8 Amendments of Marju LAURISTIN related to 2015/0287(COD)
Amendment 41 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13 a) Terms not individually negotiated and that concern the processing of personal data or any other data provided by the consumer to the supplier in the context of the conclusion or performance of the contract, including data generated by the consumer's use of any digital content or services supplied, should be subject to unfairness control under the national provisions implementing Directive 93/13/EC and should be construed as not defining the main subject matter of the contract within the meaning of Article 4(2) of Directive 93/13/EC. Any standard term that would reduce or undermine any right afforded to the consumer as a data subject under Regulation (EU) 2016/679, including any term defining the functionality and other performance features of the digital content or digital service in a way that is not in conformity with Article 25 of Regulation (EU) 2016/679, should always be regarded as unfair within the meaning of Article 3(1) of Directive 93/13/EC.
Amendment 99 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. This Directive shall apply to any contract whereunder which the supplier supplies digital content to the consumer or undertakes to do so and, in exchange, a price is to be paid or the consumer actively provides counter-performor undertakes to supply digital content or a digital service to the consumer in exchancge other than money in the form of personal data or any other datafor payment or the provision of data as counter-performance.
Amendment 104 #
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. This Directive shall not apply to digital content provided against counter- performance ocontracts for the supply of digital content or a digital facility where the supplier neither tchan money to the extent the supplier requestsrges a price for the digital content nor uses data which the consumer tohas provide personal data the processing of which is strictly necessary for the performance of the contract or for meeting legal requirements and the supplier does not further process them in a way incompatible with this purpose. It shall equally not apply to any other data the supplier requests the consumer to provide for td in the context of the conclusion or performance of the contract, including data generated by the consumer's use of the digital content or digital service, for purposes that are in the supplier's commercial interest. The pburpose of ensuring that the digital content is in conformity with the contract or of meeting legal requirements, and the supplier does not use that data for commercial purposesden of proof that data provided by the consumer are not used for purposes in the supplier's commercial interest shall rest on the supplier.
Amendment 108 #
Proposal for a directive
Article 3 – paragraph 8
Article 3 – paragraph 8
8. This Directive is without prejudice toNo provision in this Directive, or in national contract law including rules on damages and unjustified enrichment, shall in any way reduce or undermine the protection of individuals with regard to the processing of personal data as granted by or in compliance with Regulation (EU) 2016/679.
Amendment 134 #
Proposal for a directive
Article 6 – paragraph 5 a (new)
Article 6 – paragraph 5 a (new)
5 a. In order to be in conformity with the contract the digital content or digital service shall respect the principles of "privacy by design" and "privacy by default" set out in Article 25 of Regulation (EU) 2016/679.
Amendment 172 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12 a) Considering that the seller is liable towards the consumer for any lack of conformity of the digital content or service resulting from an act or omission of the seller or a third party it is justified that the seller should be able to pursue remedies against the responsible person earlier in the chain of transactions.
Amendment 174 #
Proposal for a directive
Article 20 – paragraph 3 a (new)
Article 20 – paragraph 3 a (new)
3 a. In Annex to Directive 93/13/EC Terms referred to in Article 3(3) the following point is added: " 1. (r) limiting the consumer's rights afforded to the consumer as a data subject under Regulation (EU) 2016/679, including any term defining the functionality and other performance features of the digital content or digital service in a way that is not in conformity with Article 25 of Regulation (EU) 2016/679."
Amendment 968 #
Proposal for a directive
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
Where the seller is liable to the consumer because of a lack of conformity with the contract resulting from an act or omission by a person in earlier links of the chain of transactions, the seller shall be entitled to pursue remedies against the person or persons liable in the chain of transactions. The person against whom the seller may pursue remedies and the relevant actions and conditions of exercise, shall be determined by national law. However, the seller shall be entitled to pursue remedies for at least the duration of the legal guarantee period, and the reversal of the burden of proof shall be no shorter than as provided for in Article 9 .