17 Amendments of Tomáš ZDECHOVSKÝ 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 54 #
Proposal for a directive
Recital 22
Recital 22
(22) The protection of individuals with regard to the processing of personal data is governed by Directive 95/46/EC of the European Parliament and of the Council31by Regulation (EU) 2016/679 and by Directive 2002/58/EC of the European Parliament and of the Council32 which are fully applicable in the context of contracts for the supply of digital content. Those Directivelegal acts already establish a legal framework in the field of personal data in the Union. The implementation and application of this Directive should be made in full compliance with that legal framework. _________________ 312 OJ L 2801, 23/11/1995, p. 31 - 50) [to be replaced by the General Data Protection Regulation, once adopted]. 3231.7.2002, p. 37–47. OJ L 201, 31.7.2002, p. 37–47.
Amendment 56 #
Proposal for a directive
Recital 25
Recital 25
(25) In cases where the contract does not stipulate sufficiently clear and comprehensive benchmarks, adjusted to the consumers it is dedicated for, to ascertain the conformity of the digital content with the contract, it is necessary to set objective conformity criteria to ensure that consumers are not deprived of their rights. In such cases the conformity with the contract should be assessed considering the purpose for which digital content of the same description would normally be used and the legitimately expected technical standards which digital content of the same description would normally have.
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 71 #
Proposal for a directive
Recital 37
Recital 37
(37) As a second step, the consumer should be entitled to have the price reduced or the contract terminated. The right of a consumer to have the contract terminated should be limited to those cases where for instance bringing the digital content to conformity is not possible and the non- conformity impairs the main performance features of the digital content. Where the consumer terminates the contract, the supplier should reimburse the price paid by the consumer or, where the digital content is supplied not in exchange for a price but against access to data provided by the consumer as a counter-performance for the digital content supplied or data produced by the consumer during the duration of the contract, the supplier should refrain from using it, from transferring that data to third parties or allowing third parties to access it after termination of the contract. Fulfilling the obligation to refrain from using data should mean in the case when the counter- performance consists of personal data, that the supplier should take all measures in order to comply with data protection rules by deleting it or rendering it anonymous in such a way that the consumer cannot be identified by any means likely reasonably to be used either by the supplier or by any other person. If personal data protection technics, such as pseudonimisation, as prescribed in the Regulation (EU) 2016/679 are used by the supplier, only after the request made by the consumer, the supplier should refrain from using these data. Without prejudice to obligations of a controller under Directive 95/46/ECRegulation (EU) 2016/679 the supplier should not be obliged to undertake any further steps in relation to data which the supplier has lawfully provided to third parties in the course of the duration of the contract for the supply of the digital content.
Amendment 75 #
Proposal for a directive
Recital 38
Recital 38
(38) Upon termination the supplier should also refrain from using the content generatproduced by the consumer. However, in those cases where more than one consumer generatproduced particular content, the supplier is entitled to continue to use the content generatproduced by the consumer where those other consumers make use of it.
Amendment 77 #
Proposal for a directive
Recital 39
Recital 39
(39) In order to ensure that the consumer benefits from effective protection in relation to the right to terminate the contract, the supplier, on request made by the consumer, should allow the consumer to retrieve all data uploaded by the consumer, or produced by the consumer with the use of the digital content or generated through the consumer's use of the digital content. This obligation should extend to data which the supplier is obliged to retain under the contract for the supply of the digital content as well as to data which the supplier has effectively retained in relation to the contract.
Amendment 98 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. This Directive shall apply to any contract where 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-performance other than money in the form of personal data or any other data.
Amendment 101 #
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1 a. It shall also apply to contracts where personal data, as defined in Article 4(1) of Regulation (EU) 2016/679, are consciously provided by the consumer as a counter-performance other than money. The contract shall explicitly indicate which data are exchanged for the content supplied.
Amendment 118 #
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. The contract shall include all relevant characteristics for the assessment of the conformitity of the digital content, as well as all relevant information regarding the processing of personal data in compliance with the obligation under Regulation (EU) 2016/679. In order to conform with the contract, the digital content shall, where relevant:
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 127 #
Proposal for a directive
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) whether the digital content is supplied in exchange for a price or other counter-performance than money, by providing personal data or any other data;
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 164 #
Proposal for a directive
Article 16 – paragraph 4 – point a
Article 16 – paragraph 4 – point a
(a) the supplier shall take all measures which could be expectednecessary measures in order to refrain from the use of otherpersonal data as counter-performance other than money which the consumer has provided in exchange for the digital content and any other data collectprovided or produced 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 produced jointly by the consumer and others who continue to make use of the 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 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.