

(5) 'online search engine' means a digital service that allows users to perform searches of, in principle, all websites or websites and mobile applications in a particular language on the basis of a query on any subject in the form of a keyword, phrase or other input, and returns links in which information related to the requested content can be found;

Amendment 132 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5

(5) 'online search engine' means a digital service that allows users to input queries and perform searches of, in principle, all websites or websites in a particular language on the basis of a query on any subject in the form of a keyword, phrase or other input, and returns ~~links~~output in which information related to the requested content can be found;

Amendment 133 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5

(5) 'online search engine' means a digital service that allows users to perform searches of, in principle, all websites or websites in a particular language on the basis of a query on any subject in the form of a keyword, phrase or other input, and returns ~~link~~such results in which information related to the ~~requested content~~search can be found;

Amendment 134 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5

(5) 'online search engine' means a digital service that allows users to perform searches of~~, in principle, all~~ various websites or websites in a particular language on the basis of a query ~~on any subject~~ in the form of a keyword, phrase or other input, and returns links in which information related to the requested content can be found;

Amendment 135 #

Proposal for a regulation
Article 2 – paragraph 1 – point 7

(7) 'corporate website user' means any natural or legal person which uses websites ~~to offer goods or services to consumers for purposes relating to its trade, business, craft or profession~~or otherwise connected means to offer goods or services ;

Amendment 136 #

Proposal for a regulation
Article 2 – paragraph 1 – point 7

Amendment 137 #

Proposal for a regulation
Article 2 – paragraph 1 – point 8

Amendment 138 #

Proposal for a regulation
Article 2 – paragraph 1 – point 8

Amendment 139 #

Proposal for a regulation
Article 2 – paragraph 1 – point 10

(10) 'terms and conditions' means all terms, conditions, clauses and other information, irrespective of their name or form, which govern the contractual relationship between the provider of online intermediation services and their business users ~~and are unilaterally determined by the provider of online intermediation services~~.

Amendment 140 #

Proposal for a regulation
Article 2 – paragraph 1 – point 10

Amendment 141 #

Proposal for a regulation
Article 2 – paragraph 1 – point 10

(10) 'terms and conditions' means ~~all~~the terms, conditions, and clauses ~~and other information, irrespective of their name or form, which~~that govern the contractual relationship between the provider of online intermediation services and their business users and are unilaterally determined by the provider of online intermediation services.

Amendment 142 #

Proposal for a regulation
Article 2 – paragraph 1 – point 10

Amendment 143 #

Proposal for a regulation
Article 2 – paragraph 1 – point 10 a (new)

(10a) ‘device operating system’ is software that allows smartphones, computers and other devices to run applications and programs.

Amendment 144 #

Proposal for a regulation
Article 3 – paragraph 1 – point a

(a) are fair and proportionate and drafted in clear and unambiguous language;

Amendment 145 #

Proposal for a regulation
Article 3 – paragraph 1 – point a

(a) are drafted in ~~clear and unambiguous~~plain and intelligible language;

Amendment 146 #

Proposal for a regulation
Article 3 – paragraph 1 – point a a (new)

(aa) include only fair and proportionate clauses;

Amendment 147 #

Proposal for a regulation
Article 3 – paragraph 1 – point b a (new)

(ba) are objective, non-discriminatory, fair and reasonable; and

Amendment 148 #

Amendment 149 #

Proposal for a regulation
Article 3 – paragraph 1 – point c

(c) set out the objective grounds consistent with those terms and conditions for decisions to sanction, suspend or terminate, in whole or in part, the provision of their online intermediation services to business users.

Amendment 150 #

Proposal for a regulation
Article 3 – paragraph 1 – point c

(c) set out the ~~objective~~ grounds for decisions to restrict, suspend or terminate, in whole or in part, the provision of their online intermediation services to business users.

Amendment 151 #

Proposal for a regulation
Article 3 – paragraph 1 – point c

(c) set out the ~~objective~~ grounds for decisions to suspend or terminate, in whole or in part, the provision of their online intermediation services to business users.

Amendment 152 #

Daniel BUDA, Marian-Jean MARINESCU

Proposal for a regulation
Article 3 – paragraph 1 – point c a (new)

(ca) inform business users on their additional distribution channels and potential affiliate programmes that they are going to serve with the offer of business users. Business users shall be granted the right to ask for their removal from such additional distribution channels.

Amendment 153 #

Proposal for a regulation
Article 3 – paragraph 1 – point c a (new)

(ca) contain provision referring to the obligation of business users that information provided on the platform are accurate and are ensuring a correct evaluation by the consumers of the quality, technical performances, price and other specific characteristics of the goods or services offered and legal and fair terms and conditions especially regarding payment.

Amendment 154 #

Proposal for a regulation
Article 3 – paragraph 2

Amendment 155 #

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1

Providers of online intermediation services shall notify to the business users concerned of any ~~envisaged~~material modification of their terms and conditions which are to affect them in a non-negligible and negative matter.

Amendment 156 #

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1

Providers of online intermediation services shall notify to the business users concerned any envisaged modification of their terms and conditions or to the functionality, interoperability or other main performance features of the platform such as its accessibility, continuity and security.

Amendment 157 #

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1

Providers of online intermediation services shall notify to the business users concerned any envisaged material modification of their terms and conditions that adversely impact the business user.

Amendment 158 #

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1

Providers of online intermediation services shall notify in a durable medium to the business users concerned any envisaged modification of their terms and conditions.

Amendment 159 #

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1

Providers of online intermediation services shall without delay notify to the business users concerned any envisaged modification of their terms and conditions.

Amendment 160 #

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1

Providers of online intermediation services shall notify to the business users concerned any ~~envisaged~~subsequent modification of their terms and conditions.

Amendment 161 #

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2

The envisaged modifications shall not be implemented before the expiry of a notice period which is reasonable and proportionate to the nature and extent of the envisaged modifications and to their consequences for the business user concerned. That notice period shall be at least 15 days from the date on which the provider of online intermediation services notifies the business users concerned about the envisaged modifications. The business user shall be entitled to terminate their agreement free of any charges within 30 days from the receipt of the notice, where such modifications are materially detrimental to the business user.

Amendment 162 #

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2

The envisaged modifications shall not be implemented before the expiry of a notice period which is reasonable and proportionate to the nature and extent of the envisaged modifications and to their consequences for the business user concerned. That notice period shall be at least 15 days from the date on which the provider of online intermediation services notifies the business users concerned about the envisaged modifications. Where the envisaged modifications require the business user to make significant technical adjustments to its offering, this period should be of at least 3 months.

Amendment 163 #

Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2

Amendment 164 #

Proposal for a regulation
Article 3 – paragraph 4

4. Modifications to terms and conditions implemented by a provider of online intermediation services contrary to the provisions of paragraph 3 shall be null and void, without prejudice to the validity of the remaining provisions, which shall remain valid and applicable in so far as they can be separated from the non- compliant provisions.

Amendment 165 #

Proposal for a regulation
Article 3 – paragraph 4

4. Modifications to terms and conditions implemented by a provider of online intermediation services contrary to the provisions of paragraph 3 shall be null and void without prejudice to the validity of the remaining provisions, which shall remain valid in so far as they can be separated from the non-compliant provisions.

Amendment 166 #

Proposal for a regulation
Article 3 – paragraph 4

Amendment 167 #

Proposal for a regulation
Article 3 – paragraph 4

4. Modifications to terms and conditions implemented by a provider of online intermediation services contrary to the provisions of paragraph 3 shall be null and void as established by a competent court, for the remainder of the notice period.

Amendment 168 #

Proposal for a regulation
Article 3 – paragraph 5

5. Paragraph 3 shall not apply (a) where a provider of online intermediation services is subject to a legal obligation which requires it to modify its terms and conditions in a manner which does not allow it to respect the notice period referred to in the second subparagraph of paragraph 3 or (b) if the terms and conditions have been modified in order to protect the legitimate interests of users or the operation of the online intermediation service as such or (c) if a modification to the functionality, interoperability or other main performance features of the platform is necessary to protect the legitimate interests of users or the operation of the online intermediation service as such.

Amendment 169 #

Proposal for a regulation
Article 3 – paragraph 5

Amendment 170 #

Proposal for a regulation
Article 3 – paragraph 5 a (new)

Amendment 171 #

Proposal for a regulation
Article 4 – title

SRestriction, suspension and termination

Amendment 172 #

Proposal for a regulation
Article 4 – paragraph 1

1. Where a provider of online intermediation services decides to sanction perceived misconduct, or suspend or terminate, in whole or in part, the provision of its online intermediation services to a given business user, it shall provide the business user concerned, without undue delay, with a statement of reasons for that decision. Such decision shall be proportionate.

Amendment 173 #

Proposal for a regulation
Article 4 – paragraph 1

Amendment 174 #

Proposal for a regulation
Article 4 – paragraph 1

Amendment 175 #

Proposal for a regulation
Article 4 – paragraph 1

1. Where a provider of online intermediation services decides to suspend or, terminate or otherwise restrict, in whole or in part, the provision of its online intermediation services to a given business user, it shall provide the business user concerned, without undue delay, with a statement of reasons for that decision.

Amendment 176 #

Proposal for a regulation
Article 4 – paragraph 1

Amendment 177 #

Proposal for a regulation
Article 4 – paragraph 2

2. The statement of reasons referred to in paragraph 1 shall ~~contain a reference to the specific facts or circumstances that led to the decision of the provider of online intermediation services, as well as a reference~~refer to the applicable objective ground or grounds for that decision referred to in Article 3(1)(c).

Amendment 178 #

Proposal for a regulation
Article 4 – paragraph 2

2. The statement of reasons referred to in paragraph 1 shall contain a reference to the specific facts or circumstances that led to the decision of the provider of online intermediation services, as well as a reference to the applicable objective ground or grounds for that decision referred to in Article 3(1)(c). Where the suspension or termination results from a third party notification, the contents of said notification shall be included in the statement of reasons.

Amendment 179 #

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 (new)

The reference to the specific facts and circumstances that led to suspension or termination of the online intermediation service in the statement of reasons should not be required when an investigation is ongoing, when other legal obligations prohibit the online intermediation service from doing so, or when it could cause harm to any user(s) of the online intermediation service or other third parties. A provider of online services shall also not be obliged to provide a statement of reasons to any person it reasonably determines is a repeat infringer.

Amendment 180 #

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 (new)

The period for providing a justification referred to in paragraph (1) shall not exceed five days.

Amendment 181 #

Proposal for a regulation
Article 4 – paragraph 2 a (new)

2a. Online intermediaries and providers of search engines shall not be permitted to suspend, terminate or otherwise restrict, the provision of its online intermediation services to a business user which provides services that compete with those of the online intermediary, unless necessary for the following reasons: (a) to avoid any unreasonable burden to the online intermediation service provider caused by the business user; (b) to address any non-compliance by the business user with applicable laws or for the online intermediation service provider to comply with applicable laws; (c) for privacy or security reasons.

Amendment 182 #

Proposal for a regulation
Article 4 – paragraph 2 a (new)

2a. A provider of online intermediation services shall not be obliged to provide a statement of reasons if such provider reasonably believes that it would: (a) breach the law; (b) compromise an investigation; (c) compromise the operation of the online intermediation service; or (d) cause harm to business users or consumers of the online intermediation service. A provider of online services shall also not be obliged to provide a statement of reasons to any business user who is a repeat infringer.

Amendment 183 #

Proposal for a regulation
Article 4 – paragraph 2 a (new)

2a. Termination and suspension shall be, where possible and proportionate, preceded by a notification and opportunity to clarify or re-establish compliance.

Amendment 184 #

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1

Providers of online intermediation services shall ~~set out in their terms and conditions~~provide an easily available description of the main parameters determining ranking. Where those main parameters ~~determining ranking and the reasons for the relative importance of those main parame~~include the possibility to influence ranking against any direct or indirect remuneration paid by business users to the provider of online intermediation services concerned, that provider of online intermediation services shall also include in its terms a~~s opposed to other parameters~~nd conditions a description of those possibilities and of the effects of such remuneration on ranking.

Amendment 185 #

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1

Amendment 186 #

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1

Amendment 187 #

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1

Amendment 188 #

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1

Amendment 189 #

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2

Amendment 190 #

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2

~~Where those main parameters include t~~The possibility to influence ranking against any direct or indirect remuneration paid by business users to the provider of online intermediation services concerned~~, that provider of online intermediation services shall also include in its terms and conditions a description of~~ shall be prohibited. Ranking should be established solely according to objective criteria regarding the quality of the good or service offered. If direct or indirect remuneration by business users to those p~~ossibilities and of the effects of such remuneration on ranking~~rovider of online intermediation services is offered, this should be explicitly flagged as sponsored content.

Amendment 191 #

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2

Amendment 192 #

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2 a (new)

Amendment 193 #

Proposal for a regulation
Article 5 – paragraph 1 a (new)

Amendment 194 #

Proposal for a regulation
Article 5 – paragraph 2

Amendment 195 #

Proposal for a regulation
Article 5 – paragraph 2

2. Providers of online search engines shall set out for corporate website users the main parameters determining ranking, by providing an easily and publicly available description, drafted in clear and unambiguous language on the online search engines of those providers. They shall keep that description up to date. with regard to material changes that can reasonably be expected to affect corporate website users in a non-negligible and negative manner

Amendment 196 #

Proposal for a regulation
Article 5 – paragraph 2

2. Providers of online search engines shall set out for corporate website users the main parameters determining ranking, by providing an easily and publicly available description, drafted in clear and unambiguous language on the online search engines of those providers. They shall ~~keep~~update that description ~~up to date~~when substantial changes are made that may affect business users.

Amendment 197 #

Proposal for a regulation
Article 5 – paragraph 2

2. Providers of online search engines shall set out for corporate website users the main parameters determining ranking, by providing an easily and publicly available description, drafted in clear and unambiguous language on the online search engines of those providers. They shall keep that description up to date. These parameters determining ranking shall not be applied in a discriminatory manner.

Amendment 198 #

Proposal for a regulation
Article 5 – paragraph 2

Amendment 199 #

Proposal for a regulation
Article 5 – paragraph 2 a (new)

2a. Where a provider of an online search engine has altered the ranking order in a specific case or delisted a particular website following a third party notification, the provider shall offer the possibility for the business user to inspects the contents of the notice in a publicly accessible online database. The provider of an online search engine shall offer corporate business users a complaints and redress mechanism to correct delistings or changes to the ranking order following a wrongful notification.

Amendment 200 #

Proposal for a regulation
Article 5 – paragraph 3 – introductory part

Amendment 201 #

Proposal for a regulation
Article 5 – paragraph 3 – point c

(c) as regards online search engines, the design characteristics of the website ~~used by corporate website users~~indexed.

Amendment 202 #

Proposal for a regulation
Article 5 – paragraph 4

Amendment 203 #

Proposal for a regulation
Article 5 – paragraph 4

4. Providers of online intermediation services and providers of online search engines shall, when complying with the requirements of this Article, not be required to disclose any trade secrets as defined in Article 2(1) of Directive (EU) 2016/943. nor any other business sensitive information, disclosure of which could undermine the provider’s competitive advantage. Providers of online intermediation services and providers of online search engines shall also not be required to disclose any information that would be likely to facilitate either the manipulation of results or the deception of consumers.

Amendment 204 #

Proposal for a regulation
Article 5 – paragraph 4

4. Providers of online intermediation services and providers of online search engines shall, when complying with the requirements of this Article, not be required to disclose any trade secrets as defined in Article 2(1) of Directive (EU) 2016/943. Providers of online intermediation services and providers of online search engines shall also not be required to disclose any information that would be likely to facilitate either the manipulation of results or the deception of consumers.

Amendment 205 #

Proposal for a regulation
Article 5 – paragraph 4 a (new)

Amendment 206 #

Proposal for a regulation
Article 5 – paragraph 4 a (new)

4a. Providers of online intermediation services and providers of online search engines shall make sure that fulfilling transparency obligations under this Article does not lead to a consumer harm following manipulation of ranking by business users and corporate business websites.

Amendment 207 #

Proposal for a regulation
Article 6 – title

Differentiated treatment and unfair commercial practices

Amendment 208 #

Proposal for a regulation
Article 6 – paragraph 1

1. Providers of online intermediation services shall include in their terms and conditions a description of any differentiated treatment which they give~~, or may give~~ with a view to preventing business users from harmful on-line practices, in relation to, on the one hand, goods or services offered to consumers through those online intermediation services by either that provider itself or any business users which that provider controls and, on the other hand, other business users.

Amendment 209 #

Proposal for a regulation
Article 6 – paragraph 1 a (new)

Amendment 210 #

Proposal for a regulation
Article 6 – paragraph 1 a (new)

1a. Providers of online intermediation services that provide, or control businesses that provide, goods or services that compete with those provided by business users, shall allow consumers to select which good or service to use as default when the consumer uses the online intermediation service for the first time. The consumer shall also be allowed not to select a default option.

Amendment 211 #

Proposal for a regulation
Article 6 – paragraph 1 b (new)

1b. In relation to, on the one hand, goods or services offered to consumers through those online intermediation services by either that provider itself or any business users which that provider controls and, on the other hand, other business users, providers of online intermediation services shall use proportionate, fair and transparent practices.

Amendment 212 #

Proposal for a regulation
Article 6 – paragraph 2 – introductory part

Amendment 213 #

Proposal for a regulation
Article 6 – paragraph 2 – point b

(b) ranking and default settings;

Amendment 214 #

Proposal for a regulation
Article 6 – paragraph 2 – point b

(b) ranking and default settings;

Amendment 215 #

Proposal for a regulation
Article 6 – paragraph 2 – point c

(c) any direct or indirect remuneration charged for the use of the online intermediation services ~~concerned~~or online search engine services concerned or any ancillary services as well as any technical or economic benefit it does not extend to all business users;

Amendment 216 #

Proposal for a regulation
Article 6 – paragraph 2 – point c

Amendment 217 #

Proposal for a regulation
Article 6 – paragraph 2 – point c

(c) any direct or indirect remuneration charged for the use of the online intermediation services concerned or any ancillary services, and any technical or economic benefit it does not extend to all business users;

Amendment 218 #

Proposal for a regulation
Article 6 – paragraph 2 – point c

(c) any direct or indirect remuneration charged for the use of the online intermediation services or online search engine services concerned;

Amendment 219 #

Proposal for a regulation
Article 6 – paragraph 2 – point d

(d) access to, or conditions for use of, services that are directly connected or ancillary to the online intermediation services or online search engine services concerned.

Amendment 220 #

Proposal for a regulation
Article 6 – paragraph 2 a (new)

Amendment 221 #

Proposal for a regulation
Article 6 – paragraph 2 a (new)

2a. The providers in paragraph 1 shall apply fair treatment in such a way that they do not materially impair other business users’ ability and freedom to do business, thereby causing appreciable harm to the business user. In applying fair treatment, the provider of online intermediation services shall refrain from, for instance: (a) preventing or imposing undue burdens on consumers’ choices of services on the online intermediation service; (b) interfering in the commercial relationship between competing business users and consumers of their services, such as by blocking or otherwise restricting the flow of information and communication between them, including advertising and marketing. (c) directly or indirectly providing any technical or economic advantage to its own services, or to services that it controls, that it denies to competing business users.

Amendment 222 #

Proposal for a regulation
Article 6 – paragraph 2 a (new)

Amendment 223 #

Proposal for a regulation
Article 6 – paragraph 2 a (new)

2a. When displaying the results, the online intermediation service shall disclose close to each product or service to which it gave differentiated treatment, in a well recognisable manner whether it has been influenced against direct or indirect remuneration, contractual or direct ownership relationships.

Amendment 224 #

Proposal for a regulation
Article 6 – paragraph 2 b (new)

2b. An online intermediation service shall not engage in an unfair commercial practice. A practice shall constitute an unfair commercial practice if the practice leads to situations where there is a materially detrimental impact on competition and consumer choice. In assessing whether a trading practice is unfair, account shall be taken of the following factors: (a) the market position of the online intermediary and the business user; and (b) whether there is a significant imbalance in the parties’ negotiating abilities which results in the online intermediary imposing an unreasonable burden on the business user in its terms and conditions or its commercial practices. Annex I contains a list of those commercial practices which shall in all circumstances be regarded as unfair. The same list shall apply in all Member States and be reviewed by the Platform Observatory who shall provide recommendations to the Commission on further commercial practices which are unfair under this Article.

Amendment 225 #

Proposal for a regulation
Article 6 a (new)

Article 6a Unfair commercial practices 1. The provider of online intermediation services shall not engage in unfair commercial practices. 2. Directive 2005/29/EC shall apply mutatis mutandis. 3. Annex I provides a non-exhaustive lists of commercial practices which shall be regarded as unfair in the meaning of this Regulation. The Annex shall periodically be reviewed by the Commission’s expert group to the EU Observatory on the Online Platform Economy. The expert group may provide recommendations on further commercial practices, which should be considered as unfair within the meaning of this Regulation.

Amendment 226 #

Proposal for a regulation
Article 7 – paragraph 1

Amendment 227 #

Proposal for a regulation
Article 7 – paragraph 1

Amendment 228 #

Proposal for a regulation
Article 7 – paragraph 1

1. Providers of online intermediation services shall ~~inclu~~provide ian ~~their terms and conditions a~~easily accessible description of the technical and contractual access, or absence thereof, of business users to any personal data or other data, or both, which business users or consumers provide for the use of the online intermediation services concerned or which are generated through the provision of those services.

Amendment 229 #

Proposal for a regulation
Article 7 – paragraph 2 – introductory part

Amendment 230 #

Proposal for a regulation
Article 7 – paragraph 2 – point a

Amendment 231 #

Proposal for a regulation
Article 7 – paragraph 2 – point b

Amendment 232 #

Proposal for a regulation
Article 7 – paragraph 2 – point c

Amendment 233 #

Proposal for a regulation
Article 7 – paragraph 2 – point c a (new)

(ca) whether in case of a breach of contractual obligations or in case of a market failure by the provider of online intermediation services, business users have the right to access and to retrieve the data, or some categories of data, that they have submitted to the provider.

Amendment 234 #

Proposal for a regulation
Article 7 – paragraph 2 a (new)

2a. Providers of online intermediation services shall grant each business user access to anonymised consumer data, in a machine readable commonly used and standardised format, which are generated through the facilitation of a transaction between consumers and the business user concerned. This obligation is without prejudice to the obligations with which online intermediation services must comply under the applicable data protection and privacy rules.

Amendment 235 #

Proposal for a regulation
Article 7 – paragraph 2 b (new)

2b. Without prejudice to relevant Union law applicable to the protection of personal data and privacy, providers of online intermediation services shall grant business users access to all the data they have acquired as a result of the commercial activity of the respective business user.

Amendment 236 #

Proposal for a regulation
Article 7 – paragraph 2 c (new)

2c. Without prejudice to relevant Union law applicable to the protection of personal data and privacy, providers of online search engines shall grant corporate website users access to all the data they have acquired as a result of the activity of the respective corporate website user.

Amendment 237 #

Proposal for a regulation
Article 7 – paragraph 2 d (new)

2d. The data referred to in paragraphs 2b and 2c shall be provided in a machine readable commonly used and standardised format.

Amendment 238 #

Proposal for a regulation
Article 7 – paragraph 2 e (new)

2e. Providers of online intermediation services shall, upon request from a consumer of its services, grant access to the personal or other data, or both, generated directly or indirectly by the activity of the consumer, to a third party designated by the consumer. Such access shall be granted under fair, reasonable and non-discriminatory terms.

Amendment 239 #

Proposal for a regulation
Article 7 – paragraph 2 f (new)

2f. Providers of online intermediation services shall grant each business user access to anonymised consumer data, in a machine readable commonly used and standardised format, which are generated through the facilitation of a transaction between consumers and the business user concerned. This obligation is without prejudice to the obligations with which online intermediation services must comply under the applicable data protection and privacy rules.

Amendment 240 #

Proposal for a regulation
Article 7 – paragraph 2 g (new)

2g. Providers of online intermediation services shall enable the transfer of reputation systems such as rankings and reviews of their business users and be held liable for damages if a supplier suffers a reputational loss as a consequence of insufficient data security.

Amendment 241 #

Proposal for a regulation
Article 8 – paragraph 1

1. ~~Where, in the provision of their services, p~~Providers of online intermediation services shall not restrict the ability of business users to offer ~~the same goods and services to consumers under different conditions through other means than through those services, they shall include grounds for that restriction~~ different conditions to consumers for obtaining the~~ir terms and conditions and make those grounds easily available to the public. Those grounds shall include the main economic, commercial or legal considerations for those restrictions.~~ goods and services at issue through other means than those services

Amendment 242 #

Proposal for a regulation
Article 8 – paragraph 1

Amendment 243 #

Proposal for a regulation
Article 8 – paragraph 1

1. Where, in the provision of their services, providers of online intermediation services restrict the ability of business users to offer the same goods and services to consumers under different conditions through other means than through those services, they restriction shall be objectively justified, non-discriminatory and fair. Providers of online intermediation services shall include grounds for that restriction in their terms and conditions and make those grounds easily available to the public. Those grounds shall include the main economic, commercial or legal considerations for those restrictions.

Amendment 244 #

Proposal for a regulation
Article 8 – paragraph 1

Amendment 245 #

Proposal for a regulation
Article 8 – paragraph 1

1. Where, in the provision of their services, providers of online intermediation services restrict the ability of business users to offer the same goods and services to consumers under different conditions through other means than through those services, they shall include grounds for that restriction in their terms and conditions ~~and make those grounds easily available to the public~~. Those grounds shall include the main economic, commercial or legal considerations for those restrictions.

Amendment 246 #

Proposal for a regulation
Article 8 – paragraph 2

Amendment 247 #

Proposal for a regulation
Article 8 – paragraph 2

2. T~~he obligation set out in paragraph 1 shall not affect any prohib~~erms and conditions, or ~~limitations in respect of the imposition of such restrictions that result from the app~~specific provisions therein, imposing oblicgations o~~f other Union rules or from national rules that are in accordance with Union law and to which~~n business users to act in violation of the provi~~der~~sions of ~~the online intermediation services are subject.~~paragraph (1) shall be null and void

Amendment 248 #

Proposal for a regulation
Article 8 – paragraph 2

2. The obligation set out in paragraph 1 shall not affect any prohibitions or limitations in respect of the imposition of such restrictions that result from the application of other Union rules or from national rules that are in accordance with Union law and to which the providers of the online intermediation services are subject. In particular, the risks pertaining to the practices referred to under paragraph 1 to create price collusion among providers of online intermediation services shall be closely scrutinised.

Amendment 249 #

Proposal for a regulation
Article 8 – paragraph 2 a (new)

2a. The obligation set out in paragraph 1 shall not result in the restriction of intellectual property rights, wholly or partially.

Amendment 250 #

Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1

Providers of online intermediation services shall provide for an transparent, simplified and non-discriminatory internal system for handling the complaints of business users.

Amendment 251 #

Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 a (new)

The internal complaint-handling system shall be based on principles of equal treatment and its use shall not lead to any detrimental treatment of the business user.

Amendment 252 #

Proposal for a regulation
Article 9 – paragraph 2 – point b

Amendment 253 #

Proposal for a regulation
Article 9 – paragraph 2 – point c

(c) communicate to the complainant without delay the outcome of the internal complaint- handling process, in an individualised manner, giving suitable justification and drafted in clear and unambiguous language.

Amendment 254 #

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1

Providers of online intermediation services shall ~~annually establish and make easily available to the public information on the functioning and effectiveness of their internal complaint-handling system~~provide an annual report on the use of their internal complaint handling systems, outline the main types of problems businesses may face when using the online intermediation service.

Amendment 255 #

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1

Providers of online intermediation services shall bi-annually establish and make easily available to the public comprehensive information on the functioning and effectiveness of their internal complaint- handling system.

Amendment 256 #

That information shall include the total number of complaints lodged, the ~~subject- matter of the complaints, th~~main types of complaints and the average time period needed to process the complaints and the decision taken on the complaints. In order to protect the privacy of the business users involved, the information shall only be provided in aggregated data. Providers of online intermediation services shall, when complying with the requirements of this paragraph, not be required to disclose any trade secrets as defined in article 2(1) of Directive (EU) 2016/943 or any information where a legal or confidentiality obligation does not allow them to do so or any information that may lead to consumer harm.

Amendment 257 #

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2

That information shall include the total number of complaints lodged, the subject- matter of the complaints, the average time period needed to process the complaints and the decision taken on the complaints.

Amendment 258 #

Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2

Amendment 259 #

Proposal for a regulation
Article 9 – paragraph 5

5. The provisions of this Article shall not apply to providers of online intermediation services that are small enterprises within the meaning of Article 2 (2) of the Annex to Recommendation 2003/361/EC29 during the first three years or start up phase of their business operations. _________________ 29 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5/2003, p. 36).

Amendment 260 #

Proposal for a regulation
Article 9 – paragraph 5 a (new)

5a. The obligations set out in paragraph 2 of this Article shall not apply to complaints brought by business users reasonably determined by the relevant online intermediation service provider as being abusive, spurious or vexatious.

Amendment 261 #

Proposal for a regulation
Article 9 – paragraph 5 a (new)

Amendment 262 #

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1

Providers of online intermediation services ~~shall~~may identify in their terms and conditions one or more mediators with which they are willing to engage to attempt to reach an agreement with business users on the settlement, out of court, of any disputes between the provider and the business user arising in relation to the provision of the online intermediation services concerned, including complaints that could not be resolved by means of the internal complaint-handling system referred to in Article 9.

Amendment 263 #

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1

Providers of online intermediation services ~~shall~~may identify in their terms and conditions one or more mediators with which they are willing to engage to attempt to reach an agreement with business users on the settlement, out of court, of any disputes between the provider and the business user arising in relation to the provision of the online intermediation services concerned, including complaints that could not be resolved by means of the internal complaint-handling system referred to in Article 9.

Amendment 264 #

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1

Providers of online intermediation services shall identify in their terms and conditions one or more mediators with which they are willing to engage to attempt to reach an agreement with business users on the voluntary settlement, out of court, of any disputes between the provider and the business user arising in relation to the provision of the online intermediation services concerned, including complaints that could not be resolved by means of the internal complaint-handling system referred to in Article 9.

Amendment 265 #

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1

Providers of online intermediation services shall identify in their terms and conditions one or more mediators with which they are willing to engage to attempt to reach an agreement with business users on the settlement, out of court, of ~~any~~ disputes between the provider and the business user arising in relation to the provision of the online intermediation services concerned~~, including complaints that~~ which could not be resolved by means of the internal complaint-handling system referred to in Article 9.

Amendment 266 #

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1

Providers of online intermediation services shall identify in their terms and conditions one or more mediators with which they are willing to engage to attempt to reach an agreement with business users on the settlement, out of court, of ~~any~~ disputes between the provider and the business user arising in relation to the provision of the online intermediation services concerned, ~~including complaints that~~which could not be resolved by means of the internal complaint-handling system referred to in Article 9.

Amendment 267 #

Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1

Providers of online intermediation services shall identify in their terms and conditions one or more mediators with which they are willing to engage to attempt to reach an agreement with business users on the settlement, out of court, of ~~any~~ disputes between the provider and the business user arising in relation to the provision of the online intermediation services concerned, ~~including complaints that~~which could not be resolved by means of the internal complaint-handling system referred to in Article 9.

Amendment 268 #

Proposal for a regulation
Article 10 – paragraph 3

3. ~~Providers of online intermediation services~~The parties involved shall engage in good faith in any attempt to reach an agreement through the voluntary mediation of any of the mediators which they identified in accordance with paragraph 1, with a view to reaching an agreement on the settlement of the dispute.

Amendment 269 #

Proposal for a regulation
Article 10 – paragraph 3

3. PWhen the internal complaint handling mechanism fails to resolve the complaint, providers of online intermediation services and business users shall engage in good faith in any attempt to reach an agreement through the mediation of any of the mediators which they identified in accordance with paragraph 1, with a view to reaching an agreement on the settlement of the dispute.

Amendment 270 #

Proposal for a regulation
Article 10 – paragraph 3

3. Providers of online intermediation services as well as the business users shall engage in good faith in any attempt to reach an agreement through the mediation of any of the mediators which they identified in accordance with paragraph 1, with a view to reaching an agreement on the settlement of the dispute.

Amendment 271 #

Proposal for a regulation
Article 10 – paragraph 3

Amendment 272 #

Proposal for a regulation
Article 10 – paragraph 3

Amendment 273 #

Proposal for a regulation
Article 10 – paragraph 4

Amendment 274 #

Proposal for a regulation
Article 10 – paragraph 4

4. Providers of online intermediation services and business users shall bear a reasonable proportion of the total costs of mediation in each individual case. A reasonable proportion of those total costs shall be determined, on the basis of a suggestion by the mediator, by taking into account all relevant elements of the case at hand, in particular the relative merits of the claims of the parties to the dispute, the conduct of the parties, as well as the size and financial strength of the parties relative to one another. ~~However, providers of online intermediation services shall in any case bear at least half of the total cost.~~

Amendment 275 #

Proposal for a regulation
Article 10 – paragraph 4

4. Providers of online intermediation services and business users shall bear a reasonable proportion of the total costs of mediation in each individual case. A reasonable proportion of those total costs shall be determined, on the basis of a suggestion by the mediator, by taking into account all relevant elements of the case at hand, in particular the relative merits of the claims of the parties to the dispute, the conduct of the parties, as well as the size and financial strength of the parties relative to one another. However, providers of online intermediation services shall in any case bear at least half of the total cost.

Amendment 276 #

Proposal for a regulation
Article 10 – paragraph 4

Amendment 277 #

Proposal for a regulation
Article 10 – paragraph 4

Amendment 278 #

Proposal for a regulation
Article 10 – paragraph 5

5. Any attempt to reach an agreement through mediation on the settlement of a dispute in accordance with this Article shall not affect the rights of the providers of the online intermediation services and of the business users concerned to initiate judicial proceedings at any time before, during or after the mediation process. Initiation of judicial proceedings is not conditional on the initiation of a mediation process.

Amendment 279 #

Proposal for a regulation
Article 10 – paragraph 5 a (new)

Amendment 280 #

Proposal for a regulation
Article 10 – paragraph 5 a (new)

Amendment 281 #

Proposal for a regulation
Article 11 – paragraph 1

Amendment 282 #

Proposal for a regulation
Article 12 – paragraph 1

Amendment 283 #

Proposal for a regulation
Article 12 – paragraph 1

Amendment 284 #

Proposal for a regulation
Article 12 – paragraph 1

1. OWithout prejudice to Art. 80 of Regulation (EU) 2016/679 and after having exhausted the options to settle complaints and disputes, laid down in Art. 9 and 10 of this Regulation, organisations and associations that have a legitimate interest in representing business users or in representing corporate website users, as well as public bodies set up in Member States, shall have the right to take action before national courts in the Union, in accordance with the rules of the law of the Member State where the action is brought, to stop or prohibit any non- compliance by providers of online intermediation services or by providers of online search engines with the relevant requirements laid down in this Regulation.

Amendment 285 #

Proposal for a regulation
Article 12 – paragraph 1

1. Organisations and associations that have a legitimate interest in representing business users or in representing corporate website users, ~~as well as~~ public bodies set up in Member States, shall have the right to take action before national courts in the Union, in accordance with the rules of the law of the Member State where the action is brought, to stop or prohibit any non- compliance by providers of online intermediation services or by providers of online search engines with the ~~relevant~~ requirements laid down in this Regulation.

Amendment 286 #

Proposal for a regulation
Article 12 – paragraph 1 a (new)

1a. Before taking action referred to in Article 1, the representative organisation or association shall exercise the complaint-handling and mediation procedure referred to in Article 9 and 10. The representative action shall be pursed where the non-compliance could not be resolved via measures in Article 9 and 10.

Amendment 287 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – introductory part

Amendment 288 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – introductory part

Organisations or associations shall have the right referred to in paragraph 1 only where, at the time of bringing the action, ~~they~~and for the duration of the action, they continue to meet all of the following requirements:

Amendment 289 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – introductory part

Amendment 290 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – introductory part

Amendment 291 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – introductory part

Organisations or associations shall have the right referred to in paragraph 1 only where, at the time of bringing the action and for the entire duration thereof, they meet all of the following requirements:

Amendment 292 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – introductory part

Amendment 293 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point a

(a) they are properly constituted according to the law of a Member State; and hold a current qualified entity licence issued by the relevant public body of that Member State.

Amendment 294 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point a

(a) they are properly constituted according to the law of a Member State; and hold a current qualified entity licence issued by the relevant public body of that Member State.

Amendment 295 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point a

(a) they are properly constituted according to the law of a Member State and hold a current qualified entity licence issued by the relevant public body of that Member State;

Amendment 296 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point b

(b) they pursue objectives that are in the collective interest of the group of a majority of business users or corporate website users that they represent, which group must consist of at least 10 independent business users or corporate website users;

Amendment 297 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point b

(b) they pursue objectives that are in the collective interest of the group of a majority of business users or corporate website users that they represent, which group must consist of at least 10 independent business users or corporate website users;

Amendment 298 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point b

(b) they pursue objectives that are in the collective interest of the group of a majority of business users or corporate website users that they represent;, which group must consist of at least 10 independent business users or corporate website users

Amendment 299 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point b

(b) they pursue objectives, publically stated in their statute or other relevant governance document, that are in the collective interest of the group of business users or corporate website users that they represent;

Amendment 300 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point c

Amendment 301 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point c

Amendment 302 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point c

Amendment 303 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point c a (new)

(ca) they comply with all codes of ethics and conduct of the public body issuing their licence, and demonstrably act in accordance with the wider public interest;

Amendment 304 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point c a (new)

(ca) they have a governance structure that provides for independence from third parties and has internal procedure to prevent conflict of interest, in case of funding received from third parties;

Amendment 305 #

(ca) they comply with all codes of ethics and conduct of the public body issuing their licence, and demonstrably act in accordance with the wider public interest;

Amendment 306 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point c a (new)

(ca) they comply with all codes of ethics and conduct of the public body issuing their licence, and demonstrably act in accordance with the wider public interest;

Amendment 307 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point c b (new)

(cb) they are transparent about the source of funding;

Amendment 308 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point c c (new)

(cc) they have sufficient financial and human resources, as well as legal expertise to represent the best interests of their business or corporate website users;

Amendment 309 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2

In Member States where such public bodies have been set up, those public bodies shall have the right referred to in paragraph 1, and shall be entitled to issue the required licence to an organisation or association, where they are charged with defending the collective interests of business users or corporate website users or with ensuring compliance with the requirements laid down in this Regulation, in accordance with the national law of the Member State concerned.

Amendment 310 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2

In Member States where such public bodies have been set up, those public bodies shall have the right referred to in paragraph 1, and shall be entitled to issue the required licence to an organisation or association, where they are charged with defending the collective interests of business users or corporate website users or with ensuring compliance with the requirements laid down in this Regulation, in accordance with the national law of the Member State concerned.

Amendment 311 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2 a (new)

Member States shall ensure that representative organisations or associations make publicly available annual activity reports. Those reports shall include at least the following information relating to both domestic and cross-border representative actions: (a) the number of action launched and the main types of complaints made; (b) the number (the rate of percentage) of court decisions in favour of business users or corporate website users; (c) the number (the rate or percentage) of representative actions which were discontinued and, if known, the reasons for their discontinuation; (d) the average time taken to resolve a representative action;

Amendment 312 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2 a (new)

Amendment 313 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2 b (new)

Member States shall assess on a regular basis whether an organisation or an association continues to comply with the criteria set out in this paragraph. Member States shall ensure that the qualified entity loses its status under this Regulation if it no longer complies with one or more of the criteria listed in this paragraph.

Amendment 314 #

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2 c (new)

The compliance by an organisation or an association with the criteria referred to in this paragraph is without prejudice to the right of the court or administrative authority to examine whether the purpose of the organisation or the association justifies its taking action in a specific case in accordance with paragraph 1.

Amendment 315 #

Proposal for a regulation
Article 12 – paragraph 2 a (new)

2a. Where a Member State public body issues a qualified entity licence to an organisation or association, that public body shall be responsible for regularly reviewing the status and conduct of that organisation or association to ensure that it is complying with the requirements of this Article. The Member State public body shall immediately revoke the qualified entity licence of any organisation or association found to not to be in compliance with the requirements of this Article.

Amendment 316 #

Proposal for a regulation
Article 12 – paragraph 2 a (new)

2a. The right referred to in paragraph 1 shall be without prejudice to the rights referred to in Directive XXXX/XX/EU (reference to the Directive on representative actions for the protection of the collective interests of consumers, and repealing Directive 2009/22/EC, (COM(2018)184)).

Amendment 317 #

Proposal for a regulation
Article 13 – paragraph 1

1. The Commission shall encourage the drawing up of codes of conduct by providers of online intermediation services and by organisations and associations representing them, together with business users and the organisations and associations representing them, that are intended to contribute to the proper application of this Regulation, taking account of the specific features of the various sectors in which online intermediation services are provided, as well as of the specific characteristics of micro, small and medium-sized enterprises.

Amendment 318 #

Proposal for a regulation
Article 13 – paragraph 1

1. The Commission shall encourage the drawing up of codes of conduct by providers of online intermediation services and by organisations and associations representing them, intended to contribute to the proper application of this Regulation, taking account of the specific features of the various sectors in which online intermediation services are provided, as well as of the specific characteristics of micro, small and medium-sized enterprises. In particular, codes of conducts shall address interoperability, barriers to switching and data portability.

Amendment 319 #

Proposal for a regulation
Article 13 – paragraph 1

1. ~~The Commission~~Member States shall en~~courag~~sure the drawing up of codes of conduct by providers of online intermediation services and by organisations and associations representing them, intended to contribute to the proper application of this Regulation, taking account of the specific features of the various sectors in which online intermediation services are provided, as well as of the specific characteristics of micro, small and medium-sized enterprises.

Amendment 320 #

Proposal for a regulation
Article 13 a (new)

Amendment 321 #

Proposal for a regulation
Article 13 a (new)

Article 13a Applicable law This Regulation shall not affect the application of the relevant rules of Union law applicable in the areas of judicial cooperation in civil matters, competition, consumer protection, data protection, electronic commerce, financial services and trade secrets.

Amendment 322 #

Proposal for a regulation
Article 13 a (new)

Article 13a Applicable law and jurisdiction In contracts concluded by business users having their habitual residence in a Member State, or where the fulfilment of the contract is to take place in one or more Member States, the following shall apply: (a) the protection afforded to business users in this regulation shall apply regardless of the law applicable to other aspects of the contract by way of choice of the parties or otherwise; and (b) unless the contract includes the rules of this Regulation, a choice of competent court shall only be valid if it designates a court in: (i) the Member State where the business user has its habitual residence; or (ii) a Member State where the fulfilment of the contract is to take place.

Amendment 323 #

Proposal for a regulation
Article 13 a (new)

Article 13a Sanctions Member States shall lay down the penalties applicable to infringements of the provisions and obligations contained in this Regulation and shall take the necessary measures to apply them. Those penalties must be effective, proportionate and dissuasive.

Amendment 324 #

Proposal for a regulation
Article 13 b (new)

Article 13b Information required from online intermediaries 1. Member States shall ensure that online intermediaries provide all the information necessary for competent authorities to monitor and enforce compliance with the provisions of this Regulation, to assist the Commission in drawing up Guidelines as set out in Article 6 and to support the role of the Observatory in completing its tasks, set out in Article 2 of the Commission Decision of 26.4.2018 on setting up the group of experts for the Observatory on the Online Platform Economy. 2. Such information requirements shall include: (a) the main parameters determining ranking of offers and their relative importance presented to the consumer as result of his search query; (b) whether the third party offering the goods, services or digital content is a trader or not, on the basis of the declaration of that third party to the online intermediary service provider; (c) whether consumer rights stemming from Union consumer legislation apply or not to the contract concluded; (d) where the contract is concluded with a trader, which trader is responsible for ensuring the application of consumer rights stemming from Union consumer legislation in relation to the contract. This requirement is without prejudice to the responsibility that the online intermediary service provider may have or may assume with regard to specific elements of the contract; and (e) whether and how algorithms or automated decision making were used, to present offers or determine prices, including personalised pricing techniques. Member States may maintain or introduce in their national law additional information requirements and liability rules for contracts concluded on online marketplaces. 3. Undertakings shall provide such information promptly upon request and in conformity with the timescales and level of detail required. The information requested shall be proportionate to the performance of that task. The competent authority shall give the reasons justifying its request for information. 4. Where information is considered confidential by a competent authority in accordance with Union and national rules on business confidentiality or the protection of personal data, the competent authorities concerned shall ensure such confidentiality.

Amendment 325 #

Proposal for a regulation
Article 13 c (new)

Article 13c Liability rules Online intermediation services and not business users should be held liable for misleading information that business users have given to online intermediation services, if the business users have notified the online intermediation service about the misleading nature of the information provided. Online intermediation services should also be liable if they are the authors of misleading statements regarding the business users or the goods and services offered by the business users.

Amendment 326 #

Proposal for a regulation
Article 15 – paragraph 2

2. It shall apply from ~~[date: six~~twelve months following the day of its publication].

Amendment 327 #

2. It shall apply from [date: ~~six~~twelve months following the day of its publication].

Amendment 328 #

Proposal for a regulation
Article 15 – paragraph 2

2. It shall apply from [date: ~~six~~24 months following the day of its publication].

Amendment 329 #

Proposal for a regulation
Annex I (new)

Annex I Commercial practices to be regarded as unfair in all circumstances 1. Requiring the business user to use the online intermediation service provider’s ancillary services, including payment services, without the option to use any alternative methods. 2. Burdening the business user with a unilateral liability clause which causes an unfair transfer of risk. 3. Imposing retroactive contract clauses which are detrimental to the business user. 4. Maintaining the legal right to use the business user’s confidential information after the contract between the online intermediary service provider and the business user has expired.

Amendment 330 #

Proposal for a regulation
Annex I (new)

Annex I Unfair commercial practices Terms and conditions shall be regarded as unfair commercial practice within the meaning of this Regulation if they – require the business user to use the online intermediation service provider’s ancillary services, including payment services, without the option to use any alternative method in circumstances where this leads to a material detriment to the business user; – force the business user to an unexpected, unilateral liability clause; – require business users to accept clauses of exclusivity as regards the choice of law which are outside the Union’s jurisdiction; – prohibit the business user from also using a competing online intermediation service.

Amendment 45 #

Proposal for a regulation
Recital 1

(1) Online intermediation services are key enablers of digital trade and, in particular, entrepreneurship, trade and innovation, which can also improve consumer welfare and which are increasingly used by both the private and public sectors. They offer access to new markets and commercial opportunities allowing undertakings to exploit the benefits of the internal market. They also allow consumers in the Union to exploit those benefits, in particular by increasing their choice of goods and services ~~offered~~as well as by offering competitive prices online.

Amendment 46 #

Proposal for a regulation
Recital 2

(2) Online intermediation services can be crucial for the commercial success of undertakings who use such services to reach consumers. The growing intermediation of transactions through online intermediation services, fuelled by strong data-driven indirect network effects, lead to an increased dependence of such business users, including micro, small and medium-sized enterprises, on those services in order for them to reach consumers. Given that increasing dependence, the providers of those services often have superior bargaining power, which enables them to effectively behave unilaterally in a way that can be unfair and that can be harmful to the legitimate interests of their businesses users and, indirectly, also of consumers in the Union. It should thus be avoided that online intermediation services attain a dominant market position and undermine competition by using the power of network effects. It should also be avoided that by classifying workers as independent contractors, platforms may circumvent the requirements of labour law.

Amendment 47 #

Proposal for a regulation
Recital 2

(2) Online intermediation services can be ~~crucial~~an important element for the commercial success of undertakings who use such services to reach consumers. The growing intermediation of transactions through online intermediation services, fuelled by strong data-driven indirect network effects, lead to an increased dependence of such business users, including micro, small and medium-sized enterprises, on those services in order for them to reach consumers. Given that increasing dependence, the providers of those services often have superior bargaining power, which enables them to effectively behave unilaterally in a way that can be unfair and that can be harmful to the legitimate interests of their businesses users and, indirectly, also of consumers in the Union. At the same time, the functioning and market promotion of a small number of influential online platforms can also affect the work of other smaller online intermediary service providers.

Amendment 48 #

Proposal for a regulation
Recital 5

Amendment 49 #

Proposal for a regulation
Recital 5

(5) Online intermediation services and online search engines, as well as the commercial transactions facilitated by those services, have an intrinsic cross- border potential and are of particular importance for the proper functioning of the Union's internal market in today's economy. The potentially unfair and harmful trading practices of certain providers of those services in respect of business users and corporate website users may effectively limit the volume of sales by suppliers through on-line intermediation services and even undermine their market confidence, hampering the full realisation of that potential and negatively affecting the proper functioning of the internal market. In addition, the full realisation of that potential is hampered, and the proper functioning of the internal market is negatively affected, by significant regulatory disparities in the EU resulting from the diverging laws of certain Member States which, with a varying degree of effectiveness, regulate those services, while other Member States are considering adopting such laws.

Amendment 50 #

Proposal for a regulation
Recital 5

(5) Online intermediation services and online search engines, as well as the ~~commercial~~ transactions facilitated by those services, have an intrinsic cross- border potential and are of particular importance for the proper functioning of the Union's internal market in today's economy. The potentially unfair and harmful trading practices of certain providers of those services in respect of business users and corporate website users hamper the full realisation of that potential and negatively affect the proper functioning of the internal market. In addition, the full realisation of that potential is hampered, and the proper functioning of the internal market is negatively affected, by diverging laws of certain Member States which, with a varying degree of effectiveness, regulate those services, while other Member States are considering adopting such laws.

Amendment 51 #

Proposal for a regulation
Recital 5

(5) Online intermediation services and online search engines, as well as the ~~commercial~~ transactions facilitated by those services, have an intrinsic cross- border potential and are of particular importance for the proper functioning of the Union's internal market in today's economy. The potentially unfair and harmful trading practices of certain providers of those services in respect of business users and corporate website users hamper the full realisation of that potential and negatively affect the proper functioning of the internal market. In addition, the full realisation of that potential is hampered, and the proper functioning of the internal market is negatively affected, by diverging laws of certain Member States which, with a varying degree of effectiveness, regulate those services, while other Member States are considering adopting such laws.

Amendment 52 #

Proposal for a regulation
Recital 6

(6) A uniform and targeted set of mandatory rules should therefore be established at Union level to ensure a fair, predictable, sustainable and trusted online business environment within the internal market by ensuring, in particular, that the business users of online intermediation services are afforded appropriate transparency as well as effective redress possibilities throughout the Union. Those rules should also provide for appropriate ~~transparenc~~incentives to promote fair and proportionate business behaviour and transparency, especially as regards the ranking of corporate website users in the search results generated by online search engines, including voice assistants. At the same, those rules should be such as to safeguard the important innovation potential of the wider online platform economy and allow for a healthy competition leading to increased consumer choice.

Amendment 53 #

Proposal for a regulation
Recital 7

(7) Since online intermediation services and online search engines typically have a global dimension, this Regulation should apply to providers of those services regardless of whether they are established in a Member State or outside the Union, provided that two cumulative conditions are met. Firstly, the business users or corporate website users should be established in the Union. Secondly, the business users or corporate website users should, through the provision of those services, offer their goods or services to consumers or businesses located in the Union at least for part of the transaction. Such consumers should be located in the Union, but do not need to have their place of residence in the Union nor have the nationality of any Member State. Accordingly, this Regulation should not apply where the business users or corporate websites users are not established in the Union or where they are established in the Union but where they use online intermediation services or online search engines to offer goods or services exclusively to consumers located outside the Union or to persons who are not consumers.

Amendment 54 #

Proposal for a regulation
Recital 8

(8) A wide variety of business-to- consumer commercial relations are intermediated online by providers operating multi-sided services that are essentially based on the same ecosystem- building business model. In order to capture the relevant services, online intermediation services should be defined in a precise and technologically-neutral manner. In particular, the services should consist of information society services, which are characterised by the fact that they aim to facilitate the initiating of direct transactions between business users and consumers, irrespective of whether the transactions are ultimately concluded either online, on the online portal of the provider of the online intermediation services in question or that of the business user, or offline. In addition, the services should be provided on the basis of contractual relationships both between the providers and business users and between the providers and the consumers. Such a contractual relationship should be deemed to exist where both parties concerned express their intention to be bound in an unequivocal and verifiable manner, without an express written agreement necessarily being required. For the purpose of this Regulation, such a contractual relationship should also be deemed to exist where personal data or other data is provided as counter performance other than money. This shall encompass situations where the provider of a service requests and the end-user actively provides personal data, such as name or email address, or other data directly or indirectly, to the provider. It should also encompass situations where the provider collects information without the end-user actively supplying it, such as personal data, including the IP address, or other automatically generated information, such as information collected and transmitted by a cookie.

Amendment 55 #

Proposal for a regulation
Recital 8

(8) A wide variety of business-to- consumer commercial relations are intermediated online by providers operating multi-sided services that are essentially based on the same ecosystem- building business model. In order to capture the relevant services, online intermediation services should be defined in a precise and technologically-neutral manner. In particular, the services should consist of information society services, which are characterised by the fact that they aim to facilitate the initiating of direct transactions between business users and consumers, irrespective of whether the transactions are ultimately concluded either online, on the online portal of the provider of the online intermediation services in question or that of the business user, or offline. In addition, the services should be provided on the basis of contractual relationships both between the providers and business users and between the providers and the consumers. Such a contractual relationship should be deemed to exist where both parties concerned express their intention to be bound in an unequivocal and verifiable manner, without an express written agreement necessarily being required. The purpose of this Regulation is to establish provisions relating to those information society services which, in addition to the above requirements, perform a function of "intermediation" in an online marketplace. The mere presence of advertising on a webpage should not itself mean that the webpage falls under the scope of this Regulation.

Amendment 56 #

Proposal for a regulation
Recital 8

Amendment 57 #

Proposal for a regulation
Recital 8

Amendment 58 #

Proposal for a regulation
Recital 9

(9) Examples of online intermediation services covered by this Regulation should consequently include online e-commerce market places, including collaborative ones on which business users are active, online software applications services and online social media services. However, this Regulation should not apply to online advertising serving tools or online advertising exchanges which are not provided with the aim of facilitating the initiation of direct transactions and which do not involve a contractual relationship with consumers. This Regulation should also not apply to online payment services, since they do not themselves meet the applicable requirements but are rather inherently auxiliary to the transaction for the supply of goods and services to the consumers concerned. This Regulation does not apply to online services which sell goods or services through licensing agreements from rights-holder, since the online service provider fully manages the relationship with the consumer.

Amendment 59 #

Proposal for a regulation
Recital 9

Amendment 60 #

Proposal for a regulation
Recital 11

(11) For reasons of consistency, the definition of online search engine used in this Regulation should be aligned with the definition used in Directive (EU) 2016/1148 of the European Parliament and of the Council21 . This regulation does not apply to search functionalities which do not encompass, at least in principle, all websites, such as search functions within an online intermediation services or which is a feature of an operating system software. _________________ 21 Directive (EU) 2016/1148 of the European Parliament and of the Council concerning measures for a high common level of security of network and information systems across the Union (OJ L 194, 19.7.2016, p. 1).

Amendment 61 #

Proposal for a regulation
Recital 11

(11) For reasons of consistency, the definition of online search engine used in this Regulation should be aligned with the definition used in Directive (EU) 2016/1148 of the European Parliament and of the Council21 . However, considering the quick pace of innovation, the interpretation of the term should be made in the widest possible meaning. _________________ 21 Directive (EU) 2016/1148 of the European Parliament and of the Council concerning measures for a high common level of security of network and information systems across the Union (OJ L 194, 19.7.2016, p. 1).

Amendment 62 #

Proposal for a regulation
Recital 11

(11) For reasons of consistency, the definition of online search engine used in this Regulation should be aligned with the definition used in Directive (EU) 2016/1148 of the European Parliament and of the Council21 , clarifying that it should encompass the diversity of search engine services available on the market. _________________ 21 Directive (EU) 2016/1148 of the European Parliament and of the Council concerning measures for a high common level of security of network and information systems across the Union (OJ L 194, 19.7.2016, p. 1).

Amendment 63 #

Proposal for a regulation
Recital 11

(11) For reasons of consistency, the definition of online search engine used in this Regulation should be aligned with the definition used in Directive (EU) 2016/1148 of the European Parliament and of the Council21. This definition should be understood – including for the purposes of this regulation – to include voice-based searches. _________________ 21 Directive (EU) 2016/1148 of the European Parliament and of the Council concerning measures for a high common level of security of network and information systems across the Union (OJ L 194, 19.7.2016, p. 1).

Amendment 64 #

Proposal for a regulation
Recital 12

(12) In order to effectively protect business users where needed, this Regulation should apply where the terms and conditions of a contractual relationship, regardless of their name or form, are not individually negotiated by the parties to them. Whether or not terms and conditions were individually negotiated should be determined on the basis of an overall assessment, whereby the fact that certain provisions thereof may have been individually negotiated is, in itself, not decisive.deleted

Amendment 65 #

Proposal for a regulation
Recital 12

Amendment 66 #

Proposal for a regulation
Recital 12

(12) In order to effectively protect business users where needed, this Regulation should apply where the terms and conditions of a contractual relationship, regardless of their name or form, are not individually negotiated by the parties to them. Whether or not terms and conditions were individually negotiated should be determined on the basis of an overall assessment, whereby the fact that certain provisions thereof may have been individually negotiated is, in itself, not decisive.

Amendment 67 #

Proposal for a regulation
Recital 12

(12) In order to effectively protect business users where needed, this Regulation should apply ~~where the terms and conditions of a contractual relationship,~~ regardless of whetheir ~~name or form, are not individually negotiated by the parties to them. Whether or not terms and con~~the provider of an online intermediation~~s wer~~ service iand~~ividually negotiated should be determined on the basis of an overall assessment, whereby the fact that certain provisions thereof may have been individually negotiated is, in itself, not decisive~~ a business user are parties to an agreement that they individually negotiated.

Amendment 68 #

Proposal for a regulation
Recital 12

(12) In order to effectively protect business users where needed, this Regulation should apply ~~where the terms and conditions of a contractual relationship,~~ regardless of whetheir ~~name or form, are not individually negotiated by the parties to them. Whether or not terms and con~~the provider of an online intermediations were individually negotiated should be determined on the basis of an overall assessment, whereby the fact that certain provisions thereof may have been individually negotiated is, in itself, not decisive service and a business user are parties to an agreement that they individually negotiated.

Amendment 69 #

Proposal for a regulation
Recital 13

(13) To ensure that the general terms and conditions of a contractual relationship enable business users to determine the commercial conditions for the use, termination and suspension of online intermediation services, and to achieve predictability regarding their business relationship, those terms and conditions should be drafted in clear and unambiguous language which is easily understood by an average business user. Terms and conditions should not be considered to have been drafted in clear and unambiguous language where they are vague, unspecific or lack detail on important commercial issues and thus fail to give business users a reasonable degree of predictability on the most important aspects of the contractual relationship such as the provision of objective grounds for suspending or terminating the provision of services for business users.

Amendment 70 #

Proposal for a regulation
Recital 13

Amendment 71 #

Proposal for a regulation
Recital 13

Amendment 72 #

Proposal for a regulation
Recital 14

(14) Ensuring transparency in the general terms and conditions can be essential to promoting sustainable business relationships and to preventing unfair behaviour to the detriment of business users. Providers of online intermediation services should therefore also ensure that the terms and conditions are easily available at all stages of the contractual relationship, including to prospective business users at the pre-contractual phase, and that any modifications to those terms ~~are~~or to the functionality, interoperability and other main performance features of the online intermediation services are proactively notified to business users within a set notice period which is reasonable and proportionate in light of the specific circumstances and which is at least 1530 days. That notice period should not apply where, and to the extent that, it is waived in an unambiguous manner by the business user concerned or where, and to the extent that, the need to implement the modification without respecting the notice period stems from a legal obligation incumbent on the service provider under Union or national law or is necessary to protect the legitimate interests of users or the operation of the online intermediation service as such. In order to enable business users to enjoy the benefits of competition they should be entitled to terminate their agreement without payment of any fee within 30 days from the receipt of a notice of a modification which is materially to their detriment.

Amendment 73 #

Proposal for a regulation
Recital 14

(14) Ensuring transparency in the general terms and conditions can be essential to promoting sustainable business relationships and to preventing unfair behaviour to the detriment of business users. What is more, these terms and conditions should be objective, non- discriminatory, fair and reasonable. Providers of online intermediation services should therefore also ensure that the terms and conditions are easily available at all stages of the contractual relationship, including to prospective business users at the pre-contractual phase, and that any modifications to those terms are notified to business users within a set notice period which is reasonable and proportionate in light of the specific circumstances and which is at least 15 days. That notice period should not apply where, and to the extent that, it is waived in an unambiguous manner by the business user concerned or where, and to the extent that, the need to implement the modification without respecting the notice period stems from a legal obligation incumbent on the service provider under Union or national law.

Amendment 74 #

Proposal for a regulation
Recital 14

Amendment 75 #

Proposal for a regulation
Recital 15

(15) In order to protect business users ~~it should be possible for a competent court to establish that non-compliant terms and conditions are not binding on the business user~~, non-compliant terms and conditions should be concsiderned~~, with effects ex nunc. Any such finding by a co~~ null and void. Any such measurte should however only concern the specific provisions of the terms and conditions which are not compliant. The remaining provisions should remain valid and enforceable, in as far as they can be severed from the non- compliant provisions. Sudden modifications to existing terms and conditions may significantly disrupt business users' operations. In order to limit such negative effects on business users, and to discourage such behaviour, modifications made in contravention of the obligation to provide a set notice period, should therefore be null and void, that is, deemed to have never existed with effects erga omnes and ex tunc.

Amendment 76 #

Proposal for a regulation
Recital 15

(15) In order to protect business users it should be possible for a competent court to establish that non-compliant terms and conditions are not binding on the business user concerned, with effects ex nunc. Any such finding by a court should however only concern the specific provisions of the terms and conditions which are not compliant. The remaining provisions should remain valid and enforceable, in as far as they can be severed from the non- compliant provisions. Sudden modifications to existing terms and conditions may significantly disrupt business users' operations. In order to limit such negative effects on business users, and to discourage such behaviour, modifications made in contravention of the obligation to provide a set notice period, should therefore ~~be null and void, that is, deemed to have never existed with effects erga omnes and ex tunc~~enter into force only after the legal notice period has been completed and those at fault will be liable for damages.

Amendment 77 #

Proposal for a regulation
Recital 16

(16) A provider of online intermediation services can have legitimate reasons to decide to suspend or terminate the provision of its services, in whole or in part, to a given business user, including by delisting individual goods or services of a given business user or effectively removing search results. However, given that such decisions can significantly affect the interests of the business user concerned, they should be properly informed of the reasons thereof. The statement of reasons should allow business users to ascertain whether there is scope to challenge the decision, thereby improving the possibilities for business users to seek effective redress where necessary. In addition, requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content, in line with Commission Recommendation (EU) No 2018/33422 . In some cases, the decision of the provider of an online intermediation service is based on notifications by third parties. These notifications can be abused by competitors. Commission Recommendation (EU) No 2018/334 requires such notifications to be sufficiently precise and adequately substantiated to enable the hosting provider to take an informed and diligent decision in respect of the content to which the notice relates. Providers of online intermediation services should therefore be required to pass on the contents of the notification to the business user in cases where a decision to suspend or terminate the provision of its services following a notification from a third party, in order to allow the business user to easily refute obviously wrongful notices. The statement of reasons should identify the objective ground or grounds for the decision, based on the grounds that the provider had set out in advance in its terms and conditions, and refer in a proportionate manner to the relevant specific circumstances that led to that decision. Wherever possible a proportionate and gradual system should be put in place, including prior and timely notification before taking measures that will result in severing the access of the business to its customers. _________________ 22 Commission Recommendation (EU) No 2018/334 of 1 March 2018 on measures to effectively tackle illegal content online (OJ L 63, 6.3.2018, p. 50).

Amendment 78 #

Proposal for a regulation
Recital 16

(16) A provider of online intermediation services can have legitimate reasons to decide to restrict, suspend or terminate the provision of its services, in whole or in part, to a given business user, including by delisting individual goods or services of a given business user or effectively removing search results. Penalties may be imposed on business users for various reasons, for example breach of agreed terms and conditions or of EU competition or consumer law. However, given that such decisions can significantly affect the interests of ~~the~~ business user ~~concerned~~s and their fundamental rights, such as freedom to engage in a business activity, they should be properly informed of the reasons thereof as soon as possible. The statement of reasons should contain detailed information allowing business users to ascertain whether there is scope to challenge the decision, thereby improving the possibilities for business users to seek effective redress where necessary. In addition, requiring a corresponding statement of reasons as soon as possible should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content, in line with Commission Recommendation (EU) No 2018/33422 . The statement of reasons should identify clearly and in detail the objective ground or grounds for the decision, based on the grounds that the provider had set out in advance in its terms and conditions, and refer in a proportionate manner to the relevant specific circumstances that led to that decision. _________________ 22 Commission Recommendation (EU) No 2018/334 of 1 March 2018 on measures to effectively tackle illegal content online (OJ L 63, 6.3.2018, p. 50).

Amendment 79 #

Proposal for a regulation
Recital 16

(16) A provider of online intermediation services can have legitimate reasons to decide to suspend or terminate the provision of its services, in whole or in part, to a given business user, including by delisting individual goods or services of a given business user or effectively removing search results. This could include violation of the terms and conditions, as well as suspicion of business user violation which could be harmful to the consumer or to the platform (for example, but not limited to : security issues, fraud, phishing, illegal and harmful content). However, given that such decisions can significantly affect the interests of the business user concerned, they should be properly informed of the reasons thereof. The statement of reasons should allow business users to ascertain whether there is scope to challenge the decision, thereby improving the possibilities for business users to seek effective redress where necessary. In addition, requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content, in line with Commission Recommendation (EU) No 2018/33422 . The statement of reasons should identify the objective ground or grounds for the decision, based on the grounds that the provider had set out in advance in its terms and conditions, and refer in a proportionate manner to the relevant specific circumstances that led to that decision. However, such statement of reasons should not be provided if the information could help a business user suspected of performing practices that are harmful to the consumers or to the platform, as highlighted above, maintain or improve their harmful practices. _________________ 22 Commission Recommendation (EU) No 2018/334 of 1 March 2018 on measures to effectively tackle illegal content online (OJ L 63, 6.3.2018, p. 50).

Amendment 80 #

Proposal for a regulation
Recital 17

(17) The ranking of goods and services by the providers of online intermediation services has an important impact on consumer choice and, consequently, on the commercial success of the business users offering those goods and services to consumers. Providers of online intermediation services should therefore outline the main parameters determining ranking beforehand, in order to improve predictability for business users, to allow them to better understand the functioning of the ranking mechanism and to enable them to compare the ranking practices of various providers. The notion of main parameter should be understood to refer to any general criteria, processes, specific signals incorporated into algorithms or other adjustment or demotion mechanisms used in connection with the ranking. The description of the main parameters determining ranking should also include an explanation of any possibility for business users to actively influence ranking against remuneration, as well as of the relative effects thereof. This description should provide business users with an adequate understanding of how the ranking mechanism takes account of the characteristics of the actual goods or services offered by the business user, and their ~~relevance to the consumers of the specific online intermediation services.~~ benefit to the consumers of the specific online intermediation services. When displaying the results, the online intermediation service shall also disclose close to each ranking whether it has been influenced against direct or indirect remuneration, contractual or direct ownership relationship. In some cases, providers of online intermediation services may decide to influence the ranking in a specific case or remove a product or service from a ranking based on notifications by third parties. In these cases, the business user should be notified and the online intermediation service should also include the specific grounds and circumstances leading to the decision, as well as the contents of the notice, in order to allow the business user to easily refute obviously wrongful notices.

Amendment 81 #

Proposal for a regulation
Recital 17

(17) The ranking of goods and services by the providers of online intermediation services has an important impact on consumer choice and, consequently, on the commercial success of the business users offering those goods and services to consumers. Providers of online intermediation services should therefore clearly and precisely outline the main parameters determining ranking beforehand, in order to improve predictability for business users, to allow them to better understand the functioning of the ranking mechanism and to enable them to compare the ranking practices of various providers. The notion of main parameter should be understood to refer to any general criteria, processes, specific signals incorporated into algorithms or other adjustment or demotion mechanisms used in connection with the ranking. The description of the main parameters determining ranking should also include an explanation of any possibility for business users to actively influence ranking against remuneration, as well as of the relative effects thereof. This description should provide business users with an adequate understanding of how the ranking mechanism takes account of the characteristics of the actual goods or services offered by the business user, and their relevance to the consumers of the specific online intermediation services. Online intermediation service providers should also provide consumers with a description of the parameters that affect ranking. The parameters should be objective and non-discriminatory and should be applied in a consistent and non-discriminatory way.

Amendment 82 #

Proposal for a regulation
Recital 17

(17) The ranking of goods and services by the providers of online intermediation services has an important impact in terms of digital market competitiveness and on consumer choice and, consequently, on the commercial success of the business users offering those goods and services to consumers. Providers of online intermediation services should therefore outline the main parameters determining ranking beforehand, in order to improve predictability for business users, to allow them to better understand the functioning of the ranking mechanism and to enable them to compare the ranking practices of various providers. The notion of main parameter should be understood to refer to any general criteria~~, processes, specific signals incorporated into algorithms or other adjustment or demotion mechanisms~~ used in connection with the ranking. The description of the main parameters determining ranking should also include an explanation of any possibility for business users to actively influence ranking against remuneration, as well as of the relative effects thereof. This description should provide business users with an adequate understanding of how the ranking mechanism takes account of the characteristics of the actual goods or services offered by the business user, and their relevance to the consumers of the specific online intermediation services.

Amendment 83 #

Proposal for a regulation
Recital 18

(18) Similarly, the ranking of websites by the providers of online search engines, notably of those websites through which undertakings offer goods and services to consumers, has an important impact on consumer choice and the commercial success of corporate website users. Providers of online search engines should therefore provide a description of the main parameters determining the ranking of all indexed websites, including those of corporate website users as well as other websites. In addition to the characteristics of the goods and services and their relevance for consumers, this description should in the case of online search engines also allow corporate website users to obtain an adequate understanding of whether, and if so how and to what extent, certain design characteristics of the website used, such as their optimisation for display on mobile telecommunications devices, is taken into account. In the absence of a contractual relationship between providers of online search engines and corporate website users, that description should be available to the public in an obvious and easily accessible location on the relevant online search engine. To ensure predictability for corporate website users, the description should also be kept up to date, including the possibility that any changes to the main parameters should be made easily identifiable. Whilst the providers are under no circumstances required to disclose any trade secrets as defined in Directive (EU) 2016/943 of the European Parliament and of the Council23 when complying with this requirement to disclose the main ranking parameters, the description given should at least be based on actual data on the relevance of the ranking parameters used. For the avoidance of doubt, any obligation on online search engines to ensure that the description of the main parameters determining ranking is kept up to date shall not require online search engines to reveal any trade secrets as defined in Article 2(1) of Directive (EU) 2016/943. _________________ 23 Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (OJ L 157, 15.6.2016, p. 1).

Amendment 84 #

Proposal for a regulation
Recital 18

(18) Similarly, the ranking of websites by the providers of online search engines, notably of those websites through which undertakings offer goods and services to consumers, has an important impact on consumer choice and the commercial success of corporate website users. Providers of online search engines should therefore provide a clear and precise description of the main parameters determining the ranking of all indexed websites, including those of corporate website users as well as other websites. In addition to the characteristics of the goods and services and their relevance for consumers, this description should in the case of online search engines also allow corporate website users to obtain an adequate understanding of whether, and if so how and to what extent, certain design characteristics of the website used, such as their optimisation for display on mobile telecommunications devices, is taken into account. In the absence of a contractual relationship between providers of online search engines and corporate website users, that description should be available to the public in an obvious and easily accessible location on the relevant online search engine. To ensure predictability for corporate website users, the description should also be kept up to date, including the possibility that any changes to the main parameters should be made easily identifiable. Whilst the providers are under no circumstances required to disclose any trade secrets as defined in Directive (EU) 2016/943 of the European Parliament and of the Council23 when complying with this requirement to disclose the main ranking parameters, the description given should at least be based on actual data on the relevance of the ranking parameters used. A description of these main parameters should also be available to consumers. The parameters should be objective and non-discriminatory and should be applied in a consistent and non-discriminatory way. _________________ 23 Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (OJ L 157, 15.6.2016, p. 1).

Amendment 85 #

Proposal for a regulation
Recital 18

Amendment 86 #

Amendment 87 #

Proposal for a regulation
Recital 19

(19) Where a provider of online intermediation services itself offers certain goods or services to consumers through its own online intermediation services, or does so through a business user which it controls, that provider may compete directly with other business users of its online intermediation services which are not controlled by the provider. In this case, the online intermediation services provider has both an economic incentive and the power to use its privileged position to give its own services or those it controls economic and technical benefits, and to refuse to grant those benefits to competing user companies. If it does this, it denies competing user companies a level playing field to conduct their business, and this can, in turn, be detrimental to consumers by reducing choice, increasing costs and restricting access to information and online services. In such situations, in particular, it is important that the provider of online intermediation services acts in a transparent manner and provides a description of any differentiated treatment, whether through legal, commercial or technical means, that it might give in respect of goods or services it offers itself compared to those offered by business users. For the purposes of this regulation, the concept of a competing service should be understood as a service which consumers consider interchangeable or substitutable because of its characteristics, price or usage. To ensure proportionality, this obligation should apply at the level of the overall online intermediation services, rather than at the level of individual goods or services offered through those services.

Amendment 88 #

Proposal for a regulation
Recital 19

(19) Where a provider of online intermediation services itself offers certain goods or services to consumers through its own online intermediation services, or does so through a business user which it controls, that provider may compete directly with other business users of its online intermediation services which are not controlled by the provider. In such situations, in particular, it is important that the provider of online intermediation services acts in a transparent manner and provides a description of any differentiated treatment, whether through legal, commercial or technical means, that it might give in respect of goods or services it offers itself compared to those offered by business users. To ensure proportionality, this obligation should apply at the level of the overall online intermediation services, rather than at the level of individual goods or services offered through those services. Furthermore, consumers often rely on services configured by default without being informed about competing goods and services, and could face technical or economic barriers if they want to choose a competing service. Providers of online intermediation services should therefore not be allowed to provide any good or service under their direct or indirect control as a default option without first giving consumers the possibility to select among different competing options available when using the online intermediation service for the first time. The consumer should not be obliged to choose a default option. An online intermediation service provider’s goods or services should be considered to compete with those of its business users where the good or service can be considered as interchangeable or substitutable by consumers using the online intermediation service.

Amendment 89 #

Proposal for a regulation
Recital 19

(19) Where a provider of online intermediation services itself offers certain goods or services to consumers through its own online intermediation services, or does so through a business user which it controls, that provider may compete directly with other business users of its online intermediation services which are not controlled by the provider. Such a provider will have an economic incentive and the ability to use its control over the online intermediation service to provide technical or economic advantages to its own offerings, or those offered through a business user which it controls, that it denies to competing business users. When a provider of online intermediation services exercises this ability, its conduct deprives such competing business users of equality of opportunity and can lead to consumer harm by reducing their choices, increasing their costs, and withholding critical information from them. In such situations, in particular, it is important that the provider of online intermediation services acts in a transparent manner and provides a description of any differentiated treatment, whether through legal, commercial or technical means, that it might give in respect of goods or services it offers itself compared to those offered by business users. To ensure proportionality, this obligation should apply at the level of the overall online intermediation services, rather than at the level of individual goods or services offered through those services.

Amendment 90 #

Proposal for a regulation
Recital 19

Amendment 91 #

Proposal for a regulation
Recital 19 a (new)

Amendment 92 #

Proposal for a regulation
Recital 19 a (new)

(19a) It is equally important that online intermediation service providers do not engage in unfair commercial practices (including commercial behaviour or the inclusion of unfair contractual terms) which have a materially detrimental impact on competition or on choice for consumers. The relative bargaining strength of the online intermediary and the business user, along with any other relevant factors, should be considered in determining whether a commercial practice is unfair.

Amendment 93 #

Proposal for a regulation
Recital 19 a (new)

Amendment 94 #

Proposal for a regulation
Recital 19 a (new)

(19a) For purposes of this Regulation, a provider’s service competes with those of its other business users if it is regarded as interchangeable or substitutable by consumers of the online intermediation service, including by reason of the characteristics, prices, or intended uses of the services.

Amendment 95 #

Proposal for a regulation
Recital 19 b (new)

(19b) In certain cases, the asymmetry in bargaining power between online intermediation services and other business users results in a significant imbalance in the parties’ rights and obligations under the applicable contract, causing harm to the business user. In such cases, the provider of online intermediation service must apply fair treatment to the business user, in such a way that they do not materially impair other business users’ ability and freedom to do business. Given the high likelihood of harm to consumers inherent in situations where a provider of online intermediation services competes with other business users, including by reducing the consumers’ choices, increasing their costs, and withholding critical information from them, the obligation to provide fair treatment shall include ensuring that consumers who access services through the online intermediation service have the right and ability to select and use the services of their choice, without facing any undue burdens, such as where the provider ignores or overrides consumers’ choices of default settings. A provider of online intermediation services also fails to provide fair treatment where it does not afford competing business users with all information necessary for them to achieve the same level and quality of interoperability with the online intermediation service, and any ancillary services, as are available to the provider itself, and where it implements practices that directly or indirectly provide technical or economic advantages to its own offerings that it denies to competing business users. Fair treatment also requires the provider to refrain from interfering in the commercial relationship between competing business users and consumers of their services, including by blocking or otherwise restricting the flow of information and communication between them, including advertising and marketing.

Amendment 96 #

Proposal for a regulation
Recital 19 b (new)

Amendment 97 #

Proposal for a regulation
Recital 20

(20) The ability to access and use data, including personal data, can enable important value creation in the online platform economy. Accordingly, it is important that providers of online intermediation services provide business users with a clear description of the scope, nature and conditions of their access to and use of certain categories of data. The description should be proportionate and might refer to general access conditions, rather than an exhaustive identification of actual data, or categories of data, in order to enable business users to understand whether they can use the data to enhance value creation, including by possibly retaining third-party data services. ~~Processing of personal data should comply with~~This Regulation requires the online intermediation service providers to be transparent about what data they provide to their business users but does not establish any requirement to disseminate personal or non-personal data to the business users. In all cases, processing of personal data should comply with the Union legal framework on the protection of natural persons with regard to the processing of personal data, and on respect for private life and the protection of personal data in electronic communications, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council.24, Directive (EU) 2016/68024a and Directive 2002/58/EC24b. _________________ 24 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Text with EEA relevant) (OJ L 119, 4.5.2016, p. 1). 24a Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA. 24b Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications).

Amendment 98 #

Proposal for a regulation
Recital 21

(21) Providers of online intermediation services might in certain cases restrict in the terms and conditions the ability of business users to offer goods or services to consumers under more favourable conditions through other means than through those online intermediation services. In those cases, the providers concerned should set out the grounds for doing so, in particular with reference to the main economic, commercial or legal considerations for the restrictions. This transparency obligation should however not be understood as affecting the assessment of the legality of such restrictionSuch restrictions should not be admissible, as they deprive business users from exercising their entrepreneurial freedom to set the conditions and means of sale of their own products uand~~er other acts of Union law or the law of Member States in accordance with Union law, includ~~ services, and may also harm consumers by preventing in them a~~reas of competition and unfair commercial practices, and the application of such laws~~ccess to a wider choice.

Amendment 99 #