7 Amendments of Roberta METSOLA related to 2015/0287(COD)
Amendment 44 #
Proposal for a directive
Recital 14
Recital 14
(14) As regards digital content supplied not in exchange for a price but against counter-performance other than money, this Directive should apply only to contracts where the supplier requests and the consumer activeconsciously provides data for the content supplied, such as name and e- mail address or photos, directly or indirectly to the supplier for example through individual registration or on the basis of a contract which allows access to consumers' photos. The contract should explicitly indicate which data are given in exchange for the content supplied. This Directive should not apply to situations where the supplier collects data necessary for the digital content to function in conformity with the contract, for example geographical location where necessary for a mobile application to function properly, or for the sole purpose of meeting legal requirements, for instance where the registration of the consumer is required for security and identification purposes by applicable laws. This Directive should also not apply to situations where the supplier collects information, including personal data, such as the IP address, or other automatically generated information such as information collected and transmitted by a cookie, without the consumer actively supplying it, even if the consumer accepts the cookie. It should also not apply to situations where the consumer is exposed to advertisements exclusively in order to gain access to digital content. In relation to the processing of personal data provided or generated by the user, or collected in any other way, the supplier shall comply with the obligations applicable under Regulation (EU) 2016/679.
Amendment 62 #
Proposal for a directive
Recital 27
Recital 27
(27) While data-driven services and technologies bring significant benefits, they also create some vulnerabilities. As recognised by the Digital Single Market Strategy a high level of network and information security is essential across the European Union to ensure respect of fundamental rights such as the right to privacy and personal datathe right to the protection of personal data online and offline, to increase user confidence and strengthen their trust in the digital economy. As software becomes pervasive, qualities such as reliability, security and adaptability to evolving needs are also becoming a prime concern. It is therefore increasingly important that those data-driven services and technologies ensure that those qualities are guaranteed, to the extent that is proportionate to the role and function those technologies play. In particular, quality in terms of security and reliability is becoming an important concern for innovative, composite services that have to rely on the interconnection of diverse systems in different domains.
Amendment 125 #
Proposal for a directive
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. To the extent that the contract does not stipulate, where relevant, in a clear and comprehensive manner, the requirements for the digital content under paragraph 1, the digital content shall be fit for the purposes for which digital content of the same description would normally be used and in line with the legitimately expected technical standards, including its functionality, interoperability and other performance features such as accessibility, continuity and security, taking into account:
Amendment 145 #
Proposal for a directive
Article 13 – paragraph 2 – point b
Article 13 – paragraph 2 – point b
(b) the supplier shall take all measures which could be expectednecessary measures in order to refrain from the use of personal data as the counter- performance other than money which the consumer has consciously provided in exchange for the digital content and any other data collectproduced by the suppliconsumer in relation to the supplyuse of the digital content including any content provided by the consumer with the exception of the content which has been generatproduced jointly by the consumer and others who continue to make use of the content. In relation to the prossessing of personal data provided or generated by the user, or collected in any other way, the supplier shall comply with the obligations applicable under Regulation (EU) 2016/679;
Amendment 149 #
Proposal for a directive
Article 13 – paragraph 2 – point c
Article 13 – paragraph 2 – point c
(c) the supplier, on request made by the consumer, shall provide the consumer with technical means to retrieve all content provided by the consumer and any other data produced or generated through the consumer's use of the digital content to the extent that data has been retained by the supplier. The consumer shall be entitled to retrieve the content free of charge, without significant inconvenience, in reasonable time and in a commonly used dataand machine-readable format;
Amendment 169 #
Proposal for a directive
Article 16 – paragraph 4 – point b
Article 16 – paragraph 4 – point b
(b) the supplier, on request made by the consumer, shall provide the consumer with technical means to retrieve all any content provided by the consumer and any other data produced or generated through the consumer's use of the digital content to the extent this data has been retained by the supplier. The consumer shall be entitled to retrieve the content without significant inconvenience, in reasonable time and in a commonly used dataand machine-readable format; and
Amendment 173 #
Proposal for a directive
Article 19 a (new)
Article 19 a (new)
Article 19 a Data Protection Processing of personal data carried out in the context of activities conducted pursuant to this Directive shall comply with the obligations under Regulation (EU) 2016/679 and Directive 2002/58/EC.