Activities of József NAGY related to 2016/0288(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council establishing the European Electronic Communications Code (Recast)
Amendments (9)
Amendment 31 #
Proposal for a directive
Recital 16
Recital 16
(16) In order to fall within the scope of the definition of electronic communications service, a service needs to be provided normally in exchange for remuneration. In the digital economy, market participants increasingly consider information about users as having a monetary value. Electronic communications services are often supplied to the end-user against counter- performance other than money, for instance by giving access toin particular against the provision of personal data or other data. The concept of remuneration should therefore encompass situations where the provider of a service requests and the end-user activeconsciously provides personal data, such as name or email address, as defined in Article 4(1) of Regulation (EU) 2016/679 or other data directly or indirectly to the provider. It should also encompass situations where the provider collectsend-user allows access to information without the end-user actively supplying it, such as personal data, including the IP address, or other automatically generated information, such as information collected and transmitted by a cookie). In line with the jurisprudence of the Court of Justice of the European Union on Article 57 TFEU24 , remuneration exists within the meaning of the Treaty also if the service provider is paid by a third party and not by the service recipient. The concept of remuneration should therefore also encompass situations where the end-user is exposed to advertisements as a condition for gaining access to the service, or situations where the service provider monetises personal data it has collected. _________________ 24 Case C-352/85 Bond van Adverteerders and Others vs The Netherlands State, EU:C:1988:196.
Amendment 38 #
Proposal for a directive
Recital 227
Recital 227
(227) Considering the particular aspects related to reporting missing children, Member States should maintain their commitment to ensure that a well- functioning and child-friendly service for reporting missing children is actually available in their territories under the number ‘116000’, also a helpline for children in need of care and protection under the number '116111'.
Amendment 39 #
Proposal for a directive
Recital 227 a (new)
Recital 227 a (new)
(227 a) It is often the case that while citizens are travelling between Member States they need to call or use a helpline or a hotline operated in their home country, which is not possible today. Citizens should have access to their home helplines and hotlines by adding the country code to deal with urgent challenges or in need to mediate help to anyone in their home Member State when the services operated in the host Member State cannot provide effective help for geographic or linguistic reasons.
Amendment 55 #
Proposal for a directive
Article 90 – title
Article 90 – title
The missing children hotline numberand child helpline hotlines
Amendment 56 #
Proposal for a directive
Article 90 – paragraph 1
Article 90 – paragraph 1
1. Member States shall ensure that citizens have access to a service operating a hotline to report cases of missing children hotline. The hotline shall be child-friendly, available on the number ‘'116000’'.
Amendment 57 #
Proposal for a directive
Article 90 – paragraph 1 a (new)
Article 90 – paragraph 1 a (new)
1 a. Member States shall ensure that children have access to child-friendly service operating a helpline. The helpline shall be available on the number '116111'.
Amendment 58 #
Proposal for a directive
Article 90 – paragraph 1 b (new)
Article 90 – paragraph 1 b (new)
1 b. Member States shall ensure that citizens are informed about the existence and how to access the services provided under the numbers '116000' and '116111' to the greatest extent possible.
Amendment 59 #
Proposal for a directive
Article 90 – paragraph 2
Article 90 – paragraph 2
2. Member States shall ensure that children and disabled end-users are informed of the existence and use of and able to access services provided under the numbers ‘116000’ and 116111 to the greatest extent possible. Measures taken to facilitate disablebroad end- users' access to such services also whilst travelling in other Member States shall be based on compliance with relevant standards or specifications published in accordance with Article 39.
Amendment 60 #
Proposal for a directive
Article 90 – paragraph 2 a (new)
Article 90 – paragraph 2 a (new)
2 a. Member States shall ensure that citizens have access to hotlines and helplines operated in their home Member State by adding the country code while they are travelling between Member States.