46 Amendments of Brando BENIFEI related to 2020/2018(INL)
Amendment 3 #
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
- having regard to the Commission recommendation (EU) 2018/334 of 1 March 2018 on measures to effectively tackle illegal content online,1a __________________ 1a OJ L 63, 6.3.2018, p. 50
Amendment 10 #
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
- having regard to the opinion of the Committee of the Regions (ECON- VI/048) from 5 December 2019 on “a European framework for regulatory responses to the collaborative economy”,
Amendment 11 #
Motion for a resolution
Citation 6 b (new)
Citation 6 b (new)
- having regard to the opinion of the Committee of the Regions (SEDEC- VI/051) from 5 December 2019 on “platform work –local and regional regulatory challenges”,
Amendment 14 #
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market,1a __________________ 1a OJ L 376, 27.12.2006, p. 36–68
Amendment 16 #
Motion for a resolution
Citation 7 b (new)
Citation 7 b (new)
- having regard to the Report of April 2019 conducted by the Joint Research Centre of the European Commission on “The future of Cities”,
Amendment 20 #
Motion for a resolution
Recital A
Recital A
A. whereas e-commerce influences the everyday lives of people, workers, businesses and consumers in the Union, and when operated in a fair and regulated level playing field, may contribute positively to unlocking the potential of the Digital Single Market, enhance consumer trust and provide newcomers, and in particular micro, small and medium enterprises, with new market opportunities for sustainable growth and jobs;
Amendment 45 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas services provided by online platforms at no monetary cost to consumers are nevertheless ultimately funded through online advertising designed to maximise the amount of user attention dedicated to the platform and to keep users as much time as possible on the platform itself; whereas there is a need to depart from the current purely “advertisement-centric” model to an approach where the focus is on the interest of citizens in accessing and sharing of high quality contents, the interest of consumers to broaden their choices and opportunities, and the interest of advertisers in broadening their audience and customer base;
Amendment 109 #
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Invites the Commission to thoroughly examine the clarity and consistency of the existing legal framework applying to online sales in order to identify possible gaps and contradictions; highlights that the goal of the DSA should be to stimulate sustainable growth and online sales across the Single Market, while guaranteeing a high level of consumer protection;
Amendment 113 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Takes the view that a level playing field in the internal market between the platform economy and the "traditional" offline economy, based on the same rights and obligations for all interested parties - consumers and businesses - is needed; considers that social protection and the full access to and respect of fundamental and social rights ofor all workers, especially of platform or collaborative economy workers should be properly addressed in a specific instrument, accompanying should be ensured, especially of non-standard workers, including platform or collaborative economy workers; considers necessary that these conditions and the obligations of digital labour platforms as employers be properly addressed and guaranteed in a specific binding legal instrument, to be presented at the same time of the future regulatory framework; of the Digital Services Act;
Amendment 128 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. The legal instrument should end the misclassification of workers that deprives them of their rights, a worker should be presumed to be employed until proven otherwise; it should also ensure fair working conditions, health and safety at the workplace and full social protection for non-standard workers; the rights to bargain collectively and to take collective action must not be restricted and collective agreements covering non- standard workers and platform workers (including the self-employed) should be considered to fall outside the scope of Article 101 TFEU;
Amendment 153 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses the importance of maintaining the horizontal approach of the E-Commerce Directive; acknowledges , however, that a one-size-fits-all solution to all types of illegal activities or hosting providers would not be appropriate; recommends distinguishing between commercial and non-commercial activities, and between different type of digital services hosted by platforms rather than focusing too much on the type of the platform;
Amendment 186 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that the Digital Services Act should achieve the right balance between the internal market freedoms andensure the full respect of the fundamental rights and principles set out in the Charter of Fundamental Rights of the European Union, including the rights for workers in digital labour platforms to information and consultation within the fundamental rights and principles set out in theertaking, of collective bargaining and action and of fair and just working conditions, the European Social Charter, the Community Charter of Fundamental Social Rights of the European UnWorkers, the relevant international human right instruments, including ILO Conventions;
Amendment 202 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that the COVID-19 pandemic has shown how vulnerable EU consumers are to misleading trading practices by dishonest traders selling fake or illegalcounterfeit or unsafe products online that are not compliant with Union safety rules or imposing unjustified and abusive price increases or other unfair conditions on consumers;
Amendment 238 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on the Commission to require that where a certain qualification is required to provide a service, the possession of such a qualification has to be clearly disclosed in each online offer in order to avoid deceptive or misleading information to consumers;
Amendment 243 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission to introduce enforceable obligations on internformation society services providers aimed at increasing transparency and, information and accountability; considers that these obligations should be enforced by appropriate, effective and dissuasive penalties;
Amendment 280 #
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Deems necessary to ensure an approach based on social dialogue and effective information and consultation of workers in introducing and monitoring AI technologies and solutions, in particular with regard to the use of algorithms; the ‘human in command principle’ must be respected, inter alia, to prevent the rise of health and safety risks, alienating tasks, discrimination, undue surveillance, and abuses in management and HR processes;
Amendment 333 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Considers that voluntary actions and self-regulation by online platforms across Europe have brought some benefits, but strong additional measures are needed in order to ensure the swift detection and removal of illegal content online; stresses that voluntary actions and self-regulation by online platforms are not the appropriate way to find a solution for a fair level playing field;
Amendment 365 #
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
Amendment 384 #
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Emphasises its scepticism about the introduction of “good Samaritan” provisions to exempt providers from liability when acting in “good faith” as this would encourage platforms to decide on what should be allowed or not and would risk reinforcing impunity, creating obstacles for enforcement; considers that the import of US law provisions are not fit-for-purpose in Union law;
Amendment 396 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Notes that while online platforms, such as online market places, have benefited both retailers and consumers by improving choice and lowering prices, at the same time, they have allowed sellers, in particular from third countries, to offer products which often do not comply with Union rules on product safety or are counterfeit and do not sufficiently guarantee consumer rights;
Amendment 404 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. SCalls on the Commission to address issues related to online marketplaces in the Digital Services Act and asks for a thorough analysis of the interaction between the Digital Services Act and the Union product safety and chemicals legislation; stresses that it is unacceptable that Union consumers are exposed to illegal and unsafe products, containing dangerous chemicals, as well as other safety hazards;
Amendment 410 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Stresses that it is unacceptable that Union consumers are exposed to illegal, counterfeit and unsafe products, containing dangerous chemicals, as well as other safety hazards;
Amendment 416 #
Motion for a resolution
Paragraph 26
Paragraph 26
26. CStresses the importance of the rules of the Regulation (EU) 2019/1020 on market surveillance and compliance of products about liability and conformity of products imported from third countries; calls on the Commission to remedy the current further legal loophole which allows suppliers established outside the Union to sell products online to European consumers which do not comply with Union rules on safety and consumer protection, without being sanctioned or liable for their actions and leaving consumers with no legal means to enforce their rights or being compensated by any damages;
Amendment 468 #
Motion for a resolution
Paragraph 29
Paragraph 29
29. Believes that, in view of the cross- border nature of digital services, effective supervision and cooperation between Member States is key to ensuring the proper enforcement of the Digital Services Act; believes that the development of interoperable systems for data sharing can be a valuable tool for strengthening the supervision and enforcement of the Digital Services Act, building mutually beneficial cooperation;
Amendment 500 #
Motion for a resolution
Paragraph 32
Paragraph 32
32. Calls on the Commission to strengthen and modernise the current provisions on out-of-court settlement andexisting Union framework for out-of-court settlement under the E-Commerce Directive, taking into account developments under Directive 2013/11/EU, as well as court actions to allow for an effective enforcement and consumer redress;
Amendment 505 #
Motion for a resolution
Annex I – part I – paragraph 1
Annex I – part I – paragraph 1
The Digital Services Act should contribute to the strengthening of the internal market by ensuring the free movement of digital services and the freedom to conduct a business, while at the same time guaranteeing a high level of consumer protection, including the improvement of users’ safety online;
Amendment 591 #
Motion for a resolution
Annex I – part III – paragraph 1 – indent 5
Annex I – part III – paragraph 1 – indent 5
- define “systemic operator” by establishing a set of clear economic indicators that allow regulatory authorities to identify platforms with a “gatekeeper” role playing a systemic role in the online economy; such indicators could include considerations such as whether the undertaking is active to a significant extent on multi-sided markets, the size of its network (number of users), and the presence of network effects; barriers to entry, its financial strength, and ability to access to data,; vertical integration, and its role as an unavoidable partner and the importance of its activity for third parties’ access to supply and markets, etc.
Amendment 597 #
Motion for a resolution
Annex I – part III – paragraph 1 – indent 5
Annex I – part III – paragraph 1 – indent 5
- define “systemic operator” by establishing a set of clear economic indicators that allow regulatory authorities to identify platforms with a “gatekeeper” role playing a systemic role in the online economy; such indicators could include considerations such as whether the undertaking is active to a significant extent on multi-sided markets, the size of its network (number of users), its financial strength, access to data, vertical integration, the importance of its activity for third parties’ access to supply and markets, etc.
Amendment 610 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 1
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 1
- the information requirements in Article 5 of the E-Commerce Directive should be reinforced and the “Know Your Business Customer” principle limited to the direct commercial relationships of the hosting provider should be introduced; serviceshosting providers should verify the identity of their business partners, including their company registration number or any equivalent means of identification including, if necessary, the verified national identity of their ultimate beneficial owner; that information should be accurate and up-to- date, and service providers should not be allowed to provide their services when the identity of their business customer is false, misleading or otherwise invalid;
Amendment 620 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 2 a (new)
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 2 a (new)
- The provisions of Article 5 of the E-Commerce Directive should be further modernised by requiring traders to provide consumers with direct and efficient means of communication such as electronic contact forms, chatbots, instant messaging or telephone callback, provided that the information relating to those means of communication is accessible to consumers in a clear and comprehensible manner.
Amendment 642 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 3 – indent 2
Annex I – part IV – paragraph 1 – subheading 3 – indent 2
- Building upon Article 6 of the E- Commerce Directive, the new measures should establish a new framework for Platform to Consumer relations on meaningful transparency and accountability provisions regarding online advertising, digital nudging and preferential treatment; paid advertisements or paid placement in a ranking of search results should be identified in a clear, concise, and intelligible manner; those measures should: - enable consumers with an option not to be tracked or (micro)-targeted and to opt- in for the use of behavioural data for advertising purposes, as well as an opt-in option for political advertising and ads; - provide consumers with access to their dynamic marketing profiles, so that they are informed on whether and for what purposes they are tracked and if the information they receive is for advertising purposes; - guarantee the right for consumers to contest any decision that undermines their interests including through collective redress mechanisms; - ensure that paid advertisements or paid placement in a ranking of search results should be identified in a clear, concise, and intelligible manner; - specify the grounds on which service providers and traders cannot discriminate and provide guidance on what practices count as aggressive advertising whilst encouraging consumer-friendly AI- technologies; - provide access to advertising delivery data in proper formats to verify the exposure of advertisers, the performance of paid vs unpaid advertising and the compliance with minimal diversification requirements.
Amendment 653 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 3 – indent 4
Annex I – part IV – paragraph 1 – subheading 3 – indent 4
- Article 7 of the E-Commerce Directive should be revised in order to protect consumers from unsolicited commercial communications online. and to regulate more strictly the use of targeted advertising online;
Amendment 668 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3
Annex I – part IV – paragraph 1 – subheading 4 – indent 3
- establish the principle of safety and security by default; as well as diversity “by- design”.
Amendment 670 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 a (new)
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 a (new)
- develop a European framework on artificial intelligence in the area of ecommerce and digital services based on fairness, accuracy, confidentiality and transparency.
Amendment 673 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 b (new)
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 b (new)
- with regard to accountability of algorithms used for targeted advertising, introduce fairness criteria for ad optimisation, and allow for external audits and verification of algorithmic design choices that involve information about individuals.
Amendment 675 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 c (new)
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 c (new)
- ascertain effective and efficient rights, institutions and procedures for AI developers to certify the reliability of their models and to properly address and exploit the impact of upcoming technological developments.
Amendment 677 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 d (new)
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 d (new)
- ensure an approach social dialogue and effective information and consultation of workers before introducing AI technologies and solutions which have impacts on working and employment conditions, in particular with regard to the use of algorithms;
Amendment 679 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 e (new)
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 e (new)
- guarantee the respect of the ‘human in command principle and ensure the protection of data and privacy of workers at work, reinforcing the GDPR rules at the workplace;
Amendment 785 #
Motion for a resolution
Annex I – part V – paragraph 3 – indent 5 a (new)
Annex I – part V – paragraph 3 – indent 5 a (new)
- the measures they adopt with regards to repeated infringers to ensure that the measures are effective in tackling such systemic abusive behaviour.
Amendment 786 #
Motion for a resolution
Annex I – part V – paragraph 3 – indent 5 a (new)
Annex I – part V – paragraph 3 – indent 5 a (new)
- the number of products that have been found to be counterfeit or illegal and have been removed from online platforms.
Amendment 817 #
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 4 a (new)
Annex I – part VI – paragraph 2 – indent 4 a (new)
- oblige online market places to display the possession of a qualification where a service provision requires the existence of a certain qualification to avoid misleading or deceptive information to consumers;
Amendment 821 #
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 5
Annex I – part VI – paragraph 2 – indent 5
- once products have been identified as unsafe and/or counterfeit by the Union’s rapid alert systems or by consumer protection authorities, it should be compulsory to remove products from the marketplace within 24 hours and measures should be taken to prevent their reappearance on the marketplace;
Amendment 828 #
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 6
Annex I – part VI – paragraph 2 – indent 6
- oblige online marketplaces to inform consumers of any safety issues and of any action required to ensure that recalls are carried out effectively; online marketplaces must inform consumers if a product they have previously bought has been removed because it was not compliant;
Amendment 830 #
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 6
Annex I – part VI – paragraph 2 – indent 6
- oblige online marketplaces to inform consumers of any safety issues and of any action required to ensure that recalls are carried out effectively; be consistent with and complementary to a reform of the General Product Safety Directive;
Amendment 843 #
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 9
Annex I – part VI – paragraph 2 – indent 9
- explore expanding the commitment made by some e-commerce retailers and the Commission to respectively remove dangerous or counterfeit products from sale more rapidly under the voluntary commitment schemes called “Product Safety Pledge” and "Memorandum of Understanding on the sale of counterfeit goods via the internet" and indicate which of those commitments could become mandatory.
Amendment 871 #
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 3
Annex I – part VII – paragraph 2 – indent 3
- clarify that some regulatory remedies should be imposed on all ”systemic platforms” without the need for a decision by a regulatory authority, such as transparency in the way the dominant platforms conduct business: in particular how they collect or use data, prohibition for “systemic platforms” to engage in self- preferencing or in any practices aimed at making it more difficult for consumers to switch suppliers, or other forms of discrimination that exclude or disadvantage other businesses; , prohibition on asymmetric business terms;