50 Amendments of Marco ZANNI related to 2020/0374(COD)
Amendment 131 #
Proposal for a regulation
Recital 11
Recital 11
(11) This Regulation should also complement, without prejudice to their application, the rules resulting from other acts of Union law regulating certain aspects of the provision of services covered by this Regulation, in particular Regulation (EU) 2019/1150 of the European Parliament and of the Council26 , Regulation (EU) xx/xx/EU [DSA] of the European Parliament and of the Council27 , Regulation (EU) 2016/679 of the European Parliament and of the Council28 and Directive 2002/58/EC of the European Parliament and of the Council28a, Directive (EU) 2019/790 of the European Parliament and of the Council29 , Directive (EU) 2015/2366 of the European Parliament and of the Council30 , and Directive (EU) 2010/13 of the European Parliament and of the Council31 , as well as national rules aimed at enforcing or, as the case may be, implementing that Union legislation. The Regulation does not particularise or replace any of the obligations of core platform services under Regulation (EU) 2016/679 and Directive 2002/58/EC. _________________ 26 Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (OJ L 186, 11.7.2019, p. 57). 27Regulation (EU) …/.. of the European Parliament and of the Council – proposal on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC. 28 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). 28aDirective 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications). 29 Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/ (OJ L 130, 17.5.2019, p. 92.). 30Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC ( OJ L 337, 23.12.2015, p. 35). 31Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1).
Amendment 161 #
Proposal for a regulation
Recital 26
Recital 26
Amendment 165 #
Proposal for a regulation
Recital 27
Recital 27
Amendment 166 #
Proposal for a regulation
Recital 28
Recital 28
Amendment 177 #
Proposal for a regulation
Recital 32
Recital 32
(32) To safeguard the fairness and contestability of core platform services provided by gatekeepers, it is necessary to provide in a clear and unambiguous manner for a set of harmonised obligations with regard to those services. Such rules are needed to address the risk of harmful effects of unfair practices imposed by gatekeepers, to the benefit of the business environment in the services concerned, to the benefit of users and ultimately to the benefit of society as a whole. Given the fast-moving and dynamic nature of digital markets, and the substantial economic power of gatekeepers, it is important that these obligations are effectively applied without being circumvented. To that end, the obligations in question should apply to any practices by a gatekeeper, irrespective of its form and irrespective of whether it is of a contractual, commercial, technical or any other nature, insofar as a practice corresponds to the type of practice that is the subject of one of the obligations of this Regulation. In particular, gatekeepers' actions should adequately ensure transparency, interoperability (including equitable use of and access to data) and equal treatment (for example, where anti- competitiveself-preferencing, tying or bundling may arise).
Amendment 182 #
Proposal for a regulation
Recital 36
Recital 36
(36) The conduct of combining end user data from different sources or signing in users to different services of gatekeepers gives them potential advantages in terms of accumulation of data, thereby raising barriers to entry. To ensure that gatekeepers do not unfairly undermine the contestability of core platform services, they should enable their end users to freely choose to opt-in to such business practices by offering a less personalised alternative. The possibility should cover all possible sources of personal data, including own services of the gatekeeper as well as third party websites, and should be proactively presented to the end user in an explicit, clear and straightforward manner. For giving information and offering the opportunity to grant, modify or revoke consent, the gatekeeper shall provide end- users with a user-friendly as possible solution (of easy and prompt accessibility) in line with Regulation (EU) 2016/679, and, in particular, the requirement of data protection by design and data protection by default laid down in Article 25 of Regulation (EU) 2016/679.
Amendment 186 #
Proposal for a regulation
Recital 36 a (new)
Recital 36 a (new)
(36 a) The online platforms that are not designated as gatekeepers may still need to obtain the consent of the persons concerned before combining data across their services or with data from third- party services pursuant to the General Data Protection Regulation and/or the ePrivacy Directive. Article 5(a) of the present Regulation should therefore not be understood that platforms that are not designated as gatekeepers may freely combine personal data across services without the individual’s consent.
Amendment 236 #
Proposal for a regulation
Recital 56
Recital 56
(56) The value of online search engines to their respective business users and end users increases as the total number of such users increases. Providers of online search engines collect and store aggregated datasets containing information about what users searched for, and how they interacted with, the results that they were served. Providers of online search engine services collect these data from searches undertaken on their own online search engine service and, where applicable, searches undertaken on the platforms of their downstream commercial partners. Access by gatekeepers to such ranking, query, click and view data constitutes an important barrier to entry and expansion, which undermines the contestability of online search engine services. Gatekeepers should therefore be obliged to provide access, on fair, reasonable and non-discriminatory terms, to these ranking, query, click and view data in relation to free and paid search generated by consumers on online search engine services to other providers of such services, so that these third-party providers can optimise their services and contest the relevant core platform services. Such access should also be given to third parties contracted by a search engine provider, who are acting as processors of this data for that search engine. When providing access to its search data, a gatekeeper should ensure the protection of the personal data of end users by appropriate means, without substantially degrading the quality or usefulness of the data. In this regard, the query, click and view data in relation to searches generated by individuals constitute personal data. Moreover, these data are likely to be of a highly sensitive nature because they can contribute to build up a profile of individual preferences, status (including health status), interests and convictions (including religious and political beliefs). Often due attention is not paid by the controller to the effective anonymisation of personal data and that, as a consequence, sharing this information leads to a high risk of re- identification. Indeed, given the high level of insight offered into the private life of data subjects by query, click and view data, the gatekeeper shall be able to demonstrate that anonymised query, click and view data have been adequately tested against possible re-identification risks.
Amendment 254 #
Proposal for a regulation
Recital 60
Recital 60
(60) In exceptional circumstances justified on the limited grounds of public morality, public health or public security, the Commission should be able to decide that the obligation concerned does not apply to a specific core platform service. Affecting these public interests can indicate that the cost to society as a whole of enforcing a certain obligation would in a certain exceptional case be too high and thus disproportionate. The regulatory dialogue to facilitate compliance with limited suspension and exemption possibilities should ensure the proportionality of the obligations in this Regulation without undermining the intended ex ante effects on fairness and contestability.
Amendment 260 #
Proposal for a regulation
Recital 63
Recital 63
(63) Following a market investigation, an undertaking providing a core platform service could be found to fulfil all of the overarching qualitative criteria for being identified as a gatekeeper. It should then, in principle, comply with all of the relevant obligations laid down by this Regulation. However, for gatekeepers that have been designated by the Commission as likely to enjoy an entrenched and durable position in the near future, the Commission should only impose those obligations that are necessary and appropriate to prevent that the gatekeeper concerned achieves an entrenched and durable position in its operations. With respect to such emerging gatekeepers, the Commission should take into account that this status is in principle of a temporary nature, and it should therefore be decided at a given moment whether such a provider of core platform services should be subjected to the full set of gatekeeper obligations because it has acquired an entrenched and durable position, or conditions for designation are ultimately not met and therefore all previously imposed obligations should be waived.
Amendment 273 #
Proposal for a regulation
Recital 71
Recital 71
Amendment 298 #
Proposal for a regulation
Article 1 – paragraph 6
Article 1 – paragraph 6
6. This Regulation is without prejudice to the application of Articles 101 and 102 TFEU. It is also without prejudice to the application of: national rules prohibiting anticompetitive agreements, decisions by associations of undertakings, concerted practices and abuses of dominant positions; national competition rules prohibiting other forms of unilateral conduct insofar as they are applied to undertakings other than gatekeepers or amount to imposing additional obligations on gatekeepers; Council Regulation (EC) No 139/200438 and national rules concerning merger control; Regulation (EU) 2016/679 and Directive 2002/58/EC38a; Directive (EU) 2019/882of the European Parliament and of the Council38b; Regulation (EU) 2019/1150 and Regulation (EU) …./.. of the European Parliament and of the Council39 . _________________ 38Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (OJ L 24, 29.1.2004, p. 1). 38a Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1) and Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications). 38bDirective (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services. 39Regulation (EU) …/.. of the European Parliament and of the Council – proposal on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC.
Amendment 339 #
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(14) ‘Ancillary service’ means services provided in the context of or together with core platform services, including payment services as defined in point 3 of Article 4 and technical services which support the provision of payment services as defined in Article 3(j) of Directive (EU) 2015/2366, fulfilment, parcel delivery services as defined in Article 2 (2) of Regulation (EU) No 2018/644, freight, identification or advertising services;
Amendment 345 #
(21 a) "Profiling" means any form of automated processing of personal data as defined in Article 4(4) of Regulation (EU) 2016/679;
Amendment 346 #
Proposal for a regulation
Article 2 – paragraph 1 – point 21 b (new)
Article 2 – paragraph 1 – point 21 b (new)
(21 b) "Consent" means of the data subject means any freely given, specific, informed and unambiguous indication of the data subject's wishes as defined in Article 4(11) of Regulation (EU) 2016/679;
Amendment 347 #
Proposal for a regulation
Article 2 – paragraph 1 – point 21 c (new)
Article 2 – paragraph 1 – point 21 c (new)
(21 c) "Data portability" means effective portability of data as referred to in Article 6(1)(h) of the present Regulation;
Amendment 354 #
Proposal for a regulation
Article 2 – paragraph 1 – point 23 a (new)
Article 2 – paragraph 1 – point 23 a (new)
(23 a) "Persons with disabilities" means persons within the meaning of Article 3 (1) of Directive (EU) 2019/882.
Amendment 362 #
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) it enjoys an entrenched and durable position in its operations or it is foreseeable that it will enjoy such a position in the near future.
Amendment 372 #
Proposal for a regulation
Article 3 – paragraph 2 – point b – paragraph 1
Article 3 – paragraph 2 – point b – paragraph 1
for the purpose of the first subparagraph, monthly active end users shall refer to the average number of monthly active end users throughout the largest part of the last financial year;
Amendment 408 #
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 2
Article 3 – paragraph 6 – subparagraph 2
Amendment 412 #
Proposal for a regulation
Article 3 – paragraph 6 – subparagraph 4
Article 3 – paragraph 6 – subparagraph 4
Amendment 429 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
In respect of each of its core platform services and ancillary services identified pursuant to Article 3(7) and Article 2 (1) (14) respectively, a gatekeeper shall:
Amendment 433 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) refrain from combining personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper or with personal data from third-party services, and from signing in end users to other services of the gatekeeper in order to combine personal data, unless the end user has been presented with the specific choice and provided consent in the sense of Regulation (EU) 2016/679. , and provided that resulting data is made available by the gatekeeper to third parties that provide competing advertising services, and no data advantage would be conferred upon the gatekeeper’s own core platform services as a result;
Amendment 457 #
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) refrain from requiring business users to use, offer or interoperate with an identification service of the gatekeeperr any other ancillary services of the gatekeeper itself or by any third party belonging to the same undertaking, in the context of services offered by the business users or end users using the core platform services of that gatekeeper;
Amendment 464 #
Proposal for a regulation
Article 5 – paragraph 1 – point f
Article 5 – paragraph 1 – point f
(f) refrain from requiring business users or end users to subscribe to or register with any other core platfuse any other product orm services identified pursuant to Article 3 or which meets the thresholds in Article 3(2)(b) as a condition to access, sign up or register to of the gatekeeper as a condition to use any of their core platform services identified pursuant to that Article 3;
Amendment 468 #
Proposal for a regulation
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
(g) provide each advertisers and publishers to which it supplies advertising services, upon their request, with informawith free of charge, high-quality, granular, effective, continuous and real- time access, equivalent to that conferred upon the gatekeeper itself, to information on the visibility and availability of advertisement portfolio as well as pricing conditions concerning the bids placed by advertisers and advertising intermediaries, the price paid by the advertiser or advertising intermediary and publisher, as well as the amount orand remuneration paid to the publisher, for the publishing of a given ad and for each of the relevant advertising services provided by the gatekeeper, and on a basis that enables a clear understanding of the cost of the services provided and comparison against the cost of third-party services.
Amendment 494 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) refrain from using, in competition with business userdirectly or by any third party belonging to the same undertaking, in competition with business users and providers of ancillary services, any data not publicly available, which is generated through activities by those business users, including by the end users of these business users, of its core platform services or provided by those business users of its core platform services or by the end users of these business users;
Amendment 505 #
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) allow the installation and effective use of third party software applications or software application stores using, or interoperating with, operating systems of that gatekeeper and allow these software applications or software application stores to be accessed by means other than the core platform services of that gatekeeper. The gatekeeper shall not be prevented from taking proportionate measures to ensure that third party software applications or software application stores do not endanger the integrity of the hardware or operating system provided by the gatekeeper, without prejudice to the freedom of consumers, duly informed, to choose the software application or software application stores they prefer;
Amendment 513 #
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) refrain from treating more favourably in ranking services, both basic and ancillary, and products offered by the gatekeeper itself or by any third party belonging to the same undertaking compared to similar services or products of third party and apply fair and non- discriminatory conditions to such ranking;
Amendment 537 #
Proposal for a regulation
Article 6 – paragraph 1 – point g
Article 6 – paragraph 1 – point g
(g) provide advertisers and publishers, upon their request and free of charge, with access to the performance measuring tools of the gatekeeper and the information necessary for advertisers and publisheor third parties authorised by advertisers and publishers, upon their request and free of charge, with effective and real time access to the same granular data accessible to the gatekeeper, for the measurement and verification of advertising, in a format that is reconcilable with equivalent data from other sources, to enable advertisers, publishers and/or their third-party advertising technology vendors to carry out their own independent measurement and verification of the ad inventory, including aggregated data and performance data in a manner that would allow advertisers and publishers to run their own verification and measurement tools to assess performance of the core services provided for by the gatekeepers;
Amendment 545 #
Proposal for a regulation
Article 6 – paragraph 1 – point h
Article 6 – paragraph 1 – point h
(h) provide effective portability of data generated through the activity of a business user or end usernd users or third parties authorised by an end user, free of charge, with effective portability and interoperability of data provided by the end user or generated through the activity of a business user or end user in the context of their use on the relevant core platform service, and shall, in particular, provide tools for end users to facilitate the exercise of data portability, in line withffective portability of the personal data relating to her or him, including personal data generated through her or his activity as end-user of platform services in accordance with Article 20 of Regulation (EU) 2016/679, including by the provision of continuous and real-time access , while ensuring no data advantage is conferred upon the gatekeeper’s own core platform services as a result, including where necessary by placing restrictions on its own access to such data;
Amendment 551 #
Proposal for a regulation
Article 6 – paragraph 1 – point i
Article 6 – paragraph 1 – point i
(i) provide business users, or third parties authorised by a business user, free of charge, with effective, high-quality, granular, continuous and real-time access and use of aggregated or, equivalent to that conferred upon the gatekeeper itself, and use of non- aggregated data, including personal data, that is provided for or generated in the context of the use of the relevant core platform services or of ancillary services offered by the gatekeeper by those business users and the end users engaging with the products or services provided by those business usersose business users via the core platform services; this shall include at the request of the business user, the possibility and necessary tools to access and analyse data “in-situ” without a transfer from the gatekeeper; for personal data, provide access aonly when the end user only where directly connected with the use effectuated by the end user in respect of the products or services ofpts in to such sharing with a consent in the sense of the Regulation (EU) 2016/679, while ensuring no data advantage is conferred byupon the relevant business user through the relevant core platform service, and when the end user opts in to such sharing with a consent in the sense of the Regulation (EU) 2016/679; ; gatekeeper’s own core platform services asa result, including where necessary by placing restrictions on its own access to such data. The functionalities for giving information and offering of the opportunity to grant consent should be as user-friendly as possible;
Amendment 562 #
Proposal for a regulation
Article 6 – paragraph 1 – point j a (new)
Article 6 – paragraph 1 – point j a (new)
(j a) ensure their services, including user interfaces, are accessible to persons with disabilities in accordance with Article 13 of Directive (EU) 2019/882;
Amendment 569 #
Proposal for a regulation
Article 6 – paragraph 1 – point k a (new)
Article 6 – paragraph 1 – point k a (new)
(k a) provide business users, or third parties authorised by a business user, free of charge, with all necessary technical information required by them to optimise the interoperation of their products or services with the gatekeeper’s core platform services, ensuring that they have access to the same level of information, in the same format and at the same time as the gatekeeper’s own distinct products or services have access in order to interoperate with each other;
Amendment 575 #
Proposal for a regulation
Article 6 – paragraph 1 – point k b (new)
Article 6 – paragraph 1 – point k b (new)
(k b) engage in good faith in the development of industry standards, in compliance with competition law requirements, to develop data portability and interoperability protocols that comply with the provisions of Regulation (EU) 2016/679, including common transaction ID and common user ID protocols;
Amendment 579 #
Proposal for a regulation
Article 6 – paragraph 1 – point k c (new)
Article 6 – paragraph 1 – point k c (new)
Amendment 580 #
Proposal for a regulation
Article 6 – paragraph 1 – point k d (new)
Article 6 – paragraph 1 – point k d (new)
(k d) refrain from tying and bundling any distinct products or services, or where distinct products or services are bundled, ensure the products are also offered separately to business users on reasonable terms and on a non-discriminatory basis.
Amendment 632 #
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
Amendment 640 #
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) there is an imbalance of rights and obligations on business users or end-users and the gatekeeper is obtaining an advantage from business users that is disproportionate to the service provided by the gatekeeper to business users; or
Amendment 644 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. A gatekeeper shall ensure that the obligations of Articles 5 and 6 are fully and effectively complied with. While the obligations of Articles 5 and 6 apply in respect of core and ancillary platform services designated pursuant to Article 3 and to Article 2 (1) (14), their implementation shall not be undermined by any behaviour of the undertaking to which the gatekeeper belogatekeeper or any third party belonging to the same undertakings, regardless of whether this behaviour is of a contractual, commercial, technical or any other nature. In particular, the gatekeeper’s actions shall adequately ensure transparency, interoperability, including equitable use of and access to data, and equal treatment.
Amendment 651 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Where consent for collecting and processing of personal data is required to ensure compliance with this Regulation, a gatekeeper shall take the necessary steps to either enable business users to directly obtain the required consent to their processing, where required under Regulation (EU) 2016/679 and Directive 2002/58/EC, orand to comply with Union data protection and privacy rules and principles in other ways including by providing business users with duly anonymised data where appropriate. The gatekeeper shall not make the obtaining of this consent by the business user more burdensome than for its own services.
Amendment 680 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
Within six months after its designation pursuant to Article 3, a gatekeeper shall submit to the Commission an independently audited description of any techniques for profiling of consumers that the gatekeeper applies to or across its core platform services identified pursuant to Article 3. This description shall be updated at least annually. The audited description, as well as any relevant material that is collected in the context of supervising the gatekeeper that relate to the processing of personal data, shall be shared by the Commission with the competent national data protection authorities, upon their request.
Amendment 694 #
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
Amendment 728 #
Proposal for a regulation
Article 21
Article 21
Amendment 763 #
Proposal for a regulation
Article 26 – paragraph 2 – point f
Article 26 – paragraph 2 – point f
Amendment 764 #
Proposal for a regulation
Article 26 – paragraph 2 – point g
Article 26 – paragraph 2 – point g
Amendment 768 #
Proposal for a regulation
Article 27 – paragraph 1 – point d
Article 27 – paragraph 1 – point d
Amendment 782 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. The information collected pursuant to Articles 3, 12, 13, 19, 20 and 21 shall be used only for the purposes of this Regulation. It shall always be possible to exchange any relevant information among the relevant European and national authorities in accordance with their respective mandate and public service mission.
Amendment 786 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The Commission shall be assisted by the Digital Markets Advisory Committee composed of representatives of the European Data Protection Board established in accordance with Article 68 of Regulation (EU) 2016/679 of the European Parliament and the Council, as well as by representatives of the competent authorities of the Member States for competition, electronic communications, audio-visual services, electoral oversight, and consumer protection. That Committee shall be a Committee within the meaning of Regulation (EU) No 182/2011.
Amendment 808 #
Proposal for a regulation
Article 36 – paragraph 1 – point g a (new)
Article 36 – paragraph 1 – point g a (new)
(g a) the practical arrangements and procedures to be adopted for the manner in which the Commission shall cooperate and work with the competent Member State authorities in the fulfilment of the functions set forth under Article 6, 7, 10, 16, 17, 24 and 25;