2018/0112(COD) Fairness and transparency for business users of online intermediation services
Lead committee dossier:
Progress: Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | IMCO |
SCHALDEMOSE Christel ( S&D)
|
JUVIN Philippe ( PPE),
DALTON Daniel ( ECR),
CHARANZOVÁ Dita ( ALDE),
REDA Felix ( Verts/ALE),
ZULLO Marco ( EFDD)
|
| Committee Opinion | ITRE |
ZÁBORSKÁ Anna ( PPE)
|
Amjad BASHIR ( ECR),
Angelika MLINAR ( ALDE),
Julia REDA ( Verts/ALE)
|
| Committee Opinion | TRAN |
ȚAPARDEL Claudia ( S&D)
|
Mark DEMESMAEKER ( ECR),
Merja KYLLÖNEN ( GUE/NGL)
|
| Committee Opinion | JURI |
ZAMMIT DIMECH Francis ( PPE)
|
Marie-Christine BOUTONNET ( ENF),
Sajjad KARIM ( ECR),
Jiří MAŠTÁLKA ( GUE/NGL),
Julia REDA ( Verts/ALE)
|
Lead committee dossier:
Legal Basis:
TFEU 114
Legal Basis:
TFEU 114Subjects
Events
2019/08/08
EC - Commission response to text adopted in plenary
Documents
2019/07/11
Final act published in Official Journal
Details
PURPOSE: to establish a fair, predictable, sustainable and trusted online business environment within the internal market.
LEGISLATIVE ACT: Regulation (EU) 2019/1150 of the European Parliament and of the Council on promoting fairness and transparency for business users of online intermediation services.
CONTENT: the Regulation establishes a legal framework to ensure the transparency of general terms and conditions for companies using online intermediation services and users of corporate websites in relation to search engines, as well as effective remedies where these general terms and conditions are not respected by online platforms.
Scope of application
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 those 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 and irrespective of the law otherwise applicable.
This Regulation shall not apply to online payment services or to online advertising tools or online advertising exchanges, which are not provided with the aim of the facilitating the initiation of direct transactions and which do not involve a contractual relationship with consumers.
Transparency of the general conditions
Providers of online intermediation services shall ensure that their terms and conditions:
- are drafted in plain and intelligible language;
- are easily available to business users at all stages of their commercial relationship with the provider of online intermediation services, including in the pre-contractual stage;
- set out the grounds for decisions to suspend or terminate or impose any other kind of restriction upon, in whole or in part, the provision of their online intermediation services to business users;
- include information on any additional distribution channels and potential affiliate programmes through which providers of online intermediation services might market goods and services offered by business users;
- include general information regarding the effects of the terms and conditions on the ownership and control of intellectual property rights of business users.
Providers of online intermediation services shall notify, on a durable medium, to the business users concerned any proposed changes of their terms and conditions.
Restriction, suspension and termination
Where a provider of online intermediation services decides to restrict or suspend the provision of its online intermediation services to a given business user in relation to individual goods or services offered by that business user, it shall provide the business user concerned, prior to or at the time of the restriction or suspension taking effect, with a statement of reasons for that decision on a durable medium.
Where a provider of online intermediation services decides to terminate the provision of the whole of its online intermediation services to a given business user, it shall provide the business user concerned, at least 30 days prior to the termination taking effect, with a statement of reasons for that decision on a durable medium.
Ranking of internet sites
The Regulation obliges 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.
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.
Providers of online intermediation services and providers of online search engines shall not be required to disclose algorithms or any information that, with reasonable certainty, would result in the enabling of deception of consumers or consumer harm through the manipulation of search results.
Differentiated treatment
Providers of online intermediation services shall include in their terms and conditions a description of any differentiated treatment which they give, or might give, in relation to goods or services offered to consumers through those online intermediation services by, on the one hand, either that provider itself or any business users which that provider controls and, on the other hand, other business users. That description shall refer to the main economic, commercial or legal considerations for such differentiated treatment.
Internal complaint-handling system
Providers of online intermediation services shall provide for an internal system for handling the complaints of business users. That internal complaint-handling system shall be easily accessible and free of charge for business users and shall ensure handling within a reasonable time frame. Information on the effectiveness of their internal complaints handling system shall be publicly available and verified at least once a year.
In addition, providers of online intermediation services shall indicate in their general terms and conditions two or more independent mediators with whom they are prepared to contact in order to reach an agreement with the user companies on the out-of-court settlement of any dispute between the supplier and a user company.
The Regulation also establishes the right for representative organisations and associations or public bodies to initiate judicial proceedings against providers of online intermediation services or of online search engines that do not comply with the requirements of the Regulation.
Organisations or associations shall fully and publicly disclose information on their membership and source of financing.
Control
The Commission, in close cooperation with Member States, shall closely monitor the impact of this Regulation on relationships between online intermediation services and their business users and between online search engines and corporate website users.
It shall encourage platforms to set up bodies composed of independent specialised mediators and the development of codes of conduct.
ENTRY INTO FORCE: 31.7.2019.
APPLICATION: from 12.7.2020.
2019/06/20
CSL - Draft final act
Documents
2019/06/20
CSL - Final act signed
2019/06/20
EP - End of procedure in Parliament
2019/06/14
EP/CSL - Act adopted by Council after Parliament's 1st reading
2019/06/14
CSL - Council Meeting
2019/04/17
EP - Results of vote in Parliament
Documents
2019/04/17
EP - Decision by Parliament, 1st reading
Details
The European Parliament adopted by 632 votes to 22, with 3 abstentions, a legislative resolution on promoting fairness and transparency for business users of online intermediation services.
The European Parliament’s position adopted at first reading under the ordinary legislative procedure amended the Commission proposal as follows:
Subject-matter
The purpose of this Regulation is to contribute to the proper functioning of the internal market by laying 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 not apply to online payment services or to online advertising tools or online advertising exchanges, which are not provided with the aim of the facilitating the initiation of direct transactions and which do not involve a contractual relationship with consumers.
Terms and conditions
Providers of online intermediation services shall ensure that their terms and conditions:
- are drafted in plain and intelligible language;
- are easily available to business users at all stages of their commercial relationship with the provider of online intermediation services, including in the pre-contractual stage;
- set out the grounds for decisions to suspend or terminate or impose any other kind of restriction upon, in whole or in part, the provision of their online intermediation services to business users;
- include information on any additional distribution channels and potential affiliate programmes through which providers of online intermediation services might market goods and services offered by business users;
- include general information regarding the effects of the terms and conditions on the ownership and control of intellectual property rights of business users.
Providers of online intermediation services shall notify, on a durable medium, to the business users concerned any proposed changes of their terms and conditions.
The proposed changes shall not be implemented before the expiry of a notice period which is reasonable and proportionate to the nature and extent of the envisaged changes 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 proposed changes. Providers of online intermediation services shall grant longer notice periods when this is necessary to allow business users to make technical or commercial adaptations to comply with the changes.
The business user concerned shall have the right to terminate the contract with the provider of online intermediation services before the expiry of the notice period.
In general, submitting new goods or services, including software applications, to the online intermediation services should be considered to be clear affirmative action, resulting in the waiving, by the business user, of the notice period required for changes to the terms and conditions.
However, in cases where the reasonable and proportionate notice period is longer than 15 days because the changes to the terms and conditions require the business user to make significant technical adjustments to its goods or services, the notice period should not be considered to be automatically waived where the business user submits new goods and services.
Restriction, suspension and termination
Where a provider of online intermediation services decides to restrict or suspend the provision of its online intermediation services to a given business user in relation to individual goods or services offered by that business user, it shall provide the business user concerned, prior to or at the time of the restriction or suspension taking effect, with a statement of reasons for that decision on a durable medium.
Where a provider of online intermediation services decides to terminate the provision of the whole of its online intermediation services to a given business user, it shall provide the business user concerned, at least 30 days prior to the termination taking effect.
In the case of restriction, suspension or termination, the provider of online intermediation services shall give the business user the opportunity to clarify the facts and circumstances in the framework of the internal complaint-handling process referred to in Regulation.
Ranking of internet sites
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. 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.
Providers of online intermediation services and providers of online search engines shall not be required to disclose algorithms or any information that, with reasonable certainty, would result in the enabling of deception of consumers or consumer harm through the manipulation of search results.
Ancillary goods and services
A new article stipulates that where ancillary goods and services, including financial products, are offered to consumers through the online intermediation services, either by the provider of online intermediation services or by third parties, the provider of online intermediation services shall set out in its terms and conditions a description of the type of ancillary goods and services offered and a description of whether and under which conditions the business user is also allowed to offer its own ancillary goods and services through the online intermediation services.
Judicial proceedings by representative organisations or associations and by public bodies
The decision-making process of associations and bodies shall not be unduly influenced by any third party providers of financing, in particular by providers of online intermediation services or of online search engines. To this end, organisations or associations shall fully and publicly disclose information on their membership and source of financing.
The Commission shall encourage Member States to exchange best practices and information with other Member States, based on registries of unlawful acts which have been subject to injunction orders before national courts, where such registries are set up by relevant public bodies or authorities.
Control
The Commission, in close cooperation with Member States, shall closely monitor the impact of this Regulation on relationships between online intermediation services and their business users and between online search engines and corporate website users. Member States shall assist the Commission by providing, upon request, any relevant information gathered including about specific cases.
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, including SMEs and their representative organisations.
Documents
2019/04/16
EP - Debate in Parliament
Documents
2019/02/20
EP - Approval in committee of the text agreed at 1st reading interinstitutional negotiations
Documents
2018/12/12
EP - Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71)
2018/12/10
EP - Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71)
2018/12/07
EP - Committee report tabled for plenary, 1st reading
Details
The Committee on the Internal Market and Consumer Protection adopted the report by Christel SCHALDEMOSE (S&D, DK) on the proposal for a regulation of the European Parliament and of the Council on promoting fairness and transparency for business users of online intermediation services.
The Committee on Legal Affairs, exercising its prerogative as an associated committee in accordance with Rule 54 of the Rules of Procedure, also gave its opinion on the report.
The committee recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the Commission's proposal.
Subject matter : the proposed 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.
Scope : Members stressed that a distinction between business users and non-business users of online intermediation services is important. They proposed that 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 have the possibility to express whether they are business users or not, and in the case of business users, fulfil their stricter obligations towards consumers.
The proposed Regulation shall not apply to online payment services or to online advertising serving tools or online advertising exchanges which are not provided with the aim of the facilitating the initiation of direct transactions and which do not involve a contractual relationship with consumers .
Terms and conditions : Members called for them to be fair and proportionate and drafted in plain and intelligible language ; in cases where changes to the terms and conditions require the business user to make significant technical adjustments to their goods or services, the notice period should be at least 30 days instead of 15 days.
Providers of online intermediation services shall 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 .
Suspension and termination : where a provider of online intermediation services decides to apply sanctions, such as suspend, de-list or terminate , in whole or in part, the provision of its online intermediation services to a given business user, it shall inform and provide the business user concerned, without undue delay, with a clear and coherent statement of reasons for that decision.
Ancillary goods and services : the amended text proposed to introduce the d efinition of ‘ancillary goods and services’ to mean goods and services offered to the consumer in addition to and as complementary to the primary good or service offered by the business user through the platform. The purpose is to make sure that wherever goods and services are offered to consumers through platforms, the latter would be obliged to set out in their terms and conditions clearly and visibly to the consumer a description of the services, who provides them and under which terms and conditions.
More transparency on additional channels : providers of online intermediation services shall ensure transparency towards their business users regarding any additional channels and potential affiliate programmes that the online intermediation service may use to markets aid goods or services.
More transparency in the ranking parametres : Members stressed that providers of online intermediation services shall set out in their terms and conditions the parameters determining ranking and the reasons for the relative importance of those parameters. When displaying the results, the online intermediation service shall also disclose close to each ranking whether it has been influenced by differentiated treatment or by any direct or indirect remuneration, contractual or direct ownership relation.
Access to data : p roviders shall adequately inform the public 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.
Providers of online intermediation services shall grant each business user access to anonymised consumer data , in a machine readable commonly used and standardised format. 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.
Mediation : p roviders 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, with a view to reaching an agreement on the settlement of the dispute .
Liability rules : online intermediation services and not business users shall 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 shall 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.
The Platform Observatory and review of the regulation : Members considered that since the Platform Observatory shall be tasked with an important role in monitoring the developments in the online platform economy and the application of this regulation, it should be established as a body under this Regulation rather than as an expert group.
Documents
2018/12/06
EP - Vote in committee, 1st reading
2018/12/06
EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2018/11/29
CSL - Council Meeting
2018/11/27
EP - Committee opinion
Documents
2018/11/23
EP - Committee opinion
Documents
2018/11/23
EP - Committee opinion
Documents
2018/10/16
FR_SENATE - Contribution
Documents
2018/10/08
EP - Amendments tabled in committee
Documents
2018/10/08
EP - Amendments tabled in committee
Documents
2018/10/08
EP - Amendments tabled in committee
Documents
2018/09/19
ESC - Economic and Social Committee: opinion, report
Documents
2018/09/13
EP - Referral to associated committees announced in Parliament
2018/09/10
EP - Committee draft report
Documents
2018/08/16
CZ_SENATE - Contribution
Documents
2018/08/10
EP - ȚAPARDEL Claudia (S&D) appointed as rapporteur in TRAN
2018/07/09
EP - ZAMMIT DIMECH Francis (PPE) appointed as rapporteur in JURI
2018/07/05
NL_SENATE - Contribution
Documents
2018/07/01
PT_PARLIAMENT - Contribution
Documents
2018/06/19
EP - SCHALDEMOSE Christel (S&D) appointed as rapporteur in IMCO
2018/06/13
CZ_CHAMBER - Contribution
Documents
2018/05/30
EP - ZÁBORSKÁ Anna (PPE) appointed as rapporteur in ITRE
2018/05/28
EP - Committee referral announced in Parliament, 1st reading
2018/04/26
EC - Document attached to the procedure
Documents
2018/04/26
EC - Document attached to the procedure
Documents
2018/04/26
EC - Legislative proposal published
Details
PURPOSE: to establish a fair, predictable, sustainable and trusted online business environment within the internal market.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: online platforms are key enablers of digital trade. At present, more than a million EU enterprises trade through online platforms in order to reach their customers , and it is estimated that around 60% of private consumption and 30% of public consumption of goods and services related to the total digital economy are transacted via online intermediaries.
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.
The dependence of businesses on certain online services implies that the providers of such online intermediation services have a scope to engage in a number of potentially harmful trading practices which limit business users' sales through them and risk undermining their trust, notably:
unexplained changes in terms and conditions without prior notice; the delisting of goods or services and the suspension of accounts without a clear statement of reasons; lack of transparency related to the ranking of goods and services and of the undertakings offering them; unclear conditions for access to, and use of, data collected by providers.
Furthermore, online general search engines exhibit a dependency-enabled issue, specifically for potentially harmful ranking practices, which may affect business users.
Building on extensive stakeholder consultation, this initiative contributes to the objectives of the digital single market strategy by creating a clear, transparent and stable legal environment for online B2C service providers and their business users, in order to combat market fragmentation and ensure that businesses using online intermediation services have access to redress opportunities throughout the Union.
IMPACT ASSESSMENT: the optimal policy choice aims to provide legally binding transparency and redress obligations on the full range of potentially harmful trading practices identified as part of this initiative, including transparency for the issue of ranking in online general search. The Commission considers that the proposal should be capable of reversing a dampening effect on the online platform economy resulting from a lack of trust of business users amounting to at least between EUR 810 million and EUR 4 billion.
CONTENT: the proposed new Regulation:
lays down obligations for providers of online intermediation services and, in certain respects, online search engines to provide business users and corporate website users, respectively, with appropriate transparency and to offer them certain redress possibilities ; obliges providers of online intermediation services to ensure that their terms and conditions : (i) are drafted in clear and unambiguous language; (ii) are easily available for business users; (iii) 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; establishes requirements for a statement of reasons from a provider of online intermediation services if it suspends or terminates the use by a business user of its intermediation services; establishes requirements for a description of the main parameters determining ranking of business users in search results, including a description where ranking is influenced by the business user giving direct or indirect remuneration to them, in the terms and conditions used by providers of online intermediation services; establishes a requirement to include a description of the access to personal data or other data which business users or consumers provide to online intermediation services or which are generated through those services, in the standard terms and conditions used by providers of online intermediation services; establishes a requirement for providers of online intermediation services to list in their terms and conditions one or more mediators with which the provider is willing to engage to reach an agreement out of court on a dispute, for instance where an issue has not been resolved by the internal complaint handling system ; establishes a requirement for the Commission to encourage providers of online intermediation services to individually or jointly set up one or more independent mediator organisations to facilitate the settlement, out of court, of disputes that arise in the course of online intermediation services, particularly given their cross-border nature; establishes a right for judicial proceedings to be brought by representative organisations , associations or public bodies to stop or prohibit any non-compliance by providers of online intermediation services with the requirements contained in the Regulation.
Documents
2018/02/20
CSL - Coreper letter confirming interinstitutional agreement
Documents
Documents
- Commission response to text adopted in plenary: SP(2019)440
- Final act published in Official Journal: Regulation 2019/1150
- Final act published in Official Journal: OJ L 186 11.07.2019, p. 0057
- Draft final act: 00056/2019/LEX
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T8-0398/2019
- Debate in Parliament: Debate in Parliament
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: GEDA/A/(2019)001752
- Committee report tabled for plenary, 1st reading: A8-0444/2018
- Committee opinion: PE628.386
- Committee opinion: PE626.844
- Committee opinion: PE627.047
- Contribution: COM(2018)0238
- Amendments tabled in committee: PE628.476
- Amendments tabled in committee: PE628.584
- Amendments tabled in committee: PE628.585
- Economic and Social Committee: opinion, report: CES2619/2018
- Committee draft report: PE627.635
- Contribution: COM(2018)0238
- Contribution: COM(2018)0238
- Contribution: COM(2018)0238
- Contribution: COM(2018)0238
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2018)0138
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2018)0139
- Legislative proposal published: COM(2018)0238
- Legislative proposal published: EUR-Lex
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2019)001752
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2019)001752
- Document attached to the procedure: EUR-Lex SWD(2018)0138
- Document attached to the procedure: EUR-Lex SWD(2018)0139
- Committee draft report: PE627.635
- Economic and Social Committee: opinion, report: CES2619/2018
- Amendments tabled in committee: PE628.476
- Amendments tabled in committee: PE628.584
- Amendments tabled in committee: PE628.585
- Committee opinion: PE626.844
- Committee opinion: PE627.047
- Committee opinion: PE628.386
- Draft final act: 00056/2019/LEX
- Commission response to text adopted in plenary: SP(2019)440
- Contribution: COM(2018)0238
- Contribution: COM(2018)0238
- Contribution: COM(2018)0238
- Contribution: COM(2018)0238
- Contribution: COM(2018)0238
Activities
- Mariya GABRIEL
- Philippe JUVIN
Plenary Speeches (1)
- Julia REDA
Plenary Speeches (1)
- Claudia ȚAPARDEL
Plenary Speeches (1)
- Francis ZAMMIT DIMECH
Plenary Speeches (1)
- Anna ZÁBORSKÁ
Plenary Speeches (1)
Votes
A8-0444/2018 - Christel Schaldemose - Am 142 17/04/2019 12:55:43.000 #
2019/04/17 Outcome: +: 632, -: 22, 0: 3
NIA8-0444/2018 - Christel Schaldemose - Am 142 #
2019/04/17 Outcome: +: 632, -: 22, 0: 3
| Amendments | Dossier |
| 1440 |
2018/0112(COD)
2018/09/27
ITRE
307 amendments...
Amendment 100 #
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 (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 publicly accessible description of the
Amendment 103 #
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 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
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 (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
Amendment 106 #
Proposal for a regulation Recital 19 (19) Where a provider of online intermediation services
Amendment 107 #
Proposal for a regulation Recital 19 (19) Where a provider of online intermediation services
Amendment 108 #
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 Regulation (EU) 2016/679 of the European Parliament and of the Council.24This Regulation shall require online intermediation service providers and search engine providers to provide an option for the consumer to opt in and share personal data with third parties beyond what is set out in their privacy policies. _________________ 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
Amendment 109 #
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. In any case, it shall be ensured that the data of the consumers is made simultaneously available to the business users upon the contract through the provider of intermediations services is concluded. 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
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 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
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
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 Amendment 118 #
Proposal for a regulation Recital 22 (22) In order to enable business users,
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
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
Amendment 121 #
Proposal for a regulation Recital 24 Amendment 122 #
Proposal for a regulation Recital 25 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
Amendment 124 #
Proposal for a regulation Recital 25 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.
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,
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 (27) Various factors, such as limited
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 #
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
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
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
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,
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,
Amendment 142 #
Proposal for a regulation Article 1 – paragraph 2 2. This Regulation shall apply to online intermediation services
Amendment 143 #
Proposal for a regulation Article 1 – paragraph 2 2. This Regulation shall apply to online intermediation services
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 Council
Amendment 147 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – point b (b)
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 (b) the
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 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,
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
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
Amendment 158 #
(5) ‘online search engine’ means a digital service or interface or mobile applications that allows users to perform searches of
Amendment 159 #
Proposal for a regulation Article 2 – paragraph 1 – point 6 Amendment 160 #
Proposal for a regulation Article 2 – paragraph 1 – point 6 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
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
Amendment 165 #
Proposal for a regulation Article 2 – paragraph 1 – point 8 (8) ‘ranking’ means the relative
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
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
Amendment 169 #
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
Amendment 170 #
Proposal for a regulation Article 2 – paragraph 1 – point 10 (10) ‘terms and conditions’ means all terms, conditions
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
Amendment 174 #
Proposal for a regulation Article 3.º – paragraph 1 – point a (a) are drafted in clear and
Amendment 175 #
Proposal for a regulation Article 3 – paragraph 1 – point a (a) are drafted in clear
Amendment 176 #
Proposal for a regulation Article 3 – paragraph 1 – point a a (new) (a a) are fair and proportionate;
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
Amendment 182 #
Proposal for a regulation Article 3 – paragraph 1 – point c a (new) 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
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
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
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
Amendment 192 #
Proposal for a regulation Article 3 – paragraph 3 – subparagraph 2 Amendment 193 #
Proposal for a regulation Article 3.º – 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
Amendment 194 #
Proposal for a regulation Article 3 – paragraph 3 – subparagraph 2 The
Amendment 195 #
Proposal for a regulation Article 3.º – paragraph 3 – subparagraph 3 Amendment 196 #
Proposal for a regulation Article 3 – paragraph 3 – subparagraph 3 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
Amendment 200 #
Proposal for a regulation Article 3 – paragraph 5 5. Paragraph 3 shall not apply where a provider of online intermediation services
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
Amendment 204 #
Proposal for a regulation Article 3 – paragraph 5 5.
Amendment 206 #
Proposal for a regulation Article 4 – paragraph 1 1. Where a provider of online intermediation services decides to s
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
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
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
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 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
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
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
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
Amendment 222 #
Proposal for a regulation Article 5 – paragraph 1 – subparagraph 1 Providers of online intermediation services shall set out in their terms and conditions
Amendment 223 #
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
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
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
Amendment 226 #
Proposal for a regulation Article 5.º – paragraph 1 – subparagraph 2 Amendment 227 #
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. When ranking is influenced against remuneration, the consumers shall receive clear and unambiguous information regarding sponsored products or services.
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
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
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
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
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 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
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
Amendment 244 #
Proposal for a regulation Article 5 – paragraph 3 – point c (c) as regards online search engines, the design characteristics of the website
Amendment 245 #
Proposal for a regulation Article 5 – paragraph 4 4.
Amendment 246 #
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 information which threatens consumer protection from unfair online practices by business users or corporate business users.
Amendment 247 #
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 248 #
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 business sensitive information that could undermine the provider’s position.
Amendment 249 #
Proposal for a regulation Article 5 – paragraph 4 4. Providers of online intermediation services
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
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
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
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
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
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
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
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
Amendment 280 #
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 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 (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 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
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 (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 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) 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
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
Amendment 295 #
Proposal for a regulation Article 8 – paragraph 1 1. Where, in the provision of their services, providers of online intermediation services
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
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
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
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
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
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
Amendment 307 #
Proposal for a regulation Article 9 – paragraph 4 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
Amendment 310 #
Proposal for a regulation Article 9 – paragraph 4 – subparagraph 2 Amendment 311 #
Proposal for a regulation Article 9 – paragraph 4 – subparagraph 2 That information shall include
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-
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
Amendment 314 #
Proposal for a regulation Article 10 – paragraph 1 – subparagraph 1 Providers of online intermediation services shall identify in their terms and conditions
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
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
Amendment 318 #
Proposal for a regulation Article 10 – paragraph 1 – subparagraph 2 Providers of online intermediation services may
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.
Amendment 321 #
Proposal for a regulation Article 10.º – paragraph 2 – point b (b) their mediation services are
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 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 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
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
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
Amendment 330 #
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
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.
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.
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 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
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 #
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
Amendment 340 #
Proposal for a regulation Article 12 – paragraph 2 – subparagraph 1 – point b a (new) Amendment 341 #
Proposal for a regulation Article 12 – paragraph 2 – subparagraph 1 – point c (c) they are of a non-profit making character
Amendment 342 #
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
Amendment 348 #
Proposal for a regulation Article 13 a (new) 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
Amendment 351 #
Proposal for a regulation Article 14 – paragraph 1 1. By [date: t
Amendment 352 #
Proposal for a regulation Article 14 – paragraph 1 1. By [date: t
Amendment 353 #
Proposal for a regulation Article 15 – paragraph 2 2. It shall apply from [date:
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
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
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-
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
Amendment 55 #
Proposal for a regulation Recital 5 (5) Online intermediation services and online search engines, as well as the
Amendment 56 #
Proposal for a regulation Recital 5 (5) Online intermediation services and online search engines, as well as the
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
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.
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
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
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
Amendment 69 #
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 the
Amendment 70 #
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 and voice assistance 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
Amendment 71 #
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
Amendment 72 #
Proposal for a regulation Recital 11 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 .
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)
Amendment 76 #
Proposal for a regulation Recital 11 (11)
Amendment 77 #
Proposal for a regulation Recital 12 (12) In order to effectively protect business users where needed, this Regulation should apply
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
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
Amendment 81 #
Proposal for a regulation Recital 14 (14) Ensuring transparency in the
Amendment 82 #
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
Amendment 83 #
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 15 days.
Amendment 84 #
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 15 days before being implemented. 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
Amendment 85 #
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
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
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
Amendment 89 #
Proposal for a regulation Recital 15 (15) In order to pro
Amendment 90 #
Proposal for a regulation Recital 16 (16) A provider of online intermediation services can have legitimate reasons to decide to s
Amendment 91 #
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
Amendment 92 #
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
Amendment 93 #
Proposal for a regulation Recital 16 (16) A provider of online intermediation
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
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 #
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
Amendment 101 #
Proposal for a regulation Recital 8 (8) A wide variety of business-to- consumer commercial relations are
Amendment 102 #
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
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
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
Amendment 105 #
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
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 the
Amendment 107 #
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 108 #
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
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
Amendment 110 #
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
Amendment 111 #
(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
Amendment 112 #
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
Amendment 113 #
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. 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 114 #
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
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)
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. _________________
Amendment 121 #
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 Amendment 123 #
Proposal for a regulation Recital 12 Amendment 124 #
Proposal for a regulation Recital 12 (12) In order to effectively protect business users
Amendment 125 #
Proposal for a regulation Recital 12 (12) In order to effectively protect business users where needed, this Regulation should apply
Amendment 126 #
Proposal for a regulation Recital 12 (12) In order to effectively protect business users where needed, this Regulation should apply
Amendment 127 #
Proposal for a regulation Recital 12 (12) In order to effectively protect business users where needed, this Regulation should apply
Amendment 128 #
Proposal for a regulation Recital 12 (12) In order to effectively protect business users where needed, this Regulation should apply
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
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
Amendment 131 #
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
Amendment 132 #
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 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 (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 15 days. That notice period should not apply where,
Amendment 135 #
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
Amendment 136 #
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 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. Business users 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 they consider being detrimental to them.
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
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
Amendment 139 #
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 made public and 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. However, mere changes to the wording that do not alter the content or meaning of the terms and conditions are not covered by the definition of ‘change’.
Amendment 140 #
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 15 days.
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 #
Proposal for a regulation Recital 15 (15) In order to protect business users
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
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
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
Amendment 146 #
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
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
Amendment 148 #
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.
Amendment 149 #
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
Amendment 150 #
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, altering the ranking, or effectively removing search results. Such decisions must in no way undermine competition on the market in which intermediation service providers or the services controlled by them operate. 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.
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
Amendment 152 #
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, as well as the exercise of fundamental rights business users enjoy, such as the freedom to conduct business and freedom of expression, 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
Amendment 153 #
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, or apply other restrictions or penalties, 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
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
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
Amendment 156 #
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
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
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
Amendment 160 #
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
Amendment 161 #
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
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
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
Amendment 164 #
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
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
Amendment 166 #
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 unequivocal description of the main parameters and the weighting used to determin
Amendment 167 #
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
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
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
Amendment 170 #
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
Amendment 171 #
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 #
Proposal for a regulation Recital 18 a (new) 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 #
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
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
Amendment 176 #
Proposal for a regulation Recital 19 (19) Where a provider of online
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
Amendment 178 #
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, such as default settings, 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 179 #
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
Amendment 180 #
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 such as default settings, 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 181 #
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. Providers of online intermediation services should ensure that any differentiated treatment is objectively justifiable and non-discriminatory.
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 #
Proposal for a regulation Recital 19 a (new) Amendment 184 #
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 #
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) 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 (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. It should be ensured that providers of online intermediation services provide business users of online intermediation services with users’ data immediately after conclusion of the contracts concerned, provided that users give their consent. Processing of personal data should comply with Regulation (EU) 2016/679 of the European Parliament and of the Council24.
Amendment 189 #
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 Regulation (EU) 2016/679 of the European Parliament and of the Council.
Amendment 190 #
Proposal for a regulation Recital 20 a (new) Amendment 191 #
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 #
Proposal for a regulation Recital 21 (21) Providers of online intermediation services
Amendment 193 #
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.
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.
Amendment 195 #
Proposal for a regulation Recital 21 (21) Providers of online intermediation services
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
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 #
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 #
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 #
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
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
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.
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.
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
Amendment 207 #
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,
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 (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 with a reasonable prospect of success. To that aim, the mediator should suggest which
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.
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
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.
Amendment 214 #
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, unless it is shown that the business user has failed to act 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.
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,
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,
Amendment 218 #
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
Amendment 219 #
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,
Amendment 220 #
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
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
Amendment 222 #
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 #
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)
Amendment 226 #
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 #
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 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 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 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.
Amendment 232 #
Proposal for a regulation Article 1 – paragraph 1 1. Th
Amendment 233 #
Proposal for a regulation Article 1 – paragraph 2 2. This Regulation shall apply to online intermediation services and online search engines
Amendment 234 #
Proposal for a regulation Article 1 – paragraph 2 2. This Regulation shall apply to online
Amendment 235 #
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 #
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 #
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 242 #
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 243 #
Proposal for a regulation Article 2 – paragraph 1 – point 1 (1) ‘business user’ means any natural
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 #
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 #
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 Council
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
Amendment 250 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – point b (b) the
Amendment 251 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – point b (b) the
Amendment 252 #
Proposal for a regulation Article 2 – paragraph 1 – point 2 – point b (b)
Amendment 253 #
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,
Amendment 254 #
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 whether
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
Amendment 256 #
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
Amendment 257 #
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
Amendment 258 #
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 #
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 #
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) Amendment 263 #
Proposal for a regulation Article 2 – paragraph 1 – point 5 (5) ‘online search engine’ means a digital service
Amendment 264 #
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
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
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
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
Amendment 268 #
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
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
Amendment 270 #
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
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
Amendment 273 #
Proposal for a regulation Article 2 – paragraph 1 – point 7 (7) ‘corporate website user’ means any natural or legal person which uses websites
Amendment 274 #
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 275 #
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
Amendment 276 #
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 277 #
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 278 #
Proposal for a regulation Article 2 – paragraph 1 – point 10 (10) ‘terms and conditions’ means all terms, conditions
Amendment 279 #
Proposal for a regulation Article 2 – paragraph 1 – point 10 (10) ‘terms and conditions’ means all terms, conditions
Amendment 280 #
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
Amendment 281 #
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
Amendment 282 #
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
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 #
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
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
Amendment 289 #
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
Amendment 291 #
Proposal for a regulation Article 3 – paragraph 1 – point a (a) are drafted in
Amendment 292 #
Proposal for a regulation Article 3 – paragraph 1 – point a (a) are drafted in clear and
Amendment 293 #
Proposal for a regulation Article 3 – paragraph 1 – point a (a) are drafted in clear
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 #
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
Amendment 301 #
Proposal for a regulation Article 3 – paragraph 1 – point c (c) set out the
Amendment 302 #
Proposal for a regulation Article 3 – paragraph 1 – point c (c) set out the
Amendment 303 #
Proposal for a regulation Article 3 – paragraph 1 – point c (c) set out the |