30 Amendments of Evelyne GEBHARDT related to 2020/2018(INL)
Amendment 45 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas services provided by online platforms at no monetary cost to consumers are nevertheless ultimately funded through online advertising designed to maximise the amount of user attention dedicated to the platform and to keep users as much time as possible on the platform itself; whereas there is a need to depart from the current purely “advertisement-centric” model to an approach where the focus is on the interest of citizens in accessing and sharing of high quality contents, the interest of consumers to broaden their choices and opportunities, and the interest of advertisers in broadening their audience and customer base;
Amendment 97 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recalls that given the extension of the scope of the E-Commerce Directive to all digital services, for those services covered by the Services Directive, the country of destination principle as stipulated in the Services Directive should apply. This is necessary to ensure the principle of “what is illegal offline is also illegal online”.
Amendment 113 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Takes the view that a level playing field in the internal market between the platform economy and the "traditional" offline economy, based on the same rights and obligations for all interested parties - consumers and businesses - is needed; considers that social protection and the full access to and respect of fundamental and social rights ofor all workers, especially of platform or collaborative economy workers should be properly addressed in a specific instrument, accompanying should be ensured, especially of non-standard workers, including platform or collaborative economy workers; considers necessary that these conditions and the obligations of digital labour platforms as employers be properly addressed and guaranteed in a specific binding legal instrument, to be presented at the same time of the future regulatory framework; of the Digital Services Act;
Amendment 153 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses the importance of maintaining the horizontal approach of the E-Commerce Directive; acknowledges , however, that a one-size-fits-all solution to all types of illegal activities or hosting providers would not be appropriate; recommends distinguishing between commercial and non-commercial activities, and between different type of digital services hosted by platforms rather than focusing too much on the type of the platform;
Amendment 238 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on the Commission to require that where a certain qualification is required to provide a service, the possession of such a qualification has to be clearly disclosed in each online offer in order to avoid deceptive or misleading information to consumers;
Amendment 243 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission to introduce enforceable obligations on internformation society services providers aimed at increasing transparency and, information and accountability; considers that these obligations should be enforced by appropriate, effective and dissuasive penalties;
Amendment 263 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Stresses that online consumers find themselves in an unbalanced relation to service providers and traders offering services for free but supporting their services by advertising revenue and ads that are automatically targeting individual consumers, based on the information collected through big data and AI mechanisms; notes that the business model based on providing “free” services paid through advertising may lead to undesirable societal outcomes and be detrimental to consumers;
Amendment 266 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Notes that given the significant differences between digital services, a one-size-fits-all approach should be avoided; that is, intermediaries’ duties of care should differ depending on their business model;
Amendment 268 #
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Considers that intermediaries whose interventions may affect users fundamental freedoms should be maximally protected from liability while intermediaries that enable commercial transactions, including advertising, should be subject to a stronger obligation to take active care in order to protect consumers and provide security and trust;
Amendment 291 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers that consumers should be properly informed and their rights should be effectively guaranteed when they interact with automated decision-making systems and other innovative digital services or applications; believes that it should be possible for consumers to request checks and corrections of possible mistakes resulting from automated decisions, as well as to seek redress for any damage related to the use of automated decision-making systems ensuring that the burden of proof should not lie on the consumer;
Amendment 384 #
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Emphasises its scepticism about the introduction of “good Samaritan” provisions to exempt providers from liability when acting in “good faith” as this would encourage platforms to decide on what should be allowed or not and would risk reinforcing impunity, creating obstacles for enforcement; considers that the import of US law provisions are not fit-for-purpose in Union law;
Amendment 404 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. SCalls on the Commission to address issues related to online marketplaces in the Digital Services Act and asks for a thorough analysis of the interaction between the Digital Services Act and the Union product safety and chemicals legislation; stresses that it is unacceptable that Union consumers are exposed to illegal and unsafe products, containing dangerous chemicals, as well as other safety hazards;
Amendment 500 #
Motion for a resolution
Paragraph 32
Paragraph 32
32. Calls on the Commission to strengthen and modernise the current provisions on out-of-court settlement andexisting Union framework for out-of-court settlement under the E-Commerce Directive, taking into account developments under Directive 2013/11/EU, as well as court actions to allow for an effective enforcement and consumer redress;
Amendment 505 #
Motion for a resolution
Annex I – part I – paragraph 1
Annex I – part I – paragraph 1
The Digital Services Act should contribute to the strengthening of the internal market by ensuring the free movement of digital services and the freedom to conduct a business, while at the same time guaranteeing a high level of consumer protection, including the improvement of users’ safety online;
Amendment 547 #
Motion for a resolution
Annex I – part II – paragraph 1
Annex I – part II – paragraph 1
In the interest of legal certainty, the Digital Services Act should clarify which digital services fall within its scope. The new legal act should follow the horizontal nature of the E-Commerce Directive and apply not only to online platforms but to all digital services, which are not covered by specific legislation; to ensure the principle of “what is illegal offline is also illegal online” to those digital services covered by the Services Directive, the country of destination principle as stipulated in the Services Directive should apply;
Amendment 591 #
Motion for a resolution
Annex I – part III – paragraph 1 – indent 5
Annex I – part III – paragraph 1 – indent 5
- define “systemic operator” by establishing a set of clear economic indicators that allow regulatory authorities to identify platforms with a “gatekeeper” role playing a systemic role in the online economy; such indicators could include considerations such as whether the undertaking is active to a significant extent on multi-sided markets, the size of its network (number of users), and the presence of network effects; barriers to entry, its financial strength, and ability to access to data,; vertical integration, and its role as an unavoidable partner and the importance of its activity for third parties’ access to supply and markets, etc.
Amendment 593 #
Motion for a resolution
Annex I – part III – paragraph 1 – indent 5
Annex I – part III – paragraph 1 – indent 5
- define “systemic operator” by establishing a set of clear economic indicators that allow regulatory authorities to identify platforms with a “gatekeeper” role playing a systemic role in the online economy; such indicators could include considerations such as whether the undertaking is active to a significant extent on multi-sided markets, the size of its network (number of users, market share, share of sold services in total), its financial strength, access to data, vertical integration, the importance of its activity for third parties’ access to supply and markets, etc.
Amendment 620 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 2 a (new)
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 2 a (new)
- The provisions of Article 5 of the E-Commerce Directive should be further modernised by requiring traders to provide consumers with direct and efficient means of communication such as electronic contact forms, chatbots, instant messaging or telephone callback, provided that the information relating to those means of communication is accessible to consumers in a clear and comprehensible manner.
Amendment 642 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 3 – indent 2
Annex I – part IV – paragraph 1 – subheading 3 – indent 2
- Building upon Article 6 of the E- Commerce Directive, the new measures should establish a new framework for Platform to Consumer relations on meaningful transparency and accountability provisions regarding online advertising, digital nudging and preferential treatment; paid advertisements or paid placement in a ranking of search results should be identified in a clear, concise, and intelligible manner; those measures should: - enable consumers with an option not to be tracked or (micro)-targeted and to opt- in for the use of behavioural data for advertising purposes, as well as an opt-in option for political advertising and ads; - provide consumers with access to their dynamic marketing profiles, so that they are informed on whether and for what purposes they are tracked and if the information they receive is for advertising purposes; - guarantee the right for consumers to contest any decision that undermines their interests including through collective redress mechanisms; - ensure that paid advertisements or paid placement in a ranking of search results should be identified in a clear, concise, and intelligible manner; - specify the grounds on which service providers and traders cannot discriminate and provide guidance on what practices count as aggressive advertising whilst encouraging consumer-friendly AI- technologies; - provide access to advertising delivery data in proper formats to verify the exposure of advertisers, the performance of paid vs unpaid advertising and the compliance with minimal diversification requirements.
Amendment 668 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3
Annex I – part IV – paragraph 1 – subheading 4 – indent 3
- establish the principle of safety and security by default; as well as diversity “by- design”.
Amendment 670 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 a (new)
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 a (new)
- develop a European framework on artificial intelligence in the area of ecommerce and digital services based on fairness, accuracy, confidentiality and transparency.
Amendment 673 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 b (new)
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 b (new)
- with regard to accountability of algorithms used for targeted advertising, introduce fairness criteria for ad optimisation, and allow for external audits and verification of algorithmic design choices that involve information about individuals.
Amendment 675 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 c (new)
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 c (new)
- ascertain effective and efficient rights, institutions and procedures for AI developers to certify the reliability of their models and to properly address and exploit the impact of upcoming technological developments.
Amendment 677 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 d (new)
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 d (new)
- ensure an approach social dialogue and effective information and consultation of workers before introducing AI technologies and solutions which have impacts on working and employment conditions, in particular with regard to the use of algorithms;
Amendment 679 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 e (new)
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 e (new)
- guarantee the respect of the ‘human in command principle and ensure the protection of data and privacy of workers at work, reinforcing the GDPR rules at the workplace;
Amendment 785 #
Motion for a resolution
Annex I – part V – paragraph 3 – indent 5 a (new)
Annex I – part V – paragraph 3 – indent 5 a (new)
- the measures they adopt with regards to repeated infringers to ensure that the measures are effective in tackling such systemic abusive behaviour.
Amendment 817 #
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 4 a (new)
Annex I – part VI – paragraph 2 – indent 4 a (new)
- oblige online market places to display the possession of a qualification where a service provision requires the existence of a certain qualification to avoid misleading or deceptive information to consumers;
Amendment 830 #
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 6
Annex I – part VI – paragraph 2 – indent 6
- oblige online marketplaces to inform consumers of any safety issues and of any action required to ensure that recalls are carried out effectively; be consistent with and complementary to a reform of the General Product Safety Directive;
Amendment 840 #
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 8 a (new)
Annex I – part VI – paragraph 2 – indent 8 a (new)
- while online marketplaces must be liable for damages, contract performance and guarantees and while consumers must be able to exercise the same rights and remedies available against the supplier or producer, the online market place should have a right to redress towards the party at fault;
Amendment 871 #
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 3
Annex I – part VII – paragraph 2 – indent 3
- clarify that some regulatory remedies should be imposed on all ”systemic platforms” without the need for a decision by a regulatory authority, such as transparency in the way the dominant platforms conduct business: in particular how they collect or use data, prohibition for “systemic platforms” to engage in self- preferencing or in any practices aimed at making it more difficult for consumers to switch suppliers, or other forms of discrimination that exclude or disadvantage other businesses; , prohibition on asymmetric business terms;