62 Amendments of Dita CHARANZOVÁ related to 2015/0284(COD)
Amendment 22 #
Proposal for a regulation
Recital 1
Recital 1
(1) Seamless access to online content services by consumers throughout the Union is important for the smooth functioning of the internal market. Since the internal market comprises an area without internal frontiers relying, inter alia, on the free movement of services and persons, it is necessary to provide that consumers can use online content services which offer access to content such as music, games, films or sporting events not only in their Member State of residence but also when they are temporarily present in other Member States of the Union. Therefore, barriers that hamper access and use of such online content services cross borderin such cases should be eliminated.
Amendment 31 #
Proposal for a regulation
Recital 2
Recital 2
(2) The technological development leading to a proliferation of portable devices such as tablets and smartphones increasingly facilitates the use of online content services by providing access to them regardless of the consumers' location. There is a rapidly growing demand on the part of consumers for access to content and innovative online services not only in their home countryMember State of residence but also when they are temporarily present in another Member State of the Union. (This amendment applies throughout the text)
Amendment 39 #
Proposal for a regulation
Recital 3
Recital 3
(3) Consumers increasingly enter into contractual arrangements with service providers for the provision of online content services. However, consumers that are temporarily present in another Member State of the Union often cannot continue accessing and useing the online content services that they have acquired the right to use in their home country.Member State of residence. (This amendment applies throughout the text with the words "service providers" replaced by "providers")
Amendment 45 #
Proposal for a regulation
Recital 1
Recital 1
(1) Seamless access to online content services by consumers throughout the Union is important for the smooth functioning of the internal market. Since the internal market comprises an area without internal frontiers relying, inter alia, on the free movement of services and persons, it is necessary to provide that consumers can use online content services which offer access to content such as music, games, films or sporting events not only in their Member State of residence but also when they are temporarily present in other Member States of the Union. Therefore, barriers that hamper access and use of such online content services cross borderin such cases should be eliminated.
Amendment 52 #
Proposal for a regulation
Recital 2
Recital 2
(2) The technological development leading to a proliferation of portable devices such as tablets and smartphones increasingly facilitates the use of online content services by providing access to them regardless of the consumers' location. There is a rapidly growing demand on the part of consumers for access to content and innovative online services not only in their home countryMember State of residence but also when they are temporarily present in another Member State of the Union. (This amendment applies throughout the text)
Amendment 56 #
Proposal for a regulation
Recital 3
Recital 3
(3) Consumers increasingly enter into contractual arrangements with service providers for the provision of online content services. However, consumers that are temporarily present in another Member State of the Union often cannot continue accessing and useing the online content services that they have acquired the right to use in their home country.Member State of residence. (This amendment applies throughout the text with the words "service providers" replaced by "providers")
Amendment 58 #
Proposal for a regulation
Recital 17
Recital 17
(17) Online content services which are provided without payment of money are also included in the scope of this Regulation to the extent that providers verify the Member State of residence of their subscribers. Online content services which are provided without the payment of money and whose providers do not verify the Member State of residence of their subscribers should be outside the scope of this Regulation as their inclusion would involve a major change to the way these services are delivered and involve disproportionate costs. As concerns verification of the subscriber's Member State of residence upon subscription, information such as a payment of a licence fee for other services provided in the Member State of residence, the existence of a contract for internet or telephone connection, IP address when registering or other means of authentication, should be relied upon, if they enable the provider to have reasonable indicators as to the Member State of residence of its subscribers.
Amendment 59 #
Proposal for a regulation
Recital 12
Recital 12
(12) Therefore, the objective of this Regulation is to adapt the legal framework in order to ensure that the licensing of rights no longer presents barriers to cross- border portability of online content services in the Union and that the cross- border portability can be ensured without any additional cost to the subscriber.
Amendment 67 #
Proposal for a regulation
Recital 20
Recital 20
(20) In order to ensure that providers of online content services comply with the obligation to provide cross-border portability of their services without acquiring the relevant rights in another Member State, it is necessary to stipulate that those service providers which lawfully provide portable online content services in the Member State of residence of subscribers are always entitled to provide such services to those subscribers when they are temporarily present in another Member State. This should be achieved by establishing that the provision, the access to and the use of such online content service should be deemed to occur in the Member State of the subscriber's residence. This Regulation and in particular the legal mechanism localising the provision of, the access to and the use of an online content service in the Member State of residence of the subscriber does not prevent a service provider from offering its subscriber who is temporarily present in another Member State an online content service that the provider lawfully provides in that Member State.
Amendment 77 #
Proposal for a regulation
Recital 12
Recital 12
(12) Therefore, the objective of this Regulation is to adapt the legal framework in order to ensure that the licensing of rights no longer presents barriers to cross- border portability of online content services in the Union and that the cross- border portability can be ensured without any additional cost to the subscriber.
Amendment 78 #
Proposal for a regulation
Recital 23
Recital 23
(23) Service providers should ensure that their subscribers are properly informed about the conditions of enjoyment of online content services in Member States other than the Member State of residence of the subscribers. The Regulation enables right holders to require that the service provider make use of effective means in order to verify upon subscription that the online content service is provided in conformity with this Regulation. It is necessary, however, to ensure that the required means are reasonable and do not go beyond what is necessary in order to achieve this purpose. Examples of the necessary technical and organisational measures may include sampling of IP address instead of constant monitoring of location, transparent information to the individuals about the methods used for the verification and its purposes, and appropriate security measures. Considering that for purposes of the verification what matters is not the location of usage, but rather, in which Member State the subscriber is accessing the service resident, precise location data, beyond an original verification of residence, should not be collected and processed for this purpose. Similarly, where authentication of a subscriber is sufficient in order to deliver the service provided, identification of the subscriber should not be required.
Amendment 86 #
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25a) This Regulation does not affect the application of Directive 2014/26/EU of the European Parliament and of the Council1a and in particular Title III of that Directive. The rules provided for in this Regulation are consistent with the objective facilitating the lawful access to content which is protected by copyright and related rights as well as services linked thereto. __________________ 1a Directive 2014/26/EU of the European Parliament and of the Council of 26 February 2014 on collective management of copyright and related rights and multi- territorial licensing of rights in musical works for online use in the internal market (OJ L 84, 20.3.2014, p. 72).
Amendment 91 #
Proposal for a regulation
Recital 17
Recital 17
(17) Online content services which are provided without payment of money are also included in the scope of this Regulation to the extent that providers verify the Member State of residence of their subscribers. Online content services which are provided without the payment of money and whose providers do not verify the Member State of residence of their subscribers should be outside the scope of this Regulation as their inclusion would involve a major change to the way these services are delivered and involve disproportionate costs. As concerns verification of the subscriber's Member State of residence upon subscription, information such as a payment of a licence fee for other services provided in the Member State of residence, the existence of a contract for internet or telephone connection, IP address at the time of registration or other means of authentication, should be relied upon, if they enable the provider to have reasonable indicators as to the Member State of residence of its subscribers.
Amendment 93 #
Proposal for a regulation
Recital 17
Recital 17
(17) Online content services which are provided without payment of money are also included in the scope of this Regulation to the extent that providers verify the Member State of residence of their subscribers. Online content services which are provided without the payment of money and whose providers do not verify the Member State of residence of their subscribers should be outside the scope of this Regulation as their inclusion would involve a major change to the way these services are delivered and involve disproportionate costs. As concerns verification of the subscriber's Member State of residence, information such as a payment of a licence fee for other services provided in the Member State of residence, the existence of a contract for internet or telephone connection, IP address or other means of authentication, should be relied upon, if they enable the provider to have reasonable indicators as to the Member State of residence of its subscribers.
Amendment 94 #
Proposal for a regulation
Recital 18
Recital 18
(18) In order to ensure the cross-border portability of online content services it is necessary to require that online service providers to enable their subscribers to use the service in the Member State of their temporary presence by providing them with access to the same content on the same range and number of devices, for the same number of users and with the same range of functionalities as those offered in their Member State of residence. This obligation is mandatory and therefore it is not open to the parties may noto exclude it, derogate from it or vary its effect, either pursuant to contract or by a unilateral act on the part of the service provider. Any action by a service provider which would prevent the subscriber from accessing or using the service while temporarily present in a Member State, for example restrictions to the functionalities of the service or to the quality of its delivery, would amount to a circumvention of the obligation to enable cross-border portability of online content services and therefore would be contrary to this Regulation.
Amendment 100 #
Proposal for a regulation
Recital 19
Recital 19
(19) Requiring that the delivery of online content services to subscribers temporarily present in Member States other than their Member State of residence be of the same quality as in the Member State of residence could result in high costs for service providers and thus ultimately for subscribers. Therefore, it is not appropriate for this Regulation to require that the provider of an online content service take measures to ensure quality of delivery of such services beyond the quality available via the local online access chosen by a subscriber while temporarily present in another Member State. In such cases the provider shallould not be liable if the quality of delivery of the service is lower where the reasons for this can be attributed to objective issues such as the inadequacy of national infrastructure. The service provider should, however, inform the consumer of the possible reduction in quality. Nevertheless, if the provider expressly agrees to guarantee a certain quality of delivery to subscribers while they are temporarily present in other Member States, the provider shallould be bound by such agreement. , without any additional cost to the subscriber.
Amendment 103 #
Proposal for a regulation
Recital 18
Recital 18
(18) In order to ensure the cross-border portability of online content services it is necessary to require that online service providers to enable their subscribers to use the service in the Member State of their temporary presence by providing them with access to the same content on the same range and number of devices, for the same number of users and with the same range of functionalities as those offered in their Member State of residence. This obligation is mandatory and therefore it is not open to the parties may noto exclude it, derogate from it or vary its effect, either pursuant to a contract or by a unilateral act on the part of the service provider. Any action by a service provider which would prevent the subscriber from accessing or using the service while temporarily present in a Member State, for example restrictions to the functionalities of the service or to the quality of its delivery, would amount to a circumvention of the obligation to enable cross-border portability of online content services and therefore would be contrary to this Regulation.
Amendment 107 #
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20a) This Regulation, and in particular the legal mechanism localising the provision of, access to and the use of an online content service in the Member State of residence of the subscriber, should not prevent a provider from offering to a subscriber who is temporarily present in another Member State an online content service that the provider lawfully provides in that other Member State.
Amendment 107 #
Proposal for a regulation
Recital 19
Recital 19
(19) Requiring that the delivery of online content services to subscribers temporarily present in Member States other than their Member State of residence be of the same quality as in the Member State of residence could result in high costs for service providers and thus ultimately for subscribers. Therefore, it is not appropriate for this Regulation to require that the provider of an online content service take measures to ensure quality of delivery of such services beyond the quality available via the local online access chosen by a subscriber while temporarily present in another Member State. In such cases the provider shallould not be liable if the quality of delivery of the service is lower where the reasons for this can be attributed to objective issues such as the inadequacy of national infrastructure. The service provider should, however, inform the consumer of the possible reduction in quality. Nevertheless, if the provider expressly agrees to guarantee a certain quality of delivery to subscribers while they are temporarily present in other Member States, the provider shallould be bound by such agreement, without any additional cost to the subscriber.
Amendment 108 #
Proposal for a regulation
Recital 20 b (new)
Recital 20 b (new)
(20b) Nothing in this Regulation should be interpreted as precluding a service provider from offering its services to a subscriber permanently located in another Member State.
Amendment 110 #
Proposal for a regulation
Recital 22
Recital 22
(22) Service providerProviders of online content services should not be liable for breach of any contractual provisions running counterary to the obligation to enable their subscribers to use the service in the Member State of their temporary presence. Therefore clauses in contracts which are designed to prohibit or limit the cross- border portability of such online content services should be unenforceable. Providers of online content services and holders of rights relevant for the provision of those services should not be allowed to circumvent the application of this Regulation by choosing the law of a third country as the law which is to apply to contracts between them or to contracts between providers and subscribers.
Amendment 112 #
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) This Regulation defines several concepts necessary for its application, including the Member State of residence. The Member State of residence should be determined taking into account the objectives of this Regulation and the need to ensure its uniform application in the Union. The definition of Member State of residence should imply that it is the Member State in which the subscriber habitually resides and to which he or she regularly returns after temporarily spending time in another country. A provider who has established the Member State of residence in accordance with this Regulation should be able to assume, for the purposes of this Regulation, that the Member State of residence as verified is the only Member State of residence of the subscriber. Providers should not be obliged to verify whether their subscribers are also subscribers to an online content service in another Member State.
Amendment 113 #
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20a) This Regulation, and in particular the legal mechanism localising the provision of, the access to and the use of an online content service in the Member State of residence of the subscriber, should not prevent a provider from offering to a subscriber who is temporarily present in another Member State an online content service that the provider lawfully provides in that other Member State.
Amendment 114 #
Proposal for a regulation
Recital 20 b (new)
Recital 20 b (new)
(20b) Nothing in this Regulation should be interpreted as precluding a provider from offering its online content services to a subscriber who is permanently located in another Member State.
Amendment 118 #
Proposal for a regulation
Recital 22
Recital 22
(22) Service providerProviders of online content services should not be liable for breach of any contractual provisions running counterary to the obligation to enable their subscribers to use the service in the Member State of their temporary presence. Therefore clauses in contracts which are designed to prohibit or limit the cross- border portability of such online content services should be unenforceable. Providers of online content services and holders of rights relevant for the provision of those services should not be allowed to circumvent the application of this Regulation by choosing the law of a third country as the law which is to apply to contracts between them or to contracts between providers and subscribers.
Amendment 119 #
Proposal for a regulation
Recital 23
Recital 23
(23) Service providers should ensure that their subscribers are properly informed about the conditions of enjoyment of online content services in Member States other than the Member State of residence of the subscribers. Theis Regulation enables right holders to require that the service provider make use of effective means in order to verify upon subscription that the online content service is provided in conformity with this Regulation. It is necessary, however, to ensure that the required means are reasonable and do not go beyond what is necessary in order to achieve this purpose. Examples of the necessary technical and organisational measures may include sampling of IP address instead of constant monitoring of location, transparent information to the individuals about the methods used for the verification and its purposes, and appropriate security measures. Considering that for purposes of the verification what matters is not the locationGiven that, for the purposes of verification, what matters is not the location in which the online content is used, but rather, in whichthe Member State in which the subscriber is accessing the serviceresident, precise location data concerning matters going beyond an initial verification of residence should not be collected and processed for this purpose. Similarly, where authentication of a subscriber is sufficient in order to deliver the service provided, identification of the subscriber should not be required.
Amendment 120 #
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) This Regulation defines several concepts necessary for its application, including that of Member State of residence. The Member State of residence should be determined taking into account the objectives of this Regulation and the need to ensure its uniform application in the Union. The definition of Member State of residence should provide that it is the Member State in which the subscriber habitually resides. A provider who has determined the Member State of residence in accordance with this Regulation should be able to assume, for the purposes of this Regulation, that the Member State of residence as verified is the only Member State of residence of the subscriber. Providers should not be obliged to verify whether their subscribers are also subscribers to an online content service in another Member State.
Amendment 122 #
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) This Regulation should oblige providers of online content services to subscribers who are temporarily present in a Member State other than their Member State of residence to use effective means in order to verify the Member State of residence of their subscribers upon subscription. The use of such means should at all times be reasonable, and should not go beyond what is necessary in order to achieve the purpose of establishing the subscriber's Member State of residence. To that end, providers should rely on the means of verification listed in this Regulation. The objective of that list should be to provide legal certainty as to the means of verification to be used by providers. In each case, account should be taken of the effectiveness of a particular means of verification in the Member State concerned and for the type of online content service concerned. Unless the Member State of residence can be established with sufficient certainty on the basis of a single means of verification, providers should rely on a combination of not more than two of those means. Once verification of the subscriber's Member State of residence has been completed, no further verification, re-verification, or additional means of verification should be required or requested from the subscriber by the provider.
Amendment 127 #
Proposal for a regulation
Recital 23 b (new)
Recital 23 b (new)
(23b) However, holders of copyright, related rights, or other rights in the content provided by online content services should remain able to permit their content to be accessed and used under this Regulation without verification of the subscriber's Member State of residence, particularly in sectors such as music and e-books. Holders of such rights should be able freely to take decisions in this regard when entering into agreements with providers. Agreements between right holders and providers should not restrict the ability of right holders to withdraw such permission on reasonable notice to the provider. In cases where the holders of copyright, related rights or other rights decide to permit their content to be accessed and used without verification of the subscriber's Member State of residence, all other aspects of this Regulation should remain applicable.
Amendment 127 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
(3) The provider of an online content service, where possible on the basis of the data available to the provider, shall inform the subscriber of the quality of delivery of the online content service provided in accordance with paragraph 1.
Amendment 128 #
Proposal for a regulation
Recital 23
Recital 23
(23) Service providers should ensure that their subscribers are properly informed about the conditions of enjoyment of online content services in Member States other than the Member State of residence of the subscribers. Theis Regulation enables right holders to require that the service provider make use of effective means in order to verify upon subscription that the online content service is provided in conformity with this Regulation. It is necessary, however, to ensure that the required means are reasonable and do not go beyond what is necessary in order to achieve this purpose. Examples of the necessary technical and organisational measures may include sampling of IP address instead of constant monitoring of location, transparent information to the individuals about the methods used for the verification and its purposes, and appropriate security measures. Considering that for purposes of the verification what matters is not the locationGiven that, for the purposes of verification, what matters is not the location in which the online content is used, but rather, in which the Member State in which the subscriber is accessing the serviceresident, precise location data concerning matters going beyond an initial verification of residence should not be collected and processed for this purpose. Similarly, where authentication of a subscriber is sufficient in order to deliver the service provided, identification of the subscriber should not be required.
Amendment 131 #
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) This Regulation should oblige providers of online content services to subscribers who are temporarily present in a Member State other than their Member State of residence to use effective means in order to verify the Member State of residence of their subscribers upon subscription. The use of such means should at all times be reasonable, and should not go beyond what is necessary in order to achieve the purpose of establishing the subscriber's Member State of residence. To that end, providers should rely on the means of verification listed in this Regulation. The objective of that list should be to provide legal certainty as to the means of verification to be used by providers. In each case, account should be taken of the effectiveness of a particular means of verification in the Member State concerned and of the type of online content service concerned. Unless the Member State of residence can be determined with sufficient certainty on the basis of a single means of verification, providers should rely on a combination of not more than two of those means. Once verification of the subscriber's Member State of residence has been completed, no further verification, re-verification, or additional means of verification should be required or requested from the subscriber by the provider.
Amendment 136 #
Proposal for a regulation
Recital 23 b (new)
Recital 23 b (new)
(23b) However, holders of copyright, related rights, or other rights in the content provided by online content services should remain able to permit their content to be accessed and used under this Regulation without verification of the subscriber's Member State of residence, particularly in sectors such as music and e-books. Holders of such rights should be able freely to take decisions in this regard when entering into agreements with providers. Agreements between rightholders and providers should not restrict the ability of rightholders to withdraw such permission on reasonable notice to the provider. In cases where the holders of copyright, related rights or other rights decide to permit their content to be accessed and used without verification of the subscriber's Member State of residence, all other aspects of this Regulation should remain applicable.
Amendment 137 #
Proposal for a regulation
Recital 27
Recital 27
(27) As theis Regulation will therefore apply to some contracts and rights acquired before the date of its application, it is also appropriate to provide for a reasonable period between the date of entry into force of this Regulation and the date of its application, thereby allowing right holders and service providers of online content services to make the arrangements necessary to adapt to the new situation, as well as allowing service providers to amend the terms of use of their services. Changes to the terms of use of online content services made strictly in order to comply with the requirements of this Regulation should not trigger, for subscribers or right holders, any right under national laws to withdraw contracts for the provision of such services.
Amendment 139 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
(1a) Paragraph 1 is without prejudice to the rights of a provider in the Member State where a subscriber is physically located and shall not prevent the provider, if it so wishes, from granting access to content available in a Member State to a subscriber temporarily present in that Member State.
Amendment 143 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Contractual changes arising from the application of this Regulation shall not confer any right to withdraw from any contract or agreement, either between the subscriber and the provider or between the provider and the right holder.
Amendment 144 #
Proposal for a regulation
Article 5 – paragraph 1 b (new)
Article 5 – paragraph 1 b (new)
(1b) Amendments, adjustments or other contractual changes arising from the implementation of this Regulation shall not constitute a justifiable reason for the adjustment of charges, fees or rates, or of any other financial relations between the subscriber, the provider or the holder of rights.
Amendment 146 #
Proposal for a regulation
Article 1
Article 1
This Regulation introduces a common approach in the Union to ensuring that subscribers to online content services in the Union, whenir Member States of residence can access and use those services, without any additional charge, when they are temporarily present in another Member State, can access and use these services.
Amendment 146 #
Proposal for a regulation
Recital 27
Recital 27
(27) As theis Regulation will therefore apply to some contracts and rights acquired before the date of its application, it is also appropriate to provide for a reasonable period between the date of entry into force of this Regulation and the date of its application, thereby allowing right holders and service providers of online content services to make the arrangements necessary to adapt to the new situation, as well as allowing service providers to amend the terms of use of their services. Changes to the terms of use of online content services that are made strictly in order to comply with the requirements of this Regulation should not trigger, for subscribers or rightholders, any right under national laws to withdraw from contracts for the provision of such services.
Amendment 157 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) "Member State of residence" means the Member State wherein which the subscriber is habitually residing and to which he or she regularly returns after temporarily spending time in another country;
Amendment 157 #
Proposal for a regulation
Article 1
Article 1
This Regulation introduces a common approach in the Union to ensuring that subscribers to online content services in the Union, whenir Member States of residence can access and use those services, without any additional charge, when they are temporarily present in another Member State, can access and use these services.
Amendment 168 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) "Temporarily present" means a presenc, in the case of a subscriber, present on a non- permanent basis in a Member State other than this or her Member State of residence;
Amendment 173 #
Proposal for a regulation
Article 2 – point c
Article 2 – point c
(c) "Member State of residence" means the Member State wherein which the subscriber is habitually residing;
Amendment 190 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
(1) The provider of an online content service shall enable a subscriber who is temporarily present in a Member State to access and use the online content service without additional costs.
Amendment 197 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
(3) The provider of an online content service shall, where possible on the basis of the data available to the provider, inform the subscriber of the quality of delivery of the online content service provided in accordance with paragraph 1.
Amendment 200 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 208 #
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Amendment 208 #
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Amendment 221 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
The first paragraph of this Article is without prejudice to the rights of a provider in the Member State where a subscriber is physically present. Nor shall it prevent the provider, if it so wishes, from granting access to content available in a Member State to a subscriber temporarily present in that Member State.
Amendment 221 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
The first paragraph is without prejudice to the rights of a provider in the Member State where a subscriber is physically present. Nor shall it prevent the provider, if it so wishes, from granting access to content available in a Member State to a subscriber who is temporarily present in that Member State.
Amendment 222 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
(1) Any contractual provisions including thosewhich are contrary to this Regulation, including those contained in contracts between holders of copyright and related rights, those holding any other rights relevant for access to, and the use of, content in online content services and service providers, as well aproviders of online content services, as well as those contained in contracts between serviceuch providers and their subscribers which are contrary to Articles 3(1) and 4, shall be unenforceable.
Amendment 222 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Amendment 226 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
(1a) Contractual changes arising from the application of this Regulation shall not confer any right to withdraw from any contract or agreement, either between the subscriber and the provider or between the provider and a right holder. Amendments, adjustments or other contractual changes arising from the implementation of this Regulation shall not constitute a justifiable reason for the adjustment of charges, fees or rates, or for any other modification of the financial relations between the subscriber, the provider or any right holder.
Amendment 226 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Amendment 229 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 230 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 233 #
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. This Regulation shall apply irrespective of the law applicable to contracts concluded between providers of online content services and holders of copyright and related rights or those holding any other rights relevant for access to, and the use of, content in online content services or to contracts between such providers and their subscribers.
Amendment 236 #
Proposal for a regulation
Article 6
Article 6
The processing of personal data carried out within the framework of this Regulation including, in particular, forthe processing for the purposes of verification underpursuant to Article 5(2)3b, shall be carried out in compliance with Directives 95/46/EC and 2002/58/EC.
Amendment 237 #
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
(2a) The provisions of this Regulation shall apply irrespective of the law applicable to contracts concluded between providers of online content services and holders of copyright and related rights or those holding any other rights relevant for access to, and the use of, content in online content services or to contracts between such providers and their subscribers.
Amendment 241 #
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7a Principle of technology neutrality Subscribers shall have the freedom to choose the type of device or technology from among those available on the market in order to access online content.
Amendment 244 #
Proposal for a regulation
Article 6
Article 6
The processing of personal data carried out within the framework of this Regulation including, in particular, forprocessing for the purposes of verification underpursuant to Article 5(2)3b, shall be carried out in compliance with Directives 95/46/EC and 2002/58/EC.
Amendment 251 #
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7a Principle of technological neutrality Subscribers shall have the freedom to choose the type of device or technology from among those available on the market in order to access online content.