2020/2022(INI) Digital Services Act and fundamental rights issues posed
Lead committee dossier:
Progress: Awaiting committee decision
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | LIBE | PEETERS Kris ( EPP) | KALJURAND Marina ( S&D), KÖRNER Moritz ( Renew), BREYER Patrick ( Verts/ALE), JAKI Patryk ( ECR), ERNST Cornelia ( GUE/NGL) |
Committee Opinion | IMCO | BIELAN Adam ( ECR) | Dita CHARANZOVÁ ( RE), Deirdre CLUNE ( PPE), Martin SCHIRDEWAN ( GUE/NGL), Alexandra GEESE ( Verts/ALE), Virginie JORON ( ID), Adriana MALDONADO LÓPEZ ( S&D) |
Committee Opinion | CULT | KAMMEREVERT Petra ( S&D) | Christine ANDERSON ( ID), Irena JOVEVA ( RE), Niklas NIENASS ( Verts/ALE), Alexis GEORGOULIS ( GUE/NGL), Tomasz FRANKOWSKI ( PPE), Dace MELBĀRDE ( ECR) |
Lead committee dossier:
Legal Basis:
RoP 54
Legal Basis:
RoP 54Subjects
Events
2020/04/27
EP - Committee draft report
Documents
2020/02/28
EP - BIELAN Adam (ECR) appointed as rapporteur in IMCO
2020/02/19
EP - PEETERS Kris (EPP) appointed as rapporteur in LIBE
2020/02/19
EP - KAMMEREVERT Petra (S&D) appointed as rapporteur in CULT
2020/01/16
EP - Committee referral announced in Parliament, 1st reading/single reading
Documents
- Committee draft report: PE650.509
- Committee draft report: PE650.509
Activities
- Andrus ANSIP
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- Pablo ARIAS ECHEVERRÍA
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- Brando BENIFEI
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- Adam BIELAN
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- Izaskun BILBAO BARANDICA
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- Pilar del CASTILLO VERA
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- Dita CHARANZOVÁ
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- Andor DELI
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- Geoffroy DIDIER
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- Evelyne GEBHARDT
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- Sylvie GUILLAUME
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- Eva KAILI
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- Petra KAMMEREVERT
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- Kateřina KONEČNÁ
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- Gilles LEBRETON
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- Antonius MANDERS
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- Emmanuel MAUREL
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- Eva MAYDELL
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- Cláudia MONTEIRO DE AGUIAR
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- Victor NEGRESCU
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- Sirpa PIETIKÄINEN
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- Christel SCHALDEMOSE
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- Andreas SCHWAB
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- Ivan ŠTEFANEC
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- József SZÁJER
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- Henna VIRKKUNEN
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- Axel VOSS
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- Jadwiga WIŚNIEWSKA
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- Tiemo WÖLKEN
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- Kosma ZŁOTOWSKI
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- Carlos ZORRINHO
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- Josianne CUTAJAR
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- Sergey LAGODINSKY
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- Sandra PEREIRA
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- Christine ANDERSON
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- Gunnar BECK
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- Gwendoline DELBOS-CORFIELD
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- Alexandra GEESE
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- Patryk JAKI
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- Irena JOVEVA
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- Marina KALJURAND
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- Assita KANKO
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- Arba KOKALARI
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- Marcel KOLAJA
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- Maximilian KRAH
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- Lefteris NIKOLAOU-ALAVANOS
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- Stéphane SÉJOURNÉ
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- Javier ZARZALEJOS
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- Ondřej KOVAŘÍK
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- Karen MELCHIOR
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- Robert ROOS
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- Edina TÓTH
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- Moritz KÖRNER
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- Sabrina PIGNEDOLI
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- Eugen JURZYCA
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- Alex AGIUS SALIBA
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- Joachim Stanisław BRUDZIŃSKI
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- Kris PEETERS
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- Svenja HAHN
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- Adriana MALDONADO LÓPEZ
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- Tomasz FRANKOWSKI
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- Beata MAZUREK
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- Dace MELBĀRDE
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- Liesje SCHREINEMACHER
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- Kim VAN SPARRENTAK
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- Alessandra BASSO
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- Tomislav SOKOL
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- Geert BOURGEOIS
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- Klára DOBREV
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- Patrick BREYER
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- Lina GÁLVEZ MUÑOZ
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- Łukasz KOHUT
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- Maria-Manuel LEITÃO-MARQUES
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- Mihai TUDOSE
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- Clara PONSATÍ OBIOLS
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- Jean-Lin LACAPELLE
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- Sandro GOZI
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- Marcos ROS SEMPERE
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Amendments | Dossier |
51 |
2020/2022(INI)
2020/04/28
CULT
51 amendments...
Amendment 1 #
Draft opinion Paragraph 1 1. Points out that fundamental rights constitute an objective system of values which ensures that fundamental communication freedoms are not alterable, including by private-law agreements or business terms and conditions; points out that consumer protection, user safety, the option of online anonymity and freedom of speech must be at the core of protecting the fundamental rights; stresses the importance of helping consumers and users take greater control of and responsibility for their own data and identity;
Amendment 10 #
Draft opinion Paragraph 1 a (new) 1a. Points out that freedom of the arts and sciences are not alterable and therefore must not be compromised by any new legislation;
Amendment 11 #
Draft opinion Paragraph 1 b (new) 1b. Emphasises that content, which is legal and legally shared under Union or national law, has to stay online and that any removal of such content must not lead to the identification of individual users nor to the processing of personal data;
Amendment 12 #
1b. Points out that media ecosystem suffers from disruptive effects of online platforms; emphasises that public authorities have a positive obligation to adopt a legal framework, which fosters the development of independent and pluralistic media;
Amendment 13 #
Draft opinion Paragraph 2 2. Calls for all proactive protective measures which might at the same time be detrimental to fundamental rights to remain tasks for the State that are subject to thorough judicial review and for no public- authority tasks to be transferred to private- sector firms; stresses the need to comply with the overarching legislative framework, to be subjected to judicial oversight, and not merely left to the discretion of private sector firms; calls for establishing a clear EU-wide framework for content blocking with clear constraints, while promoting transparency on what content is blocked and why; calls for balanced solutions regarding content removals with cooperation between platforms, regulative authorities, fact- checkers and users; stresses that sharing GDPR-compliant data on illegal activity with the law enforcement and other authorities should be a priority for platforms in addition to their own effective and appropriate safeguards;
Amendment 14 #
Draft opinion Paragraph 2 2. Calls for all protective measures which might at the same time be detrimental to fundamental rights to remain tasks for the State that are subject to thorough judicial review and for no public- authority tasks to be transferred to private- sector firms; considers that these sector- specific rules may ensure unhindered access to media services and content, as well as advance freedom and pluralism of the media;
Amendment 15 #
Draft opinion Paragraph 2 2. Calls for all protective measures
Amendment 16 #
Draft opinion Paragraph 2 2. Calls for all protective measures
Amendment 17 #
Draft opinion Paragraph 2 2. Calls for all protective measures which might at the same time be detrimental to fundamental rights to remain tasks for the State that are subject to thorough judicial review and for no public- authority tasks to be transferred to private- sector firms or individuals;
Amendment 18 #
Draft opinion Paragraph 2 2. Calls for all
Amendment 19 #
Draft opinion Paragraph 2 a (new) 2a. 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 the prosecution of crimes;
Amendment 2 #
Draft opinion Paragraph 1 1. Points out that fundamental rights constitute an objective system of values which ensures that fundamental communication freedoms
Amendment 20 #
Draft opinion Paragraph 2 a (new) 2a. Points out that some harmful content or partially accurate information may not necessarily be illegal; notes that automatic filtering tools may lead to filtering out of legal content; considers it necessary to ensure that content owners can defend their rights to a sufficient extent, when their content has been removed;
Amendment 21 #
Draft opinion Paragraph 2 a (new) 2a. Stresses that any monitoring of their content applied by online platform and other services should be submitted to rigorous and transparent standards, known by their users, and enable an effective right to appeal decisions, first to the online platform or service, but also to a public authority;
Amendment 22 #
Draft opinion Paragraph 2 a (new) 2a. Suggests that special attention should be paid to the protection of children and young people and that this protection should also be safeguarded under data protection law and calls for online services for the protection of children and young people to be subject to the highest data protection restrictions;
Amendment 23 #
Draft opinion Paragraph 2 a (new) 2a. Reiterates the work of the Human Rights Committees of the United Nations in further elaborating interpretatively the texts of the UN Human Rights Conventions, in order be fit for the digital era, along with the work of the Special Procedures of the UN Human Rights Council;
Amendment 24 #
Draft opinion Paragraph 2 b (new) 2b. Points out that soft coordination, support or supplementary measures, such as codes of conduct or self-regulation and co-regulation, may be efficient regulatory means, provided that government agencies monitor their impact and legal provision is made for State regulation where they are proved to be ineffective, since they often allow a swift response to changing circumstances also involving non-EU participants;
Amendment 25 #
Draft opinion Paragraph 2 c (new) 2c. Points out that enforcement is in principle the responsibility of the national regulatory authorities also in cross-border cases and should not be relocated to the European level without good reason; further believes that the idea of the country of origin principle will be strengthened if the national regulatory authorities have effective enforcement tools and efficient cross-border cooperation procedures in place; at European level, this should be flanked by swift and efficient dispute settlement procedures that ensure lasting legal peace;
Amendment 26 #
Draft opinion Paragraph 3 3. Calls for recognition of the fact that services developed in the EU which guarantee effective and comprehensive privacy protection and maximum digital freedom represent an advantage in global competition that should not be underestimated, and calls on the Commission to promote their development in a more targeted manner; calls for European values to be upheld in a safe digital environment, promoting diversity of opinion, net neutrality, freedom of speech and access to information; calls for clear, uniform rules, for more platform and advertising industries to apply their principles on platform liability, illegal or harmful content, algorithmic accountability, transparent advertising and fight against dissemination of disinformation, hate speech and fake or bot accounts, to preserve fundamental people rights and freedom;
Amendment 27 #
Draft opinion Paragraph 3 3.
Amendment 28 #
Draft opinion Paragraph 3 3. Calls for recognition of the fact that those services developed in the EU which guarantee effective and comprehensive privacy protection and maximum digital freedom represent an advantage in global competition that should not be underestimated, and calls on the Commission to promote their development in a more targeted manner via clear and efficient solutions fit for digital age;
Amendment 29 #
Draft opinion Paragraph 3 3. Calls for recognition of the fact that services developed in the EU which guarantee effective and comprehensive privacy and data protection and promotes maximum digital
Amendment 3 #
Draft opinion Paragraph 1 1. Points out that fundamental rights constitute an objective
Amendment 30 #
Draft opinion Paragraph 3 3. Calls for recognition of the fact that services developed in the EU which guarantee effective and comprehensive privacy protection and m
Amendment 31 #
Draft opinion Paragraph 3 a (new) 3a. Ensures that private agreements between artists and companies do not contravene the fundamental rights of the artists, creators and all personnel employed in the creative and cultural sectors, respecting their work and their intellectual property, both financially and ethically; highlights the need to ensure a fair remuneration from all activities entailing creativity for all stakeholders involved in the process, and with due regard to their right to collective bargaining;
Amendment 32 #
Draft opinion Paragraph 3 a (new) 3a. Stresses that any new obligations on platforms should be proportional to their market share and financial capacity, in order to encourage fair competition and promote innovation; believes that such approach would help strengthen information and media plurality and cultural and linguistic diversity;
Amendment 33 #
Draft opinion Paragraph 4 4. Calls for sector-specific rules that serve to realise society-wide objectives and give tangible expression to them for certain sectors, such as the Audiovisual Media Services Directive (AVMSD) and the Copyright Directive, to take precedence over general rules
Amendment 34 #
Draft opinion Paragraph 4 4. Calls for sector-specific rules that serve to realise society-wide objectives and give tangible expression to them for certain sectors, such as the Audiovisual Media Services Directive (AVMSD), to take precedence over general rules
Amendment 35 #
Draft opinion Paragraph 4 4. Calls for sector-specific rules that serve to realise society-wide objectives and give tangible expression to them for certain sectors, such as the Audiovisual Media Services Directive (AVMSD) or the Copyright Directive, to take precedence over general rules.
Amendment 36 #
Draft opinion Paragraph 4 a (new) Amendment 37 #
Draft opinion Paragraph 4 a (new) 4a. Stresses out that any rule on content moderation for service providers must ensure full respect for freedom of expression, which according to Art. 11 CFREU, includes "freedom to hold opinions and to receive and impart Information and ideas without interference by public authorities and regardless of frontiers'', and that access to a wide variety of opinions contributes to the development of open and democratic societies even when such views are controversial or unpalatable;
Amendment 38 #
Draft opinion Paragraph 4 a (new) 4a. Stresses the importance of preventing the deployment of mass surveillance and identification technologies, without fully understanding their impacts on people, freedoms and fundamental rights, and without ensuring that these systems are fully compliant with data protection and privacy law as well as human rights;
Amendment 39 #
Draft opinion Paragraph 4 b (new) 4b. Emphasises that the sharing of personal data and the processing of data for the purposes of the new Digital Single Act must respect the safeguards set out by the GDPR and the rules of the protection of data put in place in the Union; highlights that there is no need for any 'lex specialis' derogation from the General Rules of Data Protection;
Amendment 4 #
Draft opinion Paragraph 1 1. Points out that fundamental rights constitute an objective system of values which ensures that fundamental communication freedoms and property, as well as its protection, are not alterable, including by private-law agreements or business terms and conditions;
Amendment 40 #
Draft opinion Paragraph 4 b (new) 4b. Stresses the need to give citizens more control over how their personal data is managed and protected online, while also placing more responsibility on businesses in their data protection practices;
Amendment 41 #
Draft opinion Paragraph 4 c (new) 4c. Highlights the need to ensure that the collection and processing of all personal data, which does not fall under the scope of Directive (EU) 2016/680 on the Protection of natural persons with regard to 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 42 #
Draft opinion Paragraph 4 c (new) 4c. Calls on the Commission and the Member States to promote cooperation between the public and private sectors as well as academia, in order to reinforce knowledge sharing, the promotion of safety education and training, data privacy, ethical implications, and respect for human rights, relating to the use of digital technology, robotics and Artificial Intelligence (AI);
Amendment 43 #
Draft opinion Paragraph 4 d (new) 4d. Believes that platform liability should be tailored, in order to respect the size of the operator and a clear distinction on the platforms' 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 proposed, should be accompanied by robust set of fundamental rights safeguards and adequate independent and impartial public oversight;
Amendment 44 #
Draft opinion Paragraph 4 d (new) 4d. Stresses that, regardless of social benefits provided by new technologies, digital services and data-driven technologies, including Artificial Intelligence (AI), addressing and analysing potential risks to democratic values, the rule of law and fundamental rights must be a top priority;
Amendment 45 #
Draft opinion Paragraph 4 e (new) 4e. 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, and thus they should be liable to provide quality work, individual labour rights, social protection training and fulfilling health and safety at work requirements; reiterates that, in case of a provision of a legal presumption that platform workers are workers, it would ensure that requisite responsibility of platform operators as employers, to guarantee labour rights and to contribute to social security for platform workers;
Amendment 46 #
Draft opinion Paragraph 4 e (new) 4e. Stresses that in many cases, fundamental rights in the Union are often under threat, and that they are already being unjustifiably, disproportionately and unlawfully violated in the name of security, public health and public interest; stresses that the principles of necessity and proportionality should always be at the forefront, whenever there is an interference with fundamental rights;
Amendment 47 #
Draft opinion Paragraph 4 f (new) 4f. 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 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 down;
Amendment 48 #
Draft opinion Paragraph 4 f (new) 4f. Stresses the need to update, modify, increase the comprehensiveness, clarity, and transparency of EU and national rules, while at the same time, cutting unnecessary and outdated regulations rather than adding more regulation;
Amendment 49 #
Draft opinion Paragraph 4 g (new) 4g. Recognises the need to define companies' human rights responsibilities in line with the ''respect, protect, remedy'' framework set out under the UN Guiding Principles and 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 5 #
Draft opinion Paragraph 1 1. Points out that fundamental rights
Amendment 50 #
Draft opinion Paragraph 4 h (new) 4h. Highlights the need to ensure transparency to the maximum extent feasible to all measures taken under the new Act, including those taken by Member States' and Union authorities;
Amendment 51 #
Draft opinion Paragraph 4 i (new) 4i. Emphasises the need to establish effective and timely remedies accessible to all, without discrimination, that are independent and impartial;
Amendment 6 #
Draft opinion Paragraph 1 a (new) 1a. Calls for the establishment of a modern understanding of fundamental rights, according to which fundamental rights are not only defensive rights against the State, but also protect freedom by limiting power; fundamental rights must therefore also impose obligations on those who exercise power through their technical infrastructures; in the case of such situation-based binding of private players by fundamental rights on a par with the State, account shall be taken of the degree of market domination, a market-dominating or quasi-monopolistic position, the degree of user reliance on the offer and the affected interests of users, of the powerful players themselves and of other third parties;
Amendment 7 #
Draft opinion Paragraph 1 a (new) 1a. Underlines that the Digital Services Act should be fully compliant with the objective of ensuring the protection of fundamental rights, including the right to freedom of expression and information, privacy, as well as the right to property, including intellectual property;
Amendment 8 #
Draft opinion Paragraph 1 a (new) 1a. Considers that any forthcoming legislative proposals on digital services should be compliant with the protection of fundamental rights, including respect for freedom of expression, private life, cultural and linguistic diversity, freedom of arts and personal data protection;
Amendment 9 #
Draft opinion Paragraph 1 a (new) source: 650.541
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History
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