Activities of Tom VANDENKENDELAERE related to 2020/0374(COD)
Plenary speeches (2)
Digital Markets Act (debate)
Digital Services Act - Digital Markets Act (debate)
Amendments (9)
Amendment 156 #
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, secure, high- quality, continuous and real-time access and use of aggregated or non-aggregated, reliable and accurate 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 accesspresent the data in a comprehensible, structured and consistent format and offer minimal data analysis services for small and medium-sized business users; for personal data, anonymises the data in advance for small or medium-sized business users and provide access when justified on grounds of legitimate interest and use only where 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 the Regulation (EU) 2016/679; ;
Amendment 221 #
Proposal for a regulation
Recital 37
Recital 37
(37) Because of their position, gatekeepers might in certain cases restrict the ability of business users of their online intermediation services to offer their goods or services to end users under more favourable conditions, including price, through other online intermediation services or their own websites or other distributions channels. Such restrictions have a significant deterrent effect on the business users of gatekeepers in terms of their use of alternative online intermediation services, limiting inter- platform contestability, which in turn limits choice of alternative online intermediation channels for end users. To ensure that business users of online intermediation services of gatekeepers can freely choose alternative online intermediation services and differentiate the conditions under which they offer their products or services to their end users, it should not be accepted that gatekeepers limit business users from choosing to differentiate commercial conditions, including price. Such a restriction should apply to any measure with equivalent effect, such as for example increased commission rates or de-listing of the offers of business users.
Amendment 306 #
Proposal for a regulation
Recital 57
Recital 57
(57) In particular gatekeepers which provide access to software application stores serve as an important gateway for business users that seek to reach end users. In view of the imbalance in bargaining power between those gatekeepers and business users of their software application stores, those gatekeepers should not be allowed to impose general conditions, including pricing conditions, that would be unfair or lead to unjustified differentiation. Pricing or other general access conditions should be considered unfair if they lead to an imbalance of rights and obligations imposed on business users or confer an advantage on the gatekeeper which is disproportionate to the service provided by the gatekeeper to business users or lead to a disadvantage for business users in providing the same or similar services as the gatekeeper. The following benchmarks can serve as a yardstick to determine the fairness of general access conditions: prices charged or conditions imposed for the same or similar services by other providers of software application stores; prices charged or conditions imposed by the provider of the software application store for different related or similar services or to different types of end users; prices charged or conditions imposed by the provider of the software application store for the same service in different geographic regions; prices charged or conditions imposed by the provider of the software application store for the same service the gatekeeper offers to itself. The following practice shall be considered as an unfair access condition or unfair treatment: the gatekeeper demands a royalty-free license as a condition to access or treatment, or enforces royalties that are significantly below prices fixed in accordance with laws and collective rights. This obligation should not establish an access right and it should be without prejudice to the ability of providers of software application stores to take the required responsibility in the fight against illegal and unwanted content as set out in Regulation [Digital Services Act].
Amendment 618 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) allow business users to offer the same products or services to end users themselves or through third party online intermediation services at prices or conditions that are different from those offered through the online intermediation services of the gatekeeper;
Amendment 626 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) allow business users to promote offers tocommunicate freely with end users acquired via the core platform service, to promote offers to these end users and to conclude contracts with these end users regardless of whether for that purpose they use the core platform services of the gatekeeper or not, and allow end users to access and use, through the core platform services of the gatekeeper, content, subscriptions, features or other items by using the software application of a business user, where these items have been acquired by the end users from the relevant business user without using the core platform services of the gatekeeper;
Amendment 691 #
Proposal for a regulation
Article 5 – paragraph 1 – point g a (new)
Article 5 – paragraph 1 – point g a (new)
(g a) refrain from displaying in its online search engine, online social networking service or online intermediation service, in response to an end user query, advertising (including paid-for search results) or own services of the gatekeeper if the space occupied by such advertising or own services exceeds in total 25% of the first page the end user lands on;
Amendment 734 #
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) allow the installation and effective use of third party software applications or software application stores using, or interoperating with, operating systems of that gatekeeper and allow these software applications or software application stores to be accessed by means other than the core platform services of that gatekeeper. The gatekeeper shall not be prevented from taking proportionate measuresmeasures that are both necessary and proportionate, to protect the safety of the end user and to ensure that third party software applications or software application stores do not endanger the integrity of the hardware or operating system provided by the gatekeeper, when duly justified by the gatekeeper;
Amendment 798 #
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, secure, high- quality, continuous and real-time access and use of aggregated or non-aggregated, reliable and accurate 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 accesspresent the data in a comprehensible, structured and consistent format and offer minimal data analysis services for small and medium-sized business users; for personal data, anonymises the data in advance for small or medium-sized business users and provide access when justified on grounds of legitimate interest and use only where 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 the Regulation (EU) 2016/679; ;
Amendment 817 #
Proposal for a regulation
Article 6 – paragraph 1 – point k
Article 6 – paragraph 1 – point k
(k) apply fair and non-discriminatory general conditions and treatment of access for business users to its software application store, its online search engines and to its online social networking service designated pursuant to Article 3 of this Regulation.