2020/2018(INL) | [ParlTrack]

Draft opinion
Paragraph 1 b (new)

1b. Strongly believes that online platforms, that fulfil certain criteria of engagement with the content, should be liable and strongly opposes the ''Good Samaritan'' clauses option in the event of voluntary measures; reiterates the emerging need to move past the simple notice in order to safeguard creation and stresses that the obligatory engagement of platforms via liability regimes is necessary; suggests in that respect the simultaneous mediation between rights holders and users in cases where content appears to be illegal or harmful with the view to resolve duly and without further delay the matter;

Amendment 11 #

Draft opinion
Paragraph 1 b (new)

1b. Warns, with reference to freedom of opinion and the press, against extensive assessment of the content of publications which were originally legitimate and legal, and rejects far-reaching regulation of content which was originally legal, at the very least in the framework of the Digital Services Act; suggests however, at the same time, that existing legal frameworks for child protection and against disinformation and hate speech, and their effective enforcement, should be evaluated by means of an 'Action Plan for Democracy';

Amendment 12 #

Draft opinion
Paragraph 1 c (new)

1c. Calls in particular for account to be taken of unhampered dissemination of content for which a content provider has already comprehensively assumed editorial responsibility, where the content provider is subject to generally recognised, independent and effective supervision, by explicitly banning other platform operators from independently, or by means of notice and action procedures, deciding on the blocking or removal of such content or altering the content; calls for the blocking or removal of such content to be permissible only on the basis of a court order;

Amendment 13 #

Draft opinion
Paragraph 2

2. Calls on platform operators not only to immediately delete illegal or seriously harmful content after positive identification, but also to continuously transmit it to the law enforcement authorities for the purpose of further investigation and prosecution, including the metadata necessary for this purpose, ; acknowledges, however, that larger and established platforms can devote more financial resources for coordinated inauthentic behaviour detection and content moderation than emerging or niche companies and therefore the ability of smaller platforms to prevent, detect, and remove illegal or seriously harmful content can be limited; highlights the need to increase responsibilities and update liability framework for online platforms, considering different regulatory regime for platforms that have systemic role (i.e. platforms that act as gatekeepers or have a capacity to structure markets); stresses that, as such platform operators play an increasing role as distributors and gatekeepers of news media and cultural content, they must not only safeguard, but actively promote cultural and linguistic diversity;

Amendment 14 #

Tomasz FRANKOWSKI, Sabine VERHEYEN, Michaela ŠOJDROVÁ, Loucas FOURLAS, Theodoros ZAGORAKIS, Peter POLLÁK, François-Xavier BELLAMY, Andrea BOCSKOR, Iuliu WINKLER, Asim ADEMOV, Milan ZVER, Isabel BENJUMEA BENJUMEA

Draft opinion
Paragraph 2

2. Calls on platform operators to take their responsibility as content distributors and gatekeepers, as they play a crucial role in accessing news, audiovisual content and creative works; stresses that in order to safeguard and promote cultural and linguistic diversity, the promotion of European works, as well as media pluralism, the use of algorithms by such platforms should be transparent so that it is clear how access to content is granted, denied, ranked and/or undermined; calls on platform operators to not only to immediately delete illegal content after positive identification, but also to continuously transmit it to the law enforcement authorities for the purpose of further prosecution, including the metadata necessary for this purpose,;

Amendment 15 #

2. Calls ~~on platform operators not only to immediately delete illegal content after positive identification,~~for a requirement to be imposed on operators of active hosting platforms entailing a duty of care which must be actively and independently respected to ensure that illegal content which appears on active hosting platforms is not only immediately deleted but also to continuously transmit itted to the ~~law enforcem~~competent authorities for the purpose of further prosecution~~, including the metadata necessary for this purpose,~~; considers that the operators should store the associated metadata for a limited period of time and pass it on only in response to a request from the competent authority during that period; considers that compliance with this duty of care should be monitored by state agencies;

Amendment 16 #

Irena JOVEVA, Morten LØKKEGAARD, Ilana CICUREL, Laurence FARRENG

Draft opinion
Paragraph 2

2. Calls on platform operators not only to ~~immediately~~ delete illegal content expeditiously after positive identification following a notification, but also to ~~continuously~~ transmit it to the law enforcement authorities for the purpose of further prosecution, including the metadata necessary for this purpose, and in all cases content providers have to be notified about the content removed, the legal basis and the possibility of redress;

Amendment 17 #

Draft opinion
Paragraph 2

2. Calls on platform operators not only to immediately delete illegal content after positive identification, but also to continuously transmit it to the law enforcement authorities for the purpose of further prosecution, including the metadata necessary for this purpose,; calls for a balanced approach between net neutrality and platform responsibility and accountability; addresses the issue of fake accounts and demonetisation of purveyors from disinformation and fake news;

Amendment 18 #

Ibán GARCÍA DEL BLANCO, Marcos ROS SEMPERE, Domènec RUIZ DEVESA

Draft opinion
Paragraph 2

2. Calls on platform operators not only to immediately delete illegal content after positive identification~~, but also to continuously transmit it to the~~ by an independent and impartial authority, but also to collaborate with law enforcement authorities for the purpose of further prosecution, including the metadata necessary for this purpose, respecting the presumption of innocence and personal data of victims;

Amendment 19 #

Draft opinion
Paragraph 2

2. Calls on platform operators not only to immediately delete illegal content after positive identification, but also to continuously transmit it to the ~~law enforcem~~competent authorities for the purpose of further prosecution, including the metadata necessary for this purpose,;

Amendment 2 #

Draft opinion
Paragraph 1

1. Considers it necessary to adopt 1. uniform, Union-wide rules to combat hatred, propaganda and disinformation and to protect children and youth as well as rules governing online advertising, micro- targeting and fair e- commerce and at the same time calls for a strict distinction to be made between illegal ~~and~~content, harmful content and cases of disinformation, as different approaches and rules are applicable in each case;

Amendment 20 #

Draft opinion
Paragraph 2 a (new)

2a. Proposes that the country-of- origin principle should be strengthened by increasing cooperation between Member States to enforce respect for legitimate general and public interests, which requires greater involvement of regulatory authorities and reviews of existing procedural rules and enforcement methods in order to achieve more lasting and effective law enforcement in cross- border cases;

Amendment 21 #

Draft opinion
Paragraph 2 a (new)

2a. Considers that the technical capabilities to identify illegal content and coordinated inauthentic behaviour, especially due to continuous improvements in machine learning and the advances of AI in general, are constantly evolving; insists that the uptake of automated detection procedures must be embraced by the industry;

Amendment 22 #

Tomasz FRANKOWSKI, Sabine VERHEYEN, Michaela ŠOJDROVÁ, Loucas FOURLAS, Theodoros ZAGORAKIS, Peter POLLÁK, François-Xavier BELLAMY, Iuliu WINKLER, Asim ADEMOV, Milan ZVER, Isabel BENJUMEA BENJUMEA

Draft opinion
Paragraph 2 a (new)

2a. Calls for a strengthened legal framework to ensure that service providers take effective measures and act expeditiously to remove illegal content from their services and that such content stays down after being removed;

Amendment 23 #

Ibán GARCÍA DEL BLANCO, Marcos ROS SEMPERE, Domènec RUIZ DEVESA

Draft opinion
Paragraph 2 b (new)

2b. Is of the view that the spread and effectiveness of disinformation, and propaganda and other information manipulation operations need to and can be partly countered by helping citizens to develop media and digital literacy as well as critical thinking and by strengthening independent professional journalism and quality media;

Amendment 24 #

Tomasz FRANKOWSKI, Sabine VERHEYEN, Michaela ŠOJDROVÁ, Loucas FOURLAS, Theodoros ZAGORAKIS, Peter POLLÁK, François-Xavier BELLAMY, Iuliu WINKLER, Asim ADEMOV, Milan ZVER, Isabel BENJUMEA BENJUMEA

Draft opinion
Paragraph 2 b (new)

2b. Calls on the Commission to clarify the notion of expeditious reaction, which is already included in the E-Commerce Directive 2000/31/EC;

Amendment 25 #

Tomasz FRANKOWSKI, Sabine VERHEYEN, Michaela ŠOJDROVÁ, Loucas FOURLAS, Theodoros ZAGORAKIS, Peter POLLÁK, François-Xavier BELLAMY, Iuliu WINKLER, Asim ADEMOV, Milan ZVER

Draft opinion
Paragraph 2 c (new)

2c. Considers that for the infringement of live content, the reaction of service providers should be immediate when the notification from rights holders is received;

Amendment 26 #

Tomasz FRANKOWSKI, Sabine VERHEYEN, Michaela ŠOJDROVÁ, Loucas FOURLAS, Theodoros ZAGORAKIS, Peter POLLÁK, François-Xavier BELLAMY, Iuliu WINKLER, Asim ADEMOV, Milan ZVER, Isabel BENJUMEA BENJUMEA

Draft opinion
Paragraph 2 d (new)

2d. Draws the Commission’s attention to recent national court cases which oblige service providers to take down the infringing content within 30 minutes;

Amendment 27 #

Tomasz FRANKOWSKI, Sabine VERHEYEN, Michaela ŠOJDROVÁ, Loucas FOURLAS, Theodoros ZAGORAKIS, Peter POLLÁK, François-Xavier BELLAMY, Iuliu WINKLER, Asim ADEMOV, Milan ZVER, Isabel BENJUMEA BENJUMEA

Draft opinion
Paragraph 2 e (new)

2e. Stresses that voluntary measures taken by service providers to fight against illegal or harmful content should not lead to a limitation of their liability;

Amendment 28 #

Tomasz FRANKOWSKI, Sabine VERHEYEN, Michaela ŠOJDROVÁ, Loucas FOURLAS, Theodoros ZAGORAKIS, Peter POLLÁK, François-Xavier BELLAMY, Iuliu WINKLER, Asim ADEMOV, Milan ZVER, Isabel BENJUMEA BENJUMEA

Draft opinion
Paragraph 2 f (new)

2f. Recalls that any limitation of liability should remain applicable only to purely passive digital services, while active services should remain fully liable for the content on their services;

Amendment 29 #

Draft opinion
Paragraph 3

3. Insists that the protection and promotion of freedom and diversity of opinion, information, the press and cultural forms of expression, as well as the protection of the privacy of communication between individuals, form the basis of liberal democracy and that this applies online without restriction; demands therefore that the use of all technologically feasible means of combating harmful or illegal content on the internet in this context be subjected to careful prior constitutional vetting and therefore rejects prior checks on content as disproportionateis also aware of the possible conflict between these freedoms and other fundamental rights, such as security and property - including intellectual property - and of the possibly irreparable consequences of failure to ensure prior control of certain content; demands therefore that the use of all technologically feasible means of combating harmful or illegal content on the internet in this context be subjected to rigorous standards that are known to users in advance; stresses the need to notify users in real time of the activation of such controls and the existence of an effective and adaptable appeals procedure, firstly with the private supplier and then with an administrative authority;

Amendment 3 #

Draft opinion
Paragraph 1

1. Considers it necessary to adopt uniform, Union-wide rules to combat hatred, online bullying and hate crimes and disinformation and to protect children and youth as well as rules governing online advertising and fair e- commerce and at the same time calls for a strict distinction to be made between illegal and harmful content and cases of disinformation, as different rules are applicable in each case;

Amendment 30 #

Draft opinion
Paragraph 3

Amendment 31 #

Irena JOVEVA, Morten LØKKEGAARD, Ilana CICUREL, Laurence FARRENG

Draft opinion
Paragraph 3

Amendment 32 #

Draft opinion
Paragraph 3

Amendment 33 #

Draft opinion
Paragraph 3

3. Insists that the protection and promotion of freedom and diversity of opinion and expression, information, the press, artistic and cultural forms of expression, as well as the protection of the privacy of communication between individuals, form the basis of liberal democracy and that this applies online without restriction; demands therefore that the use of all technologically feasible means of combating harmful or illegal content on the internet in this context be subjected to careful prior constitutional vetting and therefore rejects prior checks on content as disproportionate;

Amendment 34 #

Tomasz FRANKOWSKI, Sabine VERHEYEN, Michaela ŠOJDROVÁ, Loucas FOURLAS, Theodoros ZAGORAKIS, Peter POLLÁK, Iuliu WINKLER, Asim ADEMOV, Milan ZVER, Isabel BENJUMEA BENJUMEA

Draft opinion
Paragraph 3

3. Insists that the protection and promotion of freedom and diversity of opinion, information, the press and cultural forms of expression, the property rights, as well as the protection of the privacy of communication between individuals, must be balanced with one another, form the basis of liberal democracy ~~and that this applies online without restriction~~offline and online; demands therefore that the use of all technologically feasible means of combating harmful or illegal content on the internet in this context ~~be subjected to careful prior constitutional vetting and therefore rejects prior checks on content as dis~~respects the principle of proportionatelity;

Amendment 35 #

Morten LØKKEGAARD, Monica SEMEDO, Irena JOVEVA, Ilana CICUREL

Draft opinion
Paragraph 3 a (new)

3a. Highlights the need to ensure that the collection and processing of all personal data carried out which does not fall under the scope of Directive (EU) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purpose of law enforcement, or under the scope of the EU General Data Protection Regulation (GDPR) is done in accordance with the principles of legality, necessity and proportionality, as established by article 9 of the Council of Europe’s Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (Convention No. 108);

Amendment 36 #

Draft opinion
Paragraph 3 a (new)

3a. Recognises that the Disinformation Code of Practice (CoP) has helped to structure a dialogue with platforms and regulatory bodies; suggests that online platforms should place effective and appropriate safeguards, in particular with a view to ensuring that they act in a diligent, proportionate, and non-discriminatory manner and to prevent the unintended removal of content which is not illegal;

Amendment 37 #

Draft opinion
Paragraph 3 a (new)

3a. Emphasises that content, that is legal and legally shared under Union or national law, has to stay online and that any removal of content shall not lead to the identification of individual users nor to the processing of personal data;

Amendment 38 #

Draft opinion
Paragraph 3 a (new)

3 a. Is of the view that trustworthy quality media content prominence requirements, tailored for relevant markets and respecting national language laws, should be considered for platforms that act as gatekeepers;

Amendment 39 #

3a. Stresses the need to improve market access to non-private entities, like NGOs, libraries, cultural institutions, research centres, cultural networks and universities;

Amendment 4 #

Draft opinion
Paragraph 1

1. Considers it necessary to adopt uniform, Union-wide rules to combat hatred and disinformation and to protect children and youth as well as rules governing online advertising and fair e- commerce and at the same time calls for a strict distinction to be made between illegal , illegally shared and harmful content and cases of disinformation, as different rules are applicable in each case;

Amendment 40 #

Draft opinion
Paragraph 3 b (new)

3b. Believes that platform liability should be tailored in order to respect the size of the operator and a clear distinction on the platform engagement with the content based on clear and verifiable criteria and aspects, such as editorial functions, actual knowledge and a certain degree of control; furthermore believes that any system that will be proposed should be accompanied by a robust set of fundamental rights safeguards and adequate independent and impartial public oversight;

Amendment 41 #

Draft opinion
Paragraph 3 b (new)

3b. Calls for strong safeguards to prevent misuse of users’ data, including by ensuring algorithmic transparency and accountability as well as access to relevant data for researchers and public oversight bodies;

Amendment 42 #

Draft opinion
Paragraph 3 b (new)

3b. Calls on the Commission to ensure that platform operators make available complaint and redress mechanisms for users and process them without undue delay;

Amendment 43 #

Draft opinion
Paragraph 3 b (new)

3b. Calls for solutions to enable a fair competition and equal access to the Single Market to sports events and services from all Member States;

Amendment 44 #

3c. Strongly believes that the issue of platform workers must be addressed by a specific, dedicated, labour-oriented piece of legislation and not in an act dealing with digital services; suggests that platform operators should be responsible as employers for platform workers that should be liable to provide quality work, individual labour rights, social protection training and fulfilling Health & Safety at work requirements; reiterates that, in case of a provision of a legal presumption that platform workers are workers, it would ensure the requisite responsibility of platform operators as employers, to guarantee labour rights and to contribute to social security for platform workers;

Amendment 45 #

Draft opinion
Paragraph 3 c (new)

3c. Calls on the Commission to ensure that transparency reports are made available by platform operators which contain information about the number of cases where content was misidentified as illegal or as illegally shared and that competent authorities should make available information about the number of cases where removals lead to the investigation, and prosecution of crime;

Amendment 46 #

Draft opinion
Paragraph 3 c (new)

3c. Emphasises that providing access for media companies to relevant data (i.e. audience reach and advertising data) from market dominant platforms is crucial to help prevent unfair competition;

Amendment 47 #

Draft opinion
Paragraph 3 d (new)

3d. Calls for an increased cooperation between media regulatory authorities or bodies and other national regulatory authorities both within and among Member States in order to more effectively address market dominant platforms' impact on media ecosystems; to share best practices as well as to better tackle specific issues, such as disinformation; considers, in this regard, the necessity for a coordination at the EU level; calls on the Commission to explore possibilities for expanding the competences of the European Regulators Group for Audiovisual Media Services (ERGA) to also encompass dominant platforms' supervision;

Amendment 48 #

Draft opinion
Paragraph 3 d (new)

3d. Highlights the need to find an effective way to enforce properly and appropriately intellectual property rights thus fostering cultural and creative sectors without interfering with the freedom of expression; believes that this balance should include proactive measures to be employed when necessary in order to ensure that illegal and harmful content is not only taken down from online platforms but also that it stays it down;

Amendment 49 #

Draft opinion
Paragraph 4

4. EConsiders that governance of technology must be implemented in a way that does not disrupt innovation or curtail freedom of expression; emphasises that open, network and technology-neutral access to the internet must be particularly protected by law because it forms the basis for the necessary interoperability of services and systems, ensures diversity, enables fair competition and the creation of a digital service infrastructure that includes access for every single citizen of the Union to quality information, media, educational, scientific and cultural offers; calls therefore on the Commission to step up efforts to ensure ~~the~~ equal, non-discriminatory treatment of all data traffic in the Union an; recalls the 2017 report’s commissioned for the Commission findings that "there appears to be little reason to believe that zero- rating gives rise to competition concerns.";1a considers, however, that the Commission may need to critically re- examine the impact of zero-rated offers on competition in the Union. in the future; _________________ 1a https://ec.europa.eu/competition/publicati ons/reports/kd0217687enn.pdf

Amendment 5 #

Draft opinion
Paragraph 1

1. Considers it necessary, as a general principle, to adopt uniform, EU~~nion~~-wide rules to combat hatred and disinformation and to protect children and youth as well as rules governing online advertising and fair e- commerce and at the same time calls for a strict distinction to be made between illegal and harmful content and cases of disinformation, as different rules are applicable in each case;

Amendment 50 #

Draft opinion
Paragraph 4

4. Emphasises that open, network and technology-neutral access to the internet must be particularly protected by law because it forms the basis for the necessary interoperability of services and systems, ensures diversity, enables fair competition and the creation of a digital service infrastructure that includes access for every single citizen of the Union to quality information, educational, scientific and cultural offers; calls therefore on the Commission to step up efforts to ensure the equal, non-discriminatory treatment of all data traffic in the Union and to critically re-examine the impact of zero-rated offers on competition in the Union.; reminds that open source software, open standards, and open techn ologies are best suited to ensure interoperability, fair competition, and accessibility;

Amendment 51 #

Irena JOVEVA, Morten LØKKEGAARD, Ilana CICUREL, Laurence FARRENG, Monica SEMEDO

Draft opinion
Paragraph 4

4. Emphasises that open, network and technology-neutral access to the internet must be particularly protected by law because it forms the basis for the necessary interoperability of services and systems, ensures diversity, fosters digital creation, enables fair competition and the creation of a digital service infrastructure that includes access for every single citizen of the Union to quality information, educational, scientific and cultural offers; calls therefore on the Commission to step up efforts to ensure the equal, non-discriminatory treatment of all data traffic in the Union and to critically re-examine the impact of zero-rated offers on competition in the Union.;

Amendment 52 #

François-Xavier BELLAMY

Draft opinion
Paragraph 4 a (new)

4a. Calls on the Commission to establish measures to require platforms and hosting service providers to prevent minors from accessing pornographic and child-pornography content; recalls that such content, which is very often available through open access, is capable of profoundly destabilising the younger generation as they discover their emotions and their sexuality; stresses that a significant proportion of online pornographic content contains sexist stereotypes that are often seriously prejudicial to women’s dignity, or even help to trivialise scenes of abuse or violence; stresses therefore that defending women’s rights and combating gender- based and sexual violence requires resolute action to prevent minors from being exposed to such content by effective technological means; recalls the need to establish ambitious rules to this end applicable to internet service providers, and the importance of greater cooperation at European level to permit rapid identification of the authors of illegal content;

Amendment 53 #

Draft opinion
Paragraph 4 a (new)

4a. Calls for action against hate speech, including racism, xenophobia, homophobia and gender violence to foster a safer and more secure online environment for its citizens and businesses, including cooperation with fact-checkers and researchers; encourages fight against bots and fake accounts, and providing easily recognisable online paid political advertisement; suggests providing clear boundaries to data processing for research purposes in order to facilitate a privacy-compliant access to data on political advertising; encourages online services to provide more transparency about their policies and processes for responding to illegal and harmful content and for fighting against the spread of disinformation as well as to provide transparent and clear explanation to their users on their implementing of General Data Protection Regulation (GDPR) rules;

Amendment 54 #

Ibán GARCÍA DEL BLANCO, Marcos ROS SEMPERE, Domènec RUIZ DEVESA

Draft opinion
Paragraph 4 a (new)

4a. Stresses that the Digital Services Act should be applied without prejudice to the provisions of the Directive on copyright and related rights in the Digital Single Market (Copyright Directive); notes that an 'online content-sharing service provider' as defined in Article 2(6) of the Copyright Directive has responsibilities regarding copyright- protected material and that the safe harbour provisions of the E-Commerce Directive or any similar provisions of the Digital Services Act possibly applicable to these platforms do not apply in such cases;

Amendment 55 #

Draft opinion
Paragraph 4 a (new)

4a. Underlines the importance of new digital creative industries and of the added value brought by digital technologies in different cultural, educational, media, sports and youth related sectors; calls on the Commission to propose legislation that enables the development of this new trend, protects the creative work of authors and creators, and ensures a fair and equal internal market for everyone independently of their region or of their Member States;

Amendment 56 #

Draft opinion
Paragraph 4 a (new)

4a. Recognises the need to define companies’ human rights responsibilities in line with the ‘respect, protect, remedy’ framework set out under the UN Guiding Principles on Business and Human Rights, which should be promptly turned into legally binding standards of international law, by requiring in particular a human rights approach to the development of terms of service and community standards as well as policies governing access to and use of their platform;

Amendment 57 #

Tomasz FRANKOWSKI, Sabine VERHEYEN, Michaela ŠOJDROVÁ, Loucas FOURLAS, Theodoros ZAGORAKIS, Peter POLLÁK, François-Xavier BELLAMY, Iuliu WINKLER, Asim ADEMOV, Milan ZVER, Isabel BENJUMEA BENJUMEA

4a. Underlines that illegal content online, including piracy and counterfeiting, represents a massive and continuous threat for European citizens and for the European cultural and creative industries, requiring that the legal framework remains adapted to the scale and virality that technological evolution now allows;

Amendment 58 #

Draft opinion
Paragraph 4 a (new)

4a. Acknowledges that the principle that internet access providers are not responsible for the content conveyed over their networks, because they have no control over that content ('mere conduit') must be retained, as it is a cornerstone of the free internet;

Amendment 59 #

Draft opinion
Paragraph 4 a (new)

4a. Stresses that, by updating the rules on how service providers respond to objectionable content, the Union can foster a safer and more secure online environment for its citizens and businesses;

Amendment 6 #

François-Xavier BELLAMY, Tomasz FRANKOWSKI

Draft opinion
Paragraph 1 a (new)

1a. Expresses its concern that the information requirements set out in Article 5 of Directive 2000/31/EC cannot be effectively enforced; therefore suggests that they be complemented by a requirement for certain intermediaries to adequately verify the identity of any customers who provide information society services on a commercial basis; considers that this would contribute towards a more trustworthy online environment for the consumers, creators and artists who use these services or whose works are distributed on these services; underlines that any new requirements must fully respect fundamental rights and be in accordance with Regulation (EU) 2016/679;

Amendment 60 #

Draft opinion
Paragraph 4 b (new)

4b. Stresses that the increasing use of the internet to market books must be accompanied by measures to ensure cultural diversity, so as to be able to ensure equal access for all to reading, protection of the principle of fair and equitable remuneration for right-holders and diversity of the material published; reiterates the need to maintain fair competition on the single digital market, imposing the principle of interoperability;

Amendment 61 #

Elżbieta KRUK, Andrey SLABAKOV

Draft opinion
Paragraph 4 b (new)

4b. Underlines the growing importance of new digital media in the Single Market; calls on legislative measures to protect independent journalism, combat fake news and ensure the rights of authors and journalists;

Amendment 62 #

Draft opinion
Paragraph 4 b (new)

4b. Stresses the need to update and modify current rules in line with technological advancements rather that to add more regulation, while at the same time, cutting unnecessary and outdated regulations;

Amendment 63 #

Draft opinion
Paragraph 4 b (new)

4b. Urges that device neutrality be addressed, as it is only by means of its interaction with network neutrality that empowered consumer decisions can be facilitated end to end;

Amendment 64 #

Draft opinion
Paragraph 4 b (new)

4b. Highlights the need to ensure transparency to the maximum extent feasible to all measures taken under the new Act, including those taken by Member State and Union authorities;

Amendment 65 #

Draft opinion
Paragraph 4 c (new)

4c. Calls for intermediary providers of information society services to introduce a 'Know Your Business Customer' (KYBC) protocol to check the identity of their business customers in accordance with Directive 2000/31/EC and at the same time require intermediaries to immediately refuse or cease to provide their services if the information about the identity of their business customer is false, misleading or otherwise invalid; considers that such a KYBC protocol will not cause any inconvenience to end users of information society services and will assist the legal dissemination of creative and cultural content;

Amendment 66 #

Elżbieta KRUK, Ryszard Antoni LEGUTKO

Draft opinion
Paragraph 4 c (new)

4c. Expresses its concern regarding the undue restrictions on non-profits and small private intermediaries and urges the adoption of criteria that are objective and provide for clear exemptions that would allow content-sharing providers to untap their potential reaching a larger size, and foster a true level-playing field, which in turn would not cause an impediment to the right to science and culture;

Amendment 67 #

Draft opinion
Paragraph 4 c (new)

4c. Stresses the need to reduce uncertainty by providing precise and unambiguous definitions, enabling that regulations maintain a proper balance in the roles and responsibilities of online intermediaries, and protect consumers;

Amendment 68 #

François-Xavier BELLAMY, Tomasz FRANKOWSKI

Draft opinion
Paragraph 4 c (new)

4c. Calls on Member States, in cooperation with internet operators, Europol and Eurojust, to make notification and removal procedures more effective in order to delete violent and child-pornography content;

Amendment 69 #

Draft opinion
Paragraph 4 d (new)

4d. Calls on the Commission finally to address the dangers attendant on online platforms which act as gate keepers for certain parts of the internet (e.g. app stores, search engines, social networks, eCommerce platforms or operating systems) and in this context to take regulatory action, if necessary also in a separate legal framework, to promote freedom of expression, pluralism of content and maintenance of cultural diversity and fair competition;

Amendment 7 #

Tomasz FRANKOWSKI, Sabine VERHEYEN, Michaela ŠOJDROVÁ, Loucas FOURLAS, Theodoros ZAGORAKIS, Peter POLLÁK, François-Xavier BELLAMY, Iuliu WINKLER, Asim ADEMOV, Milan ZVER, Isabel BENJUMEA BENJUMEA

Draft opinion
Paragraph 1 a (new)

1a. Considers it essential that parties with a legitimate interest have access to reliable information on the operators of information society services, including for intellectual property enforcement and the protection of minors; regrets that the information requirements in Article 5 of Directive 2000/31/EC are insufficient for these purposes; calls for intermediaries such as domain name registrars, web hosting providers, and online advertising services to be required to verify the identity of their commercial users;

Amendment 70 #

Draft opinion
Paragraph 4 d (new)

4d. Emphasises the need to establish effective and timely remedies accessible to all, without discrimination, that will be characterised by the qualities of independence and impartiality;

Amendment 71 #

Draft opinion
Paragraph 4 d (new)

4d. Stresses that platforms should always be responsible for removing or disabling access to illegal content once they have been identified on their services;

Amendment 72 #

Draft opinion
Paragraph 4 e (new)

4e. Stresses that such sector-specific regulation should as a matter of principle take priority over horizontal regulation; underlines in this context in particular that a future Digital Services Act must neither cancel out nor undermine the existing Audiovisual Media Services Directive, nor hamper its further development, and that on the contrary the specific provisions of that Directive should continue to take precedence;

Amendment 73 #

Elżbieta KRUK, Ryszard Antoni LEGUTKO

Draft opinion
Paragraph 4 e (new)

4e. Strongly believes that the new Act should provide for an obligation for digital service interconnectivity and data portability, alongside strict data protection rules and strict protection of data sovereignty;

Amendment 74 #

Draft opinion
Paragraph 4 e (new)

4e. Stresses the importance of online services to provide transparency about their policies and processes for responding to illegal content and the appeals processes made available to users;

Amendment 75 #

Draft opinion
Paragraph 4 f (new)

4f. Reiterates that the planned, and already decided, extension of the scope of the Audiovisual Media Services Directive to video sharing platform providers and social networks with reference to the dissemination of audiovisual content can make a substantial contribution to curbing disinformation and hate speech on line, and calls once again for its rapid transposition into domestic law;

Amendment 76 #

Draft opinion
Paragraph 4 f (new)

4f. Strongly believes that the E- commerce Directive1a has been a piece of legislation with significant success and 20 years of unfettered operation, thus opines that a codification of jurisprudence by the Court of Justice of EU would be an appropriate way forward; _________________ 1aDirective 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce')

Amendment 77 #

Draft opinion
Paragraph 4 f (new)

4f. Points to the responsibility of platforms to remove or disable access to content determined to be unlawful and to impose community standards that restrict offensive and outrageous speech;

Amendment 78 #

4g. Strongly believes that there is a need to strengthen platform liability when it comes to illegal and unsafe products, thus re-enforcing the digital single market; recalls that in those cases, platform liability should be fit for its purpose considering the consumer safeguards in place which should be observed at all times and the establishment of concomitant redress measures for retailers and consumers; believes that the system could only function if enforcement authorities have sufficient powers, tools and resources to enforce the provisions and efficiently cooperate in cases with a transnational element;

Amendment 79 #

Draft opinion
Paragraph 4 g (new)

4g. Calls for audiovisual media service providers to be afforded access to the data generated by the services they provide or the content they produce, or which is directly associated therewith, if they are offered on global digital platforms, in which connection the provisions concerning the protection of personal data and privacy must always be complied with;

Amendment 8 #

Draft opinion
Paragraph 1 a (new)

1a. Calls at the same time for any regulation of platforms and intermediaries to be conceived so as to devote sufficient attention to the aspects of guaranteeing freedom of information, opinion and the media, promotion of media pluralism and cultural diversity, and maintaining diverse, fair competition;

Amendment 80 #

Draft opinion
Paragraph 4 g (new)

4g. Stresses the need for rules enabling the swift removal of sites or social media accounts where scams and frauds have been identified;

Amendment 81 #

Elżbieta KRUK, Andrey SLABAKOV

Draft opinion
Paragraph 4 h (new)

4h. Calls for data-based commercial advertising models to be regulated, at the same time making them subject to strict transparency rules, and for platforms with a dominant market position to be made subject to interoperability requirements;

Amendment 82 #

Draft opinion
Paragraph 4 h (new)

4h. Stresses the need to adapt existing rules to the digital age and technological advancements with an aim in promoting access to European works and preserving cultural diversity;

Amendment 83 #

Draft opinion
Paragraph 4 i (new)

4i. Calls for the introduction of a binding European single sign-on standard for digital services and downstream services, where these are provided in the EU, including mobile apps and websites, in order, in future too, to ensure independent access for citizens of the EU;

Amendment 84 #

Draft opinion
Paragraph 4 i (new)

4i. Notes the benefits of mutually supportive approaches such as voluntary practices, co-regulation, self-regulation, and co-governance enabling to learn, share lessons, and profit from the experience of others, while improving existing practices and developing new ones;

Amendment 9 #

Draft opinion
Paragraph 1 a (new)

1a. Emphasises that the issue of the amplification of illegal content should be tackled by uniform rules on advertising and transparency measures for social networks about the ways they remove, hide or prioritise users’ contributions;

source: 650.393

2020/05/07 TRAN 96 amendments...

Amendment 1 #

Draft opinion
Recital A

A. whereas the framework in the e- Commerce Directive pre-dates the digital economy era and thus does not reflect the technical, economic and social reality of today´s online services in the transport and tourism sector and consider the interaction with national and local regulation that is not typically harmonised at EU level;

Amendment 10 #

Draft opinion
Recital A c (new)

Ac. Stressing the need for substantial investment in IT infrastructure in order to be able to host the digital services that will build future prosperity in Europe;

Amendment 11 #

Josianne CUTAJAR, Sara CERDAS, Isabel GARCÍA MUÑOZ, István UJHELYI, Marianne VIND, Maria GRAPINI

Draft opinion
Paragraph -1 (new)

-1. Takes note of the important role played in the past two decades by the e- Commerce Directive in helping develop transport and tourism platforms in the European Digital Single Market;

Amendment 12 #

Pierre KARLESKIND, Nicola DANTI, Petras AUŠTREVIČIUS, Ondřej KOVAŘÍK, Jan-Christoph OETJEN, Izaskun BILBAO BARANDICA

Draft opinion
Paragraph 1

1. Notes that the scope of the definition of information society services provided for in the e-Commerce directive has been subject to a rich case-law by the European Court of Justice, especially regarding online platforms in the transport and short-rentals sectors, and hence needs to be clarified; notes that encouraging proactive measures by platforms ensure greater trust, security and safety for users;

Amendment 13 #

Josianne CUTAJAR, Sara CERDAS, Isabel GARCÍA MUÑOZ, István UJHELYI, Marianne VIND, Maria GRAPINI, Patrizia TOIA

Draft opinion
Paragraph 1

1. Notes that the scope of the definition of information society services provided for in the e-Commerce directive has been the subject tof a rich case-law by the European Court of Justice, especially regarding online platforms in the transport and short-rentals sectors, and hence ~~needs to be clarifi~~an updated and clear scope of the definition is needed;

Amendment 14 #

Tomasz FRANKOWSKI

Draft opinion
Paragraph 1

Amendment 15 #

Josianne CUTAJAR, Sara CERDAS, Isabel GARCÍA MUÑOZ, István UJHELYI, Marianne VIND, Maria GRAPINI

Draft opinion
Paragraph 1 a (new)

1 a. Points out that online platforms in the transport and tourism sectors have been widely welcomed by users and triggered an increase in demand, which led to efficiency improvements in the way those services are provided; notes on the other hand that the developments in the market have resulted in legal, economic, and social questions.

Amendment 16 #

Josianne CUTAJAR, Sara CERDAS, Isabel GARCÍA MUÑOZ, István UJHELYI, Marianne VIND, Maria GRAPINI, Patrizia TOIA

Draft opinion
Paragraph 1 b (new)

1 b. Highlights that the unprecedented crisis trigged by the Covid-19 pandemic has greatly increased the demand for digital services and reinforced the need for the EU to strengthen its digital sovereignty; believes in this regard that the new regulatory framework should play a key role in this new context and strike the right balance between small and big platforms, for the former to become more digital and for the latter to become more responsible.

Amendment 17 #

Josianne CUTAJAR, Sara CERDAS, Isabel GARCÍA MUÑOZ, István UJHELYI, Marianne VIND, Maria GRAPINI, Patrizia TOIA

Draft opinion
Paragraph 1 c (new)

1 c. Recalls that the absence of clear, transparent and up-to-date rules for online platforms in the field of transport and tourism has resulted in market fragmentation and uncertainty which damages businesses and constitutes a deterrent for newcomers entering the market;

Amendment 18 #

Draft opinion
Paragraph 2

2. Calls on the Commission to clarify the liability of Transport and Tourism platforms; ~~invites the Commission to set a uniform obligation for platforms to verify the legality of the service offered and the~~stresses the need to promote responsible behaviour, transparency, legal certainty and thereby increase user confidence; invites the Commission to set a uniform obligation for short-term rental and mobility platforms to request from service providers a predefined and commonly agreed set of documents and certificates attesting the safety of the service offered, to verify the legality of the professional service providers, and to ~~act on~~take measures against illegal content, through a legally binding Notice and Action procedure., in order to create and maintain safer environment and legal certainty for the users and public authorities;

Amendment 19 #

Elżbieta Katarzyna ŁUKACIJEWSKA

Draft opinion
Paragraph 2

2. Calls on the Commission to clarify the liability of Transport and Tourism platforms; invites the Commission to set a uniform obligation for platforms to verify the legality of the service offered and the service provider and to act on illegal content, through a legally binding Notice and Action procedure.; calls on the Commission to require service providers to verify the information and identity of the business partners with whom they have a contractual commercial relationship, and to ensure that the information they provide is accurate and up-to-date;

Amendment 2 #

Patrizia TOIA, Alessandra MORETTI, Giuseppe FERRANDINO

Draft opinion
Recital A

A. whereas the framework in the e- Commerce Directive pre-dates the digital economy era and thus does not reflect the technical, economic, labour and social reality of today´s online services in the transport and tourism sector;

Amendment 20 #

Draft opinion
Paragraph 2

2. Calls on the Commission to clarify the liability of Transport and Tourism platforms; invites therefore the Commission to set a uniform obligation for platforms to verify the legality of the service offered and the ~~service provider and~~information provided by the service provider through the introduction of due diligence protocols, urges the Commission to act on illegal content, through a legally binding Notice and Action procedure.

Amendment 21 #

Josianne CUTAJAR, Sara CERDAS, István UJHELYI, Marianne VIND, Patrizia TOIA

Draft opinion
Paragraph 2

2. Calls on the Commission to clarify the liability of Transport and Tourism platforms; invites the Commission to set a uniform obligation for platforms to verify the legality of the service offered and the service provider and to act on illegal content, through a legally binding Notice and Action procedure. Highlights that following notification, in case of inaction by the platform, an effective, dissuasive and proportionate sanction mechanism should be put in place;

Amendment 22 #

Draft opinion
Paragraph 2

2. Calls on the Commission to clarify the liability of Transport and Tourism platforms, depending on the business model employed in each case; invites the Commission to set a uniform obligation for platforms to verify the legality of the service offered and the service provider and to act on illegal content, once a competent authority has provided with information to constitute actual knowledge of an illegality, through a legally binding Notice and Action procedure.

Amendment 23 #

Draft opinion
Paragraph 2

2. Calls on the Commission to clarify the scope of liability of Transport and Tourism platforms;, invites the Commission to set a uniform obligation for platforms to verify the legality of the service offered and the service provider and to act on illegal content, through a legally binding Notice and Action procedure. particular by drawing a clear line between the liability of the platform and of the user; points out that the issue of civil liability is one of the greatest challenges for the full exploitation of the potential of artificial intelligence in the area of autonomous mobility;

Amendment 24 #

Tomasz FRANKOWSKI

Draft opinion
Paragraph 2

Amendment 25 #

Draft opinion
Paragraph 2

2. Calls on the Commission to clarify the liability of Transport and Tourism platforms; invites the Commission to set a uniform obligation for platforms to verify the legality and veracity of the service offered and the service provider and to act on illegal content, through a legally binding Notice and Action procedure.

Amendment 26 #

Draft opinion
Paragraph 2

2. Calls on the Commission to clarify the liability of Transport and Tourism platforms; invites the Commission to set a uniform obligation for platforms to ~~verify the legality of the service offered and~~identify the service provider and to act on illegal content, through a legally binding Notice and Action procedure.

Amendment 27 #

Draft opinion
Paragraph 2

Amendment 28 #

Josianne CUTAJAR, Sara CERDAS, Isabel GARCÍA MUÑOZ, István UJHELYI, Marianne VIND, Maria GRAPINI

Draft opinion
Paragraph 2 a (new)

2 a. Draws attention to the very specific nature of content on transport and tourism platforms compared to other sectors, which needs to be compliant with precise criteria. Calls for a sector-specific EU-coordinated effort involving all stakeholders to agree on sets of criteria, in line with Single Market rules, necessary to offer a service on a platform with the objective of facilitating cooperation and boosting business opportunities.

Amendment 29 #

Draft opinion
Paragraph 2 a (new)

2 a. Calls on the Commission to establish a legal obligation for digital platforms to verify that the services they offer are legal and that their providers have all the permits, licences and certificates required under national or European law; stresses that the issue of insecurity in using transport and tourism services offered by digital platforms represents a major challenge and a significant barrier to their further development;

Amendment 3 #

Josianne CUTAJAR, Sara CERDAS, Isabel GARCÍA MUÑOZ, István UJHELYI, Marianne VIND, Maria GRAPINI

Draft opinion
Recital A a (new)

A a. whereas throughout the transport and tourism online platform ecosystem, a limited number of companies dominate the market, functioning as gatekeepers which set high entry to market barriers stifling competition and thereby limiting options for consumer;

Amendment 30 #

Henna VIRKKUNEN

Draft opinion
Paragraph 8 a (new)

8 a. Stresses the need for extended liability for the online marketplaces, when these marketplaces are facilitating the sale of goods or services to a consumer on the European market and when there is no manufacturer, importer or distributor established in the EU that can be held liable.

Amendment 31 #

Pierre KARLESKIND, Izaskun BILBAO BARANDICA, Petras AUŠTREVIČIUS, Ondřej KOVAŘÍK, Nicola DANTI, Jan-Christoph OETJEN

Draft opinion
Paragraph 2 a (new)

2 a. Invites the Commission to set up an EU-wide principles to clarify the highly fragmented notice and action processes, depending on the type of digital service offered and actors involved; believes that different services come with different responsibilities and the approach to regulate harmful content should take this principle into consideration;

Amendment 32 #

Draft opinion
Paragraph 2 a (new)

2 a. Calls on the Commission to establish a set of information obligations for short-term rental platforms, in order to keep their service providers informed about any related relevant national, regional and local legislation in force;

Amendment 33 #

Pierre KARLESKIND, Izaskun BILBAO BARANDICA, Petras AUŠTREVIČIUS, Ondřej KOVAŘÍK, José Ramón BAUZÁ DÍAZ, Caroline NAGTEGAAL, Nicola DANTI, Jan-Christoph OETJEN

Draft opinion
Paragraph 2 a (new)

2a. Calls on the Commission to devote particular attention to the situation of SMEs and to design future legislation in such a way as to improve conditions for these undertakings.

Amendment 34 #

Draft opinion
Paragraph 2 b (new)

2 b. Highlights the importance of collaborative economy platforms in the Transport and Tourism sectors, on which services are provided by both individuals and professionals; stresses the importance of avoiding imposing disproportionate information obligations and unnecessary administrative burden on peer-to-peer providers of services;

Amendment 35 #

Draft opinion
Paragraph 2 b (new)

2 b. Calls on the Commission to create a legal framework for the development of technologies that make use of artificial intelligence and big data in the transport sector; stresses that the mobility of the future will be based on autonomous vehicles and intelligent infrastructure that communicate with each other in real time;

Amendment 36 #

Pierre KARLESKIND, Izaskun BILBAO BARANDICA, Petras AUŠTREVIČIUS, Ondřej KOVAŘÍK, José Ramón BAUZÁ DÍAZ, Caroline NAGTEGAAL, Jan-Christoph OETJEN

Draft opinion
Paragraph 2 b (new)

2b. Stresses that future legislation must reduce the total administrative burden on SMEs, as one way of increasing their competitiveness.

Amendment 37 #

Markus FERBER

Draft opinion
Paragraph 3

~~3. Stresses the importance of establishing a European Authority tasked with overseeing the online platform market, with offices for Transport and Tourism.~~deleted

Amendment 38 #

Draft opinion
Paragraph 3

3. ~~Stresse~~Recalls the importance of e~~stablishing a European Authority tasked with overseeing the online platform market, with offices for Transport and Tourism.~~nsuring an effective implementation and enforcement of the rules affecting the online platform market by existing EU institutions, agencies and bodies; stresses the importance and the particularities of the Transport and Tourism online platform market, which require a sector-specific approach and special attention in that matter;

Amendment 39 #

Marianne VIND

Draft opinion
Paragraph 3

3. Stresses the importance of establishing a European Authority tasked with overseeing the online platform market, with offices for Transport and Tourism. Emphasizes the importance of regulating and overseeing the underlying algorithms of platform companies to avoid discrimination, misinformation and exploitation of workers.

Amendment 4 #

Josianne CUTAJAR, Sara CERDAS, Isabel GARCÍA MUÑOZ, István UJHELYI, Marianne VIND, Maria GRAPINI

Draft opinion
Recital A b (new)

A b. whereas digital online platforms in the transport sector are labour intensive and typically rely on a non-standard workforce whose conditions of employment, representation and social protection remain unclear and disadvantaged; whereas policy responses to this issue has remained so far unsatisfactory both at EU and Member State level;

Amendment 40 #

Josianne CUTAJAR, Sara CERDAS, Isabel GARCÍA MUÑOZ, István UJHELYI, Marianne VIND, Maria GRAPINI

Draft opinion
Paragraph 3

3. Stresses the importance of establishing a European Authority tasked, among other things, with overseeing the online platform market and facilitating data sharing and redress for consumers, with offices for Ttransport and Ttourism.

Amendment 41 #

Draft opinion
Paragraph 3

3. Stresses the importance of establishing a European Authority tasked with overseeing the online platform market, with offices for Transport and Tourism, which collaborates closely with the competent authorities in the Member States.

Amendment 42 #

Draft opinion
Paragraph 3

3. Stresses the importance of ~~establishing a European Authority tasked with overseeing the online platform market, with offices for Transport and Tourism~~overseeing the online platform market at European level.

Amendment 43 #

Pierre KARLESKIND, Izaskun BILBAO BARANDICA, Petras AUŠTREVIČIUS, Ondřej KOVAŘÍK, José Ramón BAUZÁ DÍAZ, Caroline NAGTEGAAL, Nicola DANTI, Jan-Christoph OETJEN

Draft opinion
Paragraph 3 a (new)

3 a. Asks the EC to further clarify how the country of origin principle works, including the possible derogations, to guarantee legal certainty across the EU;

Amendment 44 #

Draft opinion
Paragraph 4

4. Calls on the Commission to enhance the relationship between stakeholders and local authorities in the Short-Term Rental market and mobility services.; believes that the Digital Services Act should aim at ensuring legal certainty and clarity by creating a governance framework formalising the cooperation between short-term rental and mobility platforms and national, regional and local authorities;

Amendment 45 #

Patrizia TOIA, Alessandra MORETTI, Giuseppe FERRANDINO

Draft opinion
Paragraph 4

4. Calls on the Commission to enhance the relationship between stakeholders and local authorities in the Short-Term Rental market and mobility services. by means of clear and specific recommendations applicable across the board to the various EU Member States;

Amendment 46 #

Josianne CUTAJAR, Sara CERDAS, Isabel GARCÍA MUÑOZ, István UJHELYI, Marianne VIND, Maria GRAPINI, Patrizia TOIA

Draft opinion
Paragraph 4

4. Calls on the Commission to enhance the relationship between stakeholders and local authorities in the Short-Term Rental market and mobility services., with the objective of sharing best practices to improve the ease of doing business in the EU

Amendment 47 #

Draft opinion
Paragraph 5

5. Draws attention to the importance of data also as strategic public goods and underlines the relevance of data access in the platform economy; highlights the vital role data plays for local governments in enforcing and developing policies in the fields of Transport and Tourism; welcomes the Communication of the European Commission on a European data strategy1, in particular the development of common European data spaces in strategic economic sectors, such as transport and mobility, in compliance with data protection rules; invites therefore the Commission to carefully work on a Common European mobility data space as detailed in the roadmap 1 European Commission, Communication from the Commission to the European Parliament, the Council, the European Social and Economic Committee and the Committee of the Regions on a European data strategy, 19.02.2020, COM(2020) 66 final

Amendment 48 #

Draft opinion
Paragraph 5

5. Draws attention to the importance of data access in the platform economy; highlights the vital role data plays for local governments in enforcing and developing policies in the fields of Transport and Tourism; considers that the Union should take and have the lead when it comes to IA adapted to transport and tourism, both in terms of legislation and as regards to research, innovation and development policies and projects; considers that IA should also incorporate blockchain and decentralised ledger technologies (DLT) due to their importance in the transaction, communication and information-sharing;

Amendment 49 #

Julie LECHANTEUX

Draft opinion
Paragraph 5

5. Draws attention to the importance of data access in the platform economy; highlights the vital role data plays for local governments in enforcing and developing policies in the fields of Transport and Tourism; stresses the need for the authorities to have access to these data in order to transpose virtual ordering into the technical, economic and social reality of online services, with a view to protecting the consumer and combating social fraud and unfair competition in the transport and tourism sectors;

Amendment 5 #

Josianne CUTAJAR, Sara CERDAS, Isabel GARCÍA MUÑOZ, István UJHELYI, Marianne VIND

Draft opinion
Recital A a (new)

A a. whereas the digitalisation of the economy has developed new services and products, also in transport industries, together with new forms of labour which tend to be under unequal labour rights than off-line sectors, or even under precarious job contracts both in terms of time worked and salary; whereas the COVID–19pandemic has increased the exposure of these workers to the disease, increasing such inequality;

Amendment 50 #

Henna VIRKKUNEN

Draft opinion
Paragraph 5

5. Draws attention to the importance of data access, data portability and transparent data governance in the platform economy; highlights the vital role data plays for local governments in enforcing and developing policies in the fields of Transport and Tourism;, as well as in creating new innovate services that contribute to Europe's competitiveness; highlights the need for enhanced access to data for SMEs in the Transport and Tourism sector.

Amendment 51 #

Draft opinion
Paragraph 5

Amendment 52 #

Draft opinion
Paragraph 5

5. Draws attention to the importance of data access in the platform economy, in line with the General Data Protection Regulation; highlights the vital role data plays for local governments in enforcing and developing policies in the fields of Transport and Tourism;

Amendment 53 #

Pierre KARLESKIND, Izaskun BILBAO BARANDICA, Petras AUŠTREVIČIUS, Ondřej KOVAŘÍK, José Ramón BAUZÁ DÍAZ, Caroline NAGTEGAAL, Nicola DANTI, Jan-Christoph OETJEN

Draft opinion
Paragraph 5

Amendment 54 #

Draft opinion
Paragraph 5 a (new)

5 a. Welcomes the Commission's agreement1a with certain platforms of the short-term rental sector on data sharing reached in March 2020 ; believes that this agreement will enable local authorities to better understand the development of collaborative economy and will allow for a reliable and continuous data sharing, therefore supporting an evidence-based policy making; calls on the Commission to undertake further steps by initiating a more comprehensive data sharing framework for short-term rental online platforms, following consultations of all relevant stakeholders, and to establish an obligation for systemic platforms to share their data accordingly1b, with Eurostat and the national statistics office of the country where the service providers operate; _________________ 1a"Commission reaches agreement with collaborative economy platforms to publish key data on tourism accommodation"; https://ec.europa.eu/commission/presscor ner/detail/en/IP_20_194. 1bIn full compliance with 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.

Amendment 55 #

Isabel GARCÍA MUÑOZ, Josianne CUTAJAR

Draft opinion
Paragraph 5 a (new)

5a. Stresses the need to promote data exchanges, digitisation and big data on transport and logistics platforms in the interests of greater efficiency in the organisation and management of freight and passenger flows and in the use of infrastructures and resources; calls on the Commission to coordinate these platforms at EU level to improve supply chain visibility, real-time traffic management and cargo flows, as well as simplifying and reducing TEN-T administrative formalities, especially along cross-border sections;

Amendment 56 #

Jörgen WARBORN

Draft opinion
Paragraph 5 a (new)

5a. Draws attention to the importance of data for the transport industry, to support the technical development of AI and 5G and connected and automated mobility; considers that the Commission should facilitate businesses' innovation and trading in data, in full compliance with EU law on privacy and data protection; takes the view that data needs to flow freely between vehicles and services, between Member States and between the EU and third countries; to this end, data localisation requirements must be avoided, data must be covered by the EU's free trade agreements, and work on decisions on adequacy with various countries must be accelerated.

Amendment 57 #

Josianne CUTAJAR, Sara CERDAS, Isabel GARCÍA MUÑOZ, István UJHELYI, Marianne VIND, Maria GRAPINI

Draft opinion
Paragraph 5 a (new)

5 a. Urges the Commission to devise a data sharing policy that is secure for all stakeholders and preserves competition across the transport market. Highlights the work of the Digital Transport Logistics Forum on "Federated Platforms" focused on identifying the needs of both the public and private sector. Underlines the essential role data sharing will have in supporting European SME’s development and their innovation drive, and in deploying a Europe wide Intelligent Transport System (ITS) network aligned with road safety and environmental objectives of the Union;

Amendment 58 #

Draft opinion
Paragraph 5 a (new)

5 a. Stresses that the development of a data-based economy must not take place at the expense of protecting users' personal data; notes that so-called raw data, i.e. unprocessed and non-personal data, generated by platforms operating in the field of transport can serve important social purposes; calls on the Commission to create a legal framework and a system of incentives to make raw data available to third parties for the purposes of research and cooperation between platforms in the area of interoperability;

Amendment 59 #

Karima DELLI

Draft opinion
Paragraph 5 a (new)

5 a. Calls on the Commission to ensure that competitive access to in vehicle data for the purpose of maintenance and repair, as well as for mobility startups, is being enhanced in the upcoming legislation, while ensuring the highest standard of data protection.

Amendment 6 #

Draft opinion
Recital A a (new)

A a. having regard to the positive impact of the functioning of digital platforms on the accessibility of transport and tourism services, as well as their important contribution to the development of intelligent transport system technologies, particularly in the area of autonomous vehicles;

Amendment 60 #

Josianne CUTAJAR, Sara CERDAS, Isabel GARCÍA MUÑOZ, István UJHELYI, Marianne VIND, Maria GRAPINI

Draft opinion
Paragraph 5 b (new)

5 b. Draws attention to the potential Mobility as a Service (MaaS) platforms hold in digitalizing, automating and decarbonizing EU mobility.Calls on the Commission to evaluate the deployment of balanced MaaS systems and allow for a degree of control by local governments on such systems to prevent monopolies and guarantee the enforcement of relevant laws and policies. .

Amendment 61 #

Josianne CUTAJAR, Sara CERDAS, Isabel GARCÍA MUÑOZ, István UJHELYI, Marianne VIND, Maria GRAPINI

Draft opinion
Paragraph 6

6. Stresses the need to build on the P2B Regulation1a to limit the dominance of market giants in the Ttransport and Ttourism sector; ~~stresse~~highlights the urgency for the Commission to establish well defined criteria regarding “"size”" of platforms. Denounces the worrying problem of preferencing and self-preferencing on online search engines for the tourism platform market, which creates a shopping bias and can lead to monopolies in the sector. _________________ 1aRegulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (OJ L 186, 11.7.2019, p. 57).

Amendment 62 #

Pierre KARLESKIND, Izaskun BILBAO BARANDICA, Petras AUŠTREVIČIUS, Ondřej KOVAŘÍK, José Ramón BAUZÁ DÍAZ, Caroline NAGTEGAAL, Nicola DANTI, Jan-Christoph OETJEN

Draft opinion
Paragraph 6

6. Stresses the need to build on the P2B Regulation to limit the dominance of market giants in the Transport and Tourism sector~~; stresses the urgency for the Commission to establish well defined criteria regarding “size” of platform~~, with the aim of preserving a diversity of actors, ensuring satisfactory competition and preventing the emergence of monopolies.

Amendment 63 #

Draft opinion
Paragraph 6

6. Stresses the need to build on the P2B Regulation to limit the dominance of market giants in the Transport and Tourism sector; stresses the urgency for the Commission to establish ~~well defined criteria regarding “size” of~~clear criteria and to provide for a definition of “systemic platforms.”;

Amendment 64 #

Draft opinion
Paragraph 6

6. Stresses the need to build on the P2B Regulation to limit the dominance of market giants in the Transport and Tourism sector; stresses the urgency for the Commission to establish ~~well defined~~clear and objective criteria regarding “size” of platforms.

Amendment 65 #

Josianne CUTAJAR, Sara CERDAS, Isabel GARCÍA MUÑOZ, István UJHELYI, Marianne VIND, Maria GRAPINI

Draft opinion
Paragraph 6 a (new)

6 a. Emphasises the need for the Commission to address the current regulatory Internal Market fragmentation; stresses the need in ensuring that no free rider effect takes place in platform’s investment; Underlines the urgency of reviewing the current framework conditions, particularly in the area of competition law to avoid oligopolistic market situations and ensuring that the pricing interface between platforms to consumer and business to platforms is fair. Supports ecosystems that promote a level playing field for innovators, businesses, and new market entrants, in particular SMEs and start-ups.

Amendment 66 #

Pierre KARLESKIND, Nicola DANTI, Petras AUŠTREVIČIUS, Ondřej KOVAŘÍK, Jan-Christoph OETJEN, Izaskun BILBAO BARANDICA

Draft opinion
Paragraph 6 a (new)

6 a. Stresses that limited competition in the market for digital services in transport and tourism creates a significant barrier for small and medium-sized enterprises; recommends that the Commission's planned legislation should take into account the differences in potential between operators in the single market in terms of the administrative or financial burdens that they face;

Amendment 67 #

Draft opinion
Paragraph 6 a (new)

6 a. Acknowledges that the digital economy, particularly platforms, can have a significant impact on long-established regulated business models in many strategic sectors such as transportation and hospitality; stresses the need to foster a level-playing field between online platforms and traditional enterprises operating in the transport and tourism sectors;

Amendment 68 #

Draft opinion
Paragraph 7

~~7. Calls on the Commission to come up with a comprehensive framework to align the working conditions of platform workers with those of regular employees;~~deleted

Amendment 69 #

Josianne CUTAJAR, Sara CERDAS, Isabel GARCÍA MUÑOZ, István UJHELYI, Marianne VIND, Johan DANIELSSON, Maria GRAPINI, Patrizia TOIA

Draft opinion
Paragraph 7

7. Calls on the Commission to come up with a comprehensive framework to align the working conditions of platform workers in line with those of regular ~~employees;~~ /standard workers to benefit fully from job creation and innovation opportunity of platform work in the transport sector; welcomes in this regard the new Directive on Transparent and Predictable Working Conditions2a and the Council Recommendation on Access to social protection for workers and the self- employed2b; calls on the Commission to closely monitor the enforcement of the acquis in this area. _________________ 2aDirective (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union (OJ L 186, 11.7.2019, p. 105–121). 2bCouncil Recommendation of 8 November 2019 on access to social protection for workers and the self - employed 2019/C 387/01 (OJ C 387, 15.11.2019, p. 1–8).

Amendment 7 #

Draft opinion
Recital A a (new)

Aa. Stressing the many positive effects that the increased digitisation of the transport and tourism sectors has had, in the form of increased freedom of choice, better use of resources and easier exchanges between people and businesses;

Amendment 70 #

Vera TAX

Draft opinion
Paragraph 7

7. Calls on the Commission to come up with a comprehensive framework ~~to align the~~directive to guarantee fair working conditions ofor platform workers ~~with those of regular employees~~, including the right to exercise the freedom of association and collective bargaining, the right to strike, having a say in the functioning of applications and rating mechanisms, compliance with health and safety regulations and the rules on maximum working periods, and the provision of obligatory training and education as well as any required protection gear at the expense of the platform;

Amendment 71 #

Draft opinion
Paragraph 7

7. Calls on the Commission to come up with a comprehensive framework, with the aim of becoming a single rulebook, to align the working conditions and setting standards of platform workers with those of regular employees; stresses that these standards should help at enhancing the modernisation and renovation of economies, offering re-skilling programs to workers who may be left behind, and empowering citizens;

Amendment 72 #

Draft opinion
Paragraph 7

7. CStresses that the functioning of digital platforms in the field of transport and tourism has played a positive role in creating new jobs, especially for young people and unskilled workers; calls on the Commission to come up with a comprehensive framework to align the working conditions of platform workers with those of regular employees;

Amendment 73 #

Johan DANIELSSON

Draft opinion
Paragraph 7

7. Calls on the Commission to come up with a comprehensive framework to align the working conditions of platform workers with those of regular employees, while fully respecting the autonomy of social partners and national labour market models;

Amendment 74 #

Josianne CUTAJAR, Sara CERDAS, Isabel GARCÍA MUÑOZ, István UJHELYI, Marianne VIND

Draft opinion
Paragraph 7

7. Calls on the Commission to come up with a binding comprehensive framework to align the working conditions of platform workers with those of regular employees;

Amendment 75 #

Henna VIRKKUNEN

Draft opinion
Paragraph 7 a (new)

7 a. highlights that the era of digital economy should not be characterized by job insecurity and disparity between the self-employed and those in traditional employment; encourages the Member States and the European Commission to assess the adequacy of national employment rules and the provisions of EU labour law, especially considering the needs of self-employed and freelance workers in the digital world, as well as the innovative business models in the Transport and Tourism sector.

Amendment 76 #

Josianne CUTAJAR, Sara CERDAS, Isabel GARCÍA MUÑOZ, István UJHELYI, Marianne VIND, Johan DANIELSSON, Maria GRAPINI, Patrizia TOIA

Draft opinion
Paragraph 7 a (new)

7 a. Notes the International Labour Organisation’s call for the establishment of an international governance system requiring platform holders to respect certain minimum rights and protections and regulating the use of data and algorithmic accountability in the world of work. Recalls the fundamental right for workers of all categories enshrined in the EU Charter of Fundament Rights to take collective action to defend their interests.

Amendment 77 #

Draft opinion
Paragraph 8

8. Emphasizes the need for transparency ion Ttransport and Ttourism platforms, specifically on algorithms affecting service, pricing, and advertising. Calls for the implementation of the existing acquis and for further and clearer rules, in transport and tourism platforms on compulsory information to consumers on the rationale behind the personalization of prices and offers, especially when made by automatic decision making software, and the reasons behind the ranking of services they are presented with, for them not to be misled or have information omitted.

Amendment 78 #

Pierre KARLESKIND, Nicola DANTI, Petras AUŠTREVIČIUS, Ondřej KOVAŘÍK, Izaskun BILBAO BARANDICA

Draft opinion
Paragraph 8

8. Emphasizes the need for transparency in Transport and Tourism platforms, specifically on algorithms affecting service, pricing, and advertising, but at the same time observes that the degree of transparency must be weighed up against the right to protect vital trade secrets.

Amendment 79 #

Draft opinion
Paragraph 8

8. Emphasizes the need for transparency in Transport and Tourism platforms, specifically on algorithms affecting service, pricing, a~~nd advertising.~~dvertising, and digital trust building mechanisms such as ratings and reviews;

Amendment 8 #

Draft opinion
Recital A b (new)

Ab. Drawing attention to the great opportunities that exist to further accelerate the digitisation of the transport industry, and whereas, in the light of this, future regulation must be so designed as to facilitate technological development rather than hampering it, at the same time as promoting competition on equal terms;

Amendment 80 #

Draft opinion
Paragraph 8

8. Emphasizes the need ~~for~~to guarantee transparency in the internal rules of Transport and Tourism platforms, ~~specifically on algorithms affecting service, pricing, and advertising.~~as well as their compliance with European consumer rights protection standards;

Amendment 81 #

Elżbieta Katarzyna ŁUKACIJEWSKA

Draft opinion
Paragraph 8

8. Emphasizes the need for transparency in Transport and Tourism platforms, specifically on algorithms affecting service quality, pricing, and advertising.

Amendment 82 #

Vera TAX

Draft opinion
Paragraph 8

8. Emphasizes the need for transparency on availability, service, pricing, and advertising in Transport and Tourism platforms, specifically on algorithms ~~affecting service, pricing, and advertising.~~ .

Amendment 83 #

Draft opinion
Paragraph 8 a (new)

8 a. Considers that consumers should be properly informed and their rights should be effectively guaranteed when they interact with automated decision- making systems and other innovative digital services or applications used by transport and tourism platforms; believes that it should be possible for consumers to request checks and corrections of possible mistakes resulting from automated decisions, as well as to seek redress for any damage related to the use of automated decision-making systems;

Amendment 84 #

Pierre KARLESKIND, Nicola DANTI, Petras AUŠTREVIČIUS, Ondřej KOVAŘÍK, Jan-Christoph OETJEN, José Ramón BAUZÁ DÍAZ, Izaskun BILBAO BARANDICA

Draft opinion
Paragraph 8 a (new)

8 a. Calls for full transparency in the operation of digital platforms in the transport and tourism sectors, especially as regards those registered in third countries, in terms of the algorithms affecting the availability of services, the prices offered or user profiling for advertising;

Amendment 85 #

Draft opinion
Paragraph 9

9. ~~Highlights the need for online platforms in Transport and Tourism to promote sustainability, also in line with the European Green Deal.~~Stresses the role that digitalisation can play in enhancing the sustainability of the transport and tourism sectors, especially by favouring a more efficient use of resources and under-used spaces and by supporting areas that do not traditionally benefit from tourism; highlights the need for online platforms in Transport and Tourism to promote sustainability, also in line with the European Green Deal; recalls that well informed users are the main driver of sustainable transport and tourism; invites the European Commission to set guidelines for the Transport and Tourism online platforms, providing tools and information on how to better inform their customers and users on the environmental impact of their services;

Amendment 86 #

Josianne CUTAJAR, Sara CERDAS, Isabel GARCÍA MUÑOZ, István UJHELYI, Marianne VIND, Maria GRAPINI, Patrizia TOIA

Draft opinion
Paragraph 9

9. Highlights the need for online platforms in Ttransport and Ttourism to promote sustainability through their services, also in line with the European Green Deal. by including environmentally friendly alternatives in their standard interface.

Amendment 87 #

Draft opinion
Paragraph 9

9. Highlights the need for online platforms in Transport and Tourism to promote sustainability in terms of services offered and functioning of the platform, also in line with the European Green Deal.

Amendment 88 #

Pierre KARLESKIND, Izaskun BILBAO BARANDICA, Petras AUŠTREVIČIUS, Ondřej KOVAŘÍK, José Ramón BAUZÁ DÍAZ, Caroline NAGTEGAAL, Nicola DANTI, Jan-Christoph OETJEN

Draft opinion
Paragraph 9

9. Highlights the need for online platforms in Transport and Tourism to promote sustainability, also in line with ~~the~~ European Green Deal objectives.

Amendment 89 #

Draft opinion
Paragraph 9 a (new)

9 a. Highlights the role that innovative digital platforms can play in relaunching the European transport and tourism economy and driving sustainability in this sector by shifting users habits; recalls the importance of accessibility, interoperability and exchange of up-to- date and real time travel and traffic data to foster the online offer and demand of all modes of transport, including urban transport, in line with the ITS Directive2a; calls on the European Commission to lift all unnecessary barriers preventing the emergence of an online multimodal market for urban, regional and long- distance transport services. _________________ 2aDirective 2010/40/EU of the European Parliament and of the Council of 7 July 2010 on the framework for the deployment of Intelligent Transport Systems in the field of road transport and for interfaces with other modes of transport Text with EEA relevance.

Amendment 9 #

Draft opinion
Recital A b (new)

A b. whereas the Union is not yet reaping all the benefits of interoperability, particularly due to shortcomings in standard-setting, public procurement and coordination between national competent authorities;

Amendment 90 #

Isabel GARCÍA MUÑOZ

Draft opinion
Paragraph 9 a (new)

9a. Stresses that the coordination and exchange of transport and logistics data and information at EU level, between the Member States and with Commission, has been crucial for the establishment of green corridors during the COVID-19 crisis; stresses the need to uphold this cooperation to ensure the smooth functioning of EU supply chains, the continuous movement of goods at all Trans-European Transport Network (TEN-T) internal border crossings and the protection and safety of transport workers;

Amendment 91 #

Draft opinion
Paragraph 9 a (new)

9 a. Underlines the positive impact of digital tools in promoting sustainable urban mobility; points out that modern technological solutions can play a key role in achieving the goal of reducing to zero the number of fatalities and serious injuries resulting from road accidents by 2050; calls on the Commission to take this objective into account in the proposed legislation;

Amendment 92 #

Draft opinion
Paragraph 9 a (new)

9 a. Urges the Member States and the Commission to promote interoperability between devices, applications, data repositories, services and networks, necessary to fully benefit from the deployment of information and communication technologies (ICTs), also used in the sectors of transport and tourism;

Amendment 93 #

Isabel GARCÍA MUÑOZ, Josianne CUTAJAR

Draft opinion
Paragraph 9 a (new)

9a. Stresses the need to help SMEs in the transport and tourism sector gain access to emerging digital platforms, given that most of them are under- capitalised and continue to have limited access to funding;

Amendment 94 #

Isabel GARCÍA MUÑOZ

Draft opinion
Paragraph 9 b (new)

9b. Welcomes the Commission's initiative to establish a network of national contact points in the Member States and create an EU-wide platform to facilitate the supply and exchange of information on traffic flows in green corridors, the notification of national transport measures taken by Member States in response to the coronavirus and the exchange of other relevant information; stresses the need to step up cooperation on this EU platform to ensure and maintain the continuity of the EU supply chain, especially when goods, passenger and private transport operations start to pick up;

Amendment 95 #

Isabel GARCÍA MUÑOZ

Draft opinion
Paragraph 9 c (new)

9c. Emphasises the need for a coordinated EU 'exit strategy' to re- establish the full continuity of the EU supply chain, harmonise the lifting of containment measures introduced with the onset of the COVID-19 crisis and ensure smooth traffic flows, especially along cross-border sections; calls on the Commission ensure the functioning of the EU coordination platform as part of this 'exit strategy' and to establish clear and harmonised health guidelines for all modes of transport, encouraging the exchanges of data, information and good practice between Member States; recalls that failure to adopt a common EU stance could compromise the restoration of connectivity, particularly at border crossings;

Amendment 96 #

Draft opinion
Paragraph 9 d (new)

3d. Underlines the serious impact of the COVID-19 crisis on the EU tourism industry; calls on the Commission to set up an EU platform for the exchange of data and information between operators in the tourism value chain, including workers and SMEs and local, regional and national authorities, together with other European and international organisations and stakeholders at European and international level, with the aim of establishing good EU crisis management and prevention procedures for the tourism industry and promoting sustainable, intelligent and innovative tourism;

source: 650.671

2020/05/18 IMCO 919 amendments...

Amendment 1 #

Andreas SCHIEDER, Adriana MALDONADO LÓPEZ, Clara AGUILERA, Brando BENIFEI

Motion for a resolution
Citation 1 a (new)

- having regard to Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC and Directive (EU) 2010/13 concerning the provision of audiovisual media services,

Amendment 10 #

Motion for a resolution
Citation 6 a (new)

- having regard to the opinion of the Committee of the Regions (ECON- VI/048) from 5 December 2019 on “a European framework for regulatory responses to the collaborative economy”,

Amendment 100 #

Marc ANGEL, Maria GRAPINI, Sándor RÓNAI

Motion for a resolution
Paragraph 4

4. Stresses that ~~a future-proof~~fair competition and a predictable, comprehensive EU-level framework ~~and fair competi~~without unnecessary burdens and restrictions are crucial in order to promote the growth of all businesses in the field, including European small- scale platforms, small and medium enterprises (SMEs) and start-ups~~, prevent market fragmentation and provid~~ and provide businesses, including the European ~~businesses~~ones, with a level playing field that enables them to better profit from the digital services market and be ~~more~~ competitive on the world stage;

Amendment 101 #

Motion for a resolution
Paragraph 4

4. Stresses that a future-proof, c~~omprehensive~~lear and consistent EU-level framework and fair competition are crucial in order to promote the growth of European small- scale platforms, small and medium enterprises (SMEs) and start-ups, premovent market fragmentation and provide European businesses with a level playing field that enables them to ~~better profit from~~easily sell across borders, reach a critical mass and economies of scale in the digital services market and become more competitive on the world stage;

Amendment 102 #

Motion for a resolution
Paragraph 4

4. Stresses that a future-proof, comprehensive EU-level framework and fair competition are crucial in order to increase exchanges of services between Member States, promote the growth of European small- scale platforms, small and medium enterprises (SMEs) and start-ups, prevent market fragmentation and provide European businesses with a level playing field that enables them to better profit from the digital services market and be more competitive on the world stage;

Amendment 103 #

Pablo ARIAS ECHEVERRÍA, Pilar del CASTILLO VERA, Tomislav SOKOL, Andrey KOVATCHEV, Edina TÓTH, Pascal ARIMONT, Marion WALSMANN, Kris PEETERS, Romana TOMC, Andreas SCHWAB

Motion for a resolution
Paragraph 4

Amendment 104 #

Motion for a resolution
Paragraph 4

4. Stresses that a future-proof, comprehensive EU-level framework and fair competition are crucial in order to promote the growth of European ~~small- scale~~ platforms, small and medium enterprises (SMEs) and start-ups, prevent market fragmentation and provide European businesses with a level playing field that enables them to better profit from the digital services market and be more competitive on the world stage;

Amendment 105 #

Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE

Motion for a resolution
Paragraph 4 a (new)

4a. Calls on the Commission to coordinate the activities of Digital Single Market with the ones of the Capital Markets Union, especially regarding the methodology that CMU adopts for the transition from open banking to open finance, in order to make sure that innovative enterprises will be able to have access to critical data so as to improve their capacity in developing digital products and services that the consumers value ; underscores the statement of the Executive VP of the Commission Mr Vestager on this matter and asks any future regulatory framework proposed by the Commission regarding the EU's Data Strategy to have explicit recommendations on this issue;

Amendment 106 #

Motion for a resolution
Paragraph 4 a (new)

4a. Stresses that European SMEs and start-ups should be able to compete on a level playing field with non-EU ones; notes that European businesses are often unable to access the same amount and quality of datasets as non EU-businesses, which undermines the competitiveness of European businesses in the European and global markets;

Amendment 107 #

Marc ANGEL, Adriana MALDONADO LÓPEZ, Maria GRAPINI, Clara AGUILERA, Sándor RÓNAI

Motion for a resolution
Paragraph 4 a (new)

4a. Highlights that a fully integrated Single Market for e-commerce will greatly benefit consumers by removing regulatory fragmentation which is one of the root causes of geoblocking;

Amendment 108 #

Marc ANGEL, Adriana MALDONADO LÓPEZ, Maria GRAPINI, Clara AGUILERA, Sándor RÓNAI

Motion for a resolution
Paragraph 4 b (new)

4b. Calls on the Commission to make use of the most efficient regulatory tools, in particular harmonisation and mutual recognition, as highlighted in the interinstitutional agreement on better law- making;

Amendment 109 #

Marc ANGEL, Brando BENIFEI, Adriana MALDONADO LÓPEZ, Maria GRAPINI, Clara AGUILERA, Sándor RÓNAI

Motion for a resolution
Paragraph 4 c (new)

4c. Invites the Commission to thoroughly examine the clarity and consistency of the existing legal framework applying to online sales in order to identify possible gaps and contradictions; highlights that the goal of the DSA should be to stimulate sustainable growth and online sales across the Single Market, while guaranteeing a high level of consumer protection;

Amendment 11 #

Andreas SCHIEDER, Adriana MALDONADO LÓPEZ, Clara AGUILERA, Brando BENIFEI

Motion for a resolution
Citation 6 b (new)

- having regard to the opinion of the Committee of the Regions (SEDEC- VI/051) from 5 December 2019 on “platform work –local and regional regulatory challenges”,

Amendment 110 #

Adam BIELAN, Eugen JURZYCA, Andżelika Anna MOŻDŻANOWSKA

Motion for a resolution
Paragraph 5

Amendment 111 #

Eugen JURZYCA, Beata MAZUREK

Motion for a resolution
Paragraph 5

Amendment 112 #

Motion for a resolution
Paragraph 5

Amendment 113 #

Alex AGIUS SALIBA, Adriana MALDONADO LÓPEZ, Maria-Manuel LEITÃO-MARQUES, Clara AGUILERA, Brando BENIFEI, Maria GRAPINI, Andreas SCHIEDER, Sándor RÓNAI, Evelyne GEBHARDT, Biljana BORZAN, Sylvie GUILLAUME

Motion for a resolution
Paragraph 5

5. Takes the view that a level playing field in the internal market between the platform economy and the "traditional" offline economy, based on the same rights and obligations for all interested parties - consumers and businesses - is needed; considers that social protection and the full access to and respect of fundamental and social rights ofor all workers~~, especially of platform or collaborative economy workers should be properly addressed in a specific instrument, accompanying~~ should be ensured, especially of non-standard workers, including platform or collaborative economy workers; considers necessary that these conditions and the obligations of digital labour platforms as employers be properly addressed and guaranteed in a specific binding legal instrument, to be presented at the same time of the future regulatory framework; of the Digital Services Act;

Amendment 114 #

Motion for a resolution
Paragraph 5

5. Takes the view that a level playing field in the internal market between the platform economy and the "traditional" offline economy, based on the same rights and obligations for all interested parties - consumers and businesses - is needed; considers that social protection and social rights of workers, especially of platform or collaborative economy workers should be properly addressed in a specific instrument, accompanying the future regulatory framework, focusing on new transport services and short-term leases, necessitating legal certainty at European level and an approach that facilitates the sharing of platform data with market surveillance authorities;

Amendment 115 #

Andreas SCHIEDER, Sylvie GUILLAUME, Adriana MALDONADO LÓPEZ, Clara AGUILERA

Motion for a resolution
Paragraph 5

5. Takes the view that a level playing field in the internal market between the platform economy and the "traditional" offline economy, based on the same rights and obligations for all interested parties - consumers and businesses - is needed; considers that social protection and social rights of workers, especially of platform or collaborative economy workers, regardless of whether they are formally employed, should be properly addressed in a specific instrument, accompanying the future regulatory framework, which ensures protection against vulnerable working conditions and sets out enforceability mechanisms to ensure compliance by the platforms;

Amendment 116 #

Motion for a resolution
Paragraph 5

5. Takes the view that a level playing field in the internal market between the platform economy and the "traditional" offline economy, based on the same rights and obligations for all interested parties - consumers and businesses - is needed; ~~considers~~stresses that platforms must have the same employer status as traditional companies and that social protection and social rights of workers, especially of platform or collaborative economy workers ~~should~~needs to be properly addressed in a specific instrument, accompanying the future regulatory framework; recalls that such a specific instrument needs to be ready before the Digital Services Act enters into force;

Amendment 117 #

Pablo ARIAS ECHEVERRÍA, Pilar del CASTILLO VERA, Tomislav SOKOL, Andrey KOVATCHEV

Motion for a resolution
Paragraph 5

Amendment 118 #

Andreas SCHIEDER, Sylvie GUILLAUME, Adriana MALDONADO LÓPEZ, Clara AGUILERA

Motion for a resolution
Paragraph 5

5. Takes the view that a level playing field in the internal market between the platform economy and the "traditional" offline economy~~, based on the same rights and obligations for all interested parties - consumers and businesses -~~ is needed; considers that social protection and social rights of workers, especially of platform or collaborative economy workers should be properly addressed in a specific instrument, accompanying the future regulatory framework; asks the Commission to introduce further information obligation for collaborative economy platforms in line with data protection rules, as it is essential for local authorities in order to ensure the availability of affordable housing;

Amendment 119 #

Motion for a resolution
Paragraph 5

5. Takes the view that a level playing field in the internal market between the platform economy and the "traditional" offline economy, in line with existing competition law and maintaining the principle of "what is illegal offline is illegal online", based on the same rights and obligations for all interested parties - consumers and businesses - is needed; considers that social protection and social rights of workers, especially of platform or collaborative economy workers should be properly addressed in a specific instrument, accompanying the future regulatory framework;

Amendment 12 #

Martin SCHIRDEWAN, Emmanuel MAUREL, Stelios KOULOGLOU

Motion for a resolution
Citation 7 a (new)

- having regard to the study by Dr Melanie Smith "Enforcement and cooperation between Member States in a Digital Services Act", commissioned by the European Parliament’s Committee on Internal Market and Consumer Protection, Luxembourg, 2020,

Amendment 120 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Sandro GOZI, Stéphanie YON-COURTIN, Svenja HAHN

Motion for a resolution
Paragraph 5

5. Takes the view that a level playing field in the internal market between the platform economy and the "traditional" offline economy, based on the same rights and obligations for all interested parties - consumers and businesses - is needed; considers that ~~social protection and social rights of workers, especially~~the Digital Single Act should not tackle the issue of platform wor ~~collaborative economy workers should be properly addressed in a specific instrument, accompanying the future regu~~kers; notes that a report is being prepared by the relevant committee of the European Parliament on “Fair working conditions, rights and social protection for platfor~~y framework~~m workers - New forms of employment linked to digital development”;

Amendment 121 #

Tsvetelina PENKOVA

Motion for a resolution
Paragraph 5

Amendment 122 #

Eugen JURZYCA, Adam BIELAN, Beata MAZUREK, Andżelika Anna MOŻDŻANOWSKA

Motion for a resolution
Paragraph 5

Amendment 123 #

Motion for a resolution
Paragraph 5

Amendment 124 #

Marc ANGEL

Motion for a resolution
Paragraph 5

5. Takes the view that a level playing field in the internal market between the platform economy and the "traditional" offline economy, ~~based on the same rights and obligations for all interested parties - consumers and businesses - is needed~~is needed for all interested parties; considers that social protection and social rights of workers, especially of platform or collaborative economy workers should be properly addressed in a specific instrument, accompanying the future regulatory framework;

Amendment 125 #

Adam BIELAN, Beata MAZUREK, Eugen JURZYCA

Motion for a resolution
Paragraph 5

5. Takes the view that a level playing field in the internal market between the platform economy and the "traditional" offline economy, based on the same rights and obligations for all interested parties - consumers and businesses - is needed; considerdifferentiating between the “digital” single market and the “offline” single market does not describe market realities; supports a level playing field for all participants of the internal market; notes that social protection and social rights of workers, especially of platform or collaborative economy workers are subject to national policies and should be ~~proper~~only addressed ion ~~a specific instrument, accompanying the future regulatory framework~~the EU level in accordance to the proportionality and subsidiarity principles;

Amendment 126 #

Brando BENIFEI, Maria GRAPINI, Andreas SCHIEDER, Sylvie GUILLAUME, Adriana MALDONADO LÓPEZ, Clara AGUILERA

Motion for a resolution
Paragraph 5

5. Takes the view that a level playing field in the internal market between the platform economy and the "traditional" ~~offline~~ economy, based on the same rights and obligations for all interested parties - consumers and businesses - is needed; considers that social protection and social rights of workers, especially of platform or collaborative economy workers should be properly addressed in a specific instrument, accompanying the future regulatory framework;

Amendment 127 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Svenja HAHN

Motion for a resolution
Paragraph 5 a (new)

5a. Calls on the Commission to focus its work and to ensure that any legislation is targeted and limited; encourages the Commission to refrain from any attempt to cover all long standing Digital Single Market issues within a single package; underlines that the previous Commission already had an extensive digital agenda and that there is a need to assess its effect before regulating again on the same issue; underlines in particular that Directive (EU) 2019/770 and Directive (EU) 2019/771 are still to be properly transposed and implemented; asks the Commission to take this into account before taking additional measures;

Amendment 128 #

Motion for a resolution
Paragraph 5 a (new)

5a. The legal instrument should end the misclassification of workers that deprives them of their rights, a worker should be presumed to be employed until proven otherwise; it should also ensure fair working conditions, health and safety at the workplace and full social protection for non-standard workers; the rights to bargain collectively and to take collective action must not be restricted and collective agreements covering non- standard workers and platform workers (including the self-employed) should be considered to fall outside the scope of Article 101 TFEU;

Amendment 129 #

Pilar del CASTILLO VERA, Pablo ARIAS ECHEVERRÍA

Motion for a resolution
Paragraph 5 a (new)

5a. Highlights that the regulatory framework in the electronic communications sector through the imposition of remedies over the last 30 years together with a continuous revision of the relevant markets subject to ex-ante regulation, has created a competitive communication’s market in Europe; notes that the use of the Significant Market Power criteria would provide the best basis to determine the dominance of digital gatekeepers as well and the imposition of remedies aimed at ensuring competition and preserving innovation in digital markets;

Amendment 13 #

Andreas SCHIEDER, Adriana MALDONADO LÓPEZ, Clara AGUILERA

Motion for a resolution
Citation 7 a (new)

- having regard to the European Parliament resolution of 15 June 2017 on online platforms and the digital single market (2016/2276(INI),1a __________________ 1a OJ C 331, 18.9.2018, p. 135

Amendment 130 #

Motion for a resolution
Paragraph 5 a (new)

5a. Calls upon the European Commission to undertake further research on the financialisation and touristification of housing markets, including speculation, money laundering and tax evasion and its consequences for the functioning of the internal market;

Amendment 131 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Svenja HAHN

Motion for a resolution
Paragraph 5 b (new)

5b. Recalls that a large number of legislative, administrative decisions, and contractual relationships uses the definitions and the rules of the E- Commerce Directive and that any change to them will therefore have important consequences; considers then that care must be taken before doing so;

Amendment 132 #

Andreas SCHIEDER, Adriana MALDONADO LÓPEZ, Clara AGUILERA, Maria GRAPINI

Motion for a resolution
Paragraph 5 b (new)

5b. Stresses that reliable data at European level on real estate transactions are vital to prevent distortions in Europe´s cities and regions housing markets; recalls that more transparency, as by a European registry, could also prevent money laundering in this sector;

Amendment 133 #

Pablo ARIAS ECHEVERRÍA, Pilar del CASTILLO VERA, Róża THUN UND HOHENSTEIN, Tomislav SOKOL, Andrey KOVATCHEV, Edina TÓTH, Maria da Graça CARVALHO, Pascal ARIMONT, Kris PEETERS, Romana TOMC, Anna-Michelle ASIMAKOPOULOU, Andreas SCHWAB

Motion for a resolution
Paragraph 6

6. Considers that the Digital Services Act should be based on public values of the Union protecting citizens’ rights should aim to foster the creation of a rich and diverse online ecosystem with a wide range of online services, favourable digital environment and legal certainty to unlock the full potential of the Digital Single Market; believes that the EU should focus on removing existing obstacles in the Digital Single Market and on ensuring consumer and fundamental rights protection as one of the main objectives of the reform of the E-Commerce Directive; considers in this context that the Single Market objective can only be achieved if consumer trust is ensured; believes that the updated E-Commerce rules must clearly establish that consumer law and product safety requirements fall within their scope of application in order to ensure legal certainty;

Amendment 134 #

Antonius MANDERS

Motion for a resolution
Paragraph 6

Amendment 135 #

Martin SCHIRDEWAN, Emmanuel MAUREL, Stelios KOULOGLOU, Anne-Sophie PELLETIER

Motion for a resolution
Paragraph 6

6. Considers that the Digital Services Act should be based on a European public value~~s of the Union protecting citizens’ rights~~ approach going beyond the economic sphere, protecting all fundamental rights, including non- discrimination, privacy, dignity, fairness as well as free speech and rule of law and should aim to foster the creation of a rich and diverse online ecosystem with a wide range of online services, favourable digital environment and legal certainty to unlock the full potential of the Digital Single Market;

Amendment 136 #

Anne-Sophie PELLETIER

Motion for a resolution
Paragraph 6

Amendment 137 #

Maria GRAPINI, Clara AGUILERA, Marc ANGEL, Adriana MALDONADO LÓPEZ

Motion for a resolution
Paragraph 6

Amendment 138 #

Motion for a resolution
Paragraph 6

6. Considers that the Digital Services Act should be based on public values of the Union protecting citizens’ rights, including measures to combat discrimination and embrace the most vulnerable, should aim to foster the creation of a rich and diverse online ecosystem with a wide range of online services, favourable digital environment and legal certainty to unlock the full potential of the Digital Single Market;

Amendment 139 #

Andreas SCHIEDER, Adriana MALDONADO LÓPEZ, Clara AGUILERA, Brando BENIFEI

Motion for a resolution
Paragraph 6

6. Considers that the Digital Services Act should be based on public values of the Union protecting citizens’ rights and particularly the safeguard of freedom of speech and expression, should aim to foster the creation of a rich and diverse online ecosystem with a wide range of online services, favourable digital environment and legal certainty to unlock the full potential of the Digital Single Market;

Amendment 14 #

Motion for a resolution
Citation 7 a (new)

- having regard to Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market,1a __________________ 1a OJ L 376, 27.12.2006, p. 36–68

Amendment 140 #

Motion for a resolution
Paragraph 6

6. Considers that the Digital Services Act should be based on public values of the Union protecting citizens’ rights should aim to foster the creation of a rich and diverse and online ecosystem with a wide range of online services, favourable digital environment, sectorial interoperability and legal certainty to unlock the full potential of the Digital Single Market;

Amendment 141 #

Motion for a resolution
Paragraph 6

Amendment 142 #

Martin SCHIRDEWAN, Emmanuel MAUREL, Stelios KOULOGLOU

Motion for a resolution
Paragraph 6

6. Considers that the Digital Services Act should be based on public values of the Union protecting citizens’ rights and should aim to foster the creation of a rich and diverse online ecosystem with a wide range of online services, ~~favourabl~~a competitive digital environment and legal certainty to unlock the full potential of the Digital Single Market;

Amendment 143 #

Motion for a resolution
Paragraph 6 a (new)

(1) Considers that while the horizontal approach of the E-Commerce Directive should be maintained, a “one-size-fits-all” approach is not suitable to address all the new challenges in today´s digital landscape; stresses therefore, that the diversity of actors and services offered online need a tailored regulatory approach;

Amendment 144 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Svenja HAHN

Motion for a resolution
Paragraph 6 a (new)

6a. Underlines that any future proposals should be based on the Single Market under Article 114 TFEU and support its completion; underlines that if the Commission believes proposals are needed for both matters covered by rules on competition (Title VII, Chapter 1 TFEU) and those covered by approximation of laws (Title VII, Chapter 3 TFEU), separate instruments should be used and proposed; underlines that any combination of measures under both policy areas (ex-ante and ex-post measures) into a single instrument could be viewed as the politicising of competition policy and therefore would harm the respect for competition policy decisions and their implementation by bodies world-wide;

Amendment 145 #

Motion for a resolution
Paragraph 6 a (new)

6a. Recommends that the legal instrument to be proposed by the Commission should take the form of a directive, following in the footsteps of the other applicable instruments such as the Copyright Directive, in order to preserve the effectiveness of an approach by Member States according to their internal law applicable in matters as diverse as commercial law and freedom of expression;

Amendment 146 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR

Motion for a resolution
Paragraph 6 b (new)

6b. Recalls that there is no consensus on the concept of data as a form of remuneration and therefore believes it would be premature to seek to change the scope of the E-Commerce Directive or base future measures upon this idea; notes that data is a non-consumable resource and can be exchanged an infinite number of times;

Amendment 147 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Svenja HAHN

Motion for a resolution
Paragraph 6 c (new)

6c. Stresses that any future legislative proposals should seek to remove current, and prevent potentially new barriers in the supply of digital services by online platforms; underlines, at the same time, that new Union obligations on platforms must be proportional and clear in nature in order to avoid unnecessary regulatory burdens or unnecessary restrictions; underlines the need to prevent gold- plating practices of Union legislation by Member States;

Amendment 148 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Sandro GOZI, Stéphanie YON-COURTIN, Svenja HAHN

Motion for a resolution
Paragraph 6 d (new)

6d. Recalls that the E-Commerce Directive was drafted in a technologically neutral manner in order to avoid amendments of the legal framework arising from the fast pace of innovation in the IT sector; asks the Commission to ensure that any revisions continue to respect this technologically neutral manner;

Amendment 149 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Svenja HAHN

Motion for a resolution
Paragraph 6 e (new)

6e. Considers that the future Digital Services Act should take the form of several regulations rather than directives in order to ensure a more harmonised application and avoid delays in its transposition;

Amendment 15 #

Motion for a resolution
Citation 7 b (new)

- having regard to the Commission recommendation (EU) 2018/334 of 1 March 2018 on measures to effectively tackle illegal content online,1a __________________ 1a OJ L 63, 6.3.2018, p. 50

Amendment 150 #

Motion for a resolution
Paragraph 7

7. Considers that the Digital Services Act provides an opportunity for the Union to shape the central aspects of the digital economy not only at Union level, such as green transition to a zero-carbon economy, but also be a standard-setter for the rest of the world;

Amendment 151 #

Alex AGIUS SALIBA, Adriana MALDONADO LÓPEZ, Maria-Manuel LEITÃO-MARQUES, Clara AGUILERA, Brando BENIFEI, Maria GRAPINI, Andreas SCHIEDER, Marc ANGEL, Evelyne GEBHARDT

Motion for a resolution
Paragraph 7

7. Considers that the Digital Services Act provides an opportunity for the Union to shape the ~~central aspects of the~~ digital economy not only at Union level but also be a standard-setter for the rest of the world;

Amendment 152 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Liesje SCHREINEMACHER, Svenja HAHN

Motion for a resolution
Paragraph 7 a (new)

7a. Believes that the principles that governed the legislators when regulating information society services providers in the late 90’s are still valid and should be used when drafting any future proposals, namely: (a) To provide appropriate information on a wide scale (b) To prevent the creation of fresh obstacles and the re-fragmentation of the internal market (c) To reduce disputes to a minimum (d) To avoid the risks of over-regulation (e) To protect general interests more effectively and to identify any need for rules quickly (f) To step up administrative cooperation (g) To strengthen Union participation in international discussions;

Amendment 153 #

Motion for a resolution
Paragraph 7 a (new)

7a. Stresses the importance of maintaining the horizontal approach of the E-Commerce Directive; acknowledges , however, that a one-size-fits-all solution to all types of illegal activities or hosting providers would not be appropriate; recommends distinguishing between commercial and non-commercial activities, and between different type of digital services hosted by platforms rather than focusing too much on the type of the platform;

Amendment 154 #

Clara AGUILERA, Adriana MALDONADO LÓPEZ

Motion for a resolution
Paragraph 7 a (new)

7a. Calls for any new legislation as part of the Digital Services Act package to respect and leave intact the newly adopted Directive (EU) 2019/790 on Copyright in the Digital Single Market, which provides for sector-specific rules on copyright and authors’ rights in the digital environment and ensures the protection of authors and artists’ work;

Amendment 155 #

Andreas SCHIEDER, Adriana MALDONADO LÓPEZ, Clara AGUILERA, Maria GRAPINI

Motion for a resolution
Paragraph 7 a (new)

7a. Asks the Commission to take into account whether reciprocal obligations from third countries adopted in reaction to the new EU rules would not hamper provision of services by EU based companies in third countries;

Amendment 156 #

Motion for a resolution
Paragraph 7 a (new)

7a. Is of the opinion that all providers for digital services based outside the single market must adhere to the regulation of digital services of the European Union;

Amendment 157 #

Andreas SCHIEDER, Adriana MALDONADO LÓPEZ, Clara AGUILERA, Maria GRAPINI

Motion for a resolution
Paragraph 7 b (new)

7b. Notes that it is important to ensure that digital services arrangements respect and comply with national and regional legislation or powers of local supervisory authorities or local control mechanisms for the purpose of the appropriate fulfilment of their obligations;

Amendment 158 #

Motion for a resolution
Subheading 1 a (new)

Innovation and growth

Amendment 159 #

Andreas SCHIEDER, Adriana MALDONADO LÓPEZ, Clara AGUILERA, Brando BENIFEI

Motion for a resolution
Paragraph 7 b (new)

7b. Reminds a common interest to support and enhance research, innovation and growth of competition on the digital market; notes that different rules for different providers of information society services, based on their size or other criteria might violate the meaning of fair competition rules; notes that too prescriptive and strict rules have the potential to hamper innovation;

Amendment 16 #

Motion for a resolution
Citation 7 b (new)

- having regard to the Report of April 2019 conducted by the Joint Research Centre of the European Commission on “The future of Cities”,

Amendment 160 #

Andreas SCHIEDER, Adriana MALDONADO LÓPEZ, Clara AGUILERA, Maria GRAPINI

Motion for a resolution
Paragraph 7 c (new)

7c. Considers that as the outdated framework of the E-Commerce Directive no longer adequately reflects a balance of emerging and existing enterprises, as well as online and “traditional” offline economy, a future regulatory framework to ensure a new balance is necessary;

Amendment 161 #

Beata MAZUREK, Eugen JURZYCA, Andżelika Anna MOŻDŻANOWSKA

Motion for a resolution
Subheading 2

Fundamental rights and freedoms

Amendment 162 #

Motion for a resolution
Paragraph 8

8. Notes that information society services providers, and in particular online platforms and social networking sites - because of their wide-reaching ability to reach and influence broader audiences, behaviour, opinions, and practices - bear significant social responsibility in terms of protecting users and society at large and preventing their services from being exploited abusively.; warns in that regard against applying pressure that would push online platforms and social networking sites into taking unnecessarily broad measures which have a chilling effect on content sharing and may undermine fundamental rights;

Amendment 163 #

Katalin CSEH, Karen MELCHIOR

Motion for a resolution
Paragraph 8

8. Notes that information society services providers, and in particular online platforms and social networking sites - because of their wide-reaching ability to reach and influence broader audiences, behaviour, opinions, and practices - bear significant social responsibility in terms of protecting users and society at large and preventing their services from being exploited abusively; calls for clear guidelines related to products and services that should be excluded from all forms of advertisement targeting children and minors, including influencer marketing.

Amendment 164 #

Motion for a resolution
Paragraph 8

8. Notes that ~~information society services providers, and in particular online platforms and~~ social networking sites - because of their wide-reaching ability to reach and influence broader audiences, behaviour, opinions, and practices ~~- bear significant social responsibility in terms of~~should comply with Union law to protecting users and society at large ~~and preventing their services from being exploited abusively.~~;

Amendment 165 #

Motion for a resolution
Paragraph 8

8. Notes that information society services providers, and in particular online platforms and social networking sites - because of their wide-reaching ability to reach and influence broader audiences including vulnerable groups such as under aged citizens, behaviour, opinions, and practices - bear significant social responsibility in terms of protecting users and society at large and preventing their services from being exploited abusively.

Amendment 166 #

Motion for a resolution
Paragraph 8

8. Notes that information society services providers, and in particular online platforms and social networking sites - because of their wide-reaching ability to reach and influence broader audiences, behaviour, opinions, and practices - bear significant ~~social~~ responsibilityies in terms of protecting users and society at large and preventing their services from being exploited abusively.; and generating economic gain from such exploitation;

Amendment 167 #

Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE

Motion for a resolution
Paragraph 8

8. Notes that information society services providers, and in particular online platforms and social networking sites ~~–' because of their~~, have a wide-reaching ability to reach and influence broader audiences, behaviour, opinions, and practices ~~– bear significant social responsibility in terms of protecting users and society at large and preventing their services from being exploited abusively.~~. calls on the Commission, therefore, to pay particular attention to fundamental rights such as freedom of expression and freedom of the press in drafting the Digital Services Act;

Amendment 168 #

Motion for a resolution
Paragraph 8

Amendment 169 #

Pablo ARIAS ECHEVERRÍA, Pilar del CASTILLO VERA, Róża THUN UND HOHENSTEIN, Tomislav SOKOL, Andrey KOVATCHEV, Edina TÓTH, Kris PEETERS, Andreas SCHWAB, Romana TOMC

Motion for a resolution
Paragraph 8

8. Notes that information society services providers, and in particular online platforms ~~and~~including social networking sites - because of their wide-reaching ability to reach and influence broader audiences, behaviour, opinions, and practices - bear significant social responsibility in terms of protecting users and society at large and preventing their services from being exploited abusively.

Amendment 17 #

Martin SCHIRDEWAN, Emmanuel MAUREL, Stelios KOULOGLOU

Motion for a resolution
Citation 7 b (new)

- having regard to the opinion of the Committee of the Regions (ECONVI/048) from 5 December 2019 on “a European framework for regulatory responses to the collaborative economy”,

Amendment 170 #

Motion for a resolution
Paragraph 8

Amendment 171 #

Adam BIELAN, Beata MAZUREK, Andżelika Anna MOŻDŻANOWSKA

Motion for a resolution
Paragraph 8 a (new)

8a. Points out that the size of online platforms should be a powerful indicator in determining their liability in proportion to their market position; suggests that the size of these platforms should be assessed using objective criteria such as turnover in a given market and whether they are a passive or an active host;

Amendment 172 #

Motion for a resolution
Paragraph 8 a (new)

8a. Stresses that confusing the role a private platform should play with those more properly within the remit of public bodies charged with enforcing or setting the law is unacceptable and creates risks for both citizens and businesses, neither of which are qualified to take such decisions;

Amendment 173 #

Andreas SCHIEDER, Adriana MALDONADO LÓPEZ, Clara AGUILERA, Maria GRAPINI

Motion for a resolution
Paragraph 8 a (new)

8a. Notes that some digital business models use public spaces for commercial purposes and is of the opinion that local and regional governments must be able to safeguard public interest and ensure administrative control;

Amendment 174 #

Motion for a resolution
Paragraph 8 a (new)

8a. Deems it necessary that online platforms’ content policies be intelligible and published in an easily accessible manner;

Amendment 175 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Svenja HAHN

Motion for a resolution
Paragraph 9

Amendment 176 #

Adam BIELAN, Beata MAZUREK, Eugen JURZYCA, Andżelika Anna MOŻDŻANOWSKA

Motion for a resolution
Paragraph 9

9. Recalls that recent scandals regarding data harvesting and selling, Cambridge Analytica, fake news, political advertising and manipulation and a host of other online harms (from hate speech to the broadcast of terrorism) have shown the need to ~~revisit the~~work on better enforcement of existing legislation and closer cooperation among the Member States in order to understand advantages and shortcomings of existing rules and to reinforce fundamental rights; in this sense asks the Commission to consider preparing guidelines on how to improve enforcement of online related legislation; notes that also in the area of media the online and offline companies should be treated equally;

Amendment 177 #

Motion for a resolution
Paragraph 9

9. Recalls that recent scandals regarding data harvesting and selling, Cambridge Analytica, fake news, political advertising and manipulation and a host of other online harms (from hate speech to the broadcast of terrorism) have shown the need to revisit the existing rules ~~and reinforce fundamental rights~~; considers that any reflection should consider how to reinforce fundamental rights, especially freedom of expression; recalls in this respect certain established self-regulatory and co-regulatory schemes such as the Code of Practice on disinformation, which have played a positive role in addressing those issues and could serve as a basis for future legislation;

Amendment 178 #

Motion for a resolution
Paragraph 9

9. Recalls that recent scandals regarding data harvesting and selling, Cambridge Analytica, fake news, political advertising and manipulation and a host of other online harms (from hate speech to the broadcast of terrorism) have shown the need to revisit the existing rules and reinforce fundamental rights; stresses that users’ fundamental rights should be protected from online intrusive business models, including those conducting digital advertising, as well as from behavioural manipulation and discriminatory practices;

Amendment 179 #

Motion for a resolution
Paragraph 9

9. Recalls that recent scandals regarding data harvesting and selling, Cambridge Analytica, create and spreading fake news, political advertising, selling and distributing illegal products and manipulation and a host of other online harms (from hate speech to the broadcast of terrorism) ,have shown the need to revisit the existing rules and reinforce fundamental rights;

Amendment 18 #

Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE

Motion for a resolution
Recital A

A. whereas e-commerce influences the everyday lives of people, businesses and consumers in the Union, and when operated in a fair ~~and regulated~~ level playing field, may have contributed positively to unlocking the potential of the Digital Single Market,; whereas further discussion is needed in order to find out whether and how to enhance consumer trust and provide newcomers, and in particular micro, small and medium enterprises, with new market opportunities for sustainable growth and jobs;

Amendment 180 #

Motion for a resolution
Paragraph 9

Amendment 181 #

Pablo ARIAS ECHEVERRÍA, Pilar del CASTILLO VERA, Róża THUN UND HOHENSTEIN, Tomislav SOKOL, Andrey KOVATCHEV, Edina TÓTH, Maria da Graça CARVALHO, Kris PEETERS, Romana TOMC, Andreas SCHWAB

Motion for a resolution
Paragraph 9

9. Recalls that recent scandals regarding data harvesting and selling, Cambridge Analytica, fake news, political advertising and manipulation, profiling and tracking techniques and a host of other online harms (from hate speech to the broadcast of terrorism) have shown the need to revisit the existing rules and reinforce fundamental rights;

Amendment 182 #

Motion for a resolution
Paragraph 9

Amendment 183 #

Maria GRAPINI, Clara AGUILERA, Marc ANGEL, Adriana MALDONADO LÓPEZ

Motion for a resolution
Paragraph 9

9. Recalls that recent scandals regarding data harvesting and selling, Cambridge Analytica, fake news, misinformation, political advertising and manipulation and a host of other online harms (from hate speech to the broadcast of terrorism) have shown the need to revisit the existing rules and reinforce fundamental rights;

Amendment 184 #

Motion for a resolution
Paragraph 9

9. Recalls that recent scandals regarding data harvesting and selling, Cambridge Analytica, ~~fake news, political~~disinformation, targeted advertising ~~and~~, voter manipulation and a host of other online ~~harms (from hate speech to the broadcast of terrorism)~~ have shown the need to revisit the existing rules and reinforce fundamental rights;

Amendment 185 #

Brando BENIFEI, Andreas SCHIEDER, Sylvie GUILLAUME, Adriana MALDONADO LÓPEZ, Clara AGUILERA

Motion for a resolution
Paragraph 9 a (new)

9a. Urges the Commission to consider introducing legislative measures to make online advertising more transparent and to counter the scams and the aggressive hidden marketing techniques used by certain influencers; believes that influencers should indicate clearly, intelligibly and visibly at the beginning of the post whether they have been paid, directly or indirectly, or received free or concessionary products in exchange for their post;

Amendment 186 #

Motion for a resolution
Paragraph 10

10. Stresses that the Digital Services Act should ~~achieve the right balance between the internal market freedoms and~~ensure the full respect of the fundamental rights and principles set out in the Charter of Fundamental Rights of the European Union, including the rights for workers in digital labour platforms to information and consultation within the fund~~amental rights and principles set out in the~~ertaking, of collective bargaining and action and of fair and just working conditions, the European Social Charter, the Community Charter of Fundamental Social Rights of ~~the European Un~~Workers, the relevant international human right instruments, including ILO Conventions;

Amendment 187 #

Maria GRAPINI, Clara AGUILERA, Marc ANGEL, Adriana MALDONADO LÓPEZ

Motion for a resolution
Paragraph 10

10. Stresses that the Digital Services Act should achieve the right balance between the internal market freedoms and the fundamental rights and principles set out in the Charter of Fundamental Rights of the European Union, therefore it should ensure the access of all citizens to digital services and to the content of digital platforms;

Amendment 188 #

Adam BIELAN, Beata MAZUREK, Eugen JURZYCA, Andżelika Anna MOŻDŻANOWSKA

Motion for a resolution
Paragraph 10

10. Stresses that as it is the case with the E-Commerce Directive, the Digital Services Act should achieve the right balance between the internal market freedoms and the fundamental rights and principles set out in the Charter of Fundamental Rights of the European Union;

Amendment 189 #

Motion for a resolution
Paragraph 10

10. Stresses that the Digital Services Act should ~~achieve~~be based on the pri~~ght balance between~~nciples of the internal market freedoms and ~~the fundamental rights and principles set out in the Charter~~recognition of Ffundamental Rrights ~~of the European Union~~;

Amendment 19 #

Maria GRAPINI, Clara AGUILERA, Marc ANGEL, Adriana MALDONADO LÓPEZ

Motion for a resolution
Recital A

A. whereas e-commerce influences the everyday lives of people, businesses and consumers in the Union, and when operated in a fair and regulated level playing field, may contribute positively to unlocking the potential of the Digital Single Market, enhance consumer trust and provide newcomers, and in particular micro, small and medium enterprises, with new market opportunities for sustainable growth, development and jobs;

Amendment 190 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Svenja HAHN

Motion for a resolution
Paragraph 10

10. Stresses that the Digital Services Act should ~~achieve the right balance between the internal market freedoms and the fundamental rights and principle~~strengthen the internal market for services while protecting rights set out in the Charter of Fundamental Rights of the European Union, in particular freedom of expression;

Amendment 191 #

Martin SCHIRDEWAN, Emmanuel MAUREL, Stelios KOULOGLOU

Motion for a resolution
Paragraph 10

10. Stresses that the Digital Services Act should ~~achieve the right balance between~~ guarantee bothe internal market freedoms and the fundamental rights, freedoms and principles set out in the Charter of Fundamental Rights of the European Union;

Amendment 192 #

Motion for a resolution
Paragraph 10

10. Stresses that the Digital Services Act should ~~achieve the right balance between the internal market freedoms and the~~ensure that fundamental rights and principles set out in the Charter of Fundamental Rights of the European Union are reflected in the internal market freedoms;

Amendment 193 #

Motion for a resolution
Paragraph 10 a (new)

10a. Underscores the need the Digital Single Market policies to identify general standards of acceptable digital infrastructure in the design of the « technological stack » of the digital services or the digital/smart products ; asks the Commission to define and apply standards that make sure that hardware, software, code, connectivity systems and storage/data management architecture are set by default in a way that protect the privacy of the consumer, that the consumer’s data are exclusively used within the nodes of the connecting devices that improve the consumer’s experience and they are not transferred to third parties for other commercial uses without the explicit consent of the consumer;

Amendment 194 #

Motion for a resolution
Paragraph 10 a (new)

10a. Calls on the Commission to introduce minimum standards for contract terms and general conditions of content hosting providers and providers of content moderation tools to provide for safeguards for fundamental rights, in particular with regard to transparency, accessibility, fairness, predictability and non-discriminatory enforcement;

Amendment 195 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Sandro GOZI, Stéphanie YON-COURTIN, Svenja HAHN

Motion for a resolution
Paragraph 11

11. Notes that the COVID-19 pandemic has shown how vulnerable EU consumers are to misleading trading practices by dishonest traders selling fake or illegal products online that are not compliant with Union safety rules or imposing unjustified and abusive price increases or other unfair conditions on consumers;deleted

Amendment 196 #

Adam BIELAN, Beata MAZUREK, Eugen JURZYCA, Andżelika Anna MOŻDŻANOWSKA

Motion for a resolution
Paragraph 11

11. Notes that the COVID-19 pandemic has shown ~~how vulnerable EU consumers are to~~the importance and resilience of online platforms, as tools for educational purposes, for spreading information to mitigate the effects of a pandemic and for safe online-shopping without the need for a consumer to take a risk of being infected by the virus during traditional “contact” shopping; regrets the occurrence of cases of misleading trading practices by dishonest traders selling fake or illegal products online that are not compliant with Union safety rules or imposing unjustified and abusive price increases or other unfair conditions on consumers; stresses that the new rules should not be based on a couple of non- compliant cases but rather on data taking in consideration both, positive and negative experience of consumers;

Amendment 197 #

Motion for a resolution
Paragraph 11

11. Notes that the COVID-19 pandemic has ~~shown how vulnerable EU consumers are to~~exposed the challenges EU consumers may face when shopping online, e.g. misleading trading practices by dishonest traders selling fake or illegal products online that are not compliant with Union safety rules or ~~imposing~~ unjustified and abusive price increases or other unfair conditions on consumers; recalls however, the number of proactive measures introduced by some online platforms that are addressing these issues;

Amendment 198 #

Marion WALSMANN, Pablo ARIAS ECHEVERRÍA, Andrey KOVATCHEV, Pascal ARIMONT, Christian DOLESCHAL, Maria da Graça CARVALHO

Motion for a resolution
Paragraph 11

Amendment 199 #

Andreas SCHIEDER, Sylvie GUILLAUME, Adriana MALDONADO LÓPEZ, Clara AGUILERA, Brando BENIFEI

Motion for a resolution
Paragraph 11

11. Notes that the COVID-19 pandemic has shown how vulnerable EU consumers are to misleading trading practices by dishonest traders and/or illicit websites selling fake or illegal products and services online that are not compliant with Union safety rules or imposing unjustified and abusive price increases or other unfair conditions on consumers;

Amendment 2 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Sandro GOZI, Stéphanie YON-COURTIN

Motion for a resolution
Citation 2 a (new)

- having regard to the communication from the Commission of 11 January 2012, entitled “A coherent framework for building trust in the Digital Single Market for e-commerce and online services” COM/2011/0942 final,

Amendment 20 #

Motion for a resolution
Recital A

A. whereas e-commerce influences the everyday lives of people, workers, businesses and consumers in the Union, and when operated in a fair and regulated level playing field, may contribute positively to unlocking the potential of the Digital Single Market, enhance consumer trust and provide newcomers, and in particular micro, small and medium enterprises, with new market opportunities for sustainable growth and jobs;

Amendment 200 #

Andreas SCHIEDER, Adriana MALDONADO LÓPEZ, Clara AGUILERA

Motion for a resolution
Paragraph 11

11. Notes that the COVID-19 pandemic has shown how vulnerable EU Member States authorities and consumers are to misleading trading practices by dishonest traders selling fake or illegal products online that are not compliant with Union safety rules or imposing unjustified and abusive price increases or other unfair conditions on consumers;

Amendment 201 #

Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE

Motion for a resolution
Paragraph 11

Amendment 202 #

Brando BENIFEI, Maria GRAPINI, Andreas SCHIEDER, Sylvie GUILLAUME, Adriana MALDONADO LÓPEZ, Clara AGUILERA, Marc ANGEL

Motion for a resolution
Paragraph 11

11. Notes that the COVID-19 pandemic has shown how vulnerable EU consumers are to misleading trading practices by dishonest traders selling ~~fake or illegal~~counterfeit or unsafe products online that are not compliant with Union safety rules or imposing unjustified and abusive price increases or other unfair conditions on consumers;

Amendment 203 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Sandro GOZI, Stéphanie YON-COURTIN, Svenja HAHN

Motion for a resolution
Paragraph 12

~~12. Stresses that this problem is aggravated by the fact that often the identity of these companies cannot be established;~~deleted

Amendment 204 #

Marc ANGEL, Adriana MALDONADO LÓPEZ, Clara AGUILERA, Sándor RÓNAI

Motion for a resolution
Paragraph 12

~~12. Stresses that this problem is aggravated by the fact that often the identity of these companies cannot be established;~~deleted

Amendment 205 #

Motion for a resolution
Paragraph 12

12. Stresses that this problem is aggravated by the fact that often the identity of these companies cannot be established; underlines the need to better inform and educate consumers about online sales in general, and by the potential risks of buying products not approved for the European market in particular;

Amendment 206 #

Adam BIELAN, Beata MAZUREK, Andżelika Anna MOŻDŻANOWSKA

Motion for a resolution
Paragraph 12

12. Stresses that this problem is aggravated by the fact that often the identity of these companies cannot be established; and recalls that recent legislation adopted under the « New Deal for Consumers » imposes transparency obligations on marketplaces, making it clear with whom a consumer is contracting;

Amendment 207 #

Pablo ARIAS ECHEVERRÍA, Róża THUN UND HOHENSTEIN, Tomislav SOKOL, Andrey KOVATCHEV, Edina TÓTH, Pascal ARIMONT, Marion WALSMANN, Kris PEETERS, Romana TOMC, Anna-Michelle ASIMAKOPOULOU, Andreas SCHWAB

Motion for a resolution
Paragraph 12

12. Stresses that this problem is aggravated by the fact that often the identity of these ~~companies cannot be establish~~fraudulent companies and individuals cannot be established; and therefore, consumers cannot seek compensation for the damages and losses experienced;

Amendment 208 #

Andreas SCHIEDER, Adriana MALDONADO LÓPEZ, Clara AGUILERA

Motion for a resolution
Paragraph 12

12. Stresses that this problem is aggravated by the fact that often the identity of these companies cannot be established, for example due to the lack of a publicly accessible European company register;

Amendment 209 #

Maria GRAPINI, Clara AGUILERA, Adriana MALDONADO LÓPEZ

Motion for a resolution
Paragraph 12

12. Stresses that this problem is aggravated by the fact that often the identity of these companies and /or individuals cannot be established;

Amendment 21 #

Marc ANGEL, Adriana MALDONADO LÓPEZ, Clara AGUILERA, Sándor RÓNAI

Motion for a resolution
Recital A

A. whereas e-commerce influences the everyday lives of people, businesses and consumers in the Union, and when operated in a fair and ~~regulated level playing field, may~~balanced legal framework, contributes positively to unlocking the potential of the Digital Single Market, enhance consumer trust and provide newcomers, and in particular micro, small and medium enterprises, with new market opportunities for sustainable growth and jobs;

Amendment 210 #

Motion for a resolution
Paragraph 12

12. Stresses that this problem is aggravated by ~~the fact that often~~difficulties in establishing the identity of ~~these~~ companies ~~cannot be established~~responsible for irregularities;

Amendment 211 #

Beata MAZUREK, Eugen JURZYCA, Andżelika Anna MOŻDŻANOWSKA

Motion for a resolution
Paragraph 12 a (new)

12a. Notes that the WHOIS database register has been a critical instrument to allow interested third parties to find bad actors on the internet; calls on the Commission and the European Data Protection Board to find a concrete solution to ensure interested trusted third parties can have a controlled access to it;

Amendment 212 #

Motion for a resolution
Paragraph 13

13. ~~Considers that~~Supports the current transparency and information requirements set out in the E-Commerce Directive on information society services providers and their business customers, and the minimum information requirements on commercial communications~~, should be substantially strengthened~~; requests proper enforcement of the existing framework before new obligations are put forward; proposes the continued review of the existing requirements based on the dialogue with stakeholders and social partners in search of potential added value in case of either strengthening or softening the current rulebook;

Amendment 213 #

Katalin CSEH, Karen MELCHIOR

Motion for a resolution
Paragraph 13

13. Considers that the current transparency and information requirements set out in the E-Commerce Directive on information society services providers and their business customers, and the minimum information requirements on commercial communications, should be substantially strengthened; for providers of information society services which are directed primarily at consumers, which act as the intermediary between the trader and the consumer or which provide the trading interface for the online sale of goods1а; __________________ 1а Justification: Addressing existing shortcomings in the transparency and obligation requirements of the E- Commerce Directive through a “one-size- fits-all” approach may not be the most appropriate solution. Instead, a market- relevant and consumer-oriented alternative would consist in promoting rules which account of the fact that different types of services merit different rules. Setting stronger consumer protection rules can be consistent with the promotion of ICT deployment in Europe, i.e. in setting specific rules for information society service providers depending on whether they are a concerned party in the provision of a business-to-consumer good or service, while balancing the need to safeguard the smoothness and speed of online business transactions.

Amendment 214 #

Motion for a resolution
Paragraph 13

Amendment 215 #

Andreas SCHIEDER, Adriana MALDONADO LÓPEZ, Clara AGUILERA, Maria GRAPINI

Motion for a resolution
Paragraph 13

Amendment 216 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Liesje SCHREINEMACHER, Sandro GOZI, Stéphanie YON-COURTIN, Svenja HAHN

Motion for a resolution
Paragraph 13

13. Considers that the current transparency and information requirements set out in the E-Commerce Directive on information society services providers and their business customers, that provide services to consumers (B2B2C) and the minimum information requirements on commercial communications, should be substantially strengthened;

Amendment 217 #

Motion for a resolution
Paragraph 13

Amendment 218 #

Motion for a resolution
Paragraph 13

Amendment 219 #

Motion for a resolution
Paragraph 13

Amendment 22 #

Motion for a resolution
Recital B

B. whereas the Directive 2000/31/EC of the European Parliament and of the Council2 (“the E-Commerce Directive”) has been one of the most successful pieces of Union legislation and has shaped the Digital Single Market as we know it today; whereas the E-Commerce Directive was adopted 20 years ago ~~and no longer adequately reflects the rapid transformation and expansion of~~, but has been adapted to today's e- commerce ~~in all its forms, with its multitude of different emerging services, providers and challenges~~landscape with sector-specific legislation; __________________ 2 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1).

Amendment 220 #

Marion WALSMANN, Pablo ARIAS ECHEVERRÍA, Andrey KOVATCHEV, Christian DOLESCHAL

Motion for a resolution
Paragraph 13

13. Considers that the current transparency and information requirements set out in the E-Commerce Directive on information society services providers and ~~their business custom~~online sellers, and the minimum information requirements on commercial communications, should be ~~substantially strengthen~~properly analysed and subsequently, if needed, improved;

Amendment 221 #

Motion for a resolution
Paragraph 13

13. ~~Considers~~Is convinced that the current transparency and information requirements set out in the E-Commerce Directive on information society services providers and their business customers, and the minimum information requirements on commercial communications, should be substantially strengthened;

Amendment 222 #

Motion for a resolution
Paragraph 13 a (new)

13a. Considers further that companies established in the territory of several States should declare their legal existence and the economic activities carried out by them in the territory of a Member State of the Union, given that such activities are actually carried out in the territory of that Member State, in order not to evade controls or the tax payable to that State under its internal law and Union law;

Amendment 223 #

Motion for a resolution
Paragraph 14

14. Calls on the Commission to require service providers to verify the information and identity of ~~the~~ business ~~partners with whom they have a contractual commercial relationship, and to ensure that the information they provide is accurate and up-to-date~~users as defined in Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (‘P2B Regulation’) and to take reasonable measures to ensure that the information they provide is accurate and up-to-date, while preserving consumers’ anonymity; reminds that the verification of the identity of individual users would place extensive administrative burdens on EU start-ups and SMEs competing on a global market;

Amendment 224 #

Motion for a resolution
Paragraph 14

14. Calls on the Commission to require service providers to ~~verify~~require the information and identity of the business partners with whom they have a contractual commercial relationship, a~~nd to ensure that the information they provide is accurate and up-to-date;~~ s defined in Regulation(EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (‘P2B Regulation’), while preserving consumers’ anonymity; reminds that the verification of the identity of individual users would place extensive administrative burden on EU start-ups and SMEs competing on a global market;

Amendment 225 #

Motion for a resolution
Paragraph 14

14. Calls on the Commission to require service providers to verify the information and identity of the business partners with whom they have a contractual commercial relationship, and to ensure that the information they provide is accurate and up-to-date, through robust control systems, based on business partner authentication and product or service verification; services should not be provided to business customers giving false identities;

Amendment 226 #

Motion for a resolution
Paragraph 14

14. Calls on the Commission to require service providers ~~to verify~~, such as online market places, technical hosting providers, domain name registrars, online advertising service providers, proxy services and online payment providers, to verify, both at the start of any relationship and periodically, the information and identity of the business partners with whom they have a contractual commercial relationship, and to ensure that the information they provide is accurate, complete, and up-to-date;

Amendment 227 #

Katalin CSEH, Karen MELCHIOR

Motion for a resolution
Paragraph 14

14. Calls on the Commission to require ~~service provider~~the providers of information society services which are directed primarily at consumers, which act as the intermediary between the trader and the consumer or which provide the trading interface for the online sale of goods to verify the information and identity of the business partners with whom they have a contractual commercial relationship, and to ensure that the information they provide is accurate and up-to-date;

Amendment 228 #

Motion for a resolution
Paragraph 14

14. Calls on the Commission to require service providers to verify the information and identity of the business partners with whom they have a contractual commercial relationship, and to ensure that the information they provide is accurate and up-to-date; calls for the establishment of an online database that can serve as a verification platform of business partners for influencers and small service providers unable to find the resources to do this otherwise;

Amendment 229 #

Pablo ARIAS ECHEVERRÍA, Tomislav SOKOL, Andrey KOVATCHEV, Edina TÓTH, Romana TOMC

Motion for a resolution
Paragraph 14

14. Calls on the Commission to require service providers to verify the information and identity of the ~~business partner~~undertakings with whomich they have a contractual commercial relationship, and regularly conduct random monitoring to ensure that the information they provide is accurate ~~and up-to-date~~; stresses the importance of proportionality in the formulation of such legislation, so as not to harm the competitiveness of SMEs and microenterprises;

Amendment 23 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Svenja HAHN

Motion for a resolution
Recital B

B. whereas the Directive 2000/31/EC of the European Parliament and of the Council2 (“the E-Commerce Directive”) has been one of the most successful pieces of Union legislation and has shaped the Digital Single Market as we know it today; whereas the E-Commerce Directive was adopted 20 years ago and ~~no longer adequately reflects the rapid transformation and expansion of e- commerce in all its forms, with its multitude of different emerging services, providers and challenges~~whereas since its adoption 20 years ago, the European Court of Justice has issued a number of judgments in relation to it; whereas the clarifications made by the European Court of Justice should be codified; __________________ 2 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1).

Amendment 230 #

Motion for a resolution
Paragraph 14

14. Calls on the Commission to require service providers to verify the information and the identity of the business partners with whom they have a contractual commercial relationship,; business partners should be the ones in charge of notifying the service provider about any change in their business activity (for example, cessation of business activity) and to ensure that the information they provide is accurate and up-to-date;

Amendment 231 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Sandro GOZI, Stéphanie YON-COURTIN, Svenja HAHN

Motion for a resolution
Paragraph 14

14. Calls on the Commission to require intermediate service providers to ~~verify~~collect the information and identity of the business partners with whom they have a contractual commercial relationship~~, and to ensure that the information they provide is accurate and up-to-date~~ when those business partners have a direct relationship with consumers through the intermediate service, and to ensure that the information is updated in case competent authorities informed the providers of any inaccuracy;

Amendment 232 #

Maria GRAPINI, Clara AGUILERA, Marc ANGEL, Adriana MALDONADO LÓPEZ

Motion for a resolution
Paragraph 14

14. Calls on the Commission to require service providers to verify the information and identity of both the business partners with whom they have a contractual commercial relationship, and the individuals who offer services or sell products on online platforms, and to ensure that the information they provide is accurate and up-to-date;

Amendment 233 #

Motion for a resolution
Paragraph 14

14. Calls on the Commission to require service providers to verify the information and identity of the business partners with whom they have a contractual commercial relationship, and to ensure that the information they provide is accurate and up-to-date, containing in particular the contact details of a responsible natural person;

Amendment 234 #

Motion for a resolution
Paragraph 14

14. Calls on the Commission to analyse the need to require service providers to verify the information and identity of the business partners with whom they have a contractual commercial relationship, and to ~~ensu~~require that the information they provide is accurate and up-to-date;

Amendment 235 #

Motion for a resolution
Paragraph 14

14. Calls on the Commission to require service providers to continuously verify the information and identity of the business partners with whom they have a contractual commercial relationship, and to ensure that the information they provide is accurate and up-to-date;

Amendment 236 #

Motion for a resolution
Paragraph 14 a (new)

14a. Underlines the rights of users under the GDPR, as well as the right to internet anonymity or being an unidentified user; warns that ignoring the wishes of internet users to not disclose their identity might put certain groups in disadvantageous situations, including the work of independent media, or deprive vulnerable groups from adequate protection and security online;

Amendment 237 #

Evelyne GEBHARDT, Monika BEŇOVÁ, Brando BENIFEI, Biljana BORZAN, Andreas SCHIEDER, Marc ANGEL, Adriana MALDONADO LÓPEZ

Motion for a resolution
Paragraph 14 a (new)

14a. Calls on the Commission to clarify the regime applicable to content hosting intermediaries and in particular the distinction between passive intermediaries benefiting from a limited liability regime and active platforms that organise and promote content;

Amendment 238 #

Motion for a resolution
Paragraph 14 a (new)

14a. Calls on the Commission to require that where a certain qualification is required to provide a service, the possession of such a qualification has to be clearly disclosed in each online offer in order to avoid deceptive or misleading information to consumers;

Amendment 239 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Sandro GOZI, Stéphanie YON-COURTIN, Svenja HAHN

Motion for a resolution
Paragraph 15

15. Calls on the Commission ~~to introduce enforceable obligations on internet service providers aimed at increasing transparency and information~~, if proposing measures on internet service providers aimed at increasing transparency and information, to take into account the difference between the underlining hosting internet service provider on the one hand and a platform or other websites and its users on the other; stresses that internet service providers often have no contractual relations with a platform’s business users or consumers, including having no legal right to view or access data stored; asks the Commission to ensure that enforcement measures are targeted in a way that takes this difference into account and does not force the breach of privacy and legal process; considers that these obligations should be proportionate and enforced by appropriate, effective and dissuasive penalties;

Amendment 24 #

Andreas SCHIEDER, Adriana MALDONADO LÓPEZ, Clara AGUILERA

Motion for a resolution
Recital B

B. whereas the Directive 2000/31/EC of the European Parliament and of the Council2 (“the E-Commerce Directive”) ~~has been one of the most successful pieces of Union legislation and~~ has shaped the Digital Single Market as we know it today; whereas the E-Commerce Directive was adopted 20 years ago, it offers unfair competitive advantages to platforms compared to traditional companies and no longer adequately reflects the rapid transformation and expansion of e-commerce in all its forms, with its multitude of different emerging services, providers and challenges; __________________ 2 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1).

Amendment 240 #

Motion for a resolution
Paragraph 15

15. Calls on the Commission to introduce enforceable obligations on ~~internet service providers aimed~~providers of information society services which are directed primarily at consumers acting as the intermediary between the trader and the consumer or which provide the trading interface for the online sale of goods, that would aim at increasing transparency and information; considers that these obligations should be enforced by appropriate, effective and dissuasive penalties;

Amendment 241 #

Motion for a resolution
Paragraph 15

15. Calls on the Commission to introduce enforceable obligations on internet service providers aimed at increasing transparency and information and ensuring that platforms are held accountable for misleading information, guarantees or statements; considers that these obligations should be enforced by appropriate, effective and dissuasive penalties, especially for repeated offences;

Amendment 242 #

Alex AGIUS SALIBA, Adriana MALDONADO LÓPEZ, Maria-Manuel LEITÃO-MARQUES, Clara AGUILERA, Brando BENIFEI, Maria GRAPINI, Andreas SCHIEDER, Marc ANGEL, Sándor RÓNAI, Evelyne GEBHARDT, Biljana BORZAN

Motion for a resolution
Paragraph 15

15. Calls on the Commission to introduce enforceable obligations on internet service providers aimed at increasing transparency and information; considers that these obligations should be enforced by appropriate, effective and dissuasive penalties; underlines the need for multilingual forms of services to ensure their fair and wide distribution;

Amendment 243 #

Motion for a resolution
Paragraph 15

15. Calls on the Commission to introduce enforceable obligations on in~~tern~~formation society services providers aimed at increasing transparency ~~and~~, information and accountability; considers that these obligations should be enforced by appropriate, effective and dissuasive penalties;

Amendment 244 #

Motion for a resolution
Paragraph 15

15. Calls on the Commission to introduce proportionate, enforceable obligations on internet service providers aimed at increasing transparency and information; considers that these obligations should be enforced by appropriate, effective and dissuasive penalties;

Amendment 245 #

Beata MAZUREK, Eugen JURZYCA, Andżelika Anna MOŻDŻANOWSKA

Motion for a resolution
Paragraph 15

15. Calls on the Commission to introduce enforceable obligations on internet service providers aimed at increasing transparency ~~and~~, information and accountability; considers that these obligations should be enforced by appropriate, effective and dissuasive penalties;

Amendment 246 #

Motion for a resolution
Paragraph 15

15. Calls on the Commission to introduce enforceable obligations on internet service providers aimed at increasing transparency ~~and information~~with respect to privacy rules; considers that these obligations should be enforced by appropriortionate, effective and dissuasive penalties;.

Amendment 247 #

Motion for a resolution
Paragraph 15

15. Calls on the Commission to introduce enforceable obligations on ~~internet~~hosting service providers aimed at increasing transparency and information; considers that these obligations should be enforced by appropriate, effective and dissuasive penalties;

Amendment 248 #

Pablo ARIAS ECHEVERRÍA, Tomislav SOKOL, Andrey KOVATCHEV, Marion WALSMANN, Romana TOMC, Anna-Michelle ASIMAKOPOULOU, Andreas SCHWAB

Motion for a resolution
Paragraph 15

15. Calls on the Commission to introduce ~~enforceable~~ obligations on internet service providers aimed at increasing transparency ~~and information~~; considers that these obligations should be enforced by appropriate, proportionate, effective and dissuasive penalties;

Amendment 249 #

Motion for a resolution
Paragraph 15 a (new)

15a. Calls on the Commission to address the problem of fake profiles on digital platforms and the challenges when it comes to identifying the real person who is behind in case this person commits an illegality; calls on the Commission to consider mechanisms to make sure that everyone can be identified online while safeguarding their privacy rights; considers that the creation of a digital identity would be a useful tool in this regard;

Amendment 25 #

Motion for a resolution
Recital B

B. whereas the Directive 2000/31/EC of the European Parliament and of the Council2 (“the E-Commerce Directive”) has been one of the most successful pieces of Union legislation and has shaped the Digital Single Market as we know it today; whereas the E-Commerce Directive was adopted 20 years ago and no longer adequately reflects the rapid transformation and expansion of e-commerce in all its forms, with its multitude of different emerging services, providers, forms of labour, and challenges; __________________ 2 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1).

Amendment 250 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Svenja HAHN

Motion for a resolution
Paragraph 15 a (new)

15a. Underlines the need for due process; stresses the need to prevent the abuse of transparency, redress and other systems by businesses in order to confront other businesses; believes that any revisions must seek to balance the rights of all users and ensure that the law is not drafted to favour one legitimate interest over another;

Amendment 251 #

Motion for a resolution
Paragraph 15 a (new)

15a. Calls on the Commission to introduce transparency and accountability requirements regarding automated decision-making processes of content hosting providers and providers of automated content recognition tools, including the public documentation of, at least, the existence and the functioning of content recognition technologies;

Amendment 252 #

Motion for a resolution
Paragraph 15 b (new)

15b. Welcomes efforts to bring transparency to content removal; underlines that, in order to verify compliance with the rules, the requirement to publish periodic transparency reports should be mandatory and include, at least, the number of notices, type of entities notifying content, nature of the content subject of complaint, response time by the intermediary, the number of appeals;

Amendment 253 #

Martin SCHIRDEWAN, Emmanuel MAUREL, Stelios KOULOGLOU

Motion for a resolution
Paragraph 15 c (new)

15c. In order to verify such transparency reports and compliance with legal obligations, and in line with the Council of Europe Recommendation CM/Rec(2018)2, Member States should make available, publicly and in a regular manner, comprehensive information on the number, nature and legal basis of requests sent to intermediaries to restrict content or to disclose personal data, including those based on international mutual legal assistance treaties, and on steps taken as a result of those requests;

Amendment 254 #

Motion for a resolution
Paragraph 16

16. Stresses that existing obligations, set out in the E-Commerce Directive and the Directive 2005/29/EC of the European Parliament and of the Council (‘Unfair Commercial Practices Directiveʼ)3 on transparency of commercial communications and digital advertising should be strengthened; points out that pressing consumer protection concerns about profiling, targeting and personalised pricing cannot be addressed by transparency obligations and left to consumer choice alone; considers that practices like profiling deeply interfere with people's rights and freedoms; recognises that the General Data Protection Regulation framework does not adequately protect consumers against profile building and unjustified automated decisions; is of the opinion that in order to ensure adequate protection of consumers, personal data should only be used where it’s necessary to provide the service requested; __________________ 3 Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (OJ L 149, 11.6.2005, p. 22).

Amendment 255 #

Motion for a resolution
Paragraph 16

16. Stresses that existing obligations, set out in the E-Commerce Directive and the Directive 2005/29/EC of the European Parliament and of the Council (‘Unfair Commercial Practices Directiveʼ)3 on transparency of commercial communications and digital advertising should be strengthened; points out that pressing consumer protection concerns about profiling, targeting and personalised pricing cannot be addressed by transparency obligations and left to consumer choice alone; further notes that there are pressing consumer protection concerns regarding online gambling services which are not being adequately addressed by all Member States and might require a more aligned approach at Union level; __________________ 3 Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (OJ L 149, 11.6.2005, p. 22).

Amendment 256 #

Motion for a resolution
Paragraph 16

16. Stresses that the Commission should review, whether existing obligations, set out in the E-Commerce ~~Directive and the Directive 2005/29/EC of the European Parliament and of the Council (‘Unfair Commercial Practices~~ Directive~~ʼ)3~~ on transparency of commercial communications and digital advertising should be strengthened~~; points out that pressing consumer protection concerns about profiling, targeting and personalised pricing cannot be addressed by transparency obligations and left to consumer choice alone~~ and should support this revision by appropriate and relevant data; __________________ 3 Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (OJ L 149, 11.6.2005, p. 22).

Amendment 257 #

Adam BIELAN, Beata MAZUREK, Andżelika Anna MOŻDŻANOWSKA

Motion for a resolution
Paragraph 16

16. Stresses that existing obligations, set out in the E-Commerce Directive and the Directive 2005/29/EC of the European Parliament and of the Council (‘Unfair Commercial Practices Directiveʼ)3 on transparency of commercial communications and digital advertising should be strengthened; points out that pressing consumer protection concerns about profiling, targeting and personalised pricing cannot be addressed by transparency obligations and left to consumer choice alone; therefore calls on the European Commission to assess the need of introducing additional measures; __________________ 3 Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (OJ L 149, 11.6.2005, p. 22).

Amendment 258 #

Motion for a resolution
Paragraph 16

16. Stresses that existing obligations, set out in the E-Commerce Directive and the Directive 2005/29/EC of the European Parliament and of the Council (‘Unfair Commercial Practices Directiveʼ)3 on transparency of commercial communications and digital advertising should be ~~strengthen~~frequently reviewed; points out that pressing consumer protection concerns about profiling, targeting and personalised pricing ~~cannot be addressed by transparency obliga~~were recently addressed in the “New Deal for Consumers”3a legislation which awaits full transpositions and ~~left to consumer choice alone~~enforcement; __________________ 3 Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (OJ L 149, 11.6.2005, p. 22). 3aDirective of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council as regards the better enforcement and modernisation of Union consumer protection rules

Amendment 259 #

Maria GRAPINI, Clara AGUILERA, Adriana MALDONADO LÓPEZ

Motion for a resolution
Paragraph 16

Amendment 26 #

Motion for a resolution
Recital B

B. whereas the Directive 2000/31/EC of the European Parliament and of the Council2 (“the E-Commerce Directive”) has been one of the most successful pieces of Union legislation and has shaped the Digital Single Market as we know it today; whereas the E-Commerce Directive was adopted 20 years ago and no longer adequately reflects the rapid transformation and expansion of e-commerce in all its forms, with its multitude of different emerging services, products, providers and challenges; __________________ 2 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1).

Amendment 260 #

Pablo ARIAS ECHEVERRÍA, Róża THUN UND HOHENSTEIN, Tomislav SOKOL, Andrey KOVATCHEV, Edina TÓTH, Pilar del CASTILLO VERA, Romana TOMC, Andreas SCHWAB

Motion for a resolution
Paragraph 16

16. Stresses that existing obligations, set out in the E-Commerce Directive and the Directive 2005/29/EC of the European Parliament and of the Council (‘Unfair Commercial Practices Directiveʼ)3 on transparency of commercial communications and digital advertising should be strengthened; points out that pressing consumer protection concerns about profiling, targeting and personalised pricing ~~cannot~~should be addressed by, among others, by clear transparency obligations and ~~left to consumer choice alone~~information requirements; __________________ 3 Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (OJ L 149, 11.6.2005, p. 22).

Amendment 261 #

Motion for a resolution
Paragraph 16

16. Stresses that existing obligations, set out in the E-Commerce Directive and the Directive 2005/29/EC of the European Parliament and of the Council (‘Unfair Commercial Practices Directiveʼ)3 on transparency of commercial communications and digital advertising should be strengthened; ~~points out that~~calls on the Commission to assess the need for further action to address pressing consumer protection concerns about profiling, targeting and personalised pricing ~~cannot be addressed by transparency obligations and left to consumer choice alone~~; __________________ 3 Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (OJ L 149, 11.6.2005, p. 22).

Amendment 262 #

Alex AGIUS SALIBA, Adriana MALDONADO LÓPEZ, Maria-Manuel LEITÃO-MARQUES, Clara AGUILERA, Maria GRAPINI, Andreas SCHIEDER, Marc ANGEL, Evelyne GEBHARDT, Biljana BORZAN

Motion for a resolution
Paragraph 16 a (new)

16a. Underlines that Data Management services and architecture of concentration, storage, use, reuse, curation and analytics is the first significant part of the value chain in the digital economy; considers that the Digital Single Market policies should address the challenges of this architecture; stresses that costs related to computation, elaboration, storage and access to data will determine the speed, depth and scale of the adoption of digital infrastructure and products, especially for SMEs and innovative start-ups ; believes that EU should develop its own adequate capacity for cloud services as well as to facilitate the development of a decentralized, interoperable system of data governance that enables the efficient use of local infrastructures, including fog, mist and edge computing; asks the Commission to enable the development of these local data infrastructures to support the expansion of IoT consumer products, IoT industrial products, and Smart Cities applications;

Amendment 263 #

Motion for a resolution
Paragraph 16 a (new)

16a. Stresses that online consumers find themselves in an unbalanced relation to service providers and traders offering services for free but supporting their services by advertising revenue and ads that are automatically targeting individual consumers, based on the information collected through big data and AI mechanisms; notes that the business model based on providing “free” services paid through advertising may lead to undesirable societal outcomes and be detrimental to consumers;

Amendment 264 #

Tomislav SOKOL, Pablo ARIAS ECHEVERRÍA, Edina TÓTH

Motion for a resolution
Paragraph 16 a (new)

16a. Calls for transparency obligations for recommendation systems of content hosting providers including the public documentation of recommendation outputs and their audiences, content- specific ranking decisions and other interventions by the platform , the criteria and the reasoning behind those decisions as well as the organisational structures that control such systems which should take the form of real-time, high-level, anonymised data access through public API;

Amendment 265 #

Motion for a resolution
Paragraph 16 a (new)

16a. Notes the increasing use of digital platforms and applications in eHealth, and in particular the importance of telemedicine and consumer health informatics; considers that the Digital Services Act package must ensure that digital eHealth services provide citizens with only accurate, verified and scientifically-based facts while also effectively protecting their personal data.

Amendment 266 #

Evelyne GEBHARDT, Monika BEŇOVÁ, Andreas SCHIEDER, Marc ANGEL, Adriana MALDONADO LÓPEZ

Motion for a resolution
Paragraph 16 a (new)

16a. Notes that given the significant differences between digital services, a one-size-fits-all approach should be avoided; that is, intermediaries’ duties of care should differ depending on their business model;

Amendment 267 #

Evelyne GEBHARDT, Monika BEŇOVÁ, Andreas SCHIEDER, Sylvie GUILLAUME, Adriana MALDONADO LÓPEZ

Motion for a resolution
Paragraph 16 a (new)

16a. Welcomes the European Commission's White Paper on Artificial Intelligence; calls on the Commission to ensure that the Digital Services Act preserves the human centric approach to AI, while ensuring respect of the EU’s fundamental values and rights as enshrined in the Treaties;

Amendment 268 #

Motion for a resolution
Paragraph 16 b (new)

16b. Considers that intermediaries whose interventions may affect users fundamental freedoms should be maximally protected from liability while intermediaries that enable commercial transactions, including advertising, should be subject to a stronger obligation to take active care in order to protect consumers and provide security and trust;

Amendment 269 #

Marc ANGEL, Adriana MALDONADO LÓPEZ, Clara AGUILERA, Sándor RÓNAI

Motion for a resolution
Subheading 4

~~Artificial intelligence (AI)~~Content moderation, prioritisation and personalisation

Amendment 27 #

Motion for a resolution
Recital B

B. whereas the Directive 2000/31/EC of the European Parliament and of the Council2 (“the E-Commerce Directive”) has been one of the most successful pieces of Union legislation and has shaped the Digital Single Market as we know it today; whereas the E-Commerce Directive was adopted 20 years ago and ~~no longer adequately reflects~~requires updating, taking into account the rapid transformation and expansion of e- commerce in all its forms, with its multitude of different emerging services, providers and challenges; __________________ 2 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1).

Amendment 270 #

Maria GRAPINI, Adriana MALDONADO LÓPEZ

Motion for a resolution
Paragraph 17

17. Believes that while AI-driven services, currently governed by the E- cCommerce Directive, have enormous potential to deliver benefits to consumers and service providers, the new Digital Services Act should a~~lso address the challenges they present in terms of ensuring~~ssess whether the existing legislation and policy in the areas of data protection, competition, consumer protection and business to business obligations do not adequately address non- discrimination, transparency and explainability of algorithms~~, as well as liability~~; points out the need to monitor algorithms and to assess associated risks, to use high quality and unbiased datasets, without compromising trade secrets, violating user privacy or data disclosure laws, as well as to help individuals acquire access to diverse content, opinions, high quality products and services;

Amendment 271 #

Motion for a resolution
Paragraph 17

17. Believes that while AI-driven services, currently governed by the E- commerce Directive, have enormous potential to deliver benefits to consumers and service providers, the new Digital Services Act should also address the challenges they present in terms of ensuring non-discrimination, transparency and explainability of algorithms, as well as liability; points out the need to monitor algorithms and to assess associated risks, to use high quality and unbiased datasets, as well as to help individuals acquire access to diverse content, opinions, information on existing high quality products and services, to strengthen fundamental rights and find solutions to hold false news providers accountable, without restricting the freedom of expression;

Amendment 272 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Liesje SCHREINEMACHER, Svenja HAHN

Motion for a resolution
Paragraph 17

17. Believes that while AI-driven services, currently governed by the E- commerce Directive, have enormous potential to deliver benefits to consumers and service providers, the new Digital Services Act should also address the concrete challenges not already covered by current legislation that they present in terms of ensuring non-discrimination, transparency ~~and explainability~~on the data sets and the explainability - to the extent possible - of algorithms, as well as liability; points out the need to ~~monitor algorithms and to~~ assess associated risks, to use high quality and unbiased datasets, as well as to help individuals acquire access to diverse content, opinions, high quality products and services;

Amendment 273 #

Motion for a resolution
Paragraph 17

17. Believes that while AI-driven services, currently governed by the E- commerce Directive, have enormous potential to deliver benefits to consumers and service providers, the new Digital Services Act should also address the challenges they present in terms of ensuring non-discrimination, transparency and explainability of algorithms, as well as liability; points out the need ~~to monitor~~for audits of algorithms and ~~to assess associated risks~~mandatory risk assessments of associated risks for individuals, groups and society at large, to use high quality and unbiased datasets, as well as to help individuals acquire access to diverse content, opinions, high quality products and services;

Amendment 274 #

Motion for a resolution
Paragraph 17

17. Believes that while AI-driven services, currently governed by the E- commerce Directive, have enormous potential to deliver benefits to consumers and service providers, the new Digital Services Act should also address the challenges they present in terms of ensuring ~~non-discrimination,~~ transparency and explainability of inputs for algorithms, a~~s well as liability; points out the need to monitor algorithms an~~nd outputs for which are algorithms optimised; points out the need to assess associated risks of using AI, to use high quality and unbiased underlying datasets, as well as to help individuals acquire access to diverse content, opinions, high quality products and services;

Amendment 275 #

Pablo ARIAS ECHEVERRÍA, Pilar del CASTILLO VERA, Róża THUN UND HOHENSTEIN, Tomislav SOKOL, Romana TOMC

Motion for a resolution
Paragraph 17

17. Believes that while AI-driven services, currently governed by the E- commerce Directive, have enormous potential to deliver benefits to consumers and service providers, ~~the new Digital Services Act~~future legislation on artificial intelligence should ~~also~~ address the challenges they present in terms of ensuring non-discrimination, transparency and explainability of algorithms, as well as liability; points out the need to monitor algorithms and to assess associated risks, to use high quality and unbiased datasets, as well as to help individuals acquire access to diverse content, opinions, high quality products and services;

Amendment 276 #

Motion for a resolution
Paragraph 17

17. Believes that while AI-driven services, currently governed by the E- commerce Directive, have enormous potential to deliver benefits to consumers and service providers, the new Digital Services Act should also address the challenges they present in terms of ensuring non-discrimination, transparency and explainability of algorithms~~, as well as liability~~; points out the need to monitor algorithms and to assess associated risks, to use high quality and when possible unbiased datasets, as well as to help individuals acquire access to diverse content, opinions, high quality products and services;

Amendment 277 #

Martin SCHIRDEWAN, Emmanuel MAUREL, Stelios KOULOGLOU

Motion for a resolution
Paragraph 17

17. Believes that while AI-driven services, currently governed by the E- commerce Directive, have enormous potential to deliver benefits to consumers and service providers, the new Digital Services Act should also address the challenges they present in terms of ensuring non-discrimination, transparency and explainability of algorithms, as well as liability; points out the need to monitor algorithms and to assess associated risks, to use high quality and unbiased datasets, as well as to help individuals acquire access to diverse content, opinions, high quality products and serviceensure that AI services used in high-risk sectors such as healthcare and transport are marked by a high standard of security, transparency and data protection by introducing risk assessment and screening systems;

Amendment 278 #

Motion for a resolution
Paragraph 17 a (new)

(17a) Considers it necessary to end the “attention- seeking” profiling business model of digital markets, where algorithms priorities controversial content and thus contribute to its spread online; stresses thus, that users should have more control on how rankings are presented, e.g. by giving them the choice to arrange them alternatively;

Amendment 279 #

Motion for a resolution
Paragraph 17 a (new)

17a. Believes that AI technologies have a wide range of specific applications and challenges; supports the assessment of AI technologies by a sectoral approach rather than a general approach, taking into account the value of human intervention and the scale of data provision; considers, however, that it is appropriate to develop an ethics of AI in order to protect individuals against potential abuses without hampering innovation;

Amendment 28 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Liesje SCHREINEMACHER, Sandro GOZI, Stéphanie YON-COURTIN

Motion for a resolution
Recital B

B. whereas the Directive 2000/31/EC of the European Parliament and of the Council2 (“the E-Commerce Directive”) has been one of the most successful pieces of Union legislation and has shaped the Digital Single Market as we know it today; whereas the E-Commerce Directive was adopted 20 years ago and it may no longer adequately reflects the rapid transformation and expansion of e- commerce in all its forms, with its multitude of different emerging services, providers and challenges; __________________ 2 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1).

Amendment 280 #

Brando BENIFEI, Maria GRAPINI, Andreas SCHIEDER, Sylvie GUILLAUME, Adriana MALDONADO LÓPEZ, Clara AGUILERA, Marc ANGEL

Motion for a resolution
Paragraph 17 a (new)

17a. Deems necessary to ensure an approach based on social dialogue and effective information and consultation of workers in introducing and monitoring AI technologies and solutions, in particular with regard to the use of algorithms; the ‘human in command principle’ must be respected, inter alia, to prevent the rise of health and safety risks, alienating tasks, discrimination, undue surveillance, and abuses in management and HR processes;

Amendment 281 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Sandro GOZI, Stéphanie YON-COURTIN, Svenja HAHN

Motion for a resolution
Paragraph 17 a (new)

17a. Recalls that the protection of personal data subject to automated decision-making processes is already covered, among others, by the General Data Protection Regulation and none of the proposals should seek to repeat or amend such measures;

Amendment 282 #

Motion for a resolution
Paragraph 17 b (new)

17b. Underlines that algorithms can be protected as trade secrets within the meaning of the Directive 2016/943; stresses that any supervision of such algorithms, where needed, must be carried out by the national regulatory authority of the country of origin, on a case by case basis, only when a Member State has reason to believe that it has algorithmic bias, and be subject to clear confidentiality rules;

Amendment 283 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Liesje SCHREINEMACHER, Svenja HAHN

Motion for a resolution
Paragraph 17 c (new)

17c. Believes that the focus of the Commission should be on potential bias within datasets or in the output, rather than on the algorithms themselves;

Amendment 284 #

Martin SCHIRDEWAN, Emmanuel MAUREL, Stelios KOULOGLOU

Motion for a resolution
Paragraph 18

18. Considers that consumers should be properly informed in an understandable and easily accessible way and their rights should be effectively guaranteed when they interact with automated decision-making systems and other innovative digital services or applications; believes that it should be possible for consumers to request checks and corrections of possible mistakes resulting from automated decisions, as well as human intervention and consumers should have the right to seek redress for any damage related to the use of automated decision-making systems; considers that the set of rights of consumers should be expanded to better protect them in the digital world, in particular the right to accountability and control and the right to fairness which should be considered in order to foster the necessary trust of consumers in AI applications;

Amendment 285 #

Pablo ARIAS ECHEVERRÍA, Róża THUN UND HOHENSTEIN, Tomislav SOKOL, Andrey KOVATCHEV, Edina TÓTH, Maria da Graça CARVALHO, Pascal ARIMONT, Marion WALSMANN, Kris PEETERS, Romana TOMC, Andreas SCHWAB

Motion for a resolution
Paragraph 18

18. Considers that consumers should be properly informed and their rights should be effectively guaranteed when they interact with automated decision-making systems and other innovative digital services or applications; considers it essential that automatic decision-making systems do not generate unfairly biased outputs for consumers in the single market; believes that it should be always possible for consumers to be properly informed about interacting with automated decision-making, and about how to reach a human with decision- making powers to request checks and corrections of possible mistakes resulting from automated decisions, as well as to seek redress for any damage related to the use of automated decision-making systems;

Amendment 286 #

Motion for a resolution
Paragraph 18

18. Considers that consumers should be properly informed and their rights should be effectively guaranteed when they interact with automated decision-making systems and other innovative digital services or applications; believes that it should be possible for consumers to request checks and corrections of possible mistakes resulting from automated decisions, as well as to seek redress for any damage related to the use of automated decision-making systems; , both from the entities concerned and national courts, on the model of the mechanism described in Article 17, paragraph 9, of the Copyright Directive1a; __________________ 1a Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (OJ L 130, 17.5.2019, p. 92).

Amendment 287 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER

Motion for a resolution
Paragraph 18

18. Considers that consumers should be properly informed and their rights should be effectively guaranteed when they interact with automated decision-making systems and other innovative digital services or applications; believes that it is and it should be possible for consumers to request checks and corrections of possible mistakes resulting from automated decisions, as well as to seek redress for any damage related to the use of automated decision-making systems; believes that a decision issued via automated decision- making should be a subject of a remedy which is made out of an automated system, i.e. by human assessment;

Amendment 288 #

Motion for a resolution
Paragraph 18

18. Considers that ~~consumers should~~users have the right to be properly informed and their rights should be effectively guaranteed when they interact with automated decision-making systems and other innovative digital services or applications; further considers that users should be informed when a service is personalised to its users and whether the personalisation can be switched off or otherwise limited; believes that it should be possible for ~~consum~~users to request checks and corrections of possible mistakes resulting from automated decisions, as well as to seek redress for any damage related to the use of automated decision-making systems;

Amendment 289 #

Motion for a resolution
Paragraph 18

18. Considers that consumers should be properly informed and their rights should be effectively guaranteed when they interact with automated decision-making systems and other innovative digital services or applications; believes that it should be possible for consumers to request checks and corrections of possible mistakes resulting from automated decisions, as well as to seek redress for any damage related to the use of automated decision-making systems; notes that the Parliament’s Resolution on automated- decision making emphasized1a that, ultima ratio, humans shall remain in control; __________________ 1aResolution on Automated decision- making processes: Ensuring consumer protection, and free movement of goods and services(2019/2915(RSP)).

Amendment 29 #

Motion for a resolution
Recital B a (new)

Ba. whereas Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market as amended by Directive (EU) 2019/2161 (EU) and Directives (EU) 2019/770 and (EU) 2019/771 on certain aspects concerning contracts for the supply of digital content and digital services and contracts for the sale of goods have only recently been adopted; whereas other proposals such as the proposal for Regulation on preventing the dissemination of terrorist content online and the proposal for a Directive on representative actions for the protection of the collective interests of consumers are in the legislative process;

Amendment 290 #

Evelyne GEBHARDT, Monika BEŇOVÁ, Biljana BORZAN, Andreas SCHIEDER, Marc ANGEL, Adriana MALDONADO LÓPEZ

Motion for a resolution
Paragraph 18

18. Considers that consumers should be properly informed in a timely, impartial, easily-readable, standardised and accessible manner and their rights should be effectively guaranteed when they interact with automated decision-making systems ~~and other innovative~~, in particular as regards the right to an effective remedy, and other digital services or applications; believes that it should be possible for consumers to meaningfully contest, request checks and corrections of ~~possible mistakes resulting from~~ automated decisions, as well as to seek redress for any damage related to the use of automated decision-making systems;

Amendment 291 #

Motion for a resolution
Paragraph 18

Amendment 292 #

Motion for a resolution
Paragraph 18

Amendment 293 #

Adam BIELAN, Beata MAZUREK, Eugen JURZYCA, Andżelika Anna MOŻDŻANOWSKA

Motion for a resolution
Paragraph 18

18. Considers that ~~consum~~users should be properly informed and their rights should be effectively guaranteed when they interact with automated decision-making systems and other innovative digital services or applications; believes that it should be possible for ~~consumers to request~~business and individual users to request transparency, checks and corrections of possible mistakes or biases resulting from automated decisions, as well as to seek redress for any damage related to the use of automated decision-making systems;

Amendment 294 #

Motion for a resolution
Paragraph 18 a (new)

18a. Notes that automated content moderation tools are incapable of effectively understanding the subtlety of context and meaning in human communication, which is necessary to determine whether assessed content may be considered to violate the law or terms of service; stresses therefore that the use of such tools should not be mandated by law;

Amendment 295 #

Róża THUN UND HOHENSTEIN, Andrey KOVATCHEV, Maria da Graça CARVALHO, Tomislav SOKOL, Krzysztof HETMAN

Motion for a resolution
Paragraph 18 a (new)

18a. Considers that lack of clarity regarding the use of ‘chatbots’ may cause distress to certain particularly vulnerable groups who are led to believe that they are communicating with a human being, especially if bots use colloquial expressions in order to generate engagement and empathy;

Amendment 296 #

Pablo ARIAS ECHEVERRÍA, Róża THUN UND HOHENSTEIN, Tomislav SOKOL, Andrey KOVATCHEV, Edina TÓTH, Pascal ARIMONT, Kris PEETERS, Romana TOMC, Andreas SCHWAB

Motion for a resolution
Paragraph 18 a (new)

18a. Underlines the importance of the use of data by digital platforms and that the accumulation of vast amounts of data by large technological enterprises creates imbalances in bargaining power and, thus, leads to the distortion of competition in the Single Market;

Amendment 297 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Svenja HAHN

Motion for a resolution
Paragraph 18 a (new)

18a. Stresses that digital services should not exclusively use automated decision-making systems for consumer support;

Amendment 298 #

Motion for a resolution
Subheading 5

Tackling Illegal and Harmful Content Online

Amendment 299 #

Motion for a resolution
Subheading 5

Tackling Illegal ~~Content~~Activities Online

Amendment 3 #

Brando BENIFEI, Maria GRAPINI, Andreas SCHIEDER, Sylvie GUILLAUME, Adriana MALDONADO LÓPEZ, Clara AGUILERA, Marc ANGEL

Motion for a resolution
Citation 2 a (new)

- having regard to the Commission recommendation (EU) 2018/334 of 1 March 2018 on measures to effectively tackle illegal content online,1a __________________ 1a OJ L 63, 6.3.2018, p. 50

Amendment 30 #

Maria GRAPINI, Clara AGUILERA, Adriana MALDONADO LÓPEZ

Motion for a resolution
Recital C

Amendment 300 #

Motion for a resolution
Paragraph 19

19. Stresses that the existence and spread of illegal content online is a severe threat that undermines citizens' trust and confidence in the digital environment, and which also harms the economic development of healthy platform ecosystems in the Digital Single Market and severely hampers the development of legitimate markets for digital services, therefore Member States must lay down the sanctions applicable to those responsible for disseminating illegal content online, and using unfair commercial practices;

Amendment 301 #

Kris PEETERS

Motion for a resolution
Paragraph 19

19. Stresses that the existence and spread of illegal content online is a severe threat that undermines citizens' trust and confidence in the digital environment, and which also harms the economic development of healthy platform ecosystems in the Digital Single Market and severely hampers the development of legitimate markets for digital services; deems it therefore necessary that illegal content is removed swiftly and consistently;

Amendment 302 #

Róża THUN UND HOHENSTEIN, Andrey KOVATCHEV, Maria da Graça CARVALHO, Tomislav SOKOL, Krzysztof HETMAN

Motion for a resolution
Paragraph 19

19. Stresses that the existence and spread of illegal content online is a severe threat that undermines citizens' trust and confidence in the digital environment, especially when it is related to cross- border services, and which also harms the economic development of healthy platform ecosystems in the Digital Single Market and severely hampers the development of legitimate markets for digital services;

Amendment 303 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Liesje SCHREINEMACHER, Sandro GOZI, Stéphanie YON-COURTIN, Svenja HAHN

Motion for a resolution
Paragraph 19

19. Stresses that the existence and spread of illegal content online ~~is a severe threat that~~, such as incitement to terrorism, illegal hate speech, or child sexual abuse material, as well as infringements of intellectual property rights and consumer protection online undermines citizens' trust and confidence in the digital environment, and ~~which also harms the economic development of~~harms healthy platform ecosystems in the Digital Single Market ~~and severely hampers the development of legitimate markets for digital services~~;

Amendment 304 #

Motion for a resolution
Paragraph 19

19. Stresses that the existence and spread of illegal and harmful content online is a severe threat that undermines citizens' trust and confidence in the digital environment, and which also harms the economic development of healthy platform ecosystems in the Digital Single Market and severely hampers the development of legitimate markets for digital services;

Amendment 305 #

Motion for a resolution
Paragraph 19

19. Stresses that the existence and spread of illegal ~~content~~activities online is a severe threat that undermines citizens' trust and confidence in the digital environment, and which also harms the economic development of healthy platform ecosystems in the Digital Single Market and severely hampers the development of legitimate markets for digital services;

Amendment 306 #

Motion for a resolution
Paragraph 19

19. Stresses that the existence ~~and spread~~ of illegal content online is a severe threat that undermines citizens' trust and confidence in the digital environment, and which also harms the economic development of healthy platform ecosystems in the Digital Single Market and severely hampers the development of legitimate markets for digital services;

Amendment 307 #

Motion for a resolution
Paragraph 19 a (new)

19a. Is of the view that in order for consumers to protect their rights and for businesses to efficiently moderate the content uploaded by users, illegal content should be easily distinguishable from harmful content or misinformation online; asks the Commission to provide a understandable definition of illegal information and activities including their exhaustive list and to provide safeguards in order to avoid gold-plating of this rules by the Member States;

Amendment 308 #

Motion for a resolution
Paragraph 19 a (new)

19a. Acknowledges that it would be very difficult to arrive at a single, legally relevant and future-proof definition of online platforms at EU level, owing to factors such as the great variety of types of existing online business models and their areas of activity; notes that in any case one single EU definition would not help the EU succeed in the platform economy, considering the fast-changing environment of the digital world;

Amendment 309 #

Andreas SCHIEDER

Motion for a resolution
Paragraph 19 a (new)

19a. Is of the opinion that platforms and digital service providers must be held liable for illegal actions or dissemination of illegal content (e.g. social housing offers on short term rental platforms) and believes that discriminatory decisions of platforms can be made only according to local laws or court decisions; stresses that this also requires the provision of and access to utilizable data;

Amendment 31 #

Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE

Motion for a resolution
Recital C

Amendment 310 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Svenja HAHN

Motion for a resolution
Paragraph 19 a (new)

19a. Believes that allowing new innovative business models to flourish and strengthening the Digital Single Market by removing barriers to the free movement of digital content, barriers which creates national fragmented markets and a demand for illegal content, have been proven to work in the past, especially in relation to the infringements of intellectual property rights;

Amendment 311 #

Motion for a resolution
Paragraph 19 a (new)

19a. Stresses that child pornography is a widespread and steadily growing phenomenon that cannot go unnoticed and must be fought vigorously by common action;

Amendment 312 #

Motion for a resolution
Paragraph 20

Amendment 313 #

Motion for a resolution
Paragraph 20

20. Notes that there is no ‘one size fits all’ solution to all types of illegal and harmful content and cases of misinformation online; believes, however, that it is essential to distinguish between commercial content on the one hand and non-commercial content, such as posts from individual users, on the other and to adopt a more aligned approach at Union level, taking into account the different types of content, ~~will make~~making the fight against illegal content more effective; considers that a clear and precise definition of what is meant by 'unlawful content' is needed;

Amendment 314 #

Motion for a resolution
Paragraph 20

20. Notes that there is no ‘one size fits all’ solution to all types of illegal and harmful content and cases of misinformation online; believes, however, that a more aligned approach at Union level, taking into account the different types of content, ~~will make the fight against illegal content more effective~~in particular what protected interest the content might damage, will make the fight against illegal content more effective and more consistent with the right of freedom of expression;

Amendment 315 #

Adam BIELAN, Beata MAZUREK, Andżelika Anna MOŻDŻANOWSKA

Motion for a resolution
Paragraph 20

20. Notes that there is no ‘one size fits all’ solution to all types of illegal and harmful content and cases of mdisinformation online; believes, however, that a more aligned approach at Union level and the introduction of an obligation to ensure that illegal content stays down after being removed, taking into account the different types of content and technical capacities, will make the fight against illegal content more effective;

Amendment 316 #

Motion for a resolution
Paragraph 20

20. Notes that there is no ‘one size fits all’ solution to all types of illegal and harmful content and cases of misinformation online; ~~believes, however, that a more aligned approach at Union level, taking into account the different types of content,~~recalls the fact that misinformative and harmful content is not always illegal; requests further to establish a definition of illegal information and activities to simplify compliance; believes, that a more aligned approach at Union level will make the fight against illegal content more effective;

Amendment 317 #

Motion for a resolution
Paragraph 20

20. Notes that there is no ‘one size fits all’ solution to all types of illegal and harmful content and cases of mdisinformation online; believes, however, that a more aligned and coordinated approach at Union level, taking into account the different types of content, will make the fight against both illegal content ~~more effectiv~~and harmful content that is legal yet harmful content more effective, more expeditious and less burdensome;

Amendment 318 #

Motion for a resolution
Paragraph 20

20. Notes that there is no ‘one size fits all’ solution to all types of illegal and harmful content and cases of misinformation online since the concept of illegal and harmful content covers many aspects; believes, however, that a more aligned approach at Union level, taking into account the different types of content, will make the fight against illegal content more effective;

Amendment 319 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Sandro GOZI, Stéphanie YON-COURTIN

Motion for a resolution
Paragraph 20

20. ~~Notes that there is no ‘one size fits all’ solution to all types of~~ Stresses the need to distinguish between ‘illegal ~~and~~ ’, ‘harmful ~~content and cases of misinformation online; believes, however, that a more aligned approach at Union level, taking into account the different types of content, will make~~’, and other content; notes that some content linked to religious belief or political positions, for instance, might be considered harmful without being illegal; considers that 'harmful' legal content should not be regulated or defined in the fDig~~ht against illegal content more effective~~ital Service Act as they are protected by the freedom of expression;

Amendment 32 #

Pablo ARIAS ECHEVERRÍA, Tomislav SOKOL, Edina TÓTH, Maria da Graça CARVALHO

Motion for a resolution
Recital C

Amendment 320 #

Motion for a resolution
Paragraph 20

20. Notes that there is no ‘one size fits all’ solution to all types of illegal and harmful content and cases of mdisinformation online; believes, however, that a more aligned approach at Union level, taking into account the different types of content and services offered by a platform, will make the fight against illegal content more effective;

Amendment 321 #

Róża THUN UND HOHENSTEIN, Andrey KOVATCHEV, Maria da Graça CARVALHO, Tomislav SOKOL, Krzysztof HETMAN

Motion for a resolution
Paragraph 20

20. Notes that there is no ‘one size fits all’ solution to all types of illegal and harmful content ~~and~~, including cases of mdisinformation online; believes, however, that a more aligned approach at Union level, taking into account the different types of content, will make the fight against illegal and harmful content more effective;

Amendment 322 #

Motion for a resolution
Paragraph 20

20. Notes that there is no ‘one size fits all’ solution to all types of illegal a~~nd harmful content and cases of misinformation online~~ctivities; believes, however, that a more aligned approach at Union level, taking into account the different types of ~~content~~activities, will make the fight against illegal content more effective;

Amendment 323 #

Motion for a resolution
Paragraph 20

20. Notes that there is no ‘one size fits all’ solution to all types of illegal and harmful content and ~~cases of misinformation online; believes, however, that a more aligned approach at Union level, taking into account the different types of content, will make the fight against illegal content more eff~~reiterates therefore the importance of the sector-specific legislation that has been established in the past and stresses that it should not be put into question by the revision of the E- Commerce directive;

Amendment 324 #

Motion for a resolution
Paragraph 20 a (new)

Calls for an aligned approach based on general principles, such as a duty of care, which consists in online intermediaries taking all effective and appropriate measures to identify the risks, prevent the appearance of, remove and disable illegal content on their platform , remedy the negative consequences and report on the way they remedy it; considers that this should be a prerequisite for their qualification for exemptions from liability;

Amendment 325 #

Motion for a resolution
Paragraph 20 a (new)

20a. Calls for an aligned approach based on general principles, such as a duty of care, which consists in online intermediaries taking all effective and appropriate measures to prevent the appearance of, remove and disable illegal content on their platform; considers that this should be a prerequisite for their qualification for exemptions from liability;

Amendment 326 #

Motion for a resolution
Paragraph 20 a (new)

20a. Considers that this approach at Union level should be based on the principle of due diligence which is already implemented by some players; underlines that, in the context of the Digital Services Act, this principle should notably mean that active online intermediaries should take also effective and appropriate measures to tackle and remove illegal content from their platform and that such proactive measures should be a pre- condition for the service providers to benefit from the exemption of liability provided for in the E-Commerce Directive;

Amendment 327 #

Martin SCHIRDEWAN, Emmanuel MAUREL, Stelios KOULOGLOU

Motion for a resolution
Paragraph 20 a (new)

20a. Underlines that illegal content should be removed where it is hosted, and that access providers shall not be required to block access to content;

Amendment 328 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Sandro GOZI, Stéphanie YON-COURTIN, Svenja HAHN

Motion for a resolution
Paragraph 20 a (new)

20a. Stresses also that content that might be seen as 'illegal' in some Member States, may not be seen as such in others as only some type of 'illegal' content are harmonised in the EU; notes that there is therefore no ‘one size fits all’ solution to all types of 'illegal' content;

Amendment 329 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Svenja HAHN

Motion for a resolution
Paragraph 20 b (new)

20b. Believes, however, that a more aligned approach at Union level, taking into account the different types of content and online platforms and based on cooperation and exchange of best practices, will make the fight against 'illegal' content more effective;

Amendment 33 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Liesje SCHREINEMACHER, Svenja HAHN

Motion for a resolution
Recital C

C. whereas, despite the clarifications made by the European Court of Justice, the need to go beyond the existing regulatory framework is clearly demonstrated by the fragmented approach of Member States to tackling illegal content online, by the lack of enforcement and cooperation between Member State, currently Member States have fragmented approach to tackling illegal content online as, since the entry into force of Directive 2000/31/EC, some Member States have adopted their own rules on 'notice-and-action' mechanisms; whereas there are therefore increasing differences between such national rules; whereas, as a consequence, the service providers concerned cand b~~y the inability of the existing legal framework to promote effective market entry~~e subject to a range of different legal requirements which are diverging as to their content and sco~~nsumer welfar~~pe;

Amendment 330 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Svenja HAHN

Motion for a resolution
Paragraph 20 c (new)

20c. Underlines the need to adapt the severity of the measures that need to be taken by service providers to the seriousness of the infringement, so that the fight against terrorism, illegal hate speech, or child sexual abuse material take clear precedence over other types of infringements;

Amendment 331 #

Motion for a resolution
Paragraph 21

21. Considers that voluntary actions and self-regulation by online platforms across Europe have brought some benefits, but additional measures are needed in order to ensure the swift detection and removal of illegal content online; considers that instead of applying algorithms for automated filtering technologies, a solid reform of the “notice and take down” framework should be introduced; stresses that in case filters are used, they need to be accompanied by robust safeguards for transparency and accountability with highly skilled independent and impartial public oversight; rejects therefore a “good samaritan clauses” for dominant platforms;

Amendment 332 #

Andreas SCHIEDER, Sylvie GUILLAUME, Adriana MALDONADO LÓPEZ, Clara AGUILERA, Brando BENIFEI

Motion for a resolution
Paragraph 21

21. Considers that voluntary actions and self-regulation by online platforms across Europe have brought ~~some~~ benefits~~, but additional measures are needed in order to ensure the swift detection and removal of illegal content online;~~ ; points that codes of conduct on countering illegal hate speech online improved the response of the platforms to the flagged content to 89% within 24 hours, 95 % under 48 hours, 99.3 % in a week; asks the Commission for the code of conduct on actions related to feedback provided to users of platforms, to ensure that users are informed how their notifications were resolved;

Amendment 333 #

Motion for a resolution
Paragraph 21

21. Considers that voluntary actions and self-regulation by online platforms across Europe have brought some benefits, but strong additional measures are needed in order to ensure the swift detection and removal of illegal content online; stresses that voluntary actions and self-regulation by online platforms are not the appropriate way to find a solution for a fair level playing field;

Amendment 334 #

Kris PEETERS

Motion for a resolution
Paragraph 21

21. Considers that voluntary actions and self-regulation by online platforms across Europe have brought some benefits, but additional measures are needed in order to ensure the swift detection and removal of illegal content online; stresses that legal obligations for digital service providers must be introduced on procedures, procedural safeguards and meaningful transparency reports;

Amendment 335 #

Motion for a resolution
Paragraph 21

21. Considers that voluntary actions and self-regulation by online platforms across Europe have brought some benefits, but regards it as necessary to improve cooperation between the authorities and introduce additional codes of conduct, as well as additional measures are needed in order to ensure the swift detection and removal of illegal content online, without compromising the fundamental rights and freedoms of users;

Amendment 336 #

Motion for a resolution
Paragraph 21

21. Considers that voluntary actions and self-regulation by online platforms across Europe have brought some benefits, but additional measures are needed in order to ensure the swift detection and removal of illegal content online and that removal of content does not affect the fundamental rights and the legitimate interests of users and consumers;

Amendment 337 #

Róża THUN UND HOHENSTEIN, Andrey KOVATCHEV, Maria da Graça CARVALHO, Tomislav SOKOL

Motion for a resolution
Paragraph 21

21. Considers that voluntary actions and self-regulation by online platforms across Europe have ~~brought some benefits, but additional measures are~~led to the removal of content without a clear legal basis and are in contravention of Article 52 of the Charter hence a clear legal framework is needed in order to ensure the swift ~~detec~~notification and removal of illegal content online;

Amendment 338 #

Motion for a resolution
Paragraph 21

21. Considers that voluntary actions and self-regulation by online platforms across Europe have b~~rought some benefits, but additional~~een proven unsatisfactory and much stronger measures are needed in order to ensure the swift detection and removal of illegal and harmful content online;

Amendment 339 #

Maria GRAPINI, Clara AGUILERA, Marc ANGEL, Adriana MALDONADO LÓPEZ

Motion for a resolution
Paragraph 21

21. Considers that voluntary actions and self-regulation by online platforms across Europe have brought some benefits, but additional binding measures are needed in order to ensure the swift detection and removal of illegal content online;

Amendment 34 #

Marc ANGEL, Maria GRAPINI, Sándor RÓNAI

Motion for a resolution
Recital C

C. whereas, despite the clarifications made by the European Court of Justice, the need to go beyond the existing regulatory framework is ~~clearly demonstrat~~justified by the fragmented approach of Member States to tackling illegal content online, by the complexity of various EU rules applying to e-commerce, by the lack of enforcement and cooperation between Member State, and by the ~~inability of the existing legal framework to~~challenges of promoteing effective market entry and consumer welfare;

Amendment 340 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Svenja HAHN

Motion for a resolution
Paragraph 21

21. Considers that voluntary actions and self-regulation by online platforms across Europe have brought ~~some~~ benefits~~, but~~ and additional measures ~~are needed in order~~should be taken to ensure the swift detection and removal of illegal content online;

Amendment 341 #

Adam BIELAN, Beata MAZUREK, Eugen JURZYCA, Andżelika Anna MOŻDŻANOWSKA

Motion for a resolution
Paragraph 21 a (new)

21a. Considers that more legal clarity is needed to encourage platforms and information society services providers to engage in additional voluntary actions for content moderation, above what is required by law; points out that the current EU legal regime creates an incentive for platforms and information society services providers to either refrain from taking reasonable proactive moderation, or to over-remove valuable content in the course of moderating for fear of losing their safe harbour protections and facing legal consequences;

Amendment 342 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER

Motion for a resolution
Paragraph 21 a (new)

21a. Would welcome the adoption of measures which would allow online intermediaries to do further self-controls of content on their sites without fear of increased liability under the E-Commerce Directive; at the same time, disagrees with any measures which would require self- controls in order to qualify for limited liability protections;

Amendment 343 #

Pablo ARIAS ECHEVERRÍA, Tomislav SOKOL, Pilar del CASTILLO VERA, Edina TÓTH, Maria da Graça CARVALHO, Pascal ARIMONT, Marion WALSMANN, Kris PEETERS, Romana TOMC, Anna-Michelle ASIMAKOPOULOU, Andreas SCHWAB

Motion for a resolution
Paragraph 21 a (new)

21a. Notes that the principle of control by the country of origin makes it possible in particular to respect national specificities in matters of justice and control of content online; warns nevertheless against some abuses of this same principle which are reflected in a form of 'digital dumping';

Amendment 344 #

Motion for a resolution
Paragraph 21 a (new)

21a. Believes that where intermediaries are established in a third country, they should designate a legal representative, established in the Union, who can be held accountable for the products they offer;

Amendment 345 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Svenja HAHN

Motion for a resolution
Paragraph 21 b (new)

21b. Underlines, however, the need to prevent a general monitoring of content uploads and for a light-handed approach by online intermediaries as to user uploaded content of a non-commercial nature; underlines that algorithms are not able to fully understand context and the legal uses of content as outlined in EU and different national legislations; believes that filters based on algorithms alone systematically lead to the removal of legitimate content (‘false positives’) and the corruption of such systems to the benefit of unfair commercial practices; asks where there is a doubt as to a content being of an 'illegal' nature, that this content should not be removed before further investigation;

Amendment 346 #

Adam BIELAN, Beata MAZUREK, Eugen JURZYCA, Andżelika Anna MOŻDŻANOWSKA

Motion for a resolution
Paragraph 21 b (new)

21b. Considers that any deployment of voluntary measures for content moderation shall not be treated as information society services providers having actual knowledge about illegal activities happening on their platforms, underlines that information society services providers shall not be held liable if they have not obtained actual knowledge or awareness of such activities; stresses that the limited liability principle has been one of the key enablers of European innovation;

Amendment 347 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Svenja HAHN

Motion for a resolution
Paragraph 21 c (new)

21c. Asks the Commission to issue a study on the removal of content and data during the COVID-19 crisis by automated decision-making and the level of removals in error (false positives) that were included in the number of items removed;

Amendment 348 #

Motion for a resolution
Paragraph 22

22. Calls on the Commission to address t~~he increasing differences and fragmentations of national~~o which extend national rules in the Member States are circumventing the basic rule~~s in~~ of the ~~Member States~~E-Commerce Directive - the country of origin principle and to propose concrete non-legislative or legislative measures including a transparent notice- and-action mechanism, that can empower both users ~~to notify~~and online intermediaries ~~of the existence of~~to deal appropriately with potentially illegal online content or behaviour, help information service providers to make faster and more precise decision on content moderation and which could empower the enforcement authorities to apply existing rules in a coherent and legally sound way; is of the opinion that such measures would guarantee a high level of users' and consumers' protection while promoting consumer trust in the online economy; stresses that content moderation rules and decisions should be clear and predictable for consumers;

Amendment 349 #

Motion for a resolution
Paragraph 22

22. Calls on the Commission to address the increasing differences and fragmentations of national rules in the Member States and to propose concrete legislative measures including a notice- and-action mechanism, which ensures sufficient safeguards against abusive restrictive measures, including effective control by a court or other independent adjudicatory body and that can empower users to notify online intermediaries of the existence of potentially illegal online content or behaviour; is of the opinion that such measures would guarantee a high level of users' and consumers' protection while promoting consumer trust in the online economy; considers that such mechanism should also govern any content supervision by any authority in order to ensure protection against illegitimate interference with the right to freedom of expression;

Amendment 35 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Sandro GOZI, Stéphanie YON-COURTIN, Svenja HAHN

Motion for a resolution
Recital C a (new)

Ca. whereas a recent Parliament 1a study shows that the potential gain of completing the Digital Single Market for services could be up to €100 billion; whereas the Digital Services Act should not only be a way to regulate those services but should also aim at unlocking this potential to the benefit of the European economy; __________________ 1a“Europe’s two trillion euro dividend, Mapping the Cost of Non-Europe 2019- 2024”, EPRS, PE 631.745, April 2019

Amendment 350 #

Motion for a resolution
Paragraph 22

22. Calls on the Commission to address the increasing differences and fragmentations of national rules in the Member States and to propose concrete targeted legislative measures including a notice- and-action mechanism~~, that can empower users to notify online intermediaries of the existence of potentially illegal online content or behaviour; is of the opinion that such measures would~~s, without prejudice to existing right holder protections and remedies available under EU and national law, that can empower users and trusted flaggers to notify online intermediaries of the existence of potentially illegal online content or behaviour; is of the opinion that such measures which must include effective stay down obligations for illegal content, including for identical or similar illegal content, and stronger and more transparent repeat infringers policies, would help guarantee a high level of users' and consumers' protection while promoting consumer trust in the online economy;

Amendment 351 #

Motion for a resolution
Paragraph 22

22. Calls on the Commission to address the increasing differences and fragmentations of national rules in the Member States and to propose concrete legislative measures including a notice- and-action mechanism, that can empower users to notify online intermediaries of the existence of potentially illegal online content or behaviour; is of the opinion that such measures would guarantee a high level of users' and consumers' protection while promoting consumer trust in the online economy; stresses that the notice- and-action mechanism should be complemented with “stay down” obligations to prevent the reappearance of illegal online content that has already been identified and removed as illegal;

Amendment 352 #

Adam BIELAN, Beata MAZUREK, Eugen JURZYCA, Andżelika Anna MOŻDŻANOWSKA

Motion for a resolution
Paragraph 22

22. Calls on the Commission to address the increasing differences and fragmentations of national rules in the Member States and to propose concrete legislative measures including a notice- and-action mechanism, that can empower users to notify online intermediaries of the existence of potentially illegal online content or behaviour; is of the opinion that such measures would guarantee a high level of users' and consumers' protection while promoting consumer trust in the online economy; considers that a notice and take down regime should be technology-neutral to be fit for the diversity of digital services provided by online platforms, as well as accessible to all actors and easy to use;

Amendment 353 #

Motion for a resolution
Paragraph 22

22. Calls on the Commission to address the increasing differences and fragmentations of national rules in the Member States and to propose concrete legislative measures including a well- defined notice- and-~~actio~~takedown mechanism with boundaries, that can empower users to notify online intermediaries of the existence of potentially illegal online content or behaviour; highlights that such mechanism could be only complete if it is introduced together with a counter-notice mechanism; is of the opinion that such measures would guarantee a high level of ~~users' and consume~~protection to all actors' p~~rotection~~articipating in the system, while promoting consumer trust in the online economy;

Amendment 354 #

Motion for a resolution
Paragraph 22

22. Calls on the Commission to address the increasing differences and fragmentations of national rules in the Member States and to propose concrete legislative measures including an effective and proportionate notice- and-action mechanism, that can empower users to notify online intermediaries of the existence of potentially illegal online content or behaviour’ ensuring that flagged illegal content is removed and does not reappear; is of the opinion that such measures would guarantee a high level of users' and consumers' protection while promoting consumer trust in the online economy;

Amendment 355 #

Motion for a resolution
Paragraph 22

22. Calls on the Commission to address the increasing differences and fragmentations of national rules in the Member States and to propose concrete legislative measures including a notice- and-action mechanism, that can empower users to notify online intermediaries of the existence of potentially illegal online content or behaviour; suggests the establishment of dissuasive sanction mechanisms with regard to the dissemination of illegal content; is of the opinion that such measures would guarantee a high level of users' and consumers' protection while promoting consumer trust in the online economy;

Amendment 356 #

Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE

Motion for a resolution
Paragraph 22

22. Calls on the Commission to address the increasing differences and fragmentations of national rules in the Member States and to propose concrete legislative measures including an effective and proportionate notice- and-action mechanism, that ~~can~~ empowers users to notify online intermediaries of the existence of potentially illegal online content or behaviour and ensures that the notified content is removed and does not reappear on the platform; is of the opinion that such measures would guarantee a high level of users' and consumers' protection while promoting consumer trust in the online economy;

Amendment 357 #

Motion for a resolution
Paragraph 22

22. Calls on the Commission to address the increasing differences and fragmentations of national rules in the Member States and to propose concrete legislative measures including a notice- and-action mechanism, that can empower users to notify online intermediaries of the existence of potentially illegal online content or behaviour and require platforms to react more quickly and to be more transparent about the actions taken; is of the opinion that such measures would guarantee a high level of users' and consumers' protection while promoting consumer trust in the online economy;

Amendment 358 #

Andreas SCHIEDER, Adriana MALDONADO LÓPEZ, Clara AGUILERA

Motion for a resolution
Paragraph 22

22. Calls on the Commission to address the increasing differences and fragmentations of national rules in the Member States and to propose concrete legislative measures including a notice- and-action mechanism, that can empower users and public bodies and administrations to notify online intermediaries of the existence of potentially illegal online content or behaviour; is of the opinion that such measures would guarantee a high level of users' and consumers' protection while promoting consumer trust in the online economy;

Amendment 359 #

Marc ANGEL, Sándor RÓNAI

Motion for a resolution
Paragraph 22

22. Calls on the Commission to address the increasing differences and fragmentations of national rules in the Member States and to propose concrete legislative measures including a harmonised notice- and-action mechanism, that can empower users to notify online intermediaries of the existence of potentially illegal online content or behaviour; is of the opinion that such measures would guarantee a high level of users' and consumers' protection while promoting consumer trust in the online economy;

Amendment 36 #

Adam BIELAN, Beata MAZUREK, Andżelika Anna MOŻDŻANOWSKA

Motion for a resolution
Recital C a (new)

Ca. whereas recent efforts to introduce national regulations within the scope of the announced Digital Services Act could undermine the achievements made regarding the Digital Single Market and introduce barriers to the detriment of cross-border commerce;

Amendment 360 #

Maria GRAPINI, Clara AGUILERA, Marc ANGEL, Adriana MALDONADO LÓPEZ

Motion for a resolution
Paragraph 22

22. Calls on the Commission to address the increasing differences and fragmentations of national rules in the Member States and to propose concrete, and harmonized legislative measures including a notice- and-action mechanism, that can empower users to notify online intermediaries of the existence of potentially illegal online content or behaviour; is of the opinion that such measures would guarantee a high level of users' and consumers' protection while promoting consumer trust in the online economy;

Amendment 361 #

Róża THUN UND HOHENSTEIN, Andrey KOVATCHEV, Maria da Graça CARVALHO, Tomislav SOKOL, Krzysztof HETMAN

Motion for a resolution
Paragraph 22

22. Calls on the Commission to address the increasing differences and fragmentations of national rules in the Member States and to propose concrete legislative measures including a notice- and-action mechanism, that can empower users to notify online intermediaries of the existence of potentially illegal or harmful online content or behaviour; is of the opinion that such measures would guarantee a high level of users' and consumers' protection while promoting consumer trust in the online economy;

Amendment 362 #

Motion for a resolution
Paragraph 22

22. Calls on the Commission to address the increasing differences and fragmentations of national rules in the Member States and to propose concrete legislative measures including a harmonised notice- and-action mechanism, that can empower users to notify online intermediaries of the existence of potentially illegal online content or behaviour; is of the opinion that such measures would guarantee a high level of users' and consumers' protection while promoting consumer trust in the online economy;

Amendment 363 #

Andreas SCHIEDER, Sylvie GUILLAUME, Adriana MALDONADO LÓPEZ, Clara AGUILERA, Maria GRAPINI, Brando BENIFEI

Motion for a resolution
Paragraph 22

Amendment 364 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Svenja HAHN

Motion for a resolution
Paragraph 22 a (new)

22a. Stresses that such a ‘notice-and- action’ mechanism must be human- centric and give the benefit of the doubt to users; underlines that safeguards against the abuse of the system should be introduced, including against repeated false flagging, unfair commercial practices and other schemes; underlines that for many small traders, the removal of even a single product can result in the collapse of a business;

Amendment 365 #

Motion for a resolution
Paragraph 22 a (new)

22a. Notes that Member States under the E-Commerce Directive must safeguard the protection of public interest, the protection of services of general interest, the protection of affordable housing, the prevention of competitive distortion and the safeguarding of the necessary performance of public administration;

Amendment 366 #

Motion for a resolution
Paragraph 22 a (new)

22a. Requests specifically that platforms hosting and moderating content bear a responsibility proportional to their market position for the dissemination of illegal and harmful content;

Amendment 367 #

Motion for a resolution
Paragraph 22 a (new)

22a. Stresses that a harmonized notice and action framework should comprise "staydown" obligations, which consist in taking all appropriate to prevent the reappearance of illegal content once it has been taken down;

Amendment 368 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Svenja HAHN

Motion for a resolution
Paragraph 22 b (new)

22b. Notes the challenges around the enforcement of legal injunctions issued within Member States other than the country of origin of a service provider; stresses the need to investigate this issue outside the scope of the Digital Service Act and any ‘notice-and-action’ mechanism;

Amendment 369 #

Martin SCHIRDEWAN, Emmanuel MAUREL, Stelios KOULOGLOU

Motion for a resolution
Paragraph 23

23. Stresses that maintaining safeguards from the legal liability regime for hosting intermediaries with regard to user-uploaded content and the general monitoring prohibition set out in Article 15 of the E-Commerce Directive are still relevant and need to be preserved; reminds that in line with Directive (EU) 2018/1808 (AVMS Directive) ex-ante control measures do not comply with article 15 of the Directive 2000/31/EC; underlines therefore that the future Digital Services Act should prohibit imposing on hosting service providers or other intermediary services mandatory automated technologies to control content;

Amendment 37 #

Motion for a resolution
Recital C a (new)

Ca. whereas a small number of companies developed a market dominance by acquiring an unprecedented level of knowledge about people’s lives;

Amendment 370 #

Motion for a resolution
Paragraph 23

23. Stresses that maintaining safeguards from the legal liability regime for hosting intermediaries with regard to user-uploaded content and the general monitoring prohibition set out in Article 15 of the E-Commerce Directive are still relevant and need to be preserved; calls on hosting intermediaries to make their content moderation and illicit content removal tools available to market watchdogs and the Commission to facilitate the development of common standards and the creation of new analysis and review tools;

Amendment 371 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Svenja HAHN

Motion for a resolution
Paragraph 23

23. Stresses that maintaining safeguards from the legal liability regime for hosting intermediaries with regard to user-uploaded content and the general monitoring prohibition set out in Article 15 of the E-Commerce Directive are still relevant and need to be preserved; in this context, underlines that the legal liability regime and ban on general monitoring should not be weakened via a possible new legislation or the amendment of other sections of the E-commerce Directive, including the amendment of the definitions laid down in the Directive;

Amendment 372 #

Pablo ARIAS ECHEVERRÍA, Róża THUN UND HOHENSTEIN, Tomislav SOKOL, Andrey KOVATCHEV, Edina TÓTH, Romana TOMC

Motion for a resolution
Paragraph 23

23. Stresses that maintaining safeguards from the legal liability regime for hosting intermediaries with regard to user-uploaded content and the general monitoring prohibition set out in Article 15 of the E-Commerce Directive are still relevant and need to be preserved; reminds that the “primary” liability for illegal content should stay with a person uploading this content and should be different in volume and severity from “secondary” liability of service provider, i.e. responsibility for timely removal of illegal content;

Amendment 373 #

Motion for a resolution
Paragraph 23

23. Stresses that maintaining safeguards from the legal liability regime for hosting intermediaries with regard to user-uploaded content and the general monitoring prohibition set out in Article 15 of the E-Commerce Directive are still relevant and need to be preserved; stresses however, that the liability regime necessitates further clarification regarding active and passive hosting in the situation when intermediaries have control over data by selecting, using and modifying it in order to optimise or promote it;

Amendment 374 #

Motion for a resolution
Paragraph 23

23. Stresses that maintaining safeguards from the legal liability regime for hosting intermediaries with regard to user-uploaded content and the general monitoring prohibition set out in Article 15 of the E-Commerce Directive are ~~still relevant and need to be preserved~~pivotal for ensuring the availability of content online and for protecting the fundamental rights of users and need to be preserved; reminds that in line with Directive (EU) 2018/1808 (AVMS Directive) ex-ante control measures do not comply with article 15 of the Directive 2000/31/EC;

Amendment 375 #

Andreas SCHIEDER, Adriana MALDONADO LÓPEZ, Clara AGUILERA, Maria GRAPINI

Motion for a resolution
Paragraph 23

23. Stresses that maintaining safeguards from the legal liability regime for hosting intermediaries with regard to user-uploaded content and the general monitoring prohibition set out in Article 15 of the E-Commerce Directive are still relevant and need to be preserved yet adapted to the current digital environment, meaning the rapid transformation and expansion of e- commerce in all its forms, with its multitude of different emerging services, providers and challenges;

Amendment 376 #

Motion for a resolution
Paragraph 23

Amendment 377 #

Motion for a resolution
Paragraph 23

23. Stresses that ~~maintaining safeguards from~~ the legal liability regime for passive hosting online intermediaries with regard to user- uploaded content set out in Articles 12, 13 and 14 of the E-Commerce Directive and the general monitoring prohibition set out in Article 15 of the E-Commerce Directive are still relevant and need to be preserved;

Amendment 378 #

Motion for a resolution
Paragraph 23

23. Stresses that ~~maintaining safeguards from~~ the legal liability regime for ~~host~~passive onlinge intermediaries ~~with regard to user-uploaded content~~under Articles 12, 13 1nd 14 of the E- Commerce Directive and the general monitoring prohibition set out in Article 15 ~~of the E-Commerce~~thereof Directive are still relevant and need to be preserved;

Amendment 379 #

Tomislav SOKOL, Pablo ARIAS ECHEVERRÍA, Edina TÓTH

Motion for a resolution
Paragraph 23

23. Stresses that maintaining safeguards from the legal liability regime for passive hosting intermediaries with regard to user-uploaded content and the general monitoring prohibition set out in Article 15 of the E-Commerce Directive are still relevant and need to be preserved;

Amendment 38 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Liesje SCHREINEMACHER, Svenja HAHN

Motion for a resolution
Recital C b (new)

Cb. whereas the E-Commerce Directive provides the foundations for the Digital Single Market by setting out the country of origin principle, forbidding any form of prior authorisation, establishing a limited liability regime and a ban on a general monitoring obligation, and great care must be taken to not alter these principles if the Commission decides to propose to amend, widen, or limit this Directive;

Amendment 380 #

Motion for a resolution
Paragraph 23 a (new)

23a. Bearing in mind the importance of intellectual property for the European economy as a whole, as well as for the normal functioning of the Single Market – especially with regard to freedom to provide services, and furthermore assuming that intellectual property is often infringed on Internet platforms, considers that the future regulatory framework should ensure effective enforcement of IPR provisions, especially with regard to the removal of illegal content from the digital platforms;

Amendment 381 #

Motion for a resolution
Paragraph 23 a (new)

23a. Stresses that it needs to be clarified that the exemption of liability only applies to passive intermediaries; points out in this regard, that the Digital Services Act should clarify that interventions by hosting providers having editorial functions and a certain "degree of control over the data," through tagging, organizing, promoting, optimising, presenting or otherwise curating specific content for profit-making purposes should lead to a loss of safe harbour provisions due to their active nature;

Amendment 382 #

Motion for a resolution
Paragraph 23 a (new)

23a. Stresses that it needs to be clarified that the limited liability only applies to passive intermediaries. In this regard, the Digital Services Act should clarify that interventions by hosting providers having editorial functions and a certain “degree of control over the data,” through tagging, organising, promoting, optimising, presenting or otherwise curating specific content for profit making purposes should lead to a loss of safe harbour provisions due to their active nature;

Amendment 383 #

Alex AGIUS SALIBA, Adriana MALDONADO LÓPEZ, Maria-Manuel LEITÃO-MARQUES, Clara AGUILERA, Brando BENIFEI, Maria GRAPINI, Andreas SCHIEDER, Marc ANGEL, Evelyne GEBHARDT

Motion for a resolution
Paragraph 23 a (new)

23a. Asks the Commission to consider the introduction of the good Samaritan clause whereby service providers that use voluntary measures to detect and remove illegal content online should not lose their liability protection; reminds that voluntary content moderation measures does not necessarily means full knowledge about illegal content uploaded by users and cannot in any case mean introduction of general monitoring principle in any form;

Amendment 384 #

Motion for a resolution
Paragraph 23 a (new)

23a. Emphasises its scepticism about the introduction of “good Samaritan” provisions to exempt providers from liability when acting in “good faith” as this would encourage platforms to decide on what should be allowed or not and would risk reinforcing impunity, creating obstacles for enforcement; considers that the import of US law provisions are not fit-for-purpose in Union law;

Amendment 385 #

Andreas SCHIEDER, Adriana MALDONADO LÓPEZ, Clara AGUILERA

Motion for a resolution
Paragraph 23 a (new)

23a. Asks the Commission to improve consumer rights in the future regulation, by introducing safeguards to prevent violations, which are missing from Directive 2000/31/EC; notes that this should include as a minimum internal and external dispute mechanism, and the clearly stated possibility of judicial redress;

Amendment 386 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Svenja HAHN

Motion for a resolution
Paragraph 23 a (new)

23a. Asks the Commission to review the Annex to the E-Commerce Directive and, where relevant, remove or further limit the derogations granted there; notes that a significant and ever increasing part of the Digital Single Market is made up of services included there within;

Amendment 387 #

Motion for a resolution
Paragraph 23 a (new)

23a. Notes that Member States should ensure, that upon request, the service provider supplies to the competent authorities of the country of destination all the data required for public administration to fulfil its tasks needed to enforce law;

Amendment 388 #

Motion for a resolution
Paragraph 23 a (new)

23a. Calls on the Commission to clarify the definition of active and passive hosting intermediaries taking into account the existing jurisprudence of the Court of Justice; stresses that exemption from liability by default should be limited to passive hosts;

Amendment 389 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Liesje SCHREINEMACHER, Sandro GOZI, Stéphanie YON-COURTIN

Motion for a resolution
Paragraph 23 a (new)

23a. Systemic platforms should face legal obligations in respect to illegal content, including accountability for content moderation, as well as proactive measures to address such content on their services;

Amendment 39 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Liesje SCHREINEMACHER, Sandro GOZI, Stéphanie YON-COURTIN, Svenja HAHN

Motion for a resolution
Recital D

D. whereas the social and economic challenges brought by the COVID-19 pandemic are showing the resilience of the e-commerce sector and its potential as a driver for relaunching the European economy; whereas~~, at the same time, the pandemic has also exposed serious shortcomings of the current regu~~ the Commission contacted a number of platforms, social media, search engines and market places rapidly to require their cooperation in taking down scams from their platforms; whereas platfor~~y framework which call for action at Union level to address the difficulties identified and to prevent them from happening in the future~~ms replied positively to this call for cooperation and since then a rapid and efficient information exchange is in place; whereas, at the same time, the pandemic has also shown that platforms and online intermediation services need to step up their efforts to rapidly detect and take down fake claims and tackling the misleading practices of rogue traders in a consistent and coordinated manner, in particular of those selling false medical equipment online; whereas this calls for action at Union level to have a more coherent and coordinated approach to combat these misleading practices;

Amendment 390 #

Motion for a resolution
Paragraph 23 b (new)

23b. Notes that online intermediaries might encrypt or otherwise prevent outside access to their content by third parties, including hosting intermediaries, who do not have the encryption key; believes therefore that any requirements should take this and similar practical problems into account;

Amendment 391 #

Pablo ARIAS ECHEVERRÍA, Tomislav SOKOL, Andrey KOVATCHEV, Maria da Graça CARVALHO, Pascal ARIMONT, Marion WALSMANN, Romana TOMC, Andreas SCHWAB

Motion for a resolution
Subheading 6

Online ~~marketplace~~platforms

Amendment 392 #

Motion for a resolution
Paragraph 24

24. Notes that while online platforms, such as online market places, have benefited both retailers and consumers by improving choice and lowering prices, at the same time, they have allowed sellers, in particular from third countries, to offer products which often do not comply with Union rules on product safety and do not sufficiently guarantee consumer rights; stresses, in this context, the need for a possibility to always identify manufacturers and sellers of products from third countries; underlines that if one of the services provided by a platform can be considered a marketplace ("hybrid platforms"), the rules should fully apply to that part of the business; and asks the online marketplaces to enhance their cooperation by exchanging information on the seller of these products with the market surveillance and the custom authorities;

Amendment 393 #

Andreas SCHIEDER, Sylvie GUILLAUME, Adriana MALDONADO LÓPEZ, Clara AGUILERA

Motion for a resolution
Paragraph 24

Amendment 394 #

Motion for a resolution
Paragraph 24

Amendment 395 #

Brando BENIFEI, Maria GRAPINI, Andreas SCHIEDER, Sylvie GUILLAUME, Adriana MALDONADO LÓPEZ, Maria-Manuel LEITÃO-MARQUES, Clara AGUILERA

Motion for a resolution
Paragraph 24

24. Notes that while online platforms, such as online market places, price comparison tools, or online advertising platforms, have benefited both retailers and consumers by improving choice and lowering prices, at the same time, they have allowed sellers, in particular from third countries, to offer products which often do not comply with Union rules on product safety and do not sufficiently guarantee consumer rights;

Amendment 396 #

Motion for a resolution
Paragraph 24

Amendment 397 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Sandro GOZI, Stéphanie YON-COURTIN, Svenja HAHN

Motion for a resolution
Paragraph 24

24. Notes that while online platforms, such as online market places, have benefited both retailers and consumers by improving choice and lowering prices, at the same time, ~~they have allowed sellers, in particular from third countries, to offer products which often do not comply with Union rules on product safety and do not sufficiently guarantee consumer rights~~an increasing number of non-compliant sellers - especially from third countries – are offering unsafe or illegal products in the European market;

Amendment 398 #

Róża THUN UND HOHENSTEIN, Andrey KOVATCHEV, Tomislav SOKOL

Motion for a resolution
Paragraph 24

24. Notes that while online platforms, such as online market places, have benefited both retailers and c~~onsu~~ustomers by improving choice and lowering prices, at the same time, they have allowed sellers, in particular from third countries, to offer products which often do not comply with Union rules on product safety and do not sufficiently guarantee consumer rights;

Amendment 399 #

Adam BIELAN, Beata MAZUREK, Eugen JURZYCA, Andżelika Anna MOŻDŻANOWSKA

Motion for a resolution
Paragraph 24

Amendment 4 #

Motion for a resolution
Citation 2 a (new)

- having regard to the European Parliament resolution of 12 December 2018 on the single market package (2018/2903(RSP),

Amendment 40 #

Adam BIELAN, Beata MAZUREK, Eugen JURZYCA, Andżelika Anna MOŻDŻANOWSKA

Motion for a resolution
Recital D

Amendment 400 #

Martin SCHIRDEWAN, Emmanuel MAUREL, Stelios KOULOGLOU

Motion for a resolution
Paragraph 24 a (new)

24a. If one of the services provided by an online platform turns out to be an online marketplace as defined by the Omnibus Directive, the rules for online markets must be applied to that part of the business;

Amendment 401 #

Motion for a resolution
Paragraph 25

25. Stresses that it is unacceptable that Union consumers are exposed to illegal and unsafe products, containing dangerous chemicals, as well as other safety hazards; stresses that in view of commercial activities on online market places, self regulation provided to be insufficient and therefore, asks the Commission to introduce strong safeguards and obligations for product safety and consumer protection for commercial activities on online market places, accompanied by a tailored liability regime with proper enforcement mechanisms;

Amendment 402 #

Motion for a resolution
Paragraph 25

25. Stresses that it is unacceptable that Union consumers are exposed to illegal and unsafe products, containing dangerous chemicals, as well as other safety hazards; considers the timely application of the E- Commerce Directive to be essential with regard to platform accountability for failure to remove or prevent access for illegal or unsafe products or to take swift and effective measures to prevent their reappearance if they are aware of them;

Amendment 403 #

Alex AGIUS SALIBA, Adriana MALDONADO LÓPEZ, Maria-Manuel LEITÃO-MARQUES, Clara AGUILERA, Brando BENIFEI, Andreas SCHIEDER, Marc ANGEL, Sándor RÓNAI, Evelyne GEBHARDT, Biljana BORZAN, Sylvie GUILLAUME

Motion for a resolution
Paragraph 25

25. Stresses that it is unacceptable that Union consumers are exposed to illegal and unsafe products, containing dangerous chemicals, as well as other safety hazards; calls on the Commission to introduce an obligation for online platforms to inform consumers once a product they have bought has been removed from the platform following notification on its non- compliance with the EU product safety and consumer protection rules;

Amendment 404 #

Motion for a resolution
Paragraph 25

25. SCalls on the Commission to address issues related to online marketplaces in the Digital Services Act and asks for a thorough analysis of the interaction between the Digital Services Act and the Union product safety and chemicals legislation; stresses that it is unacceptable that Union consumers are exposed to illegal and unsafe products, containing dangerous chemicals, as well as other safety hazards;

Amendment 405 #

Marion WALSMANN, Pablo ARIAS ECHEVERRÍA, Andrey KOVATCHEV, Pascal ARIMONT, Christian DOLESCHAL

Motion for a resolution
Paragraph 25

25. Stresses that it is unacceptable that Union consumers are exposed to illegal and unsafe products, containing dangerous chemicals, as well as other safety hazards and, therefore. asks the Commission to increase the responsibility of online marketplaces selling non-food consumer products as outlined in the annex;

Amendment 406 #

Maria GRAPINI, Clara AGUILERA, Marc ANGEL, Adriana MALDONADO LÓPEZ

Motion for a resolution
Paragraph 25

25. Stresses that it is unacceptable that Union consumers are exposed to illegal and unsafe products, containing dangerous chemicals, as well as other safety hazards; insists on the necessity to establish measures in order to prevent the sale of non-compliant products or services on online platforms;

Amendment 407 #

Motion for a resolution
Paragraph 25

25. Stresses that it is unacceptable that ~~Union~~ consumers are exposed to illegal and unsafe products, containing dangerous chemicals, as well as other safety hazards; notes in this context the existence of the Rapid Alert System for dangerous non- food products;

Amendment 408 #

Motion for a resolution
Paragraph 25

25. Stresses that it is unacceptable that Union consumers are exposed to illegal and unsafe products, containing dangerous chemicals, as well as other safety hazards, that pose risks to human health;

Amendment 409 #

Motion for a resolution
Paragraph 25

25. Stresses that it is unacceptable that Union consumers are exposed to illegal and unsafe products~~, containing dangerous chemicals, as well as other safety hazards~~;

Amendment 41 #

Brando BENIFEI, Andreas SCHIEDER, Sylvie GUILLAUME, Adriana MALDONADO LÓPEZ, Maria-Manuel LEITÃO-MARQUES, Clara AGUILERA, Marc ANGEL

Motion for a resolution
Recital D

Amendment 410 #

Motion for a resolution
Paragraph 25

25. Stresses that it is unacceptable that Union consumers are exposed to illegal, counterfeit and unsafe products, containing dangerous chemicals, as well as other safety hazards;

Amendment 411 #

Róża THUN UND HOHENSTEIN, Andrey KOVATCHEV, Tomislav SOKOL

Motion for a resolution
Paragraph 25

25. Stresses that it is unacceptable that Union c~~onsu~~ustomers are exposed to illegal and unsafe products, containing dangerous chemicals, as well as other safety hazards;

Amendment 412 #

Motion for a resolution
Paragraph 25 a (new)

25a. Calls for the Digital Services Act to address issues related to online marketplaces; asks for the full implementation of Union product safety and chemicals legislation and calls for a review on the General Product Safety Directive and the Product Liability Directive; calls on Member States to devote sufficient capacities to improve the enforcement of EU product safety and chemicals legislation and for the Commission to provide adequate support in doing so;

Amendment 413 #

Motion for a resolution
Paragraph 25 a (new)

25a. Stresses that, if an unsafe or illegal product is withdrawn, the platform must inform consumers who have purchased it and cooperate with the authorities, as well as reporting all products on its platform that are considered illegal or unsafe;

Amendment 414 #

Motion for a resolution
Paragraph 25 a (new)

25a. Encourages the Commission to introduce a new obligation for online platforms to inform consumers who have bought illegal goods, once that product has been removed from their platform following a valid notification from a right holder or an enforcement authority;

Amendment 415 #

Marc ANGEL, Sylvie GUILLAUME, Brando BENIFEI, Adriana MALDONADO LÓPEZ, Maria GRAPINI, Clara AGUILERA

Motion for a resolution
Paragraph 26

26. Calls on the Commission to remedy the current legal loophole which allows suppliers established outside the Union to sell products online to European consumers which do not comply with Union rules on safety and consumer protection, without being sanctioned or liable for their actions and leaving consumers with no legal means to enforce their rights or being compensated by any damages;deleted

Amendment 416 #

Motion for a resolution
Paragraph 26

26. CStresses the importance of the rules of the Regulation (EU) 2019/1020 on market surveillance and compliance of products about liability and conformity of products imported from third countries; calls on the Commission to remedy the current further legal loophole which allows suppliers established outside the Union to sell products online to European consumers which do not comply with Union rules on safety and consumer protection, without being sanctioned or liable for their actions and leaving consumers with no legal means to enforce their rights or being compensated by any damages;

Amendment 417 #

Adriana MALDONADO LÓPEZ, Clara AGUILERA, Marc ANGEL

Motion for a resolution
Paragraph 26

26. Calls on the Commission to ~~remedy the current legal loophole which allows suppliers established outside the Union~~take measures to improve compliance with legislation by platforms established outside the Union and remedy the current legal loophole which allows these platforms to sell products online to European consumers which do not comply with Union rules on safety and consumer protection, without being sanctioned or liable for their actions and leaving consumers with no legal means to enforce their rights or being compensated by any damages;

Amendment 418 #

Motion for a resolution
Paragraph 26

26. Calls on the Commission to remedy the current legal loophole which allows suppliers established outside the Union to sell products online to European consumers which do not comply with Union rules on safety and consumer protection or other European legislation applicable, without being sanctioned or liable for their actions and leaving consumers with no legal means to enforce their rights or being compensated by any damages;

Amendment 419 #

Motion for a resolution
Paragraph 26 a (new)

26a. Calls on the Commission to step up requirements for service providers to inform consumers promptly in the event of safety issues with products sold on their platforms and to consider, in consultation with service providers and market watchdogs, the introduction of efficient and reliable product certification procedures to prevent non-compliant products from being sold on the platform;

Amendment 42 #

Motion for a resolution
Recital D

Amendment 420 #

Motion for a resolution
Paragraph 26 a (new)

26a. Stresses that consumers should be equally safe whether shopping online or in brick-and mortar shops; stresses that the Digital Services Act must set up clear obligations for online platforms and create an adapted regime for online marketplaces similar to brick-and mortar shops; calls on Member States to undertake more joined market surveillance actions and to step up collaboration with customs authorities to check the safety of products sold online before they reach consumers;

Amendment 421 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Svenja HAHN

Motion for a resolution
Paragraph 26 a (new)

26a. Asks the Commission to act at global level for minimum requirements for business information disclosure when trading online with consumers, the promotion of good practice via the development of new guidelines and the use of existing standards and the creation of a network of consumer centres to help European consumers to handle disputes with traders based in non-EU countries;

Amendment 422 #

Motion for a resolution
Paragraph 26 a (new)

26a. Stresses that, to meet product accountability and transparency requirements, online marketplaces must at least collect and verify sellers' contact information before allowing the creation of a new account;

Amendment 423 #

Motion for a resolution
Paragraph 26 a (new)

26a. Asks the Commission to provide exact data and analyses on unsafe and dangerous products originated from both the Union and third countries;

Amendment 424 #

Motion for a resolution
Paragraph 26 a (new)

26a. Draws attention to the fact that the size of online platforms varies from multinationals to micro-enterprises; stresses the importance of fair and effective competition between online platforms in order to promote consumer choice and avoid the creation of monopolies or dominant positions that distort the markets through abuse of market power;

Amendment 425 #

Motion for a resolution
Paragraph 26 b (new)

26b. Notes that the amount of free returns of goods sold online has been increasing over the years, leading to costs that create barriers for SMEs and start- ups, as well as considerable costs to the environment and society as a whole, which are currently not being reflected in any way to the consumer; considers that the environmental impact of delivery methods and packaging from recycled materials should also be taken into consideration by consumers when making purchases;

Amendment 426 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Svenja HAHN

Motion for a resolution
Paragraph 26 b (new)

26b. Notes the continued issues of the abuse or wrong application of selective distribution agreements to limit the availability of products and services across borders within the Single Market and between platforms; asks the Commission to act on this issue within any wider review of Vertical Bloc Exemptions and other policies under Article 101 TFEU while refraining from its inclusion in the Digital Services Act;

Amendment 427 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER

Motion for a resolution
Paragraph 26 c (new)

26c. Acknowledging the importance of the right of withdrawal for online or off- premises purchases, calls upon the Commission to enable consumers to make better informed choices by enlarging the information available to them on the cost of the return of goods for the company, environment and society as a whole;

Amendment 428 #

Motion for a resolution
Paragraph 26 c (new)

26c. Treatment of contracts [NEW SECTION TITLE]

Amendment 429 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER

Motion for a resolution
Paragraph 26 d (new)

26 d. Asks the Commission to review all notifications under Article 9, paragraph 3 of the E-Commerce Directive and, where the Commission believes they are no longer merited, to require Member States to remove such requirements; asks, moreover, that this review take part every two years instead of five;

Amendment 43 #

Maria GRAPINI, Clara AGUILERA, Adriana MALDONADO LÓPEZ

Motion for a resolution
Recital D

D. whereas the social challenges and economic ~~challeng~~losses brought by the COVID-19 pandemic are showing the resilience of the e-commerce sector and its potential as a driver for relaunching the European economy; whereas, at the same time, the pandemic has also exposed serious shortcomings of the current regulatory framework which call for action at Union level to address the difficulties identified and to prevent them from happening in the future;

Amendment 430 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Sandro GOZI, Stéphanie YON-COURTIN

Motion for a resolution
Paragraph 26 e (new)

26 e. Notes the rise of “smart contracts” based on distributed ledger technologies; asks the Commission to analyse if certain aspects of “smart contracts” should be clarified and if guidance should be given in order to ensure legal certainty for businesses and consumers; asks especially for the Commission to work to ensure that such contracts with consumers are valid and binding throughout the Union, that they meet the standards of consumer law, for example the right of withdrawal under Directive 2011/83/EU, and that they are not subject to national barriers to application, such as notarisation requirements;

Amendment 431 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Sandro GOZI, Stéphanie YON-COURTIN

Motion for a resolution
Paragraph 26 f (new)

26 f. Asks the Commission, while recalling earlier efforts, to further review the practice of End User Licensing Agreements (EULAs) and Terms and Conditions Agreements (T&Cs) and to seek ways to allow greater and easier engagement for consumers, including in the choice of clauses; notes that EULAs and T&Cs are often accepted by users without reading them; notes, moreover, that when a EULA and T&Cs does allow for users to opt-out of clauses, service providers may require users to do so at each use, often in bad faith, to encourage acceptance;

Amendment 432 #

Martin SCHIRDEWAN, Emmanuel MAUREL, Stelios KOULOGLOU

Motion for a resolution
Subheading 7

Ex- ante regulation of ~~systemic~~dominant platforms

Amendment 433 #

Motion for a resolution
Subheading 7

Ex ante regulation of ~~systemic~~dominant platforms

Amendment 434 #

Martin SCHIRDEWAN, Emmanuel MAUREL, Stelios KOULOGLOU

Motion for a resolution
Paragraph 27

27. Notes that~~, today, some markets are characterised by large platforms with significant network effects which are able to act as de facto “online gatekeepers” of the digital economy~~ large platforms acquired a huge amount of data and replaced services of a diverse and decentralised system with open standards by “walled gardens” with locked- in users; stresses that as a consequence some markets are characterised by large platforms with significant network effects which are able to act as de facto “online gatekeepers” of the digital economy; considers it therefore necessary to introduce additional obligations regarding data protection, transparency, user choice and interoperability in order to guarantee a level playing field and consumer welfare;

Amendment 435 #

Beata MAZUREK, Eugen JURZYCA, Andżelika Anna MOŻDŻANOWSKA

Motion for a resolution
Paragraph 27

27. Notes that, today, some markets are characterised by large platforms with significant network effects which are able to act as de facto “online gatekeepers” of the digital economy; stresses the need to continue the regulatory debate on mechanisms to preserve the level playing field and integrity of the internal market in order to tackle the distortion of competition and the limitation of consumer choice that could be caused by the potential abuse of dominant position of a small number of online platforms;

Amendment 436 #

Motion for a resolution
Paragraph 27

27. Notes that, today, some markets are characterised by large platforms with significant network effects which are able to act as de facto “online gatekeepers” of the digital economy; reminds that regulation may also act as a gatekeeper, as large companies can benefit from their scale and regulatory reach which enables them to adapt to new regulations which smaller companies find too complex or costly to comply with;

Amendment 437 #

Pilar del CASTILLO VERA, Maria da Graça CARVALHO, Pablo ARIAS ECHEVERRÍA

Motion for a resolution
Paragraph 27

27. Notes that, today, some markets are characterised by large platforms with significant network effects which are able to act as de facto “online gatekeepers” of the digital economy; calls on the Commission to draw up a definition of a 'systemic platform' on the basis of clear and measurable economic indicators in order to determine, for example, whether stricter accountability is justified;

Amendment 438 #

Motion for a resolution
Paragraph 27

27. Notes that, today, some markets are characterised by large platforms with significant network effects which are able to act as de facto “online gatekeepers” of the digital economy and create new bottlenecks through inflexible terms of access, limited access to operating systems´ functionalities or access to user transactions’ data;

Amendment 439 #

Motion for a resolution
Paragraph 27

27. Notes that, today, some markets are characterised by large platforms with significant network effects which are able to act as de facto “online gatekeepers” of the digital economy; notes, however, that concentration in the digital economy as measured by the Herfindahl-Hirschman Index (HHI) is actually stagnating or decreasing;

Amendment 44 #

Marion WALSMANN, Pablo ARIAS ECHEVERRÍA, Andrey KOVATCHEV, Pascal ARIMONT, Christian DOLESCHAL, Maria da Graça CARVALHO

Motion for a resolution
Recital D a (new)

Da. whereas the evolving development and use of internet platforms for a wide set of activities, including commercial activities and sharing goods and services, have changed the ways in which users and companies interact with content providers, traders and other individuals offering goods and services, and makes difficult to elaborate a single definition of online platforms; whereas the digital single market cannot succeed without users’ trust in online platforms that respect all applicable legislation and the legitimate interests of users; whereas any future regulatory framework should also address intrusive business models, behavioural manipulation and discriminatory practices, which have major effects to the detriment of the functioning of the Internal Market and users’ fundamental rights;

Amendment 440 #

Motion for a resolution
Paragraph 27

Amendment 441 #

Motion for a resolution
Paragraph 27

27. Notes that, today, some markets are characterised by large platforms with significant bargaining power and network effects which are able to act as de facto “online gatekeepers” of the digital economy;

Amendment 442 #

Motion for a resolution
Paragraph 27

27. Notes that, today, some markets are characterised by ~~large~~dominant platforms with ~~significant~~ network effects which are able to act as de facto “online gatekeepers” of the digital economy;

Amendment 443 #

Motion for a resolution
Paragraph 27 a (new)

27a. Notes in particular, that the use of data from one market to expand into another can be problematic as well as the possibility or obligation to use one e- identification designed by one service provider for several platforms;

Amendment 444 #

Beata MAZUREK, Eugen JURZYCA, Andżelika Anna MOŻDŻANOWSKA

Motion for a resolution
Paragraph 27 a (new)

27a. Stresses that in order to promote competition and maximize consumer welfare, ex ante regulations of large platforms with significant network effects should take into account their already decreasing market share;

Amendment 445 #

Motion for a resolution
Paragraph 28

28. Considers that by reducing barriers to market entry and by regulating large platforms, an internal market instrument imposing ex-ante regulatory remedies on these large platforms has the potential to open up markets to new entrants, including SMEs and start-ups, thereby promoting consumer choice and driving innovation beyond what can be achieved by competition law enforcement alone; believes that any regulatory intervention in this area should be supported by evidence demonstrating proven market failures and that the activities of such large platforms have resulted in significant consumer harm;

Amendment 446 #

Motion for a resolution
Paragraph 28

28. Considers that by reducing barriers to market entry and by regulating large platforms, an internal market instrument imposing ex-ante regulatory remedies on these large platforms, especially regarding data-sharing issues, interoperability, open protocols and standards, digital identity and dominant internal market positions, has the potential to open up markets to new entrants, including SMEs and start-ups, thereby promoting consumer choice and driving innovation beyond what can be achieved by competition law enforcement alone;

Amendment 447 #

Motion for a resolution
Paragraph 28

28. Considers that by reducing barriers to market entry and by regulating large platforms, an internal market instrument imposing ex-ante regulatory remedies on these large platforms, by ensuring a fair and non-discriminatory access to large platforms, including a prohibition of preferential treatment of their own services, has the potential to open up markets to new entrants, including SMEs and start-ups, thereby promoting consumer choice and driving innovation beyond what can be achieved by competition law enforcement alone;.

Amendment 448 #

Alex AGIUS SALIBA, Adriana MALDONADO LÓPEZ, Maria-Manuel LEITÃO-MARQUES, Clara AGUILERA, Brando BENIFEI, Maria GRAPINI, Andreas SCHIEDER, Evelyne GEBHARDT, Biljana BORZAN, Sylvie GUILLAUME

Motion for a resolution
Paragraph 28

28. Considers that by reducing barriers to market entry and by regulating large platforms, an internal market instrument imposing ex-ante regulatory remedies on these large platforms has the potential to open up markets to new entrants, including SMEs and start-ups, thereby promoting consumer choice and driving innovation beyond what can be achieved by competition law enforcement alone; and considers that such regulation should build upon the Platform to Business Regulation.1a __________________ 1aRegulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (OJ L 186, 11.7.2019, p. 57).

Amendment 449 #

Marc ANGEL

Motion for a resolution
Paragraph 28

28. Considers that by reducing barriers to market entry and by ~~regulating large platforms, an internal market instrument imposing ex-ante regulatory remed~~providing a framework to deal with large platforms that play a “gatekeeper role” in a given market, ex-ante regulatory remedies to be imposed, on a case-by-case basis by competition authorities on these large platforms hasve the potential to open up markets to new entrants, including SMEs and start-ups, thereby promoting consumer choice and driving innovation beyond what can be achieved by competition law enforcement alone;

Amendment 45 #

Motion for a resolution
Recital D a (new)

Da. whereas services provided by online platforms at no monetary cost to consumers are nevertheless ultimately funded through online advertising designed to maximise the amount of user attention dedicated to the platform and to keep users as much time as possible on the platform itself; whereas there is a need to depart from the current purely “advertisement-centric” model to an approach where the focus is on the interest of citizens in accessing and sharing of high quality contents, the interest of consumers to broaden their choices and opportunities, and the interest of advertisers in broadening their audience and customer base;

Amendment 450 #

Motion for a resolution
Paragraph 28

28. Considers that by reducing barriers to market entry and by regulating large platforms, an internal market instrument imposing ex-ante regulatory remedies for unfair market practices on these large platforms has the potential to open up markets to new entrants, including SMEs and start-ups, thereby promoting consumer choice and driving innovation beyond what can be achieved by competition law enforcement alone;

Amendment 451 #

Pilar del CASTILLO VERA, Maria da Graça CARVALHO, Pablo ARIAS ECHEVERRÍA

Motion for a resolution
Paragraph 28

28. Considers that by reducing barriers to market entry ~~and by regulating large platforms, an internal market instrument imposing ex-ante regulatory remedies on these large platforms~~, including regulatory barriers, has the potential to open up markets to new entrants, including SMEs and start-ups, thereby promoting consumer choice and driving innovation beyond what can be achieved by competition law enforcement alone; stresses that ex-ante measures should be in line with the antitrust rules within the competition framework of the Union;

Amendment 452 #

Motion for a resolution
Paragraph 28

28. Considers that by reducing barriers to market entry and by regulating large platforms, an internal market instrument imposing ex-ante regulatory remedies on ~~these large platforms~~platforms with significant market power has the potential to open up markets to new entrants, including SMEs and start-ups, thereby promoting consumer choice and driving innovation beyond what can be achieved by competition law enforcement alone;

Amendment 453 #

Pablo ARIAS ECHEVERRÍA, Pilar del CASTILLO VERA, Tomislav SOKOL, Andrey KOVATCHEV, Edina TÓTH, Maria da Graça CARVALHO, Romana TOMC, Andreas SCHWAB

Motion for a resolution
Paragraph 28

28. Considers that by reducing barriers to market entry and by regulating ~~large~~dominant platforms, an internal market instrument imposing ex-ante regulatory remedies on ~~these large~~dominant platforms has the potential to open up markets to new entrants, including SMEs and start-ups, thereby promoting consumer choice and driving innovation ~~beyond what can be achieved by competition law enforcement alone~~more efficiently and appropriately;

Amendment 454 #

Motion for a resolution
Paragraph 28

Amendment 455 #

Motion for a resolution
Paragraph 28

Amendment 456 #

Martin SCHIRDEWAN, Emmanuel MAUREL, Stelios KOULOGLOU

Motion for a resolution
Paragraph 28

28. Considers that by reducing barriers to market entry and by regulating ~~large~~systemic platforms, an internal market instrument imposing ex-ante regulatory remedies on these ~~large~~systemic platforms has the potential to open up markets to new entrants, including SMEs and start-ups, thereby promoting consumer choice and driving innovation beyond what can be achieved by competition law enforcement alone;

Amendment 457 #

Motion for a resolution
Paragraph 28 a (new)

(1) Considers that increased transparency from platforms on data sharing is crucial in view of guaranteeing the functioning of an ex-ante rule regulation; notes that self-reporting without the ability to audit is not sufficient and therefore, stresses that authorities should have powers to compel data from dominant platforms and need to be equipped with staff and resources to properly interpret that data;

Amendment 458 #

Maria da Graça CARVALHO

Motion for a resolution
Paragraph 28 a (new)

28a. Considers that access to these platforms by other business actors shall be ensured in a fair way, avoiding discrimination and self-preferencing practices and the violation of normative regulatory principles; considers that the Commission in coordination with national regulatory authorities should establish mechanisms to conduct regular fully fledged market investigations on gatekeeper platforms to assess their compliance with Union competition laws and impose remedies when needed;

Amendment 459 #

Pablo ARIAS ECHEVERRÍA, Pilar del CASTILLO VERA, Róża THUN UND HOHENSTEIN, Tomislav SOKOL, Maria da Graça CARVALHO, Pascal ARIMONT, Romana TOMC, Andreas SCHWAB

Motion for a resolution
Paragraph 28 a (new)

28a. Calls on the Commission to propose asymmetrical ex-ante rules on large platforms with significant network effects, acting as gatekeepers, which would ensure a level-playing field for all digital operators, fair and non- discriminatory access, including a prohibition of preferential treatment of their own services;

Amendment 46 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Liesje SCHREINEMACHER, Sandro GOZI, Stéphanie YON-COURTIN, Svenja HAHN

Motion for a resolution
Recital D a (new)

Da. whereas scandals recently emerged regarding data harvesting and selling, Cambridge Analytica, fake news, political advertising and manipulation and a host of other online harms (from hate speech to the broadcast of terrorism);

Amendment 460 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Svenja HAHN

Motion for a resolution
Paragraph 28 a (new)

28a. Underlines that additional ex-ante regulation on small and medium-sized enterprises should be avoided wherever possible and that additional requirements on systemic platforms should not lead to additional requirements for those businesses that use them;

Amendment 461 #

Motion for a resolution
Paragraph 28 a (new)

28a. Believes that the ex-ante regulatory instrument should ensure fair trading conditions on all platforms, including possible additional requirements – for example, a list of obligations /prohibitions – for those that play a gatekeeper role;

Amendment 462 #

Motion for a resolution
Paragraph 28 a (new)

28a. Calls on the Commission to introduce an obligation for systemic platforms to unbundle hosting and content moderation activities thereby allowing third parties to offer content moderation or curation services to the platforms’ users;

Amendment 463 #

Motion for a resolution
Paragraph 28 b (new)

28b. Underlines that interoperability between competing or complementary products and services is key in a free and competitive market to enable choice for users and innovative services, and allow them to easily communicate with users of other providers’ services, thereby incentivising systemic platforms to improve their service quality;

Amendment 464 #

Motion for a resolution
Paragraph 28 c (new)

28c. Calls on the Commission to introduce an obligation for systemic intermediaries with significant market power to make available and document tools to allow third-parties to interoperate with their main functionalities or to act on an user’s behalf, whereby intermediaries may not share, retain, monetize, or use any of the data they receive in the context of interoperability activities from third- parties, and intermediaries and third parties must protect users’ privacy and must respect the GDPR and other relevant Union legislation;

Amendment 465 #

Martin SCHIRDEWAN, Emmanuel MAUREL, Stelios KOULOGLOU

Motion for a resolution
Paragraph 28 d (new)

28 d. Recommends that providers which support a single sign-on service with a dominant market share should be required to also support at least one open and federated identity system based on a non-proprietary framework;

Amendment 466 #

Motion for a resolution
Paragraph 29

29. Believes that, in view of the cross- border nature of digital services, effective supervision and cooperation between Member States is key to ensuring the proper enforcement of the Digital Services Act; stresses therefore, that it is not only necessary that competent authorities of the country of destination receive all the data required for public administration to fulfil their tasks needed to enforce law, but considers necessary to enlarge the derogations from article 3 in the Annex by adding provisions related to tax and housing policies;

Amendment 467 #

Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Clara AGUILERA, Brando BENIFEI

Motion for a resolution
Paragraph 29

29. BWel~~iev~~comes th~~at, in view of the cross- border na~~e Commission intention to introduce as part of the future ~~of d~~Digital sServices~~, effective supervision and cooperation between Member States is key to ensur~~ Act, targeted ex ante regulation to tackle systemic issues specific to digital markets as well as a tool to prevent market tipping; stresses the intrinsic complementarity between internal market regulation and competition policy, as emphasised ing the ~~proper enforcement of~~report by the Commission's special advisers entitled Competition Policy for the Digital ~~Services Act~~Era';

Amendment 468 #

Motion for a resolution
Paragraph 29

29. Believes that, in view of the cross- border nature of digital services, effective supervision and cooperation between Member States is key to ensuring the proper enforcement of the Digital Services Act; believes that the development of interoperable systems for data sharing can be a valuable tool for strengthening the supervision and enforcement of the Digital Services Act, building mutually beneficial cooperation;

Amendment 469 #

Adam BIELAN, Beata MAZUREK, Eugen JURZYCA, Andżelika Anna MOŻDŻANOWSKA

Motion for a resolution
Paragraph 29

29. Believes that, in view of the cross- border nature of digital services, effective ~~supervision and~~ cooperation between Member States, including sharing the best practices, is key to ensur~~ing~~e the proper enforcement of the Digital Services Act;

Amendment 47 #

Motion for a resolution
Recital D a (new)

Da. whereas legal certainty and business-friendly legislation is essential to seed and grow innovative businesses in the Union, and to further close the gap to the global digital leaders;

Amendment 470 #

Pablo ARIAS ECHEVERRÍA, Pilar del CASTILLO VERA, Tomislav SOKOL, Andrey KOVATCHEV, Romana TOMC, Andreas SCHWAB

Motion for a resolution
Paragraph 29

29. Believes that, in view of the cross- border nature of digital services, effective ~~supervision and~~ cooperation between Member States is key to ensuring the proper enforcement of the Digital Services Act;

Amendment 471 #

Motion for a resolution
Paragraph 29 a (new)

(a) Believes that the root cause of the remaining unjustified obstacles in the digital single market stem from different regulatory choices at Union and at national level, imperfect or inadequate transposition, implementation and enforcement of Union legislation, insufficient administrative capacity and practices in Member States, as well as from protectionist measures carried out by Member States; calls on the Commission to address those causes in close cooperation with Member States;

Amendment 472 #

Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE

Motion for a resolution
Paragraph 29 a (new)

29a. Stresses that, taking into account national specificities in the field of online justice, and in order to improve coordination and reduce disparities between Member States, cooperation and exchange mechanisms should be set up between national regulatory authorities; stresses that, with regard to illegal and harmful content, the Member States must be fully involved, in so far as assessments of the legality of content vary according to the State;

Amendment 473 #

Motion for a resolution
Paragraph 30

Amendment 474 #

Marion WALSMANN, Christian DOLESCHAL, Maria da Graça CARVALHO

Motion for a resolution
Paragraph 30

Amendment 475 #

Motion for a resolution
Paragraph 30

Amendment 476 #

Dita CHARANZOVÁ, Ivars IJABS, Andrus ANSIP, Liesje SCHREINEMACHER, Sandro GOZI, Stéphanie YON-COURTIN

Motion for a resolution
Paragraph 30

Amendment 477 #

Kris PEETERS

Motion for a resolution
Paragraph 30

30. Considers that a central regulatory authority should be established which should be responsible for the oversight and compliance with the Digital Services Act and have supplementary powers to tackle cross-border issues; it should be entrusted with investigation and enforcement powers; believes it should investigate whether and how digital service providers amplify illegal content through their use of algorithms; considers that the transparency reports drawn up by digital service providers should be made available to this regulatory authority, which should be tasked with providing a structured analysis of illegal content removal and blocking at Union level;

Amendment 478 #

Motion for a resolution
Paragraph 30

30. Considers that a central regulatory authority should be established which should be responsible for the oversight and compliance with the Digital Services Act and have supplementary powers to tackle cross-border issues; it should be entrusted with investigation and enforcement powAsks the Member States to strengthen national regulatory authorities with the financial means and staff to allow for full oversight of online intermediaries established within their territories; believes that the Commission, through the Joint Research Centre, should be empowered to provide expert assistance to the Member States, upon request, towards the analysis of technological, administrative, or other matters in relation to the Digital Single Market legislative enforcement; encourages the Member States to pool and share best practices between national regulators, and to grant regulators legal authority to communicate between themselves in a secure manners;

Amendment 479 #

Pilar del CASTILLO VERA

Motion for a resolution
Paragraph 30

Amendment 48 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Sandro GOZI, Stéphanie YON-COURTIN, Svenja HAHN

Motion for a resolution
Recital D b (new)

Db. whereas Directive (EU) 2019/770, Directive (EU) 2019/771, and Directive (EU) 2019/2161 were all adopted less than a year ago and are still in the process of being implemented and transposed into national legislation;

Amendment 480 #

Pablo ARIAS ECHEVERRÍA, Pilar del CASTILLO VERA, Tomislav SOKOL, Andrey KOVATCHEV, Romana TOMC, Maria da Graça CARVALHO, Marion WALSMANN, Kris PEETERS

Motion for a resolution
Paragraph 30

Amendment 481 #

Andreas SCHIEDER, Sylvie GUILLAUME, Adriana MALDONADO LÓPEZ, Clara AGUILERA, Maria GRAPINI

Motion for a resolution
Paragraph 30

Amendment 482 #

Motion for a resolution
Paragraph 30

30. Considers that ~~a central regulatory authority should be established which~~the Commission should be responsible for the oversight and compliance with the Digital Services Act and have supplementary powers to tackle cross-border issues; it should be entrusted with investigation and enforcement powers;

Amendment 483 #

Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE

Motion for a resolution
Paragraph 30 a (new)

30a. Underlines that part of the investigative powers of the authority should be the right to conduct audits; considers in this regard that it is essential for the software documentation, the algorithms and data sets used to be fully accessible to the authority, while respecting Union law;

Amendment 484 #

Motion for a resolution
Paragraph 30 a (new)

30a. Notes that over the years national authorities managed and solved critical aspects related to the evolution of e- commerce in an effective but fragmented way within the Union; stresses that a consistent approach between Member States is desirable;

Amendment 485 #

Motion for a resolution
Paragraph 30 b (new)

30b. Stresses that next to corrective powers, part of the enforcement powers of the authority should also be the right to issue fines of up to 30 000 000 EUR, or in the case of an undertaking, up to 5 % of the total worldwide annual turnover;

Amendment 486 #

Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE

Motion for a resolution
Paragraph 31

31. Takes the view that the central regulatory authority should prioritise cooperation between Member States to address complex cross-border issues by working in close cooperation with a network of independent National Enforcement Bodies (NEBs);deleted

Amendment 487 #

Motion for a resolution
Paragraph 31

Amendment 488 #

Motion for a resolution
Paragraph 31

31. Takes the view that the central regulatory authority should ~~prioritis~~facilitate cooperation between Member States to address complex cross-border issues by working in close cooperation with a network of independent National Enforcement Bodies (NEBs); notes that the authority should be responsible in case of different decisions in more than one Member State, as well as at the request of the majority of the NEBs;

Amendment 489 #

Marion WALSMANN, Christian DOLESCHAL, Maria da Graça CARVALHO

Motion for a resolution
Paragraph 31

31. ~~Takes the view that the central regulatory authority should prioritise~~Calls for a better cooperation between Member States to address complex cross-border issues by working in close cooperation with anational regulators and supervisors as well as with existing network of independent National Enforcement Bodies (NEBs) or the European Consumer Centres Network;

Amendment 49 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Svenja HAHN

Motion for a resolution
Recital D c (new)

Dc. whereas Regulation (EU) 2019/1150 on promoting fairness and transparency for business users of online intermediation services only came into force in July 2019 and is only binding on platforms from 12 July 2020;

Amendment 490 #

Motion for a resolution
Paragraph 31

31. Takes the view that the ~~central regulatory authority should prioritise cooperation between Member States to~~Commission should address complex cross-border issues by working in close cooperation with a network of independent National Enforcement Bodies (NEBs);

Amendment 491 #

Motion for a resolution
Paragraph 31

Amendment 492 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP

Motion for a resolution
Paragraph 31

31. Takes the view that the ~~central regulatory authority should prioritise~~Commission should facilitate the dialogue and thus help cooperation between Member States to address complex cross- border issues by working in close cooperation with a network of independent National Enforcement Bodies (NEBs);

Amendment 493 #

Motion for a resolution
Paragraph 31

31. Takes the view that ~~the centr~~national regulator~~y authority~~s should prioritise cooperation between Member States to address complex cross-border issues by working in close cooperation with a network of independent National Enforcement Bodies (NEBs);

Amendment 494 #

Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE

Motion for a resolution
Paragraph 31 a (new)

31a. Calls for the board to facilitate the creation and maintenance of a European research repository that would combine data from multiple platforms to facilitate appeals processes and enable regulators, researchers and NGOs to review and analyse platform decisions;

Amendment 495 #

Motion for a resolution
Paragraph 31 a (new)

31a. Considers that a network of independent National Enforcement Bodies (NEBs) on DSA should be reinforced;

Amendment 496 #

Motion for a resolution
Paragraph 31 b (new)

31b. Calls for the establishment of socially representative and diverse, in particular gender balanced, co-regulatory social media councils as a multi- stakeholder mechanism, which would provide for an open, transparent, accountable and participatory forum to address content moderation principles; considers that these social media councils should issue guidance, opinions and expertise;

Amendment 497 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Sandro GOZI, Stéphanie YON-COURTIN, Svenja HAHN

Motion for a resolution
Paragraph 32

32. Calls on the Commission to strengthen and modernise the current provisions on out-of-court settlement and court actions to allow for ~~an effective enforcement and consumer redress~~consumer redress; underlines that such measures should seek to support consumers that do not have the financial or legal means to use the court system and should not weaken the legal protections of small businesses and traders that national legal systems provide;

Amendment 498 #

Motion for a resolution
Paragraph 32

32. Calls on the Commission to gather information on all alternative dispute settlement solutions in Member States, provide data on their functioning and analyse whether there is a need and a possibility to strengthen and modernise the current provisions on out-of-court settlement and court actions to allow for an effective enforcement and consumer redress;

Amendment 499 #

Alex AGIUS SALIBA, Adriana MALDONADO LÓPEZ, Maria-Manuel LEITÃO-MARQUES, Clara AGUILERA, Brando BENIFEI, Maria GRAPINI, Andreas SCHIEDER, Evelyne GEBHARDT

Motion for a resolution
Paragraph 32

32. Calls on the Commission to ~~strengthen and modernise~~extend to digital services, online markets and consumer protection the current provisions on out-of-court settlement and court actions to allow for an effective enforcement and consumer redress and to harmonise the redress mechanisms present in Union law;

Amendment 5 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Sandro GOZI, Stéphanie YON-COURTIN

Motion for a resolution
Citation 2 b (new)

- having regard to the Memorandum of Understanding on the sale of counterfeit goods via the internet of 21 June 2016 and its review in the Communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee of 29 November 2017, entitled “ A balanced IP enforcement system responding to today's societal challenges” (COM (2017) 707) final,

Amendment 50 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Sandro GOZI, Stéphanie YON-COURTIN, Svenja HAHN

Motion for a resolution
Recital D d (new)

Dd. whereas the COVID-19 pandemic has shown how vulnerable EU consumers are to misleading trading practices by dishonest traders selling illegal products online that are not compliant with Union safety rules or imposing unjustified and abusive price increases or other unfair conditions on consumers; whereas this problem is aggravated by the fact that often the identity of these companies cannot be established;

Amendment 500 #

Motion for a resolution
Paragraph 32

32. Calls on the Commission to strengthen and modernise the ~~current provisions on out-of-court settlement and~~existing Union framework for out-of-court settlement under the E-Commerce Directive, taking into account developments under Directive 2013/11/EU, as well as court actions to allow for an effective enforcement and consumer redress;

Amendment 501 #

Motion for a resolution
Paragraph 32 a (new)

(1) Invites the Commission to work towards tax-harmonisation which can be considered as an instrument for improvement of cross-border financial activities and thus the functioning of the entire single market; stresses that the market actors should be paying taxes where their economic activity occurs;

Amendment 502 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Sandro GOZI, Stéphanie YON-COURTIN, Svenja HAHN

Motion for a resolution
Paragraph 32 a (new)

32a. Calls on national regulators and the Commission to provide further advice and assistance to EUSMEs about their rights;

Amendment 503 #

Motion for a resolution
Annex I – part -I (new)

-I. Provided that relevant data and analyses support so, the Digital Services Act package should be based on these recommendations;

Amendment 504 #

Alex AGIUS SALIBA, Adriana MALDONADO LÓPEZ, Maria-Manuel LEITÃO-MARQUES, Clara AGUILERA, Brando BENIFEI, Andreas SCHIEDER, Marc ANGEL, Sándor RÓNAI, Evelyne GEBHARDT, Biljana BORZAN

Motion for a resolution
Annex I – part -I (new)

-1 The Digital Services Act package should be evidence-based and its impact assessment should inter alia include quantification of the financial burden on the Union budget and the budgets of the Member States;

Amendment 505 #

Motion for a resolution
Annex I – part I – paragraph 1

The Digital Services Act should contribute to the strengthening of the internal market by ensuring the free movement of digital services and the freedom to conduct a business, while at the same time guaranteeing a high level of consumer protection, including the improvement of users’ safety online;

Amendment 506 #

Pablo ARIAS ECHEVERRÍA, Pilar del CASTILLO VERA, Róża THUN UND HOHENSTEIN, Andrey KOVATCHEV, Edina TÓTH, Maria da Graça CARVALHO, Kris PEETERS, Romana TOMC, Andreas SCHWAB

Motion for a resolution
Annex I – part I – paragraph 1

The Digital Services Act should contribute to the strengthening of the internal market by ensuring the free movement of digital services, while at the same time guaranteeing a high level of consumer protection, including the improvement of users’ rights, freedoms and safety online;

Amendment 507 #

Motion for a resolution
Annex I – part I – paragraph 1

The Digital Services Act should contribute to the strengthening of the internal market by ensuring the free movement of digital services, while at the same time guaranteeing a high level of consumer protection, ~~including~~and the improvement of users’ safety online;

Amendment 508 #

Pablo ARIAS ECHEVERRÍA, Pilar del CASTILLO VERA, Tomislav SOKOL, Andrey KOVATCHEV, Maria da Graça CARVALHO, Pascal ARIMONT, Romana TOMC, Anna-Michelle ASIMAKOPOULOU, Andreas SCHWAB

Motion for a resolution
Annex I – part I – paragraph 1

The Digital Services Act should contribute to the strengthening of the internal market by ensuring the free movement of digital services, while at the same time ~~guaranteeing a high level of consumer protection~~maximizing consumer welfare, including the improvement of users’ safety online;

Amendment 509 #

Motion for a resolution
Annex I – part I – paragraph 1 a (new)

The Digital Services Act should contribute to the removal of the existing unjustified obstacles to the digital single market, which many times arise from protectionist measures by Member States, as well as ensuring that no new barriers are created;

Amendment 51 #

Pablo ARIAS ECHEVERRÍA, Pilar del CASTILLO VERA, Róża THUN UND HOHENSTEIN, Tomislav SOKOL, Andrey KOVATCHEV, Edina TÓTH, Maria da Graça CARVALHO, Pascal ARIMONT, Kris PEETERS, Romana TOMC

Motion for a resolution
Recital E

E. whereas in its communication to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 19 February 2020 “Shaping Europe’s digital future”, the Commission committed itself to adopting, as part of the Digital Services Act package, new and revised rules for online platforms and information service provider; to reinforcing the oversight over platforms’ content policies in the EU; and, to looking into ex ante rules to ensure that large platforms with significant network effects, acting as gatekeepers, remain fair and contestable for innovators, businesses, ~~and new market entrants;~~ including SMEs, start-ups, entrepreneurs and new market entrants; believes that the Digital Services Act should complement the existing legal framework together with other relevant legislation, such as rules on consumer protection, enforcement, product safety, market surveillance, competition, geo-blocking, audio-visual media services, copyright and the General Data Protection Regulation;

Amendment 510 #

Róża THUN UND HOHENSTEIN, Andrey KOVATCHEV, Maria da Graça CARVALHO, Tomislav SOKOL

Motion for a resolution
Annex I – part I – paragraph 2

The Digital Services Act should guarantee that online and offline ~~economic~~ activities are treated equally and on a level playing field which fully reflects the principle that “what is illegal offline is also illegal online”; this principle does not however exclude that due to specific nature of online environment and easiness to manipulate with users on mass scale, certain activities allowed offline might not be allowed online;

Amendment 511 #

Motion for a resolution
Annex I – part I – paragraph 2

The Digital Services Act should guarantee that online and offline economic activities are treated equally and on a level playing field which fully reflects the principle that “what is illegal offline is also illegal online” and that all rights and freedoms offline should also be guaranteed online;

Amendment 512 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Svenja HAHN

Motion for a resolution
Annex I – part I – paragraph 2

The Digital Services Act should guarantee that online and offline economic activities are treated equally and on a level playing field which fully reflects the principle that “what is illegal offline is also illegal online” and equally “what is legal offline is also legal online”;

Amendment 513 #

Motion for a resolution
Annex I – part I – paragraph 2

Amendment 514 #

Martin SCHIRDEWAN, Emmanuel MAUREL, Stelios KOULOGLOU

Motion for a resolution
Annex I – part I – paragraph 3

The Digital Services Act should provide consumers and economic operators, especially micro, small and medium-sized enterprises, with legal certainty and transparency, support innovation while reducing barriers to market entry and provision of services, including regulatory barriers;

Amendment 515 #

Motion for a resolution
Annex I – part I – paragraph 3

The Digital Services Act should provide consumers and economic operators, especially micro, small and medium-sized enterprises, with legal certainty and transparency and should not apply a "one- size-fits-all" approach;

Amendment 516 #

Róża THUN UND HOHENSTEIN, Andrey KOVATCHEV, Tomislav SOKOL

Motion for a resolution
Annex I – part I – paragraph 3

The Digital Services Act should provide c~~onsu~~ustomers and economic operators, especially micro, small and medium-sized enterprises, with legal certainty and transparency;

Amendment 517 #

Motion for a resolution
Annex I – part I – paragraph 4

The Digital Services Act should respect the broad framework of fundamental European rights of users and consumers, such as the protection of privacy, non-discrimination, dignity, fairness ~~and free speech~~, freedom of expression and the right to an effective remedy;

Amendment 518 #

Motion for a resolution
Annex I – part I – paragraph 4

Amendment 519 #

Adriana MALDONADO LÓPEZ, Clara AGUILERA, Marc ANGEL

Motion for a resolution
Annex I – part I – paragraph 4

Amendment 52 #

Motion for a resolution
Recital E

Amendment 520 #

Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE

Motion for a resolution
Annex I – part I – paragraph 4

Amendment 521 #

Martin SCHIRDEWAN, Emmanuel MAUREL, Stelios KOULOGLOU

Motion for a resolution
Annex I – part I – paragraph 4

The Digital Services Act should respect the broad framework of fundamental European rights of users and consumers, such as the protection of privacy, data, non- discrimination, dignity, fairness and free speech;

Amendment 522 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER

Motion for a resolution
Annex I – part I – paragraph 5

The Digital Services Act should build upon the rules currently applicable to online platforms, namely the E-Commerce Directive and the Platform to Business Regulation1 while refraining from proposing measures that were rejected by the co-legislators during its negotiation. __________________ 1 Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (OJ L 186, 11.7.2019, p. 57).

Amendment 523 #

Pablo ARIAS ECHEVERRÍA, Róża THUN UND HOHENSTEIN, Tomislav SOKOL, Andrey KOVATCHEV, Romana TOMC, Andreas SCHWAB

Motion for a resolution
Annex I – part I – paragraph 5

The Digital Services Act should build upon the rules currently applicable to online platforms, namely the E-Commerce Directive and the Platform to Business Regulation1 . __________________ 1Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (OJ L 186, 11.7.2019, p. 57), including the country of origin principle.

Amendment 524 #

Motion for a resolution
Annex I – part I – paragraph 6 – indent 1 – introductory part

- a comprehensive revision of the E- Commerce Directive, in the form of a Directive, based on Articles 53(1), 62 and 114 TFEU, consisting of:;

Amendment 525 #

Maria GRAPINI, Clara AGUILERA, Adriana MALDONADO LÓPEZ

Motion for a resolution
Annex I – part I – paragraph 6 – indent 1 – introductory part

- a ~~comprehensive~~ revision of the E- Commerce Directive consisting of:

Amendment 526 #

Motion for a resolution
Annex I – part I – paragraph 6 – indent 1 – subi. 1

- a revised framework with clear due diligence transparency and information obligations for all types of digital services;

Amendment 527 #

Motion for a resolution
Annex I – part I – paragraph 6 – indent 1 – subi. 1

- a revised framework with clear due diligence obligations, including with regards to transparency and information ~~obligations~~;

Amendment 528 #

Motion for a resolution
Annex I – part I – paragraph 6 – indent 1 – subi. 1

- a revised framework with clear due diligence obligations, including on transparency and information ~~obligations~~;

Amendment 529 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Svenja HAHN

Motion for a resolution
Annex I – part I – paragraph 6 – indent 1 – subi. 1

- a revised framework with clear ~~due diligence~~ transparency and information obligations;

Amendment 53 #

Motion for a resolution
Recital E

Amendment 530 #

Motion for a resolution
Annex I – part I – paragraph 6 – indent 1 – subi. 2

- clear and detailed procedures and measures ~~related to the~~to effectively tackle and remov~~al of~~e illegal content online, including by a harmonised legally-binding European notice-and action mechanism complemented with a stay-down obligation;

Amendment 531 #

Motion for a resolution
Annex I – part I – paragraph 6 – indent 1 – subi. 2

- clear and detailed procedures and measures related to the removal of illegal content online, including a harmonised legally-binding European notice-and action mechanism involving national authorities;

Amendment 532 #

Motion for a resolution
Annex I – part I – paragraph 6 – indent 1 – subi. 2

- clear and detailed procedures and measures related to the ~~removal~~prevention, removal, and disabling of illegal content online, including a harmonised legally- binding European notice-and action mechanism;

Amendment 533 #

Róża THUN UND HOHENSTEIN, Andrey KOVATCHEV, Maria da Graça CARVALHO, Tomislav SOKOL, Krzysztof HETMAN

Motion for a resolution
Annex I – part I – paragraph 6 – indent 1 – subi. 2

- clear and detailed procedures and measures related to the removal of illegal content online, including a differentiated, harmonised legally-binding European notice-and action mechanism;

Amendment 534 #

Motion for a resolution
Annex I – part I – paragraph 6 – indent 1 – subi. 2

- clear and detailed procedures and measures related to the removal of illegal and harmful content online, including a harmonised legally-binding European notice-and action mechanism;

Amendment 535 #

Motion for a resolution
Annex I – part I – paragraph 6 – indent 1 – subi. 2

- clear and detailed procedures and measures related to the removal of illegal content online, including a harmonised ~~legally-binding~~ European notice-and ~~action~~-take- down and counter-notice mechanisms;

Amendment 536 #

Beata MAZUREK, Eugen JURZYCA, Andżelika Anna MOŻDŻANOWSKA

Motion for a resolution
Annex I – part I – paragraph 6 – indent 1 – subi. 2

- clear and detailed procedures and measures related to the removal of illegal content online, including a ~~harmonised legally-binding~~code of conduct on European notice-and -action mechanism;

Amendment 537 #

Motion for a resolution
Annex I – part I – paragraph 6 – indent 1 – subi. 3

- effective supervision, cooperation and sanctions which are proportionate, effective and dissuasive with regard to the systemic failure in question;

Amendment 538 #

Motion for a resolution
Annex I – part I – paragraph 6 – indent 1 – subi. 3

- effective national supervision, cooperation a~~nd sanction~~mong Member States and proportionate sanctions with the preference for behavioural remedies;

Amendment 539 #

Motion for a resolution
Annex I – part I – paragraph 6 – indent 1 – subi. 3

- effective and dissuasive supervision, cooperation and sanctions;

Amendment 54 #

Motion for a resolution
Recital E a (new)

Ea. whereas content hosting intermediaries often take voluntary decisions regarding the legality of content and employ automated content recognition tools which raises concerns as regards the rule of law and the right to an effective remedy, in contravention of Article 52.1 of the European Charter of Fundamental Rights, stating that any limitation on the exercise of the rights and freedoms must be provided for by law;

Amendment 540 #

Motion for a resolution
Annex I – part I – paragraph 6 – indent 1 – subi. 3

- effective supervision, cooperation and deterrent sanctions;

Amendment 541 #

Beata MAZUREK, Eugen JURZYCA, Andżelika Anna MOŻDŻANOWSKA

Motion for a resolution
Annex I – part I – paragraph 6 – indent 1 – subi. 3

- effective supervision, cooperation and deterrent sanctions;

Amendment 542 #

Motion for a resolution
Annex I – part I – paragraph 6 – indent 2

- an internal market legal instrument imposing ex-ante obligations on large platforms irrespective of their country of origin with a gatekeeper role in the digital ecosystem, complemented by an effective institutional enforcement mechanism, where there are proven market failures and where it has been proven that large platforms undermine the EU competition principles.

Amendment 543 #

Pablo ARIAS ECHEVERRÍA, Róża THUN UND HOHENSTEIN, Tomislav SOKOL, Andrey KOVATCHEV, Maria da Graça CARVALHO, Pascal ARIMONT, Romana TOMC, Andreas SCHWAB

Motion for a resolution
Annex I – part I – paragraph 6 – indent 2

- an internal market legal instrument in the form of a Regulation, based on Article 114 TFEU, imposing ex-ante obligations on large platforms with a gatekeeper role in the digital ecosystem, complemented by an effective institutional enforcement mechanism.

Amendment 544 #

Motion for a resolution
Annex I – part I – paragraph 6 – indent 2

- an internal market legal instrument imposing ex-ante obligations on ~~large~~dominant platforms with a gatekeeper role in the digital ecosystem, complemented by an effective institutional enforcement mechanism.

Amendment 545 #

Motion for a resolution
Annex I – part I – paragraph 6 – indent 2

- an internal market legal instrument imposing ex-ante obligations on large platforms with a confirmed gatekeeper role in the digital ecosystem, complemented by an effective ~~institutional~~ enforcement mechanism.

Amendment 546 #

Evelyne GEBHARDT, Monika BEŇOVÁ, Andreas SCHIEDER, Adriana MALDONADO LÓPEZ

Motion for a resolution
Annex I – part I – paragraph 6 a (new)

Digital services legislation should assume the form of a directive.

Amendment 547 #

Motion for a resolution
Annex I – part II – paragraph 1

In the interest of legal certainty, the Digital Services Act should clarify which digital services fall within its scope. The new legal act should follow the horizontal nature of the E-Commerce Directive and apply not only to online platforms but to all digital services, which are not covered by specific legislation; to ensure the principle of “what is illegal offline is also illegal online” to those digital services covered by the Services Directive, the country of destination principle as stipulated in the Services Directive should apply;

Amendment 548 #

Motion for a resolution
Annex I – part II – paragraph 1

Amendment 549 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR

Motion for a resolution
Annex I – part II – paragraph 1

Amendment 55 #

Róża THUN UND HOHENSTEIN, Andrey KOVATCHEV, Maria da Graça CARVALHO, Tomislav SOKOL

Motion for a resolution
Recital E a (new)

Ea. whereas the E-Commerce Directive requires platforms to take down illegal activity and illegal information but does not define them, which makes it hardly distinguishable from other harmful but not illegal content;

Amendment 550 #

Motion for a resolution
Annex I – part II – paragraph 1

Amendment 551 #

Motion for a resolution
Annex I – part II – paragraph 1

Amendment 552 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Svenja HAHN

Motion for a resolution
Annex I – part II – paragraph 1 a (new)

Digital services which are closed in nature and offered in a purely business to business relationship should not be subject to the same requirements as services which are targeted at the general public or at consumers;

Amendment 553 #

Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Clara AGUILERA, Sylvie GUILLAUME, Marc ANGEL

Motion for a resolution
Annex I – part II – paragraph 2

Amendment 554 #

Motion for a resolution
Annex I – part II – paragraph 2

The territorial scope of the future Digital Services Act should be extended to cover also the activities of companies and service providers established in third countries, when they offer services or goods to consumers or users in the Union; for online marketplaces, such a provision should be complemented by an obligation for platforms to check whether suppliers from outside the EU which target European consumers either have set up a branch in the EU or have appointed a person responsible in the EU; if the trader does not meet this obligation and the platform is proven to have failed to verify compliance of this obligation, the platform should be liable for damages and guarantees, without prejudice to the possibility to seek redress to the trader a posteriori;

Amendment 555 #

Motion for a resolution
Annex I – part II – paragraph 2

The territorial scope of the future Digital Services Act should be extended to cover also the activities of ~~companies and service provider~~information society services established in third countries, whenre the~~y offer services or goods to consumers or users~~ ir activities are related to the offering of services or goods to consumers or users in the Union, irrespective of whether a payment is required, or the monitoring of their behaviour as far as their behaviour takes place within the Union;

Amendment 556 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Sandro GOZI, Stéphanie YON-COURTIN, Svenja HAHN

Motion for a resolution
Annex I – part II – paragraph 2

Amendment 557 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER

Motion for a resolution
Annex I – part II – paragraph 3

The Digital Services Act should maintain the derogation set out in the Annex of the E-Commerce Directive ~~and, in particular, the derogation of contractual obligations concerning consumer contracts~~;

Amendment 558 #

Motion for a resolution
Annex I – part II – paragraph 3

The Digital Services Act should ~~maintain~~review the derogation set out in the Annex of the E- Commerce Directive, and, i~~n particular,~~f deemed necessary, revise them, while maintaining the derogation of contractual obligations concerning consumer contracts;

Amendment 559 #

Martin SCHIRDEWAN, Emmanuel MAUREL, Stelios KOULOGLOU

Motion for a resolution
Annex I – part II – paragraph 3

The Digital Services Act should maintain and consider extending the derogation set out in the Annex of the E-Commerce Directive and, in particular, the derogation of contractual obligations concerning consumer contracts;

Amendment 56 #

Motion for a resolution
Recital E b (new)

Eb. whereas automated content recognition tools replicate, reinforce and prolong pre-existing biases, discrimination, errors and assumptions about individuals or demographic groups on the basis of gender, race, religion, political opinion or social origin;

Amendment 560 #

Motion for a resolution
Annex I – part II – paragraph 4

The Digital Services Act should maintain the possibility for Member States to notify the Commission of its intention to set a higher level of consumer protection and pursue legitimate public interest objectives, where it is necessary and proportionate to do so, in accordance with EU and national law;

Amendment 561 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Liesje SCHREINEMACHER, Sandro GOZI, Stéphanie YON-COURTIN, Svenja HAHN

Motion for a resolution
Annex I – part II – paragraph 4

The Digital Services Act should ~~maintain the possibility for Member States to set~~seek to further harmonise consumer protection across the Union, in alignment with Directive (EU) 2019/770 and Directive (EU) 2019/771 and to maintain a higher level of consumer protection ~~and pursue legitimate public interest objectives~~ in accordance with EU law;

Amendment 562 #

Motion for a resolution
Annex I – part II – paragraph 4

The Digital Services Act should maintain the possibility for Member States to set a ~~higher~~n effective level of consumer protection, maximizing consumer welfare and pursue legitimate public interest objectives in accordance with EU law;

Amendment 563 #

Andreas SCHIEDER, Adriana MALDONADO LÓPEZ, Clara AGUILERA, Maria GRAPINI

Motion for a resolution
Annex I – part II – paragraph 4

The Digital Services Act should ~~maintain the possibility for Member States to set a higher level of consumer protection and pursue legitimate public interest objectives in accordance with EU law~~be proposed as a regulation to ensure the highest possible degree of harmonisation and to reduce the risk of fragmentation of the internal market;

Amendment 564 #

Motion for a resolution
Annex I – part II – paragraph 4 a (new)

The Digital Services Act should extend the derogation set out in the Annex of the E-Commerce Directive in order to safeguard public interests and to ensure the appropriate legal enforcement on national and regional level;

Amendment 565 #

Motion for a resolution
Annex I – part II – paragraph 5 a (new)

Digital services legislation should clarify the distinction between the different types of content hosting intermediaries, which would in particular allow a distinction to be made between passive hosts and active platforms;

Amendment 566 #

Adam BIELAN, Beata MAZUREK, Eugen JURZYCA, Andżelika Anna MOŻDŻANOWSKA

Motion for a resolution
Annex I – part II – paragraph 6

The Digital Services Act should also clarify in a coherent way how its provisions interact with recently adopted rules on geo-blocking, product safety, ~~and consumer protection among others~~links between platforms and undertakings, market surveillance and consumer protection among others; future initiatives such as the regulation of AI should also be taken into account;

Amendment 567 #

Motion for a resolution
Annex I – part II – paragraph 6

The Digital Services Act should also clarify in a coherent way how its provisions interact with recently adopted rules on geo-blocking, product safety, platforms to business relations and consumer protection, among others, and other anticipated initiatives such as AI regulation;

Amendment 568 #

Motion for a resolution
Annex I – part II – paragraph 7

The Digital Services Act should apply without prejudice to the rules set out in other instruments, such as the General Data Protection Regulation2 (“GDPR”), ~~the Copyright Directive3~~ and the Audio Visual Media Services Directive4 . __________________ 2Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). 3Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (OJ L 130, 17.5.2019, p. 92). 4Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1).

Amendment 569 #

Motion for a resolution
Annex I – part II – paragraph 7

The Digital Services Act should apply without prejudice to the rules set out in other instruments, such as the General Data Protection Regulation2 (“GDPR”), the Copyright Directive3 and the Audio Vvisual Media Services Directive4 . __________________ 2Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). 3Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (OJ L 130, 17.5.2019, p. 92). 4Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1).

Amendment 57 #

Motion for a resolution
Recital E b (new)

Eb. whereas not the occasional reprehensible cases, but rather relevant data, statistics and analyses should demonstrate a need for any further measures;

Amendment 570 #

Adriana MALDONADO LÓPEZ, Clara AGUILERA, Marc ANGEL

Motion for a resolution
Annex I – part III – paragraph 1 – introductory part

If analyses and impact assessment supports so, in its definitions, the Digital Services Act should:

Amendment 571 #

Motion for a resolution
Annex I – part III – paragraph 1 – indent 1

- clarify to what extent “new digital services”, such as social media networks, collaborative economy services, search engines, wifi hotspots, online advertising, cloud services, app stores, content delivery networks, and domain name services fall within the scope of the Digital Services Act;

Amendment 572 #

Pablo ARIAS ECHEVERRÍA, Pilar del CASTILLO VERA, Tomislav SOKOL, Róża THUN UND HOHENSTEIN, Andrey KOVATCHEV, Maria da Graça CARVALHO, Pascal ARIMONT, Romana TOMC, Andreas SCHWAB

Motion for a resolution
Annex I – part III – paragraph 1 – indent 1

- clarify t~~o w~~hat ~~extent “~~"new digital services”", such as social media networks, collaborative economy services, search engines, wifi hotspots, online advertising, comparison tools, cloud services, content delivery networks, and domain name services fall within the scope of the Digital Services Act;

Amendment 573 #

Adam BIELAN, Beata MAZUREK, Eugen JURZYCA, Andżelika Anna MOŻDŻANOWSKA

Motion for a resolution
Annex I – part III – paragraph 1 – indent 1

- clarify if and to what extent “new digital services”, such as social media networks, collaborative economy services, search engines, wifi hotspots, online advertising, cloud services, content delivery networks, and domain name services fall within the scope of the Digital Services Act;

Amendment 574 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Sandro GOZI, Stéphanie YON-COURTIN, Svenja HAHN

Motion for a resolution
Annex I – part III – paragraph 1 – indent 1

- clarify to what extent “new digital services”, such as social media networks, collaborative economy services, search engines, wifi hotspots, online advertising, cloud services, content delivery networks, and domain name services fall within the scope of the Digital Services Act;

Amendment 575 #

Motion for a resolution
Annex I – part III – paragraph 1 – indent 1

- clarify to what extent “~~new~~ digital services”, such as social media networks, collaborative economy services, search engines, ~~wifi hotspots,~~ online advertising, cloud services, ~~content delivery networks, and domain name service~~web hosting, messaging services and content delivery networks fall within the scope of the Digital Services Act;

Amendment 576 #

Motion for a resolution
Annex I – part III – paragraph 1 – indent 2

- clarify the nature of the content hosting intermediaries (text, images, video, or audio content) on the one hand, and commercial online marketplaces (selling physical goods or services) on the other;

Amendment 577 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Sandro GOZI, Stéphanie YON-COURTIN, Svenja HAHN

Motion for a resolution
Annex I – part III – paragraph 1 – indent 2

- clarify the nature of the content hosting intermediaries (text, images, video, or audio content) on the one hand, and commercial online marketplaces (selling physical and digital goods) on the other;

Amendment 578 #

Pablo ARIAS ECHEVERRÍA, Pilar del CASTILLO VERA, Róża THUN UND HOHENSTEIN, Tomislav SOKOL, Andrey KOVATCHEV, Romana TOMC

Motion for a resolution
Annex I – part III – paragraph 1 – indent 2 a (new)

- clarify the distinction between passive and active hosts taking into account the jurisprudence of the Court of Justice and stipulate the conditions and criteria for hosting intermediaries to be considered active;

Amendment 579 #

Motion for a resolution
Annex I – part III – paragraph 1 – indent 3

- clearly distinguish between commercial activities and content or transactions provided against remuneration, which also cover advertising and marketing practices on the one hand, and non-commercial activities and content on the other;deleted

Amendment 58 #

Motion for a resolution
Recital E c (new)

Ec. whereas internal rules, such as terms and conditions or community guidelines, of systemic operators are determined unilaterally, whereby users often cannot access the platform of the operator without accepting its internal rules and have to waive all rights and remedies towards the operator;

Amendment 580 #

Motion for a resolution
Annex I – part III – paragraph 1 – indent 3

- clearly distinguish between commercial activities and content or transactions provided against remuneration~~, which also cover advertising and marketing practices on the one hand, and non-commercial activities and content on the other~~;

Amendment 581 #

Adam BIELAN, Beata MAZUREK, Eugen JURZYCA, Andżelika Anna MOŻDŻANOWSKA

Motion for a resolution
Annex I – part III – paragraph 1 – indent 4

- clarify of what falls within the remit of the "illegal content” definition making it clear that a violation of EU rules on consumer protection, product safety or the offer or sale of food or tobacco products and counterfeit medicines, also falls within the definition of illegal content;

Amendment 582 #

Motion for a resolution
Annex I – part III – paragraph 1 – indent 4

Amendment 583 #

Pablo ARIAS ECHEVERRÍA, Pilar del CASTILLO VERA, Róża THUN UND HOHENSTEIN, Tomislav SOKOL, Andrey KOVATCHEV, Romana TOMC, Edina TÓTH, Maria da Graça CARVALHO, Anna-Michelle ASIMAKOPOULOU, Andreas SCHWAB

Motion for a resolution
Annex I – part III – paragraph 1 – indent 4

- clarify of what falls within the remit of the "illegal content”", definition making it clear that a violation of EU rules on consumer protection, product safety or the offer or sale of food or tobacco products and counterfeit medicines, also falls within the definition of illegal content; it is also necessary to clarify what falls under "harmful content" and "disinformation";

Amendment 584 #

Sarah WIENER, Petra DE SUTTER

Motion for a resolution
Annex I – part III – paragraph 1 – indent 4

- clarify of what falls within the remit of the "illegal content” definition making it clear that a violation of EU rules on consumer protection, product safety or the offer or sale of food or, cosmetics, tobacco products ~~and~~, counterfeit medicines, or wildlife products and wild and domesticated animals also falls within the definition of illegal content;

Amendment 585 #

Maria GRAPINI, Clara AGUILERA

Motion for a resolution
Annex I – part III – paragraph 1 – indent 4

- clarify of what falls within the remit of the "illegal content” definition making it clear that athis includes unlawful offers for sale in violation of EU rules on consumer protection, product safety or the offer or sale of food or tobacco products and counterfeit medicines, also falls within the definition of illegal content;

Amendment 586 #

Motion for a resolution
Annex I – part III – paragraph 1 – indent 4

- clarify of what falls within the remit of the "illegal content” definition making it clear that a violation of EU rules on consumer protection, product safety or the offer or sale of ~~food or tobacco products and counterfeit medicines~~counterfeit products of any type, also falls within the definition of illegal content;

Amendment 587 #

Andreas SCHIEDER

Motion for a resolution
Annex I – part III – paragraph 1 – indent 4 a (new)

- clearly distinguish between providers of “information society services” and “hosting providers”, as the providers of “information society services”, which consist of the storage of information provided by a recipient of the service, are not liable for the information stored, under certain conditions;

Amendment 588 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Sandro GOZI, Stéphanie YON-COURTIN

Motion for a resolution
Annex I – part III – paragraph 1 – indent 4 a (new)

- refrain from seeking to define or act upon “harmful content”;

Amendment 589 #

Motion for a resolution
Annex I – part III – paragraph 1 – indent 5

- define “systemic operator” by establishing a set of clear economic indicators that allow regulatory authorities to identify platforms with a “gatekeeper” role playing a systemic role in the online economy; such indicators could include considerations such as whether the undertaking is active to a significant extent on multi-sided markets, the size of its network (number of users), its financial strength, access to data, vertical integration, the importance of its activity for third parties’ access to supply and markets, whether the undertaking has a significant impact on the exercise of fundamental rights and freedoms as well as access to information in our society, etc.

Amendment 59 #

Pablo ARIAS ECHEVERRÍA, Pilar del CASTILLO VERA, Tomislav SOKOL, Andrey KOVATCHEV, Edina TÓTH, Maria da Graça CARVALHO, Kris PEETERS, Romana TOMC, Andreas SCHWAB

Motion for a resolution
Recital E d (new)

Ed. whereas the activity of profiling coupled with targeted advertisements not only undermines the democratic society, but also leads to an unfair competitive advantage for dominant private actors collecting large amounts of data;

Amendment 590 #

Motion for a resolution
Annex I – part III – paragraph 1 – indent 5

- define “"systemic operator”" by establishing a set of clear economic indicators that allow regulatory authorities to identify platforms which enjoy a significant market position with a “"gatekeeper”" role playing a systemic role in the online economy; such indicators could include considerations such as whether the undertaking is active to a significant extent on multi-sided markets, or has predominant influence over its users, the size of its network (number of users), its financial strength, access to data, accumulation of data, vertical integration, the importance of its activity for third parties’ access to supply and markets, etc.

Amendment 591 #

Alex AGIUS SALIBA, Adriana MALDONADO LÓPEZ, Maria-Manuel LEITÃO-MARQUES, Clara AGUILERA, Brando BENIFEI, Maria GRAPINI, Andreas SCHIEDER, Marc ANGEL, Evelyne GEBHARDT

Motion for a resolution
Annex I – part III – paragraph 1 – indent 5

- define “systemic operator” by establishing a set of clear economic indicators that allow regulatory authorities to identify platforms with a “gatekeeper” role playing a systemic role in the online economy; such indicators could include considerations such as whether the undertaking is active to a significant extent on multi-sided markets, the size of its network (number of users), and the presence of network effects; barriers to entry, its financial strength, and ability to access to data,; vertical integration, and its role as an unavoidable partner and the importance of its activity for third parties’ access to supply and markets, etc.

Amendment 592 #

Evelyne GEBHARDT, Monika BEŇOVÁ, Andreas SCHIEDER, Marc ANGEL, Adriana MALDONADO LÓPEZ

Motion for a resolution
Annex I – part III – paragraph 1 – indent 5

- define “systemic operator” by establishing a set of clear economic indicators and their trends that allow regulatory authorities to identify platforms with a “gatekeeper” role playing a problematic systemic role in the online economy; such indicators could include considerations such as whether the undertaking is active to a significant extent on multi-sided markets, the size of its network (number of users, user time spent), its financial strength, access to data, vertical integration, the importance of its activity for third parties’ access to supply and markets, any barrier to provision of services by its competitor etc.

Amendment 593 #

Motion for a resolution
Annex I – part III – paragraph 1 – indent 5

- define “systemic operator” by establishing a set of clear economic indicators that allow regulatory authorities to identify platforms with a “gatekeeper” role playing a systemic role in the online economy; such indicators could include considerations such as whether the undertaking is active to a significant extent on multi-sided markets, the size of its network (number of users, market share, share of sold services in total), its financial strength, access to data, vertical integration, the importance of its activity for third parties’ access to supply and markets, etc.

Amendment 594 #

Róża THUN UND HOHENSTEIN, Andrey KOVATCHEV, Maria da Graça CARVALHO, Tomislav SOKOL

Motion for a resolution
Annex I – part III – paragraph 1 – indent 5

- define “systemic operator” by establishing a set of clear economic indicators that allow regulatory authorities to identify platforms with a “gatekeeper” role playing a systemic role in the online economy; such indicators could include considerations such as whether the undertaking is active to a significant extent on multi-sided markets, or has predominant influence over its users, the size of its network (number of users), its financial strength, access to data, vertical integration, the importance of its activity for third parties’ access to supply and markets, etc.

Amendment 595 #

Martin SCHIRDEWAN, Emmanuel MAUREL, Stelios KOULOGLOU

Motion for a resolution
Annex I – part III – paragraph 1 – indent 5

- define “~~systemic~~dominant operator” ~~by establishing a set of clear economic~~restrictively so as to establish clear indicators that allow regulatory authorities to ~~identify platforms with a~~avoid “gatekeeper” roles ~~play~~ing a ~~systemic role in the online econom~~dvance by means of measures to ensure diversity; such indicators could include considerations such as whether the undertaking is active to a significant extent on multi-sided markets, the size of its network (number of users), its financial strength, access to data, vertical integration, the importance of its activity for third parties’ access to supply and markets, etc.

Amendment 596 #

Motion for a resolution
Annex I – part III – paragraph 1 – indent 5

- define “~~systemic~~dominant operator” by establishing a set of clear economic indicators that allow regulatory authorities to identify platforms with a “gatekeeper” role playing a systemic role in the online economy; such indicators could include considerations such as whether the undertaking is active to a significant extent on multi-sided markets, the size of its network (number of users), its financial strength, access to data, vertical integration, the importance of its activity for third parties’ access to supply and markets, etc.

Amendment 597 #

Brando BENIFEI, Andreas SCHIEDER, Sylvie GUILLAUME, Adriana MALDONADO LÓPEZ, Clara AGUILERA, Marc ANGEL

Motion for a resolution
Annex I – part III – paragraph 1 – indent 5

- define “systemic operator” by establishing a set of clear ~~economic~~ indicators that allow regulatory authorities to identify platforms with a “gatekeeper” role playing a systemic role in the online economy; such indicators could include considerations such as whether the undertaking is active to a significant extent on multi-sided markets, the size of its network (number of users), its financial strength, access to data, vertical integration, the importance of its activity for third parties’ access to supply and markets, etc.

Amendment 598 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Sandro GOZI, Stéphanie YON-COURTIN, Svenja HAHN

Motion for a resolution
Annex I – part III – paragraph 1 – indent 5 a (new)

- seek to codify the decisions of the European Court of Justice, where needed, and while having due regard to the main different pieces of legislation which use these definitions;

Amendment 599 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Svenja HAHN

Motion for a resolution
Annex I – part IV – title

IV. ~~DUE DILIGENCE~~TRANSPARENCY AND INFORMATION OBLIGATIONS

Amendment 6 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Sandro GOZI, Stéphanie YON-COURTIN

Motion for a resolution
Citation 3 a (new)

- having regard to the Communication from the Commission of 28 September 2017, entitled “Tackling Illegal Content Online: Towards an enhanced responsibility of online platforms” (COM (2017) 555), and its Recommendation of 1 March 2018 on measures to effectively tackle illegal content online (COM (2018) 1177),

Amendment 60 #

Motion for a resolution
Recital E e (new)

Ee. whereas the choice of algorithmic tools for recommendation systems raises accountability and transparency concerns; therefore stresses the need to guarantee the possibility of users to choose whether they want recommendations and personalisation by opting in to such services;

Amendment 600 #

Motion for a resolution
Annex I – part IV – paragraph 1 – introductory part

The Digital Services Act should introduce clear due diligence transparency and information obligations; those obligations should not create any derogations or new exemptions to the current liability regime and the secondary liability set out under Articles 12, 13, and 14 of the E- Commerce Directive andobligations, including with regards to transparency and information; those obligations should cover the aspects described below:

Amendment 601 #

Motion for a resolution
Annex I – part IV – paragraph 1 – introductory part

The Digital Services Act should introduce clear and proportionate due diligence transparency and information obligations; those obligations should not create any derogations or new exemptions to the current liability regime and the secondary liability set out under Articles 12, 13, and 14 of the E-Commerce Directive and should cover the aspects described below:

Amendment 602 #

Motion for a resolution
Annex I – part IV – paragraph 1 – introductory part

The Digital Services Act should introduce clear due diligence obligations, including on transparency and information ~~obligations~~; those obligations should not create any derogations or new exemptions to the current liability regime and the secondary liability set out under Articles 12, 13, and 14 of the E-Commerce Directive and should cover the aspects described below:

Amendment 603 #

Motion for a resolution
Annex I – part IV – paragraph 1 – introductory part

The Digital Services Act should introduce clear due diligence transparency and information obligations rather than a general duty of care; those obligations should not create any derogations or new exemptions to the current liability regime ~~and the secondary liability~~ set out under Articles 12, 13, and 14 of the E-Commerce Directive and should cover the aspects described below:

Amendment 604 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Svenja HAHN

Motion for a resolution
Annex I – part IV – paragraph 1 – introductory part

The Digital Services Act should introduce clear ~~due diligence~~ transparency and information obligations; those obligations should not create any derogations or new exemptions to the current liability regime and the secondary liability set out under Articles 12, 13, and 14 of the E-Commerce Directive and should cover the aspects described below:

Amendment 605 #

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 1

- the information requirements in Article 5 of the E-Commerce Directive should be reinforced and the “Know Your Business Customer” principle should be introduced; services providers should verify the identity of their business partners, including their company registration number or any equivalent means of identification including, if necessary, the verified national identity of their ultimate beneficial owner; that information should be accurate and up- to-date, and service providers should not be allowed to provide their services when the identity of their business customer is false, misleading or otherwise invalid;deleted

Amendment 606 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Svenja HAHN

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 1

- the information requirements in Article 5 and Article 6 of the E-Commerce Directive should be reinforced and the “Know Your Business Customer” principle should be introduced~~; services providers should verify~~ in the case where providers of online intermediation services use an information society service as means to sell or communicate with consumers; for traders or other providers on marketplaces and advertisers, brokers or other providers of commercial communication, services providers should collect the identity of their business partners, including their company registration number or any equivalent means of identification ~~including, if necessary, the verified national identity of their ultimate beneficial owner~~; that information should be accurate and up-to- date, and service providers should not be allowed to provide their services when the information is incomplete or when the provider has been informed by the competent authorities that the identity of their business customer is false, misleading or otherwise invalid;

Amendment 607 #

Adriana MALDONADO LÓPEZ, Clara AGUILERA, Marc ANGEL

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 1

- the information requirements in Article 5 of the E-Commerce Directive should be reinforced and the “Know Your Business Customer” principle should be introduced; services providers should verify the identity of their business partners~~, including their company registration number or any equivalent means of identification including, if necessary, the verified national identity of their ultimate beneficial owner;~~ by obtaining sufficient information to be able to hold them liable for breaches of applicable consumer legislation. that information should be accurate ~~and up-to- date,~~ and service providers should ~~not be allowed to provide their services when the identity of their business customer is false, misleading or otherwise invalid;~~conduct regular spot checks to detect inaccurate data.

Amendment 608 #

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 1

- the information requirements in Article 5 of the E-Commerce Directive should be reinforced and the “Know Your Business Customer” principle should be introduced; services providers should regularly verify the identity of their business partners, including their company registration number or any equivalent means of identification including, if necessary, the verified national identity of their ultimate beneficial owner, the postal address and the latest contact details; that information should be accurate and up-to- date, and service providers should not be allowed to provide their services when the identity of their business customer is false, misleading or otherwise invalid;

Amendment 609 #

Pablo ARIAS ECHEVERRÍA, Pilar del CASTILLO VERA, Tomislav SOKOL, Andrey KOVATCHEV, Pascal ARIMONT, Kris PEETERS, Romana TOMC, Andreas SCHWAB

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 1

- the information requirements in Article 5 of the E-Commerce Directive should be reinforced and the “Know Your Business Customer” principle should be introduced for business users of online market places; services providers should verify the identity of their business partners, including their company registration number or any equivalent means of identification including, if necessary, the verified national identity of their ultimate beneficial owner; that information should be accurate and up-to- date, and service providers should not be allowed to provide their services when they are notified that the identity of their business customer is false, misleading or otherwise invalid;

Amendment 61 #

Motion for a resolution
Paragraph 1

1. Welcomes the Commission’s commitment to submit a proposal for a Digital Services Act package, consisting of a directive amending the E-Commerce Directive and a proposal for a Regulation on ex-ante rules on large platforms with a gatekeeper role, and, on the basis of Article 225 of the Treaty on the Functioning of the European Union (TFEU), calls on the Commission to submit such a package on the basis of the relevant Articles of the Treaties, following the recommendations set out in the Annex hereto;

Amendment 610 #

Alex AGIUS SALIBA, Adriana MALDONADO LÓPEZ, Maria-Manuel LEITÃO-MARQUES, Clara AGUILERA, Brando BENIFEI, Andreas SCHIEDER, Biljana BORZAN

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 1

- the information requirements in Article 5 of the E-Commerce Directive should be reinforced and the “Know Your Business Customer” principle limited to the direct commercial relationships of the hosting provider should be introduced; ~~services~~hosting providers should verify the identity of their business partners, including their company registration number or any equivalent means of identification including, ~~if necessary,~~ the verified national identity of their ultimate beneficial owner; that information should be accurate and up-to- date, and service providers should not be allowed to provide their services when the identity of their business customer is false, misleading or otherwise invalid;

Amendment 611 #

Maria GRAPINI, Clara AGUILERA, Adriana MALDONADO LÓPEZ

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 1

- the information requirements in Article 5 of the E-Commerce Directive should be reinforced and the “Know Your Business Customer” principle should be introduced; services providers should verify the identity of their business partners, including their company registration number or any equivalent means of identification including, if necessary, the verified national identity of their ultimate beneficial owner; that information should be accurate and up-to- date, and service providers should not be allowed to provide their services when the identity of their business customer or individuals who sell on online platforms is false, misleading or otherwise invalid;

Amendment 612 #

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 1

- the information requirements in Article 5 of the E-Commerce Directive should be reinforced and the “Know Your Business Customer” principle should be introduced for business users; services providers should verify the identity of ~~their~~ business ~~partn~~users, including their company registration number or any equivalent means of identification including, if necessary, the verified national identity of their ultimate beneficial owner; that information should be accurate and up-to- date, and service providers should not be allowed to provide ~~their~~ services when the identity of their business cus~~tom~~er is false, misleading or otherwise invalid;

Amendment 613 #

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 1 a (new)

- knowledge of the commercial identity of the targeted commercial entities should be accompanied by the designation of a natural person responsible for these entities, a ‘contact point’ for complaints or appeals, whose contact details would be accessible in the event of judicial proceedings in order to render ineffective bankruptcies or fraudulent dissolutions organised by ad hoc companies guilty of online scams;

Amendment 614 #

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 2

- that measure should apply only to business-to-business relationships and should be without prejudice to the rights of users under the GDPR, as well as the right to internet anonymity or being an unidentified user; this right, which is very unevenly recognised and applied in the legislation of the Member States, should be the subject of guidelines for its effective recognition; the new general information requirements should review and further enhance Articles 5 and 10 of the E-Commerce Directive in order to align those measures with the information requirements established in recently adopted legislation, in particular the Unfair Contract Terms Directive5 , the Consumer Rights Directive and the Platform to Business Regulation. __________________ 5Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, most recently amended by Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council as regards the better enforcement and modernisation of Union consumer protection rules (OJ L 328, 18.12.2019, p. 7).

Amendment 615 #

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 2

- that measure should apply only to contractual business-to-business relationships and should be without prejudice to the rights of users under the GDPR, as well as the right to internet anonymity or being an unidentified user; the new general information requirements should review and further enhance Articles 5 and 10 of the E-Commerce Directive in order to align those measures with the information requirements established in recently adopted legislation, in particular the Unfair Contract Terms Directive5 , the Consumer Rights Directive and the Platform to Business Regulation. __________________ 5 Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, most recently amended by Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council as regards the better enforcement and modernisation of Union consumer protection rules (OJ L 328, 18.12.2019, p. 7).

Amendment 616 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Sandro GOZI, Stéphanie YON-COURTIN, Svenja HAHN

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 2

- that measure should apply only to business-to-business relationships and should be without prejudice to the rights of users under the GDPR, as well as the right to internet anonymity or being an unidentified user; the new general information requirements should review and further enhance Articles 5, 6 and 10 of the E-Commerce Directive in order to align those measures with the information requirements established in recently adopted legislation, in particular the Unfair Contract Terms Directive5 , the Consumer Rights Directive and the Platform to Business Regulation. __________________ 5 Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, most recently amended by Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council as regards the better enforcement and modernisation of Union consumer protection rules (OJ L 328, 18.12.2019, p. 7).

Amendment 617 #

Pablo ARIAS ECHEVERRÍA, Pilar del CASTILLO VERA, Tomislav SOKOL, Andrey KOVATCHEV, Romana TOMC, Andreas SCHWAB

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 2

- thatis measure should apply only to business-to-business relationships and should be without prejudice to the rights of ~~user~~data subjects under the GDPR, as well as the right to ~~internet~~consumer anonymity or being an unidentified user; the new general information requirements should ~~review and~~ further enhance Articles 5 and 10 of the E- Commerce Directive in order to ~~align~~complement those measures with the information requirements established in recently adopted legislation, in particular the Unfair Contract Terms Directive5 , the Consumer Rights Directive and the Platform to Business Regulation. __________________ 5 Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, most recently amended by Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council as regards the better enforcement and modernisation of Union consumer protection rules (OJ L 328, 18.12.2019, p. 7).

Amendment 618 #

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 2

- that measure should apply only to business-to-business relationships, and should be without prejudice to the rights of users under the GDPR, as well as t~~he right to internet anonym~~o the possibility orf being an ~~unidentified user~~onymous on the internet; the new general information requirements should review and further enhance Articles 5 and 10 of the E- Commerce Directive in order to align those measures with the information requirements established in recently adopted legislation, in particular the Unfair Contract Terms Directive5 , the Consumer Rights Directive and the Platform to Business Regulation. __________________ 5 Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, most recently amended by Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council as regards the better enforcement and modernisation of Union consumer protection rules (OJ L 328, 18.12.2019, p. 7).

Amendment 619 #

Pablo ARIAS ECHEVERRÍA, Tomislav SOKOL, Andrey KOVATCHEV, Marion WALSMANN, Romana TOMC, Anna-Michelle ASIMAKOPOULOU, Andreas SCHWAB

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 2 a (new)

- Measures to address the problem of fake profiles of users and service providers should be explored by the Commission. Information society service providers and users should be identifiable by authorities if needed; this would be the case if they commit an illegal activity online. The Commission should come up with measures that allow judiciary authorities to identify and catch in a very agile way those users that carry out illegal activities (to protect both, users and platforms), while preserving the data protection rights of each user. The creation of a digital identity could be a solution to this challenge.

Amendment 62 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Sandro GOZI, Stéphanie YON-COURTIN

Motion for a resolution
Paragraph 1

1. Welcomes the Commission’s commitment to submit a proposal for a Digital Services Act package, and, on the basis of Article 225 of the Treaty on the Functioning of the European Union (TFEU), calls on the Commission to ~~submit such a package on the basis of the relevant Articles of the Treaties,~~ follow~~ing~~ the recommendations set out in the Annex hereto;

Amendment 620 #

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 2 a (new)

- The provisions of Article 5 of the E-Commerce Directive should be further modernised by requiring traders to provide consumers with direct and efficient means of communication such as electronic contact forms, chatbots, instant messaging or telephone callback, provided that the information relating to those means of communication is accessible to consumers in a clear and comprehensible manner.

Amendment 621 #

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 2 a (new)

- The information requirements referred to in Articles 5 and 10 of the E- Commerce Directive should lead to the principle of truthful legal and fiscal reporting of the commercial activities, including passive ones (in particular income from advertising), actually carried out in the territory of a Member State of the Union.

Amendment 622 #

Adam BIELAN, Beata MAZUREK, Eugen JURZYCA, Andżelika Anna MOŻDŻANOWSKA

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – introductory part

~~The Digital Services Act should require service providers to adopt fair and transparent contract terms and general conditions~~Without prejudice to the Consumer Rights Directive and the Unfair Commercial Practices Directive, the Digital Services Act should establish minimum standards for contract terms and general conditions used by service providers and should require them to be fair, accessible, predictable, non-discriminatory and transparent and in compliance with at least the following requirements:

Amendment 623 #

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – introductory part

The Digital Services Act should require service providers to adopt fair and transparent contract terms and general conditions ~~in compliance with at least the following~~combining existing and new requirements:

Amendment 624 #

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 1

- to expressly set out in their contract terms and general conditions that ~~service providers will not store illegal content;~~uploading illegal content bears the full consequences of the applicable law.

Amendment 625 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Svenja HAHN

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 1

- to expressly set out in their contract terms and general conditions that service providers will not knowingly store illegal content;

Amendment 626 #

Adriana MALDONADO LÓPEZ, Clara AGUILERA, Marc ANGEL

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 2

~~- explicitly mentioning in the contract terms and general conditions what is to be understood as illegal content according to the Union or national law applicable to the service(s) being provided;~~deleted

Amendment 627 #

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 2

- explicitly mentioning in the contract terms and general conditions what is to be understood as illegal content according to the Union or national law applicable to the service(s) being provided; clearly setting out policies regarding such content and with regard to repeat offenders and the suspension of accounts;

Amendment 628 #

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 2

- explicitly mentioning in the contract terms and general conditions what is to be understood as illegal content according to the Union or national law ~~applicable to the service(s) being provided;~~

Amendment 629 #

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 2 a (new)

- to ensure that the contract terms and general conditions comply with fundamental rights standards;

Amendment 63 #

Motion for a resolution
Paragraph 1

1. Welcomes the Commission’s commitment to submit a proposal for a Digital Services Act package, and, on the basis of Article 225 of the Treaty on the Functioning of the European Union (TFEU), calls on the Commission to submit such a package on the basis of the relevant Articles of the Treaties, analyses of relevant data and best practices following the recommendations set out in the Annex hereto;

Amendment 630 #

Adam BIELAN, Beata MAZUREK, Eugen JURZYCA, Andżelika Anna MOŻDŻANOWSKA

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 3

~~- to define clear, and unambiguous contract terms and general conditions in a plain and intelligible language;~~deleted

Amendment 631 #

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 4

- to ensure that the contract terms and general conditions comply with these and all information requirements established by Union law, including the Unfair Contract Terms Directive, the Consumer Rights Directive and the GDPR;deleted

Amendment 632 #

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 4

Amendment 633 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Sandro GOZI, Stéphanie YON-COURTIN, Svenja HAHN

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 4

- to ensure that the contract terms and general conditions comply with ~~these and all information requirements established by Union law~~Union law, including any and all relevant information requirements, including those the Unfair Contract Terms Directive, the Consumer Rights Directive and the GDPR;

Amendment 634 #

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 4 a (new)

- to ensure that cancellation process is similarly effortless as the sign-up process (with no “dark patterns” or other influence on consumer decision);

Amendment 635 #

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 5

- to specify clearly and unambiguously in their contract terms and general conditions the exact ~~parameters of their AI systems and how they can affect the choice or behaviour of their users and the reasons and importance of those parameters as opposed to other parameter~~inputs and targeted outputs of their AI systems.

Amendment 636 #

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 5

Amendment 637 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Sandro GOZI, Stéphanie YON-COURTIN, Svenja HAHN

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 5

Amendment 638 #

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 5

- to specify clearly and unambiguously in their contract terms and general conditions the ~~exact~~main parameters ~~of their AI systems and how they can affect the choice or behaviour of their users and the reasons and importance of those parameters as opposed to other parameter~~determining ranking and the reasons for the relative importance of these main parameters as compared to other parameters, in accordance with the Regulation on platform-to-business relations.

Amendment 639 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Sandro GOZI, Stéphanie YON-COURTIN, Svenja HAHN

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 5 a (new)

- start all Terms and Conditions agreements and all End-User Licensing Agreements with a summary statement based on a framework and document template, to be created by the Commission.

Amendment 64 #

Alex AGIUS SALIBA

Motion for a resolution
Paragraph 1

1. Welcomes the Commission’s commitment to submit a proposal for a Digital Services Act package, and, on the basis of Article 225 of the Treaty on the Functioning of the European Union (TFEU), calls on the Commission to submit such a package on the basis of the relevant Articles of the Treaties and in particular Article 114 TFEU, following the recommendations set out in the Annex hereto;

Amendment 640 #

Róża THUN UND HOHENSTEIN, Andrey KOVATCHEV, Maria da Graça CARVALHO, Tomislav SOKOL

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 5 a (new)

- to notify users whenever they change their terms of service or community standards and to provide meaningful explanation about any substantial changes to terms of service.

Amendment 641 #

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 3

3. ~~Transparency r~~Requirements on commercial communications

Amendment 642 #

Alex AGIUS SALIBA, Adriana MALDONADO LÓPEZ, Maria-Manuel LEITÃO-MARQUES, Clara AGUILERA, Brando BENIFEI, Andreas SCHIEDER, Marc ANGEL, Evelyne GEBHARDT, Biljana BORZAN

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 3 – indent 2

- Building upon Article 6 of the E- Commerce Directive, the new measures should establish a new framework for Platform to Consumer relations on meaningful transparency and accountability provisions regarding online advertising, digital nudging and preferential treatment; ~~paid advertisements or paid placement in a ranking of search results should be identified in a clear, concise, and intelligible manner;~~ those measures should: - enable consumers with an option not to be tracked or (micro)-targeted and to opt- in for the use of behavioural data for advertising purposes, as well as an opt-in option for political advertising and ads; - provide consumers with access to their dynamic marketing profiles, so that they are informed on whether and for what purposes they are tracked and if the information they receive is for advertising purposes; - guarantee the right for consumers to contest any decision that undermines their interests including through collective redress mechanisms; - ensure that paid advertisements or paid placement in a ranking of search results should be identified in a clear, concise, and intelligible manner; - specify the grounds on which service providers and traders cannot discriminate and provide guidance on what practices count as aggressive advertising whilst encouraging consumer-friendly AI- technologies; - provide access to advertising delivery data in proper formats to verify the exposure of advertisers, the performance of paid vs unpaid advertising and the compliance with minimal diversification requirements.

Amendment 643 #

Maria GRAPINI, Clara AGUILERA, Adriana MALDONADO LÓPEZ

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 3 – indent 2

- Building upon Article 6 of the E- Commerce Directive, the new measures should establish a new framework for Platform to Consumer relations on transparency provisions regarding advertising, digital nudging and preferential treatment; paid advertisements or paid placement in a ranking of search results should be identified in a clear, concise, and intelligible manner in line with Directive (EU) 2019/2161;

Amendment 644 #

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 3 – indent 2

- Building upon Article 6 of the E- Commerce Directive, the new measures should establish a new framework for Platform to Consumer relations on transparency provisions regarding advertising, information, digital nudging and preferential treatment; paid advertisements or paid placement in a ranking of search results should be identified in a clear, concise, and intelligible manner;

Amendment 645 #

Pablo ARIAS ECHEVERRÍA, Róża THUN UND HOHENSTEIN, Tomislav SOKOL, Andrey KOVATCHEV, Edina TÓTH, Maria da Graça CARVALHO, Kris PEETERS, Romana TOMC, Andreas SCHWAB

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 3 – indent 3

- The transparency requirements should include the obligation to disclose who is paying for the advertising, including both direct and indirect payments or any other contributions received by service providers; those requirements should apply also to platforms, even if they are established in third countries; consumers and public authorities should be able to identify who should be held accountable in case of, for example, false or misleading advertisement; these transparency requirements should also empower advertisers vis-a-vis advertising services, when it comes to where and when ads are placed; more efforts are needed to make sure that illegal activities cannot be funded via advertising services;

Amendment 646 #

Andreas SCHIEDER, Adriana MALDONADO LÓPEZ, Clara AGUILERA

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 3 – indent 3

- The transparency requirements should include the obligation to disclose who is paying for the advertising, including both direct and indirect payments or any other contributions received by service providers; those requirements should apply also to platforms, even if they are established in third countries; consumers and public authorities should be able to identify who should be held accountable in case of, for example, false or misleading advertisement; the online advertising industry, which places commercials on websites, should be liable for the swift establishment of the legal status (change of ban on the incriminated advertising);

Amendment 647 #

Adam BIELAN, Beata MAZUREK, Eugen JURZYCA, Andżelika Anna MOŻDŻANOWSKA

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 3 – indent 3

- ~~The~~If technically feasible, proportionate and proven to provide the added-value, transparency requirements shcould include the obligation to disclose who is paying for the advertising, including both direct and indirect payments or any other contributions received by service providers; those requirements should apply also to platforms, even if they are established in third countries; consumers and public authorities should be able to identify who should be held accountable in case of, for example, false or misleading advertisement;

Amendment 648 #

Pablo ARIAS ECHEVERRÍA, Róża THUN UND HOHENSTEIN, Tomislav SOKOL, Andrey KOVATCHEV, Maria da Graça CARVALHO, Marion WALSMANN, Romana TOMC

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 3 – indent 3

Amendment 649 #

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 3 – indent 3 a (new)

- The transparency requirements should also apply to targeted adverts; criteria for profiling targeted groups and optimisation of advertising campaigns must be made clear to verify any abuse. Users should be aware and have previously given their consent if they are going to receive targeted adverts;

Amendment 65 #

Motion for a resolution
Paragraph 1 a (new)

1a. Calls on the Commission, in drafting the Digital Services Act, to take into account legislation covering digital services which has not yet taken effect, such as Regulation 2019/1150 on promoting fairness and transparency for business users of online intermediation services and Directive 2019/790 on copyright and related rights in the digital single market and amending Directives 96/9/EC and 2001/29/EC;

Amendment 650 #

Pablo ARIAS ECHEVERRÍA, Róża THUN UND HOHENSTEIN, Tomislav SOKOL, Andrey KOVATCHEV, Maria da Graça CARVALHO, Marion WALSMANN, Kris PEETERS, Andreas SCHWAB, Romana TOMC

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 3 – indent 3 a (new)

- The transparency requirements should include an obligation for online platforms to inform consumers once a product they have bought has been removed from their platform following notification on its non-compliance with the EU product safety and consumer protection rules;

Amendment 651 #

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 3 – indent 3 b (new)

- Specific requirements in regard to behavioural advertising, including micro targeting, should be introduced in order to protect public interest; behavioural advertising based on certain characters, i.e. exposing mental or physical vulnerabilities, should not be allowed at all, while some other characteristics should be allowed only under the opt-in condition by the users;

Amendment 652 #

Alex AGIUS SALIBA, Adriana MALDONADO LÓPEZ, Maria-Manuel LEITÃO-MARQUES, Clara AGUILERA, Brando BENIFEI, Maria GRAPINI, Andreas SCHIEDER, Marc ANGEL

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 3 – indent 4

- if proven by analyses, Article 7 of the E-Commerce Directive should be revised or supported by effective enforcement measures in order to protect consumers from unsolicited commercial communications online.

Amendment 653 #

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 3 – indent 4

- Article 7 of the E-Commerce Directive should be revised in order to protect consumers from unsolicited commercial communications online. and to regulate more strictly the use of targeted advertising online;

Amendment 654 #

Adam BIELAN, Beata MAZUREK, Eugen JURZYCA, Andżelika Anna MOŻDŻANOWSKA

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 3 – indent 3 a (new)

3a. Proactive complementary measures to information and transparency obligations, such as implementing ‘due diligence’ plans. Active hosts must set up and implement due diligence plan, the practical modalities of which could be established by respective national competent authorities and regulators. The plan could be based on the following principles: identifying the risks, preventing infringements through application of effective, proportionate and specific ex- ante measures, remedying the negative consequences and reporting on remedies.

Amendment 655 #

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4

~~4. Artificial Intelligence and machine learning~~deleted

Amendment 656 #

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4

~~4. Artificial Intelligence and machine learning~~deleted

Amendment 657 #

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4

4. ~~Artificial Intelligence and machine learning~~Content moderation, prioritisation and personalisation

Amendment 658 #

Adam BIELAN, Beata MAZUREK, Eugen JURZYCA, Andżelika Anna MOŻDŻANOWSKA

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4

~~The revised provisions should: - non-discrimination, transparency, oversight and risk assessment of algorithms for AI-driven servic~~deleted establish comprehensive rules ion order to ensure a higher level of consumer protection; - liability and redress mechanisms to deal with potential harms resulting from the use of AI applications and machine learning tools; - and security by default;establish clear accountability, establish the principle of safety

Amendment 659 #

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4

Amendment 66 #

Motion for a resolution
Paragraph 1 a (new)

1a. Reiterates that the European Parliament resolution of 15 June 2017 on online platforms and the digital single market (2016/2276(INI)) is still up to date;

Amendment 660 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 1

~~- establish comprehensive rules on non-discrimination, transparency, oversight and risk assessment of algorithms for AI-driven services in order to ensure a higher level of consumer protection;~~deleted

Amendment 661 #

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 1

- establish comprehensive rules on non-discrimination, transparency on the data set, oversight and risk assessment of algorithms for AI- driven services by national regulator authorities in order to ensure a higher level of consumer protection where there are gaps in current legislation;

Amendment 662 #

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 1

- establish comprehensive rules on non-discrimination, input and output transparency, oversight and risk assessment of algorithms for AI- driven services in order to ensure a ~~higher~~n effective level of consumer protection, maximizing consumer welfare;

Amendment 663 #

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 1

- establish comprehensive rules on non-discrimination, transparency, oversight and risk assessment of algorithms for AI- driven services in high-risk sectors in order to ensure a higher level of consumer protection;

Amendment 664 #

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 1 a (new)

- establish mechanisms for evaluating artificial intelligence technologies on a sectoral basis which would be based on the promotion of human control and the importance of data provision;

Amendment 665 #

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 2

~~- establish clear accountability, liability and redress mechanisms to deal with potential harms resulting from the use of AI applications and machine learning tools;~~deleted

Amendment 666 #

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 2 a (new)

- create a recurring risk assessment obligation for automated decision-making tools; such a provision would be agreed after consulting with content hosting providers and other stakeholders and its implementation will be monitored by the authority of the legally accountable, competent Member State or, for providers active in more than one country, the European authority;

Amendment 667 #

Alex AGIUS SALIBA, Adriana MALDONADO LÓPEZ, Maria-Manuel LEITÃO-MARQUES, Clara AGUILERA, Brando BENIFEI, Maria GRAPINI, Andreas SCHIEDER, Evelyne GEBHARDT, Sylvie GUILLAUME

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3

~~- establish the principle of safety and security by default;~~deleted

Amendment 668 #

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3

- establish the principle of safety and security by default; as well as diversity “by- design”.

Amendment 669 #

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3

- establish the principle of safety and security design and by default;

Amendment 67 #

Alex AGIUS SALIBA, Adriana MALDONADO LÓPEZ, Maria-Manuel LEITÃO-MARQUES, Clara AGUILERA, Brando BENIFEI, Maria GRAPINI, Andreas SCHIEDER, Evelyne GEBHARDT, Sylvie GUILLAUME

Motion for a resolution
Paragraph 1 b (new)

1b. Reminds that it is of an utmost importance to prepare the proposal cautiously, following facts, statistics and best practices rather than several condemnable cases, outdated or partial statistics, in order to avoid any unintended consequences, hampering innovation and choice of consumers; stresses that gold- plating practices of Union legislation by Member States and unnecessary regulatory burdens or unnecessary restrictions must be avoided and the new obligations for platforms should be proportional and their meaning clear;

Amendment 670 #

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 a (new)

- develop a European framework on artificial intelligence in the area of ecommerce and digital services based on fairness, accuracy, confidentiality and transparency.

Amendment 671 #

Martin SCHIRDEWAN, Emmanuel MAUREL, Stelios KOULOGLOU

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 a (new)

- establish more transparency regarding ranking results and end the “attention- seeking” profiling business model of digital markets, in order to reduce the spread of controversial content and to give users more choice on how rankings are presented;

Amendment 672 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Sandro GOZI, Stéphanie YON-COURTIN, Svenja HAHN

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 a (new)

- be on a case by case basis and not require a blanket investigation of all AI systems

Amendment 673 #

Alex AGIUS SALIBA, Adriana MALDONADO LÓPEZ, Maria-Manuel LEITÃO-MARQUES, Clara AGUILERA, Brando BENIFEI, Maria GRAPINI, Andreas SCHIEDER, Evelyne GEBHARDT, Sylvie GUILLAUME

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 b (new)

- with regard to accountability of algorithms used for targeted advertising, introduce fairness criteria for ad optimisation, and allow for external audits and verification of algorithmic design choices that involve information about individuals.

Amendment 674 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Sandro GOZI, Stéphanie YON-COURTIN, Svenja HAHN

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 b (new)

- allow authorities to check algorithms when they have justified reasons to believe that it has algorithmic bias,

Amendment 675 #

Alex AGIUS SALIBA, Adriana MALDONADO LÓPEZ, Maria-Manuel LEITÃO-MARQUES, Clara AGUILERA, Brando BENIFEI, Maria GRAPINI, Andreas SCHIEDER, Evelyne GEBHARDT, Sylvie GUILLAUME

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 c (new)

- ascertain effective and efficient rights, institutions and procedures for AI developers to certify the reliability of their models and to properly address and exploit the impact of upcoming technological developments.

Amendment 676 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Liesje SCHREINEMACHER, Sandro GOZI, Stéphanie YON-COURTIN, Svenja HAHN

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 c (new)

- be subject to clear confidentiality and protection of trade secret rules;

Amendment 677 #

Alex AGIUS SALIBA, Adriana MALDONADO LÓPEZ, Maria-Manuel LEITÃO-MARQUES, Clara AGUILERA, Brando BENIFEI, Maria GRAPINI, Andreas SCHIEDER, Evelyne GEBHARDT, Sylvie GUILLAUME

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 d (new)

- ensure an approach social dialogue and effective information and consultation of workers before introducing AI technologies and solutions which have impacts on working and employment conditions, in particular with regard to the use of algorithms;

Amendment 678 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Sandro GOZI, Stéphanie YON-COURTIN, Svenja HAHN

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 d (new)

- ensure that consumers are protected by the right to be informed and the right to an explanation of AI services, in addition to the right to switch off or limit an AI system using personalization where possible;

Amendment 679 #

Alex AGIUS SALIBA, Adriana MALDONADO LÓPEZ, Maria-Manuel LEITÃO-MARQUES, Clara AGUILERA, Brando BENIFEI, Maria GRAPINI, Andreas SCHIEDER, Evelyne GEBHARDT, Sylvie GUILLAUME

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 e (new)

- guarantee the respect of the ‘human in command principle and ensure the protection of data and privacy of workers at work, reinforcing the GDPR rules at the workplace;

Amendment 68 #

Motion for a resolution
Paragraph 1 b (new)

1b. Stresses that inadequate compliance with current legislation in the digital sector contributes to fragmentation of the internal market and creates uncertainty for consumers; calls on the Commission to take steps to improve compliance with legislation in the digital economy in parallel with the development of new legislation;

Amendment 680 #

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 5

~~5. Penalties~~deleted

Amendment 681 #

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 5

~~The compliance of the due diligence provisions should be reinforced with effective, proportionate and dissuasive penalties, including the imposition of fines.~~deleted

Amendment 682 #

Beata MAZUREK, Eugen JURZYCA, Andżelika Anna MOŻDŻANOWSKA

Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 5

The compliance of the due diligence provisions should be reinforced with effective, proportionate and dissuasive penalties, including the imposition of fines, without prejudice to the penal autonomy of the Member States or the powers of the European Public Prosecutor's Office.

Amendment 683 #

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 4

The compliance of the due diligence provisions should be reinforced with effective, proportionate and dissuasive penalties, including the imposition of fines, which shall be proportionate to the systemic failures in question.

Amendment 684 #

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 4

The compliance of the due diligence provisions should be reinforced with effective, proportionate and dissuasive penalties, including the imposition of reasonable fines.

Amendment 685 #

Pablo ARIAS ECHEVERRÍA, Pilar del CASTILLO VERA, Tomislav SOKOL, Andrey KOVATCHEV, Romana TOMC

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 4

The compliance of the due diligence provisions should be reinforced with effective, proportionate and dissuasive penalties, including the imposition of deterrent fines.

Amendment 686 #

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 4

The compliance of the due diligence provisions should be reinforced with effective, proportionate and dissuasive penalties~~, including the imposition of fines.~~;

Amendment 687 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Svenja HAHN

Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 4

The compliance of the ~~due diligence~~ provisions should be reinforced with effective, proportionate and dissuasive penalties, including the imposition of fines.

Amendment 688 #

Róża THUN UND HOHENSTEIN, Andrey KOVATCHEV, Maria da Graça CARVALHO, Tomislav SOKOL, Krzysztof HETMAN

Motion for a resolution
Annex I – part V – title

V. MEASURES RELATED TO TACKLING ILLEGAL AND HARMFUL CONTENT ONLINE

Amendment 689 #

Motion for a resolution
Annex I – part V – paragraph 1 – introductory part

The Digital Services Act or other ancillary non-legislative measures should provide clarity and guidance regarding how online intermediaries should tackle illegal content online while fully respecting the “no general monitoring” principle. The revised rules of the E- Commerce Directive should:

Amendment 69 #

Róża THUN UND HOHENSTEIN, Andrey KOVATCHEV, Maria da Graça CARVALHO, Tomislav SOKOL, Krzysztof HETMAN

Motion for a resolution
Paragraph 1 c (new)

1c. Encourages the Commission to work on a clear and easily understandable text for all related parties, such as consumers, enforcement authorities and information society services, which would not have to be subject of wide interpretation by the Court of Justice of the EU;

Amendment 690 #

Motion for a resolution
Annex I – part V – paragraph 1 – introductory part

The Digital Services Act should provide clarity and guidance regarding how online intermediaries should tackle illegal and harmful content online. The revised rules of the E- Commerce Directive should:

Amendment 691 #

Motion for a resolution
Annex I – part V – paragraph 1 – indent 1

- clarify that any removal or disabling access to illegal content should not affect the fundamental rights and the legitimate interests of users and consumers, including persons who put the content online when it is the subject of abusive or disproportionate reporting and moderation measures;

Amendment 692 #

Motion for a resolution
Annex I – part V – paragraph 1 – indent 1

- clarify that any removal or disabling access to illegal content should not affect the fundamental rights and the legitimate interests of users and consumers; and that legal content should stay online;

Amendment 693 #

Róża THUN UND HOHENSTEIN, Andrey KOVATCHEV, Maria da Graça CARVALHO, Tomislav SOKOL, Krzysztof HETMAN

Motion for a resolution
Annex I – part V – paragraph 1 – indent 1

- clarify that any removal or disabling access to illegal content should not affect the fundamental rights ~~and~~, the legitimate interests of users and consumers and technological innovation;

Amendment 694 #

Motion for a resolution
Annex I – part V – paragraph 1 – indent 1

- clarify that any removal or disabling access to illegal or harmful content should not affect the fundamental rights and the legitimate interests of users and consumers;

Amendment 695 #

Motion for a resolution
Annex I – part V – paragraph 1 – indent 1 a (new)

- a decision made by online intermediaries whether content uploaded by users is legal should be provisional, they should not be held liable for it as only a Member State authority and court could decide in the final instance what is illegal content;

Amendment 696 #

Motion for a resolution
Annex I – part V – paragraph 1 – indent 2

- enhance the central role played by ~~onlin~~the inter~~mediaries~~net in facilitating the public debate and the free dissemination of facts, opinions, and ideas;

Amendment 697 #

Motion for a resolution
Annex I – part V – paragraph 1 – indent 2 a (new)

- information society service providers shall be liable unless they made best efforts to prevent future uploads of notified works to which access has been disabled or removed from their websites;

Amendment 698 #

Adriana MALDONADO LÓPEZ, Clara AGUILERA, Marc ANGEL

Motion for a resolution
Annex I – part V – paragraph 1 – indent 3

- preserve the underlying legal principle that ~~online intermediarie~~passive online hosting providers should not be held directly liable for the acts of their users ~~and that online intermediaries can continue moderating legal content under fair and transparent terms and conditions of service, provided that they are applicable in a non-discriminatory manner;~~on condition that: (a) The provider does not have actual knowledge of illegal activity or information and, as regards claims for damages, is not aware of facts or circumstances from which the illegal activity or information is apparent; and (b) The provider, upon obtaining such knowledge or awareness, acts expeditiously to remove or to disable access to the information.

Amendment 699 #

Motion for a resolution
Annex I – part V – paragraph 1 – indent 3

- preserve the underlying legal principle that online technical, automatic and passive intermediaries should not be held directly liable for the acts of their users ~~and that online intermediaries can continue moderating legal content under fair and transparent terms and conditions of service, provided that they are applicable in a non-discriminatory manner~~;

Amendment 7 #

Adam BIELAN, Beata MAZUREK, Eugen JURZYCA, Andżelika Anna MOŻDŻANOWSKA

Motion for a resolution
Citation 3 a (new)

- having regard to the Communication from the Commission of 10 March 2020, entitled “An SME Strategy for a sustainable and digital Europe” (COM/2020/103),

Amendment 70 #

Motion for a resolution
Paragraph 1 c (new)

1c. Calls on the Commission to propose the Digital Services Act as a regulation to reduce the risk of fragmentation of the digital single market;

Amendment 700 #

Motion for a resolution
Annex I – part V – paragraph 1 – indent 3

- preserve the underlying legal principle that technical, automatic and passive online intermediaries should not be held directly liable for the acts of their users ~~and that online intermediaries can continue moderating legal content under fair and transparent terms and conditions of service, provided that they are applicable in a non-discriminatory manner~~;

Amendment 701 #

Motion for a resolution
Annex I – part V – paragraph 1 – indent 3

- preserve the underlying legal principle that online intermediaries should not be held directly liable for the acts of their users and that online intermediaries can continue moderating legal content under fair and transparent terms and conditions of service, will not be punished if they failed to detect all illegal content, provided that they are applicable in a non- discriminatory manner ;

Amendment 702 #

Motion for a resolution
Annex I – part V – paragraph 1 – indent 3

- preserve the underlying legal principle that online intermediaries should not be held directly liable for the acts of their users and that online intermediaries can continue moderating legal content under fair accessible, predictable and transparent terms and conditions of service, provided that they are applicable in a non- discriminatory manner;

Amendment 703 #

Motion for a resolution
Annex I – part V – paragraph 1 – indent 3

- preserve the underlying legal principle that passive online intermediaries should not be held directly liable for the acts of their users and that online intermediaries can continue moderating legal content under fair and transparent terms and conditions of service, provided that they are applicable in a non- discriminatory manner;

Amendment 704 #

Motion for a resolution
Annex I – part V – paragraph 1 – indent 3

Amendment 705 #

Martin SCHIRDEWAN, Emmanuel MAUREL, Stelios KOULOGLOU

Motion for a resolution
Annex I – part V – paragraph 1 – indent 3

- preserve the underlying legal principle that online intermediaries should not be held directly liable for the acts of their users and that online intermediaries can continue moderating illegal content under fair and transparent terms and conditions of service, provided that they are applicable in a non-discriminatory manner;

Amendment 706 #

Motion for a resolution
Annex I – part V – paragraph 1 – indent 3

- preserve the underlying legal principle that online intermediaries should not be held directly liable for the acts of their users ~~and that online intermediaries can continue moderating legal content under fair and transparent terms and conditions of service, provided that they are applicable in a non-discriminatory manner;~~. In case filters are applied, they need to be accompanied by robust safeguards for transparency and accountability with highly skilled independent and impartial public oversight.

Amendment 707 #

Motion for a resolution
Annex I – part V – paragraph 1 – indent 3 a (new)

- clarify that online intermediaries who play an active role should not benefit from the exemption of liability granted by the e-commerce directive.

Amendment 708 #

Motion for a resolution
Annex I – part V – paragraph 1 – indent 3 a (new)

- clarify that online intermediaries who play an active role should not benefit from the exemption of liability granted by the E-Commerce Directive.

Amendment 709 #

Motion for a resolution
Annex I – part V – paragraph 1 – indent 3 a (new)

- involve the Member States in assessing the legality of the content, taking into account national specificities in this area;

Amendment 71 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Liesje SCHREINEMACHER, Sandro GOZI, Stéphanie YON-COURTIN

Motion for a resolution
Paragraph 1 d (new)

1d. Reiterates its belief that an evidence-based approach is essential for generating a comprehensive understanding in this field; asks the Commission to provide a detailed analysis on the need for and impact of the Digital Single Act package;

Amendment 710 #

Motion for a resolution
Annex I – part V – paragraph 1 – indent 4

- introduce new transparency and independent national oversight of the content moderation procedures and tools related to the removal of illegal content online; such systems and procedures should be available for auditing and testing by ~~independent~~national authorities. of the country of origin;

Amendment 711 #

Róża THUN UND HOHENSTEIN, Andrey KOVATCHEV, Maria da Graça CARVALHO, Tomislav SOKOL, Krzysztof HETMAN

Motion for a resolution
Annex I – part V – paragraph 1 – indent 4

- introduce new transparency and independent oversight of the content moderation procedures and tools related to the removal of illegal and harmful content online; such systems and procedures should be available for auditing and testing by independent authorities.

Amendment 712 #

Motion for a resolution
Annex I – part V – paragraph 1 – indent 4

- introduce new transparency and independent oversight of the content moderation procedures and voluntary tools related to the removal of illegal content online; such systems and procedures should be available for auditing and testing by independent authorities.

Amendment 713 #

Andreas SCHIEDER, Adriana MALDONADO LÓPEZ, Clara AGUILERA, Maria GRAPINI

Motion for a resolution
Annex I – part V – paragraph 1 – indent 4

- introduce new transparency and independent oversight of the content moderation procedures and tools related to the removal of illegal content online; such ~~systems and~~ procedures should be available for auditing ~~and testing~~ by independent authorities.

Amendment 714 #

Motion for a resolution
Annex I – part V – paragraph 1 – indent 4 a (new)

- safeguard the principle “what is illegal offline is also illegal online” and the principle "taxes and duties must be paid in that country where the economic activity takes place”.

Amendment 715 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Svenja HAHN

Motion for a resolution
Annex I – part V – paragraph 1 – indent 4 a (new)

- adapt the severity of the measures that need to be taken by service providers to the seriousness of the infringement;

Amendment 716 #

Andreas SCHIEDER, Adriana MALDONADO LÓPEZ, Clara AGUILERA, Maria GRAPINI

Motion for a resolution
Annex I – part V – paragraph 1 – indent 4 b (new)

- require providers to actively share with Member States the information necessary for detecting illegal information posted or illegal activities undertaken by recipients of their service;

Amendment 717 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Svenja HAHN

Motion for a resolution
Annex I – part V – paragraph 1 – indent 4 b (new)

- ensure that the access and removal of illegal content does not require the closure of access to overall sites and services which are otherwise legal and only affect the exact noticed content.

Amendment 718 #

Adam BIELAN, Beata MAZUREK, Andżelika Anna MOŻDŻANOWSKA

Motion for a resolution
Annex I – part V – subheading 1

1. A notice-and-~~actio~~takedown mechanism

Amendment 719 #

Motion for a resolution
Annex I – part V – paragraph 2 – introductory part

The Digital Services Act should establish a harmonised and ~~legally~~ enforceable notice- and-~~actio~~ takedown mechanism based on a set of clear processes ~~and precise timeframes~~ for each step of the notice- and-~~actio~~takedown procedure. That procedure should be completed by the counter-notice mechanism. That notice-and-~~actio~~takedown mechanism should:

Amendment 72 #

Motion for a resolution
Paragraph 1 e (new)

1e. Is disappointed that although the Commission was supposed to have been working on gathering information at the time of the adoption of European Parliament resolution of 15 June 2017 on online platforms and the digital single market (2016/2276(INI)) , it has not yet released relevant information, statistics, data, comparisons of best practices needed to prepare responsible direction for a new proposal;

Amendment 720 #

Motion for a resolution
Annex I – part V – paragraph 2 – introductory part

The Digital Services Act should establish a differentiated, harmonised and legally enforceable notice- and-action mechanism based on a set of clear processes and precise timeframes for each step of the notice-and-action procedure. That notice- and-action mechanism should:

Amendment 721 #

Motion for a resolution
Annex I – part V – paragraph 2 – introductory part

The Digital Services Act should establish a harmonised and legally enforceable notice- and-action mechanism based on a set of clear processes ~~and precise timeframes~~ for each step of the notice- and-action procedure. That notice-and- action mechanism should:

Amendment 722 #

Róża THUN UND HOHENSTEIN, Andrey KOVATCHEV, Maria da Graça CARVALHO, Tomislav SOKOL, Krzysztof HETMAN

Motion for a resolution
Annex I – part V – paragraph 2 – introductory part

The Digital Services Act should ~~establish a harmonised and legally enforceable~~create non-binding guidelines for notice-and- action mechanism based on a set of clear processes and precise timeframes for each step of the notice-and- action procedure. That notice-and-action mechanism should:

Amendment 723 #

Motion for a resolution
Annex I – part V – paragraph 2 – indent 1

- apply to illegal online content or behaviour as well as to harmful content including disinformation;

Amendment 724 #

Motion for a resolution
Annex I – part V – paragraph 2 – indent 1

- apply only to illegal online content or behaviour;

Amendment 725 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Svenja HAHN

Motion for a resolution
Annex I – part V – paragraph 2 – indent 2

- rank different types of providers, sectors and/or illegal content in order to appreciate the seriousness of the infringement;

Amendment 726 #

Róża THUN UND HOHENSTEIN, Andrey KOVATCHEV, Maria da Graça CARVALHO, Tomislav SOKOL, Krzysztof HETMAN

Motion for a resolution
Annex I – part V – paragraph 2 – indent 2

- ~~rank~~differentiate among different types of providers, sectors and/or illegal content;

Amendment 727 #

Motion for a resolution
Annex I – part V – paragraph 2 – indent 2

- rank different types of providers, sectors and/or illegal and harmful content;

Amendment 728 #

Motion for a resolution
Annex I – part V – paragraph 2 – indent 2

- rank different types of ~~providers, sectors and/or~~ illegal content;

Amendment 729 #

Motion for a resolution
Annex I – part V – paragraph 2 – indent 2 a (new)

- establish a differentiated liability regime proportional to the size of the platform, and depending on whether it is considered passive or active;

Amendment 73 #

Motion for a resolution
Paragraph 1 f (new)

1f. Given the specific nature of the services covered by the E-Commerce Directive and the need to involve highly specialized experts, asks the Commission to provide a detailed quantification of the financial burden of the future proposal on the Union budget and the budgets of the Member States;

Amendment 730 #

Motion for a resolution
Annex I – part V – paragraph 2 – indent 2 a (new)

- offer different notification categories for different types of illegal content;

Amendment 731 #

Róża THUN UND HOHENSTEIN, Andrey KOVATCHEV, Maria da Graça CARVALHO, Tomislav SOKOL, Krzysztof HETMAN

Motion for a resolution
Annex I – part V – paragraph 2 – indent 3

- create easily accessible, reliable and user-friendly procedures tailored to the type of content;

Amendment 732 #

Motion for a resolution
Annex I – part V – paragraph 2 – indent 4

- allow users to easily notify by electronic means potentially illegal or harmful online content or behaviour to online intermediaries;

Amendment 733 #

Motion for a resolution
Annex I – part V – paragraph 2 – indent 5

- clarify, in an intelligible way, existing concepts and processes such as “expeditious action” which should not result in extreme timeframes such as one hour removal time that is unfeasible especially for smaller intermediaries, “actual knowledge and awareness”, “targeted actions”, “notices' formats”, and “validity of notices”;

Amendment 734 #

Motion for a resolution
Annex I – part V – paragraph 2 – indent 6

~~- guarantee that notices will not automatically trigger legal liability nor should they impose any removal requirement, for specific pieces of the content or for the legality assessment;~~deleted

Amendment 735 #

Motion for a resolution
Annex I – part V – paragraph 2 – indent 6

- guarantee that notices, unless being issued by a judicial authority, will not automatically trigger legal liability nor should they impose any removal requirement, for specific pieces of the content or for the legality assessment;

Amendment 736 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Sandro GOZI, Stéphanie YON-COURTIN, Svenja HAHN

Motion for a resolution
Annex I – part V – paragraph 2 – indent 7

- require notices to be sufficiently precise and adequately substantiated so as to allow the service provider receiving them to take an informed and diligent decision as regards the effect to be given to the notice and specify the requirements necessary to ensure that notices are of a good quality, thereby enabling a swift removal of illegal content; such requirement should include the name and contact details of the notice provider, the link (URL) to the allegedly illegal content in question, the stated reason for the claim including an explanation of the reasons why the notice provider considers the content to be illegal, and if necessary, depending on the type of content, additional evidence for the claim;

Amendment 737 #

Róża THUN UND HOHENSTEIN, Andrey KOVATCHEV, Maria da Graça CARVALHO, Tomislav SOKOL, Krzysztof HETMAN

Motion for a resolution
Annex I – part V – paragraph 2 – indent 7

- specify the requirements necessary to ensure that notices are of a good quality, thereby enabling a swift removal of illegal content; such a requirement should include the name and contact details of the notice provider, the l~~ink~~ocation of (URL) to the allegedly illegal content in question, an indication of the time and date when the alleged wrongdoing was committed, the stated reason for the claim including an explanation of the reasons why the notice provider considers the content to be illegal, and if necessary, depending on the type of content, additional evidence for the claim, a declaration of good faith that the information provided is accurate and information on how to issue a counter- notice;

Amendment 738 #

Motion for a resolution
Annex I – part V – paragraph 2 – indent 7

- specify the requirements necessary to ensure that notices are of a good quality, thereby enabling a swift removal of illegal content; such requirement should include the name and contact details of the notice provider, the link (URL) to the allegedly illegal or harmful content in question, the stated reason for the claim including an explanation of the reasons why the notice provider considers the content to be illegal, and if necessary, depending on the type of content, additional evidence for the claim;

Amendment 739 #

Motion for a resolution
Annex I – part V – paragraph 2 – indent 7

- specify the requirements necessary to ensure that notices are of a good quality, thereby enabling a swift removal of illegal content; such requirement should include the name and contact details of the notice provider, ~~the link (URL) to the allegedly~~information identifying the illegal content in question, the stated reason for the claim including an explanation of the reasons why the notice provider considers the content to be illegal, and if necessary, depending on the type of content, additional evidence for the claim;

Amendment 74 #

Motion for a resolution
Paragraph 1 g (new)

1g. Welcomes the Commission soft- law instruments used in recent years to help understanding of legislative environment of platforms for all stakeholders, such as Commission Recommendation (EU) 2018/334 of 1 March 2018 on measures to effectively tackle illegal content online; believes that the Commission should issue guidelines and recommendations for explaining digital services regulatory environment in order to secure rights of online users while stimulating innovation;

Amendment 740 #

Pablo ARIAS ECHEVERRÍA, Pilar del CASTILLO VERA, Róża THUN UND HOHENSTEIN, Tomislav SOKOL, Andrey KOVATCHEV, Romana TOMC

Motion for a resolution
Annex I – part V – paragraph 2 – indent 7 a (new)

- prescribe that both the alert and the decision which follows it and the notification which is made to the supplier of the notified content cite or mention specifically the alleged illegal content, in particular where it results in the suspension of a service or an account, in order to ensure legal certainty and freedom of expression and to serve as a basis for an effective remedy;

Amendment 741 #

Motion for a resolution
Annex I – part V – paragraph 2 – indent 8

~~- allow for the submission of anonymous complaints;~~deleted

Amendment 742 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Liesje SCHREINEMACHER, Sandro GOZI, Stéphanie YON-COURTIN

Motion for a resolution
Annex I – part V – paragraph 2 – indent 8

- allow for the ~~submission of anonymous complaints~~notice provider to provide their contact details, without this being required, but while recording the IP address or other equivalent of the provider in order to prevent abuse;

Amendment 743 #

Motion for a resolution
Annex I – part V – paragraph 2 – indent 8

- allow for the submission of anonymous ~~complaints~~notices for certain manifestly illegal content as that can help increasing the removal of illegal content;

Amendment 744 #

Pablo ARIAS ECHEVERRÍA, Pilar del CASTILLO VERA, Róża THUN UND HOHENSTEIN, Tomislav SOKOL, Andrey KOVATCHEV, Romana TOMC

Motion for a resolution
Annex I – part V – paragraph 2 – indent 8

- allow for the submission of anonymous complaints, unless in cases of violations of personality rights or intellectual property rights;

Amendment 745 #

Motion for a resolution
Annex I – part V – paragraph 2 – indent 9

~~- consider, when a complaint is not anonymous, a declaration of good faith that the information provided is accurate;~~deleted

Amendment 746 #

Motion for a resolution
Annex I – part V – paragraph 2 – indent 9

~~- consider, when a complaint is not anonymous, a declaration of good faith that the information provided is accurate;~~deleted

Amendment 747 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Liesje SCHREINEMACHER, Sandro GOZI, Stéphanie YON-COURTIN, Svenja HAHN

Motion for a resolution
Annex I – part V – paragraph 2 – indent 9

- consider~~, when a complaint is not anonymous,~~ a declaration of good faith that the information provided is accurate;

Amendment 748 #

Motion for a resolution
Annex I – part V – paragraph 2 – indent 10

- set up safeguards and provide for sanctions to prevent abusive behaviour by users who systematically and repeatedly and with mala fide submit wrongful or abusive notices;

Amendment 749 #

Motion for a resolution
Annex I – part V – paragraph 2 – indent 11

- create an obligation for the online intermediaries to verify the notified content and reply to the notice provider and the content uploader with a reasoned decision; such a requirement to reply should include the reasoning behind the decision, how the decision was made, if the decision was made by a human or an automated decision agent and information about the possibility to appeal this decision by either party with the intermediary, courts or other entities;

Amendment 75 #

Motion for a resolution
Paragraph 2

2. Recognises the importance of the legal framework set out by the E- Commerce Directive in the development of online services in the Union and in particular its internal market clause, through which home country control and the obligation on Member States to ensure the free movement of information society services have been established; calls however on an update of the territorial scope to include information society services not established in the Union, where their activities are related to: (a) the offering of goods or services, irrespective of whether a payment is required, to consumers or users in the Union; or (b) the monitoring of their behaviour as far as their behaviour takes place within the Union;

Amendment 750 #

Pablo ARIAS ECHEVERRÍA, Pilar del CASTILLO VERA, Róża THUN UND HOHENSTEIN, Tomislav SOKOL, Edina TÓTH, Maria da Graça CARVALHO, Marion WALSMANN, Kris PEETERS, Romana TOMC, Andreas SCHWAB

Motion for a resolution
Annex I – part V – paragraph 2 – indent 11

- create an obligation for the online intermediaries to ~~verify the notified content and~~ reply to the notice provider and the content uploader with a reasoned decision, such a requirement to reply should include the reasoning behind the decision, how the decision was made, if the decision was made by a human or an automated decision agent and information about the possibility to appeal this decision by either party with the intermediary, courts or other entities;

Amendment 751 #

Motion for a resolution
Annex I – part V – paragraph 2 – indent 11

- create an obligation for the online intermediaries to verify the notified content and reply in a timely manner to the notice provider and the content uploader with a reasoned decision;

Amendment 752 #

Adam BIELAN, Beata MAZUREK, Eugen JURZYCA, Andżelika Anna MOŻDŻANOWSKA

Motion for a resolution
Annex I – part V – paragraph 2 – indent 11

- create an obligation for the online intermediaries to verify the ~~notified content~~content of the notice and reply to the notice provider ~~and the content uploader~~ with a reasoned decision;

Amendment 753 #

Adam BIELAN, Beata MAZUREK, Andżelika Anna MOŻDŻANOWSKA

Motion for a resolution
Annex I – part V – paragraph 2 – indent 12

- provide remedies to contest the decision via a counter-notice, including if the content that has been removed via automated solutions, if technically feasible and free from the risk of exposing the underlying technology and allowing « gaming » of the system, or unless such a counter- notice would conflict with an ongoing investigation by law enforcement authorities.

Amendment 754 #

Motion for a resolution
Annex I – part V – paragraph 2 – indent 12

- provide remedies to contest the decision via a counter-notice, including if the content has been removed via voluntary automated solutions, unless such a counter- notice would conflict with an ongoing investigation by law enforcement authorities.

Amendment 755 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP

Motion for a resolution
Annex I – part V – paragraph 2 – indent 12 a (new)

- create an obligation for intermediaries to publish information about their procedures and time frames for intervention by interested parties, including the time before a notification is sent to the content uploader, the time for the content uploader to respond with a counter-notification, the average and maximum time for a decision by the platform for categories of cases, the time at which the intermediary will inform both parties about the result of the procedure, the time for different forms of appeal against the decision.

Amendment 756 #

Motion for a resolution
Annex I – part V – paragraph 2 – indent 12 a (new)

- judicial injunctions issued in a Member State other than that of the online intermediaries should not be handle within the notice-and-action mechanism. The Commission should take due care in regards to the rules of private international law relating to conflicts of law and the jurisdiction of judicial authorities.

Amendment 757 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Liesje SCHREINEMACHER

Motion for a resolution
Annex I – part V – paragraph 2 – indent 12 a (new)

- once a notice has been accepted and illegal content has been taken down, create an obligation for online intermediaries to put in place effective and proportionate measures to prevent the reappearance of the illegal content ("staydown" measures).

Amendment 758 #

Motion for a resolution
Annex I – part V – paragraph 2 a (new)

The Digital Service Act notice-and-action mechanism should be based on the work of the Commission as carried out in 2012 and 2013, including the public consultations of a potential self-standing Directive on procedures for notifying and acting on illegal content hosted by online intermediaries.

Amendment 759 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Sandro GOZI, Stéphanie YON-COURTIN

Motion for a resolution
Annex I – part V – paragraph 2 b (new)

The Digital Service Act notice-and-action mechanism should be binding only for illegal content. This, however, should not prevent online intermediaries being able to adopt a similar notice-and-action mechanism for other content.

Amendment 76 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER

Motion for a resolution
Paragraph 2

2. Recognises the importance of the legal framework set out by the E- Commerce Directive in the development of online services in the Union and in particular its internal market clause, through which home country control and the obligation on Member States to ensure the free movement of information society services have been established; recalls that the new rules on digital services will have to apply, like the e-Commerce Directive, without prejudice to the Copyright Directive, the GDPR or the Audiovisual Media Services Directive;

Amendment 760 #

Motion for a resolution
Annex I – part V – paragraph 2 c (new)

The right to be notified before a decision is taken to remove a content and the right to issue a counter-notice by a user shall only be restricted or waived, where: (a) subject to a legal or regulatory obligation which requires online intermediation services to terminate the provision of the whole of its online intermediation services to a given user in a manner which does not allow it to respect that notice-and-action mechanism; (b) online intermediation services can demonstrate that the user concerned has repeatedly infringed the applicable terms and conditions, including by uploading multiple potential illegal contents.

Amendment 761 #

Róża THUN UND HOHENSTEIN, Andrey KOVATCHEV, Maria da Graça CARVALHO, Tomislav SOKOL, Krzysztof HETMAN

Motion for a resolution
Annex I – part V – subheading 1 – indent 12 a (new)

- create an obligation for the online intermediaries to take appropriate, effective and proportionate measures to ensure that identified illegal content which was rightfully taken down following a notice stays down.

Amendment 762 #

Motion for a resolution
Annex I – part V – subheading 2 – indent 1

- The decision taken by the online intermediary on whether or not to act upon content flagged as illegal or harmful should contain a clear justification on the actions undertaken regarding that specific content. The notice provider~~, where identifiable,~~ should receive a confirmation of receipt and a communication indicating the follow-up given to the notification.

Amendment 763 #

Pablo ARIAS ECHEVERRÍA, Pilar del CASTILLO VERA, Róża THUN UND HOHENSTEIN, Tomislav SOKOL, Andrey KOVATCHEV, Edina TÓTH, Maria da Graça CARVALHO, Romana TOMC, Andreas SCHWAB

Motion for a resolution
Annex I – part V – subheading 2 – indent 1

- The decision taken by the online intermediary on whether or not to act upon content flagged as illegal should contain a clear justification on the actions undertaken regarding that specific content. The notice provider~~, where identifiable,~~ should receive a confirmation of receipt and a communication indicating the follow-up given to the notification.

Amendment 764 #

Róża THUN UND HOHENSTEIN, Andrey KOVATCHEV, Maria da Graça CARVALHO, Tomislav SOKOL, Krzysztof HETMAN

Motion for a resolution
Annex I – part V – subheading 2 – indent 2

- The providers of the content that is being flagged as illegal should be immediately informed of the notice and, that being the case, of the reasons and decisions taken to remove, suspend or disable access to the content; all parties should be duly informed of all existing available legal options and mechanisms to challenge this decision; in complex areas of law mainly involving two parties external to the provider, such as alleged defamation or copyright infringements, a notice-and-notice system is more appropriate, with additional safeguards put in place;

Amendment 765 #

Motion for a resolution
Annex I – part V – subheading 2 – indent 2

- The providers of the content that is being flagged as illegal or harmful should be immediately informed of the notice and, that being the case, of the reasons and decisions taken to remove or disable access to the content; all parties should be duly informed of all existing available legal options and mechanisms to challenge this decision;

Amendment 766 #

Motion for a resolution
Annex I – part V – subheading 2 – indent 3

- All interested parties should have the right to contest the decision through a counter-notice, which must be subject to clear requirements and accompanied by an explanation, and by having recourse to out-of-court dispute settlement mechanism; to this end, the rules of Article 17 of the E- Commerce Directive should be revised.

Amendment 767 #

Motion for a resolution
Annex I – part V – subheading 2 – indent 3

- All interested parties should have the right to contest the decision through a counter-notice and by having recourse to out-of-court dispute settlement mechanism~~; to this end, the rules of Article 17 of the E-Commerce Directive should be revised~~.

Amendment 768 #

Martin SCHIRDEWAN, Emmanuel MAUREL, Stelios KOULOGLOU

Motion for a resolution
Annex I – part V – subheading 2 – indent 4

- If the redress and counter-notice have established that the notified activity or information is not illegal, the online intermediary should restore the content that was removed or suspended without undue delay or allow for the re-upload by the user, without prejudice to the ~~platform'~~online intermediary’s terms of service.

Amendment 769 #

Motion for a resolution
Annex I – part V – subheading 2 – indent 4

- If the redress and counter-notice have established that the notified activity or information is not illegal, the online intermediary should restore the content that was removed without undue delay or allow for the re-upload by the user~~, without prejudice to the platform's terms of service~~.

Amendment 77 #

Marc ANGEL, Adriana MALDONADO LÓPEZ, Maria GRAPINI, Clara AGUILERA, Sándor RÓNAI

Motion for a resolution
Paragraph 2

2. Recognises the importance of the legal framework set out by the E- Commerce Directive in the development of online services in the Union and in particular its internal market clause, through which home country control and the obligation on Member States to ensure the free movement of information society services have been established; highlights that the legal certainty brought by the E- Commerce Directive has provided SMEs with the opportunity to expand their business and to sell more easily across borders;

Amendment 770 #

Róża THUN UND HOHENSTEIN, Andrey KOVATCHEV, Maria da Graça CARVALHO, Tomislav SOKOL, Krzysztof HETMAN

Motion for a resolution
Annex I – part V – subheading 2 – indent 4

- If the redress and counter-notice have established that the notified activity or information is not illegal nor harmful, the online intermediary should restore the content that was removed without undue delay or allow for the re-upload by the user, without prejudice to the platform's terms of service.

Amendment 771 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Sandro GOZI, Stéphanie YON-COURTIN, Svenja HAHN

Motion for a resolution
Annex I – part V – subheading 2 – indent 4 a (new)

- an out-of-court dispute settlement mechanism should meet certain standards, notably in terms of procedural fairness, a presumption of innocence or lack of malicious intent by the content provider and that abuse is avoided.

Amendment 772 #

Motion for a resolution
Annex I – part V – subheading 2 – indent 5 a (new)

- Both the alternative dispute resolution mechanism and the right to have recourse to a competent national court should be expressly notified, together, in a clear and concise manner, when making, contesting, or receiving a decision on an alert. Legislation on digital services should present the principle of this organisation of dispute resolution in a similarly clear and concise manner, within a single article, along the lines of Article 17 (9) of Directive 2019/790/ EU.

Amendment 773 #

Motion for a resolution
Annex I – part V – subheading 2 a (new)

2a. Independent dispute settlement bodies

Amendment 774 #

Motion for a resolution
Annex I – part V – subheading 2 a (new)

2a. Independent dispute settlement bodies Independent dispute settlement bodies should be established to allow users a referral in order to contest a decision taken by an online intermediary. These bodies should: be established by Member States to serve as a tribunal system providing simplified and speedier legal procedures tailored to the nature of online content moderation disputes; be composed of legal experts and complement the judicial system; be tasked with the settlement of disputes between content uploaders and an intermediary regarding the legality of user-uploaded content and the correct application of terms of services or other internal rules when they relate to content moderation decisions taken by the intermediary; issue reports on the number of referrals brought before them, including the number of referrals given heed to.

Amendment 775 #

Motion for a resolution
Annex I – part V – subheading 2 b (new)

2b. Social Media Councils Social Media Councils should be set up by the Commission in order to set up open, transparent, accountable, participatory, multi-stakeholder and voluntary mechanism to address content moderation issues. These Councils should: include representatives of a diverse society including freedom of expression experts, academia, child protection experts, representatives of non-discrimination organisations and equality bodies; divers meaning the criteria laid out in Article 21 of the Charter of Fundamental Rights of the European Union; be composed of at least 60% women and non-binary gender identities;·be independent from government, commercial and special interests, be established in a fully participatory, inclusive, democratic and transparent process; issue non-binding guiding principles for content moderation issues;· foster a participative and transparent public debate around content moderation issues;·and provide public access to decisions and documents; set out policy recommendations in case further regulation is needed.

Amendment 776 #

Motion for a resolution
Annex I – part V – paragraph 3 – introductory part

The notice-and-action mechanisms should be transparent and publicly available ~~to any interested party~~; to that end, online intermediaries and Member States should be obliged to publish annual reports ~~with~~. Online intermediaries’ reports should be standardized and contain information on:

Amendment 777 #

Motion for a resolution
Annex I – part V – paragraph 3 – introductory part

The notice-and-action mechanisms should be transparent and available to any interested party; to that end, online intermediaries, except SMEs and microenterprises, should be obliged to publish annual reports with information on:

Amendment 778 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Svenja HAHN

Motion for a resolution
Annex I – part V – paragraph 3 – introductory part

The notice-and-action mechanisms should be transparent and available to any interested party; to that end, online intermediaries should be obliged to publish a~~nnual~~ reports with information on:

Amendment 779 #

Motion for a resolution
Annex I – part V – paragraph 3 – indent 1 a (new)

- the response time per type of content;

Amendment 78 #

Motion for a resolution
Paragraph 2

Amendment 780 #

Adam BIELAN, Beata MAZUREK, Eugen JURZYCA, Andżelika Anna MOŻDŻANOWSKA

Motion for a resolution
Annex I – part V – paragraph 3 – indent 4 a (new)

- the number of erroneous takedowns;

Amendment 781 #

Motion for a resolution
Annex I – part V – paragraph 3 – indent 5

- the description of the content moderation model applied by the hosting intermediary~~, as well as any algorithmic decision making which influences the content moderation process~~.

Amendment 782 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Liesje SCHREINEMACHER, Svenja HAHN

Motion for a resolution
Annex I – part V – paragraph 3 – indent 5

- the description of the content moderation model applied by the hosting intermediary~~, as well as any algorithmic decision making which influences the content moderation process~~.

Amendment 783 #

Motion for a resolution
Annex I – part V – paragraph 3 – indent 5

- the description of the content moderation model applied by the hosting intermediary, as well as any algorithmic decision making and its functioning and logic which influences the content moderation process.

Amendment 784 #

Alex AGIUS SALIBA, Adriana MALDONADO LÓPEZ, Maria-Manuel LEITÃO-MARQUES, Clara AGUILERA, Brando BENIFEI, Andreas SCHIEDER, Maria GRAPINI, Marc ANGEL, Evelyne GEBHARDT, Biljana BORZAN

Motion for a resolution
Annex I – part V – paragraph 3 – indent 5 a (new)

- an obligation for intermediaries to provide the aggregated data of transparency reports via a publicly available real-time API. Such an API should be standardised by the European regulator to allow for comparability across providers.

Amendment 785 #

Motion for a resolution
Annex I – part V – paragraph 3 – indent 5 a (new)

- the measures they adopt with regards to repeated infringers to ensure that the measures are effective in tackling such systemic abusive behaviour.

Amendment 786 #

Maria GRAPINI, Brando BENIFEI, Adriana MALDONADO LÓPEZ

Motion for a resolution
Annex I – part V – paragraph 3 – indent 5 a (new)

- the number of products that have been found to be counterfeit or illegal and have been removed from online platforms.

Amendment 787 #

Andreas SCHIEDER, Adriana MALDONADO LÓPEZ, Clara AGUILERA

Motion for a resolution
Annex I – part V – paragraph 3 – indent 5 b (new)

- Member States’ reports should contain information on: the number, nature and legal basis of content restriction requests sent to intermediaries; on the actions taken as a result of those requests.

Amendment 788 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Svenja HAHN

Motion for a resolution
Annex I – part V – paragraph 3 a (new)

They should be required to update this report on an annual basis where there is a significant change from one year to the next or where a provider is a "systemic platform".

Amendment 789 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Svenja HAHN

Motion for a resolution
Annex I – part V – paragraph 3 b (new)

The obligation to publish and the required detail of this report should take into account the size or the scale on which online intermediaries operate and whether they have only limited resources and expertise and if there is a need for effective and appropriate safeguards accompanying such mechanisms.

Amendment 79 #

Motion for a resolution
Paragraph 2

2. Recognises the importance of the legal framework set out by the E- Commerce Directive in the development of online services in the Union ~~and in particular its internal market clause, through which home country control and the obligation on Member States to ensure the free movement of information society services have been established~~; notes however, that the provisions of the E- Commerce Directive have promoted unequal business conditions in the platform economy at the expense of traditional businesses, which makes a revision of the Directive necessary;

Amendment 790 #

Martin SCHIRDEWAN, Emmanuel MAUREL, Stelios KOULOGLOU

Motion for a resolution
Annex I – part V – paragraph 4

The Digital Services Act should protect ~~and~~, uphold and adapt the current limited exemptions from secondary liability for information society service providers (online intermediaries) provided for in Article 12, 13, and 14 of the current E- Commerce Directive to new challenges in the digital landscape. Therefore, the Digital Services Act should introduce a tailored liability regime with proper enforcement mechanisms for commercial activities on online market places in order to guarantee consumer protection and product safety.

Amendment 791 #

Marc ANGEL, Sylvie GUILLAUME

Motion for a resolution
Annex I – part V – paragraph 4

The Digital Services Act should pr~~otect~~eserve and up~~hold~~grade the current li~~mited exemptions from secondary liability for information society service providers (online intermediaries) provided for in Article 12, 13, and 14 of the current E-Commerce Directive~~ability regime provided for in Article 12, 13, and 14 of the current E-Commerce Directive; Without prejudice to Article 6a (d) of the Directive (EU) 2019/2161, the Digital Services Act should set up a special liability regime for online marketplaces, including those services which allow the conclusion of a distance contract between a trader and a consumer via advertisements, digital comparison, reputation or other advisory services.

Amendment 792 #

Motion for a resolution
Annex I – part V – paragraph 4

The Digital Services Act should protect and uphold the scope of the current limited ~~exemptions from secondary~~ liability regime for information society service providers (online intermediaries) provided for in Article 12, 13, and 14 of the current E-Commerce Directive.

Amendment 793 #

Motion for a resolution
Annex I – part V – paragraph 5

The Digital Services Act should address the lack of legal certainty regarding the concept of active vs passive hosts. The revised measures should clarify if interventions by hosting providers having editorial functions and a certain “degree of control over the data,” through tagging, organising, promoting, optimising, presenting or otherwise curating specific content for profit- making purposes and which amounts to adoption of the third-party content as one’s own (as judged by average users or consumers) should lead to a loss of safe harbour provisions due to their active nature.

Amendment 794 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Liesje SCHREINEMACHER, Svenja HAHN

Motion for a resolution
Annex I – part V – paragraph 5

The Digital Services Act should address the lack of legal certainty regarding the concept of active vs passive hosts. The revised measures should c~~lar~~odify if interventions by hosting providers having editorial functions and a certain “degree of control over the data,” through tagging, organising, promoting, optimising, presenting or otherwise curating specific content for profit- making purposes and which amounts to adoption of the third-party content as one’s own (as judged by average users or consumers) should lead to a loss of safe harbour provisions due to their active naturethe jurisprudence of the European Court of Justice on the matter.

Amendment 795 #

Motion for a resolution
Annex I – part V – paragraph 5

The Digital Services Act should ~~address the lack of legal certainty regard~~consider replacing the concept of active vs passive hosts. The revised measures should clarify if interventions by hosting providers having editorial functions and a certain “degree of control over the data,” through tagging, organising, promoting, optimising, presenting or otherwise curating specific content for profit- making purposes and which amounts to adoption of the third-party content as one’s own (as judged by average users or consumers)creating the content or having a certain “degree of contribution to the illegality of the content” and which amounts to adoption of the third-party content as one’s own (as judged by average users or consumers), as well as the question whether a provider is optimizing economic models of services in ways that bring inherent risks of illegal or harmful content/activity and/or fundamental rights and freedoms should lead to a loss of safe harbour provisions due to their active nature.

Amendment 796 #

Motion for a resolution
Annex I – part V – paragraph 5

The Digital Services Act should, in line with existing European legislation, address the lack of legal certainty regarding the concept of active vs passive hosts. The revised measures should clarify if interventions by hosting providers having editorial functions and a certain “degree of control over the data,” through tagging, organising, promoting, optimising, presenting or otherwise curating specific content for profit-making purposes and which amounts to adoption of the third- party content as one’s own (as judged by average users or consumers) should lead to a loss of safe harbour provisions due to their active nature.

Amendment 797 #

Motion for a resolution
Annex I – part V – paragraph 5

The Digital Services Act should address the lack of legal certainty regarding the concept of active vs passive hosts. The revised measures should clarify ifthat interventions by hosting providers having editorial functions and a certain “degree of control over the data,” through tagging, organising, promoting, optimising, presenting or otherwise curating specific content for profit-making purposes and which amounts to adoption of the third- party content as one’s own (as judged by average users or consumers) should lead to a loss of safe harbour provisions due to their active nature.

Amendment 798 #

Motion for a resolution
Annex I – part V – paragraph 5

Amendment 799 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Sandro GOZI, Stéphanie YON-COURTIN, Svenja HAHN

Motion for a resolution
Annex I – part V – paragraph 5 a (new)

The Digital Service Act should maintain its protections of non-active providers and other backend and infrastructure services which are not party to the contractual relations between online intermediaries and its business or private customers. Such backend services should not be held liable for actions which they did not have an active overarching decision making role and which merely implement decisions by the online intermediaries or its customers.

Amendment 8 #

Pablo ARIAS ECHEVERRÍA, Pilar del CASTILLO VERA, Tomislav SOKOL, Andrey KOVATCHEV, Pascal ARIMONT, Kris PEETERS, Romana TOMC, Anna-Michelle ASIMAKOPOULOU, Andreas SCHWAB

Motion for a resolution
Citation 4

~~- having regard to the commitments made by commissioner-designate, Thierry Breton, before the European Parliament on 14 November 2019,~~deleted

Amendment 80 #

Motion for a resolution
Paragraph 2 a (new)

(a) Stresses the importance to address the remaining unjustified obstacles to the Digital Single Market and avoid protectionist measures, which are sometimes used by Member States to boost national competition. For example, settling the costs of cross-border disputes, suppliers’ restrictions to selling cross- border, delivery-related matters, taxation rules, limited cross-border access to goods and services due to differences in intellectual property rights law, access to information on the relevant regulatory requirements, complex administrative procedures, as well as ensuring that no new barriers are created;

Amendment 800 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Liesje SCHREINEMACHER

Motion for a resolution
Annex I – part V – paragraph 5 b (new)

New proposals of obligations on content management and moderation, if deemed necessary beyond a notice-and-action mechanism, should be only possible within the framework of the suggested regulation on ex-ante measures for significant market players.

Amendment 801 #

Motion for a resolution
Annex I – part V – paragraph 6

The Digital Services Act should maintain the ban on general monitoring obligation under Article 15 of the current E- Commerce Directive clarifying however that the indiscriminate verification and analysis of all content or communications hosted by an information society service provider also falls within the definition of general monitoring. Online intermediaries should not be subject to general monitoring obligations.

Amendment 802 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Svenja HAHN

Motion for a resolution
Annex I – part V – paragraph 6

The Digital Services Act should maintain the ban on general monitoring obligation under Article 15 of the current E- Commerce Directive. Online intermediaries should not be subject to general monitoring obligations, including any requirements for ex-ante control measures based on automated tools or upload-filtering of content.

Amendment 803 #

Adam BIELAN, Beata MAZUREK, Eugen JURZYCA, Andżelika Anna MOŻDŻANOWSKA

Motion for a resolution
Annex I – part V – paragraph 6

The Digital Services Act should maintain the ban on general monitoring obligation under Article 15 of the current E- Commerce Directive~~. Online intermediaries should not be subject to general monitoring obligation~~ applicable to passive online intermediaries.

Amendment 804 #

Motion for a resolution
Annex I – part V – paragraph 6 a (new)

Voluntary measures A voluntary measures clause would encourage companies to engage in additional voluntary actions for content moderation, above what is required by law. The purpose would be to remove an assumption and a risk that if a company engages in a good faith in such voluntary actions, it automatically loses the safe harbour protection. In the current legislative environment, companies undertake such measures at their own risk, as they may incur liability for failing to act in relation to illegal content that they identify, even when they conclude in good faith that the content need not be removed. The risk of liability creates a perverse incentive for companies to either refrain from taking reasonable proactive moderation, or to over-remove valuable content in the course of moderating and consequently possibly violating the freedom of speech or other fundamental rights. A voluntary measures clause would also ensure that where a platform or an information society service provider has voluntarily reviewed one or more pieces of content in respect of one or more types of unlawfulness (or for violations of its content policies, e.g., defamation), the provider is not deemed to have knowledge of the unlawfulness of other, unreviewed, pieces of content on its platform (copyright violations). Equally, the provision would ensure that where the information society service provider has voluntarily reviewed content in respect of one or more types of unlawfulness (or for violations of its content policies), the provider is not deemed to have knowledge of all of the other potential ways in which that same content might be unlawful.

Amendment 805 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Liesje SCHREINEMACHER, Svenja HAHN

Motion for a resolution
Annex I – part V – paragraph 6 a (new)

The Digital Service Act, however, may allow for voluntary actions which would allow for online intermediaries to take social responsibility without losing the protections of article 14.

Amendment 806 #

Motion for a resolution
Annex I – part VI – paragraph 1

The Digital Services Act or conjoin non- legislative measures should propose specific rules for online market places for the online sale of products and services to consumers.

Amendment 807 #

Pablo ARIAS ECHEVERRÍA, Pilar del CASTILLO VERA, Róża THUN UND HOHENSTEIN, Tomislav SOKOL, Andrey KOVATCHEV, Edina TÓTH, Maria da Graça CARVALHO, Romana TOMC, Andreas SCHWAB

Motion for a resolution
Annex I – part VI – paragraph 1

The Digital Services Act should propose specific rules for online market places for the online sale, promotion or supply of products and services to consumers.

Amendment 808 #

Motion for a resolution
Annex I – part VI – paragraph 1

The Digital Services Act should propose specific rules for online market places for the online sale of products and provision of services to consumers.

Amendment 809 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER

Motion for a resolution
Annex I – part VI – paragraph 2 – indent 1

~~- cover all entities that offer services and/or products to consumers in the Union, including if they are established outside the Union;~~deleted

Amendment 81 #

Motion for a resolution
Paragraph 2 a (new)

2a. Stresses that Commission should, ahead of a possible revision of the E- Commerce Directive, complete a full public consultation, including an in person stakeholder hearing, and a full impact assessment, take into account the lessons learned from the COVID-19 crisis and from the European Parliament resolutions; similarly, stresses that this must also apply to other potential pieces of the Digital Services Act package;

Amendment 810 #

Pablo ARIAS ECHEVERRÍA, Róża THUN UND HOHENSTEIN, Tomislav SOKOL, Andrey KOVATCHEV, Edina TÓTH, Maria da Graça CARVALHO, Pascal ARIMONT, Marion WALSMANN, Romana TOMC, Andreas SCHWAB

Motion for a resolution
Annex I – part VI – paragraph 2 – indent 3

- ensure that online marketplaces make it clear in which country the products or services are being provided, regardless whether they are provided by that marketplace, a third party ~~or a seller established inside or outside the Union~~;

Amendment 811 #

Motion for a resolution
Annex I – part VI – paragraph 2 – indent 3

- ensure that online marketplaces make it clear into which country the products are sold or services are being provided, regardless whether they are provided by that marketplace, a third party or a seller established inside or outside the Union;

Amendment 812 #

Adriana MALDONADO LÓPEZ, Clara AGUILERA, Marc ANGEL

Motion for a resolution
Annex I – part VI – paragraph 2 – indent 3 a (new)

- include clear obligations to ensure that online markets meet transparency, accountability and traceability requirements and implement proactive and reactive measures to prevent illegal and unsafe products from being offered for sale to EU consumers;

Amendment 813 #

Adam BIELAN, Beata MAZUREK, Eugen JURZYCA, Andżelika Anna MOŻDŻANOWSKA

Motion for a resolution
Annex I – part VI – paragraph 2 – indent 4

- ensure that online marketplaces remove, in accordance with notification made by relevant authorities any misleading information given by the supplier or by customers, including misleading guarantees and statements made by the supplier;

Amendment 814 #

Róża THUN UND HOHENSTEIN, Andrey KOVATCHEV, Tomislav SOKOL

Motion for a resolution
Annex I – part VI – paragraph 2 – indent 4

- ensure that online marketplaces remove any misleading information given by the ~~supplier or by customers, including misleading guarantees and statements made by the~~ supplier;

Amendment 815 #

Marion WALSMANN, Pablo ARIAS ECHEVERRÍA, Andrey KOVATCHEV, Christian DOLESCHAL

Motion for a resolution
Annex I – part VI – paragraph 2 – indent 4

- ensure that online marketplaces remove any misleading information given by the supplier or by customers, including misleading guarantees and statements made by the supplier, or otherwise would become liable;

Amendment 816 #

Motion for a resolution
Annex I – part VI – paragraph 2 – indent 4

- ensure that online marketplaces remove quickly any misleading information given by the supplier or by customers, including misleading guarantees and statements made by the supplier;

Amendment 817 #

Evelyne GEBHARDT, Monika BEŇOVÁ, Brando BENIFEI, Biljana BORZAN, Andreas SCHIEDER, Marc ANGEL, Adriana MALDONADO LÓPEZ

Motion for a resolution
Annex I – part VI – paragraph 2 – indent 4 a (new)

- oblige online market places to display the possession of a qualification where a service provision requires the existence of a certain qualification to avoid misleading or deceptive information to consumers;

Amendment 818 #

Marion WALSMANN, Pablo ARIAS ECHEVERRÍA, Andrey KOVATCHEV, Pascal ARIMONT, Christian DOLESCHAL, Maria da Graça CARVALHO

Motion for a resolution
Annex I – part VI – paragraph 2 – indent 4 a (new)

- ensure that online marketplaces foresee an easy to find specific contact point for consumers and national authorities for the notice of unsafe goods on their website;

Amendment 819 #

Marion WALSMANN, Christian DOLESCHAL, Maria da Graça CARVALHO

Motion for a resolution
Annex I – part VI – paragraph 2 – indent 4 b (new)

- ensure that online marketplaces have to check if a product is on the Union Rapid Alert System for dangerous non- food products (Rapex) before placing it on their website;

Amendment 82 #

Adriana MALDONADO LÓPEZ, Clara AGUILERA, Marc ANGEL

Motion for a resolution
Paragraph 2 a (new)

2a. Stresses especially the importance of the internal market clause and reminds that remaining unjustified obstacles to the digital single market need to be addressed in order to make use of its full potential;

Amendment 820 #

Motion for a resolution
Annex I – part VI – paragraph 2 – indent 5

- once products have been identified as unsafe by the Union’s rapid alert systems or by consumer protection authorities, it should be compulsory to remove products from the marketplace within 24 hours; online markets are required to cooperate with the authorities, keeping them informed as soon as they become aware of products on their platforms that are unsafe or non- compliant with European safety standards;

Amendment 821 #

Brando BENIFEI, Maria GRAPINI, Andreas SCHIEDER, Sylvie GUILLAUME, Adriana MALDONADO LÓPEZ, Maria-Manuel LEITÃO-MARQUES, Clara AGUILERA, Marc ANGEL

Motion for a resolution
Annex I – part VI – paragraph 2 – indent 5

- once products have been identified as unsafe and/or counterfeit by the Union’s rapid alert systems or by consumer protection authorities, it should be compulsory to remove products from the marketplace within 24 hours and measures should be taken to prevent their reappearance on the marketplace;

Amendment 822 #

Beata MAZUREK, Eugen JURZYCA, Andżelika Anna MOŻDŻANOWSKA

Motion for a resolution
Annex I – part VI – paragraph 2 – indent 5

- once products have been identified as unsafe by the Union’s rapid alert systems, by national market surveillance authorities, by customs authorities or by consumer protection authorities, it should be compulsory to remove products from the marketplace within 24 hours;

Amendment 823 #

Motion for a resolution
Annex I – part VI – paragraph 2 – indent 5

Amendment 824 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Liesje SCHREINEMACHER, Svenja HAHN

Motion for a resolution
Annex I – part VI – paragraph 2 – indent 5

Amendment 825 #

Motion for a resolution
Annex I – part VI – paragraph 2 – indent 5

Amendment 826 #

Marion WALSMANN, Pablo ARIAS ECHEVERRÍA, Andrey KOVATCHEV, Christian DOLESCHAL, Maria da Graça CARVALHO

Motion for a resolution
Annex I – part VI – paragraph 2 – indent 5 a (new)

- include an obligation to protect users, so that in case an online marketplace has obtained credible evidence of illegal activities on its platform, but fails to take adequate measures for the protection of the online consumer, it becomes liable for consumers’ damages resulting from that failure;

Amendment 827 #

Motion for a resolution
Annex I – part VI – paragraph 2 – indent 5 a (new)

- oblige online marketplaces to exchange information on repeat offenders and to take measures to avoid that goods taken down from one website reappear on other online marketplaces;

Amendment 828 #

Maria GRAPINI, Brando BENIFEI, Marc ANGEL, Adriana MALDONADO LÓPEZ

Motion for a resolution
Annex I – part VI – paragraph 2 – indent 6

- oblige online marketplaces to inform consumers of any safety issues and of any action required to ensure that recalls are carried out effectively; online marketplaces must inform consumers if a product they have previously bought has been removed because it was not compliant;

Amendment 829 #

Marion WALSMANN, Pablo ARIAS ECHEVERRÍA, Andrey KOVATCHEV, Christian DOLESCHAL, Maria da Graça CARVALHO

Motion for a resolution
Annex I – part VI – paragraph 2 – indent 6

- oblige online marketplaces to inform consumers of any safety issues and ofto enhance cooperation with national authorities and consumer associations on recalls and take any action required to ensure that recalls are carried out effectively;

Amendment 83 #

Antonius MANDERS

Motion for a resolution
Paragraph 2 a (new)

2a. Stresses the need to remove the remaining unjustified obstacles to the Digital Single Market and avoid protectionist measures, which are sometimes used by Member States to boost national competitiveness;

Amendment 830 #

Alex AGIUS SALIBA, Adriana MALDONADO LÓPEZ, Maria-Manuel LEITÃO-MARQUES, Clara AGUILERA, Brando BENIFEI, Andreas SCHIEDER, Evelyne GEBHARDT, Biljana BORZAN

Motion for a resolution
Annex I – part VI – paragraph 2 – indent 6

- oblige online marketplaces to inform consumers of any safety issues and of any action required to ensure that recalls are carried out effectively; be consistent with and complementary to a reform of the General Product Safety Directive;

Amendment 831 #

Róża THUN UND HOHENSTEIN, Andrey KOVATCHEV, Tomislav SOKOL

Motion for a resolution
Annex I – part VI – paragraph 2 – indent 6

- once the product has been removed, oblige online marketplaces to inform consumers of any safety issues and of any action required to ensure that recalls are carried out effectively;

Amendment 832 #

Adriana MALDONADO LÓPEZ, Clara AGUILERA, Marc ANGEL

Motion for a resolution
Annex I – part VI – paragraph 2 – indent 6

- oblige online marketplaces to inform consumers promptly of any safety issues and of any action required to ensure that recalls are carried out effectively;

Amendment 833 #

Motion for a resolution
Annex I – part VI – paragraph 2 – indent 7

- address the liability for the online marketplaces when platforms have predominant influence over suppliers and essential elements of the economic transactions such as payment means, prices, default terms conditions, or conduct aimed at facilitating the sale of goods to a consumer on the European market, and there is no manufacturer, importer, or distributor established in the Union that can be held liable;deleted

Amendment 834 #

Motion for a resolution
Annex I – part VI – paragraph 2 – indent 7

- address, in line with their liability, the liability for the online marketplaces when platforms have predominant influence over suppliers and essential elements of the economic transactions such as payment means, prices, default terms conditions, or conduct aimed at facilitating the sale of goods to a consumer on the European market, and there is no manufacturer, importer, or distributor established in the Union that can be held liable;

Amendment 835 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Sandro GOZI, Stéphanie YON-COURTIN, Svenja HAHN

Motion for a resolution
Annex I – part VI – paragraph 2 – indent 7 a (new)

- explore the option that suppliers which are established in a third country have to designate a legal representative, established in the Union, who can be held accountable for the selling of products to European consumers which do not comply with Union rules of safety;

Amendment 836 #

Motion for a resolution
Annex I – part VI – paragraph 2 – indent 8

- address the liability for online marketplaces if the online marketplace has not informed the consumer that a third party is the actual supplier of the goods or services, thus making the marketplace contractually liable vis-à-vis the consumer; liability should also be considered in case the marketplace provides misleading information, guarantees, or statements;deleted

Amendment 837 #

Róża THUN UND HOHENSTEIN, Andrey KOVATCHEV, Tomislav SOKOL

Motion for a resolution
Annex I – part VI – paragraph 2 – indent 8

- address, in line with their liability, the liability for online marketplaces if the online marketplace has not informed the consumer that a third party is the actual supplier of the goods or services, thus making the marketplace contractually liable vis-à-vis the consumer; liability should also be considered in case the marketplace provides misleading information, guarantees, or statements;

Amendment 838 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Svenja HAHN

Motion for a resolution
Annex I – part VI – paragraph 2 – indent 8

- address the liability for online marketplaces if the online marketplace has not informed the consumer that a third party is the actual supplier of the goods or services, thus making the marketplace contractually liable vis-à-vis the consumer; liability should also be considered in case the marketplace willingly provides misleading information, guarantees, or statements;

Amendment 839 #

Motion for a resolution
Annex I – part VI – paragraph 2 – indent 8

Amendment 84 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Svenja HAHN

Motion for a resolution
Paragraph 2 b (new)

2b. Underlines that, if a revision is approved by the co-legislators, that implementation of the final adopted legislations should be supported by the adoption of Vademecums and implementation guidelines;

Amendment 840 #

Evelyne GEBHARDT, Monika BEŇOVÁ, Andreas SCHIEDER, Marc ANGEL, Adriana MALDONADO LÓPEZ

Motion for a resolution
Annex I – part VI – paragraph 2 – indent 8 a (new)

- while online marketplaces must be liable for damages, contract performance and guarantees and while consumers must be able to exercise the same rights and remedies available against the supplier or producer, the online market place should have a right to redress towards the party at fault;

Amendment 841 #

Adriana MALDONADO LÓPEZ, Clara AGUILERA, Marc ANGEL

Motion for a resolution
Annex I – part VI – paragraph 2 – indent 8 a (new)

- include obligations for online markets regarding the collection and verification of sellers' contact information prior to authorising the creation of an account. Similarly, details of unsafe and illegal products should also be shared with the competent authorities;

Amendment 842 #

Brando BENIFEI, Maria GRAPINI, Andreas SCHIEDER, Sylvie GUILLAUME, Adriana MALDONADO LÓPEZ, Maria-Manuel LEITÃO-MARQUES, Clara AGUILERA, Marc ANGEL

Motion for a resolution
Annex I – part VI – paragraph 2 – indent 9

- explore expanding the commitment made by some e-commerce retailers and the Commission to remove dangerous products from sale more rapidly under the voluntary commitment scheme called “Product Safety Pledge” and indicate which of those commitments could become mandatory.deleted

Amendment 843 #

Motion for a resolution
Annex I – part VI – paragraph 2 – indent 9

- explore expanding the commitment made by some e-commerce retailers and the Commission to respectively remove dangerous or counterfeit products from sale more rapidly under the voluntary commitment schemes called “Product Safety Pledge” and "Memorandum of Understanding on the sale of counterfeit goods via the internet" and indicate which of those commitments could become mandatory.

Amendment 844 #

Adam BIELAN, Beata MAZUREK, Eugen JURZYCA, Andżelika Anna MOŻDŻANOWSKA

Motion for a resolution
Annex I – part VI – paragraph 2 – indent 9

- explore ~~expanding the commitment made by some~~positive incentives that could e-ncommerce retailers and the Commission to remove dangerous products from sale more rapidly under the voluntary commitment scheme called “Product Safety Pledge” and indicate which of those commitments could become mandatoryurage further companies to join the voluntary commitment scheme called “Product Safety Pledge”.

Amendment 845 #

Andreas SCHIEDER, Maria GRAPINI

Motion for a resolution
Annex I – part VI – paragraph 2 – indent 9 a (new)

- ensure that online market places provide clear and easily understandable information to consumers on the impact of e-commerce on the environment; more particularly, online market places should be obliged to provide information on the use of sustainable and efficient product delivery methods, of environmentally sound packaging, as well as on the carbon footprint and other environmental impacts of returning unwanted items, involving double transportation or requiring disposal rather than resale.

Amendment 846 #

Motion for a resolution
Annex I – part VI – paragraph 2 – indent 9 a (new)

- oblige platform providers to clarify the identity of commercial third-party providers based on the commercial register, to take out insurance to compensate consumers if dubious third- party providers are not available on the platform or otherwise escape their responsibility, to prevent reported illegal offers from appearing again and to promptly check the fraud cases reported by consumers.

Amendment 847 #

Motion for a resolution
Annex I – part VII – title

VII. EX-ANTE REGULATION OF ~~SYSTEMIC~~DOMINANT PLATFORMS

Amendment 848 #

Pablo ARIAS ECHEVERRÍA, Pilar del CASTILLO VERA, Marion WALSMANN, Andrey KOVATCHEV, Edina TÓTH, Maria da Graça CARVALHO, Romana TOMC, Andreas SCHWAB

Motion for a resolution
Annex I – part VII – paragraph 1

The Digital Services Act should put forward a proposal to ensure that the systemic role of specific online platforms will not endanger the internal market by unfairly excluding innovative new entrants, including SMEs while respecting the competition policy legislation and principles. The new framework should respect the fact that it is the abuse of dominant position which should be cautiously addressed not the dominant position itself.

Amendment 849 #

Motion for a resolution
Annex I – part VII – paragraph 1

Amendment 85 #

Andreas SCHIEDER, Adriana MALDONADO LÓPEZ, Clara AGUILERA

Motion for a resolution
Paragraph 3

3. CStresses that the main goal must be fair competition between the market participants; considers that the main principles of the E-Commerce Directive, such as the internal market clause, freedom of establishment and the prohibition on imposing a general monitoring obligation should be maintained; underlines that the principle of “what is illegal offline is also illegal online”, as well as the principles of consumer protection and user safety, should also become guiding principles of thepreserved in general, but adjusted and reviewed in order to reflect the current state-of-the-art; underlines that the principle "taxes and duties must be paid in that country where the economic activity takes place" and the principle of “what is illegal offline is also illegal online”, as well as the principles of consumer protection and user safety, should also become guiding principles of the future regulatory framework; stresses that for effective legal enforcement of national or regional laws through public administrations, overriding reasons of public interest should be defined and taken into account in a future regulatory framework;

Amendment 850 #

Motion for a resolution
Annex I – part VII – paragraph 1

The Digital Services Act should put forward a proposal to ensure that the systemic role of ~~specific~~certain online platforms will not endanger the internal market by unfairly excluding innovative new entrants, including SMEs, and to provide for real consumer choice.

Amendment 851 #

Motion for a resolution
Annex I – part VII – paragraph 1

The Digital Services Act should put forward a proposal to ensure that the ~~systemic~~dominant role of specific online platforms will not endanger the internal market by unfairly excluding innovative new entrants, including SMEs.

Amendment 852 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN

Motion for a resolution
Annex I – part VII – paragraph 1 a (new)

The Digital Services Act should do so in a separate instrument than the revision of the E-Commerce Directive.

Amendment 853 #

Motion for a resolution
Annex I – part VII – paragraph 2 – indent 1

- set up an ex-ante mechanism to prevent (instead of merely remedy) unfair market behaviour by “systemic platforms” in the digital world, building on the Platform to Business Regulation; such mechanism should allow regulatory authorities to impose remedies on these companies in order to address market failures, without the establishment of a breach of regulatory rules;

Amendment 854 #

Pablo ARIAS ECHEVERRÍA, Pilar del CASTILLO VERA, Romana TOMC, Maria da Graça CARVALHO, Edina TÓTH, Andrey KOVATCHEV, Tomislav SOKOL, Andreas SCHWAB

Motion for a resolution
Annex I – part VII – paragraph 2 – indent 1

- set up an ex-ante mechanism to prevent (instead of merely remedy) unfair market behaviour by “systemic platforms” in the digital world, building on the Platform to Business Regulation; ~~such mechanism should allow regulatory authorities to impose remedies on these companies in order to address market failures, without the establishment of a breach of regulatory rules;~~

Amendment 855 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Svenja HAHN

Motion for a resolution
Annex I – part VII – paragraph 2 – indent 1

- set up an ex-ante mechanism t~~o prevent (instead of merely remedy) unfair market behaviour by “systemic platforms” in the digital~~hat lays down conditions, which if met, woruld~~, building on the Platform to Business Regulation; such mechanism should allow regulatory author~~ require additional transparency measures and requirements, in additieson to ~~imp~~those ~~remedies on these companies in order to address market failures, without the establishment of a breach of regulatory rules~~in the Platform to Business Regulation;

Amendment 856 #

Motion for a resolution
Annex I – part VII – paragraph 2 – indent 1

- set up an asymmetric ex-ante mechanism to prevent (instead of merely remedy) unfair market behaviour by “"systemic platforms”" in the digital world, building on the Platform to Business Regulation; such mechanism should allow regulatory authorities to impose remedies on these companies with a significant market position in order to address market failures, without the establishment of a breach of regulatory rules;

Amendment 857 #

Róża THUN UND HOHENSTEIN, Andrey KOVATCHEV, Maria da Graça CARVALHO, Tomislav SOKOL

Motion for a resolution
Annex I – part VII – paragraph 2 – indent 1

- set up an ex-ante mechanism to prevent (instead of merely remedy) unfair market behaviour by “systemic platforms” in the digital world, building on the Platform to Business Regulation; such mechanism should allow regulatory authorities to impose ~~remedie~~sanctions on these companies in order to address market failures~~, without the establishment of a breach of regulatory rules~~;

Amendment 858 #

Adam BIELAN, Beata MAZUREK, Eugen JURZYCA, Andżelika Anna MOŻDŻANOWSKA

Motion for a resolution
Annex I – part VII – paragraph 2 – indent 1

- set up an ex-ante mechanism to prevent (instead of merely remedy) ~~unfair market~~market failures caused by the behaviour byof “systemic platforms” in the digital world, building on the Platform to Business Regulation; such mechanism should allow regulatory authorities to impose remedies on these companies in order to address market failures, without the establishment of a breach of regulatory rules;

Amendment 859 #

Motion for a resolution
Annex I – part VII – paragraph 2 – indent 1

- set up an ex-ante mechanism to prevent (instead of merely remedy) unfair market behaviour by “~~systemic~~dominant platforms” in the digital world, building on the Platform to Business Regulation; such mechanism should allow regulatory authorities to impose remedies on these companies in order to address market failures, without the establishment of a breach of regulatory rules;

Amendment 86 #

Motion for a resolution
Paragraph 3

3. Considers that the main principles of the E-Commerce Directive, such as the internal market clause, freedom of establishment and the prohibition on imposing a general monitoring obligation should be maintained; underlines that the principle of “what is illegal offline is also illegal online”, as well as the principles of consumer protection and user safety, should also become guiding principles of the future regulatory framework; asks the Commission to provide the necessary legal certainty regarding certain definitions contained in the E-Commerce Directive, such as 'active’ and ‘passive’ nature and the meaning of the purely 'technical nature' of service providers and to specify, therefore, which digital services actually fall within its scope;

Amendment 860 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Liesje SCHREINEMACHER

Motion for a resolution
Annex I – part VII – paragraph 2 – indent 1

Amendment 861 #

Motion for a resolution
Annex I – part VII – paragraph 2 – indent 2

- ~~empower regulatory authorities to issue orders prohibiting undertakings, which have been identified as “systemic platforms”, from the following practices, inter alia:~~such a mechanism should allow the national regulatory authority of the country of origin to impose remedies on these companies in order to address market failures, based on the conditions within the legal instrument and a closed list of positive and negative actions. This report should not prejudge of this list and the impact assessment should make a thorough analysis of the different issues observed on the market so far such as: - discrimination in intermediary services; - making the use of data for making market entry by third parties more difficult; and engaging in practices aimed at locking-in consumers; undertakings should be given the possibility to demonstrate that the behaviour in question is justified, yet they should bear the burden of proof for this;- lack of interoperability and appropriate tools, data, expertise, and resources deployed to allow consumers switch between digital platforms or internet ecosystems - obligations on content management and moderation, such as content recommendations and personalisation of a user interface.

Amendment 862 #

Pablo ARIAS ECHEVERRÍA, Pilar del CASTILLO VERA, Pascal ARIMONT, Andrey KOVATCHEV, Tomislav SOKOL, Romana TOMC, Andreas SCHWAB

Motion for a resolution
Annex I – part VII – paragraph 2 – indent 2

- empower regulatory authorities to issue orders prohibiting undertakings, which have been identified as “"systemic platforms”", from the following practices, inter alia: discrimination in intermediary services; making the use of data for making market entry by third parties more difficult; data envelopment used to expand dominant position in adjacent markets, incurring in self-preferencing of their own products and services and engaging in practices aimed at locking- in consumers; undertakings should be given the possibility to demonstrate that the behaviour in question is justified, yet they should bear the burden of proof for this;

Amendment 863 #

Adam BIELAN, Beata MAZUREK, Eugen JURZYCA, Andżelika Anna MOŻDŻANOWSKA

Motion for a resolution
Annex I – part VII – paragraph 2 – indent 2

- empower regulatory authorities to issue orders prohibiting undertakings, which have been identified as “systemic platforms”, from the following practices, inter alia: discrimination in intermediary services; making the use of data for making market entry by third parties more difficult; and engaging in practices aimed at locking- in consumers; in response to detailed findings by a regulatory authority, undertakings should be given the possibility to demonstrate that the behaviour in question is justified~~, yet they should bear the burden of proof for this~~ prior to any order entering into force;

Amendment 864 #

Motion for a resolution
Annex I – part VII – paragraph 2 – indent 2

- empower regulatory authorities to issue orders prohibiting undertakings, which have been identified as “~~systemic~~dominant platforms”, from the following practices, inter alia: discrimination in intermediary services; making the use of data for making market entry by third parties more difficult; and engaging in practices aimed at locking- in consumers; undertakings should be given the possibility to demonstrate that the behaviour in question is justified, yet they should bear the burden of proof for this;

Amendment 865 #

Pablo ARIAS ECHEVERRÍA, Tomislav SOKOL, Andrey KOVATCHEV, Maria da Graça CARVALHO, Pascal ARIMONT, Romana TOMC, Andreas SCHWAB

Motion for a resolution
Annex I – part VII – paragraph 2 – indent 2

- empower ~~regulatory~~ authorities to issue orders prohibiting undertakings, which have been identified as “systemic platforms”, from the following practices, inter alia: discrimination in intermediary services; making the use of data for making market entry by third parties more difficult; and engaging in practices aimed at locking- in consumers yet authorities should bear the burden of proof for this; undertakings should be given the possibility to demonstrate that the behaviour in question is justified~~, yet they should bear the burden of proof for this~~;

Amendment 866 #

Motion for a resolution
Annex I – part VII – paragraph 2 – indent 2 a (new)

- explore other ex-ante remedies that prevent the creation of new systemic platforms. In addition to reactive ex-ante mechanism, the Digital Services Act should envisage preventive mechanisms that prevent the creation of digital gatekeepers;

Amendment 867 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Sandro GOZI, Stéphanie YON-COURTIN

Motion for a resolution
Annex I – part VII – paragraph 2 – indent 2 a (new)

- empower the Commission to impose further conditions and decisions in relation to the rules of competition, including on self-preferencing and overall vertical integration, while ensuring that both policy tools are completely independent;

Amendment 868 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Liesje SCHREINEMACHER, Sandro GOZI, Stéphanie YON-COURTIN

Motion for a resolution
Annex I – part VII – paragraph 2 – indent 2 b (new)

- reserve to the Commission the power to decide if an information society service provider is a “systemic platform” based on the conditions of the mechanism;

Amendment 869 #

Pablo ARIAS ECHEVERRÍA, Pilar del CASTILLO VERA, Tomislav SOKOL, Andrey KOVATCHEV, Edina TÓTH, Romana TOMC, Andreas SCHWAB

Motion for a resolution
Annex I – part VII – paragraph 2 – indent 3

- clarify that some regulatory remedies should be imposed on all ”systemic platforms” without the need for a decision by a regulatory authority, such as prohibition for “systemic platforms” to engage in self-preferencing or in any practices aimed at making it more difficult for consumers to switch suppliers, or other forms of discrimination that exclude or disadvantage other businesses;deleted

Amendment 87 #

Motion for a resolution
Paragraph 3

3. Considers that the main principles of the E-Commerce Directive, such as the internal market clause, freedom of establishment and the prohibition on imposing a general monitoring obligation should be maintained; underlines that the principle of “what is illegal offline is also illegal online”, as well as the principles of consumer protection and user safety, should also become guiding principles of the future regulatory framework; highlights that all platforms must have the same duty to protect consumers whereby asymmetrical legislation which targets only certain market actors can be introduced solely as a means to tackle market-related problems;

Amendment 870 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Liesje SCHREINEMACHER

Motion for a resolution
Annex I – part VII – paragraph 2 – indent 3

Amendment 871 #

Alex AGIUS SALIBA, Adriana MALDONADO LÓPEZ, Maria-Manuel LEITÃO-MARQUES, Clara AGUILERA, Brando BENIFEI, Maria GRAPINI, Andreas SCHIEDER, Evelyne GEBHARDT, Biljana BORZAN

Motion for a resolution
Annex I – part VII – paragraph 2 – indent 3

- clarify that some regulatory remedies should be imposed on all ”systemic platforms” without the need for a decision by a regulatory authority, such as transparency in the way the dominant platforms conduct business: in particular how they collect or use data, prohibition for “systemic platforms” to engage in self- preferencing or in any practices aimed at making it more difficult for consumers to switch suppliers, or other forms of discrimination that exclude or disadvantage other businesses; , prohibition on asymmetric business terms;

Amendment 872 #

Pablo ARIAS ECHEVERRÍA, Róża THUN UND HOHENSTEIN, Tomislav SOKOL, Andrey KOVATCHEV, Romana TOMC, Andreas SCHWAB

Motion for a resolution
Annex I – part VII – paragraph 2 – indent 3

- clarify that some regulatory remedies should be imposed on all “~~systemic~~dominant platforms” without the need for a decision by a regulatory authority, such as prohibition for “~~systemic~~dominant platforms” to engage in self-preferencing or in any practices aimed at making it more difficult for consumers to switch suppliers, or other forms of discrimination that exclude or disadvantage other businesses;

Amendment 873 #

Motion for a resolution
Annex I – part VII – paragraph 2 – indent 3

- clarify that some regulatory ~~remedi~~measures should be ~~impo~~addressed ton all ”"systemic platforms”" without the need for a decision by a regulatory authority, such as prohibition for “"systemic platforms”" to engage in self- preferencing or in any practices aimed at making it more difficult for consumers to switch suppliers, or other forms of discrimination that exclude or disadvantage other businesses;

Amendment 874 #

Pablo ARIAS ECHEVERRÍA, Pilar del CASTILLO VERA, Tomislav SOKOL, Andrey KOVATCHEV, Romana TOMC, Edina TÓTH, Andreas SCHWAB

Motion for a resolution
Annex I – part VII – paragraph 2 – indent 4

- empower regulatory authorities to adopt interim measures, and to impose behavioural remedies in the first instance and if these are not satisfied within the time limit settled by authorities, subsequently proportionate fines on “systemic platforms” that fail to respect the different regulatory obligations imposed on them;

Amendment 875 #

Motion for a resolution
Annex I – part VII – paragraph 2 – indent 4

- empower regulatory authorities to adopt interim measures and to impose ~~fin~~penalties on “"systemic platforms”" that fail to respect the different regulatory obligations imposed on them;

Amendment 876 #

Martin SCHIRDEWAN, Emmanuel MAUREL, Stelios KOULOGLOU

Motion for a resolution
Annex I – part VII – paragraph 2 – indent 4

- empower regulatory authorities to adopt interim measures and to impose fines on “~~systemic~~dominant platforms” that fail to respect the different regulatory obligations imposed on them;

Amendment 877 #

Motion for a resolution
Annex I – part VII – paragraph 2 – indent 5

- ensure that the rights, obligations and principles of the GDPR – including data minimisation, purpose limitation, data protection by design and by default, legal grounds for processing – must be observed and that shortcomings in view of profile building must be addressed in order to ensure adequate protection of consumers;

Amendment 878 #

Pablo ARIAS ECHEVERRÍA, Róża THUN UND HOHENSTEIN, Tomislav SOKOL, Andrey KOVATCHEV, Maria da Graça CARVALHO, Romana TOMC, Andreas SCHWAB

Motion for a resolution
Annex I – part VII – paragraph 2 – indent 5 a (new)

- ensure that users of "systemic platforms" will be able to effectively control results of algorithms suggesting them specific content; users should be properly informed of all the reasons why specific content is suggested to them;

Amendment 879 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Liesje SCHREINEMACHER

Motion for a resolution
Annex I – part VII – paragraph 2 – indent 6

Amendment 88 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Karen MELCHIOR, Svenja HAHN

Motion for a resolution
Paragraph 3

3. Considers that the main principles of the E-Commerce Directive, such as the internal market clause, freedom of establishment and the prohibition on imposing a general monitoring obligation should be maintained; underlines that the principle of “what is illegal offline is also illegal online”, as well as the principles of consumer protection and user safety, should also become guiding principles of the future regulatory framework; at the same time, underlines the opposite must be equally true in that digital goods and services must be able to freely move within the Single Market similarly to the free movement of physical goods and offline services;

Amendment 880 #

Motion for a resolution
Annex I – part VII – paragraph 2 – indent 6

- impose high levels of interoperability measures requiring “systemic platforms” to share appropriate tools, data, expertise, and resources deployed in order to limit the risks of users and consumers’ lock-in and the artificially binding users to one systemic platform with no possibility or incentives for switching between digital platforms or internet ecosystems. As part of those measures, the Commission should explore different technologies and open standards and protocols, including the possibility of a mechanical interface (Application Programming Interface) to be provided by systemic platforms, especially social media and messaging services, that allows users of competing platforms to dock on to the systemic platform and exchange information with it. Systemic platforms may not share, retain, monetize, or use any of the data that is received from third- parties during interoperability activities. Interoperability obligations should not limit, hinder or delay the ability of intermediaries to patch vulnerabilities.

Amendment 881 #

Motion for a resolution
Annex I – part VII – paragraph 2 – indent 6

- impose ~~high~~appropriate levels of interoperability measures requiring “systemic platforms” to share appropriate tools, data, expertise, and resources deployed in order to limit the risks of users and consumers’ lock-in and the artificially binding users to one systemic platform with no possibility or incentives for switching between digital platforms or internet ecosystems, taking into account the trade-off between interoperability and the potential risks of data sharing for consumers. As part of those measures, the Commission should explore different technologies and open standards and protocols, including the possibility of a mechanical interface (Application Programming Interface) that allows users of competing platforms to dock on to the systemic platform and exchange information with it. Related detailed estimations of the financial burden on the EU or national budgets must be included in the impact assessment of the Digital Services Act package.

Amendment 882 #

Pablo ARIAS ECHEVERRÍA, Romana TOMC, Maria da Graça CARVALHO, Andrey KOVATCHEV, Tomislav SOKOL, Róża THUN UND HOHENSTEIN, Andreas SCHWAB

Motion for a resolution
Annex I – part VII – paragraph 2 – indent 6

- impose high levels of technical interoperability measures requiring “systemic platforms” to ~~share appropriate tools, data, expertise, and resources deployed~~make their services, mechanisms and interfaces compatible with alternatives in order to limit the risks of users and consumers’ lock-in and the artificially binding users to one systemic platform with no possibility or incentives for switching between digital platforms or internet ecosystems. As part of those measures, the Commission should explore different technologies and open standards and protocols, including the possibility of a mechanical interface (Application Programming Interface) thatrequire them also, in order to avoid these same risks, to share appropriate tools, data, expertise, and resources deployed; have the Commission study, as part of these measures, several technologies, standards and open protocols allowsing users of competing platforms to ~~dock on to the systemic platform and exchange information with it.~~exchange information with the systemic platform, while preserving, for the latter, for two years after their effective use, the benefit of its skills, developments and innovations;

Amendment 883 #

Motion for a resolution
Annex I – part VII – paragraph 2 – indent 6

- ~~impos~~ensure high levels of interoperability measures requiring “"systemic platforms”" to share appropriate tools, non-rivalrous data, data, expertise, and resources deployed in order to limit the risks of users and consumers’ lock-in and the artificially binding users to one systemic platform with no possibility or incentives for switching between digital platforms or internet ecosystems and to empower users in deciding what kind of content they want to see. As part of those measures, the Commission should explore different technologies and open standards and protocols, including the possibility of a mechanical interface (Application Programming Interface) that allows users ~~of competing platforms~~ to dock on to the systemic platform and exchange information with it.

Amendment 884 #

Adam BIELAN, Beata MAZUREK, Andżelika Anna MOŻDŻANOWSKA

Motion for a resolution
Annex I – part VII – paragraph 2 – indent 6

- impose high levels of interoperability measures requiring “systemic platforms” operating in the same markets to share appropriate tools, data, expertise, and resources deployed in order to limit the risks of users and consumers’ lock-in and the artificially binding users to one systemic platform with no possibility or incentives for switching between digital platforms operating in the same markets or internet ecosystems. As part of those measures, the Commission should explore different technologies and open standards and protocols, including the possibility of a mechanical interface (Application Programming Interface) that allows users of competing platforms to dock on to the systemic platform and exchange information with it.

Amendment 885 #

Motion for a resolution
Annex I – part VII – paragraph 2 – indent 6

- impose high levels of interoperability and interconnectivity measures requiring “systemic platforms” to share appropriate tools, data, expertise, and resources deployed in order to limit the risks of users and consumers’ lock-in and the artificially binding users to one systemic platform with no possibility or incentives for switching between digital platforms or internet ecosystems. As part of those measures, the Commission should explore different technologies and open standards and protocols, including the possibility of a mechanical interface (Application Programming Interface) that allows users of competing platforms to dock on to the systemic platform and exchange information with it.

Amendment 886 #

Motion for a resolution
Annex I – part VII – paragraph 2 – indent 6

- impose high levels of interoperability measures requiring “~~systemic~~dominant platforms” to share appropriate tools, data, expertise, and resources deployed in order to limit the risks of users and consumers’ lock-in and the artificially binding users to one ~~systemic~~dominant platform with no possibility or incentives for switching between digital platforms or internet ecosystems. As part of those measures, the Commission should explore different technologies and open standards and protocols, including the possibility of a mechanical interface (Application Programming Interface) that allows users of competing platforms to dock on to the ~~systemic~~dominant platform and exchange information with it.

Amendment 887 #

Andreas SCHIEDER, Sylvie GUILLAUME, Adriana MALDONADO LÓPEZ, Clara AGUILERA, Maria GRAPINI

Motion for a resolution
Annex I – part VII – paragraph 2 – indent 6 a (new)

- put in place transparency obligations for recommendation systems of systemic providers including public documentation of rules and criteria for the functioning of recommendation algorithms, of recommendation outputs and their audiences, of content-specific ranking decisions and other interventions by the platform as well as of the organisational structures that control such systems, as well as real-time, high- level, anonymised data access through public APIs to verify the information provided in the public documentation.

Amendment 888 #

Motion for a resolution
Annex I – part VII – paragraph 2 – indent 6 a (new)

- ensure safety, transparency, freedom of choice and diversity for consumers.

Amendment 889 #

Motion for a resolution
Annex I – part VII – paragraph 2 – indent 6 b (new)

- create an unbundling remedy for hosting and content moderation activities thereby allowing third parties to offer content moderation or curation services to the platforms’ users. It should be designed as to address the contractual layer and the technical layer.

Amendment 89 #

Motion for a resolution
Paragraph 3

3. Considers that the main principles of the E-Commerce Directive, such as the internal market clause, freedom of establishment and the prohibition on imposing a general monitoring obligation as defined in the E-Commerce Directive and clarified by the Court of Justice of the European Union should be maintained; underlines that the principle of “what is illegal offline is also illegal online”, as well as the principles of consumer protection and user safety, should also become guiding principles of the future regulatory framework and must clearly be enforced, including new obligations for active platforms;

Amendment 890 #

Dita CHARANZOVÁ, Ivars IJABS, Vlad-Marius BOTOŞ, Andrus ANSIP, Liesje SCHREINEMACHER, Sandro GOZI, Stéphanie YON-COURTIN

Motion for a resolution
Annex I – part VII – paragraph 2 – indent 6 c (new)

- entrust the European Commission Directorate General for Competition with additional powers under Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 101 and 102 of the Treaty to send, following a market investigation, recommendations to market players as a means to intervene before markets tip in favour of the incumbent platform and therefore prevent serious damage to competition and consumers.

Amendment 891 #

Motion for a resolution
Annex I – part VIII – paragraph 1

The Digital Services Act should strengthen the internal market clause as the cornerstone of the Digital Single Market by complementing it with a new cooperation mechanism aimed at improving the cooperation and upon request and voluntary mutual assistance between Member States, in particular between the home country where the service provider is established and the host country where the provider is offering its services.

Amendment 892 #

Pablo ARIAS ECHEVERRÍA, Pilar del CASTILLO VERA, Pascal ARIMONT, Andrey KOVATCHEV, Tomislav SOKOL, Romana TOMC, Anna-Michelle ASIMAKOPOULOU, Andreas SCHWAB

Motion for a resolution
Annex I – part VIII – paragraph 1 a (new)

However, additional efforts with clear actions are necessary in order to address remaining obstacles in the digital single market and protectionist practices, such as: settling the costs of cross-border disputes, suppliers’ restrictions to selling cross-border, delivery-related matters, taxation rules, limited cross-border access to goods and services due to differences in intellectual property rights law, access to information on the relevant regulatory requirements, complex administrative procedures.

Amendment 893 #

Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE

Motion for a resolution
Annex I – part VIII – paragraph 2

The supervision and enforcement the Digital Services Act should be improved by the creation of central regulatory authority who should be responsible for overseeing compliance with the DSA and improve external monitoring, verification of platform activities, and better enforcement.deleted

Amendment 894 #

Motion for a resolution
Annex I – part VIII – paragraph 2

Amendment 895 #

Dita CHARANZOVÁ, Ivars IJABS, Andrus ANSIP, Liesje SCHREINEMACHER, Sandro GOZI, Stéphanie YON-COURTIN

Motion for a resolution
Annex I – part VIII – paragraph 2

Amendment 896 #

Motion for a resolution
Annex I – part VIII – paragraph 2

The supervision and enforcement the Digital Services Act should be improved by ~~the creation of central regulatory authority who should be responsible~~giving additional powers to the national regulator of the country of origin for overseeing compliance with the DSA and improve external monitoring, verification of platform activities, and better enforcement.

Amendment 897 #

Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE

Motion for a resolution
Annex I – part VIII – paragraph 2

The supervision and enforcement the Digital Services Act should be improved by the creation of a central regulatory authority who should be responsible for overseeing compliance with the DSA and improve external monitoring, verification of platform activities, and better enforcement.

Amendment 898 #

Motion for a resolution
Annex I – part VIII – paragraph 3

The central regulatory authority should prioritise cooperation between the Member States to address complex cross- border issues; to that end, it should work together with the network of independent NEBs and have detailed and extensive enforcement powers to launch initiatives and investigations into cross-border systemic issues.deleted

Amendment 899 #

Adam BIELAN, Beata MAZUREK, Andżelika Anna MOŻDŻANOWSKA

Motion for a resolution
Annex I – part VIII – paragraph 3

The c~~entral regulatory authority should prioritise cooperation between the Member States~~ooperation between the Member States should be encouraged and strengthened to address complex cross- border issues; to that end, ithe Member States and the Commission should work together with the network of independent NEBs, national regulatory and supervisory authorities as well as with existing network such as the European Consumers Centres Network and have detailed and extensive enforcement powers to launch initiatives and investigations into cross-border systemic issues.

Amendment 9 #

Motion for a resolution
Citation 4 a (new)

- having regard to the commitments made by the Commission in its “Political Guidelines for the next European Commission 2019-2024" and before the European Parliament on 10 September 2019,

Amendment 90 #

Motion for a resolution
Paragraph 3

Amendment 900 #

Motion for a resolution
Annex I – part VIII – paragraph 3

The ~~central regulatory authority~~Commission should prioritise cooperation between the Member States to address complex cross-border issues; to that end, it should work together with the network of independent NEBs and have ~~detailed and extensive enforcement~~ powers to propose launching initiatives and investigations into cross-border systemic issues to NEBs. However, it should stay up to NEBs to decide on whether to launch the investigation or not.

Amendment 901 #

Dita CHARANZOVÁ, Ivars IJABS, Andrus ANSIP, Liesje SCHREINEMACHER, Sandro GOZI, Stéphanie YON-COURTIN

Motion for a resolution
Annex I – part VIII – paragraph 3

The central regulatory authority should ~~prioritis~~facilitate cooperation between the Member States to address complex cross-border issues; to that end, it should work together with the network of independent NEBs and have detailed and extensive enforcement powers to launch initiatives and investigations into cross-border systemic issues.

Amendment 902 #

Motion for a resolution
Annex I – part VIII – paragraph 3

~~The centr~~National regulatory authorityies should prioritise cooperation between the Member States to address complex cross-border issues; to that end, it should work together with the network of independent NEBs and have detailed and extensive enforcement powers to launch initiatives and investigations into cross-border systemic issues.

Amendment 903 #

Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE

Motion for a resolution
Annex I – part VIII – paragraph 4

Amendment 904 #

Motion for a resolution
Annex I – part VIII – paragraph 4

Amendment 905 #

Dita CHARANZOVÁ, Ivars IJABS, Andrus ANSIP, Liesje SCHREINEMACHER, Sandro GOZI, Stéphanie YON-COURTIN

Motion for a resolution
Annex I – part VIII – paragraph 4

The central regulator should coordinate the work of the different authorities dealing with illegal content online, enforce compliance, fines, and be able to carry out auditing of intermediaries and platforms; in case of disagreement of the NEBs, at the request of the majority of NEBs, or in case of issues relevant for more than one country it takes the final decision.

Amendment 906 #

Motion for a resolution
Annex I – part VIII – paragraph 4

The ~~central regulator should coordinate~~Commission, through the Joint Research Centre, should offer their expertise and analysis upon request, including aid during investigations, to the work of the different authorities dealing with illegal content online, enforce compliance, fines, and be able to carry out auditing of intermediaries and platforms.

Amendment 907 #

Róża THUN UND HOHENSTEIN, Andrey KOVATCHEV, Maria da Graça CARVALHO, Tomislav SOKOL, Krzysztof HETMAN

Motion for a resolution
Annex I – part VIII – paragraph 4

The ~~central regulator~~Commission should coordinate the work of the different authorities dealing with illegal content online, enforce compliance, fines, and be able to carry out auditing of intermediaries and platforms. The Commission should be provided with the adequate means to do so.

Amendment 908 #

Motion for a resolution
Annex I – part VIII – paragraph 4

The central regulator should coordinate the work of the different authorities dealing with illegal and harmful content online, enforce compliance, fines, and be able to carry out auditing of intermediaries and platforms.

Amendment 909 #

Andreas SCHIEDER, Sylvie GUILLAUME, Adriana MALDONADO LÓPEZ, Clara AGUILERA, Maria GRAPINI

Motion for a resolution
Annex I – part VIII – paragraph 4 a (new)

To this extend, the central regulatory authority should be entrusted with the necessary supervision, monitoring and enforcement power needed to promote cross-border cooperation between Member States with respect to their respective national legal provisions.

Amendment 91 #

Motion for a resolution
Paragraph 3

3. Considers that ~~the main principles of the E-Commerce Directive~~unless proven otherwise by relevant data, the provisions of the E-Commerce Directive, including the main principles, such as the internal market clause, freedom of establishment and the prohibition on imposing a general monitoring obligation should be maintained; underlines that the principle of “what is illegal offline is also illegal online”, as well as the principles of consumer protection and user safety, should also become guiding principles of the future regulatory framework;

Amendment 910 #

Motion for a resolution
Annex I – part VIII – paragraph 4 a (new)

The investigative powers of the authority should include the right to conduct audits; in this regard it is essential for the software documentation, the algorithms and data sets used to be fully accessible to the authority, while respecting Union law.

Amendment 911 #

Motion for a resolution
Annex I – part VIII – paragraph 4 b (new)

The authority should facilitate and support the creation and maintenance of a European research repository that would combine data from multiple platforms to facilitate appeals processes and enable regulators, researchers and NGOs to review and analyse platform decisions.

Amendment 912 #

Motion for a resolution
Annex I – part VIII – paragraph 4 c (new)

Next to corrective powers, the enforcement powers of the authority should include the right to issue fines of up to 30 000 000 EUR, or in the case of an undertaking, up to 5 % of the total worldwide annual turnover.

Amendment 913 #

Motion for a resolution
Annex I – part VIII – paragraph 5

~~The central regulator should report to the Union institutions and maintain a ‘Platform Scoreboard’ with relevant information on the performance of online platforms.~~deleted

Amendment 914 #

Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE

Motion for a resolution
Annex I – part VIII – paragraph 5

~~The central regulator should report to the Union institutions and maintain a ‘Platform Scoreboard’ with relevant information on the performance of online platforms.~~deleted

Amendment 915 #

Motion for a resolution
Annex I – part VIII – paragraph 5

~~The central regulator should report to the Union institutions and maintain a ‘Platform Scoreboard’ with relevant information on the performance of online platforms.~~deleted

Amendment 916 #

Dita CHARANZOVÁ, Ivars IJABS, Andrus ANSIP, Liesje SCHREINEMACHER, Sandro GOZI, Stéphanie YON-COURTIN, Svenja HAHN

Motion for a resolution
Annex I – part VIII – paragraph 5

The ~~central regulator should report to the Union institutions an~~Commission could maintain a ‘Platform Scoreboard’ with relevant information on the performance of online platforms.

Amendment 917 #

Motion for a resolution
Annex I – part VIII – paragraph 5

The central regulator should report to the Union institutions and maintain a public ‘Platform Scoreboard’ with relevant information on the performance of online platforms.

Amendment 918 #

Motion for a resolution
Annex I – part VIII – paragraph 5

The ~~central regulator should report to the Union institutions an~~Commission should maintain a ‘Platform Scoreboard’ with relevant information on the performance of online platforms.

Amendment 919 #

Motion for a resolution
Annex I – part VIII – paragraph 6

~~The Digital Services Act should also introduce new enforcement elements into Article 16 of the E-Commerce Directive regarding self-regulation.~~deleted

Amendment 92 #

Marc ANGEL, Maria GRAPINI, Sándor RÓNAI

Motion for a resolution
Paragraph 3

Amendment 93 #

Motion for a resolution
Paragraph 3

Amendment 94 #

Marco CAMPOMENOSI, Antonio Maria RINALDI, Isabella TOVAGLIERI, Markus BUCHHEIT, Jean-Lin LACAPELLE

Motion for a resolution
Paragraph 3

Amendment 95 #

Adam BIELAN, Beata MAZUREK, Eugen JURZYCA, Andżelika Anna MOŻDŻANOWSKA

Motion for a resolution
Paragraph 3

3. ~~Consider~~Stresses that the main principles of the E-Commerce Directive, such as the internal market clause, freedom of establishment and the prohibition on imposing a general monitoring obligation should be maintained; underlines that the principle of “what is illegal offline is also illegal online”~~, as well as the principles of~~; considers that the consumer protection and user safety, should also become guiding principles of the future regulatory framework;

Amendment 96 #

Evelyne GEBHARDT, Monika BEŇOVÁ, Andreas SCHIEDER

Motion for a resolution
Paragraph 3 a (new)

3a. Highlights that there are distinctions and differences between digital services providers and the services they provide; stresses that what might make sense for some digital services providers in terms of content moderation may not be appropriate, nor technically feasible, for other types of services; therefore, calls on the Commission consider sector or purpose specific requirements approach;

Amendment 97 #

Motion for a resolution
Paragraph 3 a (new)

3a. Recalls that given the extension of the scope of the E-Commerce Directive to all digital services, for those services covered by the Services Directive, the country of destination principle as stipulated in the Services Directive should apply. This is necessary to ensure the principle of “what is illegal offline is also illegal online”.

Amendment 98 #

Motion for a resolution
Paragraph 3 a (new)

3a. Notes that rules on consumer protection and user safety, including their enforcement rules, are well established by both, the EU and national legislation; Asks the Commission to provide analyses about the enforcement of these rules and potential shortcomings in enforcement;

Amendment 99 #

Andreas SCHIEDER

Motion for a resolution
Paragraph 4

4. Stresses that a future-proof, comprehensive EU-level framework and fair competition are crucial in order to promote the growth of European small- scale platforms, small and medium enterprises (SMEs) and start-ups, prevent market fragmentation and provide European businesses with a level playing field that enables them to better profit from the digital services market and be more competitive on the world stage; suggests the implementation of thresholds for further regulation (e.g. on illegal content, law enforcement etc.) of providers to be able to categorize them in "large providers", "medium providers" and "small providers"; Recalls that fair regulation and fair competition between providers with a significant digital presence and small providers is needed;

source: 652.350

2020/05/27 LIBE 95 amendments...

Amendment 1 #

Draft opinion
Paragraph -1 (new)

-1. Stresses that the reform ofthe current liability regime for digital service providers must be proportionate, must not disadvantage small and medium sized companies, and must not limit innovation, access to information, and freedom of expression;

Amendment 10 #

Tomáš ZDECHOVSKÝ, Roberta METSOLA, Javier ZARZALEJOS

Draft opinion
Paragraph 1 – subparagraph 1 (new)

Notes that platforms use automated decision making algorithms to disseminate and order the content shown to the users, including to organise their personal feed; stresses that these algorithms, how they work and how they order the shown material, are a black box to users, which takes away choice and control from the user, enables the creation of echo chambers and leads to a distrust in digital services; calls on the Commission to compel digital services, in its DSA proposal, to offer content by default in a chronological order, and to increase user control to influence the content they see by default;

Amendment 11 #

Draft opinion
Paragraph 1 a (new)

1 a. Considers that illegal content online should be treated in the same way as illegal content offline, while fully respecting fundamental rights; points out that illegal content online does not only undermine citizens' trust in the digital environment but may also have grave and long-lasting consequences for internal security and fundamental rights, especially of children; underlines that the swift and consistent detection and removal or blocking of illegal content online continues to be an urgent challenge as national approaches towards the removal or blocking of illegal content online lack sufficient harmonisation; acknowledges that a differentiation has to be made between the various types of illegal content online as some content, notably child sexual exploitation material, is manifestly illegal while the nature of other types of content might depend on the applicable national law or can only be ascertained through contextualisation;

Amendment 12 #

Eva KAILI, Klára DOBREV, Marina KALJURAND

Draft opinion
Paragraph 1 a (new)

1 a. Notes that transparency in an algorithm used for digital products and services is a significant characteristic; upon request of the competent authorities, digital service providers should be obliged to make their proprietary algorithms available, explain the intended goal and compare this goal with the actual outcome; digital service providers should amend and adapt their algorithms immediately when the intended outcome is deemed unlawful or unethical; open- source algorithm libraries should be encouraged as an instrument that increases transparency and accelerates both the technology adoption and the quality of the architecture;

Amendment 13 #

Caterina CHINNICI, Hilde VAUTMANS

Draft opinion
Paragraph 1 a (new)

1 a. Considers that the notice and action mechanism should rank different types of providers, sectors and illegal content, in the latter, particular focus should be given on child sexual abuse material, whose nature is manifestly illegal;

Amendment 14 #

Eva KAILI, Klára DOBREV, Marina KALJURAND

Draft opinion
Paragraph 1 b (new)

1 b. Stresses that exclusive reliance on notice-and-take-down measures and voluntary action by online intermediaries is not sufficient to effectively address illegal content online; believes that the responsibility of online intermediaries to tackle manifestly illegal content on their platforms and the infrastructure they provide should be considerably increased, while taking into account their scale of reach and operational capacities; underlines the importance to complement this responsibility with effective remedies to be made available to content providers whose content was removed; emphasises, in this regard, that an explicit legal basis for proactive measures to detect and remove or block known illegal content is needed in addition to clear rules on duty of care to ensure compliance with the requirements of Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR)1c; _________________ 1cRegulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

Amendment 15 #

Draft opinion
Paragraph 1 b (new)

1 b. Underlines that in cases of denial of access to a digital product or service, consumers should always be able to inquire about the logic of the decision and the decision-making process; further notes that consumers should always be explicitly informed whether their engagement is with a human or with a machine; emphasises that humans should always have the final responsibility; calls on the Commission to determine the significant role of human operators in the material execution of a decision made by an artificial intelligence (AI) system;

Amendment 16 #

Tomáš ZDECHOVSKÝ, Roberta METSOLA, Javier ZARZALEJOS, Kris PEETERS

Draft opinion
Paragraph 1 c (new)

1 c. Highlights that illegal content online can easily be multiplied and its negative impact amplified within a very short period of time; reminds that Facebook alone blocked 1.2 million copies of the video of the March 2019 Christchurch attacks at the point of upload and removed another 300,000 copies within 24 hours of the attack, which would not have been possible if each individual removal or blocking decision had been subject to human verification; believes, therefore, that online intermediaries should be expressly allowed to have recourse to automated tools to detect and remove or block access to content whose illegality has either been established by a court or whose illegal nature can be easily determined without contextualisation; stresses, however, that there should be no general monitoring obligation;

Amendment 17 #

Draft opinion
Paragraph 1 d (new)

1 d. Reiterates, moreover, that cooperation between online intermediaries and competent national authorities should be improved to ensure the swift blocking or removal of content flagged by competent authorities and the successful investigation and prosecution of illegal content providers; underlines the importance to harmonise the rules and procedures across the Union in relation to content removals or blockings following notifications by law enforcement, including appropriate time limits for responses to legitimate removal requests and sanctions for systematic failure to respond to such requests;

Amendment 18 #

Tomáš ZDECHOVSKÝ, Roberta METSOLA, Javier ZARZALEJOS, Kris PEETERS

Draft opinion
Paragraph 1 e (new)

1 e. Stresses the need to ensure that removal or blocking decisions are accurate, well-founded and respect fundamental rights; reiterates that access to judicial redress should available to content providers to satisfy the right to effective remedy; highlights, in this regard, that transparency obligations should be imposed on online intermediaries as regards the criteria applied to decide on removals or blockings and the technology used to guarantee the application of necessary safeguards and to avoid discrimination and unnecessary removals or blockings; believes furthermore that more transparency is required, both on the side of online platforms and law enforcement authorities, regarding the types of content removed and the reasons therefor;

Amendment 19 #

Draft opinion
Paragraph 2

2. Emphasises that the rapid development of digital services requires strong and future-proof legislation tohat protects privacy ~~and a~~, provides reasonable duty of care to ensure digital dignity and effectively addresses illegal content; stresses ~~therefore~~ in this regard that all digital service providers need to fully respect Union data protection law, namely Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR)1 and Directive (EC) 2002/58 of the European Parliament and of the Council (ePrivacy)2 , currently under revision, and othe ~~freedom of expression~~r Union legislation which includes obligations upon them with the aim to balance the right of users to freedom of expression with the right to liberty and security; _________________ 1Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). 2 Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37).

Amendment 2 #

Javier MORENO SÁNCHEZ, Juan Fernando LÓPEZ AGUILAR, Domènec RUIZ DEVESA

Draft opinion
Paragraph -1 a (new)

-1 a. Stresses that the Digital Services Act should provide a level-playing field by offering sufficient legal clarity regarding the concepts and definitions included in the legislation and by applying to all relevant actors offering digital services in the Union, regardless of whether they are established inside or outside the Union;

Amendment 20 #

Draft opinion
Paragraph 2

2. Emphasises that the rapid development of digital services requires strong legislation to protect privacy and a reasonable duty of care to ensure digital dignity; stresses therefore in this regard that all digital services need to fully respect Union data protection law, namely Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR)1 and Directive (EC) 2002/58 of the European Parliament and of the Council (ePrivacy)2, currently under revision,; underlines that the Digital Services Act should respect the broad framework of fundamental European rights of users and consumers, such as non- discrimination, justice and the freedom of expression; _________________ 1Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). 2 Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37).

Amendment 21 #

Draft opinion
Paragraph 2

2. Emphasises that the rapid development of digital services requires strong legislation to protect privacy and a reasonable duty of care to ensure ~~digital dignity~~citizens' digital security, which is essential in order to comply with the principle of the free movement of digital services; stresses therefore in this regard that all digital services need to fully respect Union data protection law, namely Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR)1 and Directive (EC) 2002/58 of the European Parliament and of the Council (ePrivacy)2, currently under revision, and the freedom of expression; _________________ 1Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). 2 Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37).

Amendment 22 #

Draft opinion
Paragraph 2

2. Emphasises that the rapid development of digital services requires a strong ~~legislation to protect privacy and a reasonable duty of care to ensure digital dignit~~futureproof legislative framework to protect personal data and privacy; stresses therefore in this regard that all digital services need to fully respect Union data protection law, namely Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR)1 and Directive (EC) 2002/58 of the European Parliament and of the Council (ePrivacy)2 , currently under revision, ~~and~~ the freedom of expression and non-discrimination; _________________ 1 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). 2 Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37).

Amendment 23 #

Draft opinion
Paragraph 2

2. Emphasises that the rapid development of digital services requires strong legislation to protect privacy and ~~a reasonable duty of care~~personal data to ensure digital dignity; stresses therefore in this regard that all digital services need to fully respect Union data protection law, namely Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR)1 and Directive (EC) 2002/58 of the European Parliament and of the Council (ePrivacy)2 , currently under revision, and the freedom of expression; _________________ 1Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). 2 Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37).

Amendment 24 #

Draft opinion
Paragraph 2 a (new)

2a. Considers it essential to better protect citizens and consumers from the dissemination of illegal or harmful content, which impinges on the fundamental rights of individuals and democracy; deems it necessary to make online platforms more responsible by implementing a common framework to effectively detect and remove illegal content; considers, in particular, that a harmonised EU framework should be based on due diligence obligations so that platforms implement proactive and effective measures, in addition to the obligations regarding transparency and information; considers it important to conduct "notification and action" procedures to identify new content, via the obligation to monitor content that has already been deemed illegal and removed, in order to prevent it from reappearing online;

Amendment 25 #

Draft opinion
Paragraph 2 a (new)

2 a. Underscores the need for the Digital Single Market policies to identify general standards of acceptable digital infrastructure in the design of the « technological stack » of the digital services or the digital/smart products; asks the Commission to define and apply standards that make sure that hardware, software, code, connectivity systems and storage/data management architecture are set by default in a way that protect the privacy of the consumer, that the consumer’s data are exclusively used within the nodes of the connecting devices that improve the consumer’s experience and they are not transferred to third parties for other commercial uses without the explicit consent of the consumer ;

Amendment 26 #

Draft opinion
Paragraph 2 a (new)

2 a. Notes that since the online activities of an individual allow for deep insights into their personality and make it possible to manipulate them, the general and indiscriminate collection of personal data concerning every use of a digital service interferes disproportionately with the right to privacy; confirms that users have a right not to be subject to pervasive tracking when using digital services; stresses that in the spirit of the jurisprudence on communications metadata, public authorities shall be given access to a user’s subscriber and metadata only to investigate suspects of serious crime with prior judicial authorisation;

Amendment 27 #

Draft opinion
Paragraph 2 a (new)

2 a. Calls on the Commission to provide a clearly defined notice-and- action framework for the content hosting platforms to use in the fight against illegal content; stresses that such a framework has to guarantee fundamental rights of users through access to judicial redress and the right to appeal;

Amendment 28 #

Draft opinion
Paragraph 2 a (new)

2 a. Stresses the importance of clear obligations with regard to content moderation; underlines for this reason the principle of what is illegal offline is illegal online and the prohibition of general monitoring; asks the Commission to let these principles prevail in the DSA- proposal;

Amendment 29 #

Draft opinion
Paragraph 2 a (new)

2 a. Is convinced that digital service providers must not retain data for law enforcement purposes unless a targeted retention of an individual user’s data is directly ordered by a democratically accountable competent public authority in line with Union law.

Amendment 3 #

Dragoş TUDORACHE

Draft opinion
Paragraph 1

1. Underlines that digital services and 1. their underlying algorithms need to fully respect fundamental rights, especially the protection of privacy and personal data, non-discrimination and the freedom of speech and information, as enshrined in the Treaties and the Charter of Fundamental rights of the European Union; calls therefore on the Commission to implement an obligation of transparency and explainability of algorithms, and the possibility of human intervention, as well as other measures, such as independent audits and specific stress tests to assist and enforce compliance, based on a differentiated and risk-based approach in what the application of algorithms is concerned, with more strict rules for algorithms that pose potential threats to fundamental rights and freedoms;

Amendment 30 #

Draft opinion
Paragraph 2 b (new)

2 b. Notes that digital services use advanced algorithms, which analyse or predict aspects concerning the user’s personal preferences, interests or behaviour, for profiling; emphasises that the quality of output of automated decision making algorithms is subject to the quality of used data and the chosen predetermined parameters; stresses that the use of automated decision making algorithms requires a strong legislative framework which protects privacy and personal data, and together with a duty of care obligation overseeing the legitimate use of the algorithms, that does not apply to content moderation, ensures full compliance; calls therefore on the Commission to work out a duty of care regime, which has its basis in the e- Commerce Directive1a through detailed sectoral guidelines in order to use automated decision making algorithms in compliance with the fundamental rights of protection of personal data and privacy, laid down in the General Data Protection Regulation2a; _________________ 1aRecital 48 of the e-Commerce Directive 2000 2aRecital 71 and article 22 General Data Protection Regulation

Amendment 31 #

Draft opinion
Paragraph 2 b (new)

2 b. Believes that the EU should develop its own adequate capacity for cloud services as well as to facilitate the development of a decentralized, interoperable system of data governance that enables the efficient use of local infrastructures, including fog, mist and edge computing; asks on the Commission to enable the development of these local data infrastructures to support the expansion of IoT consumer products, IoT industrial products, and Smart Cities applications;

Amendment 32 #

Draft opinion
Paragraph 2 b (new)

2 b. Stresses that in order to overcome the lock-in effect of centralised networks and to ensure competition and consumer choice, users of dominant social media services and messaging services shall be given a right to cross-platform interaction via open interfaces (interconnectivity); highlights that these users shall be able to interact with users of alternative services, and that the users of alternative services shall be allowed to interact with them;

Amendment 33 #

Draft opinion
Paragraph 2 b (new)

2 b. Reminds of the incompetence of current automated tools in grasping the importance of context for specific pieces of content; takes therefore the view that the Digital Services Act should not contain any obligation for the use of automated tools in content moderation; believes that any voluntary automated measures put in place by the content hosting platforms should be subject to human oversight and to full transparency of design and performance;

Amendment 34 #

Draft opinion
Paragraph 2 b (new)

2b. Deems it necessary, with regard to the increasing fragmentation of national laws concerning the fight against illegal or harmful content, to strengthen cooperation between the Member States, in particular with the support of the Commission and the EU agencies; underlines the importance of such a dialogue, in particular as regards the differing opinions among Member States on whether content is illegal or not and its potential impact;

Amendment 35 #

Draft opinion
Paragraph 2 b (new)

2 b. Requests that digital services should to the maximum extent possible be accessible without the need for users to reveal their identity;

Amendment 36 #

Draft opinion
Paragraph 2 b (new)

2 b. Reiterates that digital service providers must respect and enable their users’ right to data portability as laid down in Union law;

Amendment 37 #

Draft opinion
Paragraph 2 c (new)

2 c. Stresses that, in order to protect the freedom of expression and information, it is crucial to maintain the limited liability regime and the prohibition of general monitoring obligations for intermediaries; notes that automated tools are unable to differentiate illegal content from content that is legal in a given context; highlights that a review of automated reports by service providers, their staff or their contractors does not solve this problem as private staff lack the independence, qualification and accountability of public authorities; therefore stresses that the Digital Services Act shall explicitly prohibit any obligation on hosting service providers or other technical intermediaries to use automated tools for content moderation; content moderation procedures used by providers shall not lead to any ex-ante control measures based on automated tools or upload-filtering of content; urges the adoption of rules on transparent notice- and-action mechanisms that provide for adequate safeguards and possibilities to seek effective remedies against decisions removing legal online content; stresses that independent public authorities should be ultimately responsible to determine whether online content is legal or not;

Amendment 38 #

Draft opinion
Paragraph 2 c (new)

2 c. Emphasises that there are certain differences still between online and offline worlds, for instance, in terms of anonymity, the absence of a governing entity, between the balances of power and technical capabilities; calls therefore on the Commission to let the principles of human dignity and 'what is illegal offline is illegal online' prevail in its DSA- proposal and to introduce in the DSA the concept of digital dignity, which builds upon these principles and embodies the fundamental rights of individuals;

Amendment 39 #

Tomáš ZDECHOVSKÝ, Roberta METSOLA, Javier ZARZALEJOS

Draft opinion
Paragraph 2 c (new)

2 c. Takes the position that any content moderation measure in the Digital Services Act should concern illegal content only as it is defined in national jurisdictions and should not include legally vague and undefined terms, such as “harmful content”, as targeting such content would put fundamental rights and freedom of speech at serious risk;

Amendment 4 #

Draft opinion
Paragraph 1

1. Underlines that digital services and their underlying algorithms need to fully respect fundamental rights, especially the protection of privacy and personal data, non-discrimination, the rights of the child, and the freedom of speech and information, as enshrined in the Treaties and the Charter of Fundamental rights of the European Union; calls therefore on the Commission to implement an obligation of transparency, user-friendliness and explaina~~bility~~tion in layman’s terms for consumers of algorithms, and the possibility of human intervention, as well as other measures, such as independent audits and specific stress tests to assist and enforce compliance;

Amendment 40 #

Draft opinion
Paragraph 2 d (new)

2 d. Emphasises the need to regulate content curation through giving more control to users on the way content is ranked to them, including options to a ranking outside their ordinary content consumption habits and to opt out completely of any content curation; strongly believes that the design and performance of such recommendation systems should be subject to transparency;

Amendment 41 #

Draft opinion
Paragraph 2 d (new)

2 d. Emphasizes that no notice-and- stay-down-mechanisms should be imposed as they rely on algorithms that cannot assess the legality of content;

Amendment 42 #

Draft opinion
Paragraph 2 e (new)

2 e. Highlights that, in order to constructively build upon the rules of the e-Commerce Directive and to ensure legal certainty, applicable legislation shall exhaustively and explicitly spell out the duties of digital service providers rather than imposing a general duty of care; highlights that the legal regime for digital providers liability should not depend on uncertain notions such as the ‘active’ or ‘passive’ role of providers;

Amendment 43 #

Draft opinion
Paragraph 2 e (new)

2 e. Considers that content hosting platforms should be obliged to report any illegal content constituting a serious crime to the relevant law enforcement authorities upon becoming aware of it;

Amendment 44 #

Tomáš ZDECHOVSKÝ, Roberta METSOLA, Javier ZARZALEJOS

Draft opinion
Paragraph 2 f (new)

2 f. Stresses that the responsibility for enforcing the law, deciding on the legality of online activities and ordering hosting service providers to remove or disable access to content as soon as possible shall rest with independent judicial authorities; only a hosting service provider that has actual knowledge of illegal content and its illegal nature shall be subject to content removal obligations;

Amendment 45 #

Draft opinion
Paragraph 3

3. Recommends the Commission to work on harmonising the national ~~personal~~electronic identification s~~ign-ins~~ystem with a view to creating a single ~~Union sign-in system in order to~~electronic identification system for EU citizens which ensures the protection of personal data and age verification, especially for children, and makes public services more accessible to everyone; considers that such a system should be secure and only process the data that is necessary for the identification of the user;

Amendment 46 #

Draft opinion
Paragraph 3

3. RIs against any kind of general Internet sign-in system; recommends Commission to work on harmonising the national personal identification sign-ins with a view to creating a single Union sign-in system in order to ensure the protection of personal data and age verification, especially for children, for digital services, which require personal identification or age verification;

Amendment 47 #

Draft opinion
Paragraph 3

3. Recommends the Commission to ~~work on harmonising the national personal identification sign-ins with a view to creating a single Union sign-in system~~create a verification system for users of digital services, in order to ensure the protection of personal data and age verification, especially for ~~children~~minors, which shall not be used to track the users cross- site nor used commercially;

Amendment 48 #

Draft opinion
Paragraph 3

3. ~~Recommends~~Calls on the Commission to work on harmonising the national personal identification sign-ins with a view to creating a single Union sign-in system in order to ensure the protection of personal data and age verification, especially for childrenreflect on the need and the technical possibilities for age verification systems; stresses that such systems must be transparent, secure, and anonymised in order to prevent data misuse and user tracking;

Amendment 49 #

Draft opinion
Paragraph 3 – subparagraph 1 (new)

Underlines that the only way for users of digital services to be identified in an equivalent manner compared to offline services is the recognition of a pan- European digital identification; reminds in this regard that Member States and European institutions have to guarantee the security of the European digital identification;

Amendment 5 #

Draft opinion
Paragraph 1

1. Underlines that digital services and their underlying algorithms need to fully respect fundamental rights, especially the protection of privacy and personal data, non-discrimination, the protection of intellectual property rights and the freedom of speech and information, as enshrined in the Treaties and the Charter of Fundamental rights of the European Union; calls therefore on the Commission to implement an obligation of transparency and explainability of algorithms, and the possibility of human intervention, as well as other measures, such as independent audits and specific stress tests to assist and enforce compliance;

Amendment 50 #

Draft opinion
Paragraph 3 a (new)

3 a. Stresses that in line with the principle of data minimisation established by the General Data Protection Regulation, the Digital Services Act shall require intermediaries to enable the anonymous use of their services and payment for them wherever it is technically possible, as anonymity effectively prevents unauthorized disclosure, identity theft and other forms of abuse of personal data collected online; only where existing legislation requires businesses to communicate their identity, providers of major market places could be obliged to verify their identity, while in other cases the right to use digital services anonymously shall be upheld;

Amendment 51 #

Roberta METSOLA, Tomáš ZDECHOVSKÝ

Draft opinion
Paragraph 3 a (new)

3 a. Notes unnecessary collection of personal data by digital services at the point of registration for a service, such as date and place of birth, cell phone number and postal address, often caused by the use of single-sign in possibilities; underlines that the GDPR clearly describes the data minimisation principle, thereby limiting the collected data to only that strictly necessary for the purpose; asks therefore the Commission to create a single European sign-in system and to introduce an obligation to always also offer a manual sign-in option;

Amendment 52 #

Draft opinion
Paragraph 4

4. Points out that biometric data is considered to be a special category of personal data with specific rules for processing; notes that biometrics can and are increasingly used for identification and authentication of individuals including in a number of sensitive areas such as banking and essential services such as healthcare, which entails significant risks to and interfere~~nce~~s with the right to privacy and data protection, ~~as well as enabling identity fraud~~when carried out without the consent of the data subject, as well as enabling identity fraud when applied without robust security safeguards; calls on the Commission to incorporate in its Digital Services Act an obligation to always give users of digital services an alternative for using biometrical data for the functioning of a service, and an obligation to clearly inform the customers on the risks of using biometric data; ~~stresses that~~highlights the numerous advantages of the use of biometric data, specifically, the higher level of security when compared to alphanumeric security features or PIN codes; notes that, therefore, biometric data can be utilised to offer a wide range of services digitally that would currently require the physical presence of the data subject; urges that, to the greatest extent possible, a digital service may not be refused where the individual ~~refuses~~does not consent to use biometric data;

Amendment 53 #

Draft opinion
Paragraph 4

4. Points out that biometric data is considered to be a special category of personal data with specific rules for processing; nNotes that biometrics can and are used for identification and authentication of individuals, which entails significant risks to and interferences with the right to privacy and data protection, as well as enabling identity fraud; cCalls on the Commission to incorporate in its Digital Services Act an obligations on digital services to store biometric data only locally, unless specifically used for research and development of its service and to always give users of digital services an alternative for using biometrical data for the functioning of a service~~, and an obligation to clearly inform the customers on the risks of using biometric data~~; sStresses that a digital service may not be refused where the individual refuses to use biometric data;

Amendment 54 #

Caterina CHINNICI, Hilde VAUTMANS

Draft opinion
Paragraph 4

4. Points out that biometric data is considered to be a special category of personal data with specific rules for processing; notes that biometrics can and are used for identification and authentication of individuals, which entails significant risks to and interferences with the right to privacy and data protection, as well as enabling identity fraud; calls on the Commission to incorporate in its Digital Services Act an obligation to always give users of digital services an alternative for using biometrical data set by default for the functioning of a service, and an obligation to clearly inform the customers on the risks of using biometric data; stresses that a digital service may not be refused where the individual refuses to use biometric data;

Amendment 55 #

Draft opinion
Paragraph 4 a (new)

4 a. Takes the view that a central authority in charge of the supervision, cooperation and enforcement of the DSA should have a specific section dedicated to the illegal content, while differentiating among the different parts of the DSA;

Amendment 56 #

Roberta METSOLA, Tomáš ZDECHOVSKÝ

Draft opinion
Paragraph 4 a (new)

4 a. Further notes the added value to quality of life that the security of biometric data brings to persons living with disabilities, which render physical presence when obtaining essential services difficult;

Amendment 57 #

Tomáš ZDECHOVSKÝ, Javier ZARZALEJOS, Kris PEETERS

Draft opinion
Paragraph 4 a (new)

4 a. Favours an opt-in over an opt-out system for targeted advertising;

Amendment 58 #

Dragoş TUDORACHE

Draft opinion
Paragraph 5

5. Notes the potential negative impact of micro-targeted advertising and of assessment of individuals, especially on minors and other vulnerable groups, by interfering in the private life of individuals, posing questions as to the collection and use of the data used to target said advertising, offering products or services or setting prices; calls therefore on the Commission to introduce a limitation on micro-targeted advertisements, especially on vulnerable groups, and a prohibition on the use of discriminatory practices for the provision of services or products; given the potential to disrupt the functioning of democratic processes, calls on an even more strict approach to micro-targeted advertising with electoral and political content, with a clear obligation to inform consumers of the advertisement nature of the content and of the sponsoring entity.

Amendment 59 #

Draft opinion
Paragraph 5

5. Notes th~~e potential negative impact of~~at behavioural advertising, including micro-target~~ed advertis~~ing, and of assessment of individuals, may better address potential needs than contextual advertising but can also have negative impacts, especially on minors and other vulnerable groups, by interfering in the private life of individuals, posing questions as to the collection and use of the data used to target said advertising, offering products or services or, setting prices~~; calls therefore on the Commission to introduce~~, or influencing democratic processes and elections; calls therefore on the Commission to introduce specific requirements with regard to behavioural advertising to protect fundamental rights, including a limitation on micro-targeted advertisements~~, especially~~ on vulnerable groups, and a prohibition on the use of discriminatory practices for the provision of services or products.;

Amendment 6 #

Draft opinion
Paragraph 1

1. Underlines that digital services and their underlying algorithms need to fully respect fundamental rights, especially privacy, the protection of ~~privacy and~~ personal data, non-discrimination and the freedom of ~~speech~~expression and information, as enshrined in the Treaties and the Charter of Fundamental rights of the European Union; calls therefore on the Commission to implement an obligation of transparency and explainability of algorithms, penalties to enforce such obligations, and the possibility of human intervention, as well as other measures, such as independent audits and specific stress tests to assist and enforce compliance;

Amendment 60 #

Roberta METSOLA

Draft opinion
Paragraph 5

5. Notes the safeguards that digital service providers and online platforms have introduced on their own initiative and following various exchanges of views with the Parliament and the Commission to avoid the potential negative impact ofposed by micro-targeted advertising and of assessment of individuals, especially on minors and other vulnerable groups, by interfering in the private life of individuals, posing questions as to the collection and use of the data used to target said advertising, offering products or services or setting prices; calls therefore on the Commission to introduce a limitation on micro-targeted advertisements, especially on vulnerable groups, and a prohibition on the use of discriminatory practices for the provision of services or products.

Amendment 61 #

Draft opinion
Paragraph 5

5. Notes the potential negative impact of micro-targeted advertising and of assessment of individuals without their consent, especially on minors and other vulnerable groups, by interfering in the private life of individuals, posing questions as to the collection and use of the data used to target said advertising, offering products or services or setting prices; calls therefore on the Commission to introduce a limitation on micro-targeted advertisements without consent, especially on vulnerable groups, and a prohibition on the use of discriminatory practices for the provision of services or products.

Amendment 62 #

5. Notes the potential negative impact of ~~micro-targeted advertising~~personalised advertising, in particular micro-targeted and behavioural advertisements, and of assessments of individuals, especially on minors ~~and other vulnerable groups~~, by interfering in the private life of individuals, posing questions as to the collection and use of the data used to ~~target said~~personalise advertising, offering products or services or setting prices; cCalls therefore on the Commission to introduce a ~~limitation on micro-targeted advertisements, especially on vulnerable group~~phase-out prohibition on personalised advertisements, starting with minors, and a prohibition on the use of discriminatory practices for the provision of services or products.;

Amendment 63 #

Draft opinion
Paragraph 5

5. Notes the potential negative impact of micro-targeted advertising and of assessment of individuals, especially on minors and other vulnerable groups, by interfering in the private life of individuals, posing questions as to the collection and use of the data used to target said advertising, offering products or services or setting prices; ~~calls therefore on the Commission to introduce a limitation on micro-targeted advertisements, especially on vulnerable groups, and a prohibition on~~reconfirms that the ePrivacy Directive makes targeted advertising subject to an opt-in decision and that it is otherwise prohibited, calls on the Commission to prohibit the use of discriminatory practices for the provision of services or products.

Amendment 64 #

Draft opinion
Paragraph 5 a (new)

5 a. Calls on the Commission to set up, similarly to the European system of financial supervision (ESFS), a European system of digital services' supervision and to task existing EU agencies and competent national supervisory authorities to audit digital service providers’ internal policies and algorithms with due regard to Union law and in all circumstances to the fundamental rights of the services’ users, taking into account the fundamental importance of non-discrimination and the freedom of expression and information in an open and democratic society, and without publishing commercially sensitive data; requests that this European system of digital services' supervision ensures that the rules applicable to digital service providers are adequately implemented and enforced across Member States in order to provide protection for the services’ users and to facilitate a European digital single market.

Amendment 65 #

Jeroen LENAERS

Draft opinion
Paragraph 5 a (new)

5 a. Notes with concern that supervisory authorities in the Member States are under strain given the growing mismatch between their responsibilities to protect personal data and their resources to do so; notes that digital services will become increasingly complex due to the increased use of innovations like artificial intelligence; points therefore to the importance of EU supervisory authorities being adequately resourced and staffed in order to properly monitor the application of the GDPR and protect fundamental rights and freedoms; awaits therefore with particular interest the delayed publication of the report of the European Commission on the application of the GDPR; calls on the Commission to evaluate the possibility of obliging large multinational tech companies to pay for their own oversight through the introduction of an EU digitax.

Amendment 66 #

Javier MORENO SÁNCHEZ, Juan Fernando LÓPEZ AGUILAR, Domènec RUIZ DEVESA

Draft opinion
Paragraph 5 a (new)

5 a. Observes how digital services cooperate with the offline world, for example in the transport and the hospitality sectors; notes that local governments and the public sector can benefit from data of certain types of digital services to improve, for example, their urban planning policies; reminds that the collection, use and transfer of personal data, also between the private and the public sector is subject to the provisions of the GDPR; calls therefore on the Commission to make its proposal for the Digital Services Act not be incompatible with this aim;

Amendment 67 #

Pernando BARRENA ARZA

Draft opinion
Paragraph 5 a (new)

5 a. Urges the Commission to adopt a tailored regulatory approach to address all challenges raised by the diversity of actors and services offered online; in particular, stresses that the new horizontal framework should regulate differently commercial activities on online market places and other intermediaries’ activities that have an impact on the freedom of expression and information; in this regard, considers essential to apply different regulatory approaches to illegal and legal content.

Amendment 68 #

Draft opinion
Paragraph 5 a (new)

5a. Highlights the proliferation of fake news and disinformation with false or misleading content that seeks to form public opinion on the basis of lies and misinformation that many people believe to be true; calls on the Commission to keep working and exploring new ways to combat fake news while preserving fundamental rights; highlights that tracking applications must respect privacy rights in addition to the provisions of the GDPR;

Amendment 69 #

Tomáš ZDECHOVSKÝ, Roberta METSOLA, Javier ZARZALEJOS, Kris PEETERS

Draft opinion
Paragraph 5 a (new)

5 a. is concerned about the fragmentation of public oversight and supervision of digital services and the frequent lack of financial and human resources for the oversight bodies needed to properly fulfil their tasks; calls for increased cooperation with regard to regulatory oversight of digital services; supports the creation of an independent EU body to ensure harmonised implementation of and compliance with applicable rules;

Amendment 7 #

Javier MORENO SÁNCHEZ, Juan Fernando LÓPEZ AGUILAR, Domènec RUIZ DEVESA

Draft opinion
Paragraph 1

1. Underlines that digital services and their underlying algorithms need to fully respect fundamental rights, especially the protection of privacy and personal data~~, non-discrimination~~ and the freedom of speech and information, as enshrined in the Treaties and the Charter of Fundamental rights of the European Union; calls therefore on the Commission to implement an obligation of non- discrimination, monitoring, evaluation, transparency and explainability of algorithms, and the possibility of human intervention, as well as other measures, such as independent audits and specific stress tests to assist and enforce compliance;

Amendment 70 #

Draft opinion
Paragraph 5 a (new)

5 a. Recommends that the Commission explores the expansion of the definition of abuse of a dominant market position to include therein the possession of significant volumes of data in order to mitigate the concentration of data by large digital service providers and online platforms which may result in self- preferencing activities, higher barriers to entry as well as diminished consumer choice;

Amendment 71 #

Dragoş TUDORACHE

Draft opinion
Paragraph 5 a (new)

5 a. Stresses that the DSA should be future-proof and flexible enough to allow for periodic reviews and updates based on the emergence of new technologies with an impact on the digital single market, including novel threats and new types of online services.

Amendment 72 #

Draft opinion
Paragraph 5 a (new)

5 a. Calls on the Commission to consider obliging major hosting service providers to report serious crime to the competent law enforcement authority, upon obtaining actual knowledge of such a crime;

Amendment 73 #

Tomáš ZDECHOVSKÝ, Roberta METSOLA, Javier ZARZALEJOS, Kris PEETERS

Draft opinion
Paragraph 5 b (new)

5 b. Emphasises the importance of the European values and rules on data protection and privacy and emphasises the difficulties that arise for individuals who want to enforce their individual data protection and privacy rights against dominant platforms, which are active on multiple markets and have multiple affiliates; calls therefore for the enforcement of the obligation under the GDPR for platforms to offer a digital environment where users can easily enforce their rights and encourages companies to create a ‘one-stop-shop’ for all their underlying digital platforms;

Amendment 74 #

Draft opinion
Paragraph 5 b (new)

5 b. highlights the importance of user empowerment with regard to the enforcement of their own fundamental rights online; considers that users should be provided with easy access to complaint procedures, legal remedies, educational measures and awareness-raising on data protection issues;

Amendment 75 #

Draft opinion
Paragraph 5 b (new)

5 b. Calls on the Commission to continue its exploration of the commercial uses of Blockchain technology, especially in relation to smart contracts and their use in consumer products and services having in mind the consumer protection and privacy requirements;

Amendment 76 #

Draft opinion
Paragraph 5 b (new)

5 b. Is convinced that it is solely the task of democratically accountable competent public authorities to decide on the legality of content online.

Amendment 77 #

Draft opinion
Paragraph 5 b (new)

5 b. Underlines that illegal content should be removed where it is hosted, and that access providers shall not be required to block access to content;

Amendment 78 #

Draft opinion
Paragraph 5 c (new)

5 c. Highlights that, in order to protect freedom of speech standards, to avoid conflicts of laws, to avert unjustified and ineffective geo-blocking and to aim for a harmonised digital single market, hosting service providers shall not be required to remove or disable access to information that is legal in their country of origin;

Amendment 79 #

Draft opinion
Paragraph 5 c (new)

5 c. Notes that the e-Commerce Directive dates back to 2000; notices that the data protection regime is significantly updated since then; recalls therefore that any future provision of the e-Commerce Directive fully respects the European regime on data protection;

Amendment 8 #

Draft opinion
Paragraph 1

1. Underlines that digital services and their underlying algorithms need to fully respect fundamental rights, especially privacy and the protection of ~~privacy and~~ personal data, non-discrimination and the freedom of ~~speech~~expression and information, as enshrined in the Treaties and the Charter of Fundamental rights of the European Union; calls therefore on the Commission to implement an obligation of transparency and explainability of algorithms, and the possibility of human intervention, as well as other measures, such as independent audits and specific stress tests to assist and enforce compliance;

Amendment 80 #

Draft opinion
Paragraph 5 c (new)

5 c. Stresses that digital service providers must only be mandated to take their users’ content offline based on sufficiently substantiated orders by democratically accountable competent public authorities.

Amendment 81 #

Draft opinion
Paragraph 5 d (new)

5 d. Calls on digital service providers to take content offline in a diligent, proportionate and non-discriminatory manner, and with due regard in all circumstances to the fundamental rights of the users and to take into account the fundamental importance of the freedom of expression and information in an open and democratic society with a view to avoiding the removal of content, which is not illegal; requests digital service providers, which on their own initiative want to restrict certain legal content of their users, to explore the possibility of labelling rather than taking offline that content, giving users the chance to self- responsibly choose to access that content.

Amendment 82 #

Draft opinion
Paragraph 5 d (new)

5 d. Points out that the Digital Services Act shall not use the legally undefined concept of “harmful content”, but shall address the publication of content that is unlawful; emphasizes that the spreading of false and racist information on social media should be contained by giving users control over content proposed to them; stresses that curating content on the basis of tracking user actions shall require the user’s consent; proposes that users of social networks should have a right to see their timeline in chronological order; suggests that dominant platforms shall provide users with an interface to have content curated by software or services of their choice;

Amendment 83 #

Draft opinion
Paragraph 5 e (new)

5 e. Stresses the need to apply effective end-to-end encryption to data, because it is essential for trust in and security on the Internet; realises that effectively preventing unauthorized third party access necessarily prevents access by providers and authorities as well; takes the view that as digital services permeate every aspect of our lives, society, and critical infrastructure, securing this infrastructure and safeguarding fundamental rights by applying effective encryption takes priority;

Amendment 84 #

Draft opinion
Paragraph 5 e (new)

5 e. Expects digital service providers to establish fair and transparent notice mechanisms, which empower users to notify the relevant democratically accountable competent public authorities of potentially illegal content.

Amendment 85 #

Draft opinion
Paragraph 5 f (new)

5 f. Requires digital service providers that become aware of alleged illegal content of their users to notify the competent public authorities without undue delay.

Amendment 86 #

Draft opinion
Paragraph 5 g (new)

5 g. Requests Member States and digital service providers to put in place transparent, effective, fair, and expeditious complaint and redress mechanisms to allow users to challenge the taking offline of their content.

Amendment 87 #

Draft opinion
Paragraph 5 h (new)

5 h. Requests Member States to improve access to and the efficiency of their justice and law enforcement systems in relation to determining the illegality of online content and in relation to dispute resolution concerning the taking offline of content, and to consider to this end the establishment of specialised courts and law enforcement units within their national judicial and law enforcement systems.

Amendment 88 #

Draft opinion
Paragraph 5 i (new)

5 i. Believes that neither infrastructure service providers, payment providers, and other companies offering services to digital service providers, nor digital service providers with a direct relationship with the user must be held liable for the content a user on his own initiative uploads or downloads; believes at the same time that digital service providers, which have a direct relationship with the user who uploaded the illegal content and which have the ability to take distinct pieces of the user’s content offline, must be held liable for failing to expeditiously respond to sufficiently substantiated orders by democratically accountable competent public authorities to take the illegal content offline.

Amendment 89 #

Draft opinion
Paragraph 5 j (new)

5 j. Stresses that public authorities must not impose any obligation on digital service providers, neither de jure nor de facto, to monitor the information which they transmit or store, nor a general obligation to seek, moderate or filter content indicating illegal activity.

Amendment 9 #

Draft opinion
Paragraph 1 – indent 1 (new)

- such independent audits should be conducted annually, in analogy with the financial sector, to examine whether the used data policy, algorithms and checks and balances are in accordance with specified criteria and are supervised by an independent sufficient overseeing authority;

Amendment 90 #

Draft opinion
Paragraph 5 k (new)

5 k. Is convinced that digital service providers must not be required to prevent the upload of illegal content; believes at the same time, where technologically feasible, based on sufficiently substantiated orders by democratically accountable competent public authorities, and taking full account of the specific context of the content, that digital service providers may be required to execute periodic searches for distinct pieces of content, which, in line with the ECJ Judgment in Case C-18/18, are identical or equivalent to content that a court had already declared unlawful, and to take that content offline.

Amendment 91 #

Draft opinion
Paragraph 5 l (new)

5 l. Believes that all decisions to take users’ content offline must be subject to human oversight and verification.

Amendment 92 #

Draft opinion
Paragraph 5 m (new)

5 m. Is convinced that digital service providers must not be mandated to apply one Member State’s national restrictions on freedom of speech in another Member State where that restriction does not exist.

Amendment 93 #

Draft opinion
Paragraph 5 n (new)

5 n. Calls on digital service providers to take the necessary measures to identify and label content uploaded by social bots.

Amendment 94 #

Draft opinion
Paragraph 5 o (new)

5 o. Requests that digital services providers to the maximum extent possible give their users the possibility to choose which content they want to be presented and in which order.

Amendment 95 #

Draft opinion
Paragraph 5 p (new)

5 p. Requests, based on the principles above, that the Digital Services Act harmonises and replaces the liability measures laid down in the Digital Single Market Copyright Directive, the Audiovisual Media Services Directive and the Terrorist Content Online Regulation.

source: 652.452

2020/06/24 JURI 81 amendments...

Amendment 1 #

Draft opinion
Recital A

A. Whereas a number of questions related to civil and commercial law and enforcement of civil and administrative law is also of specific relevance regarding pure consumer relations, as well as online competitiveness and competition;

Amendment 10 #

Ibán GARCÍA DEL BLANCO, Nacho SÁNCHEZ AMOR, Marcos ROS SEMPERE

Draft opinion
Paragraph 1

1. Stresses that wherever it is technically possible and reasonable, intermediaries should be required to enable the anonymous use of their services and payment for them, since anonymity effectively prevents unauthorised data disclosure ~~and~~, identity theft and other forms of abuse of personal data collected online; notes that where the Directive on Consumer Rights requires commercial traders to communicate their identity, providers of major market places could be obliged to verify their identity, while in other cases the right to use digital services anonymously should be upheld;

Amendment 11 #

Draft opinion
Paragraph 1

1. Stresses that wherever it is technically and legally possible and reasonable, intermediaries should be required to enable the anonymous use of their services and payment for them, since anonymity effectively prevents unauthorised data disclosure and identity theft; notes that where ~~the Directive on Consumer Rights~~Union law requires commercial traders to communicate their identity, providers of ~~major~~online market places could be obliged to verify their identity of the traders acting in a professional or non-professional capacity, while in other cases the right to use digital services anonymously shcould be upheld;

Amendment 12 #

Draft opinion
Paragraph 1

1. Stresses that wherever it is technically possible and reasonable, intermediaries should be required to enable the anonymous use of their services and payment for them, since anonymity effectively prevents unauthorised data disclosure and identity theft; notes that where the Directive on Consumer Rights requires commercial traders to communicate their identity, ~~providers of major~~'online market place~~s could be obliged~~' hosts must be obliged to be able to verify their identity, while in other cases the right to use digital services anonymously should be upheld;

Amendment 13 #

Karen MELCHIOR, Adrián VÁZQUEZ LÁZARA, Liesje SCHREINEMACHER

Draft opinion
Paragraph 1 a (new)

1a. Calls on the Commission to require ‘online marketplace’ content hosting platforms to close the accounts of users who repeatedly publish illegal content and take the necessary steps to ensure that such illegal content does not reappear on their platform;

Amendment 14 #

Draft opinion
Paragraph 1 a (new)

1a. The upcoming legislative proposal on the Digital Services Act should fully respect the Charter of Fundamental Rights of the European Union, as well as Union rules protecting consumers and their safety, privacy and personal data, as well as other fundamental rights;

Amendment 15 #

Draft opinion
Paragraph 1 a (new)

1a. Calls on Member States to ensure that online service providers verify the identity of their business customers and thus fulfil the requirements set in Article 5 of the e-Commerce Directive 2000/31/EC;

Amendment 16 #

Karen MELCHIOR, Adrián VÁZQUEZ LÁZARA, Liesje SCHREINEMACHER

Draft opinion
Paragraph 1 b (new)

1b. Stresses that products bought through online marketplaces should comply with all the relevant EU safety regulations, given that the Digital Services Act should be able to upgrade the liability and safety rules for digital platforms, services and products;

Amendment 17 #

Draft opinion
Paragraph 1 b (new)

1b. Recalls the importance of the key principles of the e-Commerce Directive, namely the country of origin principle, the limited liability clause and the ban on general monitoring obligation, to remain valid in the legislative proposal on the Digital Services Act;

Amendment 18 #

Karen MELCHIOR, Adrián VÁZQUEZ LÁZARA, Liesje SCHREINEMACHER

Draft opinion
Paragraph 1 c (new)

1c. Stresses the need for a definition of ‘dominant platforms’ and lay down their characteristics;

Amendment 19 #

Karen MELCHIOR, Adrián VÁZQUEZ LÁZARA

Draft opinion
Paragraph 1 d (new)

1d. Emphasises that there should be no ex-ante content control; stresses the need for more transparency in content review and management by content hosting platforms, therefore suggests there to be a review mechanism for dominant content hosting platforms to allow for a new or existing European Agency or European body to evaluate the risks of their content management policies; stresses the importance to be aware whether the decision was made by a human or an algorithm and in the latter case, whether a human review has taken place;

Amendment 2 #

Karen MELCHIOR, Adrián VÁZQUEZ LÁZARA

Draft opinion
Recital A a (new)

Aa. Whereas the rules enshrined in Directive 2000/31/EC on electronic commerce have allowed for the development of the Internet and of digital services in the EU since two decades, and are key in protecting fundamental rights as well as in safeguarding an innovative business environment; considering that their revision should not be envisaged without scrutiny and utmost caution;

Amendment 20 #

Draft opinion
Paragraph 1 e (new)

1e. Stresses that wherever it is technically possible and reasonable, intermediaries should be required to enable the anonymous use of their services and payment for them, since anonymity effectively prevents unauthorised data disclosure and identity theft; notes that where the Directive on Consumer Rights requires commercial traders to communicate their identity, providers of major market places could be obliged to verify their identity, while in other cases the right to use digital services anonymously should be upheld;

Amendment 21 #

Karen MELCHIOR, Adrián VÁZQUEZ LÁZARA, Liesje SCHREINEMACHER

Draft opinion
Paragraph 2

2. Notes that since the online activities of individuals allow for deep insights into their personality and make it possible to manipulate them, the collection and use of personal data concerning the use of digital services should be subjected to a specific privacy framework and limited to the extent necessary to provide and bill the use of the service; stresses that in the spirit of the jurisprudence on communications data, public authorities shall be given access to a user’s subscriber and metadata only to investigate suspects of serious crime with prior judicial authorisation;

Amendment 22 #

Draft opinion
Paragraph 2

2. NStresses the enforcement of existing Regulation (EU) 2016/679 on the protection of natural persons with regards to the processing of personal data and on the free movement of such data and notes that since the online activities of individuals allow for deep insights into their personality and make it possible to manipulate them, the collection and use of personal data concerning the use of digital services should be subjected to ~~a specific privacy framework and limited to the extent necessary to provide and bill the use of the service~~this framework;

Amendment 23 #

Draft opinion
Paragraph 2

2. Notes that since the online activities of individuals ~~allow for deep insights into their personality and make it possible to manipulate them, the collection and use of personal data concerning the use of digital services~~may involve the collection and use of personal data, they should be subjected to a specific privacy framework and limited to the extent necessary to provide and bill the use of the service;

Amendment 24 #

Gunnar BECK

Draft opinion
Paragraph 2

2. Notes that ~~since the online activities of individuals allow for deep insights into their personality and make it possible to manipulate them,~~big data aggregation and information engineering tools, such as natural language processing allow for mapping personal preferences and consumer behaviour and could potentially influence them: suggest that the collection and use of personal data concerning the use of digital services should be subjected to a specific privacy framework and limited to the extent necessary to provide and bill the use of the service;

Amendment 25 #

Ibán GARCÍA DEL BLANCO, Nacho SÁNCHEZ AMOR, Marcos ROS SEMPERE

Draft opinion
Paragraph 2

2. Notes that since the online activities of individuals allow for deep insights into their personality and make it possible to manipulate them, ~~the collection and use~~indirectly above all, the collection, use and accessing of personal data concerning the use of digital services should be subjected to a specific privacy framework and limited to the extent strictly necessary to provide the service and bill the use ~~of the service~~rs;

Amendment 26 #

Draft opinion
Paragraph 2

2. Notes that since the online activities of individuals allow for deep insights into their personality and make it possible to manipulate them, the collection and use of personal data notably by systemic platforms and social networks concerning the use of digital services, should be subjected to a specific privacy framework and limited to the extent necessary to provide and bill the use of the service;

Amendment 27 #

Axel VOSS

Draft opinion
Paragraph 2

Amendment 28 #

Draft opinion
Paragraph 2 a (new)

2a. Is concerned that single sign-on services can be used to track users across platforms; recommends that providers which support a single sign-on service with a dominant market share should be required to also support at least one open and federated authentication system based on a non-proprietary framework;

Amendment 29 #

Ibán GARCÍA DEL BLANCO, Nacho SÁNCHEZ AMOR, Marcos ROS SEMPERE

Draft opinion
Paragraph 2 b (new)

2b. Reiterates that hosting service providers or other technical intermediaries shall not be obliged to generally monitor user-generated content;

Amendment 3 #

Draft opinion
Recital A a (new)

Aa. Whereas the aim of a review of the DSA is to update the civil and commercial laws governing responsibility for online platforms and hosting service providers to provide certainty and safety for companies, users and society as a whole.

Amendment 30 #

Gunnar BECK

Draft opinion
Paragraph 3

3. Notes that automated tools are unot always able to differentiate illegal content from content that is legal in a given context; highlights that human review of automated reports by service providers does not solve this problem as private staff lack the independence, qualification and accountability of public authorities; stresses, therefore, that the Digital Services Act shcould ~~explicitly prohibit any obligation on~~set out the terms for hosting service providers or other technical intermediaries to use automated tools for content moderation, and refrain from imposing notice-and- stay-down mechanisms; insists that content moderation procedures used by providers should not lead to any ex-ante control measures based on automated tools or upload-filtering of content;

Amendment 31 #

Ibán GARCÍA DEL BLANCO, Nacho SÁNCHEZ AMOR, Marcos ROS SEMPERE

Draft opinion
Paragraph 3

3. Notes that automated tools are unable to differentiate illegal content from content that is legal in a given context; highlights that human review of automated reports by service providers does not solve this problem as private staff lack the independence, qualification and accountability of public authorities; stresses, therefore,could improve the functioning of content recognition technologies to differentiate illegal content from content that is legal where it is legally provided and could enhance existing practices if use in combination with human review and an increased transparency on their functioning; underlines that to ensure the well-being and independence of the personnel, the staff should receive proper training and adequate psychological support to develop skills that help them and to discern on the need to collaborate with public authorities where needed; stresses that the Digital Services Act should explicitly prohibit any obligation on hosting service providers or other technical intermediaries to use automated tools for content moderation, ~~and refrain from imposing notice-and- stay-down mechanisms~~unless otherwise specified in existing legal text; insists that content moderation procedures used by providers should not lead to a~~ny ex-ante control measures based on automated tools or upload-filtering of~~ general monitoring of uploaded content;

Amendment 32 #

Draft opinion
Paragraph 3

Amendment 33 #

Draft opinion
Paragraph 3

3. Notes that automated tools are unable to differentiate illegal content from content that is legal in a given context; highlights that human review of automated reports by service providers does not solve this problem as private staff lack the independence, qualification and acStresses the importance to establish a clear, uniform and up-to-date regulatory framework, with among others clear definitions and more effective rules to fight harmful and illegal count~~ability of public authorities~~ent online ; stresses, therefore, that the Digital Services Act should e~~xplicitly prohibit any obligation on~~nsure that online platforms that are actively hosting or moderating content bear more responsibility for the content they host and encourage hosting service providers or other technical intermediaries to use automated tools for content moderation, and refrain from imposing notice-and- stay-down mechanisms; insists that content moderation procedures used by providers should not lead to any ex-ante control measures based on automated tools or upload-filtering of contentproactive measures such as repeating offender policies, the use of trusted flaggers, bulk notification submissions or automated tools in order to identify and prevent the dissemination of illegal content without prejudice to the ability of the parties concerned to have recourse to judicial remedy;

Amendment 34 #

Karen MELCHIOR, Adrián VÁZQUEZ LÁZARA, Liesje SCHREINEMACHER

Draft opinion
Paragraph 3

3. Notes that automated tools are unable to differentiate illegal opinion content from opinion content that is legal in a given context; ~~highlight~~notes that human review of automated reports ~~by service providers does not~~ resolves this problem ~~as private staff lack the independence, qualification and accountability of public authorities~~; stresses, therefore, that the Digital Services Act should explicitly ~~prohibit any obligation on~~authorise hosting service providers or other technical intermediaries to use automated tools for content moderation~~, and refrain from imposing~~ if this is accompanied by human monitoring; stresses that commercial content hosting service providers or other technical intermediaries must install notice-and- stay-down mechanisms; insists that 'marketplace' content moderation procedures used by providers should ~~not~~ lead to ~~any~~ ex-ante control measures based on automated tools or upload-filtering of content;

Amendment 35 #

Draft opinion
Paragraph 3

Amendment 36 #

Karen MELCHIOR, Adrián VÁZQUEZ LÁZARA

Draft opinion
Paragraph 3

3. Notes that automated tools armay, in certain circumstances, be unable to differentiate illegal content from content that is legal in a given context; highlights that human review of automated reports by service providers does not solve this problem as private staff lack the independence, qualification and accountability of public authorities; stresses, therefore, that the Digital Services Act should explicitly prohibit anymay assist in this regard; stresses, furthermore, that the Commission should evaluate the feasibility and proportionality, taking into account the type, nature and risk of content, of obligations on hosting service providers or other technical intermediaries to use automated tools for content moderation, ~~and refrain from imposing notice-and- stay-down mechanisms; insists that content moderation procedures used by providers should not lead to any ex-~~in particular those used to protect children from illegal content online, while taking into account a wide rantge ~~control measures based~~of stakeholder views on automated tools orand upload-filtering of ~~content~~illegal content and ensuring the protection of fundamental rights;

Amendment 37 #

Draft opinion
Paragraph 3 a (new)

3a. Emphasises the importance of entrusting an existing or new European Agency or European body to coordinate the cooperation among Member States in cross-border issues and the network of independent national enforcement bodies;

Amendment 38 #

Draft opinion
Paragraph 3 a (new)

3a. Underlines that the fairness and compliance with fundamental rights standards of terms and conditions imposed by intermediaries to the users of their services shall be subject to judicial review;

Amendment 39 #

Draft opinion
Paragraph 3 a (new)

3a. Calls on the Commission to clarify the notion of expeditious reaction, which is already included in the E-Commerce Directive 2000/31/EC;

Amendment 4 #

Draft opinion
Recital A a (new)

Aa. Whereas it is important to recognise the essential role of the e- Commerce Directive in boosting e- commerce in Europe and, in particular, underpinning the whole internal market project;

Amendment 40 #

Ibán GARCÍA DEL BLANCO, Nacho SÁNCHEZ AMOR, Marcos ROS SEMPERE

Draft opinion
Paragraph 3 b (new)

3b. Highlights that, in order to constructively build upon the rules of the e-Commerce Directive and to ensure legal certainty, applicable legislation shall exhaustively and explicitly spell out the duties of digital service providers rather than imposing a general duty of care; highlights that the legal regime for digital providers’ liability should not depend on uncertain notions such as the ‘active’ or ‘passive’ role of providers;

Amendment 41 #

4. Stresses that the final responsibility for enforcing the law, deciding on the legality of online activities ~~and ordering hosting service providers~~should always rest with independent judicial and other competent public authorities; hosting service providers has a duty of care to ensure a safe online environment for users and therefore their responsibility to remove or disable access to illegal content as soon as possible should ~~rest with independent judicial authorities~~be based on existing legislation and jurisprudence; considers that only a hosting service provider that has actual knowledge of illegal content and its illegal nature, through a valid notice, should be subject to content removal obligations and to ensure that the same illegal content cannot be re-uploaded;

Amendment 42 #

Draft opinion
Paragraph 4

4. Stresses that the responsibility for enforcing the law, deciding on the legality of online activities and ordering hosting service providers to remove or disable access to illegal content as soon as possible should rest with independent judicial authorities; warns therefore against provisions encouraging voluntary measures by platforms; underlines the need to ensure full respect for fundamental rights and the civil law rights of users; considers that only a hosting service provider that has actual knowledge of illegal content and its illegal nature should be subject to content removal obligations;

Amendment 43 #

Draft opinion
Paragraph 4

4. Stresses that the Digital Services Act should ensure that safeguards and legal remedies are available for all measures applied by platforms and digital service providers as independent judicial authorities have the ultimate responsibility for enforcing the law, and they take the final deci~~ding~~sion on the legality of online activities and on ordering hosting service providers to remove or disable access to illegal content ~~as soon as possible should rest with independent judicial authorities~~; considers that only a hosting service provider that has actual knowledge of illegal content and its illegal nature should be subject to content removal obligations;

Amendment 44 #

Karen MELCHIOR, Liesje SCHREINEMACHER

Draft opinion
Paragraph 4

4. Stresses that ~~the responsibility for enforcing the law,~~any final deci~~ding~~sion on the legality of ~~online activities and ordering hosting service providers to remove or disable access to illegal content as soon as possible should~~user-generated opinion content, including on social media, must be made by an independent judiciary and not a private commercial entity; considers that responsibility for enforcing the law and deciding on the legality of online activities ultimately rests with independent judicial or other authorities~~; considers that only a hosting service provider that has actual knowledge of illegal content and its illegal nature should be subject to content removal obligations~~, while 'online marketplace ' service providers are primarily responsible for the removal of illegal content and the assessment of notified content;

Amendment 45 #

Draft opinion
Paragraph 4

4. Stresses that the responsibility for enforcing the law, deciding on the legality of online activities and ordering hosting service providers to remove or disable access to illegal content as soon as possible ~~should rest with independent~~, and after the provider and involved parties have been informed, should rest with independent dispute settlement bodies with possible appeal to judicial authorities; considers that only a hosting service provider that has actual knowledge of the existence of illegal content and its illegal nature should be subject to content removal obligations;

Amendment 46 #

Gunnar BECK, Gilles LEBRETON

Draft opinion
Paragraph 4

4. Stresses that the responsibility for enforcing the law, deciding on the legality of online activities and ordering hosting service providers to remove or disable access to illegal content as soon as possible should rest with independent judicial authorities; ~~considers that only a hosting service provider that has actual knowledge of illegal content and its illegal nature should be subject to content removal obligations;~~

Amendment 47 #

Draft opinion
Paragraph 4

4. Stresses that the responsibility for enforcing the law, deciding on the legality of online activities and ordering hosting service providers to remove or disable access to illegal content as soon as possible to protect users should rest with ~~independent~~Member States' judicial authorities; considers that onlyce a hosting service provider ~~that~~ has actual knowledge of illegal content and its illegal nature ~~should be subject to~~ content, removal obligations should be fulfilled without delay;

Amendment 48 #

Draft opinion
Paragraph 4 a (new)

4a. Proposes that the Digital Services Act should establish the details of notice- and-action procedures, that major commercial hosting service providers should provide a publicly and anonymously accessible mechanism for reporting allegedly illegal content published on their platform, that conditions need to be specified for a notice to be valid and followed up on, that notices should be examined by qualified staff, that the content provider shall be heard before disabling access to their content where this would not hinder or jeopardise an ongoing criminal investigation, and that adequate redress mechanisms, both via dispute settlement bodies and judicial authorities, should be made available, while applying reasonable time-frames; highlights that persons who systematically and repeatedly submit wrongful or abusive notices shall be sanctioned; underscores that smaller commercial and non-commercial providers shall not be subject to the same obligations;

Amendment 49 #

Draft opinion
Paragraph 4 a (new)

4a. Considers that the notification and action system under the electronic commerce directive – which obliges commercial platforms to remove identified illegal content, after notification, by right- holders for example, and evaluation – must be underpinned by a notification and take down system, so that illegal content already removed can no longer reappear on the platform;

Amendment 5 #

Draft opinion
Recital A a (new)

Aa. Whereas there is evidence to show that many illegal products and services are being offered online, requiring action to be taken under the Digital Services Act;

Amendment 50 #

Draft opinion
Paragraph 4 a (new)

4a. Emphasises the importance of establishing and upholding the principle that 'what is illegal offline is also illegal online', as well as the need to find ways of ensuring that, once illegal online content has been removed, it does not subsequently make its way back in any other form;

Amendment 51 #

Draft opinion
Paragraph 4 b (new)

4b. Calls on the Commission to consider obliging major hosting service providers to report serious crime to the competent law enforcement authority, upon obtaining actual knowledge of such a crime;

Amendment 52 #

Draft opinion
Paragraph 4 c (new)

4c. Underlines that illegal content should be removed where it is hosted, and that access providers shall not be required to block access to content;

Amendment 53 #

Draft opinion
Paragraph 4 d (new)

4d. Stresses that proportionate sanctions should be applied to violations of the law, which shall not encompass excluding individuals from digital services;

Amendment 54 #

Karen MELCHIOR, Adrián VÁZQUEZ LÁZARA, Liesje SCHREINEMACHER

Draft opinion
Paragraph 4 e (new)

4e. Highlights that in order to protect freedom of speech standards, to avoid conflicts of laws, to avert unjustified and ineffective geo-blocking and to aim for a harmonised digital single market, hosting service providers shall not be required to remove or disable access to information that is legal in their country of origin;

Amendment 55 #

Draft opinion
Paragraph 5

5. Emphasises that the spread of false and racist information on social media should be contained by giving users control over content proposed to them; stresses that curating content on the basis of tracking user actions should require the user’s consent; proposes that users of social networks should have a right to see their timeline in chronological order; suggests that dominant platforms should provide users with an API to have content curated by software or services of their choice;deleted

Amendment 56 #

Draft opinion
Paragraph 5

5. Points out that in order to protect fundamental rights and to ensure legal certainty, the Digital Services Act shall not use the legally undefined concept of “harmful content”, but shall address the publication of content that is unlawful; Emphasises that the spread of false and racist information on social media should be contained by giving users control over content proposed to them; stresses that curating content on the basis of tracking user actions should require the user’s consent; proposes that users of social networks should have a right to see their timeline in chronological order; suggests that dominant platforms should provide users with an API to have content curated by software or services of their choice;

Amendment 57 #

Draft opinion
Paragraph 5

5. Emphasises that the ~~spread of false and racist information on social media should be contained by~~one of the measures against the spread of false and illegal content on social media is giving users control over content proposed to them; stresses that curating content on the basis of tracking user actions should require the user’s consent; proposes that users of social networks should have a right to see their timeline in chronological order; suggests that ~~dominant~~ platforms should ~~provide u~~ensure higher transparency in automated decision-making processers ~~with an API to have content curated by software or services of their choic~~by making sure that algorithms are not biased, and the decision making processes within an algorithmic system must always remain comprehensible and as transparent as possible;

Amendment 58 #

Draft opinion
Paragraph 5

5. Emphasises that the spread of false and racist information on social media should be contained by giving users control over content proposed to them; stresses that curating content on the basis of tracking user actions should require the user’s prior and fully informed consent; proposes that users of social networks should have a right to see their timeline in chronological order; suggests that dominant platforms should provide users with an API to have content curated by software or services of their choice;

Amendment 59 #

Draft opinion
Paragraph 5

5. Emphasises that the spread of ~~false and racist information~~disinformation and harmful content on social media should be contained by giving users control over content proposed to them; stresses that curating content on the basis of tracking user actions should require the user’s consent; proposes that users of social networks should have a right to see their timeline in chronological order~~; suggests that dominant platforms should provide users with an API~~ with or without any curation; suggests that platforms with significant market power should provide an API for users to have content curated by software or services of their choice;

Amendment 6 #

Ibán GARCÍA DEL BLANCO, Nacho SÁNCHEZ AMOR, Marcos ROS SEMPERE

Draft opinion
Recital A b (new)

Ab. Whereas the Digital Services Act must lay down clear obligations for online platforms and introduce special provisions regarding the liability of online marketplaces;

Amendment 60 #

Draft opinion
Paragraph 5

5. Emphasises that the spread of disinformation such as false and racist information on social media should be contained, also by giving users control over content proposed to them; stresses that curating content on the basis of tracking user actions should require the user’s consent; proposes that users of social networks should have a right to see their timeline in chronological order; suggests that dominant platforms should provide users with an API to have content curated by software or services of their choice;

Amendment 61 #

Gunnar BECK, Gilles LEBRETON

Draft opinion
Paragraph 5

5. Emphasises that ~~the spread of false and racist information on social media should be contained by giving users~~users should have control over social media content proposed to them; stresses that users should be able to opt out of curating content on the basis of tracking user actions ~~should require the user’s consent~~; proposes that users of social networks should have a right to see their timeline in chronological order; suggests that dominant platforms should provide users with an API to have content curated by software or services of their choice;

Amendment 62 #

Karen MELCHIOR, Adrián VÁZQUEZ LÁZARA, Liesje SCHREINEMACHER

5a. Stresses the need of the enforcement of existing measures to limit the data collected by content hosting platforms, based on inter alia interactions of users with content hosted on content hosting platforms, for the purpose of completing targeted advertising profiles, in particular by imposing strict conditions for the use of targeted personal advertisements;

Amendment 63 #

Karen MELCHIOR, Adrián VÁZQUEZ LÁZARA, Liesje SCHREINEMACHER

Draft opinion
Paragraph 5 b (new)

5b. Insists that the regulation must prohibit content moderation practices that are discriminatory;

Amendment 64 #

Karen MELCHIOR, Adrián VÁZQUEZ LÁZARA, Liesje SCHREINEMACHER

Draft opinion
Paragraph 5 c (new)

5c. Calls for content hosting platforms to use targeted advertisement based on the user’s prior interaction with content on the same content hosting platform or on third party websites, only after having obtained prior consent by the user, in accordance with Regulation (EU) 2016/679;

Amendment 65 #

Draft opinion
Paragraph 6

6. Stresses that, in order to overcome the lock-in effect of centralised networks and to ensure competition and consumer choice, users of dominant social media services and messaging services should be given a right to cross-platform interaction via open interfaces (interconnectivity). Stresses that online marketplaces should be encouraged to impose a locked ecosystem for the use of digital products sold on their services; a high level of interoperability should be ensured by providing these products in a format that is open and allows its exportation to any digital environment;

Amendment 66 #

Draft opinion
Paragraph 6

6. Stresses that, in order to overcome the lock-in effect of centralised networks and to ensure competition and consumer choice, users of dominant social media services and messaging services should be given a right to cross-platform interaction via open interfaces (interconnectivity); highlights that these users shall be able to interact with users of alternative services, and that the users of alternative services shall be allowed to interact with them.

Amendment 67 #

Draft opinion
Paragraph 6

6. Stresses that, in order to overcome the lock-in effect of centralised networks and to ensure competition and consumer choice, users of ~~dominant~~ social media services and messaging services with significant market power should be given a right to cross-platform interaction via open interfaces (interconnectivity).

Amendment 68 #

Draft opinion
Paragraph 6

6. Stresses that, in order to overcome the lock-in effect of centralised networks and to ensure competition and consumer choice, users of dominant social media services and messaging services should ~~be given a right to~~, where appropriate, enable cross-platform interaction via open interfaces (interconnectivity).

Amendment 69 #

Karen MELCHIOR, Adrián VÁZQUEZ LÁZARA, Liesje SCHREINEMACHER

Draft opinion
Paragraph 6 – subparagraph 1 (new)

Calls on the Commission to prohibit the imposition of a locked proprietary ecosystem for the use of digital products; in order to allow genuine interoperability of data, digital products must be in open format so as to allow users to export to different digital environments;

Amendment 7 #

Draft opinion
Paragraph 1

1. Stresses that wherever it is technically possible and reasonable, intermediaries should be required to enable the anonymous use of their services and payment for them, since anonymity effectively prevents unauthorised data disclosure and identity theft; notes that where the Directive on Consumer Rights requires commercial traders to communicate their identity, providers of major market places could be obliged to verify their identity, while in other cases the right to use digital services anonymously should be upheld;deleted

Amendment 70 #

Ibán GARCÍA DEL BLANCO, Nacho SÁNCHEZ AMOR, Marcos ROS SEMPERE

Draft opinion
Paragraph 6 a (new)

6a. Stresses that online marketplaces should be forbidden from imposing a locked ecosystem for the use of digital products sold on their services; a high level of interoperability should be ensured by providing these products in a format that do not limit the use of the product exclusively to a certain proprietary digital ecosystem.

Amendment 71 #

Draft opinion
Paragraph 6 a (new)

6a. Stresses the need for the European Commission, in seeking to formulate a proposal for a Digital Services Act package, to appreciate the importance of unlocking the potential of the digital single market potential by means of an effective and balanced legal framework to help combat regulatory fragmentation and underpin consumer confidence in the use of e-commerce, while simultaneously giving small and medium-sized enterprises a firmer foothold on the market;

Amendment 72 #

József SZÁJER, Marion WALSMANN

Draft opinion
Paragraph 6 a (new)

6a. Calls on the Commission to prohibit access to the EU market for ‘online marketplace’ content hosting platforms which: - are unable to identify their users; - do not take all necessary measures to take down illegal content; - do not close the accounts of users who repeatedly publish illegal content;

Amendment 73 #

Draft opinion
Paragraph 6 a (new)

6a. Emphasises that any new framework in field of the digital services must be manageable for European start- ups and SMEs and should therefore include proportionate obligations and clear safeguards for all sectors;

Amendment 74 #

Axel VOSS

Draft opinion
Paragraph 6 a (new)

6a. Emphasises that new technological solutions should be considered and deployed for the responsibility of platforms as well as the identity and anonymity of users.

Amendment 75 #

Draft opinion
Paragraph 6 a (new)

6a. Affirms that the country of origin principle for the provision of information society services is central to the functioning of the digital single market;

Amendment 76 #

Axel VOSS

Draft opinion
Paragraph 6 b (new)

6b. Stresses the need for specific media rules: (1) clarifying the provisions for platforms and social media offers. The prevention of abuses should be built upon existing case law of the EU Court of Justice and should include clear rules on a duty of care; (2) limiting the responsibility of platforms regarding media content and services, which are already under the editorial control of a content provider, who itself is subject to comprehensive regulation as well as independent and effective supervision by an acknowledged independent competent authority; (3) preventing platform operators from altering this content; (4) stating that if there is a need to take down any of such media content, it must be ensured that this can only be done based on a court order; (5) emphasising in this context that the future Digital Services Act shall neither undermine nor render obsolete the rules of the Audiovisual Media Services Directive or prejudice their future changes; (6) stating that media companies should be granted access to the data generated by or related to their services and content on platforms.

Amendment 77 #

József SZÁJER, Marion WALSMANN

Draft opinion
Paragraph 6 b (new)

6b. Strongly recommends that platforms serving as online marketplaces provide users with information about the main parameters determining the order and rank of products presented to users as a result of their search queries, in particular if the result of a search query has been influenced by any remuneration paid by a supplier, or in cases where the platform operator acts as supplier for some of the products appearing as results of the search query;

Amendment 78 #

Draft opinion
Paragraph 6 b (new)

6b. Stresses the importance to extend the territorial scope of the Digital Services Act to cover also the activities of digital service providers established in third countries as long as they offer their services in the EU. Suggests that where intermediaries are established in a third country, they should designate a legal representative, established in the Union, who can be held accountable for the products or services they offer;

Amendment 79 #

Draft opinion
Paragraph 6 c (new)

6c. Suggests that platforms providing a reputation system for the suppliers of goods or services must provide information about how such reputation scores are generated; recommends in this respect that reviews feeding into such reputation systems should be based on genuine experiences and originate from a party to the transaction; stresses that no review should be published if its author has received any benefit for giving a specific positive or negative review;

Amendment 8 #

1. Stresses that wherever it is technically possible and reasonable, ,intermediaries should be required to enable the anonymous use of their services and payment for them, since anonymity effectively prevents unauthorised data disclosure and identity theft; notes that where the Directive on Consumer Rights requires commercial traders to communicate their identity, providers of major market places could be obliged to verify their identity, while in other cases the right to use digital services anonymously should be upheldprevent unauthorised data disclosure and identity theft through the effective implementation of applicable data protection and E- privacy rules; notes that establishing the personal identity of sellers in the digital space is essential for the security of digital transactions and therefore it should be made enforceable that they communicate their identity, providers of major market places could be obliged to verify their identity in order to reduce the prevalence of counterfeits and other fraudulent activities, disincentives bad actors online and aide law enforcement. The introduction of such obligations should, however, be proportionate and include appropriate safeguards to protect the privacy of users in the course of legitimate and lawful activities;

Amendment 80 #

Draft opinion
Paragraph 6 c (new)

6c. Points that the DSA should pay special attention to users with disabilities and guarantee their accessibility to digital services. The Commission should encourage service providers to develop technical tools that allow persons with disabilities living in the European Union to properly use and benefit from Internet services.

Amendment 81 #

6d. Recommends that platforms providing a reputation system for the suppliers of goods or services allow for existing reviews to be transferred to the reputation system of another platform upon request of the supplier as well as upon termination of the platform-supplier contract; stresses that consumers need to be informed of the origin of reviews if they were transferred from another platform;

Amendment 9 #