Activities of Emilian PAVEL related to 2015/2147(INI)
Plenary speeches (2)
Towards a Digital Single Market Act (debate) RO
Towards a Digital Single Market Act (debate) DE
Shadow opinions (1)
OPINION on Towards a Digital Single Market Act
Amendments (70)
Amendment 5 #
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses the need for compliance with data protection legislationall legislation pertaining to fundamental rights of all initiatives developed under the Digital Single Market Strategy; underlines the fact that respect for fundamental rights andsuch as data protection and privacy are key elements in building citizens’' trust and security, which are necessary for a balanced approach allowing the development of the economy and should thus be considered as creating opportunities and a competitive advantage;
Amendment 11 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Is of the opinion that personal data cannot solely be reduced to a monetised commodity;
Amendment 17 #
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for measures to tackle illegal content and materials on the internet, that will be in compliance with the fundamental right to freedom of expression and information; considers that, in order to achieve that goal, it is necessary to provide appropriate law enforcement tools, to support public- private partnerships and cooperation, torespect the fundamental rights and freedoms set out in the Charter of Fundamental Rights of the European Union, in particular the fundamental right to freedom of expression and information, the right to protection of personal data, and the freedom to conduct a business, the rule of law and due legal process; considers the role of intermediaries and to promote education and awareness-raising campaigns;at, in order to achieve that goal, it is necessary to:
Amendment 22 #
Draft opinion
Paragraph 2 – point a (new)
Paragraph 2 – point a (new)
(a) provide clear guidelines with regards to which online content is illegal, including a definition of hate speech;
Amendment 24 #
Draft opinion
Paragraph 2 – point b (new)
Paragraph 2 – point b (new)
(b) support public-private partnerships and cooperation within the framework of due legal process;
Amendment 25 #
Draft opinion
Paragraph 2 – point c (new)
Paragraph 2 – point c (new)
(c) clarify the role of intermediaries and online platforms with respect to the right to freedom of expression and information, the right to intellectual property, the right to protection of personal data, and the freedom to conduct a business as enshrined in the EU Charter of Fundamental Rights and in conformity with the case-law of the Court of Justice of the European Union;
Amendment 26 #
Draft opinion
Paragraph 2 – point d (new)
Paragraph 2 – point d (new)
(d) collaborate with relevant stakeholders, including NGOs, private sector, the civil society, in promoting education and awareness-raising campaigns;
Amendment 30 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Stresses that cybercrime often includes child labour and abuse and has become one of the main facilitators and financers of terrorism and organised crime;
Amendment 33 #
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Calls for an update on the status of the Network and Information Security (NIS) Directive, following the understanding reached between the Council and the European Parliament on 29 June 2015;
Amendment 45 #
Draft opinion
Paragraph 3
Paragraph 3
3. Highlights the fact that the fast-growing number of attacks on networks and acts of cybercrime calls for a harmonised EU response with a view to ensuring a high level of cybersecurity; believes that providing security on the internet meansentails the protectingon of networks and critical infrastructures, the ability of law enforcement agencies to fight criminality, including terrorism, radicalisation and child pornography, the illicit online trade and the use of the necessary data to fight crime online and offline; stresses that security, thus defined, is necessary to reinforce trust in digital services and the processing of personal data; underlines that fundamental rights, democracy and the rule of law needs to be protected in cyberspace;
Amendment 47 #
Motion for a resolution
Recital A
Recital A
A. whereas the use of the internet and mobile communications has changed the way users communicate, invent, consume and share; whereas this has expanded the market place, facilitating access by small companies to a customer base of 500 million customers in the EU as well as to global markets, and the development by entrepreneurs of new ideas;
Amendment 50 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Highlights that cybersecurity measures that involve the handling of personal data, need to respect the protection of EU civil liberties and fundamental rights, ensuring the utmost respect for privacy and data protection;
Amendment 54 #
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Points out that the trust of citizens in digital services which is a precondition of the successful development of the digital single market can be seriously undermined by government activities of mass surveillance and unwarranted access to commercial and other personal data by law enforcement authorities; underlines the necessity for the strict compliance with fundamental rights when using commercial data for law enforcement purposes;
Amendment 56 #
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3 c. Welcomes the European Commission's initiative to establish a Public-Private Partnership on cybersecurity, a strong collaboration between the public and private sector can enhance cyber resilience and can better combat cybercrime; strongly suggests good case practices sharing from Member States that already set up effective public- private partnerships;
Amendment 58 #
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3 d. Regrets the closing of the European Public-Private Partnership for Resilience (EP3R), aimed at enhancing the preparedness and response to infrastructure disasters or failures by coordinating the efforts among telecom operators, after only 4 years of existence and practically 3 years of operations; requests an evaluation of this partnership as it was the first attempt at Pan- European level to use a Public-Private Partnership (PPP), to address cross- border security and resilience concerns in the telecom sector, as the learnings can be used for further PPPs;
Amendment 59 #
Draft opinion
Paragraph 3 e (new)
Paragraph 3 e (new)
3 e. Regrets the delay in the transposition of Directive 2013/40/EU of 12 August 2013 on attacks against information systems and replacing Council Framework Decision 2005/222/JHA, aimed at fighting against illegal access to information systems, illegal interference with systems or data, and illegal interception of data transmissions, also aimed at improving operational cooperation between Member States' national law enforcement services and relevant EU agencies (Eurojust, Europol, EC3 and ENISA); the deadline for its transposition was set on 4 September 2015, but to date, only 10 out of the 28 MS have confirmed they have fully transposed the Directive into their national legislation and two countries have reported partial transposition of the directive;
Amendment 60 #
Draft opinion
Paragraph 3 f (new)
Paragraph 3 f (new)
3 f. Highlights the urgent need for a legal basis for the activities of the Internet Referral Unit launched within Europol to ensure that its activities are within the mandate of Europol, as described in the Treaties, that they respect fundamental rights, namely the freedom of expression, protection of personal data and privacy, and that they do not contradict the principles of due legal process of the Member States; requests the Commission to draft a legislative proposal to this end as soon as possible;
Amendment 68 #
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that big data, cloud servicestechnological innovations like big data analytics, cloud computing, the Internet of Things, as well as research and innovation are key to economic development; believes that data protection safeguards and security are crucial for building trust in the data-driven economy sector; stresses the need to raise awareness of the role of data and data- sharing in the economy and to clarify data ownership rules; underlines the role of personalisation of services and products that should be developed as a balanced solution in compliance with data protection requirements; calls for the promotion of privacy by default and by design; underlines the importance of a risk-based approach in data protection legislation, especially for SMEshould be built with the citizen at the centre and in control of personal data;
Amendment 70 #
Draft opinion
Paragraph 4 – point a (new)
Paragraph 4 – point a (new)
(a) considers that the security and data protection safeguards are crucial for building trust in the data-driven economy sector and information should be protected both in flow and at rest;
Amendment 71 #
Draft opinion
Paragraph 4 – point b (new)
Paragraph 4 – point b (new)
(b) stresses the need to raise awareness of the role of data and data-sharing in the economy and, through the 'free flow of data' initiative, to clarify the rules on the use, access to and control over data;
Amendment 72 #
Draft opinion
Paragraph 4 – point c (new)
Paragraph 4 – point c (new)
(c) underlines the role of personalisation of services and products that should be developed as a balanced solution in compliance with data protection requirements;
Amendment 73 #
Draft opinion
Paragraph 4 – point d (new)
Paragraph 4 – point d (new)
(d) calls for the adoption of privacy by default and by design;
Amendment 74 #
Draft opinion
Paragraph 4 – point e (new)
Paragraph 4 – point e (new)
(e) requires the clarification of the meaning of 'personal data' in the big data environment;
Amendment 78 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Stresses that new technologies offer large possibilities for profiling and data mining, which could lead to discrimination on grounds of religion, gender, ethnic origins or other grounds, in a private/business context but also in the context of law enforcement; welcomes a proactive approach and a readiness to remedy any unintended discrimination or inequality;
Amendment 80 #
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Stresses that the principals of 'data minimisation', 'purpose specification', 'limitation', as well as transparency and consent are fully compatible with a big data, cloud computing and IoT environments and they should be fully implemented;
Amendment 82 #
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Encourages privacy-conscious engineering that implies the design and implementation of algorithms that conceal identities and aggregate data in order to respect the dignity and rights of the individual at the same time as harnessing the full potential of big data;
Amendment 84 #
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4 d. Underlines the vital importance of the right to data portability in guaranteeing people the full ownership and choice concerning their personal data and its use; calls for the further development in interoperability of commonly used data formats to allow the further use of such personal data without hindrance, further to the specification of the data subject;
Amendment 85 #
Draft opinion
Paragraph 4 e (new)
Paragraph 4 e (new)
4 e. Acknowledges the economic potential of computing innovations such as telematics and ambient intelligence; urges full compliance with privacy, data protection legislation and safeguards, including in particular the purpose limitation requirement, as possible intrusiveness of embedded devices includes function creep and processing of data the data subject is not aware of, or data processing for new purposes; insists that added value services shall be activated on a voluntary basis, and the information given to the data subject will enable him to give his unambiguous consent to the processing or simply refuse it; calls for telematics and ambient intelligence systems to make use of privacy enhancing technologies, as well as to adopt safeguards to prevent surveillance and misuse of the data;
Amendment 86 #
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses that any processing of personal data through solutions based on interoperability, i.e. operated by the ISA² programme, must comply with the requirements of EU data protection laws; calls for common standards to be developed for the data-driven economy, which should include security, respect for privacy and data protection;
Amendment 88 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls for a collaboration on global standards for the data-driven economy which would include data protection safeguards as well as security and respect for privacy;
Amendment 92 #
Draft opinion
Paragraph 6
Paragraph 6
6. Supports the digitalisation of public services in Europe and the development of e-government, e-democracy and open data policies based on high data protection standards as envisaged in the Data Protection Reform package, fully in line with the Charter of Fundamental Rights, especially Articles 7 and 8 while ensuring public participation and consultation in these processes, as well as access and reuse of public documents;
Amendment 95 #
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Supports the digitalisation of public services in Europe and the development of e-government, e-democracy and open data policies based on high data protection standards fully in line with the Charter of Fundamental Rights, especially Articles 7 and 8 while ensuring public participation and consultation in these processes, as well as access and reuse of public information/data;
Amendment 98 #
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Urges that primary attention should be paid to the security of e-Government systems, especially in light of the proposed "once-only" principle, so as to ensure citizens' privacy and protection of their personal data, such as through 'privacy by design and by default', regular use of data anonymisation techniques, performing mandatory privacy impact assessments;
Amendment 100 #
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6 c. Reminds that under the Horizon 2020 programme, the EU is supporting research into innovation in applying ICTs to public sector services and that one of the initial research calls is 'Secure societies – Protecting freedom and security of Europe and its citizens' (SC7), that will look at managing personal data and preserving privacy in an open government context; highlights the importance of communicating the result of this research and the implications to e- government systems;
Amendment 104 #
Draft opinion
Paragraph 7 – point a (new)
Paragraph 7 – point a (new)
(a) urges the EU, the Member States and their international partners to work together and to restore legal certainty on data transfer rules within and outside the European Union while fostering a high standard of data protection for European citizens;
Amendment 105 #
Draft opinion
Paragraph 7 – point b (new)
Paragraph 7 – point b (new)
(b) calls on the Commission to put forward a proposal for a new framework for transfers of personal data from the EU to the US which meets Union law data protection requirements and provides for the required high level of protection, as defined in the judgement of the European Court of Justice in the case C-362/14 (Schrems);
Amendment 108 #
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Recognises the global nature of the data economy; recalls that the creation of a Digital Single Market is incumbent upon the free flow of data within and outside the European Union; therefore underlines the necessity for sound legal safeguards for the transfer of personal data to third countries in compliance to the EU Acquis;
Amendment 110 #
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Urges a major overhaul of government surveillance practices and reminds that law enforcement authorities currently have the necessary tools to access to data, such as Mutual Legal Assistance Treaties (MLATs) that respect the rule of law and decrease the risk that governments will act improperly when attempting to access to data that is stored in foreign territory.
Amendment 132 #
Motion for a resolution
Recital D
Recital D
D. whereas a high level of consumer protection and satisfaction necessarily entails choice, flexibility, information and, trust in a secure online environment, and compliance with existing or upcoming EU legislation on data protection and privacy;
Amendment 141 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas with 5G on the horizon and with Europe's strong industrial base, Europe may regain its position as a global technology champion and an IoT pioneer;
Amendment 147 #
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas regions in the EU are on very different levels when it comes to their digital connectivity, human capital, use of internet, integration of digital technology by businesses, and digital public services as shown by the Digital Agenda Scoreboard; Whereas the regions which score low on these five indicators are at the risk of missing out on benefits of the digital era;
Amendment 148 #
Motion for a resolution
Recital D c (new)
Recital D c (new)
Dc. whereas access to digital infrastructure allowing high speed connectivity is increasingly important to both businesses and consumers, and especially remote, rural, and mountainous/island areas, which could be left behind in this 'regional digital divide';
Amendment 149 #
Motion for a resolution
Recital D d (new)
Recital D d (new)
Dd. whereas 44.8 % of households in the EU1 a do not have access to fast internet and current policies and incentives have failed to deliver adequate digital infrastructure, particularly in rural areas; __________________ 1a [1] Eurostat 2014: http://ec.europa.eu/eurostat/statistics- explained/index.php/Information_society_ statistics_at_regional_level#People_who_ never_used_the_internet
Amendment 150 #
Motion for a resolution
Recital D e (new)
Recital D e (new)
De. whereas the digital divide will continue to grow between those who are connected and are not connected, those who have the skills and who do not have the skills, as well as those who have capabilities to access digital single market and those with disabilities, if more focus is not put into getting all citizens 'internet ready' and a truly holistic approach is launched and supported by the EU, based on boosting investments in infrastructures and skills;
Amendment 177 #
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Agrees with the Commission that the governance and timely delivery of the Digital Single Market is a shared responsibility of the European Parliament, the Council and the Commission; encourages the Commission to engage with societal and social stakeholders and to involve them in the decision making process to the widest extent possible;
Amendment 183 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Reminds that an inclusive digital infrastructure allowing high speed connectivity for all, connecting 100 per cent of European citizens and companies, and covering all parts of the European Union including rural and remote areas is a crucial prerequisite of an efficient digital single market; Encourages the Commission to take connectivity for all as a basis of its further activities in the related sectors in order to avoid the digital divide;
Amendment 184 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on the Commission to conduct a study which explores the wider impact of digitalisation on European societies in order to establish how and to which degree the phenomena has altered life in each and every Member State and to share these findings with all EU institutions and Member States; on this basis to assess whether and to which extent further action in the respective policy fields is required;
Amendment 195 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes that better and future oriented regulation should help to examine policy through a digital lens and facilitate the adaptation of a principles-based and technology neutral legislation and enforcement frameworks in the light of new technologies and new business models to prevent fragmentation of the single market;
Amendment 235 #
Motion for a resolution
Paragraph 3 – indent 1 (new)
Paragraph 3 – indent 1 (new)
- Points out that the impacts of the digital revolution on social standards and labour conditions have to be taken into account while adapting current laws and regulations in order to protect citizens and companies alike; encourages the Commission to conduct a comprehensive analysis of the quantitative and qualitative effects of digitalisation on employment conditions;
Amendment 263 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses the urgent need for the Commission and Member States to promote a more dynamic economy for innovation to flourish and for companies to scale up, through the development of e- government, a modernised regulatory framework fit for the emergence and scale- up of innovative businesses, for the digital transformation of existing businesses, a cohesive and inclusive society, and a long term investment strategy in infrastructure, skills, research and innovation;
Amendment 264 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses the urgent need for the Commission and Member States in particular, to promote a more dynamic economy for innovation to flourish and for companies to scale up, through the development of e- government, a modernised regulatory framework fit for the emergence and scale- up of innovative businesses, and a long term investment strategy in infrastructure, skills, research and innovation, also based on best practices from other Member States;
Amendment 321 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Is concerned about the different national approaches taken to regulating the internet and the sharing economy; urges the Commission to take action to preserve the integrity of the single market, the cohesiveness and inclusiveness of European society and the internet as an open and global platform for communication, production and innovation;
Amendment 332 #
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls on the Commission, in cooperation with European industry, to show ambition and commitment towards Europe's future technology development and to establish a clear target for 5G deployment in Europe;
Amendment 334 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Regrets that the Commission's strategy neglects the accessibility aspect; reminds the Commission that there are 80 million EU citizens with disabilities and an aging population of 190 million of 50+; calls therefore on the Commission to ensure an appropriate level of accessibility in all legislative and non- legislative proposals related to the Digital Single Market; emphasises that accessibility is best achieved and cost- effectively introduced when incorporated from the outset;
Amendment 335 #
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Emphasises the need to swiftly adopt a proposal on the accessibility of public bodies' websites; regrets that the Council is not proceeding on this proposal and calls on the Commission to facilitate the finding of a common agreement;
Amendment 362 #
Motion for a resolution
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Calls on the Commission to secure that proposed regulatory actions minimise the barriers of entry for SMEs operating in the digital markets, leave enough room for innovation in the targeted sectors and respect the principles of technological, business model and content neutrality;
Amendment 382 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the Commission’s initiative to improve the legal protection of consumers as regards intangible digital content; points out that while consumers buying tangible digital content and goods are protected by consumer protection laws, consumer rights when buying intangible digital content remain largely unregulated; agrees that consumers should enjoy a comparable level of protection regardless of whether they purchase digital content online or offline;
Amendment 426 #
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Draws attention to the need to adjust intellectual property rights when online sales of B2C digital content products are being newly regulated; stresses that digital content products or services supplied to the consumer must be free of any rights of a third party;
Amendment 427 #
Motion for a resolution
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Underlines the need to define liability of the seller of digital products and services in B2C contracts for any failure to supply or to provide access to the digital content product or service and for any lack of conformity; points to the obligation of the seller to have the burden of proof with respect to the conformity of the digital content product or service;
Amendment 430 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Is concerned about the intention to create a separate legal instrument for online sales of tangible goods, as such an instrument would inevitably create an undesirable disparity between the applicable laws for offline and online purchases and believes that these questions should be addressed within the REFIT process;
Amendment 432 #
Motion for a resolution
Paragraph 8 e (new)
Paragraph 8 e (new)
8e. Is concerned that the implementation of legislation applicable to B2C online sales contracts, which would give priority to the national law of the seller's seat or residence (country of origin principle) is inconsistent with Article 6 of the Rome I Regulation;
Amendment 449 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Regrets the imprecision of the Commission’s proposal regarding a legislative measure for a more comprehensive online consumer sales law that covers digital content productintangible digital goods as well as tangible goods;
Amendment 476 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to explore the possibilities of introducing an EU trustmark for online sales in order to induce trust, particularly in relation to cross-border online sales, points to the already existing Trustmark schemes in Member States and call on the Commission to draw best practices from these experiences;
Amendment 502 #
Motion for a resolution
Paragraph 14 d (new)
Paragraph 14 d (new)
14d. Calls on the Commission to come forward with the proposal for a European Accessibility Act, which it has been preparing for several years and which would improve accessibility of goods and services in the single market, including the digital single market;
Amendment 618 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Further points out the importance of the ongoing competition sector inquiry into the e-commerce sector in order to investigate, inter alia, whether geo-blocking restrictions, such as discrimination on the basis of IP address, postal address or country of issue of credit card as compared, infringe the rules of EU competition law; stresses the importance of increasing consumer and business confidence by introducing changes to the Block Exemption Regulation, most importantly Article 4a and Article 4b, in order to limit undesirable re-routing and territorial restrictions;
Amendment 689 #
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Welcomes the upcoming review of the Universal Services Directive, which will provide an opportunity to re-examine the availability of broadband internet access, including in remote areas and consumers' rights related in the context of universal services provision; believes that access to broadband should be classified a service of general interest;
Amendment 868 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Appreciates the Commission’s initiative to analyse the role of platforms in the Digital Economy as part of the up- coming Internal Market Sstrategy and urges the Commission to also focus on identifying possible gaps in terms of consumer protection;
Amendment 907 #
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Underlines that the sharing economy brings clear opportunities towards a more circular EU economy;
Amendment 953 #
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Welcomes the European Commission's initiative to establish a Public-Private Partnership on cybersecurity, as due to growing sophistication of cybercriminals and the rise of advanced cyber threats, a strong collaboration between the public and private sector can enhance cyber resilience and can better combat cybercrime; strongly suggests good case practices sharing from Member States that already set up effective public-private partnerships;
Amendment 966 #
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Highlights that anti cybercrime measures that involve the handling of personal data, need to respect the protection of EU civil liberties and fundamental rights, ensuring the utmost respect for privacy and data protection;