Activities of Felix REDA related to 2016/2276(INI)
Shadow reports (1)
REPORT on online platforms and the digital single market PDF (461 KB) DOC (84 KB)
Amendments (46)
Amendment 11 #
Draft opinion
Recital B
Recital B
B. whereas the emergence of platforms, by fostering the relationship between service providers and consumers, results in the shaping of both new and existing markets, which may at times have a disruptive effect on the economic value of such markets; considering that such disruptive effect on the market of intellectual property rights cannot justify the adoption of rules departing from the general framework applicable to intermediaries and to platforms;
Amendment 16 #
Motion for a resolution
Recital B
Recital B
B. whereas the evolving use of internet and mobile devices has created new business opportunities and, new business models, new possibilities for public discourse and new challenges on human rights;
Amendment 16 #
Draft opinion
Recital E
Recital E
E. whereas the liability regime laid down in the e-commerce directive is applicable to online service providers only under specific conditions, and cannot exempt them from their obligations and responsibilities related to their own activities; exempts hosting providers from liability for content if they do not have actual knowledge and control over illegal activity or information stored on their services, or act expeditiously to remove such information upon obtaining such knowledge;
Amendment 18 #
Draft opinion
Recital E a (new)
Recital E a (new)
Ea. whereas the limited liability of intermediaries is essential to the protection of the openness of the internet, fundamental rights, legal certainty and innovation;
Amendment 19 #
Draft opinion
Recital F
Recital F
Amendment 32 #
Motion for a resolution
Recital D
Recital D
D. whereas the e-Commerce Directive exempts intermediariehosting providers from liability for content only if they play a neutral, merely technical and passive role in reldo not have actual knowledge and control over illegal activity or information sto the hosted contentred on their services, or act expeditiously to remove such information upon obtaining such knowledge;
Amendment 40 #
Motion for a resolution
Recital E
Recital E
E. whereas numerous online platforms not only provide access to goods and services, but also play a more active role in relation to consumers and other actordisagreement exists over whether a definition of online platforms should only cover intermediaries or also information society services that actively provide access to goods and services;
Amendment 45 #
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for a regulatory framework that would guarantee loyalty and transparency towards business partners and consumers in relation to, inter alia, access to the service, appropriate and fair referencing, and the functioning of relevant application programming interfaces, on the basis of compliance principles applicable to platforms; recalls in this respect the importance of interoperability and free software to achieve transparency and fair competition;
Amendment 56 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
Amendment 57 #
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Considers that platform operators should provide the consumer with fair, clear and transparent information concerning: - the general terms and conditions of use of the service; and - the procedures for referencing, classifying and dereferencing content, goods or services online;
Amendment 58 #
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. When providing for an interface for businesses and consumers, the operator of the platform should provide businesses with a space enabling them to communicate to consumers all mandatory and necessary information relating to contracts concluded at a distance and to contracts for the supply of digital content, for example those relating to the right of withdrawal and the right to remedies;
Amendment 59 #
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Welcomes the Commission's announcement to maintain the existing intermediary liability regime enshrined in the e-commerce directive, which is vital for the development of European platforms; Calls on the Commission to come forward with a legislative proposal to clarify the procedures for notice-and- action applicable to platforms, which could enhance responsible behaviour and increase user confidence;
Amendment 62 #
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that when platforms con which a large volume of works are stored and made available to the public should conclude licence agreements with relevant right-holdersclude licence agreements with right- holders with respect to user-uploaded content, the implementation of such agreements shall respect the users' fundamental rights as well as their right to use copyright-protected works under an exception or limitation and shall in particular not convey an obligation upon the platform to monitor the information which they transmit or store, nor a general obligation actively to seek facts or circumstances indicating illegal activity;
Amendment 71 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Recognises that the provisions on intermediary liability in the e-Commerce Directive are future-proof and technologically neutral, as highlighted in the European Parliament resolution of 19 January 2016 on Towards a Digital Single Market Act (2015/2147(INI));
Amendment 74 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Acknowledges that online platforms benefit today’'s digital economy and society by increasing the choices available to users, consumers and businesses, creating and shaping new markets, and changing the fabric of society; points out, however, that online platforms present new social, policy, and regulatory challenges;
Amendment 74 #
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for greaterNotes the existing cooperation between platforms and right-holders in order to fight counterfeiting online, especially through application of the ‘follow the money’ approach; underlines that a regulatory framework based on a revised IPRED directive would be the appropriate means of ensuring a high level of cooperation from platformsensure proper clearance of rights, and to fight the infringement of intellectual property rights online, especially through application of the ‘follow the money’ approach, as outlined by the European Parliament resolution of 9 June 2015 on ‘Towards a renewed consensus on the enforcement of Intellectual Property Rights: An EU Action Plan’, based on the regulatory framework of the E-Commerce directive and IPRED directive.
Amendment 84 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recalls that, although many pieces of EU legislation apply to online platforms, it is frequently the case that they are not enforced properly or have not beenwe need more than an application of same texts, we need to make an effort to adapted to the online world and the societal changes it has brought;
Amendment 93 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. NotAcknowledges that there is currently nono easy consensus on the definition of online platforms due to the multitude of different types of platforms, which may lead to and the fast-pace innovation and change in the area, therefore calls for a technology-neutral approach and sector-specific regulation to avoid fragmentation of the EU’'s internal market;
Amendment 112 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that certain features often characterise online platforms, such as operating in multi-sided markets, enabling parties belonging to two or more distinct user groups to enter into direct contact by electronic means, offering online services based ontailored to user preferences and based on data provided by them, classification or referencing of content, goods or services proposed or put on-line by third parties, the bringing together of several parties with a view to the sale of a good, the provision of a service or the exchange or sharing of content, in particular information, goods or services;
Amendment 132 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that online platforms use the internet as a means of interaction andinfrastructure and sometimes act as facilitators between the demand and supply sidparties;
Amendment 134 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that online platformapplications take advantage of the enormous and ever- increasing number of mobile devices and so do the particular applications we in general identify as online platforms;
Amendment 140 #
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 151 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Draws attention to rapidly developing online platform markets, which offer a new outlet for products and services; recognises the global nature of online platform markets; points out that global online platform marketsmarkets and sees online platforms as a subset of these markets, capable to offer consumers a wide variety of choices and effective price competition and can be an enabler of eDemocracy and eGovernance;
Amendment 169 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recognises the benefits that online platforms offer for SMEs; notes that online platforms allow SMEs to access global markets without having to excessively investments in in building up costly digital infrastructure;
Amendment 174 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Commission to prioritise actions that allow European start-ups and new European online platforms to emerge and to scale up; stresses that facilitating investments in start-ups is vital to the development of online platforms in Europe;
Amendment 197 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that intermediary liability is one of the main concerns in the ongoing debate on online platforms;
Amendment 214 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes that certain stakeholders are dissatisfied with the current rules on liability and welcomes the Commission’s undertaking to publish guidelines on intermediary liabilityWelcomes the Commission's announcement to maintain the intermediary liability regime established in the e-Commerce Directive; calls on the Commission to draw attention to the differences between the online and offline world and to create a level playing field for comparable services onldifferent types of illegal or harmful content exchanged on online platforms when presenting a legislative proposal on notice and takedown procedures in order to provide legal certainty and create a level playing field for intermediaries in different Member States, taking into account the specificities of each domaine and offlinethe evolution of society;
Amendment 222 #
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 227 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Considers that the liability rules for online platforms should allow theonline platforms can best contribute to tackling of issues related to illegal and harmful content in an efficient manner, for instance by respecting the duty of if notice and takedown procedures are well defined; therefore urges the Commission to further clareify these procedures, while maintaining a balanced and business- innovation-friendly approach;
Amendment 245 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses the need for online platforms to prevent illegal and inappropriate content and unfair practices through regulatory, effective self-regulatory or hybrid measures; stresses the importance of online platforms playing a proactive role in tackling illegal and inappropriateat the limited liability of intermediaries is essential to the protection of fundamental rights, legal certainty, innovation, and finally the open internet; highlights that the e-Commerce Directive provides future-proof and technology-neutral provisions to counter illegal and harmful content, and taking immediate action to remove illegal or inappropriate content if such content slips through preventive monitorings well as unfair practices online; urges the Commission to continue to examine how existing legislation can be properly implemented and effectively enforced in order to tackle illegal and harmful content;
Amendment 263 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Considers that online platforms should develop more effective voluntary measures and technical means of, in compliance with the Charter of Fundamental Rights, online platforms should not act as privatised law enforcement; asks the Commission to develop adequate and reasonable measures to identifying and eliminatingremove harmful content;
Amendment 281 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Urges the Commission to ensure a level playing field for online platforms, including the B2B perspective and other services with which they compete; stresses that regulatory certainty is essential to creating a thriving digital economy; notes that competitive pressures vary between different sectors and therefore ‘'one-size- fits-all’' solutions are rarely appropriate;
Amendment 312 #
Motion for a resolution
Paragraph 27
Paragraph 27
27. Underlines the importance of investments in infrastructure; stresses that reliable high-speed networks are the precondition of offering and using online platform services; stresses the need for net neutrality and fair and non-discriminatory access tos a prerequisite for innovation and a truly competitive market of online platforms;
Amendment 319 #
Motion for a resolution
Paragraph 28
Paragraph 28
28. Underlines that the Internet of the future cannot succeed without users’' trust in online platforms, greater transparency, better controla level playing field, better control of citizens over data acquired from them, of ranking systems and advertising, and online platforms respecting all applicable legislation;
Amendment 330 #
Motion for a resolution
Paragraph 29
Paragraph 29
29. Stresses the importance of transparency in relation to data collection and considers that online platforms must respond to users’' concerns by duely requesting their consent and informing them more effectively about what personal data is collected and, how it is shared and used, while retaining the possibility to withdraw their consent to individual provisions without forfeiting their complete access to a service;
Amendment 343 #
Motion for a resolution
Paragraph 30
Paragraph 30
30. Underlines that the cross-border nature of online platforms represents a huge advantage in developing the Digital Single Market, but also requires bettertherefore welcomes improvements to the cooperation between national publicconsumer protection authorities; asks the Commission to make better use of existing consumer protection services, which could provide identical and efficient consumer protection in relation to online platforms activities;
Amendment 351 #
Motion for a resolution
Paragraph 31
Paragraph 31
31. Encourages online platforms to provide clear, comprehensive and, user- friendly ways of presenting the, and fair terms and conditions in order to enhance consumer protection and bolster trust;
Amendment 355 #
Motion for a resolution
Paragraph 32
Paragraph 32
32. Calls for an assessment of current legislation and self-regulation mechanisms to determine whether they provide adequate protection to users, consumers and businesses against the backdrop of the increasing number of complaints against and investigations opened by the Commission into several platforms;
Amendment 372 #
Motion for a resolution
Paragraph 34
Paragraph 34
34. Calls on the Commission to assess the need for and the principles in relation to criteria, which could set the conditions under which online platforms may be made subject to further monitoringarket surveillance and assisted in order for them to comply with existing obligations and guidelines in a timely manner, in particular in the realm of consumer protection, paying special attention to respecting the proportionality principle and fundamental rights;
Amendment 377 #
Motion for a resolution
Paragraph 35
Paragraph 35
Amendment 400 #
Motion for a resolution
Paragraph 37
Paragraph 37
Amendment 441 #
Motion for a resolution
Paragraph 43
Paragraph 43
43. Points to the differences in the legal landscape in the 28 Member States and the specificities of the digital sector in which the physical presence of a company in the country of the market is often not needed and calls on the Member States to adjust the value-added tax (VAT) system according to the country-of-destination principle7 ; _________________ 7European Parliament resolution of 24 November 2016 on towards a definitive VAT system and fighting VAT fraud, P8_TA(2016)0453.undertake measures for further tax harmonisation;
Amendment 452 #
Motion for a resolution
Paragraph 44
Paragraph 44
44. Regrets that the EU’s presence in the world market is barely felt, in particular due to the current fragmentation of the digital market, legal uncertainty and the lack of financing and capacity to market technological innovations, which make it difficult for European companies to become world leaderspete with players throughout the rest of the world in this new economy;
Amendment 454 #
Motion for a resolution
Paragraph 44 a (new)
Paragraph 44 a (new)
44 a. Calls on the Commission to propose a targeted legislative framework for B2B relations based on principles of consumer welfare, promoting competition and innovation, prevent abuses of market power and ensure that platforms that serve as a gateway to a downstream market do not become gatekeepers; such legislation should be technology neutral and capable of addressing existing and foreseeable risks;
Amendment 455 #
Motion for a resolution
Paragraph 44 b (new)
Paragraph 44 b (new)
44 b. Welcomes the Commission's announcement to explore options to increase the re-use of machine-generated data such as fostering the development of technical solutions for reliable identification and exchange of data, default contract rules coupled with introducing an unfairness control in B2B contractual relationships or data access for public interest and scientific purposes; however warns against the introduction of a "data producer" right to use and authorise the use of non-personal data, which would create additional and unnecessary barriers to the re-use of data and significantly raise transaction costs;
Amendment 457 #
Motion for a resolution
Paragraph 45
Paragraph 45
45. Calls for the European institutions to ensure a level playing field betweenpromote fair competition and the respect of users' rights among European and non-European operators, in respect of taxation and similar questions, for example;