16 Amendments of Jonás FERNÁNDEZ related to 2020/0361(COD)
Amendment 131 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) The digitalisation of European society and its economy is often leaving policy makers, corporations and citizens struggling to catch up. Furthermore, the accumulation of data is regularly creating an uneven competitive level on the market since this is being used as a tool to determine who enters and who exits the market.
Amendment 137 #
Proposal for a regulation
Recital 4
Recital 4
(4) Therefore, in order to safeguard and improve the functioning of the internal market, a targeted set of uniform, effective, risk-based and proportionate mandatory rules should be established at Union level. This Regulation provides the right conditions and competitive settings for innovative digital services to emerge and to scale up in the internal market. The approximation of national regulatory measures at Union level concerning the requirements for providers of intermediary services is necessary in order to avoid and put an end to fragmentation of the internal market and to ensure legal certainty, thus reducing uncertainty for developers and, fostering interoperability and assure the possibility for new entries to penetrate the market. By using requirements that are technology neutral, innovation should not be hampered but instead be stimulated.
Amendment 199 #
Proposal for a regulation
Recital 35
Recital 35
(35) In that regard, it is important that the due diligence obligations are adapted to the type and nature of the intermediary service concerned. This Regulation therefore sets out basic obligations applicable to all providers of intermediary services, as well as additional obligations for providers of hosting services and, more specifically, online platforms holding a dominant position in the market and very large online platforms. To the extent that providers of intermediary services may fall within those different categories in view of the nature of their services and their size, they should be obliged to comply with all of the corresponding obligations of this Regulation. Those harmonised due diligence obligations, which should be reasonable and non-arbitrary, are needed to achieve the identified public policy concerns, such as safeguarding the legitimate interests of the recipients of the service, addressing illegal practices, safeguarding the competitive nature of the sector by assuring the possibility for new entrants to penetrate the market, and protecting fundamental rights online.
Amendment 257 #
Proposal for a regulation
Recital 60 a (new)
Recital 60 a (new)
(60a) Auditors of digital services, whether independent or not, need to have specific competences and expertise in the sector, technological and operational. They need as well to be knowledgeable in the social, economic and human rights issues involved, among others. Whether as SMEs or multinationals, extensions of existing accountancy and auditing, legal, and ICT consultancy or similar firms cannot be automatically assumed to have the required knowhow to qualify as auditors. Member States and the Commission are therefore (encouraged) to develop protocols -- following consultation with all actors involved -- by which to assess and accredit auditors of digital services, preferably according to clear rules devised on a Union basis, and thereby to establish registers of accredited auditors on a national and on a European level.
Amendment 261 #
Proposal for a regulation
Recital 63
Recital 63
(63) Advertising systems used by very large online platforms pose particular risks not least at both economic and political levels, and require further public and regulatory supervision on account of their scale and ability to target and reach recipients of the service based on their behaviour within and outside that platform’s online interface. VIn particular, the accumulation of personal data by online platforms is converted into massive commercial assets often used as a way to give an uneven advantage to certain economic players over others. Therefore, very large online platforms should ensure public access to repositories of advertisements displayed on their online interfaces to facilitate supervision and research into emerging risks brought about by the distribution of advertising online, for example in relation to illegal advertisements or manipulative techniques and disinformation with a real and foreseeable negative impact on public health, public security, civil discourse, political participation and equality. Repositories should include the content of advertisements and related data on the advertiser and the delivery of the advertisement, in particular where targeted advertising is concerned.
Amendment 282 #
Proposal for a regulation
Recital 77
Recital 77
(77) Member States should provide the Digital Services Coordinator, and any other competent authority designated under this Regulation, with sufficient powers and, human resources and financial means to ensure effective investigation and enforcement. Digital Services Coordinators should in particular be able to search for and obtain information which is located in its territory, including in the context of joint investigations, with due regard to the fact that oversight and enforcement measures concerning a provider under the jurisdiction of another Member State should be adopted by the Digital Services Coordinator of that other Member State, where relevant in accordance with the procedures relating to cross-border cooperation. Furthermore, the Digital Services Coordinator of each Member State should establish a structured working relationship with the National Competition Authorities as well as the Financial Regulatory Authorities working on their territory.
Amendment 284 #
Proposal for a regulation
Recital 87
Recital 87
(87) In view of the particular challenges that may emerge in relation to assessing and ensuring a very large online platform’s compliance, for instance relating to the scale or complexity of a suspected infringement or the need for particular expertise or capabilities at Union level, Digital Services Coordinators should have the possibility to request, on a voluntary basis, assistance from the Commission or otherwise ask the Commission to intervene and exercise its investigatory and enforcement powers under this Regulation.
Amendment 293 #
Proposal for a regulation
Recital 93 a (new)
Recital 93 a (new)
(93a) However, the sector of digital services is a fast moving one in which Europe cannot afford Regulation that is lagging behind technological and operational innovations. Governance structures should remain fit for purpose, flexible and transparent. While ensuring accountability on the part of players in the sector, they themselves must remain accountable. Regulatory structures in which any one institution is granted powers so that it can operate as prosecution, jury and judge or seem like so, could easily create problems of checks and balances thereby stimulating more litigation; it could also be less flexible in dealing with innovation. Therefore the Board should, during the first five years of this Regulation entering into force, to carry out a continuous assessment of governance structures related to this Regulation and eventually to make recommendations for their improvement, their streamlining, and the consolidation of effective checks and balances mechanisms.
Amendment 353 #
Proposal for a regulation
Article 8 – paragraph 2 – point a – indent 3
Article 8 – paragraph 2 – point a – indent 3
— information about redress available to the provider of the service and to the recipient of the service who provided the content, which may be sought in the Member State of establishment of the provider of the service and/or in the Member State of establishment of the recipient of the service who provided the content;
Amendment 355 #
Proposal for a regulation
Article 8 – paragraph 2 – point b a (new)
Article 8 – paragraph 2 – point b a (new)
Amendment 371 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Providers of intermediary services shall include information on any restrictions that they impose in relation to the use of their service in respect of information provided by the recipients of the service, in their terms and conditions. ThaSuch restrictions shall in no way serve to provide selected economic actors with hidden competitive advantages. The relevant information shall include information on any policies, procedures, measures and tools used for the purpose of content moderation, including algorithmic decision-making and human review. It shall be set out in clear and unambiguous language and shall be publicly available in an easily accessible format.
Amendment 396 #
Proposal for a regulation
Article 14 – paragraph 2 – point d
Article 14 – paragraph 2 – point d
(d) a statement confirming the good faith belief of the individual or entity submitting the notice that the information and allegations contained therein are accurate and complete as well as the relationship, economic or otherwise, if any, the individual or entity has with the notified entity.
Amendment 406 #
Proposal for a regulation
Article 15 – paragraph 2 – point d
Article 15 – paragraph 2 – point d
(d) where the decision concerns allegedly illegal content, a reference to the legal ground relied on and explanations as to why the information is considered to be illegal content on that ground including explanations in relation to the arguments submitted under Article 14 paragraph 2A, where relevant;
Amendment 430 #
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. Online platforms shall ensure that the decisions, referred to in paragraph 4, are not solely taken on the basis of automated means and are involving human settlement in the case of dispute or redress.
Amendment 488 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. This Section shall apply to online platforms which provide their services to a number of average monthly active recipients of the service in the Union equal to or higher than 45 million, calculated in accordance with the methodology set out in the delegated acts referred to in paragraph 3, or if they exercise a dominant position over a specific market sector.
Amendment 546 #
Proposal for a regulation
Article 33 – paragraph 2 – point b a (new)
Article 33 – paragraph 2 – point b a (new)
(ba) the impact any declared illegal content has on the market of single Member States and/or the EU as relevant;