16 Amendments of Miapetra KUMPULA-NATRI related to 2020/0374(COD)
Amendment 92 #
Proposal for a regulation
Recital 7
Recital 7
(7) Therefore, the objective of this Regulation is to contribute to the proper functioning of the internal market by laying down rules to ensure contestability and fairness for the digital sector in general and for business users and end-- users of core platform services provided by gatekeepers in particular. Business users and end-users of core platform services provided by gatekeepers should be afforded appropriate regulatory safeguards throughout the Union against the unfair behaviour of gatekeepers in order to facilitate cross- border business within the Union and thereby improve the proper functioning of the internal market and to addresseliminate existing or likely emerging fragmentation in the specific areas covered by this Regulation. Moreover, while gatekeepers tend to adopt global or at least pan-European business models and algorithmic structures, they can adopt, and in some cases have adopted, different business conditions and practices in different Member States, which is liable to create disparities between the competitive conditions for the users of core platform services provided by gatekeepers, to the detriment of integration within the internal market.
Amendment 122 #
Proposal for a regulation
Recital 22
Recital 22
(22) Such thresholds can be impacted by market and technical developments. The Commission should therefore be empowered to adopt delegated acts to specify the methodology for determining whether the quantitative thresholds are met, and to regularly adjust it to market and technological developments where necessary. This is particularly relevant in relation to the threshold referring to market capitalisation, which should be indexed in appropriate intervals. The accuracy of the reported numbers of business users and monthly active users can be technically verified through independent audience measurement.
Amendment 175 #
Proposal for a regulation
Recital 46
Recital 46
(46) A gatekeeper maycan use different means to favour its own or third party services or products on its core platform servicean operating system it provides or effectively controls, to the detriment of the same or similar services that end users could obtain through third parties. This may for instance be the case where certain software applications or services are pre-installed by a gatekeeper. To enable end user choice, gatekeepers should not prevent end users from un-installing any pre-installed software applications on an operating system they provide or effectively control its core platform service and thereby favour their own or third party software applications. .
Amendment 193 #
Proposal for a regulation
Recital 52
Recital 52
(52) Gatekeepers may also have a dual role as developers of operating systems and device manufacturers, including any technical functionality that such a device may have. For example, a gatekeeper that is a manufacturer of a device may restrict access to some of the functionalities in this device, such as near-field-communication technology and the software used to operate that technology, or biometric identity readers, which may be required for the effective provision of an ancillary service by the gatekeeper as well as by any potential third party provider of such an ancillary service. Such access may equally be required by software applications related to the relevant ancillary services in order to effectively provide similar functionalities as those offered by gatekeepers. If such a dual role is used in a manner that prevents alternative providers of ancillary services or of software applications to have access under equal conditions to the same operating system, hardware or software features that are available or used in the provision by the gatekeeper of any ancillary services, this could significantly undermine innovation by providers of such ancillary services as well as choice for end users of such ancillary services. The gatekeepers should therefore be obliged to ensure access under equal conditions to, and interoperability with, the same operating system, hardware or software features that are available or used in the provision of any ancillary services by the gatekeeper. These equal conditions include conditions of economic, technical, or any other nature.
Amendment 197 #
Proposal for a regulation
Recital 53
Recital 53
(53) The conditions under which gatekeepers provide online advertising services to business users including both advertisers and publishers are often non- transparent and opaque. This often leads to a lack of information for advertisers and publishers about the effect of a given ad. To further enhance fairness, transparency and contestability of online advertising services designated under this Regulation as well as those that are fully integrated with other core platform services of the same provider, the designated gatekeepers should therefore provide advertisers and publishers, when requested, with free of charge access to the performance measuring tools of the gatekeeper and the information necessary, including non- aggregated data, for advertisers, advertising agencies acting on behalf of a company placing advertising, as well as for publishers, or third parties authorised by publishers and advertisers to carry out their own independent verification of the provision of the relevant online advertising services.
Amendment 201 #
Proposal for a regulation
Recital 55
Recital 55
(55) Business users that use large core platform services provided by gatekeepers and end users of such business users provide and generate a vast amount of data, including data inferred from such use. In order to ensure that business users have access to the relevant data thus generated, the gatekeeper should, upon their request, allow unhindered access, free of charge, to such data. Such access should also be given to third parties contracted by the business user, who are acting as processors or co-controllers of this data for the business user. For example, such parties can include providers of audience measurement metrics for the purpose of providing the market with impartial benchmarks on the use, effectiveness and reach of content viewed on gatekeepers' platforms. Data provided or generated by the same business users and the same end users of these business users in the context of other services provided by the same gatekeeper may be concerned where this is inextricably linked to the relevant request. To this end, a gatekeeper should not use any contractual or other restrictions to prevent business users or authorised third parties from accessing relevant data and should enable business users to obtain consent of their end users for such data access and retrieval, where such consent is required under Regulation (EU) 2016/679 and Directive 2002/58/EC. or if lawful under special exemptions, such as access to end-user’s data for audience measurement purposes. Gatekeepers should also facilitate access to these data in real time by means of appropriate technical measures, such as for example putting in place high quality application programming interfaces.
Amendment 290 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point h a (new)
Article 2 – paragraph 1 – point 2 – point h a (new)
(h a) payment aggregation services, provided by a provider of any of the core platform services listed in points (a) to (g);
Amendment 314 #
Proposal for a regulation
Article 2 – paragraph 1 – point 11 a (new)
Article 2 – paragraph 1 – point 11 a (new)
(11 a) 'Payment aggregation services' means technical services within the meaning of Article 3(j) of Directive (EU) 2015/2366 of the European Parliament and of the Council allowing end users to enrol and execute payment services within the meaning of Article 4(3) of Directive (EU) 2015/2366 of the European Parliament and of the Council, on the basis of a contractual relationship between the payment aggregation service provider and the payment service provider whose payment services are aggregated;
Amendment 425 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) allow business users to offer the same products or services to end users through third party online intermediation services or through their own direct sales channels at prices or conditions that are different from those offered through the online intermediation services of the gatekeeper;
Amendment 439 #
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) refrain from preventing or restricting business users and end users from raising issues with any relevant public authority relating to any practice of gatekeepers;
Amendment 490 #
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) allow end users and business users to un-install any pre-installed software applications on its core platform servican operating system the gatekeeper provides or effectively controls as easily as any software application installed by the end user at any stage without prejudice to the possibility for a gatekeeper to restrict such un-installation in relation to software applications that the gatekeeper can prove are essential for the functioning of the operating system or of the device and which cannot technically be offered on a standalone basis by third- parties;
Amendment 510 #
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
(f) allow business users and providers of ancillary services access under equal conditions to, and interoperability with the same operating system, hardware or software features that are available or used in the provision by the gatekeeper of any ancillary services by the gatekeeper;
Amendment 516 #
Proposal for a regulation
Article 6 – paragraph 1 – point g
Article 6 – paragraph 1 – point g
(g) provide advertisers and publishers, or third parties authorised by advertisers and publishers, upon their request and free of charge, with effective and real time access to the performance measuring tools of the gatekeeper and the information necessary for advertisers and publishers to carry out their own independent verification of the ad inventory; not retain payments for advertisements under the claims that traffic is irregular, without providing detailed evidence for that irregularity and giving the publisher the opportunity to raise objections;
Amendment 523 #
Proposal for a regulation
Article 6 – paragraph 1 – point h
Article 6 – paragraph 1 – point h
(h) provide end users or third parties authorised by an end user, free of charge, with effective portability of data provided by the end user or generated through this or her activity of a business user or end user and shall, in particular,in the context of their use on the relevant core platform service, including by provideing tools for end users to facilitate the effective exercise of such data portability, in line with Regulation (EU) 2016/679, and including by the provision of continuous and real-time access ;
Amendment 530 #
Proposal for a regulation
Article 6 – paragraph 1 – point i
Article 6 – paragraph 1 – point i
(i) provide business users and end users, or third parties authorised by a business user or end user, free of charge, in a user friendly manner with effective, high-quality, continuous and real-time access and use of aggregated orand non- aggregated data, based on the preference requested by the business users, or third parties authorised by a business user or several business users, that is provided for or generated in the context of the use of the relevant core platform services by those business users and the end users engaging with the products or services provided by those business users; for personal data, provide access and use, in full compliance with Regulation (EU) 2016/679 (GDPR), only where directly connected with the use effectuated by the end user in respect of the products or services offered by the relevant business user through the relevant core platform service in line with the principles of purpose limitation and data minimisation, and when the end user opts in to such sharing with a consent in the sense of the Regulation (EU) 2016/679; or when access to such data is lawful under lex specialis exemptions;
Amendment 543 #
Proposal for a regulation
Article 6 – paragraph 1 – point k a (new)
Article 6 – paragraph 1 – point k a (new)
(k a) negotiate, on fair and non- discriminatory terms, for the use of third- party content on their core platform services, and participate in final offer arbitration, in good faith, if agreement cannot be reached.