10 Amendments of István UJHELYI related to 2018/0112(COD)
Amendment 58 #
Proposal for a regulation
Recital 7
Recital 7
(7) Since online intermediation services and online search engines typically have a global dimension, this Regulation should apply to providers of those services regardless of whether they are established in a Member State or outside the Union, provided that two cumulative conditions are met. Firstly, the business users or corporate website users should be established in the Union. Secondly, the business users or corporate website users should, through the provision of those services, offer their goods or services to consumers located in the Union at least for part of the transaction. Such consumers should be located in the Union, but do not need to have their place of residence in the Union nor have the nationality of any Member State. Accordingly, this Regulation should not apply where the business users or corporate websites users are not established in the Union or where they are established in the Union but where they use online intermediation services or online search engines to offer goods or services exclusively to consumers located outside the Union or to persons who are exclusively not consumers.
Amendment 70 #
Proposal for a regulation
Recital 16
Recital 16
(16) A provider of online intermediation services can have legitimate reasons to decide to apply restriction or sanctions to business users suspend or terminate the provision of its services, in whole or in part, to a given business user, including by delisting individual goods or services of a given business user or effectively removing search results. However, given that such decisions can significantly affect the interests of the business user concerned, they should be properly informed of the reasons thereof. The statement of reasons should allow business users to ascertain whether there is scope to challenge the decision, thereby improving the possibilities for business users to seek effective redress where necessary. In addition, requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content, in line with Commission Recommendation (EU) No 2018/33422 . The statement of reasons should identify the objective ground or grounds for the decision, based on the grounds that the provider had set out in advance in its terms and conditions, and refer in a proportionate manner to the relevant specific circumstances that led to that decision. _________________ 22 Commission Recommendation (EU) No 2018/334 of 1 March 2018 on measures to effectively tackle illegal content online (OJ L 63, 6.3.2018, p. 50).
Amendment 77 #
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18 a) In order to be more accountable for the compliance with the provisions related to rankings, providers of online intermediation services and online search engines shall appoint a person responsible for the algorithms and rankings applied by the provider. This shall facilitate the smooth implementation of the provisions of the Regulation, and increasing certainty around rankings.
Amendment 81 #
Proposal for a regulation
Recital 20
Recital 20
(20) The ability to access and use data, including personal data, can enable important value creation in the online platform economy. Accordingly, it is important that providers of online intermediation services provide business users with a clear description of the scope, nature and conditions of their access to and use of certain categories of data. The description should be proportionate and might refer to general access conditions, rather than an exhaustive identification of actual data, or categories of data, in order to enable business users to understand whether they can use the data to enhance value creation, including by possibly retaining third-party data services. In any case, it shall be ensured that the data of the consumers is made promptly available to the business users upon the contract through the provider of intermediations services is concluded. Processing of personal data should comply with Regulation (EU) 2016/679 of the European Parliament and of the Council.24 _________________ 24 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) (Text with EEA relevant) (OJ L 119, 4.5.2016, p. 1).
Amendment 85 #
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21 a) Business users shall be granted full control over their own intellectual property rights. Providers of online intermediated services shall make use of these rights only upon the explicit consent of the business user. The terms of use of such rights shall be adhered to.
Amendment 127 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Terms and conditions, or specific provisions thereof, which do not comply with the requirements of paragraph 1 shall be null and void not be binding on the business user concerned where such non- compliance is established by a competent court.
Amendment 162 #
Proposal for a regulation
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4 a. Providers of online intermediation services and providers of online search engines shall designate an individual who is responsible for the policy related to rankings within the provider including development, review and oversight. Online intermediation services shall make the contact details of this person available to business users.
Amendment 172 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Providers of online intermediation services shall include in their terms and conditions a description of the technical and contractual access, or absence thereof, of business users to any personal data or other data, or both, which business users or consumers provide for the use of the online intermediation services concerned or which are generated through the provision of those services.
Amendment 206 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The Commission shall encourage the drawing up of codes of conduct by providers of online intermediation services and by organisations and associations representing them, together with business users and their representative organisations, laying down inter alia further details regarding the proper implementation of this Regulation, and thus contributing intended to contribute to the proper application of this Regulation, taking account of the specific features of the various sectors in which online intermediation services are provided, as well as of the specific characteristics of micro, small and medium-sized enterprises.
Amendment 209 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. By [date: threewo years after the date of entry into force], and subsequently every three years, the Commission shall evaluate this Regulation and report to the European Parliament, the Council and the European Economic and Social Committee.