10 Amendments of Pina PICIERNO related to 2018/0112(COD)
Amendment 81 #
Proposal for a regulation
Recital 5
Recital 5
(5) Online intermediation services and online search engines, as well as the commercial transactions facilitated by those services, have an intrinsic cross- border potential and are of particular importance for the proper functioning of the Union’s internal market in today’s economy. The potentially unfair and harmful trading practices of certain providers of those services in respect of business users and corporate website users hamper the full realisation of that potential and negatively affect the proper functioning of the internal market. In addition, the full realisation of that potential is hampered, and the proper functioning of the internal market is negatively affected, by diverging laws of certain Member States which, with a varying degree of effectiveness, regulate those services, while other Member States are considering adopting such laws.
Amendment 171 #
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) Providers of online search engines often allow the ranking of search results to be influenced against forms of remuneration paid by corporate website users. Clear details regarding such practice should be made publicly available for corporate website users and consumers to understand the effects of remuneration on ranking. Nevertheless, search results whose placement in the ranking has been influenced by forms of payment should be clearly flagged, making them easily distinguishable from other search results where remuneration was not paid.
Amendment 191 #
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20a) Business users should be able to transfer their online reputation, such as ratings and reviews accumulated with one provider of online intermediation services, to alternative providers of similar services with a comparable system of online reputation. The portability of business users’ reputation will enable for greater competition between providers, giving access to a wider choice to both business users and consumers alike.
Amendment 192 #
Proposal for a regulation
Recital 21
Recital 21
(21) Providers of online intermediation services might in certain casesoften restrict in the terms and conditions the ability of business users to offer goods or services to consumers under more favourable conditions through other means than through those online intermediation services. In those cases, the providers concerned should set out the grounds for doing so, in particular with reference to the main economic, commercial or legal considerations for the restrictions. This transparency obligation should however not be understood as affecting the assessment of the legality of such restrictions under oCertain Member States already prohibit such practices, as they unfairly limit the freedom of business users to set the conditions of sale of their own products and services, and may also harm consumers by restricting their acts of Union law or the law of Member States in accordance with Union law, including in the areas of competitchoice. Thus, this Regulation should prohibit such clauses in the European Union, and unfair commercial practices, and the application of such lawhence harmonise the legal framework of Member States.
Amendment 411 #
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 and the reasons for the relative importance of those main parameters as opposed to other parameters, 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.
Amendment 415 #
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Individual parameters determining ranking shall be applied in a non- discriminatory manner.
Amendment 416 #
Proposal for a regulation
Article 5 – paragraph 2 b (new)
Article 5 – paragraph 2 b (new)
2b. Where those main parameters include the possibility to influence ranking against any direct or indirect remuneration paid by corporate website users to the provider of online search engine concerned, that provider of online search engine shall also include in its terms and conditions a description of those possibilities and of the effects of such remuneration on ranking. In any case, providers of online search engines shall not influence ranking of search results against any direct or indirect remuneration paid by corporate website users, unless they mark search results where remuneration was paid in a clearly identifiable manner.
Amendment 518 #
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. Business users shall have the right to receive ratings, reviews or any other data concerning themselves that they have accumulated on online intermediation services, regardless of whether they have provided such data to the provider of online intermediation services, in a structured, commonly used and machine- readable format. They shall have the right to transfer such data to another provider of similar online intermediation services with a comparable system of ratings and reviews. Where technically feasible, business users shall have the right to have such data transmitted directly from one provider of online intermediation services to another.
Amendment 532 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Where, in the provision of their services, pProviders of online intermediation services shall not restrict the ability of business users to offer the same goods and services to consumers under different conditions through other means than through those services, they shall include grounds for that restriction in their terms and conditions and make those grounds easily available to the public. Those grounds shall include the main economic, commercial or legal considerations for those restrictions.
Amendment 541 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2