14 Amendments of Ondřej KOVAŘÍK related to 2020/0361(COD)
Amendment 13 #
Proposal for a regulation
Recital 3
Recital 3
(3) Responsible, transparent and diligent behaviour by providers of intermediary services is essential for a safe, predictable and trusted online environment, for ensuring legal certainty and for allowing Union citizens and other persons to exercise their fundamental rights guaranteed in the Charter of Fundamental Rights of the European Union (‘Charter’), in particular the freedom of expression and information and the freedom to conduct a business, and the right to non- discrimination.
Amendment 14 #
Proposal for a regulation
Recital 4
Recital 4
(4) Therefore, in order to safeguard and improve the functioning of the internal market, a targeted set of uniform, effective and proportionate mandatory rules should be established at Union level. This Regulation provides the conditions for innovative digital services to emerge and to scale up in the internal market. The approximation of national regulatory measures at Union level concerning the requirements for providers of intermediary services is necessary in order to avoid and put an end to fragmentation of the internal market and to ensure legal certaintycreate and maintain a safer environment and legal certainty for platforms, users and public authorities, thus reducing uncertainty for developers and fostering interoperability. By using requirements that are technology neutral, innovation should not be hampered but instead be stimulated.
Amendment 15 #
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation should apply to providers of certain information society services as defined in Directive (EU) 2015/1535 of the European Parliament and of the Council26 , that is, any service normally provided for remuneration, at a distance, by electronic means and at the individual request of a recipient. Specifically, this Regulation should apply to providers of intermediary services, and in particular intermediary services consisting of services known as ‘mere conduit’, ‘caching’ and ‘hosting’ services, given that the exponential growth of the use made of those services, mainly for legitimate and socially beneficial purposes of all kinds, has also increased their role in the intermediation and spread of unlawful or otherwise harmful information and activities. In this regard, stresses the importance and the particularities of the transport and tourism online platform market, which require a sector-specific approach and special attention in this regard. _________________ 26Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (OJ L 241, 17.9.2015, p. 1).
Amendment 17 #
Proposal for a regulation
Recital 7
Recital 7
(7) In order to ensure the effectiveness of the rules laid down in this Regulation and a level playing field within the internal market, those rules should apply to providers of intermediary services irrespective of their place of establishment or residence, in so far as they provide services in the Union, as evidenced by a substantial connection to the Union. Considering 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, the Commission should foster a level-playing field between online platforms and traditional enterprises operating in the transport and tourism sectors.
Amendment 28 #
Proposal for a regulation
Recital 43
Recital 43
(43) To avoid disproportionate burdens, the additional obligations imposed on online platforms under this Regulation should not apply to micro or small enterprises as defined in Recommendation 2003/361/EC of the Commission,41 unless their reach and impact is such that they meet the criteria to qualify as very large online platforms under this Regulation. This Regulation should highlights the importance of collaborative economy platforms in the Transport and Tourism sectors, on which services are provided by both individuals and professionals and avoid imposing disproportionate information obligations and unnecessary administrative burden on peer-to-peer providers of services. The consolidation rules laid down in that Recommendation help ensure that any circumvention of those additional obligations is prevented. The exemption of micro- and small enterprises from those additional obligations should not be understood as affecting their ability to set up, on a voluntary basis, a system that complies with one or more of those obligations. _________________ 41 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p. 36).
Amendment 68 #
Proposal for a regulation
Recital 106 a (new)
Recital 106 a (new)
(106 a)In order to enhance the relationship between stakeholders and local authorities in the Short-Term Rental market and mobility services; this Regulation should aim to ensure legal certainty and clarity in this market by creating a governance framework formalising the cooperation between short-term rental and mobility platforms and national, regional and local authorities, aiming especially to share best practices and thus facilitating their daily business;
Amendment 69 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) rules on specific due diligence obligations tailored to certain specific categories of providers of intermediary services, taking into account the sector- specific business model;
Amendment 84 #
Proposal for a regulation
Article 2 – paragraph 1 – point n
Article 2 – paragraph 1 – point n
(n) ‘advertisement’ means information designed to promote the message of a legal or natural person, irrespective of whether to achieve commercial or non-commercial purposes, and displayed by an online platform on its online interface against remuneration specifically for promoting that information and that is not contingent on the completion of a given transaction;
Amendment 397 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Providers of intermediary services shall include information on any restrictions that they impose in relation to the use of their service in respect of information provided by the recipients of the service, in their terms and conditions. That information shall include information on any policies, procedures, measures and tools used for the purpose of content moderation, including algorithmic decision-making and human review. It shall be set out in clear and, unambiguous, very easily comprehensible language and shall be publicly available in an easily accessible format.
Amendment 436 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Providers of hosting services shall put mechanisms in place to allow any individual or entity to notify them of the presence on their hosting service of specific items of information that the individual or entity considers to be illegal content. Those mechanisms shall be easy to access, user- friendly, and allow for the submission of notices exclusively byon a case by case basis, exclusively by non-automated electronic means.
Amendment 480 #
Proposal for a regulation
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4 a. Paragraphs 2 and 4 shall not apply to providers of hosting services that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC.
Amendment 514 #
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1
Article 18 – paragraph 1 – subparagraph 1
The first subparagraph is without prejudice to the right of the recipient concerned to redress against the decision of the online platform before a court in accordance with the applicable law, as well as the right of the online platform concerned to redress against the decision of the out-of- court dispute settlement body before a court in accordance with the applicable law.
Amendment 620 #
Proposal for a regulation
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. Very large online platforms shall identify, analyse and assess, from the date of application referred to in the second subparagraph of Article 25(4), at least once a year thereafter and always before launching new services, any significant systemic risks stemming from the design, functioning and use made of their services in the Union. This risk assessment shall be specific to their services and shall include the following systemic risks:
Amendment 727 #
Proposal for a regulation
Article 30 – paragraph 2 – point b
Article 30 – paragraph 2 – point b
(b) the natural or legal person on whose behalf the advertisement is displayed, unless that information concerns providers of intermediary services that qualify as micro, small or medium-sized enterprises within the meaning of the Annex to Recommendation 2003/361/EC;