30 Amendments of Henna VIRKKUNEN related to 2018/0112(COD)
Amendment 57 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) Believes that better regulation in the digital age requires principle-based legislation coupled with complementary non-regulatory actions to effectively adapt to new technologies and new business models to prevent fragmentation of the single market;
Amendment 59 #
Proposal for a regulation
Recital 8
Recital 8
(8) A wide variety of business-to- consumer commercial relations are intermediated online by providers operating multi-sided services that are essentially based on the same ecosystem- building business model. In order to capture the relevant services, online intermediation services should be defined in a precise and technologically-neutral manner. In particular, the services should consist of information society services, which are characterised by the fact that they aim to facilitate the initiating ofe direct transactions between business users and consumers, irrespective of whether the transactions are ultimately concluded either online, on the online portal of the provider of the online intermediation services in question or that of the business user, or offline. In addition, the services should be provided on the basis of contractual relationships both between the providers and business users and between the providers and the consumers. Such a contractual relationship should be deemed to exist where both parties concerned express their intention to be bound in an unequivocal and verifiable manner, without an express written agreement necessarily being required.
Amendment 60 #
Proposal for a regulation
Recital 9
Recital 9
(9) Examples of online intermediation services covered by this Regulation should consequently include online e-commerce market places, including collaborative ones on which business users are active, and any marketplace like functionality of online software applications services and online social media services. However, this Regulation should not apply to online advertising serving tools or online advertising exchanges which are not provided with the aim of facilitating the initiation of direct transactions and which do not involve a contractual relationship with consumers. This Regulation should also not apply to online payment services, since they do not themselves meet the applicable requirements but are rather inherently auxiliary to the transaction for the supply of goods and services to the consumers concerned. or electronic communications networks or services or audiovisual media services, which are subject to sector specific regulation in relation to transparency, redress and non discrimination;
Amendment 62 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) Believes that better regulation in the digital age requires principle-based legislation coupled with complementary non-regulatory actions to effectively adapt to new technologies and new business models to prevent fragmentation of the single market;
Amendment 63 #
Proposal for a regulation
Recital 11
Recital 11
(11) For reasons of consistency, tThe definition of online search engine used in this Regulation should be aligned withbroader than the definition used in Directive (EU) 2016/1148 of the European Parliament and of the Council21 in order to ensure technology-neutrality and recognise the variety of search services. _________________ 21 Directive (EU) 2016/1148 of the European Parliament and of the Council concerning measures for a high common level of security of network and information systems across the Union (OJ L 194, 19.7.2016, p. 1).
Amendment 68 #
Proposal for a regulation
Recital 9
Recital 9
(9) Examples of online intermediation services covered by this Regulation should consequently include online e-commerce market places, including collaborative ones on which business users are active, online software applications services and online social media services. However, this Regulation should not apply to online advertising serving tools or online advertising exchanges which are not provided with the aim of facilitating the initiation of direct transactions and which do not involve a contractual relationship with consumers. This Regulation should also not apply to online payment services, since they do not themselves meet the applicable requirements but are rather inherently auxiliary to the transaction for the supply of goods and services to the consumers concerned. or electronic communications networks or services or audiovisual media services, which are subject to sector specific regulation in relation to transparency, redress and non discrimination;
Amendment 75 #
Proposal for a regulation
Recital 11
Recital 11
(11) For reasons of consistency, tThe definition of online search engine used in this Regulation should be aligned withbroader than the definition used in Directive (EU) 2016/1148 of the European Parliament and of the Council21 in order to ensure technology-neutrality and recognise the variety of search services. _________________ 21 Directive (EU) 2016/1148 of the European Parliament and of the Council concerning measures for a high common level of security of network and information systems across the Union (OJ L 194, 19.7.2016, p. 1).
Amendment 90 #
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28 a) Considers that EU legislation should be guided by the concept of "as little as possible and as much as necessary", which means necessity of rules fitting for digital age and open and technologically neutral enough to accommodate future developments; Appreciates the Commission's initiative to analyse the role of platforms in the Digital Economy, ensuring a comprehensive and similar approach to framework across the digital market; considers that "a one size fits all" solution may have a chilling effect on innovation and put European companies at a competitive disadvantage in the global economy;
Amendment 96 #
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1 a. Member States shall not maintain or introduce in their national law provisions on the subject-matters covered by this Regulation and diverging from the provision laid down in this Regulation.
Amendment 101 #
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2 a. This Regulation should apply where the terms and conditions of a contractual relationship, regardless of their name or form, are not individually negotiated by the parties to them.
Amendment 105 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b
Article 2 – paragraph 1 – point 2 – point b
(b) they allowir primary purpose is to enable business users to offer goods or services to consumers, with a view to facilitating theby initiating of direct transactions between those business users and consumers, irrespective of where those transactions are ultimately concluded;
Amendment 109 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) 'online search engine' means a digital service or interface or mobile applications that allows users to perform searches of, in principle, all websites or websites web content, in a particular language on the basis of a query on any subject in the form of a keyword, phrase or other input in many options, and returns linksresult in which information related to the requested contentry can be found;
Amendment 131 #
(28 a) Considers that EU legislation should be guided by the concept of “as little as possible and as much as necessary”, which means necessity of rules fitting for digital age and open and technologically neutral enough to accommodate future developments; Appreciates the Commission’s initiative to analyse the role of platforms in the Digital Economy, ensuring a comprehensive and similar approach to framework across the digital market; considers that “a one size fits all” solution may have a chilling effect on innovation and put European companies at a competitive disadvantage in the global economy;
Amendment 136 #
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
5. Paragraph 3 shall not apply where a provider of online intermediation services is subject to a legal obligation which requires it to modify its terms and conditions in a manner which does not allow it to respect the notice period referred to in the second subparagraph of paragraph 3.reasonably believes that to provide the full notice period would: a) breach the law b) compromise a legal investigation c) cause harm to users of the online intermediation service
Amendment 149 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b
Article 2 – paragraph 1 – point 2 – point b
(b) they allowir primary purpose is to enable business users to offer goods or services to consumers, with a view to facilitating theby initiating of direct transactions between those business users and consumers, irrespective of where those transactions are ultimately concluded;
Amendment 149 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Providers of online intermediation services shall set out in their terms and conditions the main parameters determining ranking and the reasons for the relative importance of those main parameters as opposed to other parameters.
Amendment 154 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Providers of online search engines shall set out for corporate website users the main parameters determining ranking, by providing an easily and publicly available description, drafted in clear and unambiguous language on the online search engines of those providers. They shall keep that description up to date with regard to material changes that can reasonably be expected to affect corporate website users in substantive manner and having a negative result.
Amendment 158 #
(5) ‘online search engine’ means a digital service or interface or mobile applications that allows users to perform searches of, in principle, all websites or websites web content, in a particular language on the basis of a query on any subject in the form of a keyword, phrase or other input in many options, and returns linksresult in which information related to the requested contentry can be found;
Amendment 159 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Providers of online intermediation services and providers of online search engines shall, when complying with the requirements of this Article, not be required to disclose any trade secrets as defined in Article 2(1) of Directive (EU) 2016/943 nor any information that would be likely to facilitate the manipulation of results or the deception of consumers.
Amendment 183 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 193 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
Providers of online intermediation services shall identify in their terms and conditions one or more mediators with which they are willing to engage to attempt to reach an agreement with business users on the settlement, out of court, of any disputes between the provider and the business user arising in relation to the provision of the online intermediation services concerned, including complaints that which could not be resolved by means of the internal complaint-handling system referred to in Article 9.
Amendment 194 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Providers of online intermediation services and business users shall engage in good faith in any attempt to reach an agreement through the mediation of any of the mediators which they identified in accordance with paragraph 1, with a view to reaching an agreement on the settlement of the dispute.
Amendment 202 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point b
Article 12 – paragraph 2 – subparagraph 1 – point b
(b) they pursue objectives that are in the collective interest of the group of business users or corporate website users that they represent; the group must consist at least majority of business users or corporate website users;
Amendment 204 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point c
Article 12 – paragraph 2 – subparagraph 1 – point c
(c) they are of a non-profit making character and are transparent for bringing a claim.
Amendment 214 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. It shall apply from [date: sixtwelve months following the day of its publication].
Amendment 236 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Providers of online search engines shall set out for corporate website users the main parameters determining ranking, by providing an easily and publicly available description, drafted in clear and unambiguous language on the online search engines of those providers. They shall keep that description up to date with regard to material changes that can reasonably be expected to affect corporate website users in substantive and having a negative result.
Amendment 336 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – introductory part
Article 12 – paragraph 2 – subparagraph 1 – introductory part
Organisations or associations shall have the right referred to in paragraph 1 only where, at the time of bringing the action and for the duration of the action, they meet all of the following requirements:
Amendment 337 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point a
Article 12 – paragraph 2 – subparagraph 1 – point a
(a) they are properly constituted according to the law of a Member State and hold a qualified license issued by Member State;
Amendment 338 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point b
Article 12 – paragraph 2 – subparagraph 1 – point b
(b) they pursue objectives that are in the collective interest of the group of business users or corporate website users that they represent; The Group must consist at least majority of business users or corporate website users;
Amendment 341 #
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point c
Article 12 – paragraph 2 – subparagraph 1 – point c
(c) they are of a non-profit making character. and are transparent for bringing a claim