BETA

Activities of Mylène TROSZCZYNSKI related to 2015/0287(COD)

Plenary speeches (1)

Contracts for the supply of digital content and digital services - Contracts for the sale of goods (debate) FR
2016/11/22
Dossiers: 2015/0287(COD)

Shadow reports (1)

REPORT on the proposal for a directive of the European Parliament and of the Council on certain aspects concerning contracts for the supply of digital content PDF (1 MB) DOC (200 KB)
2016/11/22
Committee: IMCOJURI
Dossiers: 2015/0287(COD)
Documents: PDF(1 MB) DOC(200 KB)

Amendments (9)

Amendment 73 #
Proposal for a directive
Recital 1
(1) The growth potential of e- commerce has not yet been fully exploited. Tis substantially under- exploited. It cannot be effectively exploited through the implementation of the Digital Single Market Strategy for Europe29 tackles in a holistic manner the major, whose sole objective is to remove obstacles to the development of cross-border e-commerce in the Union, in ordther to unleash this potential. Ensuring better access for consumers to digital content and facilitating businesses to supply digital content is necessary to boost the Union’s digital economy and stimulate overall growthwords to remove any possibility for national political and economic decision- making. _________________ 29 COM (2015) 192 final.
2017/02/15
Committee: IMCOJURI
Amendment 81 #
Proposal for a directive
Recital 2
(2) For the achievement of a genuine digital single market, the harmonisation of certain aspects concerning contracts for supply of digital content, taking as a base a high level of consumer protection, is necessary.deleted
2017/02/15
Committee: IMCOJURI
Amendment 93 #
Proposal for a directive
Recital 3
(3) Differences in national mandatory consumer contract law rules and a lack ofmay clrear contract law rules are among the key obstacles which hindete a challenge for the development of the international supply of digital content,; as very few tailor-made rules exist at Union level. Businesses face additional costs stemming from differences in national mandatory consumer contract law ru trade challenge and a legal challenge, which are not insurmountables and legal uncertainty when selling digital content across borders. Businesses also face costs when adapting their contracts to specific mandatory rules for the supply of digital content are already emerging in several Member States, creating differences in scope and content between specific national rules governing thesewhich are part and parcel of international trade. International trade does not preclude partnerships and cooperation between different countracts. In those Member States where there are not yet specific rules for the supply of digital content, traders willingies to promote trade between two sell cross-border face uncertaintychosen markets, asnd they will often not know which rules apply to digital content in the Member State they want to export to, nor the content of those rules and whether they are mandatoryreby encouraging trade and reducing the additional costs borne by enterprises.
2017/02/15
Committee: IMCOJURI
Amendment 103 #
Proposal for a directive
Recital 4
(4) Consumers are not confident when buying cross border and especially online. One of the major factors for this lack of confidence is uncertainty about their key contractual rights and the lack of a clear contractual framework for digital content. Many consumers of digital content experience problems related to the quality of, or access to, digital content. For instance, they receive wrong or faulty digital content, or they are not able to access the digital content in question. As a result, consumers suffer financial and non-financial detriment.deleted
2017/02/15
Committee: IMCOJURI
Amendment 109 #
Proposal for a directive
Recital 5
(5) In order to remedy these problems, both businesses and consumers should be able to rely on fully harmonised rules for the supply of digital content setting out Union-wide contractual rights which are essential for this type of transactions.deleted
2017/02/15
Committee: IMCOJURI
Amendment 119 #
Proposal for a directive
Recital 6
(6) Fully harmonised consumer contract law rules in all Member States will make it easier for businesses to offer digital content cross-border. They will have a stable contract law environment when selling online and otherwise at a distance to other Member States. Fully harmonised rules specific for digital content throughout the EU will remove the complexity caused by the different national rules that currently apply to contracts for the supply of digital content. They will also prevent legal fragmentation that otherwise would arise from new national legislations regulating specifically digital content.deleted
2017/02/15
Committee: IMCOJURI
Amendment 127 #
Proposal for a directive
Recital 7
(7) Consumers will benefit from fully harmonised rights for digital content at a high level of protection. They will have clear rights when they receive or access digital content from anywhere in the EU. This will increase their confidence in buying digital content. This will also contribute to reducing the detriment consumers currently suffer, since there will be a set of clear rights that will enable them to address problems they face with digital content.deleted
2017/02/15
Committee: IMCOJURI
Amendment 145 #
Proposal for a directive
Recital 9
(9) By fully harmonising all requirements related to the topics regulated by this Directive, it precludes Member States, within its scope of application, from providing any further formal or substantive requirements, such as a period during which the lack of conformity has to become apparent, an obligation for the consumer to notify the supplier of a lack of conformity within a specific period or an obligation for the consumer to pay for the use of the digital content until the moment of termination because of a lack of conformity with the contract.deleted
2017/02/15
Committee: IMCOJURI
Amendment 510 #
Proposal for a directive
Article 4 – paragraph 1
Member States shall not maintain or introduce provisions diverging from those laid down in this Directive, including more or less stringent provisions to ensure a different level of consumer protection.deleted
2017/02/15
Committee: IMCOJURI