21 Amendments of Jadwiga WIŚNIEWSKA related to 2020/0374(COD)
Amendment 71 #
Proposal for a regulation
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4 a. This Regulation complements and is without prejudice to Regulation (EU) 2016/679 and Directive 2002/58/EC.
Amendment 88 #
Proposal for a regulation
Article 2 – paragraph 1 – point 23 a (new)
Article 2 – paragraph 1 – point 23 a (new)
(23 a) ‘Profiling’ means profiling as defined in Article 4(4) of Regulation (EU) 2016/679;
Amendment 91 #
Proposal for a regulation
Article 2 – paragraph 1 – point 23 b (new)
Article 2 – paragraph 1 – point 23 b (new)
(23 b) ‘Consent’ of the data subject means consent as defined in Article 4(11) of Regulation (EU) 2016/679;
Amendment 95 #
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. A provider of core platform servicesn undertaking shall be designated as gatekeeper if:
Amendment 97 #
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) it operatprovides a core platform service which serves as an important gateway for business users to reach end users; and
Amendment 99 #
Proposal for a regulation
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. A provider of core platform servicesn undertaking shall be presumed to satisfy:
Amendment 110 #
Proposal for a regulation
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. The Commission shall regularly, and at least every 2 years, review whether the designated gatekeepers continue to satisfy the requirements laid down in Article 3(1), or whether new providers of core platform services satisfy those requirements. The regular review shall also examine whether the list of affected core platform services of the gatekeeper which individually serve as an important gateway for business users to reach end users as referred to in Article 3(1)(b) needs to be adjusted.
Amendment 111 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
Where the Commission, on the basis of thate review pursuant to the first subparagraph, finds that the facts on which the designation of the providers ofundertaking providing core platform services as gatekeepers was based, have changed, it shall adopt a corresponding decisiondecision in accordance with the advisory procedure referred to in Article 37a(2), confirming, amending or repealing its previous decision designating the undertaking providing core platforms services as a gatekeeper.
Amendment 114 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) refrain from combining personal data sourced from theseany of its core platform services with personal data from any other core platform service or 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 Article 6(1)(a) of Regulation (EU) 2016/679. The gatekeeper may rely on the legal basis included under Article 6(1)(c), (d) and(e) of Regulation (EU) 2016/679, where applicable;
Amendment 121 #
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) refrain from preventing or restricting business users from raising issues with any relevant public authority, including national courts relating to any practice of gatekeepers;
Amendment 123 #
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) refrain from requiring business users to use,or end users to use, and in the case of business users, also to offer or interoperate with, an identification service of the gatekeeper in the context of services offered by the business users using the core platform services of that gatekeeper;
Amendment 140 #
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 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 145 #
Proposal for a regulation
Article 6 – paragraph 1 – point f
Article 6 – paragraph 1 – point f
(f) allow business users and providers of ancillary services access to and interoperability with the same operating system, hardware or software features that are available or used in the provision by the gatekeeper of any ancillary services. The gatekeeper shall not be prevented from taking necessary and proportionate measures to ensure that third party ancillary services do not endanger the integrity of the operating system, hardware or software features provided by the gatekeeper, provided that such proportionate measures are duly justified by the gatekeeper;
Amendment 158 #
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, continuous and real-time access and use of aggregated or non-aggregated data, including personal data, that is provided for or generated in the context of the use of the relevant core platform services by those business users and the end users engaging with the products or services provided by those business users; for personal data, provide access and use only where the data are directly connected with the use effectuated by the end user in respect of the products or services offered by 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 theArticle 6 of Regulation (EU) 2016/679; ;
Amendment 162 #
Proposal for a regulation
Article 6 – paragraph 1 – point j
Article 6 – paragraph 1 – point j
(j) provide to any third party providers of online search engines, upon their request, with access on fair, reasonable and non-discriminatory terms to ranking, query, click and view data in relation to free and paid search generated by end users on online search engines of the gatekeeper, subject to anonymisation for the query, click and view data that constitutes personal data. The relevant data is anonymized if personal data is irreversibly altered in such a way that information does not relate to an identified or identifiable natural person or personal data rendered anonymous in such a manner that the data subject is not or no longer identifiable;
Amendment 169 #
Proposal for a regulation
Article 6 – paragraph 1 – point k a (new)
Article 6 – paragraph 1 – point k a (new)
(k a) refrain from making unsubscribing from a core platform service unnecessarily difficult or complicated for business users or end users
Amendment 174 #
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
7. A gatekeeper may request the opening of proceedings pursuant to Article 18 for the Commission to determine whether the measures that the gatekeeper intends to implement or has implemented under Article 6 are effective in achieving the objective of the relevant obligation in the specific circumstances. A gatekeeper mayshall, with its request, provide a reasoned submission to explain in particular why the measures that it intends to implement or has implemented are effective in achieving the objective of the relevant obligation in the specific circumstances. . The Commission may open proceedings pursuant to Article 18 and by decision adopted in accordance with the advisory procedure referred to in Article 37a(2) specify the measures that the gatekeeper concerned shall implement. The Commission shall adopt a decision pursuant to this provision within six months from the opening of proceedings pursuant to Article 18.
Amendment 186 #
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 consumend users that the gatekeeper applies to or across its core platform services identified pursuant to Article 3. This descriptione gatekeeper makes publicly available an overview of the audited description taking into account the limitations imposed by the requirements of business secrecy. The description and its publicly available overview shall be updated at least annually.
Amendment 209 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. When threewo or more Member States request the Commission to open an investigation pursuant to Article 15 because they consider that there are reasonable grounds to suspect that a provider of core platform services should be designated as a gatekeeper, the Commission shall within four months examine whether there are reasonable grounds to open such an investigation.
Amendment 210 #
Proposal for a regulation
Article 33 – paragraph 1 a (new)
Article 33 – paragraph 1 a (new)
1 a. When two or more Member States request the Commission to open an investigation pursuant to Article 16 because they consider that there are reasonable grounds to suspect that a gatekeeper has systematically infringed the obligations laid down in Articles 5 and 6 and has further strengthened or extended its gatekeeper position in relation to the characteristics under Article 3(1), the Commission shall within four months examine whether there are reasonable grounds to open such an investigation and the result of such examination shall be published.
Amendment 212 #
Proposal for a regulation
Article 33 – paragraph 1 b (new)
Article 33 – paragraph 1 b (new)
1 b. 1b. When two or more Member States request the Commission to open an investigation pursuant to Article 17 because they consider that one or more services within the digital sector should be added to the list of core platform services pursuant to Article 2(2) or that there are reasonable grounds to suspect that one or several types of practices are not effectively addressed by this Regulation and may limit the contestability of core platform services or may be unfair, the Commission shall within four months examine whether there are reasonable grounds to open such an investigation and the result of such examination should be published.