Activities of Karen MELCHIOR related to 2020/0361(COD)

Hilde VAUTMANS, Karen MELCHIOR, María Soraya RODRÍGUEZ RAMOS, Samira RAFAELA

Proposal for a regulation
Recital 12

(12) In order to achieve the objective of ensuring a safe, predictable and trusted online environment, for the purpose of this Regulation the concept of “illegal content” should be defined ~~broad~~appropriately and also covers information relating to illegal content, products, services and activities where such information is itself illegal. In particular, that concept should be understood to refer to information, irrespective of its form, that under the applicable ~~law~~Union or national law as a result of its display on an intermediary service is either itself illegal, such as illegal hate speech or terrorist content and unlawful discriminatory content, or ~~that relates to activities that are illegal~~due to its direct connection to or promotion of an illegal activity, such as the sharing of images depicting child sexual abuse, unlawful non- consensual sharing of private images, online stalking, the sale of non- compliant or counterfeit products, illegal trading of animals, plants and substances, the non-authorised use of copyright protected material or activities involving infringements of consumer protection law. In this regard, it is immaterial whether the illegality of the information or activity results from Union law or from national law that is consistent with Union law including the Charter of Fundamental Rights of the European Union and what the precise nature or subject matter is of the law in question.

2021/07/20
Committee: JURI

Lina GÁLVEZ, Patrizia TOIA, Alicia HOMS GINEL, Robert HAJŠEL, Carlos ZORRINHO, Andris AMERIKS, Nicolás GONZÁLEZ CASARES, Romana JERKOVIĆ, Eva KAILI, Carlo CALENDA, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Karen MELCHIOR

Proposal for a regulation
Recital 28

(28) Providers of intermediary services should not be subject to a monitoring obligation with respect to obligations of a general nature. This does not concern monitoring obligations in a specific case and, in particular, does not affect orders by national authorities in accordance with national legislation, in accordance with the conditions established in this Regulation. Nothing in this Regulation should be construed as an imposition of a general monitoring obligation or ~~active fact- finding obligation, or as a general obligation for~~impeding upon the ability of providers to undertake proactive measures to ~~relation to illegal content~~identify and remove illegal content and to prevent its reappearance.

2021/06/23
Committee: ITRE

Proposal for a regulation
Article 17 – paragraph 2

2. Online platforms shall ensure that their internal complaint-handling and redress systems are easy to access, and user-friendly, including for children, especially girls and enable and facilitate the submission of sufficiently precise and adequately substantiated complaints.

2021/07/15
Committee: FEMM

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Recital 12 a (new)

(12 a) Material disseminated for educational, journalistic, artistic or research purposes or for the purposes of preventing or countering illegal content including the content which represents an expression of polemic or controversial views in the course of public debate should not be considered as illegal content. Similarly, material, such as an eye-witness video of a potential crime, should not be considered as illegal, merely because it depicts an illegal act. An assessment should determine the true purpose of that dissemination and whether material is disseminated to the public for those purposes.

2021/07/20
Committee: JURI

Hilde VAUTMANS, Karen MELCHIOR, María Soraya RODRÍGUEZ RAMOS, Samira RAFAELA

Proposal for a regulation
Article 26 – paragraph 1 – introductory part

1. Very large online platforms shall identify, analyse and assess, from the date of application referred to in the second subparagraph of Article 25(4), ~~at least once a year thereafter,~~on an ongoing basis, the probability and severity of any significant systemic risks stemming from the functioning and use made of their services in the Union. This risk assessment shall be specific to their services and shall include the following systemic risks:

2021/07/15
Committee: FEMM

Hilde VAUTMANS, Karen MELCHIOR, María Soraya RODRÍGUEZ RAMOS, Samira RAFAELA

Proposal for a regulation
Article 26 – paragraph 1 – point b

(b) any negative effects for the exercise of any of the fundamental rights listed in the Charter, in particular on the fundamental rights to respect for private and family life, freedom of expression and information, the prohibition of discrimination, the right to gender equality and the rights of the child, as enshrined in Articles 7, 11, 21, 23 and 24 of the Charter respectively;

2021/07/15
Committee: FEMM

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Recital 13 a (new)

(13 a) Additionally in order to avoid imposing obligations simultaneously on two providers for the same content, a hosting services should be defined as an online platform when it has a direct relationship with the recipient of the service. A hosting provider who is acting as the infrastructure for an online platform should not be considered as an online platform based on this relationship, where it implements the decisions of the online platform and its user indirectly.

2021/07/20
Committee: JURI

Hilde VAUTMANS, Karen MELCHIOR, María Soraya RODRÍGUEZ RAMOS, Samira RAFAELA

Proposal for a regulation
Article 27 – paragraph 1 – introductory part

1. Very large online platforms shall put in place reasonable, proportionate and effective mitigation measures, tailored to the specific systemic risks identified pursuant to Article 26. Such measures ~~may~~shall include, where applicable:

2021/07/15
Committee: FEMM

Hilde VAUTMANS, Karen MELCHIOR, María Soraya RODRÍGUEZ RAMOS, Samira RAFAELA

Proposal for a regulation
Article 27 – paragraph 1 a (new)

1 a. Where a very large online platform decides not to put in place any of the mitigation measures listed in article 27(1), it shall provide a written explanation that describes the reasons why those measures were not put in place, which shall be provided to the independent auditors in order to prepare the audit report referred to in Article 28(3).

2021/07/15
Committee: FEMM

Hilde VAUTMANS, Karen MELCHIOR, María Soraya RODRÍGUEZ RAMOS, Samira RAFAELA

Proposal for a regulation
Article 28 – paragraph 1 – point a

(a) the obligations set out in Chapter III; in particular the quality of the identification, analysis and assessment of the risks referred to in Article 26, and the necessity, proportionality and effectiveness of the risk mitigation measures referred to in Article 27;

2021/07/15
Committee: FEMM

Hilde VAUTMANS, Karen MELCHIOR, María Soraya RODRÍGUEZ RAMOS, Samira RAFAELA

Proposal for a regulation
Article 34 – paragraph 2 a (new)

2 a. The Commission shall support and promote the development and implementation of industry standards set by relevant European and international standardisation bodies for the protection and promotion of the rights of the child and the right to gender equality, observance of which, once adopted, will be mandatory, at least for the following: (a) age assurance and age verification pursuant to Article 13; (b) child impact assessments pursuant to Article 13; (c) age-appropriate terms and conditions that equally promote gender equality pursuant to Article 12; (d) child-centred design that equally promotes gender equality and pursuant to Article 13.

2021/07/15
Committee: FEMM

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Recital 28

(28) Providers of intermediary services should not be subject to a monitoring obligation with respect to obligations of a general nature. This does not concern monitoring obligations in a specific case, where set down in Union acts and, in particular, does not affect orders by national authorities in accordance with national legislation that implements European acts, in accordance with the conditions established in this Regulation and other European lex specialis. Nothing in this Regulation should be construed as an imposition of a general monitoring obligation or active fact-finding obligation, or as a general obligation for providers to take proactive measures to relation to illegal content. Equally, nothing in this Regulation should prevent providers from enacting end-to-end encrypting of their services.

2021/07/20
Committee: JURI

Hilde VAUTMANS, Karen MELCHIOR, María Soraya RODRÍGUEZ RAMOS, Samira RAFAELA

Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 1

The Commission acting on its own initiative, or the Board acting on its own initiative or upon request of at least three Digital Services Coordinators of destination, ~~may~~shall, where it has reasons to suspect that a very large online platform infringed any of those provisions, recommend the Digital Services Coordinator of establishment to investigate the suspected infringement with a view to that Digital Services Coordinator adopting such a decision with~~in a reasonable time period~~out undue delay and in any event within two months.

2021/07/15
Committee: FEMM

Hilde VAUTMANS, Karen MELCHIOR, María Soraya RODRÍGUEZ RAMOS, Samira RAFAELA

Proposal for a regulation
Article 51 – paragraph 1 – introductory part

1. The Commission, acting either upon the Board’s recommendation or on its own initiative after consulting the Board, ~~may~~shall initiate proceedings in view of the possible adoption of decisions pursuant to Articles 58 and 59 in respect of the relevant conduct by the very large online platform that:

2021/07/15
Committee: FEMM

Hilde VAUTMANS, Karen MELCHIOR, María Soraya RODRÍGUEZ RAMOS, Samira RAFAELA

Proposal for a regulation
Article 51 – paragraph 2 – introductory part

2. Wheren the Commission ~~decides to~~ initiates proceedings pursuant to paragraph 1, it shall notify all Digital Services Coordinators, the Board and the very large online platform concerned.

2021/07/15
Committee: FEMM

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Recital 29

(29) Depending on the legal system of each Member State and the field of law at issue, national judicial or administrative authorities may order providers of intermediary services to act against certain specific items of illegal content or to provide certain specific items of information. The national laws on the basis of which such orders are issued differ considerably and the orders are increasingly addressed in cross-border situations. In order to ensure that those orders can be complied with in an effective and efficient manner, so that the public authorities concerned can carry out their tasks and the providers are not subject to any disproportionate burdens, without unduly affecting the rights and legitimate interests of any third parties, it is necessary to set certain conditions that those orders should meet and certain complementary requirements relating to the effective processing of those orders.

2021/07/20
Committee: JURI

Proposal for a regulation
Recital 31

(31) The territorial scope of such orders to act against illegal content should be clearly set out on the basis of the applicable Union or national law enabling the issuance of the order and should not exceed what is strictly necessary to achieve its objectives. In that regard, the national judicial or administrative authority issuing the order should balance the objective that the order seeks to achieve, in accordance with the legal basis enabling its issuance, with the rights and legitimate interests of all third parties that may be affected by the order, in particular their fundamental rights under the Charter. In addition, where the order referring to the specific information may have effects beyond the territory of the Member State of the authority concerned, the authority should assess whether the information at issue is likely to constitute manifestly illegal content in the majority of other Member States concerned and if the content is illegal within the Member State of establishment of a hosting provider and, where relevant, take account of the relevant rules of national, Union law or international law and the interests of international comity.

2021/07/20
Committee: JURI

Ramona STRUGARIU, Vlad-Marius BOTOŞ, Karen MELCHIOR

Proposal for a regulation
Recital 33

(33) Orders to act against illegal content and to provide information are subject to the rules safeguarding the competence of the Member State where the service provider addressed is established and laying down possible derogations from that competence in certain cases, set out in Article 3 of Directive 2000/31/EC, only if the conditions of that Article are met. Given that the orders to provide information in question relate to specific items of illegal content and information as defined in Union or national law, respectively, where they are addressed to providers of intermediary services established in another Member State, they do not in principle restrict those providers’ freedom to provide their services across borders. Therefore, the rules set out in Article 3 of Directive 2000/31/EC, including those regarding the need to justify measures derogating from the competence of the Member State where the service provider is established on certain specified grounds and regarding the notification of such measures, do not apply in respect of those orders. Article 3 of Directive 2000/31/EC, however, continues to apply to any other orders related to non-specific individual items of illegal or legal content or information, general orders related to geoblocking of whole websites, webpages, or domains and any other matter which could be seen as restricting the freedom to provide their service across border.

2021/07/20
Committee: JURI

Proposal for a regulation
Recital 2 a (new)

(2a) Member States also undertake to promote, through multilateral agreements such as the International Partnership for Information and Democracy initiated by Reporters Without Borders and signed by 21 EU Member States, the Regulation of the public information and communication space by establishing democratic guarantees for the digital space, based on the responsibility of platforms and guarantees for the reliability of information. These multilateral commitments offer convergent solutions on matters covered by this Regulation.

2021/07/08
Committee: IMCO

Karen MELCHIOR, Stéphane SÉJOURNÉ, Hilde VAUTMANS, Ivars IJABS, Samira RAFAELA, Michal ŠIMEČKA

Proposal for a regulation
Recital 34

(34) In order to achieve the objectives of this Regulation, and in particular to improve the functioning of the internal market and ensure a safe and transparent online environment, it is necessary to establish a clear and balanced set of harmonised due diligence obligations for providers of intermediary services. Those obligations should aim in particular to guarantee different public policy objectives such as the safety and trust of the recipients of the service, including minors, women and vulnerable users, such as those with protected characteristics under Article 21 of the Charter, protect the relevant fundamental rights enshrined in the Charter, to ensure meaningful accountability of those providers and to empower recipients and other affected parties, whilst facilitating the necessary oversight by competent authorities.

2021/07/20
Committee: JURI

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
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 and very large onlSimilarly, in order to make sure that the obligations are only applied to those providers of intermediary services where the benefit would outweigh the burden on the provider, the Commission should be empowered to issue a waiver to the requirements of chapter III, in whole or ine p~~latforms. To the extent that~~arts, to those providers of intermediary services may fall within those different categories in view of the nature of their services and their size, they should 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 and protecting fundamental rights onlinethat are non-for- profit or equivalent and serve a manifestly positive role in the public interest, or are SMEs without any systemic risk related to illegal content. The Providers shall present justified reasons for why they should be issued a waiver. The Commission should examine such an application and has the authority to issue or revoke a waiver at any time. The Commission should maintain a public list of all waivers issued and their conditions containing a description on why the provider is justified a waiver.

2021/07/20
Committee: JURI

Proposal for a regulation
Recital 38

(38) Whilst the freedom of contract of providers of intermediary services should in principle be respected, it is appropriate to set certain rules on the content, application and enforcement of the terms and conditions of those providers in the interests of transparency, the protection of recipients of the service and the avoidance of unfair or arbitrary outcomes. At the same time, recipients should enter into such agreements willingly without any misleading or coercive tactics and therefore a ban on dark patterns should be introduced.

2021/07/20
Committee: JURI

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Recital 38 a (new)

(38 a) While an additional requirement should apply to very large online platforms, all providers should do a general self-assessment of potential risks related to their services, especially in relations with minors and should take voluntary mitigation measures where appropriate. In order to ensure that the provider undertakes these actions, Digital Services Coordinators may ask for proof.

2021/07/20
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Marco ZULLO, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Recital 4 a (new)

(4a) As Party to the United Nations Convention on the Rights of Persons with Disabilities (UN CRPD), provisions of the Convention are integral part of the Union legal order and binding upon the Union and its Member States. The UN CRPD requires its Parties to take appropriate measures to ensure that persons with disabilities have access, on an equal basis with others, to information and communications technologies and systems, and other facilities and services open or provided to the public, both in urban and in rural areas. General Comment No2 to the UN CRPD further states that “The strict application of universal design to all new goods, products, facilities, technologies and services should ensure full, equal and unrestricted access for all potential consumers, including persons with disabilities, in a way that takes full account of their inherent dignity and diversity.” Given the ever-growing importance of digital services and platforms in private and public life, in line with the obligations enshrined in the UN CRPD, the EU must ensure a regulatory framework for digital services which protects rights of all recipients of services, including persons with disabilities.

2021/07/08
Committee: IMCO

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Recital 39

(39) To ensure an adequate level of transparency and accountability, providers of intermediary services should annually report, in accordance with the harmonised requirements contained in this Regulation, on the content moderation they engage in, including the measures taken as a result of the application and enforcement of their terms and conditions. However, so as to avoid disproportionate burdens, those transparency reporting obligations should not apply to providers that are micro- or small enterprises as defined in Commission Recommendation 2003/361/EC.40 which do not also qualify as very large online platforms. In any public versions of such reports, providers of intermediary services should remove any information that may prejudice ongoing activities for the prevention, detection, or removal of illegal content or content counter to a hosting provider’s terms and conditions. _________________ 40 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p. 36).

2021/07/20
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Marco ZULLO, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Recital 5 a (new)

(5a) Given the cross-border nature of the services at stake, Union action to harmonise accessibility requirements for intermediary services across the internal market is vital to avoid market fragmentation and ensure that equal right to access and choice of those services by all consumers and other recipients of services, including by persons with disabilities, is protected throughout the Union. Lack of harmonised accessibility requirements for digital services and platforms will also create barriers for the implementation of existing Union legislation on accessibility, as many of the services falling under those laws will rely on intermediary services to reach end- users. Therefore, accessibility requirements for intermediary services, including their user interfaces, must be consistent with existing Union accessibility legislation, such as the European Accessibility Act and the Web Accessibility Directive, so that no one is left behind as result of digital innovation. This aim is in line with the Union of Equality: Strategy for the Rights of Persons with Disabilities 2021-2030 and the Union’s commitment to the United Nations’ Sustainable Development Goals.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Marco ZULLO, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Recital 5 b (new)

(5b) The notions of ‘access’ or ‘accessibility’ are often referred to with the meaning of affordability (financial access), availability, or in relation to access to data, use of network, etc. It is important to distinguish these from ‘accessibility for persons with disabilities’ which means that services, technologies and products are perceivable, operable, understandable and robust for persons with disabilities.

2021/07/08
Committee: IMCO

Proposal for a regulation
Recital 40 a (new)

(40 a) Notices should be directed to the actor that has the technical and operational ability to act and the closest relationship to the recipient of the service that provided the information or content, such as to an online platform and not to the hosting service provider on which provides services to that online platform. Such hosting service providers should redirect such notices to the particular online platform and inform the notifying party of this fact.

2021/07/20
Committee: JURI

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Recital 40 b (new)

(40 b) Hosting providers should seek to act only against the items of information notified. This may include acts such as disabling hyperlinking to the items of information. Where the removal or disabling of access to individual items of information is technically or operationally unachievable due to legal, contractual, or technological reasons, such as encrypted file and data storage and sharing services, hosting providers should inform the recipient of the service of the notification and seek action. If a recipient fails to act or delays action, or the provider has reason to believe has failed to act or otherwise acts in bad faith, the hosting provider may suspend their service in line with their terms and conditions.

2021/07/20
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Recital 7

(7) In order to ensure the effectiveness of the rules laid down in this Regulation and a level playing field within the internal market, those rules should apply to providers of intermediary services irrespective of their place of establishment or residence, in so far as they provide and direct services at and in the Union, as evidenced by a substantial connection to the Union.

2021/07/08
Committee: IMCO

Karen MELCHIOR, Stéphane SÉJOURNÉ, Hilde VAUTMANS, Ivars IJABS, Samira RAFAELA, Michal ŠIMEČKA

Proposal for a regulation
Recital 41

(41) The rules on such notice and action mechanisms should be harmonised at Union level, so as to provide for the timely, diligent and objective processing of notices on the basis of rules that are uniform, transparent and clear and that provide for robust safeguards to protect the right and legitimate interests of all affected parties, in particular their fundamental rights guaranteed by the Charter, irrespective of the Member State in which those parties are established or reside and of the field of law at issue. The fundamental rights include, as the case may be, the right to freedom of expression and information, the right to respect for private and family life, the right to protection of personal data, the right to non-discrimination, the right to gender equality and the right to an effective remedy of the recipients of the service; the freedom to conduct a business, including the freedom of contract, of service providers; as well as the right to human dignity, the rights of the child, the right to protection of property, including intellectual property, and the right to non- discrimination of parties affected by illegal content.

2021/07/20
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Karen MELCHIOR

Proposal for a regulation
Recital 8

(8) Such a substantial connection to the Union should be considered to exist where the service provider has an establishment in the Union or, in its absence, on the basis of the existence of a significant number of active monthly users in one or more Member States, or the ~~targe~~proactive directing of activities towards one or more Member States. The targeting of activities towards one or more Member States can be determined on the basis of all relevant circumstances, including factors such ~~as the use of a language or a currency generally used in that Member State, or the possibility of ordering products or services, or using a national top level domain. The targe~~using a national top level domain or intermediary service provider solicits the conclusion of distance contracts from residents of the Union and that a contract has actually been concluded at a distance, by whatever means. In this respect, the language or currency which a website uses does not constitute a relevant factor. The proactive directing of activities towards a Member State could also be derived from the availability of an application in the relevant national application store, from the provision of local advertising or advertising in the language used in that Member State, or from the handling of customer relations such as by providing customer service in the language generally used in that Member State. The mere availability of a service in a Member State should not be considered as a proactive offering of a service by the provider. A substantial connection should also be assumed where a service provider directs its activities to one or more Member State as set out in Article 17(1)(c) of Regulation (EU) 1215/2012 of the European Parliament and of the Council27 . On the other hand, mere technical accessibility of a website from the Union or the use of an international language of more than 100 Million native speakers cannot, on thatose ground alone, be considered as establishing a substantial connection to the Union. __________________ 27 Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L351, 20.12.2012, p.1). (The exact number which equals significant should be fixed during negotiations)

2021/07/08
Committee: IMCO

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Recital 41 a (new)

(41 a) Where a hosting service provider decides to remove or disable information provided by a recipient of the service, either because it is illegal or is not allowed under its terms and conditions, it should do so in a timely manner, taking into account the potential harm of the infraction and the technical abilities of the provider. Information that could have a negative effect on minors, women and vulnerable users such as those with protected characteristics under Article 21 of the Charter should be seen as a matter requiring urgency

2021/07/20
Committee: JURI

Proposal for a regulation
Recital 42

(42) Where a hosting service provider decides to remove or disable information provided by a recipient of the service, for instance following receipt of a notice or acting on its own initiative, ~~including through the use of automated means,~~ that provider should inform the recipient of its decision, the reasons for its decision and the available redress possibilities to contest the decision, in view of the negative consequences that such decisions may have for the recipient, including as regards the exercise of its fundamental right to freedom of expression. That obligation should apply irrespective of the reasons for the decision, in particular whether the action has been taken because the information notified is considered to be illegal content or incompatible with the applicable terms and conditions. Available recourses to challenge the decision of the hosting service provider should always include judicial redress. Such a statement, however, should not be required if it relates to spam, manifestly illegal content, removal of content similar or identical to content already removed from the same recipient, who has already received a statement or where a provider of hosting service does not have the information necessary to inform the recipient by a durable medium.

2021/07/20
Committee: JURI

Lina GÁLVEZ, Alicia HOMS GINEL, Robert HAJŠEL, Carlos ZORRINHO, Andris AMERIKS, Nicolás GONZÁLEZ CASARES, Romana JERKOVIĆ, Eva KAILI, Patrizia TOIA, Carlo CALENDA, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Karen MELCHIOR

Proposal for a regulation
Article 1 – paragraph 2 – point b b (new)

(b b) stimulate the level playing field of the online ecosystem by introducing interoperability requirements for very large platforms.

2021/06/23
Committee: ITRE

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Recital 9

(9) This Regulation should complement, yet not affect the application of rules resulting from other acts of Union law regulating certain aspects of the provision of intermediary services, in particular Directive 2000/31/EC, with the exception of those changes introduced by this Regulation, Directive 2010/13/EU of the European Parliament and of the Council as amended,28 and Regulation (EU) …/.. of the European Parliament and of the Council29 – proposed Terrorist Content Online Regulation. Therefore, this Regulation leaves those other acts, among others, which are to be considered lex specialis in relation to the generally applicable framework set out in this Regulation, unaffected. However, the rules of this Regulation apply in respect of issues that are not or not fully addressed by those other acts as well as issues on which those other acts leave Member States the possibility of adopting certain measures at national level. To assist Member States and providers, the Commission should provide guidelines as to how to interpret the interaction between different Union acts and how to prevent any duplication of requirements on providers or potential conflicts in the interpretation of similar requirements. __________________ 28 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (Text with EEA relevance), OJ L 95, 15.4.2010, p. 1 . 29Regulation (EU) …/.. of the European Parliament and of the Council – proposed Terrorist Content Online Regulation

2021/07/08
Committee: IMCO

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Recital 43

(43) To avoid disproportionate burdens, the additional obligations imposed on online platforms under this Regulation should not apply to micro or small enterprises as defined in Recommendation 2003/361/EC of the Commission,41 unless their reach and impact is such that they meet the criteria to qualify as very large online platforms under this Regulation. The consolidation rules laid down in that Recommendation help ensure that any circumvention of those additional obligations is prevented. The exemption of micro- and small enterprises from those additional obligations should not be understood as affecting their ability to set up, on a voluntary basis, a system that complies with one or more of those obligations. _________________ 41 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p. 36).

2021/07/20
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Recital 10

(10) For reasons of clarity, it should also be specified that this Regulation is without prejudice to Regulation (EU) 2019/1148 of the European Parliament and of the Council30 and Regulation (EU) 2019/1150 of the European Parliament and of the Council,31 , Directive 2002/58/EC of the European Parliament and of the Council32 and Regulation […/…] on temporary derogation from certain provisions of Directive 2002/58/EC33 as well as Union law on consumer protection, in particular Directive 2005/29/EC of the European Parliament and of the Council34 , Directive 2011/83/EU of the European Parliament and of the Council.35 Directive (EU) 2019/882 of the European Parliament and of the Council, and Directive 93/13/EEC of the European Parliament and of the Council36 , as amended by Directive (EU) 2019/2161 of the European Parliament and of the Council37 , and on the protection of personal data, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council.38 The protection of individuals with regard to the processing of personal data is solely governed by the rules of Union law on that subject, in particular Regulation (EU) 2016/679 and Directive 2002/58/EC. This Regulation is also without prejudice to the rules of Union law on working conditions. __________________ 30Regulation (EU) 2019/1148 of the European Parliament and of the Council on the marketing and use of explosives precursors, amending Regulation (EC) No 1907/2006 and repealing Regulation (EU) No 98/2013 (OJ L 186, 11.7.2019, p. 1). 31 Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (OJ L 186, 11.7.2019, p. 57). 32Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications), OJ L 201, 31.7.2002, p. 37. 33Regulation […/…] on temporary derogation from certain provisions of Directive 2002/58/EC. 34Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) 35Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council. 36Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts. 37Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council as regards the better enforcement and modernisation of Union consumer protection rules 38Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

2021/07/08
Committee: IMCO

Proposal for a regulation
Recital 44

(44) Recipients of the service should be able to easily and effectively contest certain decisions of online platforms that negatively affect them. Therefore, online platforms should be required to provide for internal complaint-handling systems, which meet certain conditions aimed at ensuring that the systems are easily accessible and lead to swift and fair outcomes. In addition, provision should be made for the possibility of entering, in good faith, an out-of-court ~~dispute~~ settlement of disputes, including those that could not be resolved in satisfactory manner through the internal complaint-handling systems, by certified bodies located in either the Member State of the recipient or the provider and that have the requisite independence, means and expertise to carry out their activities in a fair, swift and cost- effective manner. The possibilities to contest decisions of online platforms thus created should complement, yet leave unaffected in all respects, the possibility to seek judicial redress in accordance with the laws of the Member State concerned.

2021/07/20
Committee: JURI

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Recital 46

(46) Action against illegal content can be taken more quickly and reliably where online platforms take the necessary measures to ensure that notices submitted by trusted flaggers through the notice and action mechanisms required by this Regulation are treated with priority, without prejudice to the requirement to process and decide upon all notices submitted under those mechanisms in a timely, diligent and objective manner. Such trusted flagger status should normally only be awarded to non-governmental entities, and not ~~individual~~natural persons, that have demonstrated, among other things, that they have particular expertise and competence in tackling illegal content~~, that they represent collective interests~~ and that they work in a diligent and objective manner. Such entities, however, can be public in nature for actions not related to intellectual property rights, such as, for terrorist content, internet referral units of national law enforcement authorities or of the European Union Agency for Law Enforcement Cooperation (‘Europol’) or they can be non-governmental organisations and semi- public bodies, such as the organisations part of the INHOPE network of hotlines for reporting child sexual abuse material and organisations committed to notifying illegal racist and xenophobic expressions online. For intellectual property rights, non- governmental organisations of industry and of right- holders could also be awarded trusted flagger status, where they have demonstrated that they meet the applicable conditions. The rules of this Regulation on trusted flaggers should not be understood to prevent online platforms from giving similar treatment to notices submitted by entities or individuals that have not been awarded trusted flagger status under this Regulation, from otherwise cooperating with other entities, in accordance with the applicable law, including this Regulation and Regulation (EU) 2016/794 of the European Parliament and of the Council.43 _________________ 43Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA, OJ L 135, 24.5.2016, p. 53

2021/07/20
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Marco ZULLO, Svenja HAHN, Karen MELCHIOR, Sandro GOZI

Proposal for a regulation
Recital 12

(12) In order to achieve the objective of ensuring a safe, predictable and trusted online environment, for the purpose of this Regulation the concept of “illegal content” should be defined broadly and also covers information relating to illegal content, products, services and activities. In particular, that concept should be understood to refer to information, irrespective of its form, that under the applicable ~~law~~Union or national law as a result of its display on an intermediary service is either itself illegal, such as illegal hate speech or terrorist content and unlawful discriminatory content, or ~~that relates to activities that are illegal~~due to its direct connection to or promotion of an illegal activity, such as the sharing of images depicting child sexual abuse, unlawful non- consensual sharing of private images, online stalking, the sale of non- compliant or counterfeit products, illegal trading of animals, plants and substances, the non-authorised use of copyright protected material or activities involving infringements of consumer protection law. In this regard, it is immaterial whether the illegality of the information or activity results from Union law or from national law that is consistent with Union law and what the precise nature or subject matter is of the law in question.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Marco ZULLO, Stéphane SÉJOURNÉ, Karen MELCHIOR, Laurence FARRENG

Proposal for a regulation
Recital 12

(12) In order to achieve the objective of ensuring a safe, predictable and trusted online environment, for the purpose of this Regulation the concept of “illegal content” should be defined broadly and also covers information relating to illegal content, products, services and activities. In particular, that concept should be understood to refer to information, irrespective of its form, that under the applicable law is either itself illegal, such as illegal hate speech or terrorist content and unlawful discriminatory content, or that relates to activities that are illegal, such as the sharing of images depicting child sexual abuse, unlawful non- consensual sharing of private images, online stalking, the sale of non-compliant or counterfeit products, the non-authorised use of copyright protected material or activities involving infringements of consumer protection law. In this regard, it is immaterial whether the illegality of the information or activity results from Union law or from national law that is consistent with Union law, including the EU Charter on Fundamental Rights and what the precise nature or subject matter is of the law in question.

2021/07/08
Committee: IMCO

Proposal for a regulation
Recital 47

(47) The misuse of services of online platforms by frequently providing manifestly illegal content or by frequently submitting manifestly unfounded notices or complaints under the mechanisms and systems, respectively, established under this Regulation undermines trust and harms the rights and legitimate interests of the parties concerned. Therefore, there is a need to put in place appropriate ~~and~~, proportionate and effective safeguards against such misuse. Information should be considered to be manifestly illegal content and notices or complaints should be considered manifestly unfounded where it is evident to a layperson, without any substantive analysis, that the content is illegal respectively that the notices or complaints are unfounded. Under certain conditions, online platforms should temporarily suspend their relevant activities in respect of the person engaged in abusive behaviour. This is without prejudice to the freedom by online platforms to determine their terms and conditions and establish stricter measures in the case of manifestly illegal content related to serious crimes. For reasons of transparency, this possibility should be set out, clearly and in sufficiently detail, in the terms and conditions of the online platforms. Redress should always be open to the decisions taken in this regard by online platforms and they should be subject to oversight by the competent Digital Services Coordinator. The rules of this Regulation on misuse should not prevent online platforms from taking other measures to address the provision of illegal content by recipients of their service or other misuse of their services, in accordance with the applicable Union and national law. Those rules are without prejudice to any possibility to hold the persons engaged in misuse liable, including for damages, provided for in Union or national law.

2021/07/20
Committee: JURI

Karen MELCHIOR, Stéphane SÉJOURNÉ, Liesje SCHREINEMACHER

Proposal for a regulation
Recital 48

(48) An online platform may in some instances become aware, such as through a notice by a notifying party or through its own voluntary measures, of information relating to certain activity of a recipient of the service, such as the provision of certain types of illegal content, that reasonably justify, having regard to all relevant circumstances of which the online platform is aware, the suspicion that the recipient may have committed, may be committing or is likely to commit a serious criminal offence involving a an imminent threat to the life or safety of person, notably when it concerns vulnerable users, such as offences specified in Directive 2011/93/EU of the European Parliament and of the Council44 . In such instances, the online platform should inform without delay the competent law enforcement authorities of such suspicion, providing upon request all relevant information available to it, including where relevant the content in question and an explanation of its suspicion and unless instructed otherwise, should remove or disable the content. Information obtained by a law enforcement or judicial authority of a Member State in accordance with this Article should not be used for any purpose other than those directly related to the individual serious criminal offence notified. This Regulation does not provide the legal basis for profiling of recipients of the services with a view to the possible identification of criminal offences by online platforms. Online platforms should also respect other applicable rules of Union or national law for the protection of the rights and freedoms of individuals when informing law enforcement authorities. _________________ 44Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (OJ L 335, 17.12.2011, p. 1).

2021/07/20
Committee: JURI

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Laurence FARRENG, Karen MELCHIOR, Marco ZULLO

Proposal for a regulation
Recital 13

(13) Considering the particular characteristics of the services concerned and the corresponding need to make the providers thereof subject to certain specific obligations, it is necessary to distinguish, within the broader category of providers of hosting services as defined in this Regulation, the subcategory of online platforms. Online platforms, such as social networks, content-sharing platforms, search engines, livestreaming platforms, messaging services or online marketplaces, should be defined as providers of hosting services that not only store information provided by the recipients of the service at their request, but that also disseminate that information to the public, again at their request. However, in order to avoid imposing overly broad obligations, providers of hosting services should not be considered as online platforms where the dissemination to the public is merely a minor and purely ancillary feature of another service and that feature cannot, for objective technical reasons, be used without that other, principal service, and the integration of that feature is not a means to circumvent the applicability of the rules of this Regulation applicable to online platforms. For example, the comments section in an online newspaper could constitute such a feature, where it is clear that it is ancillary to the main service represented by the publication of news under the editorial responsibility of the publisher.

2021/07/08
Committee: IMCO

Proposal for a regulation
Recital 50

(50) To ensure an efficient and adequate application of that obligation, without imposing any disproportionate burdens, the online platforms covered should make reasonable efforts to verify the reliability of the information provided by the traders concerned, in particular by using freely available official online databases and online interfaces, such as national trade registers and the VAT Information Exchange System45 , or by requesting the traders concerned to provide trustworthy supporting documents, such as copies of identity documents, certified bank statements, company certificates and trade register certificates. They may also use other sources, available for use at a distance, which offer a similar degree of reliability for the purpose of complying with this obligation. However, the online platforms covered should not be required to engage in excessive or costly online fact-finding exercises or to carry out verifications on the spot. Nor should such online platforms, which have made the reasonable efforts required by this Regulation, be understood as guaranteeing the reliability of the information towards consumer or other interested parties. Such online platforms should also design and organise their online interface in a user- friendly way that enables traders to comply with their obligations under Union law, in particular the requirements set out in Articles 6 and 8 of Directive 2011/83/EU of the European Parliament and of the Council46 , Article 7 of Directive 2005/29/EC of the European Parliament and of the Council47 and Article 3 of Directive 98/6/EC of the European Parliament and of the Council48 . The online interface should allow traders to provide the information referred to in Article 22a of this Regulation, the information referred to in Article 6 of Directive2011/83/EU on Consumers Rights, information on sustainability of products, and information allowing for the unequivocal identification of the product or the service, including labelling requirements, in compliance with legislation on product safety and product compliance. _________________ 45 https://ec.europa.eu/taxation_customs/vies/ vieshome.do?selectedLanguage=en 46Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council 47Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) 48Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers

2021/07/20
Committee: JURI

Proposal for a regulation
Recital 13

(13) Considering the particular characteristics of the services concerned and the corresponding need to make the providers thereof subject to certain specific obligations, it is necessary to distinguish, within the broader category of providers of hosting services as defined in this Regulation, the subcategory of online platforms. Online platforms, such as social networks or, search engines, online marketplaces, and messaging services used as sales channels should be defined as providers of hosting services that not only store information provided by the recipients of the service at their request, but that also disseminate that information to the public, again at their request. However, in order to avoid imposing overly broad obligations, providers of hosting services should not be considered as online platforms where the dissemination to the public is merely a minor and purely ancillary feature of another service and that feature cannot, for objective technical reasons, be used without that other, principal service, and the integration of that feature is not a means to circumvent the applicability of the rules of this Regulation applicable to online platforms. For example, the comments section in an online newspaper could constitute such a feature, where it is clear that it is ancillary to the main service represented by the publication of news under the editorial responsibility of the publisher.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Recital 13 a (new)

(13a) Additionally in order to avoid imposing obligations simultaneously on two providers for the same content, a hosting service should only be deemed an online platform when it has a direct relationship with the recipient of the service. A hosting provider who is acting as the infrastructure for an online platform should not be considered as an online platform based on this relationship, where it implements the decisions of the online platform and its user indirectly.

2021/07/08
Committee: IMCO

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Recital 50 a (new)

(50 a) Providers of online marketplaces should demonstrate their best efforts to prevent the dissemination by traders of illegal products and services. In compliance with the no general monitoring principle, providers should inform recipients when the service or product they have acquired through their services is illegal. Once notified of an illegal product or service as foreseen in Article 14, providers of online marketplaces should take effective and proportionate measures to prevent such products or services from reappearing on their online marketplace.

2021/07/20
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Recital 13 b (new)

(13b) For the purpose of this Regulation, a cloud computing service should not considered as an ‘online platform’ where allowing the dissemination of hyperlinks to a specific content is a minor and ancillary feature. Moreover a cloud computing service when serving as infrastructure, for example as the underlining infrastructural storage and computing services of an internet- based application or online platform, should not in itself be seen as disseminating to the public information stored or processed at the request of a recipient of an application or online platform which it hosts.

2021/07/08
Committee: IMCO

Proposal for a regulation
Recital 52

(52) Online advertisement plays an important role in the online environment, including in relation to the provision of the services of online platforms. However, online advertisement can contribute to significant risks, ranging from advertisement that is itself illegal content, to contributing to financial incentives for the publication or amplification of illegal or otherwise harmful content and activities online, or the discriminatory display of advertising with an impact on the equal treatment and opportunities of citizens. In addition to the requirements resulting from Article 6 of Directive 2000/31/EC, online platforms should therefore be required to ensure that the recipients of the service have certain individualised information necessary for them to understand when and on whose behalf the advertisement is displayed. In addition, recipients of the service should have an easy access to information on the main parameters used for determining that specific advertising is to be displayed to them, providing meaningful explanations of the logic used to that end, including when this is based on profiling. The requirements of this Regulation on the provision of information relating to advertisement is without prejudice to the application of the relevant provisions of Regulation (EU) 2016/679, in particular those regarding the right to object, automated individual decision- making, including profiling and specifically the need to obtain consent of the data subject prior to the processing of personal data for targeted advertising. Similarly, it is without prejudice to the provisions laid down in Directive 2002/58/EC in particular those regarding the storage of information in terminal equipment and the access to information stored therein.

2021/07/20
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Recital 14

(14) The concept of ‘dissemination to the public’, as used in this Regulation, should entail the making available of information to a potentially unlimited number of persons, that is, making the information easily accessible to users in general without further action by the recipient of the service providing the information being required, irrespective of whether those persons actually access the information in question. The mere possibility to create groups of users of a given service should not, in itself, be understood to mean that the information disseminated in that manner is not disseminated to the public. However, the concept should exclude dissemination of information within closed groups consisting of a finite number of pre- determined persons. Interpersonal communication services, as defined in Directive (EU) 2018/1972 of the European Parliament and of the Council,39 such as emails or private messaging services, fall ~~outside~~ing within the scope of this Regulation should not be seen as disseminating to the public. Information should be considered disseminated to the public within the meaning of this Regulation only where that occurs upon the direct request by the recipient of the service that provided the information. Where multiple providers are involved in the dissemination of an information to the public, the obligations related to that disseminated should lay with the outward facing provider closest in relations to the accessibility by the end user recipient of the final service __________________ 39Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Recast), OJ L 321, 17.12.2018, p. 36

2021/07/08
Committee: IMCO

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Recital 57

(57) Three categories of systemic risks should be assessed in-depth. A first category concerns the risks associated with the misuse of their service through the dissemination of illegal content, such as the dissemination of child sexual abuse material or illegal hate speech, and the conduct of illegal activities, such as the sale of products or services prohibited by Union or national law, including counterfeit products. For example, and without prejudice to the personal responsibility of the recipient of the service of very large online platforms for possible illegality of his or her activity under the applicable law, such dissemination or activities may constitute a significant systematic risk where access to such content may be amplified through accounts with a particularly wide reach. A second category concerns the impact of the service on the exercise of fundamental rights, as protected by the Charter of Fundamental Rights, including the freedom of expression and information, the right to private life, the right to non-discrimination, the right to gender equality and the rights of the child. Such risks may arise, for example, in relation to the design of the algorithmic systems used by the very large online platform or the misuse of their service through the submission of abusive notices or other methods for silencing speech or hampering competition or the misuse of the platforms' terms and conditions, including content moderation policies, when enforced, often through automatic means. A third category of risks concerns the intentional and, oftentimes, coordinated manipulation of the platform’s service, with a foreseeable impact on health, fundamental rights, civic discourse, electoral processes, public security and protection of minors, having regard to the need to safeguard public order, protect privacy and fight fraudulent and deceptive commercial practices. Such risks may arise, for example, through the creation of fake accounts, the use of bots, and other automated or partially automated behaviours, which may lead to the rapid and widespread dissemination of information that is illegal content or incompatible with an online platform’s terms and conditions.

2021/07/20
Committee: JURI

Proposal for a regulation
Recital 58

(58) Very large online platforms should deploy the necessary means to diligently mitigate the systemic risks identified in the risk assessment. Very large online platforms should under such mitigating measures consider, for example, enhancing or otherwise adapting the design and functioning of their content moderation, algorithmic recommender systems and online interfaces, so that they discourage and limit the dissemination of illegal content, ~~adapting their decision-making processes, or adapting their terms and condition~~prevent the manipulation and exploitation of the service, including by the amplification of content which is counter to their terms and conditions, adapting their decision-making processes, or adapting their terms and conditions and content moderation policies and how those policies are enforced, while being fully transparent to the users. They may also include corrective measures, such as discontinuing advertising revenue for specific content, or other actions, such as improving the visibility of authoritative information sources, including by displaying related public service advertisements instead of other commercial advertisements. Very large online platforms may reinforce their internal processes or supervision of any of their activities, in particular as regards the detection of systemic risks. They may also initiate or increase cooperation with trusted flaggers, organise training sessions and exchanges with trusted flagger organisations, and cooperate with other service providers, including by initiating or joining existing codes of conduct or other self-regulatory measures. Any measures adopted should respect the due diligence requirements of this Regulation and be effective and appropriate for mitigating the specific risks identified, in the interest of safeguarding public order, protecting privacy and fighting fraudulent and deceptive commercial practices, and should be proportionate in light of the very large online platform’s economic capacity and the need to avoid unnecessary restrictions on the use of their service, taking due account of potential negative effects on the fundamental rights of the recipients of the service.

2021/07/20
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Recital 18

(18) The exemptions from liability established in this Regulation should not apply where, instead of confining itself to providing the services neutrally, by a merely technical and automatic processing of the information provided by the recipient of the service, the provider of intermediary services plays an active role of such a kind as to give it knowledge of, or control over, that information. The mere ranking or displaying in an order, or the use of a recommender system should not, however, be deemed as having control over an information. Those exemptions should accordingly not be available in respect of liability relating to information provided not by the recipient of the service but by the provider of intermediary service itself, including where the information has been developed under the editorial responsibility of that provider.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Recital 21

(21) A provider should be able to benefit from the exemptions from liability for ‘mere conduit’ and for ‘caching’ services when it is in no way involved with the information transmitted. This requires, among other things, that the provider does not modify the information that it transmits. However, this requirement should not be understood to cover manipulations of a technical nature which take place in the course of the transmission, as such manipulations do not alter the integrity of the information transmitted. It also should not be understood to cover the ranking or sorting of information to make it accessible to a user or actions required to ensure the security of the transmissions.

2021/07/08
Committee: IMCO

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Recital 22

(22) In order to benefit from the exemption from liability for hosting services, the provider should, upon obtaining actual knowledge or awareness of illegal content, act expeditiously to remove or to disable access to that content. The hosting services must take into account the harm that can potentially occur and act proportionally. The removal or disabling of access should be undertaken in the observance of the principle of freedom of expression. The provider can obtain such actual knowledge or awareness through, in particular, its own-initiative investigations or notices submitted to it by individuals or entities in accordance with this Regulation in so far as those notices are sufficiently precise and adequately substantiated to allow a diligent economic operator to reasonably identify, assess and where appropriate act against the allegedly illegal content.

2021/07/08
Committee: IMCO

Proposal for a regulation
Recital 63

(63) Advertising systems used by very large online platforms pose particular risks 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. 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. In addition, very large online platforms should label any known deep fake videos, audio or other files.

2021/07/19
Committee: JURI

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Recital 64

(64) In order to appropriately supervise the compliance of very large online platforms with the obligations laid down by this Regulation, the Digital Services Coordinator of establishment or the Commission may require access to or reporting of specific data. Such a requirement may include, for example, the data necessary to assess the risks and possible harms brought about by the platform’s systems, data on the accuracy, functioning and testing of algorithmic systems for content moderation, recommender systems or advertising systems, or data on processes and outputs of content moderation or of internal complaint-handling systems within the meaning of this Regulation. Investigations by researchers on the evolution and severity of online systemic risks are particularly important for bridging information asymmetries and establishing a resilient system of risk mitigation, informing online platforms, Digital Services Coordinators, other competent authorities, the Commission and the public. This Regulation therefore provides a framework for compelling access to data from very large online platforms to vetted researchers, which mean the conditions set out in this Regulation. All requirements for access to data under that framework should be proportionate and appropriately protect the rights and legitimate interests, including trade secrets and other confidential information, of the platform and any other parties concerned, including the recipients of the service.

2021/07/19
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Recital 23

(23) In order to ensure the effective protection of consumers when engaging in intermediated commercial transactions online, certain providers of hosting services, namely, online marketplaces which are online platforms that allow consumers to conclude distance contracts with traders on the online platform itself, should not be able to benefit from the exemption from liability for hosting service providers established in this Regulation, in so far as those online ~~platform~~marketplaces present the relevant information relating to the transactions at issue in such a way that it leads consumers to believe that the information was provided by those online platforms themselves or by recipients of the service acting under their authority or control, and that those online platforms thus have knowledge of or control over the information, even if that may in reality not be the case. This may include the storage, packing and shipment of a good from a warehouse under the control of the online marketplace. In that regard, is should be determined objectively, on the basis of all relevant circumstances, whether the presentation could lead to such a belief on the side of an average and reasonably well- informed consumer.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Karen MELCHIOR, Laurence FARRENG

Proposal for a regulation
Recital 25

(25) In order to create legal certainty and not to discourage activities aimed at detecting, identifying and acting against illegal content that providers of intermediary services may undertake on a voluntary basis, it should be clarified that the mere fact that providers undertake such activities does not lead to the unavailability of the exemptions from liability set out in this Regulation, provided those activities are carried out in good faith and in a diligent manner. In addition, it is appropriate to clarify that the mere fact that those providers take measures, in good faith, to comply with the requirements of Union law, including those set out in this Regulation as regards the implementation of their terms and conditions, should not lead to the unavailability of those exemptions from liability. Therefore, any such activities and measures that a given provider may have taken should not be taken into account when determining whether the provider can rely on an exemption from liability, in particular as regards whether the provider provides its service neutrally and can therefore fall within the scope of the relevant provision, without this rule however implying that the provider can necessarily rely thereon.deleted

2021/07/08
Committee: IMCO

Paul TANG, Patrick BREYER, Karen MELCHIOR, Rasmus ANDRESEN, Kim VAN SPARRENTAK

Proposal for a regulation
Article 2 a (new)

Article 2 a Targeting of digital advertising 1. Providers of information society services shall not collect or process personal data as defined by Regulation (EU) 2016/679 for the purpose of determining the recipients to whom advertisements are displayed. 2. This provision shall not prevent information society services from determining the recipients to whom advertisements are displayed on the basis of contextual information such as keywords, the language setting communicated by the device of the recipient or the geographical region of the recipients to whom an advertisement is displayed. 3. The use of the contextual information referred to in paragraph2 shall only be permissible if it does not allow for the direct or, by means of combining it with other information, indirect identification of one or more natural persons, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person or persons.

2021/06/10
Committee: LIBE

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Recital 27

(27) Since 2000, new technologies have emerged that improve the availability, efficiency, speed, reliability, capacity and security of systems for the transmission and storage of data online, leading to an increasingly complex online ecosystem. In this regard, it should be recalled that providers of services establishing and facilitating the underlying logical architecture and proper functioning of the internet, including technical auxiliary functions, can also benefit from the exemptions from liability set out in this Regulation, to the extent that their services qualify as ‘mere conduits’, ‘caching’ or hosting services. Such services include, as the case may be and among others, wireless local area networks, domain name system (DNS) services, top–level domain name registries, certificate authorities that issue digital certificates, Virtual Private Networks, or content delivery networks, that enable or improve the functions of other providers of intermediary services. Likewise, services used for communications purposes, and the technical means of their delivery, have also evolved considerably, giving rise to online services such as Voice over IP, messaging services and web-based e-mail services, where the communication is delivered via an internet access service. Those services, too, can benefit from the exemptions from liability, to the extent that they qualify as ‘mere conduit’, ‘caching’ or hosting service.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Recital 27 a (new)

(27a) A single webpage or website may include elements that qualify differently between ‘mere conduit’, ‘caching’ or hosting services and the rules for exemptions from liability should apply to each accordingly. For example, a search engine may act solely as a ‘caching’ service as to information included in the results of an inquiry. Elements displayed alongside those results, such as online advertisements, would however still meet the standard of a hosting service.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Recital 28

(28) Providers of intermediary services should not be subject to a monitoring obligation with respect to obligations of a general nature. This does not concern monitoring obligations in a specific case, where set down in Union acts and, in particular, does not affect orders by national authorities in accordance with national legislation that implements Union acts, in accordance with the conditions established in this Regulation and other Union law regarded as lex specialis. Nothing in this Regulation should be construed as an imposition of a general monitoring obligation or active fact-finding obligation, or as a general obligation for providers to take proactive measures to relation to illegal content. Equally, nothing in this Regulation should prevent providers from enacting end-to-end encrypting of their services.

2021/07/08
Committee: IMCO

Proposal for a regulation
Recital 28

(28) Providers of intermediary services should not be subject to a monitoring obligation with respect to obligations of a general nature. This does not concern monitoring obligations in a specific case and, in particular, does not affect orders by national authorities in accordance with national legislation, in accordance with the conditions established in this Regulation. Nothing in this Regulation should be construed as an imposition of a general monitoring obligation or active fact-finding obligation, or as a general obligation for providers to take proactive measures to relation to illegal content. This should be without prejudice to decisions of Member States to require service providers, who host information provided by users of their service, to apply due diligence measures.

2021/07/08
Committee: IMCO

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Recital 76

(76) In the absence of a general requirement for providers of intermediary services to ensure a physical presence within the territory of one of the Member States, there is a need to ensure clarity under which Member State's jurisdiction those providers fall for the purposes of enforcing the rules laid down in Chapters III and IV and Article 8 and 9 by the national competent authorities. A provider should be under the jurisdiction of the Member State where its main establishment is located, that is, where the provider has its head office or registered office within which the principal financial functions and operational control are exercised. In respect of providers that do not have an establishment in the Union but that offer services in the Union and therefore fall within the scope of this Regulation, the Member State where those providers appointed their legal representative should have jurisdiction, considering the function of legal representatives under this Regulation. In the interest of the effective application of this Regulation, all Member States should, however, have jurisdiction in respect of providers that failed to designate a legal representative, provided that the principle of ne bis in idem is respected. To that aim, each Member State that exercises jurisdiction in respect of such providers should, without undue delay, inform all other Member States of the measures they have taken in the exercise of that jurisdiction.

2021/07/19
Committee: JURI

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Recital 78

(78) Member States should set out in their national law, in accordance with Union law and in particular this Regulation and the Charter, the detailed conditions and limits for the exercise of the investigatory and enforcement powers of their Digital Services Coordinators, and other competent authorities where relevant, under this Regulation. In order to ensure coherence between the Member States, the Commission should adopt guidance on the procedures and rules related to the powers of Digital Services Coordinators.

2021/07/19
Committee: JURI

Proposal for a regulation
Recital 28

(28) Providers of intermediary services should not be subject to a monitoring obligation with respect to obligations of a general nature. This does not concern monitoring obligations in a specific case and~~, in particular,~~ does not affect orders by national authorities in accordance with national legislation, in accordance with the conditions established in this Regulation. Nothing in this Regulation should be construed as an imposition of a general monitoring obligation or active fact-finding obligation, or as a general obligation for providers to take proactive measures to relation to illegal content.

2021/07/08
Committee: IMCO

Proposal for a regulation
Recital 85

(85) Where a Digital Services Coordinator requests another Digital Services Coordinator to take action, the requesting Digital Services Coordinator, or the Board in case it issued a recommendation to assess issues involving more than ~~three~~four Member States, should be able to refer the matter to the Commission in case of any disagreement as to the assessments or the measures taken or proposed or a failure to adopt any measures. TIf the Commission believes that the Digital Services Coordinator of establishment has not at least partially addressed the request or has not fully justified its decision to not address the request, the Commission, on the basis of the information made available by the concerned authorities, should accordingly be able to request the competent Digital Services Coordinator to re-assess the matter and take the necessary measures to ensure compliance within a defined time period. This possibility is without prejudice to the Commission’s general duty to oversee the application of, and where necessary enforce, Union law under the control of the Court of Justice of the European Union in accordance with the Treaties. A failure by the Digital Services Coordinator of establishment to take any measures pursuant to such a request may also lead to the Commission’s intervention under Section 3 of Chapter IV of this Regulation, where the suspected infringer is a very large online platform.

2021/07/19
Committee: JURI

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Laurence FARRENG, Karen MELCHIOR, Marco ZULLO

Proposal for a regulation
Recital 29

(29) Depending on the legal system of each Member State and the field of law at issue, national judicial or administrative authorities may order providers of intermediary services to act against certain specific items of illegal content or to provide certain specific items of information. The national laws in conformity with the Union law, including the EU Charter on Fundamental Rights on the basis of which such orders are issued differ considerably and the orders are increasingly addressed in cross-border situations. In order to ensure that those orders can be complied with in an effective and efficient manner, so that the public authorities concerned can carry out their tasks and the providers are not subject to any disproportionate burdens, without unduly affecting the rights and legitimate interests of any third parties, it is necessary to set certain conditions that those orders should meet and certain complementary requirements relating to thensure the effective processing of those orders.

2021/07/08
Committee: IMCO

Lina GÁLVEZ, Alicia HOMS GINEL, Robert HAJŠEL, Carlos ZORRINHO, Andris AMERIKS, Nicolás GONZÁLEZ CASARES, Romana JERKOVIĆ, Eva KAILI, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Karen MELCHIOR

Proposal for a regulation
Recital 88

(88) In order to ensure a consistent application of this Regulation, it is necessary to set up an independent advisory group at Union level and with legal personality, which should support the Commission and help coordinate the actions of Digital Services Coordinators. That European Board for Digital Services should consist of the Digital Services Coordinators, without prejudice to the possibility for Digital Services Coordinators to invite in its meetings or appoint ad hoc delegates from other competent authorities entrusted with specific tasks under this Regulation, where that is required pursuant to their national allocation of tasks and competences. In case of multiple participants from one Member State, the voting right should remain limited to ~~one representative per Member State~~the Member State´s Digital Services Coordinator.

2021/07/19
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Recital 29

(29) Depending on the legal system of each Member State and the field of law at issue, national judicial or administrative authorities may order providers of intermediary services to act against certain specific items of illegal content or to provide certain specific items of information. The national laws on the basis of which such orders are issued differ considerably and the orders are increasingly addressed in cross-border situations. In order to ensure that those orders can be complied with in an effective and efficient manner, so that the public authorities concerned can carry out their tasks and the providers are not subject to any disproportionate burdens, without unduly affecting the rights and legitimate interests of any third parties, it is necessary to set certain conditions that those orders should meet and certain complementary requirements relating to the effective processing of those orders.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN

Proposal for a regulation
Recital 30

(30) Orders to act against illegal content or to provide information should be issued in compliance with Union law, in particular Regulation (EU) 2016/679 and the prohibition of general obligations to monitor information or to actively seek facts or circumstances indicating illegal activity laid down in this Regulation. The conditions and requirements laid down in this Regulation which apply to orders to act against illegal content are without prejudice to other Union acts providing for similar systems for acting against specific types of illegal content, such as Regulation (EU) …/…. [proposed Regulation addressing the dissemination of terrorist content online], or Regulation (EU) 2017/2394 that confers specific powers to order the provision of information on Member State consumer law enforcement authorities, whilst the conditions and requirements that apply to orders to provide information are without prejudice to other Union acts providing for similar relevant rules for specific sectors. Those conditions and requirements should be without prejudice to retention and preservation rules under applicable national law, in conformity with Union law and confidentiality requests by law enforcement authorities related to the non- disclosure of information. Nevertheless, the same relevant protections for providers and users granted in the Regulation (EU) …/…. [proposed Regulation addressing the dissemination of terrorist content online] should be provided here in order to ensure equivalent rules and protections for all types of content and information covered by such orders. This includes the ability of a provider to challenge an order before its Digital Services Coordinator of establishment and to seek a decision as to the effect to be given to the order. Digital Services Coordinator of establishment should be able to take a decision to suspend or limit the application of the order, where it views it as in conflict with Union or its national law.

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 14 – paragraph 2 – point d

(d) a statement confirming the ~~good faith belief~~best knowledge of the individual or entity submitting the notice that the information and allegations contained therein are accurate and complete.

2021/06/24
Committee: ITRE

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Karen MELCHIOR

Proposal for a regulation
Recital 31

(31) The territorial scope of such orders to act against illegal content should be clearly set out on the basis of the applicable Union or national law enabling the issuance of the order and should not exceed what is strictly necessary to achieve its objectives. In that regard, the national judicial or administrative authority issuing the order should balance the objective that the order seeks to achieve, in accordance with the legal basis enabling its issuance, with the rights and legitimate interests of all third parties that may be affected by the order, in particular their fundamental rights under the Charter. In addition, where the order referring to the specific information may have effects beyond the territory of the Member State of the authority concerned, the authority should assess whether the information at issue is likely to constitute manifestly illegal content in the majority of other Member States concerned and if the content is illegal within the Member State of establishment of a hosting provider and, where relevant, take account of the relevant rules of national, Union law or international law and the interests of international comity.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Karen MELCHIOR, Laurence FARRENG

Proposal for a regulation
Recital 31

(31) The territorial scope of such orders to act against illegal content should be clearly set out on the basis of the applicable Union or national law in conformity with the Union law, including the EU Charter on Fundamental Rights enabling the issuance of the order and should not exceed what is strictly necessary to achieve its objectives. In that regard, the national judicial or administrative authority issuing the order should balance the objective that the order seeks to achieve, in accordance with the legal basis enabling its issuance, with the rights and legitimate interests of all third parties that may be affected by the order, in particular their fundamental rights under the Charter. In addition, where the order referring to the specific information may have effects beyond the territory of the Member State of the authority concerned, the authority should assess whether the information at issue is likely to constitute illegal content in other Member States concerned and, where relevant, take account of the relevant rules of national, Union law or international law and the interests of international comity.

2021/07/08
Committee: IMCO

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Recital 97 a (new)

(97 a) The Commission should ensure that it is independent and impartial in its decision making in regards to both Digital Services Coordinators and providers of services under this Regulation.

2021/07/19
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Recital 98

(98) In view of both the particular challenges that may arise in seeking to ensure compliance by very large online platforms and the importance of doing so effectively, considering their size and impact and the harms that they may cause, the Commission should have strong investigative and enforcement powers to allow it to investigate, enforce and monitor certain of the rules laid down in this Regulation, in full respect of the principle of proportionality and the rights and interests of the affected parties, including the right to challenge any investigative requests before a judicial authority within the Member State of establishment.

2021/07/19
Committee: JURI

Proposal for a regulation
Recital 33

(33) Orders to act against illegal content and to provide information are subject to the rules safeguarding the competence of the Member State where the service provider addressed is established and laying down possible derogations from that competence in certain cases, set out in Article 3 of Directive 2000/31/EC, only if the conditions of that Article are met. Given that the orders in question relate to specific items of illegal content and information as defined in Union or national law, respectively, where they are addressed to providers of intermediary services established in another Member State, they do not in principle restrict those providers’ freedom to provide their services across borders. Therefore, the rules set out in Article 3 of Directive 2000/31/EC, including those regarding the need to justify measures derogating from the competence of the Member State where the service provider is established on certain specified grounds and regarding the notification of such measures, do not apply in respect of those orders. Article 3 of Directive 200/31/EC, however, continues to apply to any other orders related to non-specific individual items of illegal or legal content or information, general orders related to geoblocking of whole websites, webpages, or domains and any other matter which could be seen as restricting the freedom to provide their service across border.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Marco ZULLO, Laurence FARRENG, Karen MELCHIOR

Proposal for a regulation
Recital 33

(33) Orders to act against illegal content and to provide information are subject to the rules safeguarding the competence of the Member State where the service provider addressed is established and laying down possible derogations from that competence in certain cases, set out in Article 3 of Directive 2000/31/EC, only if the conditions of that Article are met. Given that the orders in question relate to specific items of illegal content and information as defined in Union or national law in conformity with the Union law, including the EU Charter on Fundamental Rights, respectively, where they are addressed to providers of intermediary services established in another Member State, they do not in principle restrict those providers’ freedom to provide their services across borders. Therefore, the rules set out in Article 3 of Directive 2000/31/EC, including those regarding the need to justify measures derogating from the competence of the Member State where the service provider is established on certain specified grounds and regarding the notification of such measures, do not apply in respect of those orders.

2021/07/08
Committee: IMCO

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Recital 99

(99) In particular, the Commission, where it can show grounds for believing that a very large online platform is not compliant with this Regulation, should have access to any relevant documents, data and information necessary to open and conduct investigations and to monitor the compliance with the relevant obligations laid down in this Regulation, irrespective of who possesses the documents, data or information in question, and regardless of their form or format, their storage medium, or the precise place where they are stored. The Commission should be able to directly require that the very large online platform concerned or relevant third parties, or than individuals, provide any relevant evidence, data and information related to those concerns. In addition, the Commission should be able to request any relevant information from any public authority, body or agency within the Member State, or from any natural person or legal person for the purpose of this Regulation. The Commission should be empowered to require access to, and explanations relating to, data-bases and algorithms of relevant persons, and to interview, with their consent, any persons who may be in possession of useful information and to record the statements made. The Commission should also be empowered to undertake such inspections as are necessary to enforce the relevant provisions of this Regulation. Those investigatory powers aim to complement the Commission’s possibility to ask Digital Services Coordinators and other Member States’ authorities for assistance, for instance by providing information or in the exercise of those powers.

2021/07/19
Committee: JURI

Karen MELCHIOR, Samira RAFAELA, Hilde VAUTMANS, Michal ŠIMEČKA, Ivars IJABS, Anna Júlia DONÁTH, Olivier CHASTEL, Fabienne KELLER, Petras AUŠTREVIČIUS, Irène TOLLERET, Ramona STRUGARIU, Barry ANDREWS, Susana SOLÍS PÉREZ, Dragoş PÎSLARU, Katalin CSEH

Proposal for a regulation
Recital 34

(34) In order to achieve the objectives of this Regulation, and in particular to improve the functioning of the internal market and ensure a safe and transparent online environment, it is necessary to establish a clear and balanced set of harmonised due diligence obligations for providers of intermediary services. Those obligations should aim in particular to guarantee different public policy objectives such as the safety, health and trust of the recipients of the service, including minors, women and vulnerable users, protect the relevant fundamental rights enshrined in the Charter, to ensure meaningful accountability of those providers and to ~~empower~~provide recourse to recipients and other affected parties, whilst facilitating the necessary oversight by competent authorities.

2021/07/08
Committee: IMCO

Proposal for a regulation
Recital 104

(104) In order to fulfil the objectives of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to supplement this Regulation. In particular, delegated acts should be adopted in respect of criteria for identification of very large online platforms and of technical specifications for access requests. It is also equally important that, when standardisation bodies are unable to agree the standards needed to implement this Regulation fully, the Commission chooses to adopt delegated acts. It is of particular importance that the Commission carries out appropriate consultations and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

2021/07/19
Committee: JURI

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

1. This Regulation lays down harmonised rules on the provision of intermediary services in ~~the internal market~~order to improve the functioning of the internal market whilst ensuring the rights enshrined in the Charter of Fundamental Rights of the European Union, in particular the freedom of expression and information in an open and democratic society. In particular, it establishes:

2021/07/19
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
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 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 comply with all of the corresponding obligations of this Regulation in relations to those services. Services that do not fall within those different categories should not be effected, even when provided by the same provider or under the same ownership structure. 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 and protecting fundamental rights online.

2021/07/08
Committee: IMCO

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 1 – paragraph 2 – point b

(b) set out uniform harmonised rules for a safe, predictable, accessible and trusted online environment, where fundamental rights enshrined in the Charter are effectively protected.

2021/07/19
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Recital 35 a (new)

(35a) Similarly, in order to ensure that the obligations are only applied to those providers of intermediary services where the benefit would outweigh the burden on the provider, the Commission should be empowered to issue a waiver to the requirements of Chapter III, in whole or in parts, to those providers of intermediary services that are non-for- profit or equivalent and serve a manifestly positive role in the public interest, or are SMEs without any systemic risk related to illegal content. The providers should present justified reasons for why they should be issued a waiver. The Commission should examine such an application and has the authority to issue or revoke a waiver at any time. The Commission should maintain a public list of all waiver issued and their conditions containing a description on why the provider is justified a waiver.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Marco ZULLO, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Recital 36

(36) In order to facilitate smooth and efficient communications relating to matters covered by this Regulation, providers of intermediary services should be required to establish a single point of contact and to publish relevant information relating to their point of contact, including the languages to be used in such communications. The point of contact can also be used by trusted flaggers and by professional entities which are under a specific relationship with the provider of intermediary services. This contact point maybe the same contact point as required under other Union acts. In contrast to the legal representative, the point of contact should serve operational purposes and should not necessarily have to have a physical location .

2021/07/08
Committee: IMCO

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 1 – paragraph 4 a (new)

4 a. This Regulation shall respect the fundamental rights recognised by the Charter of Fundamental rights of the European Union and the fundamental rights constituting general principles of Union law. Accordingly, this Regulation may only be interpreted and applied in accordance with those fundamental rights, including the freedom of expression and information, as well as the freedom and pluralism of the media. When exercising the powers set out in this Regulation, all public authorities involved shall aim to achieve, in situations where the relevant fundamental rights conflict, a fair balance between the rights concerned, in accordance with the principle of proportionality.

2021/07/19
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 5 – point b

(b) Directive 2010/13/ECU as amended by Directive 2018/1808/EU;

2021/07/19
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN

Proposal for a regulation
Recital 37

(37) Providers of intermediary services that are established in a third country that offer services in the Union should designate a sufficiently mandated legal representative in the Union and provide information relating to their legal representatives, so as to allow for the effective oversight and, where necessary, enforcement of this Regulation in relation to those providers. It should be possible for the legal representative to also function as point of contact, provided the relevant requirements of this Regulation are complied with. Where providers of intermediary services that are established in a third country chooses not to do not, it becomes subject to the jurisdiction of all Member States, in accordance with Article 40(3).

2021/07/08
Committee: IMCO

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 1 – paragraph 5 – point c

(c) Union law on copyright and related rights, in particular Directive (EU) 2019/790 on Copyright and Related Rights in Digital Single Market;

2021/07/19
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Recital 38

(38) Whilst the freedom of contract of providers of intermediary services should in principle be respected, it is appropriate to set certain rules on the content, application and enforcement of the terms and conditions of those providers in the interests of transparency, the protection of recipients of the service and the avoidance of unfair or arbitrary outcomes. At the same time, recipients should enter into such agreements willingly without any misleading or coercive tactics and therefore a ban on dark patterns should be introduced.

2021/07/08
Committee: IMCO

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 1 – paragraph 5 – point h

(h) Union law on consumer protection and product safety, including Regulation (EU) 2017/2394, Regulation (EU) 2019/1020 and Regulation XXX (General Product Safety Regulation);

2021/07/19
Committee: JURI

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 1 – paragraph 5 – point i a (new)

(i a) Directive (EU) 2019/882

2021/07/19
Committee: JURI

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 1 – paragraph 5 a (new)

5 a. The Commission shall by [within one year of the adoption of this Regulation] publish guidelines with regard to the relations between this Regulation and legislative acts listed in Article 1(5). These guidelines shall clarify any potential conflicts between the conditions and obligations listed in those legislative acts and which act prevails where actions, in line with this Regulation, fulfil the obligations of another legislative act and which regulatory authority is competent.

2021/07/19
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Recital 39

(39) To ensure an adequate level of transparency and accountability, providers of intermediary services should annually report, in accordance with the harmonised requirements contained in this Regulation, on the content moderation they engage in, including the measures taken as a result of the application and enforcement of their terms and conditions. However, so as to avoid disproportionate burdens, those transparency reporting obligations should not apply to providers that are micro- or small enterprises as defined in Commission Recommendation 2003/361/EC.40 which do not also qualify as very large online platforms. In any public versions of such reports, providers of intermediary services should remove any information that may prejudice ongoing activities for the prevention, detection, or removal of illegal content or content counter to a hosting provider’s terms and conditions. __________________ 40 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p. 36).

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Article 2 – paragraph 1 – point g

(g) ‘illegal content’ means any information,, which, in itself or by its reference to an activity, including the sale of products or provision of services is not in compliance with Union law or the law of a Member State, irrespective of the precise subject matter or nature of that law; is not in compliance with Union law or the law of a Member State, irrespective of the precise subject matter or nature of that law or due to its connection to or promotion of an illegal activity, including the sale of products, substances, animals or plants, or provision of services, directly leads to the dissemination to the public of such an illegal content. Material disseminated for educational, journalistic, artistic or research purposes or for the purposes of preventing or countering illegal content including the content which represents an expression of polemic or controversial views in the course of public debate shall not be considered as illegal content. An assessment shall determine the true purpose of that dissemination and whether material is disseminated to the public for those purposes.

2021/07/19
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Recital 40 a (new)

(40a) Nevertheless, notices should be directed to the actor that has the technical and operational ability to act and the closest relationship to the recipient of the service that provided the information or content, such as to an online platform and not to the hosting service provider on which provides services to that online platform. Such hosting service providers should redirect such notices to the particular online platform and inform the notifying party of this fact.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Recital 40 b (new)

(40b) Moreover, hosting providers should seek to act only against the items of information notified. This may include acts such as disabling hyperlinking to the items of information. Where the removal or disabling of access to individual items of information is technically or operationally unachievable due to legal, contractual, or technological reasons, such as encrypted file and data storage and sharing services, hosting providers should inform the recipient of the service of the notification and seek action. If a recipient fails to act or delays action, or the provider has reason to believe has failed to act or otherwise acts in bad faith, the hosting provider may suspend their service in line with their terms and conditions.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Recital 41 a (new)

(41a) Where a hosting service provider decides to remove or disable information provided by a recipient of the service, either because it is illegal or is not allowed under its terms and conditions, it should do so in a timely manner, taking into account the potential harm the infraction and the technical abilities of the provider. Information that could have a negative effect on minors, women and vulnerable users such as those with protected characteristics under Article 21 of the Charter should be seen as a matter requiring urgency.

2021/07/08
Committee: IMCO

Proposal for a regulation
Recital 42

(42) Where a hosting service provider decides to remove or disable information provided by a recipient of the service, for instance following receipt of a notice or acting on its own initiative, including through the use of automated means, that have been proven to be efficient, proportionate and reliable, that provider should inform the recipient of its decision, the reasons for its decision and the available redress possibilities to contest the decision, in view of the negative consequences that such decisions may have for the recipient, including as regards the exercise of its fundamental right to freedom of expression. That obligation should apply irrespective of the reasons for the decision, in particular whether the action has been taken because the information notified is considered to be illegal content or incompatible with the applicable terms and conditions. Available recourses to challenge the decision of the hosting service provider should always include judicial redress. Such an statement, however, should not be required if it relates to spam, manifestly illegal content, removal of content similar or identical to content already removed from the same recipient who has already received a statement or where a provider of hosting service does not have the information necessary to inform the recipient by a durable medium.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Morten LØKKEGAARD, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Recital 42 a (new)

(42a) Due to the international nature of many providers of hosting services, many have already implemented similar requirements under the laws of third- party countries. In order to prevent a doubling of requirements and the removal of existing systems for recipients, the Commission should be empowered to declare these mechanisms as ensuring an adequate level of protection and fulfilling the requirements in Article 14 and Article 15.

2021/07/08
Committee: IMCO

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 2 – paragraph 1 – point q

(q) ‘terms and conditions’ means all terms and conditions or specifications by the service provider, irrespective of their name or form, which govern the contractual relationship between the provider of intermediary services and the recipients of the services, and are unilaterally determined by the provider of online intermediary services and that unilateral determination of terms and conditions is being evaluated on the basis of an overall assessment for which the relative size of the parties concerned, the fact that a negotiation took place, or that certain provisions thereof might have been subject to such a negotiation and determined together by the relevant provider and recipient are not, in themselves, decisive; or the rules laid down by the intermediary service provider under which users will be allowed to use the intermediation service concerned.

2021/07/19
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Recital 44

(44) Recipients of the service should be able to easily and effectively contest certain decisions of online platforms that negatively affect them. Therefore, online platforms should be required to provide for internal complaint-handling systems, which meet certain conditions aimed at ensuring that the systems are easily accessible and lead to swift and fair outcomes. In addition, provision should be made for the possibility of entering, in good faith, an out-of-court ~~dispute~~ settlement of disputes, including those that could not be resolved in satisfactory manner through the internal complaint-handling systems, by certified bodies located in either the Member State of the recipient or the provider and that have the requisite independence, means and expertise to carry out their activities in a fair, swift and cost- effective manner. The possibilities to contest decisions of online platforms thus created should complement, yet leave unaffected in all respects, the possibility to seek judicial redress in accordance with the laws of the Member State concerned.

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 2 – paragraph 1 – point q a (new)

(q a) ‘dark pattern’ means a user interface designed or manipulated with the substantial effect of subverting or impairing user autonomy, decision- making or choice.

2021/07/19
Committee: JURI

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 2 – paragraph 1 – point q b (new)

(q b) ‘deep fake’ means a generated or manipulated image, audio or video content that appreciably resembles existing persons,objects, places or other entities or events and falsely appears to a person to be authentic or truthful;

2021/07/19
Committee: JURI

Karen MELCHIOR, Stéphane SÉJOURNÉ, Liesje SCHREINEMACHER

Proposal for a regulation
Article 2 – paragraph 1 – point q b (new)

(q b) 'minor' means a child below the age of 16, as established in Regulation (EU) 2016/679.

2021/07/19
Committee: JURI

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 2 – paragraph 1 – point q c (new)

(q c) ‘persons with disabilities’ means persons with disabilities within the meaning of Article 3(1) of Directive (EU) 2019/882

2021/07/19
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Recital 46

(46) Action against illegal content can be taken more quickly and reliably where online platforms take the necessary measures to ensure that notices submitted by trusted flaggers through the notice and action mechanisms required by this Regulation are treated with priority, without prejudice to the requirement to process and decide upon all notices submitted under those mechanisms in a timely, diligent and objective manner. Such trusted flagger status should normally only be awarded to non-governmental entities, and not individuals, that have demonstrated, among other things, that they have particular expertise and competence in tackling illegal content, that they represent collective interests and that they work in a diligent and objective manner. Such entities, however, can be public in nature for actions not related to intellectual property rights, such as, for terrorist content, internet referral units of national law enforcement authorities or of the European Union Agency for Law Enforcement Cooperation (‘Europol’) or they can be non-governmental organisations and semi- public bodies, such as the organisations part of the INHOPE network of hotlines for reporting child sexual abuse material and organisations committed to notifying illegal racist and xenophobic expressions online. For intellectual property rights, non- governmental organisations of industry and of right- holders could be awarded trusted flagger status, where they have demonstrated that they meet the applicable conditions. The rules of this Regulation on trusted flaggers should not be understood to prevent online platforms from giving similar treatment to notices submitted by entities or individuals that have not been awarded trusted flagger status under this Regulation, from otherwise cooperating with other entities, in accordance with the applicable law, including this Regulation and Regulation (EU) 2016/794 of the European Parliament and of the Council.43 __________________ 43Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA, OJ L 135, 24.5.2016, p. 53

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Recital 47

(47) The misuse of services of online platforms by frequently providing manifestly illegal content or by frequently submitting manifestly unfounded notices or complaints under the mechanisms and systems, respectively, established under this Regulation undermines trust and harms the rights and legitimate interests of the parties concerned. Therefore, there is a need to put in place appropriate ~~and~~, proportionate and effective safeguards against such misuse. Information should be considered to be manifestly illegal content and notices or complaints should be considered manifestly unfounded where it is evident to a layperson, without any substantive analysis, that the content is illegal respectively that the notices or complaints are unfounded. Under certain conditions, online platforms should temporarily suspend their relevant activities in respect of the person engaged in abusive behaviour. This is without prejudice to the freedom by online platforms to determine their terms and conditions and establish stricter measures in the case of manifestly illegal content related to serious crimes. For reasons of transparency, this possibility should be set out, clearly and in sufficiently detail, in the terms and conditions of the online platforms. Redress should always be open to the decisions taken in this regard by online platforms and they should be subject to oversight by the competent Digital Services Coordinator. The rules of this Regulation on misuse should not prevent online platforms from taking other measures to address the provision of illegal content by recipients of their service or other misuse of their services, in accordance with the applicable Union and national law. Those rules are without prejudice to any possibility to hold the persons engaged in misuse liable, including for damages, provided for in Union or national law.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Marco ZULLO, Karen MELCHIOR, Laurence FARRENG

Proposal for a regulation
Recital 47

(47) The misuse of services of online platforms by frequently providing manifestly illegal content or by frequently submitting manifestly unfounded notices or complaints under the mechanisms and systems, respectively, established under this Regulation undermines trust and harms the rights and legitimate interests of the parties concerned. Therefore, there is a need to put in place appropriate ~~and~~, proportionate and effective safeguards against such misuse. Information should be considered to be manifestly illegal content and notices or complaints should be considered manifestly unfounded where it is evident to a layperson, without any substantive analysis, that the content is illegal respectively that the notices or complaints are unfounded. Under certain conditions, online platforms should temporarily suspend their relevant activities in respect of the person engaged in abusive behaviour. This is without prejudice to the freedom by online platforms to determine their terms and conditions and establish stricter measures in the case of manifestly illegal content related to serious crimes. For reasons of transparency, this possibility should be set out, clearly and in sufficiently detail, in the terms and conditions of the online platforms. Redress should always be open to the decisions taken in this regard by online platforms and they should be subject to oversight by the competent Digital Services Coordinator. The rules of this Regulation on misuse should not prevent online platforms from taking other measures to address the provision of illegal content by recipients of their service or other misuse of their services, in accordance with the applicable Union and national law. Those rules are without prejudice to any possibility to hold the persons engaged in misuse liable, including for damages, provided for in Union or national law.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Karen MELCHIOR, Laurence FARRENG, Marco ZULLO

Proposal for a regulation
Recital 48

(48) An online platform may in some instances become aware, such as through a notice by a notifying party or through its own voluntary measures, of information relating to certain activity of a recipient of the service, such as the provision of certain types of illegal content, that reasonably justify, having regard to all relevant circumstances of which the online platform is aware, the suspicion that the recipient may have committed, may be committing or is likely to commit a serious criminal offence involving a threat to the life or safety of person, notably when it concerns vulnerable users, such as offences specified in Directive 2011/93/EU of the European Parliament and of the Council44 . In such instances, the online platform should inform without delay the competent law enforcement authorities of such suspicion, providing all relevant information available to it, including where relevant the content in question and an explanation of its suspicion. This Regulation does not provide the legal basis for profiling of recipients of the services with a view to the possible identification of criminal offences by online platforms. Online platforms should also respect other applicable rules of Union or national law for the protection of the rights and freedoms of individuals when informing law enforcement authorities. __________________ 44Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (OJ L 335, 17.12.2011, p. 1).

2021/07/08
Committee: IMCO

Paul TANG, Karen MELCHIOR, Alexandra GEESE, Martin SCHIRDEWAN, Eva KAILI, Rasmus ANDRESEN, Kim VAN SPARRENTAK, Maria-Manuel LEITÃO-MARQUES, Ismail ERTUG, Cornelia ERNST, Birgit SIPPEL, Evelyn REGNER, Tiemo WÖLKEN, Alex AGIUS SALIBA, Lina GÁLVEZ, Marcel KOLAJA, Clare DALY

Proposal for a regulation
Article 13 a (new)

Article 13 a Targeting of digital advertising 1. Providers of intermediary services shall not collect or process personal data as defined by Regulation (EU) 2016/679 for the purpose of showing digital advertising. 2. This provision shall not prevent intermediary services from displaying targeted digital advertising based on contextual information such as keywords, the language setting communicated by the device of the recipient or the digital location where the advertisement is displayed. 3. The use of the contextual information referred to in paragraph 2 shall only be permissible if it does not allow for the direct or, by means of combining it with other information, indirect identification of a natural person or a clearly identifiable group of recipients/persons, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

2021/06/10
Committee: LIBE

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Karen MELCHIOR, Laurence FARRENG

Proposal for a regulation
Recital 48

(48) An online platform may in some instances become aware, such as through a notice by a notifying party or through its own voluntary measures, of information relating to certain activity of a recipient of the service, such as the provision of certain types of illegal content, that reasonably justify, having regard to all relevant circumstances of which the online platform is aware, the suspicion that the recipient may have committed, may be committing or is likely to commit a serious criminal offence involving a threat to the life, health or safety of person, such as offences specified in Directive 2011/93/EU of the European Parliament and of the Council44 . In such instances, the online platform should inform without delay the competent law enforcement authorities of such suspicion, providing all relevant information available to it, including where relevant the content in question and an explanation of its suspicion. This Regulation does not provide the legal basis for profiling of recipients of the services with a view to the possible identification of criminal offences by online platforms. Online platforms should also respect other applicable rules of Union or national law for the protection of the rights and freedoms of individuals when informing law enforcement authorities. __________________ 44Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (OJ L 335, 17.12.2011, p. 1).

2021/07/08
Committee: IMCO

Proposal for a regulation
Recital 48 a (new)

(48a) Where an online platform becomes aware of any information giving rise to a suspicion that a serious criminal offence involving a threat to the life or safety of persons has taken place, is taking place or is likely to take place, it should remove or disable the content and promptly inform the law enforcement or judicial authorities of the Member State or Member States concerned of its suspicion and provide all available relevant information.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Recital 49

(49) In order to contribute to a safe, trustworthy and transparent online environment for consumers, as well as for other interested parties such as competing traders and holders of intellectual property rights, and to deter traders from selling products or services in violation of the applicable rules, online ~~platforms allowing consumers to conclude distance contracts with trader~~marketplaces should ensure that such traders are traceable. The trader should therefore be required to provide certain essential information to the online platform, including for purposes of promoting messages on or offering products. That requirement should also be applicable to traders that promote messages on products or services on behalf of brands, based on underlying agreements. Those online ~~platform~~marketplaces should store all information in a secure manner for a reasonable period of time that does not exceed what is necessary and no longer than six months after the end of a relationship with the trader, so that it can be accessed, in accordance with the applicable law, including on the protection of personal data, by public authorities and private parties with a legitimate direct interest, including through the orders to provide information referred to in this Regulation.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Karen MELCHIOR, Laurence FARRENG

Proposal for a regulation
Recital 49

(49) In order to contribute to a safe, trustworthy and transparent online environment for consumers, as well as for other interested parties such as competing traders and holders of intellectual property rights, and to deter traders from selling products or services in violation of the applicable rules, online ~~platforms allowing consumers to conclude distance contracts with trader~~marketplaces should ensure that such traders are traceable. The trader should therefore be required to provide certain essential information to the ~~online platform~~providers of online marketplaces, including for purposes of promoting messages on or offering products. That requirement should also be applicable to traders that promote messages on products or services on behalf of brands, based on underlying agreements. Those online platforms should store all information in a secure manner for a reasonable period of time that does not exceed what is necessary, so that it can be accessed, in accordance with the applicable law, including on the protection of personal data, by public authorities and private parties with a legitimate interest, including through the orders to provide information referred to in this Regulation.

2021/07/08
Committee: IMCO

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 7 – paragraph 1

No general obligation to monitor the information which providers of intermediary services transmit or store, nor actively to seek facts or circumstances indicating illegal activity shall be imposed on those providers. This Regulation shall not prevent providers from offering end- to-end encrypted services. The provision of such services shall not constitute a reason for liability or for becoming ineligible for the exemptions from liability.

2021/07/19
Committee: JURI

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Karen MELCHIOR, Laurence FARRENG, Marco ZULLO

Proposal for a regulation
Recital 50

(50) To ensure an efficient and adequate application of that obligation, without imposing any disproportionate burdens, the ~~online platform~~providers of online marketplaces covered should make reasonable efforts to verify the reliability of the information provided by the traders concerned, in particular by using freely available official online databases and online interfaces, such as national trade registers and the VAT Information Exchange System45 , or by requesting the traders concerned to provide trustworthy supporting documents, such as copies of identity documents, certified bank statements, company certificates and trade register certificates. They may also use other sources, available for use at a distance, which offer a similar degree of reliability for the purpose of complying with this obligation. However, the ~~online platform~~providers of online marketplaces covered should not be required to engage in excessive or costly online fact-finding exercises or to carry out verifications on the spot. Nor should such ~~online platform~~providers, which have made the reasonable efforts required by this Regulation, be understood as guaranteeing the reliability of the information towards consumer or other interested parties. ~~Such online platform~~Providers of online marketplaces should also design and organise their online interface in a user- friendly way that enables traders to comply with their obligations under Union law, in particular the requirements set out in Articles 6 and 8 of Directive 2011/83/EU of the European Parliament and of the Council46 , Article 7 of Directive 2005/29/EC of the European Parliament and of the Council47 and Article 3 of Directive 98/6/EC of the European Parliament and of the Council48 . The online interface should allow traders to provide the information referred to in Article 22a of this Regulation, the information referred to in Article 6 of Directive 2011/83/EU on Consumers Rights, information on sustainability of products, and information allowing for the unequivocal identification of the product or the service, including labelling requirements, in compliance with legislation on product safety and product compliance. __________________ 45 https://ec.europa.eu/taxation_customs/vies/ vieshome.do?selectedLanguage=en 46Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council 47Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) 48Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 7 – paragraph 1 a (new)

Providers of intermediary services shall not be obliged to use automated tools for content moderation

2021/07/19
Committee: JURI

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 8 – paragraph 1

1. Providers of intermediary services shall, upon the receipt of an order to act against a specific individual item of illegal content, received from and issued by the relevant national judicial or administrative authorities, on the basis of the applicable Union or national law, in conformity with Union law, including the Charter of Fundamental Rights of the European Union, inform the authority issuing the order of the effect given to the orders, without undue delay, specifying the action taken and the moment when the action was taken.

2021/07/19
Committee: JURI

Proposal for a regulation
Article 8 – paragraph 1 a (new)

1 a. If the provider cannot comply with the removal order because it contains manifest errors or does not contain sufficient information for its execution, it shall, without undue delay, inform the authority that has issued the order.

2021/07/19
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Marco ZULLO, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Recital 50 a (new)

(50a) The online interface of online marketplace should allow traders to provide the information referred to in Article 22a of this Regulation and any other information where needed and necessary to allow for the unequivocal identification of the product or the service, including labelling requirements, in compliance with legislation on product safety and product compliance. Providers of online marketplaces, when they become aware that a product or services is illegal, should inform recipients who have acquired the product or services through their marketplace of this fact and any possible redress.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Karen MELCHIOR, Laurence FARRENG

Proposal for a regulation
Article 8 – paragraph 1 b (new)

1 b. Where the provider does not have its main establishment or legal representative in the Member State of the competent authority that has issued the order and the provider believes that the implementation of an order issued under paragraph 1 would infringe the Charter of Fundamental rights of the European Union, Union law, or the national law of the Member State in which the main establishment or legal representative of the provider is located, or does not meet the conditions of paragraph 2, the provider shall have the right to submit a reasoned request for a decision of the Digital Services Coordinator from the Member State of establishment. The provider shall inform the authority issuing the order of this submission.

2021/07/19
Committee: JURI

Proposal for a regulation
Recital 50 a (new)

(50a) Providers of online marketplaces should demonstrate their best efforts to prevent the dissemination by traders of illegal products and services. In compliance with the no general monitoring principle, providers should inform recipients when the service or product they have acquired through their services is illegal. Once notified of an illegal product or service as foreseen in Article 14, providers of online marketplaces should take effective and proportionate measures to prevent such products or services from reappearing on their online marketplace.

2021/07/08
Committee: IMCO

1 c. Upon receiving such a submission, the Digital Services Coordinator shall in a timely manner scrutinise the order and inform the provider of its decision. Where the Digital Services Coordinator agrees with the reasoning of the provider, in whole or in part, the Digital Services Coordinator shall inform, without undue delay, the Digital Services Coordinator of the Member State of the judicial or administrative authority issuing the order of its objection. The Digital Services Coordinator may choose to intervene on behalf of the provider in any redress, appeal or other legal processes in relations to the order.

2021/07/19
Committee: JURI

Proposal for a regulation
Article 8 – paragraph 1 d (new)

1 d. Until an objection under paragraph 1, point (c) is withdrawn, any penalties, fines or other sanctions related to the non-implementation of an order issued by the relevant national judicial or administrative authorities shall be suspended and the order shall cease to have legal effects.

2021/07/19
Committee: JURI

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

1 e. Paragraphs 1b and 1c shall not apply in the case of very large online platforms or where a content is manifestly illegal under Union law.

2021/07/19
Committee: JURI

Proposal for a regulation
Article 8 – paragraph 2 – point a – indent 1 a (new)

- the identification of the issuing authority and the means to verify the authentication of the order;

2021/07/19
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Marco ZULLO, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Recital 52

(52) Online advertisement plays an important role in the online environment, including in relation to the provision of the services of online platforms. However, online advertisement can contribute to significant risks, ranging from advertisement that is itself illegal content, to contributing to financial incentives for the publication or amplification of illegal or otherwise harmful content and activities online, or the discriminatory display of advertising with an impact on the equal treatment and opportunities of citizens. In addition to the requirements resulting from Article 6 of Directive 2000/31/EC, online platforms should therefore be required to ensure that the recipients of the service have certain individualised information necessary for them to understand when and on whose behalf the advertisement is displayed. In addition, recipients of the service should have an easy access to information on the main parameters used for determining that specific advertising is to be displayed to them, providing meaningful explanations of the logic used to that end, including when this is based on profiling. The requirements of this Regulation on the provision of information relating to advertisement is without prejudice to the application of the relevant provisions of Regulation (EU) 2016/679, in particular those regarding the right to object, automated individual decision- making, including profiling and specifically the need to obtain consent of the data subject prior to the processing of personal data for targeted advertising. Similarly, it is without prejudice to the provisions laid down in Directive 2002/58/EC in particular those regarding the storage of information in terminal equipment and the access to information stored therein.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Marco ZULLO, Laurence FARRENG, Karen MELCHIOR

Proposal for a regulation
Recital 52

(52) Online advertisement plays an important role in the online environment, including in relation to the provision of the services of online platforms. However, online advertisement can contribute to significant risks, ranging from advertisement that is itself illegal content, to contributing to financial incentives for the publication or amplification of illegal or otherwise harmful content and activities online, or the discriminatory display of advertising with an impact on the equal treatment and opportunities of citizens. In addition to the requirements resulting from Article 6 of Directive 2000/31/EC, online platforms should therefore be required to ensure that the recipients of the service have certain individualised information necessary for them to understand when and on whose behalf the advertisement is displayed. In addition, recipients of the service should have an easy access to information on the main parameters used for determining that specific advertising is to be displayed to them, providing meaningful explanations of the logic used to that end, including when this is based on profiling. The requirements of this Regulation on the provision of information relating to advertisement is without prejudice to the application of the relevant provisions of Regulation (EU) 2016/679, in particular those regarding the right to object, automated individual decision- making, including profiling and specifically the need to obtain consent of the data subject prior to the processing of personal data for targeted advertising. Similarly, it is without prejudice to the provisions laid down in Directive 2002/58/EC in particular those regarding the storage of information in terminal equipment and the access to information stored therein.

2021/07/08
Committee: IMCO

Ramona STRUGARIU, Vlad-Marius BOTOŞ, Karen MELCHIOR

Proposal for a regulation
Article 8 – paragraph 2 – point b

(b) the territorial scope of the order, on the basis of the applicable rules of Union and national law, including the Charter, and, where relevant, general principles of international law, does not exceed what is strictly necessary to achieve its objective and in any case does not exceed the territory of the Member State of the order;

2021/07/19
Committee: JURI

Proposal for a regulation
Recital 52 b (new)

(52b) Providers of public interest journalism should be identified through voluntary, self-regulatory European standards or European standardisation deliverables as defined by Regulation (EU) No 1025/2012 of the European Parliament and of the Council ('technical standards'), transparently developed, governed and enforced and such standards must be based on internationally accepted best-practices and ethical norms;

2021/07/08
Committee: IMCO

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 8 – paragraph 2 – point c

(c) the order is drafted in the language declared by the provider and is sent to the point of contact, appointed by the provider, in accordance with Article 10, or in the official language of the Member State that issues the order against the specific item of illegal content. In such case, the point of contact may request the competent authority to provide translation into the language declared by the provider.

2021/07/19
Committee: JURI

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 8 – paragraph 2 – point c a (new)

(c a) the order is issued only where no other effective means are available to bring about the cessation or the prohibition of the infringement

2021/07/19
Committee: JURI

Proposal for a regulation
Article 8 – paragraph 2 – point c b (new)

(c b) where more than one provider of intermediary services is responsible for hosting the specific item, the order is issued to the most appropriate provider that has the technical and operational ability to act against the specific item.

2021/07/19
Committee: JURI

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 8 – paragraph 2 a (new)

2 a. The Commission shall adopt delegated acts in accordance with Article 69, after consulting the Board, to lay down a specific template and form for such orders.

2021/07/19
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Recital 54

(54) Very large online platforms may cause societal risks, different in scope and impact from those caused by smaller platforms. Once the number of recipients of a platform reaches a significant share of the Union population, the systemic risks the platform poses have a disproportionately negative impact in the Union. Such significant reach should be considered to exist where the number of recipients exceeds an operational threshold set at 45 million, that is, a number equivalent to 10% of the Union population. The determination of this operational threshold, therefore, should only take into those recipients which are physical persons residing in the Union or physical persons acting on behalf of a legal person established in the Union. Automated bots, fake accounts, indirect hyperlinking, FTP or other indirect downloading of content should not be included in the determination of this threshold being exceed. The operational threshold should be kept up to date through amendments enacted by delegated acts, where necessary. Such very large online platforms should therefore bear the highest standard of due diligence obligations, proportionate to their societal impact and means.

2021/07/08
Committee: IMCO

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 8 – paragraph 2 b (new)

2 b. Member States shall ensure that providers have a right to appeal and object to implementing the order and shall facilitate the use and access to that right.

2021/07/19
Committee: JURI

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 8 – paragraph 2 c (new)

2 c. When an order to act against a specific individual item of illegal content is issued by a relevant national judicial or administrative authority, Member States shall ensure that the relevant national judicial or administrative authority duly informs the Digital Services Coordinator from the Member State of the judicial or administrative authority.

2021/07/19
Committee: JURI

Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1 (new)

Where upon receiving the copy of the order, at least three Digital Services Coordinators consider that the order violates Union or national law that is in conformity with Union law, including the Charter, they can object the enforcement of the order to the Board, based on a reasoned statement. Following recommendation of the Board, the Commission may decide whether the order is to be enforced.

2021/07/19
Committee: JURI

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Laurence FARRENG, Karen MELCHIOR

Proposal for a regulation
Recital 57

(57) Three categories of systemic risks should be assessed in-depth. A first category concerns the risks associated with the misuse of their service through the dissemination of illegal content, such as the dissemination of child sexual abuse material or illegal hate speech, and the conduct of illegal activities, such as the sale of products or services prohibited by Union or national law, including counterfeit products or the display of copyright-infringing content. For example, and without prejudice to the personal responsibility of the recipient of the service of very large online platforms for possible illegality of his or her activity under the applicable law, such dissemination or activities may constitute a significant systematic risk where access to such content may be amplified through accounts with a particularly wide reach. A second category concerns the impact of the service on the exercise of fundamental rights, as protected by the Charter of Fundamental Rights, including the freedom of expression and information, the right to private life, the right to non-discrimination and the rights of the child. Such risks may arise, for example, in relation to the design of the algorithmic systems used by the very large online platform or the misuse of their service through the submission of abusive notices or other methods for silencing speech ~~or hampering competition~~, hampering competition or the way platforms' terms and conditions including content moderation policies, are enforced, including through automatic means. With respect to this category of risks, a particular attention should be paid to the detrimental effect of intimidation of independent press and the harassment of journalists, in particular women who are more often victims of hateful speech and online threats. These should be considered systemic risk as referred to in Article 26 as they pose threat to democratic values, media freedom, freedom of expression and information, and should be subject to dedicated mitigating measures as referred to in Article 27, and priority notice through trusted flaggers as referred to in Article 19. A third category of risks concerns the intentional and, oftentimes, coordinated manipulation of the platform’s service, with a foreseeable impact on health, fundamental rights, civic discourse, electoral processes, public security and protection of minors, having regard to the need to safeguard public order, protect privacy and fight fraudulent and deceptive commercial practices. Such risks may arise, for example, through the creation of fake accounts, the use of bots, and other automated or partially automated behaviours, which may lead to the rapid and widespread dissemination of information that is illegal content or incompatible with an online platform’s terms and conditions.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Recital 57

(57) Three categories of systemic risks should be assessed in-depth. A first category concerns the risks associated with the misuse of their service through the dissemination of illegal content, such as the dissemination of child sexual abuse material or illegal hate speech, and the conduct of illegal activities, such as the sale of products or services prohibited by Union or national law, including counterfeit products. For example, and without prejudice to the personal responsibility of the recipient of the service of very large online platforms for possible illegality of his or her activity under the applicable law, such dissemination or activities may constitute a significant systematic risk where access to such content may be amplified through accounts with a particularly wide reach. A second category concerns the impact of the service on the exercise of fundamental rights, as protected by the Charter of Fundamental Rights, including the freedom of expression and information, the right to private life, the right to non-discrimination and the rights of the child. Such risks may arise, for example, in relation to the design of the algorithmic systems used by the very large online platform or the misuse of their service through the submission of abusive notices or other methods for silencing speech or hampering competition or misuse the way platforms' terms and conditions, including content moderation policies, are enforced, often through automatic means. A third category of risks concerns the intentional and, oftentimes, coordinated manipulation of the platform’s service, with a foreseeable impact on health, fundamental rights, civic discourse, electoral processes, public security and protection of minors, having regard to the need to safeguard public order, protect privacy and fight fraudulent and deceptive commercial practices. Such risks may arise, for example, through the creation of fake accounts, the use of bots, and other automated or partially automated behaviours, which may lead to the rapid and widespread dissemination of information that is illegal content or incompatible with an online platform’s terms and conditions.

2021/07/08
Committee: IMCO

Karen MELCHIOR, Samira RAFAELA, Hilde VAUTMANS, Michal ŠIMEČKA, Ivars IJABS, Anna Júlia DONÁTH, Olivier CHASTEL, Fabienne KELLER, Petras AUŠTREVIČIUS, Irène TOLLERET, Ramona STRUGARIU, Barry ANDREWS, Susana SOLÍS PÉREZ, Dragoş PÎSLARU, Katalin CSEH

Proposal for a regulation
Recital 57

(57) Three categories of systemic risks should be assessed in-depth. A first category concerns the risks associated with the misuse of their service through the dissemination of illegal content, such as the dissemination of child sexual abuse material or illegal hate speech, and the conduct of illegal activities, such as the sale of products or services prohibited by Union or national law, including counterfeit products. For example, and without prejudice to the personal responsibility of the recipient of the service of very large online platforms for possible illegality of his or her activity under the applicable law, such dissemination or activities may constitute a significant systematic risk where access to such content may be amplified through accounts with a particularly wide reach. A second category concerns the impact of the service on the exercise of fundamental rights, as protected by the Charter of Fundamental Rights, including the freedom of expression and information, the right to private life, the right to non-discrimination, the right to gender equality and the rights of the child. Such risks may arise, for example, in relation to the design of the algorithmic systems used by the very large online platform or the misuse of their service through the submission of abusive notices or other methods for silencing speech or hampering competition. A third category of risks concerns the intentional and, oftentimes, coordinated manipulation of the platform’s service through the submission of abusive notices, with a foreseeable impact on health, civic discourse, electoral processes, public security and protection of minors, having regard to the need to safeguard public order, protect privacy and fight fraudulent and deceptive commercial practices. Such risks may arise, for example, through the creation of fake accounts, the use of bots, and other automated or partially automated behaviours, which may lead to the rapid and widespread dissemination of information that is illegal content or incompatible with an online platform’s terms and conditions.

2021/07/08
Committee: IMCO

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 8 – paragraph 4

4. The conditions and requirements laid down in this article shall be without prejudice to requirements under national criminal procedural law and administrative law in conformity with Union law, including the Charter of Fundamental Rights. While acting in accordance with such laws, authorities shall not go beyond what is necessary in order to attain the objectives followed therein.

2021/07/19
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Recital 58

(58) Very large online platforms should deploy the necessary means to diligently mitigate the systemic risks identified in the risk assessment. Very large online platforms should under such mitigating measures consider, for example, enhancing or otherwise adapting the design and functioning of their content moderation, algorithmic recommender systems and online interfaces, so that they discourage and limit the dissemination of illegal content, ~~adapting their decision-making processes, or adapting their terms and condition~~prevent the manipulation and exploitation of the service, including by the amplification of content which is counter to their terms and conditions, adapting their decision-making processes, or adapting their terms and conditions and content moderation policies and how those policies are enforced, while being fully transparent to the users. They may also include corrective measures, such as discontinuing advertising revenue for specific content, or other actions, such as improving the visibility of authoritative information sources, including by displaying related public service advertisements instead of other commercial advertisements. Very large online platforms may reinforce their internal processes or supervision of any of their activities, in particular as regards the detection of systemic risks. They may also initiate or increase cooperation with trusted flaggers, organise training sessions and exchanges with trusted flagger organisations, and cooperate with other service providers, including by initiating or joining existing codes of conduct or other self-regulatory measures. Any measures adopted should respect the due diligence requirements of this Regulation and be effective and appropriate for mitigating the specific risks identified, in the interest of safeguarding public order, protecting privacy and fighting fraudulent and deceptive commercial practices, and should be proportionate in light of the very large online platform’s economic capacity and the need to avoid unnecessary restrictions on the use of their service, taking due account of potential negative effects on the fundamental rights of the recipients of the service.

2021/07/08
Committee: IMCO

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 9 – paragraph 1

1. Providers of intermediary services shall, upon receipt of an order to provide a specific item of information about one or more specific individual recipients of the service, received from and issued by the relevant national judicial or administrative authorities on the basis of the applicable Union or national law, in conformity with Union law, inform without undue delay the authority of issuing the order of its receipt and the effect given to the order.

2021/07/19
Committee: JURI

Proposal for a regulation
Article 9 – paragraph 1 a (new)

1 a. If the provider cannot comply with the information order because it contains manifest errors or does not contain sufficient information for its execution, it shall, without undue delay, inform the authority that issued the information order

2021/07/19
Committee: JURI

Proposal for a regulation
Article 9 – paragraph 1 b (new)

1 b. Where the provider does not have its main establishment or legal representative in the Member State of the competent authority that issued the order and a provider believes that the implementation of an order issued under paragraph 1 would infringe the Charter, Union law, or the national law of the Member State in which the main establishment or legal representative of the provider is located, or does not meet the conditions of paragraph 2, the provider shall have the right to submit a reasoned request for a decision of the Digital Services Coordinator from the Member State of establishment. The provider shall inform the authority issuing the order of this submission.

2021/07/19
Committee: JURI

Proposal for a regulation
Article 9 – paragraph 1 c (new)

1 c. Upon receiving such a submission, the Digital Services Coordinator shall in a timely manner scrutinise the order and inform the provider of its decision. Where the Digital Services Coordinator agrees with the reasoning of the provider, in whole or in part, the Digital Services Coordinator shall inform of its objection, without undue delay, the Digital Services Coordinator from the Member State of the judicial or administrative authority issuing the order. The Digital Services Coordinator may choose to intervene on behalf of the provider in any redress, appeal or other legal processes in relations to the order.

2021/07/19
Committee: JURI

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 9 – paragraph 1 d (new)

1 d. Until an objection under paragraph 1, point (c) is withdrawn, any penalties, fines or other sanctions related to the non-implementation of an order issued by the relevant national judicial or administrative authorities shall be suspended and the order shall cease to have legal effects.

2021/07/19
Committee: JURI

Proposal for a regulation
Article 9 – paragraph 2 – point a – indent -1 (new)

-1 the identification of the issuing authority and the means to verify the authentication of the order;

2021/07/19
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Marco ZULLO, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Recital 63

(63) Advertising systems used by very large online platforms pose particular risks 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. 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. In addition, very large online platforms should label any known deep fake videos, audio or other files.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Karen MELCHIOR, Laurence FARRENG

Proposal for a regulation
Recital 63 a (new)

(63a) The practice of very large online platforms to associate advertisement with content uploaded by users, could indirectly lead to the promotion of illegal content, or content that is in breach of their terms and conditions and could risk to considerably damage the brand image of the buyers of advertising space. In order to prevent such practice, the very large online platforms should ensure, including through standard contractual guarantees to the buyers of advertising space, that the content to which they associate advertisements is legal, and compliant with their terms and conditions. Furthermore, the very large online platforms should allow advertisers to have access to the results of audits carried out independently and evaluating the commitments and tools of platforms for protecting the brand image of the buyers of advertising space ("brand safety").

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Marco ZULLO, Karen MELCHIOR, Laurence FARRENG

Proposal for a regulation
Recital 64

(64) In order to appropriately supervise the compliance of very large online platforms with the obligations laid down by this Regulation, the Digital Services Coordinator of establishment or the Commission may require access to or reporting of specific data. Such a requirement may include, for example, the data necessary to assess the risks and possible harms, such as the dissemination of illegal and amplification of harmful content brought about by the platform’s systems, data on the accuracy, functioning and testing of algorithmic systems for content moderation, recommender systems or advertising systems, or data on processes and outputs of content moderation or of internal complaint- handling systems within the meaning of this Regulation. Investigations by researchers on the evolution and severity of online systemic risks are particularly important for bridging information asymmetries and establishing a resilient system of risk mitigation, informing online platforms, Digital Services Coordinators, other competent authorities, the Commission and the public. This Regulation therefore provides a framework for compelling access to data from very large online platforms to vetted researchers. All requirements for access to data under that framework should be proportionate and appropriately protect the rights and legitimate interests, including trade secrets and other confidential information, of the platform and any other parties concerned, including the recipients of the service.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Recital 64

(64) In order to appropriately supervise the compliance of very large online platforms with the obligations laid down by this Regulation, the Digital Services Coordinator of establishment or the Commission may require access to or reporting of specific data. Such a requirement may include, for example, the data necessary to assess the risks and possible harms brought about by the platform’s systems, data on the accuracy, functioning and testing of algorithmic systems for content moderation, recommender systems or advertising systems, or data on processes and outputs of content moderation or of internal complaint-handling systems within the meaning of this Regulation. Investigations by researchers on the evolution and severity of online systemic risks are particularly important for bridging information asymmetries and establishing a resilient system of risk mitigation, informing online platforms, Digital Services Coordinators, other competent authorities, the Commission and the public. This Regulation therefore provides a framework for compelling access to data from very large online platforms to vetted researchers, which mean the conditions set down in this Regulation. All requirements for access to data under that framework should be proportionate and appropriately protect the rights and legitimate interests, including trade secrets and other confidential information, of the platform and any other parties concerned, including the recipients of the service.

2021/07/08
Committee: IMCO

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 9 – paragraph 2 – point c

(c) the order is drafted in the language declared by the provider and is sent to the point of contact appointed by that provider, in accordance with Article 10, or in the official language of the Member State that issues the order against the specific item of illegal content. In such case, the point of contact may request the competent authority to provide translation into the language declared by the provider;

2021/07/19
Committee: JURI

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 9 – paragraph 2 – point c a (new)

(c a) the order is issued only where no other effective means are available to receive the same specific item of information

2021/07/19
Committee: JURI

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 9 – paragraph 2 a (new)

2 a. The Commission shall adopt delegated acts in accordance with Article 69, after consulting the Board, to lay down a specific template and form for such orders. It shall ensure that form means the standards set down in the Annex of [XXX the regulation on European Production and Preservation Orders for electronic evidence in criminal matters].

2021/07/19
Committee: JURI

Ramona STRUGARIU, Vlad-Marius BOTOŞ, Karen MELCHIOR

Proposal for a regulation
Article 9 – paragraph 2 b (new)

2 b. When an order to provide a specific item of information about one or more specific individual recipients of the service is issued by a relevant national judicial or administrative authority, Member States shall ensure that the relevant national judicial or administrative authority duly informs the Digital Services Coordinator from the Member State of the judicial or administrative authority.

2021/07/19
Committee: JURI

Proposal for a regulation
Recital 65 a (new)

(65a) Any change on the recommender systems used by platforms to suggest, rank and prioritise information can have a dramatic impact on the users, in particular on the media that widely rely on platforms to be accessible to their audience; consequently, providers of online platforms should be transparent about any changes operated in their referencing and recommendation rules, even if made on an experimental basis, and immediately inform the regulators, their users and the authors of referenced content, allowing these changes to be predictable to those affected by them; users should be able to refer to the regulator asking it to give its opinion on the negative impact of changes in the referencing and recommendation rules, allowing it to require the platform to remedy this impact.

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 9 – paragraph 4

4. The conditions and requirements laid down in this article shall be without prejudice to requirements under national criminal procedural law and administrative law in conformity with Union law.

2021/07/19
Committee: JURI

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Recital 66

(66) To facilitate the effective and consistent application of the obligations in this Regulation that may require implementation through technological means, it is important to promote voluntary industry standards covering certain technical procedures, where the industry can help develop standardised means to comply with this Regulation, such as standardised disclosure frames for advertising, as allowing the submission of notices, including through application programming interfaces, or about the interoperability of advertisement repositories. Such standards could in particular be useful for relatively small providers of intermediary services. The standards could distinguish between different types of illegal content or different types of intermediary services, as appropriate.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Marco ZULLO, Laurence FARRENG, Karen MELCHIOR

Proposal for a regulation
Recital 67

(67) The Commission and the Board should encourage the drawing-up of codes of conduct to contribute to the application of this Regulation, as well as the compliance of online platforms with the provisions of these codes. While the implementation of codes of conduct should be measurable and subject to public oversight, this should not impair the voluntary nature of such codes and the freedom of interested parties to decide whether to participate. In certain circumstances, it is important that very large online platforms cooperate in the drawing-up and adhere to specific codes of conduct. Nothing in this Regulation prevents other service providers from adhering to the same standards of due diligence, adopting best practices and benefitting from the guidance provided by the Commission and the Board, by participating in the same codes of conduct.

2021/07/08
Committee: IMCO

Proposal for a regulation
Article -10 (new)

Article -10 Waiver 1. Providers of intermediary services may apply to the Commission for a waiver from the requirements of Chapter III, if they prove that they are: (a) non-for-profit or equivalent and serve a manifestly positive role in the public interest; (b) micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC; or (c) a medium enterprises within the meaning of the Annex to Recommendation 2003/361/EC without any systemic risk related to illegal content. The Providers shall present justified reasons for their request. 2. The Commission shall examine such an application and, after consulting the Board, may issue a waiver in whole or in parts to the requirements of this Chapter. 3. Upon the request of the Board or the provider, or on its own initiative, the Commission may review a waiver issued and revoke the waiver in whole or in parts. 4. The Commission shall maintain a list of all waivers issued and their conditions and shall publish this list to the public.

2021/07/19
Committee: JURI

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Article -10 a (new)

Article -10 a Conflict between Union Acts 1. Where any obligation set down in this Regulation can be viewed as equivalent with or superseded by an obligation within another Union act, in which a provider of intermediary services is also a subject, a provider of intermediary services may apply to the Commission for a waiver from such requirements or a declaration that it should be deemed as having complied with this Regulation, in whole or in parts. The provider shall present justified reasons for their request. 2. The Commission shall examine such an application and, after consulting the Board, may issue a waiver or declaration in whole or in parts to the requirements of this Regulation. 3. Upon the request of the Board or on its own initiative, the Commission may review a waiver or declaration issued and revoke the waiver or declaration in whole or in parts. 4. The Commission shall maintain a list of all waivers and declarations issued and their conditions and shall publish this list to the public.

2021/07/19
Committee: JURI

Proposal for a regulation
Article 10 – paragraph 2 a (new)

2 a. Providers of intermediary services may establish the same single point of contact for this Regulation and another single point of contact as required under other Union law. When doing so, the provider shall inform the Commission of this decision.

2021/07/19
Committee: JURI

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Laurence FARRENG, Stéphane SÉJOURNÉ, Karen MELCHIOR

Proposal for a regulation
Article 11 – paragraph 1

1. Providers of intermediary services ~~which do not have an establishment in the Union but which offer services in the Union~~ shall designate, in writing, a legal or natural person as their legal representative in ~~one of the~~each Member States where the provider offers its services.

2021/07/19
Committee: JURI

Proposal for a regulation
Recital 69

(69) The rules on codes of conduct under this Regulation could serve as a basis for already established self-regulatory efforts at Union level, including the Product Safety Pledge, the Memorandum of Understanding against counterfeit goods, the Code of Conduct against illegal hate speech as well as the Code of practice on disinformation. In particular for the latter, since the Commission ~~will~~has issued guidance for strengthening the Code of practice on disinformation as announced in the European Democracy Action Plan in May 2021.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Recital 69

(69) The rules on codes of conduct under this Regulation could serve as a basis for already established self-regulatory efforts at Union level, including the Product Safety Pledge, the Memorandum of Understanding against counterfeit goods, the Code of Conduct against illegal hate speech as well as the Code of practice on disinformation. In particular for the latter, since the Commission ~~will~~has issued guidance for strengthening the Code of practice on disinformation as announced in the European Democracy Action Plan in May 2021.

2021/07/08
Committee: IMCO

Proposal for a regulation
Recital 70

(70) The provision of online advertising generally involves several actors, including intermediary services that connect publishers of advertising with advertisers. Codes of conducts should support and complement the transparency obligations relating to advertisement for online platforms and very large online platforms set out in this Regulation in order to provide for flexible and effective mechanisms to facilitate and enhance the compliance with those obligations, notably as concerns the modalities of the transmission of the relevant information. The involvement of a wide range of stakeholders should ensure that those codes of conduct are widely supported, technically sound, effective and offer the highest levels of user-friendliness to ensure that the transparency obligations achieve their objectives.deleted

2021/07/08
Committee: IMCO

Proposal for a regulation
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. That 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, in a searchable archive of all the previous versions with their date of application.

2021/07/19
Committee: JURI

Proposal for a regulation
Article 12 – paragraph 1 a (new)

1 a. 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. That 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, and available remedies including applicable alternative dispute resolution mechanisms. It shall be set out in clear and unambiguous language and shall be publicly available in an easily accessible format. Providers of intermediary services shall provide recipients of services with a concise and easily readable summary of the terms and conditions, including information on the available remedies and the possibilities for opt-out, where relevant.

2021/07/19
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Recital 76

(76) In the absence of a general requirement for providers of intermediary services to ensure a physical presence within the territory of one of the Member States, there is a need to ensure clarity under which Member State's jurisdiction those providers fall for the purposes of enforcing the rules laid down in Chapters III and IV and Article 8 and 9 by the national competent authorities. A provider should be under the jurisdiction of the Member State where its main establishment is located, that is, where the provider has its head office or registered office within which the principal financial functions and operational control are exercised. In respect of providers that do not have an establishment in the Union but that offer services in the Union and therefore fall within the scope of this Regulation, the Member State where those providers appointed their legal representative should have jurisdiction, considering the function of legal representatives under this Regulation. In the interest of the effective application of this Regulation, all Member States should, however, have jurisdiction in respect of providers that failed to designate a legal representative, provided that the principle of ne bis in idem is respected. To that aim, each Member State that exercises jurisdiction in respect of such providers should, without undue delay, inform all other Member States of the measures they have taken in the exercise of that jurisdiction.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Recital 78

(78) Member States should set out in their national law, in accordance with Union law and in particular this Regulation and the Charter, the detailed conditions and limits for the exercise of the investigatory and enforcement powers of their Digital Services Coordinators, and other competent authorities where relevant, under this Regulation. In order to ensure coherence between the Member States, the Commission should adopt guidance on the procedures and rules related to the powers of Digital Services Coordinators.

2021/07/08
Committee: IMCO

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 12 – paragraph 2 a (new)

2a. Providers of intermediary services shall, when complying with the requirements of this Article, not be required to disclose algorithms or any information that, with reasonable certainty, would result in the enabling of deception of consumers or consumer harm through the manipulation of their services. This Article shall be without prejudice to Directive (EU) 2016/943.

2021/07/19
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR

Proposal for a regulation
Recital 85

(85) Where a Digital Services Coordinator requests another Digital Services Coordinator to take action, the requesting Digital Services Coordinator, or the Board in case it issued a recommendation to assess issues involving more than ~~three~~four Member States, should be able to refer the matter to the Commission in case of any disagreement as to the assessments or the measures taken or proposed or a failure to adopt any measures. TIf the Commission believes that the Digital Services Coordinator of establishment has not at least partially addressed the request or has not fully justified its decision to not address the request, the Commission, on the basis of the information made available by the concerned authorities, should accordingly be able to request the competent Digital Services Coordinator to re-assess the matter and take the necessary measures to ensure compliance within a defined time period. This possibility is without prejudice to the Commission’s general duty to oversee the application of, and where necessary enforce, Union law under the control of the Court of Justice of the European Union in accordance with the Treaties. A failure by the Digital Services Coordinator of establishment to take any measures pursuant to such a request may also lead to the Commission’s intervention under Section 3 of Chapter IV of this Regulation, where the suspected infringer is a very large online platform.

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 12 – paragraph 2 b (new)

2b. Providers of intermediary services shall refrain from any dark patterns or other techniques to encourage the acceptance of terms and conditions, including giving consent to sharing personal and non-personal data.

2021/07/19
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Morten LØKKEGAARD, Karen MELCHIOR

Proposal for a regulation
Recital 86

(86) In order to facilitate cross-border supervision and investigations involving several Member States, the Digital Services Coordinators should be able to participate, on a permanent or temporary basis, in joint oversight and investigation activities concerning matters covered by this Regulation and under the authority of the Digital Services Coordinator of the Member State of establishment. Those activities may include other competent authorities and may cover a variety of issues, ranging from coordinated data gathering exercises to requests for information or inspections of premises, within the limits and scope of powers available to each participating authority. The Board may be requested to provide advice in relation to those activities, for example by proposing roadmaps and timelines for activities or proposing ad-hoc task-forces with participation of the authorities involved.

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 12 – paragraph 2 c (new)

2c. Providers of intermediary services shall not require recipients of the service other than traders to make their legal identity public in order to use the service.

2021/07/19
Committee: JURI

Proposal for a regulation
Article 12 – paragraph 2 d (new)

2d. For providers other than very large online platforms, nothing in this Regulation shall prevent a provider of intermediary services from terminating the contractual relationship with its recipients without clause, in the situations provided for in the terms and conditions. Providers of a very large online platform shall issue a statement for the termination to the recipient, and the recipient shall have access to the internal complaint mechanism under Article 17 and the out- of-court mechanism under Article 18.

2021/07/19
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Recital 88

(88) In order to ensure a consistent application of this Regulation, it is necessary to set up an independent advisory group at Union level and with legal personality, which should support the Commission and help coordinate the actions of Digital Services Coordinators. That European Board for Digital Services should consist of the Digital Services Coordinators, without prejudice to the possibility for Digital Services Coordinators to invite in its meetings or appoint ad hoc delegates from other competent authorities entrusted with specific tasks under this Regulation, where that is required pursuant to their national allocation of tasks and competences. In case of multiple participants from one Member State, the voting right should remain limited to ~~one representative per Member State~~the Member State´s Digital Services Coordinator.

2021/07/08
Committee: IMCO

Karen MELCHIOR, Liesje SCHREINEMACHER, Hilde VAUTMANS, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 12 a (new)

Article 12a Fair consent choice screens 1. Providers of intermediary services that ask the recipients of their service for consent as required by Regulation (EU) 2016/679 to collect or process personal data concerning them shall ensure that the end user choice screens shown to that end are designed in a fair and neutral manner and do not in any way subvert or impair user autonomy, decision-making, or choice via the choice screens’ structure, function or manner of operation. In particular, providers shall refrain from: (a) giving more visual prominence to any of the consent options when asking the recipient of the service for a decision; (b) repeatedly requesting that a recipient of the service consents to data processing, regardless of the scope of purpose of such processing, especially by presenting a pop-up that interferes with user experience; (c) urging a recipient of the service to change any setting or configuration of the service after the person in question has already made her choice, including by the use of a technical standard in accordance with paragraph 3; (d) making the procedure of cancelling a service more cumbersome then signing up to it. 2. The Commission may adopt implementing acts to prescribe binding design aspects and functions of consent choice screens that fulfil the requirements of paragraph 1. 3. Providers of intermediary services shall accept the communication of consent choices made by the recipient of the service through automated means, including through standardised digital signals sent by the recipient’s software used to access the service such as web browsers and operating systems. 4. The Commission shall promote and facilitate the development of technical standards for the automated communication of consent choices through international and Union standardisation bodies. Where standardisation bodies fail to develop a workable technical standard, the Commission shall, not later than two years after entry into force of this Regulation, designate a binding technical standard for the purpose of paragraph 3.

2021/07/19
Committee: JURI

Proposal for a regulation
Article 12 a (new)

Article 12a General Risk Assessment and Mitigation Measures 1. Providers of intermediary services shall identify, analyse and assess, at least once a year and at each significant revision of a service they provide thereafter, the potential misuse or other risks stemming from the functioning and use made of their services in the Union. Such a general risk assessment shall be specific to each of their services and shall include at least risks related to the dissemination of illegal content through their services and any contents that might have a negative effect on potential recipients of the service, especially minors and gender equality. 2. Providers of intermediary services shall wherever possible, attempt to put in place reasonable, proportionate and effective mitigation measures to the risk identified in line with applicable law and their terms and conditions. 3. Where the identified risk relations to minor recipients of the service, without regard to if the minor is acting with respect to the terms and conditions, mitigation measures shall include, where needed and applicable: (a) adapting content moderation or recommender systems, their decision- making processes, the features or functioning of their services, or their terms and conditions to ensure those prioritise the best interests of the minor; (b) adapting or removing system design features that expose or promote to minors to content, contact, conduct and contract risks that impair the physical, mental or moral development; (c) ensuring the highest levels of privacy, safety, consumer protection and security by design and default for individual recipients of the service under the age of 18. (d) if a service is targeted at minors, provide child-friendly mechanisms for remedy and redress, including easy access to expert advice and support. 4. Providers of intermediary services shall, upon request, explain to the competent Digital Services Coordinator, how it undertook this risk assessment and what mitigation measures it undertook.

2021/07/19
Committee: JURI

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Recital 89

(89) The Board should contribute to achieving a common Union perspective on the consistent application of this Regulation and to cooperation among competent authorities, including by advising the Commission and the Digital Services Coordinators about appropriate investigation and enforcement measures, in particular vis à vis very large online platforms. The Board should also contribute to the drafting of relevant templates ~~and~~, codes of conduct, best practices and analyse emerging general trends in the development of digital services in the Union.

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 12 b (new)

Article 12b Fair consent choice screens 1. Providers of intermediary services that ask the recipients of their service for consent as required by Regulation (EU) 2016/679 to process personal data concerning them shall ensure that the end user choice screens shown to that end are designed in a fair and neutral manner and do not in any way subvert or impair user autonomy, decision-making, or choice via the choice screens’ structure, function or manner of operation. 2. A choice or decision made by the recipient of the service using an online interface or part thereof that does not comply with the requirements of paragraph 1 shall not constitute consent in the sense of Regulation (EU) 2016/679. 3. Paragraphs 1 and 2 shall also apply to consent given prior to the entry into force of this Regulation 4. The Commission may adopt implementing acts to prescribe binding design aspects and functions of consent choice screens that fulfil the requirements of paragraph 1. 5. Providers of intermediary services shall accept the communication of consent choices made by the recipient of the service through automated means, including through standardised digital signals sent by the recipient’s software used to access the service such as web browsers and operating systems. 6. Providers of intermediary services shall respect the communication of choices made by the recipients of the service, including consent or withdrawal of consent to the processing of personal data, through automated means, such as through the settings of software placed on the market permitting electronic communications, including the retrieval and presentation of information on the internet. The Commission shall, after consulting the Board, adopt delegated acts laying down the technical conditions for automated means referred to above. 7. The Board, in cooperation with the Commission, shall publish official guidelines to indicate specific design patterns that qualify as subverting or impairing the autonomy, decision making, or choice of the recipients of the service. The Board shall keep this list updated in the light of technological developments and, in the case of very large online platforms, assessments related to systemic risks identified in accordance with Article 27(2). 8. The Commission may adopt implementing acts to prescribe the design and functions of online interfaces that facilitate expression of consent in the sense of Regulation (EU) 2016/679 or other choices that may be expressed by the recipients of the service. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 70. Before the adoption of any measures pursuant to this paragraph, the Commission shall publish a draft thereof and invite all interested parties to submit their comments within the time period set out therein, which shall not be less than two months.

2021/07/19
Committee: JURI

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 13 – paragraph 1 – introductory part

1. Providers of intermediary services shall publish, at least once a year, clear, easily accessible, comprehensible, and detailed reports on any content moderation they engaged in during the relevant period. The reports shall be available in searchable archives. Those reports shall include, in particular, information on the following, as applicable:

2021/07/19
Committee: JURI

Proposal for a regulation
Article 13 – paragraph 1 – point a

(a) the number of orders received from Member States’ authorities, categorised by the type of illegal content concerned, including orders issued in accordance with Articles 8 and 9, and the average time needed to inform t~~aking the action specified in thos~~he authority issuing the order of its receipt and the effect given to the orders;

2021/07/19
Committee: JURI

Proposal for a regulation
Recital 91

(91) The Board should bring together the representatives of the Digital Services Coordinators and possible other competent authorities under the chairmanship of the Commission, with a view to ensuring an assessment of matters submitted to it in a fully European dimension. In view of possible cross-cutting elements that may be of relevance for other regulatory frameworks at Union level, the Board should be allowed to cooperate with other Union bodies, offices, agencies and advisory groups with responsibilities in fields such as equality, including equality between women and men, and non- discrimination, data protection, electronic communications, audiovisual services, market surveillance, detection and investigation of frauds against the EU budget as regards custom duties, or consumer protection, as necessary for the performance of its tasks.

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 13 – paragraph 1 a (new)

1a. The information provided shall be broken down per Member State in which services are offered and in the Union as a whole.

2021/07/19
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Recital 97 a (new)

(97a) The Commission should ensure that it is independent and impartial in its decision making in regards to both Digital Services Coordinators and providers of services under this Regulation.

2021/07/08
Committee: IMCO

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 13 – paragraph 2

2. Paragraph 1 and 1a shall not apply to providers of intermediary services that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC.

2021/07/19
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR

Proposal for a regulation
Recital 98

(98) In view of both the particular challenges that may arise in seeking to ensure compliance by very large online platforms and the importance of doing so effectively, considering their size and impact and the harms that they may cause, the Commission should have strong investigative and enforcement powers to allow it to investigate, enforce and monitor certain of the rules laid down in this Regulation, in full respect of the principle of proportionality and the rights and interests of the affected parties, including the right to challenge any investigative requests before a judicial authority within the Member State of establishment.

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 13 – paragraph 2 a (new)

2a. Where made available to the public, the annual transparency reports referred to in paragraph 1 shall not include information that may prejudice ongoing activities for the prevention, detection, or removal of illegal content or content counter to a hosting provider's terms and conditions.

2021/07/19
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Recital 99

(99) In particular, the Commission, where it can show grounds for believing that a very large online platform is not compliant with this Regulation, should have access to any relevant documents, data and information necessary to open and conduct investigations and to monitor the compliance with the relevant obligations laid down in this Regulation, irrespective of who possesses the documents, data or information in question, and regardless of their form or format, their storage medium, or the precise place where they are stored. The Commission should be able to directly require that the very large online platform concerned or relevant third parties, or than individuals, provide any relevant evidence, data and information related to those concerns. In addition, the Commission should be able to request any relevant information from any public authority, body or agency within the Member State, or from any natural person or legal person for the purpose of this Regulation. The Commission should be empowered to require access to, and explanations relating to, data-bases and algorithms of relevant persons, and to interview, with their consent, any persons who may be in possession of useful information and to record the statements made. The Commission should also be empowered to undertake such inspections as are necessary to enforce the relevant provisions of this Regulation. Those investigatory powers aim to complement the Commission’s possibility to ask Digital Services Coordinators and other Member States’ authorities for assistance, for instance by providing information or in the exercise of those powers.

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 14 – paragraph 1

1. Providers of hosting services shall put mechanisms in place to allow any individual or entity to notify them of the presence on their service of specific items of information that the individual or entity considers to be illegal content, or content that is in breach with their terms and conditions. Those mechanisms shall be easy to access, user- friendly, and allow for the submission of notices exclusively by electronic means. and may include: (a) a clearly identifiable banner or single reporting button, allowing users to notify quickly and easily the providers of these services of illegal content they have encountered; (b) providing information to the users on what is considered illegal content under Union and national law; (c) providing information to the users on available national public tools to signal illegal content to the competent authorities.

2021/07/19
Committee: JURI

Proposal for a regulation
Article 14 – paragraph 2 – introductory part

2. The mechanisms referred to in paragraph 1 shall be such as to facilitate the submission of sufficiently precise and adequately substantiated notices, on the basis of which a diligent economic operator can identify the illegality or the breach of the content in question with the terms and conditions. To that end, the providers shall take the necessary measures to enable ~~and~~ facilitate the submission of notices containing all of the following elements:

2021/07/19
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Recital 102

(102) In the interest of effectiveness and efficiency, in addition to the general evaluation of the Regulation, to be performed within five years of entry into force, after the initial start-up phase and on the basis of the first three years of application of this Regulation, the Commission should also perform an evaluation of the activities of the Board and on its structure. In addition, the Commission should carry out an assessment of any impact of the costs to European service providers of any similar requirements, including those of Article 11, introduced by third-party states and any new barriers to non-EU market access after the adoption of this Regulation. The Commission should also access the impact on the ability of European businesses and consumers to access and buy products and services from outside the Union.

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 14 – paragraph 2 – point a

(a) an explanation of the reasons why the individual or entity considers the information in question to be illegal content, or content that is in breach with providers' terms and conditions;

2021/07/19
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Recital 104

(104) In order to fulfil the objectives of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to supplement this Regulation. In particular, delegated acts should be adopted in respect of criteria for identification of very large online platforms and of technical specifications for access requests. It is also equally important that when standardisation bodies are unable to agree the standards needed to implement this Regulation fully, that the Commission to choice to adopt delegated acts. It is of particular importance that the Commission carries out appropriate consultations and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

2021/07/08
Committee: IMCO

Lina GÁLVEZ, Alicia HOMS GINEL, Robert HAJŠEL, Carlos ZORRINHO, Andris AMERIKS, Nicolás GONZÁLEZ CASARES, Romana JERKOVIĆ, Eva KAILI, Patrizia TOIA, Maria-Manuel LEITÃO-MARQUES, Adriana MALDONADO LÓPEZ, Karen MELCHIOR

Proposal for a regulation
Article 14 – paragraph 2 – point b

(b) a clear indication of the electronic location of that information, ~~in particular~~for example the exact URL or URLs, and, where necessary, additional information enabling the identification of the illegal content, or content that is in breach with providers' terms and conditions;

2021/07/19
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Recital 105 a (new)

(105a) This Regulation serves a horizontal framework to ensure the further strengthening and deepening the Digital Single Market and the internal market and therefore seeks to lay down rules and obligations which, unless specified, seek to be applicable to all providers without regards to individual models of operation. Individual models of operation are often addressed in different Union law regarded as lex specialis. In the case of any potential conflict between this Regulation and those Union acts, the principle of Lex specialis derogat legi generali should apply.

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 29 – paragraph 1 a (new)

1 a. The parameters referred to in paragraph 1 shall include, at a minimum: (a) whether the recommender system is an automated system and, in that case, the identity of the natural or legal person responsible for the recommender system, if different from the platform provider; (b) clear information about the criteria used by recommender systems; (c) the relevance and weight of each criteria which leads to the information recommended; (e) what goals the relevant system has been optimised for, (d) if applicable, explanation of the role that the behaviour of the recipients of the service plays in how the relevant system produces its outputs.

2021/06/24
Committee: ITRE

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Marco ZULLO, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 1 – paragraph 2 – point b

(b) set out uniform harmonised rules for a safe, predictable, accessible and trusted online environment, where fundamental rights enshrined in the Charter are effectively protected.

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 14 – paragraph 6

6. Providers of hosting services shall process any notices that they receive under the mechanisms referred to in paragraph 1, and take their decisions in respect of the information to which the notices relate, in a timely, diligent, non- discriminatory and objective manner. Where they use automated means for that processing or decision-making, they shall include information on such use in the notification referred to in paragraph 4.

2021/07/19
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 2 – point b a (new)

(ba) facilitate innovation, support digital transition, encourage economic growth and an investment climate to create a level playing field for digital services within the internal market that respect and promote fundamental rights enshrined in the Charter

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Article 14 – paragraph 6 a (new)

6a. Providers of hosting services, where they are equally deemed a sharing service providers according to Directive (EU) 2019/790, shall in the case of a conflict of law, apply Directive (EU) 2019/790 as superseding this Article.

2021/07/19
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Article 1 – paragraph 3

3. This Regulation shall apply to intermediary services directed at and provided to recipients of the service that have their place of establishment or residence in the Union, irrespective of the place of establishment of the providers of those services.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Article 1 – paragraph 5 – point b

(b) Directive 2010/13/ECU as amended by Directive 2018/1808/EU;

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Morten LØKKEGAARD, Marco ZULLO, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 1 – paragraph 5 – point c

(c) Union law on copyright and related rights, in particular Directive (EU) 2019/790 on Copyright and Related Rights in Digital Single Market;

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Marco ZULLO, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 1 – paragraph 5 – point h

(h) Union law on consumer protection and product safety, including Regulation (EU) 2017/2394, Regulation (EU) 2019/1020 and Regulation XXX (General Product Safety Regulation);

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Marco ZULLO, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 1 – paragraph 5 – point i a (new)

(ia) Directive (EU) 2019/882

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Marco ZULLO, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 1 – paragraph 5 a (new)

5a. The Commission shall by [within one year of the adoption of this Regulation] publish guidelines with regards to the relations between this Regulation and those legislative acts listed in Article 1(5). These guidelines shall clarify any potential conflicts between the conditions and obligations enlisted in these legislative acts and which act prevails where actions, in line with this Regulation, fulfil the obligations of another legislative act and which regulatory authority is competent.

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 2 – paragraph 1 – point b

(b) ‘recipient of the service’ means any natural or legal person who ~~uses the relevant intermediary servic~~, for professional reasons or otherwise, uses the relevant intermediary service in particular for the purposes of seeking information or making it accessible;

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Morten LØKKEGAARD, Marco ZULLO, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 2 – paragraph 1 – point c

(c) ‘consumer’ means any natural person who is acting for purposes which are outside his or her trade, business, craft, or profession;

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 17 – paragraph 1 – introductory part

1. Online platforms shall provide recipients of the service and individuals or entities that have submitted a notice, for a period of at least six months following the decision referred to in this paragraph, the access to an effective internal complaint- handling system, which enables the complaints to be lodged electronically and free of charge, against the decision taken by the provider of the online platform not to act upon the receipt of a notice or against the following decisions taken by the online platform on the ground that the information provided by the recipients is illegal content or incompatible with its terms and conditions:

2021/07/19
Committee: JURI

Proposal for a regulation
Article 17 – paragraph 1 – point a

(a) decisions whether or not to remove or disable access to or restrict visibility of the information;

2021/07/19
Committee: JURI

Proposal for a regulation
Article 17 – paragraph 1 – point b

(b) decisions whether or not to suspend or terminate the provision of the service, in whole or in part, to the recipients;

2021/07/19
Committee: JURI

Proposal for a regulation
Article 17 – paragraph 1 – point c

(c) decisions whether or not to suspend or terminate the recipients’ account.

2021/07/19
Committee: JURI

Proposal for a regulation
Article 17 – paragraph 1 – point c a (new)

(ca) decisions whether or not to restrict the ability to monetize content provided by the recipients;

2021/07/19
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Article 2 – paragraph 1 – point d – indent 2

— the ~~targe~~proactive directing of activities towards one or more Member States.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Article 2 – paragraph 1 – point e

(e) ‘trader’ means any natural person, or any legal person irrespective of whether privately or publicly owned, who is acting, including through any person acting in his or her name or on his or her behalf, for purposes relating to his or her trade, business, craft or profession, irrespective of the legality of those actions;

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 17 – paragraph 1 – point c b (new)

(cb) decisions whether or not to apply labels or additional information on content.

2021/07/19
Committee: JURI

Proposal for a regulation
Article 17 – paragraph 1 a (new)

1a. When the decision to remove or disable access to the information is followed by the transmission of this information in accordance with Article 15a, the period of at least six months as set out in paragraph 1 shall be considered to start from the day on which the recipient was informed in accordance with Article 15(2).

2021/07/19
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 2 – paragraph 1 – point f – indent 1

— a ‘mere conduit’ service that consists of the transmission in a communication network of information provided by a recipient of the service, or the provision of access to a communication network, including technical auxiliary functional services;

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Laurence FARRENG, Karen MELCHIOR

Proposal for a regulation
Article 17 – paragraph 5

5. Online platforms shall ensure that recipients of the service are given the possibility, where necessary, to contact a human interlocutor at the time of the submission of the complaint and that the decisions, referred to in paragraph 4, are not solely taken on the basis of automated means.

2021/07/19
Committee: JURI

Proposal for a regulation
Article 2 – paragraph 1 – point f – indent 3 a (new)

- an ‘online search engine’ as defined in point (5) of Article 2 of Regulation (EU) 2019/1150;

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Karen MELCHIOR, Laurence FARRENG

Proposal for a regulation
Article 2 – paragraph 1 – point f a (new)

(fa) live streaming platform services shall be defined as information society services of which the main or one of the main purposes is to give the public access to audio or video material that is live broadcasted by its users, which it organises and promotes for profit-making purposes;

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Laurence FARRENG, Karen MELCHIOR

Proposal for a regulation
Article 18 – paragraph 1 – introductory part

1. Recipients of the service individuals or entities that have submitted notices, addressed by the decisions referred to in Article 17(1), shall be entitled to select any out-of- court dispute settlement body that has been certified in accordance with paragraph 2 in order to resolve disputes relating to those decisions, including complaints that could not be resolved by means of the internal complaint-handling system referred to in that Article. Online platforms shall engage, in good faith, with the body selected with a view to resolving the dispute and shall be bound by the decision taken by the body.

2021/07/19
Committee: JURI

Proposal for a regulation
Article 2 – paragraph 1 – point f b (new)

(fb) private messaging services shall be defined as number-independent interpersonal communications services as defined in Article 2(7) of Directive (EU) 2018/1972, excluding transmission of electronic mail as defined in Article 2 (h) of Directive 2002/58/EC;

2021/07/08
Committee: IMCO

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1

The first subparagraph is without prejudice to the right of the recipient or individuals or entities that have submitted notices, concerned to redress against the decision before a court in accordance with the applicable law.

2021/07/19
Committee: JURI

Proposal for a regulation
Article 18 – paragraph 1 a (new)

1a. Where a recipient seeks a resolved to multiple complaints, either party may request that the out-of-court dispute settlement body treats and resolves these complaints in a single dispute decision.

2021/07/19
Committee: JURI

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 18 – paragraph 2 – point a

(a) it is impartial and independent of online platforms and recipients of the service provided by the online platforms and of individuals or entities that have submitted notices;

2021/07/19
Committee: JURI

Proposal for a regulation
Article 18 – paragraph 2 – point c

(c) the dispute settlement is easily accessible, including for persons with disabilities, through electronic communication technology;

2021/07/19
Committee: JURI

Proposal for a regulation
Article 18 – paragraph 2 – point d

(d) it is capable of settling dispute in a swift, efficient, accessible for persons with disabilities and cost-effective manner and in at least one official language of the Union;

2021/07/19
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Article 2 – paragraph 1 – point h

(h) ‘online platform’ means a provider of a hosting service which, at the request of a recipient of the service, with which it has a direct relationship stores and disseminates to the public information, unless that activity is a minor and purely ancillary feature of another service and, for objective and technical reasons cannot be used without that other service, and the integration of the feature into the other service is not a means to circumvent the applicability of this Regulation. For the purpose of this Regulation, cloud computing service shall not be considered to be an online platform in cases where allowing the dissemination of hyperlinks to a specific content constitutes a minor and ancillary feature.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Laurence FARRENG, Karen MELCHIOR

Proposal for a regulation
Article 2 – paragraph 1 – point h a (new)

(ha) ‘very large online platform’ means a provider of a hosting service 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;

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 2 – paragraph 1 – point h a (new)

(ha) ‘online marketplace’ means an online platform that allows consumers to conclude distance contracts with other traders or consumers on their platform;

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 2 – paragraph 1 – point h a (new)

(ha) ‘cloud computing service’ means a digital service that enables access to a scalable and elastic pool of shareable computing resources;

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Article 2 – paragraph 1 – point i a (new)

(ia) ‘online marketplace’ means an online platform which allows consumers to conclude distance contracts with traders on its platform;

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Article 2 – paragraph 1 – point k a (new)

(ka) ‘trusted flagger’ means an entity that has been nominated by a Digital Services Coordinator based on specific conditions to be authorised to issue priority notifications as to illegal content found on a platform.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 2 – paragraph 1 – point n

(n) ‘advertisement’ means information designed to promote the message of a legal or natural person, irrespective of whether the person is incorporated or unincorporated and irrespective of whether the information is designed to achieve commercial or non-commercial purposes, and displayed by an online platform on its online interface normally against remuneration specifically for promoting that ~~information~~message;

2021/07/08
Committee: IMCO

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 19 – paragraph 2 – point b

~~(b) it represents collective interests and is independent from any online platform;~~deleted

2021/07/19
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 2 – paragraph 1 – point p

(p) ‘content moderation’ means the activities, either through automated or manual means, undertaken by providers of intermediary services aimed at detecting, identifying and addressing illegal content or information incompatible with their terms and conditions, provided by recipients of the service, including measures taken that affect the availability, visibility, monetisation and accessibility of that illegal content or that information, such as demotion, disabling of access to, delisting, demonetisation or removal thereof, or the recipients’ ability to provide that information, such as the termination or suspension of a recipient’s account;

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 19 – paragraph 2 – point c a (new)

(ca) it has a transparent funding structure, including publishing the sources and amounts of all revenue annually

2021/07/19
Committee: JURI

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 19 – paragraph 2 – point c b (new)

(cb) it is not already a trusted flagger in another Member State.

2021/07/19
Committee: JURI

Proposal for a regulation
Article 19 – paragraph 2 – point c c (new)

(cc) it publishes, at least once a year, clear, easily comprehensible and detailed reports on any notices submitted in accordance with Article 14 during the relevant period. The report shall list notices categorised by the identity of the hosting service provider, the type of alleged illegal or terms and conditions violating content concerned, and what action was taken by the provider. In addition, the reports hall identify relationships between the trusted flagger and any online platform, law enforcement, or other government or relevant commercial entity, and explain the means by which the trusted flagger maintains its independence.

2021/07/19
Committee: JURI

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Laurence FARRENG, Karen MELCHIOR

Proposal for a regulation
Article 2 – paragraph 1 – point p a (new)

(pa) ‘deep fake’ means a generated or manipulated image, audio or video content that appreciably resembles existing persons, objects, places or other entities or events and falsely appears to a person to be authentic or truthful;

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Morten LØKKEGAARD, Karen MELCHIOR

Proposal for a regulation
Article 2 – paragraph 1 – point q

(q) ‘terms and conditions’ means all terms and conditions or specifications by the service provider, irrespective of their name or form, which govern the contractual relationship between the provider of intermediary services and the recipients of the services, and are unilaterally determined by the provider of online intermediary services and that unilateral determination of terms and conditions is being evaluated on the basis of an overall assessment for which the relative size of the parties concerned, the fact that a negotiation took place, or that certain provisions thereof might have been subject to such a negotiation and determined together by the relevant provider and recipient are not, in themselves, decisive; or the rules laid down by the intermediary service provider under which users will be allowed to use the intermediation service concerned.

2021/07/08
Committee: IMCO

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 2 – paragraph 1 – point q a (new)

(qa) 'dark patterns' means an online interface or a part thereof that via its structure, function or manner of operation subverts or impairs the autonomy, decisions-making, or choice of recipients of the service.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 2 – paragraph 1 – point q a (new)

(qa) ‘dark pattern’ means a user interface designed or manipulated with the substantial effect of subverting or impairing user autonomy, decision- making or choice.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Marco ZULLO, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 2 – paragraph 1 – point q b (new)

(qb) ‘persons with disabilities’ means persons with disabilities within the meaning of Article 3(1) of Directive (EU) 2019/882

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 19 a (new)

Article 19a Accessibility requirements for online platforms 1. Providers of online platforms which offer services in the Union shall ensure that they design and provide services in accordance with the accessibility requirements set out in Section III, Section IV, Section VI, and Section VII of Annex I of Directive (EU) 2019/882. 2. Providers of online platforms shall prepare the necessary information in accordance with Annex V of Directive (EU) 2019/882 and shall explain how the services meet the applicable accessibility requirements. The information shall be made available to the public in written and oral format, including in a manner which is accessible to persons with disabilities. Providers of online platforms shall keep that information for as long as the service is in operation. 3. Providers of online platforms shall ensure that information, forms and measures provided pursuant to this Regulation are made available in a manner that they are easy to find and accessible to persons with disabilities. 4. Providers of online platforms which offer services in the Union shall ensure that procedures are in place so that the provision of services remains in conformity with the applicable accessibility requirements. Changes in the characteristics of the provision of the service, changes in applicable accessibility requirements and changes in the harmonised standards or in technical specifications by reference to which a service is declared to meet the accessibility requirements shall be adequately taken into account by the provider of intermediary services. 5. In the case of non-conformity, providers of online platforms shall take the corrective measures necessary to bring the service into conformity with the applicable accessibility requirements. 6. Provider of online platforms shall, further to a reasoned request from a competent authority, provide it with all information necessary to demonstrate the conformity of the service with the applicable accessibility requirements. They shall cooperate with that authority, at the request of that authority, on any action taken to bring the service into compliance with those requirements. 7. Online platforms which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union, shall be presumed to be in conformity with the accessibility requirements of this Regulation in so far as those standards or parts thereof cover those requirements. 8. Online platforms which are inconformity with the technical specifications or parts thereof adopted for the Directive (EU) 2019/882 shall be presumed to be in conformity with the accessibility requirements of this Regulation in so far as those technical specifications or parts thereof cover those requirements.

2021/07/19
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Marco ZULLO, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 2 – paragraph 1 – point q c (new)

(qc) ‘deep fake’ means a generated or manipulated image, audio or video content that appreciably resembles existing persons, objects, places or other entities or events and falsely appears to a person to be authentic or truthful.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Morten LØKKEGAARD, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Article 20 – paragraph 1

1. Online platforms shall suspend, for a reasonable period of time and after having issued a prior warning, the provision of their services to recipients of the service that frequently provide manifestly illegal content, or content that is in breach with their terms and conditions.

2021/07/19
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 4 – paragraph 1 – introductory part

1. Where an information society 1. service is provided that consists of the transmission in a communication network of information provided by a recipient of the service, the service provider shall not be liable for the automatic, intermediate and temporary storage of that information, performed for the sole purpose of making more efficient or more secure the information's onward transmission to other recipients of the service upon their request, on condition that:

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 4 – paragraph 1 – point a

(a) the provider does not modify the fin~~formation~~al content;

2021/07/08
Committee: IMCO

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 20 – paragraph 3 a (new)

3a. Suspensions referred to in paragraphs 1 and 2 may be declared permanent where (a) compelling reasons of law or public policy, including ongoing criminal investigations, justify avoiding or postponing notice to the recipient; (b) the items removed were components of high-volume campaigns to deceive users or manipulate platform content moderation efforts; or (c) the items removed were related to content covered by [Directive 2011/93/EU updated reference] or [Directive (EU) 2017/541 XXX New Ref to TCO Regulation].

2021/07/19
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 5 – paragraph 3

3. Paragraph 1 shall not apply with respect to liability under consumer protection law of online ~~platforms allowing consumers to conclude distance contracts with trader~~marketplaces, where such an online ~~platform~~marketplace presents the specific item of information or otherwise enables the specific transaction at issue in a way that would lead an average and reasonably well-informed consumer to believe that the information, or the product or service that is the object of the transaction, is provided either by the online platform itself or by a recipient of the service who is acting under its authority or control.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Laurence FARRENG, Karen MELCHIOR

Proposal for a regulation
Article 5 – paragraph 3

3. Paragraph 1 shall not apply with respect to liability under consumer protection law of ~~online platforms allowing consumers to conclude distance contracts with trader~~providers of online marketplaces, where such an online ~~platform~~marketplace presents the specific item of information or otherwise enables the specific transaction at issue in a way that would lead an average and reasonably well-informed consumer to believe that the information, or the product or service that is the object of the transaction, is provided either by the online ~~platform~~marketplace itself or by a recipient of the service who is acting under its authority or control.

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 5 – paragraph 3

3. Paragraph 1 shall not apply with respect to liability under consumer protection law of online platforms allowing consumers to conclude distance contracts with traders, where such an online platform presents the specific item of information or otherwise enables the specific transaction at issue in a way that would lead a~~n average and reasonably well-informed~~ consumer to believe that the information, or the product or service that is the object of the transaction, is provided either by the online platform itself or by a recipient of the service who is acting under its authority or control.

2021/07/08
Committee: IMCO

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 21 – paragraph 2 a (new)

2a. Unless instructed otherwise by the informed authority, the provider shall remove or disable the content. It shall store all content and related data for at least six months.

2021/07/19
Committee: JURI

Proposal for a regulation
Article 21 – paragraph 2 b (new)

2b. Information obtained by a law enforcement or judicial authority of a Member State in accordance with paragraph 1 shall not be used for any purpose other than those directly related to the individual serious criminal offence notified.

2021/07/19
Committee: JURI

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 21 – paragraph 2 c (new)

2c. The Commission shall adopt an implementing act setting down a template for notifications under paragraph 1.

2021/07/19
Committee: JURI

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 21 – paragraph 2 d (new)

2d. Where a notification of suspicions of criminal offences includes information which may be seen as potential electronic information in criminal proceedings, Regulation XXX [E-evidence] shall apply.

2021/07/19
Committee: JURI

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 6

Voluntary own-initiative investigations Providers of intermediary services shall not be deemed ineligible for the exemptions from liability referred to in Articles 3, 4 and 5 solely because they carry out voluntary own-initiative investigations or other activities aimed at detecting, identifying and removing, or disabling of access to, illegal content, or take the necessary measures to comply with the requirements of Union law, including those set out in this Regulation.Article 6 deleted and legal compliance

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 22 – paragraph 1 – point c

(c) the ~~bank~~payment account details of the trader~~, where the trader is a natural person~~;

2021/07/19
Committee: JURI

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 22 – paragraph 1 – point d

(d) the name, address, telephone number and electronic mail address of the economic operator, ~~within the meaning of~~established in the Union and carrying out the tasks in accordance with Article 3(13) and Article 4 of Regulation (EU) 2019/1020 of the European Parliament and the Council51 or [Article XX of the General Product Safety Regulation], or any relevant act of Union law; _________________ 51Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).

2021/07/19
Committee: JURI

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Laurence FARRENG, Stéphane SÉJOURNÉ, Christophe GRUDLER, Karen MELCHIOR

Proposal for a regulation
Article 6 – paragraph 1

Providers of intermediary services shall not be deemed ineligible for the exemptions from liability referred to in Articles 3, 4 and 5 solely because they carry out voluntary own-initiative investigations or other activities aimed at detecting, identifying and removing, or disabling of access to, illegal content, or take the necessary measures to comply with the requirements of Union ~~law, including those~~or national law, in conformity with the Union law, including the EU Charter on Fundamental Rights, and the requirements set out in this Regulation.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 7 – paragraph 1

No general obligation to monitor the information which providers of intermediary services transmit or store, nor actively to seek facts or circumstances indicating illegal activity shall be imposed on those providers. This Regulation shall not prevent providers from offering end- to-end encrypted services. The provision of such services shall not constitute a reason for liability or for becoming ineligible for the exemptions from liability.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Karen MELCHIOR, Laurence FARRENG

Proposal for a regulation
Article 8 – paragraph 1

1. Providers of intermediary services shall, upon the receipt of an order to act against a specific item of illegal content, issued by the relevant national judicial or administrative authorities, on the basis of the applicable Union or national law, in conformity with Union ~~law~~or national law, that is in conformity with Union law, including the EU Charter on Fundamental Rights, inform the authority issuing the order of the effect given to the orders, without undue delay, specifying the action taken and the moment when the action was taken.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Article 8 – paragraph 1

1. Providers of intermediary services shall, upon the receipt of an order to act against a specific individual item of illegal content, received from and issued by the relevant national judicial or administrative authorities, on the basis of the applicable Union or national law, in conformity with Union law, inform the authority issuing the order of the effect given to the orders, without undue delay, specifying the action taken and the moment when the action was taken.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Article 8 – paragraph 1 a (new)

1a. If the provider cannot comply with the removal order because it contains manifest errors or does not contain sufficient information for its execution, it shall, without undue delay, inform the authority that has issued the order.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR

Proposal for a regulation
Article 8 – paragraph 1 b (new)

1b. Where the provider does not have its main establishment or legal representative in the Member State of the competent authority that has issued the order and the provider believes that the implementation of an order issued under paragraph 1 would infringe the Charter of Fundamental rights of the European Union, Union law, or the national law of the Member State in which the main establishment or legal representative of the provider is located, or does not meet the conditions of paragraph 2, the provider shall have the right to submit a reasoned request for a decision of the Digital Services Coordinator from the Member State of establishment. The provider shall inform the authority issuing the order of this submission.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR

Proposal for a regulation
Article 8 – paragraph 1 c (new)

1c. Upon receiving such a submission, the Digital Services Coordinator shall in a timely manner scrutinise the order and inform the provider of its decision. Where the Digital Services Coordinator agrees with the reasoning of the provider, in whole or in part, the Digital Services Coordinator shall inform, without undue delay, the Digital Services Coordinator of the Member State of the judicial or administrative authority issuing the order of its objection. The Digital Services Coordinator may choose to intervene on behalf of the provider in any redress, appeal or other legal processes in relations to the order.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR

Proposal for a regulation
Article 8 – paragraph 1 d (new)

1d. Until an objection under paragraph 1, point (c) is withdrawn, any penalties, fines or other sanctions related to the non-implementation of an order issued by the relevant national judicial or administrative authorities shall be suspended and the order shall cease to have legal effects.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Marco ZULLO, Svenja HAHN, Karen MELCHIOR

Proposal for a regulation
Article 8 – paragraph 1 e (new)

1e. Paragraphs 1b and 1c shall not apply in the case of very large online platforms or where a content is manifestly illegal under Union law.

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 23 – paragraph 1 – point c a (new)

(ca) the number of advertisements that were removed, labelled or disabled by the online platform and justification of the decisions;

2021/07/19
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Article 8 – paragraph 2 – point a – indent 1 a (new)

— the identification of the issuing authority and the means to verify the authentication of the order;

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 23 – paragraph 4 a (new)

4a. Where published to the general public, the annual transparency reports referred to in paragraph 1 shall not include information that may prejudice ongoing activities for the prevention, detection, or removal of illegal content or content counter to a hosting provider’s terms and conditions.

2021/07/19
Committee: JURI

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 23 a (new)

Article 23a Online advertising and recommender systems 1. Online platforms that directly or indirectly display advertising to the recipients of the service or use recommender systems shall not use inferred data resulting from the profiling of the recipients or any personal data collected about them in services provided by third parties. Online platforms may use personal data explicitly provided or declared by the recipients, provided that they have been granted consent within the meaning of Article 4(11) of Regulation (EU) 2016/679. Online platforms shall ensure that the option that does not require the use of personal data is activated by default and that users of the service have the option to opt-in of personalised advertisements or recommendations. 2. Online platforms shall, where applicable, provide an easily available functionality on their online interface allowing the recipients of the service, at any time, to: (a) declare, modify and delete their personal data referred to in paragraph 1; (b) modify and delete any categories used by the platform to categorise the content of advertisements or recommendations. (c) exclude data collected from other related products/services or from previous engagement with certain content, pages, or users. Article 12b (4) applies accordingly to the communication of consent referred to in paragraph 1 and choices made by the recipient of the service mentioned above. 3. Online platforms that use recommender systems and systems for selecting and displaying advertisements, shall set out in an easily accessible place in their online interface, such as in their terms and conditions and separately at the moment the advertisement or the content recommendation to recipients of the service takes place, in a clear, accessible and easily comprehensible manner, relevant information on the functioning of these systems, in particular their parameters, and ensure that significant changes to the information provided on their online interfaces is traceable over time. 4. Online platforms shall set out in terms and conditions relevant information as to how the company may interfere with the regular operation and optimization goal of the recommender system and ensure that significant changes to the information provided on the site is traceable over time. 5. Pursuant to the transparency reporting obligations of articles 13, 23, and 44, online platforms shall provide in a clear, accessible and easily comprehensible manner, transparency as to the trust and safety operations addressed to recommender systems. This transparency shall include, at a minimum: (a) Comprehensive definitions of content that platforms apply specific content moderation measures to and information about specific content moderation practices that are applied to such content. (b) Aggregate data that accounts for the total views and view rate of content that was subsequently removed pursuant to orders issued in accordance with Articles 8 and 9 or on the basis of content moderation engaged in at the provider’s own initiative; (c) Aggregate data on the relative share of violative content that compared to the total volume of content on the service and/or overall amount of such content (d) Aggregate data on reach and recommendation of as well as engagement with violative content (e) Aggregate data on how long after being uploaded violative content was de- amplified or down-ranked 6. The parameters referred to in paragraph 3 shall include, at a minimum: (a) the criteria used by relevant systems, (b) the indication of the importance that specific criteria have for outputs produced by relevant systems, (c) the optimisation goals of relevant systems, (d) if applicable, a list of categories of personal data taken into account by relevant systems, sources of this data, and an explanation of the role that the behaviour of the recipients of the service plays in how relevant systems produce their outputs, (e) in the case of very large online platforms, the summary of risk assessments referred to in Article 26 and the description of mitigation measures referred to in Article 27.

2021/07/19
Committee: JURI

Proposal for a regulation
Article 24 – paragraph 1 – introductory part

Online platforms that directly and indirectly display advertising on their online interfaces shall ensure that the recipients of the service can identify, for each specific advertisement displayed to each individual recipient, in a clear, meaningful, salient, uniform and unambiguous manner and in real time:

2021/07/19
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Morten LØKKEGAARD, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Article 24 – paragraph 1 – point b

(b) the natural or legal person or group on whose behalf the advertisement is displayed and the natural or legal person who financed the advertisement;

2021/07/19
Committee: JURI

Proposal for a regulation
Article 8 – paragraph 2 – point b

(b) the territorial scope of the order, on the basis of the applicable rules of Union and national law, including the Charter, and, where relevant, general principles of international law, does not exceed what is strictly necessary to achieve its objective and in any case does not exceed the territory of the Member State of the order;

2021/07/08
Committee: IMCO

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

(c) clear, meaningful and uniform information about the ~~main~~ parameters used to determine the recipient to whom the advertisement is displayed. and the logic involved;

2021/07/19
Committee: JURI

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 24 – paragraph 1 – point c a (new)

(ca) whether the advertisement was selected using an automated mechanism. such as ad exchange mechanisms, and if so, the identity of the natural or legal person responsible for the system;

2021/07/19
Committee: JURI

Proposal for a regulation
Article 24 – paragraph 1 – point c b (new)

(cb) if the online platform uses automated systems to determine the recipients of the service to whom the advertisement should be displayed, meaningful information about the reasons why a given advertisement has been deemed relevant for a specific recipient of the service.

2021/07/19
Committee: JURI

Proposal for a regulation
Article 24 – paragraph 1 a (new)

Online platforms that suggest advertised content to which the recipients of the service have not explicitly looked for or subscribed to shall ensure that the recipients of the service can identify, for each specific suggestion, in a clear and unambiguous manner and in real time, meaningful information about the criteria used to suggest this content to the recipient, including, where applicable, personal data of the recipient taken into account pursuant to Article XY.

2021/07/19
Committee: JURI

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Laurence FARRENG, Karen MELCHIOR

Proposal for a regulation
Article 24 – paragraph 1 b (new)

Providers of online platforms shall, by default, not make the recipients of their service subject to behavioural and micro- targeted advertisements unless the recipients of the service has expressed a freely given, specific, informed and unambiguous consent in the line with the requirements under Regulation (EU) 2016/679 and article 12(2b). Providers of online platforms shall ensure this requirements applies to previous choices expressed by individual recipients of the service.

2021/07/19
Committee: JURI

Proposal for a regulation
Article 8 – paragraph 2 – point c

(c) the order is drafted in the language declared by the provider and is sent to the point of contact, appointed by the provider, in accordance with Article 10, or in the official language of the Member State that issues the order against the specific item of illegal content. In such case, the point of contact may request the competent authority to provide translation into the language declared by the provider.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 8 – paragraph 2 – point c

(c) the order is drafted in the language declared by the provider and is sent to the point of contact, appointed by the provider, in accordance with Article 10, or in the official language of the Member State that issues the order against the specific item of illegal content. In such case, the point of contact may request the competent authority to provide translation into the language declared by the provider.

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 24 – paragraph 1 c (new)

Providers of online platforms shall provide individual recipients of the service the possibility to modify or influence the parameters used to display advertisements to the recipient of the service. The default parameters shall be the most respectful and protective possible towards the rights of consumers.

2021/07/19
Committee: JURI

Karen MELCHIOR, Hilde VAUTMANS, Liesje SCHREINEMACHER, Ivars IJABS, Samira RAFAELA, Michal ŠIMEČKA, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 24 – paragraph 1 d (new)

Online platforms shall also build special protections for individual recipients of the service below the age of 16 to limit their exposure to advertising. Advertisements that are targeted or micro targeted toward individuals or segments of individuals who are below the age of 18 on the basis of their personal data, behaviour, the tracking of their activities or profiling within the meaning of Article 4(4) of Regulation (EU) 2016/679 shall not be permitted.

2021/07/19
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Article 8 – paragraph 2 – point c a (new)

(ca) the order is issued only where no other effective means are available to bring about the cessation or the prohibition of the infringement

2021/07/08
Committee: IMCO

Karen MELCHIOR, Hilde VAUTMANS, Ivars IJABS, Samira RAFAELA

Proposal for a regulation
Article 24 – paragraph 1 e (new)

Online platforms shall not be allowed to resort to cross-device and cross-service combination of data processed inside or outside the platform.

2021/07/19
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Article 8 – paragraph 2 – point c b (new)

(cb) where more than one provider of intermediary services is responsible for hosting the specific item, the order is issued to the most appropriate provider that has the technical and operational ability to act against the specific item.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Article 8 – paragraph 2 a (new)

2a. The Commission shall adopt delegated acts in accordance with Article 69, after consulting the Board, to lay down a specific template and form for such orders.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Article 8 – paragraph 2 b (new)

2b. Member States shall ensure that providers have a right to appeal and object to implementing the order and shall facilitate the use and access to that right.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Article 8 – paragraph 2 c (new)

2c. When an order to act against a specific individual item of illegal content is issued by a relevant national judicial or administrative authority, Member States shall ensure that the relevant national judicial or administrative authority duly informs the Digital Services Coordinator from the Member State of the judicial or administrative authority.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1 a (new)

Where upon receiving the copy of the order, at least three Digital Services Coordinators consider that the order violates Union or national law that is in conformity with Union law, including the Charter, they can object the enforcement of the order to the Board, based on a reasoned statement. Following recommendation of the Board, the Commission may decide whether the order is to be enforced.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 8 – paragraph 4

4. The conditions and requirements laid down in this article shall be without prejudice to requirements under national criminal procedural law and administrative law in conformity with Union law, including the Charter on Fundamental Rights. While acting in accordance with such laws, authorities shall not go beyond what is necessary in order to attain the objectives followed therein.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Laurence FARRENG, Karen MELCHIOR, Marco ZULLO

Proposal for a regulation
Article 8 – paragraph 4

4. The conditions and requirements laid down in this article shall be without prejudice to requirements under national criminal procedural law in conformity with Union law, including the EU Charter on Fundamental Rights.

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 26 – paragraph 1 – introductory part

1. Very large online platforms shall identify, analyse and assess, from the date of application referred to in the second subparagraph of Article 25(4), ~~at least once a year thereafter,~~on an ongoing basis, the probability and severity of any significant systemic risks stemming from the functioning and use made of their services in the Union. This risk assessment shall be specific to their services and shall include the following systemic risks:

2021/07/19
Committee: JURI

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Laurence FARRENG, Karen MELCHIOR

Proposal for a regulation
Article 9 – paragraph 1

1. Providers of intermediary services shall, upon receipt of an order to provide a specific item of information about one or more specific individual recipients of the service, issued by the relevant national judicial or administrative authorities on the basis of the applicable Union or national law, in conformity with Union law, inform without undue delay the authority of issuing the order of its receipt and the effect given to the order. Where no effect has been given to the order, providers of intermediary services shall provide without delay the authority of issuing the order with a statement of reasons as to why the order was not given an effect.

2021/07/08
Committee: IMCO

Karen MELCHIOR, Samira RAFAELA, Hilde VAUTMANS, Liesje SCHREINEMACHER, Ivars IJABS, Michal ŠIMEČKA, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 26 – paragraph 1 – point a

(a) the dissemination of illegal content and content that is in breach of their terms and conditions through their services;,

2021/07/19
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 9 – paragraph 1

1. Providers of intermediary services shall, upon receipt of an order to provide a specific item of information about one or more specific individual recipients of the service, received from and issued by the relevant national judicial or administrative authorities on the basis of the applicable Union or national law, in conformity with Union law, inform without undue delay the authority of issuing the order of its receipt and the effect given to the order.

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 26 – paragraph 1 – point b

(b) any negative effects for the exercise of any of the fundamental rights listed in the Charter, in particular on the fundamental rights to respect for private and family life, freedom of expression and information, the prohibition of discrimination, the right to gender equality and the rights of the child, as enshrined in Articles 7, 11, 21, 23 and 24 of the Charter respectively;

2021/07/19
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Article 9 – paragraph 1 a (new)

1a. If the provider cannot comply with the information order because it contains manifest errors or does not contain sufficient information for its execution, it shall, without undue delay, inform the authority that issued the information order

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR

Proposal for a regulation
Article 9 – paragraph 1 b (new)

1b. Where the provider does not have its main establishment or legal representative in the Member State of the competent authority that issued the order and a provider believes that the implementation of an order issued under paragraph 1 would infringe the Charter, Union law, or the national law of the Member State in which the main establishment or legal representative of the provider is located, or does not meet the conditions of paragraph 2, the provider shall have the right to submit a reasoned request for a decision of the Digital Services Coordinator from the Member State of establishment. The provider shall inform the authority issuing the order of this submission.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR

Proposal for a regulation
Article 9 – paragraph 1 c (new)

1c. Upon receiving such a submission, the Digital Services Coordinator shall in a timely manner scrutinise the order and inform the provider of its decision. Where the Digital Services Coordinator agrees with the reasoning of the provider, in whole or in part, the Digital Services Coordinator shall inform of its objection, without undue delay, the Digital Services Coordinator from the Member State of the judicial or administrative authority issuing the order. The Digital Services Coordinator may choose to intervene on behalf of the provider in any redress, appeal or other legal processes in relations to the order.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR

Proposal for a regulation
Article 9 – paragraph 1 d (new)

1d. Until an objection under paragraph 1, point (c) is withdrawn, any penalties, fines or other sanctions related to the non-implementation of an order issued by the relevant national judicial or administrative authorities shall be suspended and the order shall cease to have legal effects.

2021/07/08
Committee: IMCO

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 26 – paragraph 1 – point c

(c) intentional manipulation of their service and amplification of content that is in breach of their terms and conditions, including by means of inauthentic use, such as ‘deep fakes’ or automated exploitation of the service, with an actual or foreseeable negative effect on the protection of public health, minors, democratic values, media freedom and freedom of expression of journalists, as well as their ability to verify facts, civic discourse, or actual or foreseeable effects related to electoral processes and public security.

2021/07/19
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Article 9 – paragraph 2 – point a – indent -1 (new)

— the identification of the issuing authority and the means to verify the authentication of the order;

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Laurence FARRENG, Karen MELCHIOR

Proposal for a regulation
Article 9 – paragraph 2 – point a – indent 1

— a statement of reasons ~~explaining the objective for~~according to which the information is required ~~and why the requirement to provide the information is necessary and proportionate~~ to determine compliance by the recipients of the intermediary services with applicable Union or national rules, unless such a statement cannot be provided for reasons related to the prevention, investigation, detection and prosecution of criminal offences;

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Laurence FARRENG, Karen MELCHIOR

Proposal for a regulation
Article 26 – paragraph 2 a (new)

2a. When conducting risk assessments, very large online platforms shall involve representatives of the recipients of the service, representatives of groups potentially impacted by their services, independent experts and civil society organisations. Their involvement shall be tailored to the specific systemic risks that the very large online platform aim to assess.

2021/07/19
Committee: JURI

Proposal for a regulation
Article 9 – paragraph 2 – point c

(c) the order is drafted in the language declared by the provider and is sent to the point of contact appointed by that provider, in accordance with Article 10, or in the official language of the Member State that issues the order against the specific item of illegal content. In such case, the point of contact may request the competent authority to provide translation into the language declared by the provider;

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 9 – paragraph 2 – point c

(c) the order is drafted in the language declared by the provider and is sent to the point of contact appointed by that provider, in accordance with Article 10, or in the official language of the Member State that issues the order against the specific item of illegal content. In such case, the point of contact may request the competent authority to provide translation into the language declared by the provider;

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Article 9 – paragraph 2 – point c a (new)

(ca) the order is issued only where no other effective means are available to receive the same specific item of information

2021/07/08
Committee: IMCO

Karen MELCHIOR, Liesje SCHREINEMACHER, Hilde VAUTMANS, Ivars IJABS, Samira RAFAELA, Michal ŠIMEČKA, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 27 – paragraph 1 – introductory part

1. Very large online platforms shall put in place reasonable, proportionate and effective mitigation measures, tailored to the specific systemic risks identified pursuant to Article 26. Such measures ~~may~~shall include, where applicable:

2021/07/19
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Article 9 – paragraph 2 a (new)

2a. The Commission shall adopt delegated acts in accordance with Article 69, after consulting the Board, to lay down a specific template and form for such orders. It shall ensure that the form meats the standards set down in the Annex of [XXX the regulation on European Production and Preservation Orders for electronic evidence in criminal matters].

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Article 9 – paragraph 2 b (new)

2b. When an order to provide a specific item of information about one or more specific individual recipients of the service is issued by a relevant national judicial or administrative authority, Member States shall ensure that the relevant national judicial or administrative authority duly informs the Digital Services Coordinator from the Member State of the judicial or administrative authority.

2021/07/08
Committee: IMCO

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 27 – paragraph 1 – point a

(a) adapting content moderation or recommender systems, their decision- making processes, design, the features or functioning of their services, or their terms and conditions;

2021/07/19
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 9 – paragraph 4

4. The conditions and requirements laid down in this article shall be without prejudice to requirements under national criminal procedural law and administrative law in conformity with Union law.

2021/07/08
Committee: IMCO

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 27 – paragraph 1 – point b

(b) targeted measures aimed at limiting the display of and targeting of advertisements in association with the service they provide;

2021/07/19
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Marco ZULLO, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Chapter III – title

Due diligence oObligations for a transparent, accessible and safe online environment

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 9 a (new)

Article 9a Waiver 1. Providers of intermediary services may apply to the Commission for a waiver from the requirements of Chapter III, proved that they are: (a) non-for-profit or equivalent and serve a manifestly positive role in the public interest; (b) micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC; or (c) a medium enterprises within the meaning of the Annex to Recommendation 2003/361/EC without any systemic risk related to illegal content. The Providers shall present justified reasons for their request. 2. The Commission shall examination such an application and, after consulting the Board, may issue a waiver in whole or in parts to the requirements of this Chapter. 3. Upon the request of the Board or the provider, or on its own initiative, the Commission may review a waiver issued and revoke the waiver in whole or in parts. 4. The Commission shall maintain a list of all waivers issued and their conditions and shall publish this list to the public. (This amendment should be placed between the Chapter Title and the Section title)

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Article 9 a (new)

Article 9a Conflict between Union Acts 1. Where any obligation set down in this Regulation can be viewed as equivalent with or superseded by an obligation within another Union act, in which a provider of intermediary services is also a subject, a provider of intermediary services may apply to the Commission for a waiver from such requirements or a declaration that it should be deemed as having complied with this Regulation, in whole or in parts. The provider shall present justified reasons for their request. 2. The Commission shall examine such an application and, after consulting the Board, may issue a waiver or declaration in whole or in parts to the requirements of this Regulation. 3. Upon the request of the Board or on its own initiative, the Commission may review a waiver or declaration issued and revoke the waiver or declaration in whole or in parts. 4. The Commission shall maintain a list of all waiver and declaration issued and their conditions and shall publish this list to the public.

2021/07/08
Committee: IMCO

Karen MELCHIOR, Hilde VAUTMANS, Ivars IJABS, Samira RAFAELA, Michal ŠIMEČKA, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 27 – paragraph 1 a (new)

1a. Where a very large online platform decides not to put in place any of the mitigating measures listed in article 27.1, it shall provide a written explanation that describes the reasons why those measures were not put in place, which shall be provided to the independent auditors in order to prepare the audit report in article 28.3.

2021/07/19
Committee: JURI

Proposal for a regulation
Article 27 – paragraph 1 b (new)

1b. The Board shall evaluate the implementation and effectiveness of mitigating measures undertaken by very large online platforms listed in Article 27(1) and where necessary, may issue recommendations.

2021/07/19
Committee: JURI

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 27 – paragraph 2 – introductory part

2. The Board, in cooperation with the Commission, shall publish comprehensive reports, once a year~~, which~~. The reports of the Board shall be broken down per Member State in which the systemic risks occur and in the Union as a whole. The reports shall be published in all the official languages of the Member States of the Union. The reports shall include the following:

2021/07/19
Committee: JURI

Proposal for a regulation
Article 10 – paragraph 2

2. Providers of intermediary services shall make public available and easy accessible the information necessary to easily identify and communicate with their single points of contact. This must include at least a telephone number, an e-mail address and a postal address of the point of contact. The provider may also include electronic contact forms.

2021/07/08
Committee: IMCO

Ramona STRUGARIU, Karen MELCHIOR

Proposal for a regulation
Article 27 – paragraph 2 – point a

(a) identification and assessment of ~~the most prominent and recurrent~~each of the systemic risks reported by very large online platforms or identified through other information sources, in particular those provided in compliance with Article 31 and 33;

2021/07/19
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 10 – paragraph 2 a (new)

2a. Providers of intermediary services may establish the same single point of contact for this Regulation and another single point of contact as required under other Union law. When doing so, the provider shall inform the Commission of this decision.

2021/07/08
Committee: IMCO

Karen MELCHIOR, Hilde VAUTMANS, Ivars IJABS, Samira RAFAELA

Proposal for a regulation
Article 27 – paragraph 3

3. The Commission, in cooperation with the Digital Services Coordinators, ~~may~~and following public consultations shall issue general guidelines on the application of paragraph 1 in relation to specific risks, in particular to present best practices and recommend possible measures, having due regard to the possible consequences of the measures on fundamental rights enshrined in the Charter of all parties involved. ~~When preparing those guidelines the Commission shall organise public consultations.~~

2021/07/19
Committee: JURI

Proposal for a regulation
Article 11 – paragraph 1

1. Providers of intermediary services ~~which do not have an establishment in the Union but which offer services in the Union~~ shall designate, in writing, a legal or natural person as their legal representative in ~~one of the~~each Member States where the provider offers its services.

2021/07/08
Committee: IMCO

Karen MELCHIOR, Ramona STRUGARIU

Proposal for a regulation
Article 11 – paragraph 1

1. Providers of intermediary services ~~which do not have an establishment in the Union but which offer services in the Union~~ shall designate, in writing, a legal or natural person as their legal representative in ~~one of the~~each Member States where the provider offers its services.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR

Proposal for a regulation
Article 11 – paragraph 1

1. Providers of intermediary services which do not have an establishment in the Union but which offer services in the Union ~~shall~~may designate, in writing, a legal or natural person to act as their legal representative in one of the Member States where the provider offers its services.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN

Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1 a (new)

Where a provider of intermediary services chooses not to designate a legal representative, Article 40(3) shall apply.

2021/07/08
Committee: IMCO

Karen MELCHIOR, Michal ŠIMEČKA

Proposal for a regulation
Article 28 – paragraph 1 – point a

(a) the obligations set out in Chapter III; in particular the quality of the identification, analysis and assessment of the risks referred to in Article 26, and the necessity, proportionality and effectiveness of the risk mitigation measures referred to in article 27

2021/07/19
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN

Proposal for a regulation
Article 11 – paragraph 4

4. Providers of intermediary services shall notify the name, address, the electronic mail address and telephone number of their legal representative to the Digital Service Coordinator in the Member State where that legal representative ~~resides or~~ is des~~tablish~~ignated. They shall ensure that that information is up to date.

2021/07/08
Committee: IMCO

Karen MELCHIOR, Hilde VAUTMANS, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 28 – paragraph 2 – introductory part

2. Audits performed pursuant to paragraph 1 shall be performed by organisations which have been selected by the Commission and:

2021/07/19
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 11 – paragraph 5 a (new)

5a. Paragraph 1 shall not apply to providers of intermediary services that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC other than those which are either a very larger online platform or a marketplace.

2021/07/08
Committee: IMCO

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 29 – paragraph 1

1. Very large online platforms that use recommender systems shall set out in their terms and conditions and on a designated web page that can be directly reached from the very large online platforms’ online interface, in a clear, accessible and easily comprehensible manner for the general public, the main parameters used in their recommender systems, the optimisation goals of their recommender systems as well as any options for the recipients of the service to modify or influence those main parameters that they may have made available, including at least one option which is not based on profiling, within the meaning of Article 4 (4) of Regulation (EU) 2016/679.

2021/07/19
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Marco ZULLO, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
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. That information shall include information on any policies, procedures, measures and tools used by the provider of the intermediary service 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, machine-readable format.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Laurence FARRENG, Karen MELCHIOR

Proposal for a regulation
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. That 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 ensure that their terms and conditions prevent the recipients of their services from providing information that is not compliant with Union law or the law of the Member State where the information is provided. Any additional restrictions that providers of intermediary services may impose in relation to the use of their service and the information provided by the recipients of the service shall be in full compliance with the fundam~~biguous language and shall be publicly available in an easily accessible format~~ental rights of the recipients of the services as enshrined in the EU Charter on Fundamental Rights.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Laurence FARRENG, Karen MELCHIOR, Marco ZULLO

Proposal for a regulation
Article 12 – paragraph 1 a (new)

1a. 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. That 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, and available remedies including applicable alternative dispute resolution mechanisms. It shall be set out in clear and unambiguous language and shall be publicly available in an easily accessible format. Providers of intermediary services shall provide recipients of services with a concise and easily readable summary of the terms and conditions, including information on the available remedies and the possibilities for opt-out, where relevant.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Marco ZULLO, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Article 12 – paragraph 2

2. Providers of intermediary services shall act in a diligent, objective and ~~proportionate~~non- arbitrary manner in applying and enforcing the restrictions referred to in paragraph 1, with due regard to the rights and legitimate interests of all parties involved, including the applicable fundamental rights of the recipients of the service as enshrined in the Charter and, where applicable, any community or other standards created by recipients of the service.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Laurence FARRENG, Karen MELCHIOR

Proposal for a regulation
Article 29 – paragraph 2

2. Where several options are available pursuant to paragraph 1, very large online platforms shall provide clear and easily accessible functionality on their online interface allowing the recipient of the service to select and to modify at any time their preferred option for each of the recommender systems that determines the relative order of information presented to them.

2021/07/19
Committee: JURI

Proposal for a regulation
Article 12 – paragraph 2

2. Providers of intermediary services shall actpply and enforce the restrictions referred to in paragraph 2 in a diligent, objective ~~and~~, timely, proportionate ~~manner in applying and enforcing the restrictions referred to in paragraph 1~~and non- discriminatory manner, with due regard to the rights and legitimate interests of all parties involved, including the applicable fundamental rights of the recipients of the service as enshrined in the ~~Charter~~national and Union law, including the EU Charter on Fundamental Rights.

2021/07/08
Committee: IMCO

Karen MELCHIOR, Hilde VAUTMANS, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 12 – paragraph 2

2. Providers of intermediary services shall act in a diligent, objective, timely, and proportionate and non-discriminatory manner in applying and enforcing the restrictions referred to in paragraph 1, with due regard to the rights and legitimate interests of all parties involved~~, including the applicabl~~. The fundamental rights of the recipients of the service as enshrined in the Charter shall be applied in particular when limitations imposed.

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 30 – title

Additional online advertising transparency and protection

2021/07/19
Committee: JURI

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 30 – paragraph 2 – point a

(a) the content of the advertisement, including the name of the product, service or brand and the object of the advertisement;

2021/07/19
Committee: JURI

Proposal for a regulation
Article 30 – paragraph 2 – point b a (new)

(ba) the natural or legal person or group who paid for the advertisement;

2021/07/19
Committee: JURI

Proposal for a regulation
Article 30 – paragraph 2 – point e

(e) the total number of recipients of the service reached in each country and, where applicable, aggregate numbers for the group or groups of recipients to whom the advertisement was targeted specifically.

2021/07/19
Committee: JURI

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 30 – paragraph 2 a (new)

2a. The very large online platform shall design and organise its online interface in such a way that recipients of the service can easily and efficiently exercise their rights under applicable Union law in relation to the processing of their personal data for each specific advertisement displayed to the data subject on the platform, in particular: (a) To withdraw consent or to object to processing (b) To obtain access to the personal data concerning the data subject (c) To obtain rectification of inaccurate personal data concerning the data subject (d) To obtain erasure of personal data without undue delay (e) Where a recipient exercises any of these rights, the online platform must inform any parties to whom the personal data concerned in points (a)-(d) have been enclosed in accordance with Article 19 of Regulation (EU) 2016/679.

2021/07/19
Committee: JURI

Proposal for a regulation
Article 30 – paragraph 2 b (new)

2b. Very large online platforms shall be prohibited from profiling or targeting minors with personalised advertising, in compliance with the industry-standards laid down in Article 34 and Regulation (EU) 2016/679.

2021/07/19
Committee: JURI

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 12 – paragraph 2 c (new)

2c. Providers of intermediary services shall provide recipients of services with a concise and easily readable summary of the terms and conditions. That summary shall identify the main elements of the information requirements, including the possibility of easily opting-out from optional clauses and the remedies available.

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 30 – paragraph 2 c (new)

2c. Very large online platforms shall take adequate measures to detect inauthentic videos (‘deep fakes’). When detecting such videos, they should label them as inauthentic in a way that is clearly visible for the internet user.

2021/07/19
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 12 – paragraph 2 c (new)

2c. Providers of intermediary services shall not require recipients of the service other than traders to make their legal identity public in order to use the service.

2021/07/08
Committee: IMCO

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 30 – paragraph 2 d (new)

2d. Very large online platforms shall offer users the opportunity to check if their username and password have been compromised in a data leak, such as through the pwned open source database.

2021/07/19
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Article 12 – paragraph 2 d (new)

2d. For providers other than very large online platforms, nothing in this Regulation shall prevent a provider of intermediary services provider concerned from terminating the contractual relationship with its recipients without clause, in the situations provided for in the terms and conditions. Providers of a very large online platform shall issue a statement for the termination to the recipient, and the recipient shall have access to the internal complaint mechanism under Article 17 and the out- of-court mechanism under Article 18.

2021/07/08
Committee: IMCO

Liesje SCHREINEMACHER, Bart GROOTHUIS, Hilde VAUTMANS, Marco ZULLO, Karen MELCHIOR, Morten LØKKEGAARD, Sandro GOZI

Proposal for a regulation
Article 12 a (new)

Article 12a General Risk Assessment and Mitigation Measures 1. Providers of intermediary services shall identify, analyse and assess, at least once and at each significant revision of a service thereafter, the potential misuse or other risks stemming from the functioning and use made of their services in the Union. Such a general risk assessment shall be specific to their services and shall include at least risks related to the dissemination of illegal content through their services and any contents that might have a negative effect on potential recipients of the service, especially minors and gender equality. 2. Providers of intermediary services which identify potential risks shall, wherever possible, attempt to put in place reasonable, proportionate and effective mitigation measures in line with their terms and conditions. 3. Where the identified risk relates to minors, without regard to if the child is acting with respect to the terms and conditions, mitigation measures shall include, taking into account the industry standards referred to in Article 34, where needed and applicable: (a) adapting content moderation or recommender systems, their decision- making processes, the features or functioning of their services, or their terms and conditions to ensure those prioritise the best interests of the child; (b) adapting or removing system design features that expose or promote to children to content, contact, conduct and contract risks; (c) ensuring the highest levels of privacy, safety, and security by design and default for children including any profiling or use of data for commercial purposes; (d) if a service is targeted at children, provide child-friendly mechanisms for remedy and redress, including easy access to expert advice and support. 4. Providers of intermediary services shall, upon request, explain to the Digital Services Coordinator of the Member State of establishment, how it undertook this risk assessment and what voluntary mitigation measures it undertook.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Marco ZULLO, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN

Proposal for a regulation
Article 12 a (new)

Article 12a General Risk Assessment and Mitigation Measures 1. Providers of intermediary services shall identify, analyse and assess, at least once and at each significant revision of a service thereafter, the potential misuse or other risks stemming from the functioning and use made of their services in the Union. Such a general risk assessment shall be specific to their services and shall include at least risks related to the dissemination of illegal content through their services and any contents that might have a negative effect on potential recipients of the service, especially minors. 2. Providers of intermediary services which identify potential risks shall. wherever possible, attempt to put in place reasonable, proportionate and effective mitigation measures in line with their terms and conditions. 3. Where the identified risk relations to minor recipients of the service, without regard to if the minor is acting with respect to the terms and conditions, mitigation measures shall include, where needed and applicable: (a) adapting content moderation or recommender systems, their decision- making processes, the features or functioning of their services, or their terms and conditions to ensure those prioritise the best interests of the minor; (b) adapting or removing system design features that expose or promote to minors to content, contact, conduct and contract risks; (c) ensuring the highest levels of privacy, safety, and security by design and default for users under the age of 16, including any profiling or use of data for commercial purposes; (d) if a service is targeted at minors, provide child-friendly mechanisms for remedy and redress, including easy access to expert advice and support. 4. Providers of intermediary services shall, upon request, explain to the Digital Services Coordinator of the Member State of establishment, how they undertook this risk assessment and what voluntary mitigation measures they undertook.

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 12 a (new)

Article 12a Protection of minors 1. If a service is primarily aimed at minors, the providers of intermediary services shall explain conditions and restrictions for the use of the service in an age appropriate way and in a way that is applicable with rules for children's consent in accordance with Article 8 of GDPR. 2. The design and interface of services aimed at and highly used by minors must take into account that children do not have the same well- developed cognitive abilities as adults which makes them more vulnerable to manipulation. Therefore the services shall design their services in a way that children against manipulation and 'dark patterns'

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 12 b (new)

Article 12b Fair consent choice screens 1. Providers of intermediary services that ask the recipients of their service for consent as required by Regulation (EU) 2016/679 to collect or process personal data concerning them shall ensure that the end user choice screens shown to that end are designed in a fair and neutral manner and do not in any way subvert or impair user autonomy, decision-making, or choice via the choice screens’ structure, function or manner of operation. In particular, providers shall refrain from: (a) giving more visual prominence to any of the consent options when asking the recipient of the service for a decision; (b) repeatedly requesting that a recipient of the service consents to data processing, regardless of the scope of purpose of such processing, especially by presenting a pop-up that interferes with user experience; (c) urging a recipient of the service to change any setting or configuration of the service after the person in question has already made her choice, including by the use of a technical standard in accordance with paragraph 3; (d) making the procedure of cancelling a service more cumbersome then signing up to it. 2. The Commission may adopt implementing acts to prescribe binding design aspects and functions of consent choice screens that fulfil the requirements of paragraph 1. 3. Providers of intermediary services shall accept the communication of consent choices made by the recipient of the service through automated means, including through standardised digital signals sent by the recipient’s software used to access the service such as web browsers and operating systems. 4. The Commission shall promote and facilitate the development of technical standards for the automated communication of consent choices through international and Union standardisation bodies. Where standardisation bodies fail to develop a workable technical standard, the Commission shall, not later than two years after entry into force of this Regulation, designate a binding technical standard for the purpose of paragraph 3.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Morten LØKKEGAARD, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN

Proposal for a regulation
Article 13 – paragraph 1 – introductory part

1. Providers of intermediary services shall publish in an easily accessible manner, at least ontwice a year, clear, easily comprehensible and detailed reports on any content moderation they engaged in during the relevant period. The reports must be searchable and archived for further use. Those reports shall include, in particular, information on the following, as applicable:

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Laurence FARRENG, Marco ZULLO, Karen MELCHIOR

Proposal for a regulation
Article 13 – paragraph 1 – introductory part

1. Providers of intermediary services shall publish, at least once a year, clear, easily accessible, comprehensible, and detailed reports on any content moderation they engaged in during the relevant period. The reports shall be available in searchable archives. Those reports shall include, in particular, information on the following, as applicable:

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Morten LØKKEGAARD, Marco ZULLO, Karen MELCHIOR

Proposal for a regulation
Article 13 – paragraph 1 – introductory part

1. Providers of intermediary services shall publish, at least once a year, clear, easily comprehensible and detailed reports to their Digital Services Coordinator of establishment on any content moderation they engaged in during the relevant period. Those reports shall include, in particular, information on the following, as applicable:

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 13 – paragraph 1 – point a

(a) the number of orders received from Member States’ authorities, categorised by the type of illegal content concerned, including orders issued in accordance with Articles 8 and 9, and the average time needed to inform t~~aking the action specified in thos~~he authority issuing the order of its receipt and the effect given to the orders;

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Marco ZULLO, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER, Bart GROOTHUIS

Proposal for a regulation
Article 13 – paragraph 1 – point b

(b) the number of notices submitted in accordance with Article 14, categorised by the type of alleged illegal content concerned, the number of notices submitted by trusted flaggers, any action taken pursuant to the notices by differentiating whether the action was taken on the basis of the law or the terms and conditions of the provider, and the average time needed for taking the action; Providers of intermediary services may add additional information as to the reasons for the average time for taking the action.

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 13 – paragraph 1 a (new)

1a. Where providers of intermediary services do not make the report under paragraph 1 available to the general public, at least a summary of the report under paragraph 1 shall be made available to the general public.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Laurence FARRENG, Karen MELCHIOR

Proposal for a regulation
Article 13 – paragraph 1 a (new)

1a. The information provided shall be broken down per Member State in which services are offered and in the Union as a whole.

2021/07/08
Committee: IMCO

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 33 – paragraph 2 a (new)

2a. The reports shall include content moderation broken down per Member State in which the services are offered and in the Union as a whole and shall be published in the official languages of the Member States of the Union.

2021/07/19
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 13 – paragraph 2

2. Paragraph 1 shall not apply to providers of intermediary services that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC and which are not very large online platforms in accordance with Article 25.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Laurence FARRENG, Karen MELCHIOR

Proposal for a regulation
Article 13 – paragraph 2

2. Paragraph 1 and 1a shall not apply to providers of intermediary services that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 13 – paragraph 2 a (new)

2a. Where made available to the public, the annual transparency reports referred to in paragraph 1 shall not include information that may prejudice ongoing activities for the prevention, detection, or removal of illegal content or content counter to a hosting provider’s terms and conditions.

2021/07/08
Committee: IMCO

Karen MELCHIOR, Liesje SCHREINEMACHER, Hilde VAUTMANS, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 34 – paragraph 1 a (new)

1a. The Commission shall support and promote the development and implementation of standards set by relevant European and international standardisation bodies, subject to transparent, multi-stakeholder and inclusive processes in line with Regulation (EU) 1025/2012, for the protection and promotion of the rights of the child, observance of which, once adopted will be mandatory for very large online platforms, at least for the following: (a) Age assurance and age verification; (b) Child impact assessments; (c) Child-centred and age-appropriate design; (d) Child-centred and age-appropriate terms and conditions.

2021/07/19
Committee: JURI

Proposal for a regulation
Article 13 a (new)

Article 13a Fair consent choice screens 1. Providers of intermediary services that ask the recipients of their service for consent as required by Regulation 2016/679 to collect or process personal data concerning them shall ensure that the end user choice screens shown to that end are designed in a fair and neutral manner and do not in any way subvert or impair user autonomy, decision-making, or choice via the choice screens’ structure, function or manner of operation. In particular, providers shall refrain from: (a) giving more visual prominence to any of the consent options when asking the recipient of the service for a decision;(b) repeatedly requesting that a recipient of the service consents to data processing, regardless of the scope of purpose of such processing, especially by presenting a pop-up that interferes with user experience; (b) urging a recipient of the service to change any setting or configuration of the service after the person in question has already made her choice, including by the use of a technical standard in accordance with paragraph 4; (c) making the procedure of cancelling a service more cumbersome then signing up to it. 2. The Commission may adopt implementing acts to prescribe binding design aspects and functions of consent choice screens that fulfil the requirements of paragraph 1. 3. Providers of intermediary services shall accept the communication of consent choices made by the recipient of the service through automated means, including through standardised digital signals sent by the recipient’s software used to access the service such as web browsers and operating systems. 4. The Commission shall promote and facilitate the development of technical standards for the automated communication of consent choices through international and EU standardisation bodies. Where standardisation bodies fail to develop a workable technical standard, the Commission shall, not later than two years after entry into force of this Regulation, designate a binding technical standard for the purpose of paragraph 3.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Laurence FARRENG, Karen MELCHIOR, Marco ZULLO

Proposal for a regulation
Article 14 – paragraph 1

1. Providers of hosting services, providers of live streaming platform services and of private messaging services shall put mechanisms in place to allow any individual or entity to notify them of the presence on their service of specific items of information that the individual or entity considers to be illegal content, or content that is in breach with their terms and conditions. Those mechanisms shall be easy to access, user- friendly, and allow for the submission of notices exclusively by electronic means and may include: (a) a clearly identifiable banner or single reporting button, allowing users to notify quickly and easily the providers of these services of illegal content they have encountered; (b) providing information to the users on what is considered illegal content under Union and national law; (c) providing information to the users on available national public tools to signal illegal content to the competent authorities.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 14 – paragraph 1

1. Providers of hosting services shall put mechanisms in place to allow any individual or non-governmental entity to notify them of the presence on their service of specific items of information that the individual or entity considers to be illegal content. Those mechanisms shall be easy to access, user- friendly, and allow for the submission of notices exclusively by electronic means and may include: (a) a clearly identifiable banner or single reporting button, allowing the users of those services to notify quickly and easily the providers of hosting services; (b) providing information to the users on what is considered illegal content under Union and national law; (c) providing information to the users on available national public tools to signal illegal content to the competent authorities in Member States were the service is directed.

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 35 – paragraph 3

3. When giving effect to paragraphs 1 and 2, the Commission and the Board shall ~~aim to~~ ensure that the codes of conduct clearly set out their objectives, contain a set of harmonised key performance indicators to measure the achievement of those objectives and take due account of the needs and interests of all interested parties, including citizens, at Union level. The Commission and the Board shall also ~~aim to~~ ensure that participants report regularly to the Commission and their respective Digital Service Coordinators of ~~establishment on~~ any measures taken and their outcomes, as measured against the key performance indicators that they contain. in order to facilitate effective cross-platform monitoring

2021/07/19
Committee: JURI

Proposal for a regulation
Article 35 – paragraph 4

4. The Commission and the Board shall assess whether the codes of conduct meet the aims specified in paragraphs 1 and 3, and shall regularly monitor and evaluate the achievement of their objectives~~. They shall publish their conclusion~~, and publish their conclusions. Furthermore, they shall ensure that there is common alert mechanism managed at EU level to allow for real-time and coordinated responses.

2021/07/19
Committee: JURI

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Laurence FARRENG, Karen MELCHIOR

Proposal for a regulation
Article 14 – paragraph 1

1. Providers of hosting services shall put mechanisms in place to allow any individual or entity to notify them of the presence on their service of specific items of information that the individual or entity considers to be illegal content. Those mechanisms shall be easy to access, clearly visible, user- friendly, located in close proximity to the content and allow for the submission of notices exclusively by electronic means.

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 14 – paragraph 2 – introductory part

2. The mechanisms referred to in paragraph 1 shall be such as to facilitate the submission of sufficiently precise and adequately substantiated notices, on the basis of which a diligent economic operator can identify the illegality or the breach of the content in question with the terms and conditions. To that end, the providers shall take the necessary measures to enable ~~and~~ facilitate the submission of notices containing all of the following elements:

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Laurence FARRENG, Karen MELCHIOR, Marco ZULLO

Proposal for a regulation
Article 14 – paragraph 2 – point a

(a) an explanation of the reasons why the individual or entity considers the information in question to be illegal content, or content that is in breach with providers' terms and conditions;

2021/07/08
Committee: IMCO

Karen MELCHIOR, Liesje SCHREINEMACHER, Hilde VAUTMANS, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 36 – paragraph 2 – point b a (new)

(ba) the setting-up of unique identifier that will enable advertisers and publishers to identify and track a campaign throughout its lifecycle.

2021/07/19
Committee: JURI

Proposal for a regulation
Article 36 a (new)

Article 36a Codes of conduct for the protection of minors 1. The Commission shall encourage and facilitate the drawing up of codes of conduct at Union level between online platforms and other relevant services providers and organisations representing minors, parents and civil society organisations or relevant authorities to further contribute to the protection of minors on online. 2. The Commission shall aim to ensure that the codes of conduct pursue an effective protection of minors online, which respects their right as enshrined in Article 24 of the Charter and the UN Convention on the Rights of the Child, and detailed in the United Nations Committee on the Rights of the Child General comment No. 25 as regards the digital environment. The Commission shall aim to ensure that the codes of conduct address at least: (a) Age verification and age assurance models, taking into account the industry standards referred to in article 34. (b) Child-centred and age-appropriate design, taking into account the industry standards referred to in article 34. 3. The Commission shall encourage the development of the codes of conduct within one year following the date of application of this Regulation and their application no later than six months after that date.

2021/07/19
Committee: JURI

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Laurence FARRENG, Stéphane SÉJOURNÉ, Karen MELCHIOR

Proposal for a regulation
Article 14 – paragraph 2 – point b

(b) a clear indication of the electronic location of that information, in particular the exact URL or URLs, and, where necessary, additional information enabling the identification of the illegal content, or content that is in breach with providers' terms and conditions;

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 38 – paragraph 4 a (new)

4a. Member States shall ensure that the competent authorities have adequate financial and human resources, as well as legal and technical expertise to fulfil their tasks under this Regulation.

2021/07/19
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
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 to the best available knowledge.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Laurence FARRENG, Karen MELCHIOR

Proposal for a regulation
Article 40 – paragraph 1

1. The Member State in which the main establishment of the provider of intermediary services is located shall have jurisdiction for the purposes of Chapters III and IV of this Regulation and final jurisdiction as to disputes on orders issued under Article 8 and 9.

2021/07/19
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Article 14 – paragraph 3

3. NAdequately substantiated notices that include the elements referred to in paragraph 2 shall be considered to give rise to a~~ctual knowledge or awareness for the purposes of Ar~~n obligation to investigate the notice in an effective and timely manner. If a provider is unable to determine if a noticle ~~5 in respect of the specific item of information concerned~~is valid, a provider may ask the Digital Service Coordinator or other national administrative bodies for an opinion before removing or disabling the content.

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 14 – paragraph 6

6. Providers of hosting services, of live streaming platform services and of private messaging services shall process any notices that they receive under the mechanisms referred to in paragraph 1, and take their decisions in respect of the information to which the notices relate, or in respect of the recipient of the service who provided this information, in a timely, diligent non-discriminatory and objective manner. Where they use automated means for that processing or decision-making, they shall include information on such use in the notification referred to in paragraph 4.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Marco ZULLO, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 14 – paragraph 6

6. Providers of hosting services shall process any notices that they receive under the mechanisms referred to in paragraph 1, and take their decisions in respect of the information to which the notices relate, in a timely, diligent, non-discriminatory and objective manner. Where they use automated means for that processing or decision-making, they shall include information on such use in the notification referred to in paragraph 4.

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 14 – paragraph 6

6. Providers of hosting services shall process any notices that they receive under the mechanisms referred to in paragraph 1, and take their decisions in respect of the information to which the notices relate, in a timely, diligent ~~and~~, objective and non- discriminatory manner. Where they use automated means for that processing or decision-making, they shall include information on such use in the notification referred to in paragraph 4.

2021/07/08
Committee: IMCO

Karen MELCHIOR, Liesje SCHREINEMACHER, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 14 – paragraph 6 a (new)

6a. If the recipient of services notices the hosting services their disagreement with the automated means of decision- making, hosting services must ensure human review of the decision-making process before any action taken

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 45 – paragraph 4

4. The Digital Services Coordinator of establishment shall, without undue delay and in any event not later than two months following receipt of the request or recommendation, communicate to the Digital Services Coordinator that sent the request, or the Board, its assessment of the suspected infringement, or that of any other competent authority pursuant to national law where relevant, and an explanation of ~~any~~the result of the investigatory or enforcement measures taken or envisaged in relation thereto to ensure compliance with this Regulation. The Digital Services Coordinator shall at least conduct a preliminary assessment of the issue raised.

2021/07/19
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Marco ZULLO, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 15 – paragraph 1

1. Where a provider of hosting services decides to remove or, disable access to or otherwise restrict the visibility of specific items of information provided by the recipients of the service or to suspend or terminate monetary payments related to those items, irrespective of the means used for detecting, identifying or, removing or disabling access to or reducing the visibility of that information and of the reason for its decision, it shall inform the recipient on a durable medium, at the latest at the time of the removal or disabling of access or the restriction of visibility or the suspension or termination of monetization, of the decision and provide a clear and specific statement of reasons for that decision.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Laurence FARRENG, Marco ZULLO, Karen MELCHIOR

Proposal for a regulation
Article 15 – paragraph 1

1. Where a provider of hosting services decides to remove or, disable access to or otherwise restrict the visibility of specific items of information provided by the recipients of the service or to suspend or terminate monetary payments related to those items, irrespective of the means used for detecting, identifying or, removing or disabling access to or reducing the visibility of that information and of the reason for its decision, it shall inform the recipient, at the latest at the time of the removal or disabling of access or the restriction of visibility or the suspension or termination of monetization, of the decision and provide a clear and specific statement of reasons for that decision.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Marco ZULLO, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 15 – paragraph 2 – point a

(a) whether the decision entails either the removal of, or the disabling of access to, the restriction of the visibility of, or the demonetisation of, the information and, where relevant, the territorial scope of the disabling of access; or the restriction;

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Laurence FARRENG, Marco ZULLO, Karen MELCHIOR

Proposal for a regulation
Article 15 – paragraph 2 – point a

(a) whether the decision entails either the removal of, or the disabling of access to, the restriction of the visibility of, or the demonetisation of, the information and, where relevant, the territorial scope of the disabling of access or the restriction;

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Morten LØKKEGAARD, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN

Proposal for a regulation
Article 15 – paragraph 2 – point b

(b) the facts and circumstances relied on in taking the decision, including where relevant whether the decision was taken pursuant to a notice submitted in accordance with Article 14 and where appropriate, the identity of the notifier;

2021/07/08
Committee: IMCO

Karen MELCHIOR, Ivars IJABS, Samira RAFAELA, Hilde VAUTMANS, Michal ŠIMEČKA, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 1

The Commission acting on its own initiative, or the Board acting on its own initiative or upon request of at least three Digital Services Coordinators of destination, ~~may~~shall, where it has reasons to suspect that a very large online platform infringed any of those provisions, recommend the Digital Services Coordinator of establishment to investigate the suspected infringement with a view to that Digital Services Coordinator adopting such a decision with~~in a reasonable time period~~out undue delay and in any event within two months.

2021/07/19
Committee: JURI

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 15 – paragraph 4

4. Providers of hosting services shall publish at least annually the decisions and the statements of reasons, referred to in paragraph 1 in a publicly accessible database managed by the Commission. That information shall not contain personal data.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Article 15 – paragraph 4 a (new)

4a. Paragraph1 shall not apply where: - a provider of hosting service does not have the information necessary to inform the recipient by a durable medium; - a provider of hosting service has already informed the recipient of the removal or disabling of the same or similar items of information from the same recipient; - content is manifestly illegal; - content is deceptive, high-volume commercial content; or - requested by a judicial or law enforcement authority to not inform the recipient due to an ongoing criminal investigations until the criminal investigations is closed.

2021/07/08
Committee: IMCO

Karen MELCHIOR, Hilde VAUTMANS, Ivars IJABS, Samira RAFAELA, Michal ŠIMEČKA, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 51 – paragraph 1 – introductory part

1. The Commission, acting either upon the Board’s recommendation or on its own initiative after consulting the Board, ~~may~~shall initiate proceedings in view of the possible adoption of decisions pursuant to Articles 58 and 59 in respect of the relevant conduct by the very large online platform that:

2021/07/19
Committee: JURI

Karen MELCHIOR, Hilde VAUTMANS, Ivars IJABS, Samira RAFAELA, Michal ŠIMEČKA, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 51 – paragraph 2 – introductory part

2. Whe~~re the~~n Commission decides to initiates proceedings pursuant to paragraph 1, it shall notify all Digital Services Coordinators, the Board and the very large online platform concerned.

2021/07/19
Committee: JURI

Karen MELCHIOR, Patrick BREYER, Tiemo WÖLKEN

Proposal for a regulation
Article 15 a (new)

Article 15a Providers of hosting services shall not use ex-ante control measures based on automated tools or upload-filtering of content for content moderation. Where providers of hosting services use automated tools for content moderation, they shall ensure that qualified staff decide on any action to be taken and that legal content which does not infringe the terms and conditions set out by the providers is not affected. The provider shall ensure that adequate initial and on going training on the applicable legislation and international human rights standards as well as appropriate working conditions are provided to staff. This paragraph shall not apply to moderating information which has most likely been provided by automated tools.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Morten LØKKEGAARD, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Article 15 a (new)

Article 15a Alternative mechanisms based on an adequacy decision 1. Where a platform has an existing alternative notice and action mechanisms as set down by the law of a third country or in accordance with other Union law, upon a request by a provider, the Commission may issue a decision that declare these mechanisms as ensuring an adequate level of protection and fulfilling the requirements in Article 14 and Article 15. Before issues any such decision, the Commission shall consult the Board and the general public at least one month before the decision is adopted.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 16 – paragraph 1

This Section shall not apply to online platforms that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC and which are not very large online platforms in accordance with Article 25.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Laurence FARRENG, Karen MELCHIOR

Proposal for a regulation
Article 17 – paragraph 1 – introductory part

1. Online platforms shall provide recipients of the service, as well as individuals or entities that have submitted a notice for a period of at least six months following the decision referred to in this paragraph, the access to an effective internal complaint-handling system, which enables the complaints to be lodged electronically and free of charge, against the ~~following~~decision taken by the online platform not to act after having received a notice, and against the decisions taken by the online platform on the ground that the information provided by the recipients is illegal content under Union or national law, or incompatible with its terms and conditions:

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Marco ZULLO, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 17 – paragraph 1 – point a

(a) decisions to remove or, disable access to or restrict the visibility of the information;

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Laurence FARRENG, Marco ZULLO, Karen MELCHIOR

Proposal for a regulation
Article 17 – paragraph 1 – point c a (new)

(ca) decisions to restrict the ability to monetise content provided by the recipients;

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Marco ZULLO, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 17 – paragraph 1 – point c a (new)

(ca) decisions to restrict the ability to monetize content provided by the recipients.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Laurence FARRENG, Karen MELCHIOR, Marco ZULLO

Proposal for a regulation
Article 17 – paragraph 1 – point c b (new)

(cb) decisions of online marketplaces to suspend the provisions of their services to traders;

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Laurence FARRENG, Karen MELCHIOR

Proposal for a regulation
Article 17 – paragraph 1 a (new)

1a. When the decision to remove or disable access to the information is followed by the transmission of this information in accordance with Article 15a, the period of at least six months as set out in paragraph 1 shall be considered to start from the day on which the recipient was informed in accordance with Article 15(2).

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Article 17 – paragraph 3

3. Online platforms shall handle complaints submitted through their internal complaint-handling ~~system in a tim~~diligently, objectively and without undue delay, ~~diligent and objective manner~~but no later than 10 days after submission.. Where a complaint contains sufficient grounds for the online platform to consider that the information to which the complaint relates is not illegal and is not incompatible with its terms and conditions, or contains information indicating that the complainant’s conduct does not warrant the suspension or termination of the service or the account, it shall reverse its decision referred to in paragraph 1 without undue delay.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Laurence FARRENG, Karen MELCHIOR, Marco ZULLO

Proposal for a regulation
Article 17 – paragraph 5

5. Online platforms shall ensure that recipients of the service are given the possibility, where necessary, to contact a human interlocutor at the time of the submission of the complaint and that the decisions, referred to in paragraph 4, are not solely taken on the basis of automated means.

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 17 – paragraph 5

5. Online platforms shall ensure that ~~the~~ decisions, that would negatively affect them and that are referred to in paragraph 4, are not solely taken on the basis of automated means.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1

Recipients of the service addressed by the decisions referred to in Article 17(1), shall be entitled to select any out-of-court dispute settlement body that has been certified in accordance with paragraph 2 and established in the Member State of the provider or the Member State of the recipient, in order to resolve disputes relating to those decisions, including complaints that could not be resolved by means of the internal complaint-handling system referred to in that Article. Online platforms shall engage, in good faith, with the body selected with a view to resolving the dispute and shall be bound by the decision taken by the body.

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1

Recipients of the service addressed by the decisions referred to in Article 17(1), shall be entitled to select any out-of-court dispute that has been certified in accordance with paragraph 2 in order to resolve disputes relating to those decisions, including complaints that could not be resolved by means of the internal complaint-handling system referred to in that Article. Online platforms shall engage, in good faith, with the body selected with a view to resolving the dispute and shall be bound by the decision taken by the body. Out-of-court dispute settlement shall be carried out within 45 days after submission.

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1

Recipients of the service addressed by the decisions referred to in Article 17(1), shall be entitled to select any out-of-court dispute settlement body that has been certified in accordance with paragraph 2 in order to resolve disputes relating to those decisions, including complaints that could not be resolved by means of the internal complaint-handling system referred to in that Article. Online platforms shall engage, in good faith, with the body selected with a view to resolving the dispute and shall be bound by the decision taken by the body.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 18 – paragraph 1 a (new)

1a. Where a recipient seeks a resolved to multiple complaints, either party may request that the out-of-court dispute settlement body treats and resolves these complaints in a single dispute decision.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Laurence FARRENG, Karen MELCHIOR

Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point a

(a) it is impartial and independent of online platforms and recipients of the service provided by the online platforms and is legally distinct from and functionally independent of the government of the Member State or any other public or related private body;

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point a

(a) it is impartial and independent of online platforms and recipients of the service provided by the online platforms and is legally distinct from and functionally independent of the government of the Member State or any other public or private body;

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Marco ZULLO, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point c

(c) the dispute settlement is easily accessible, including for persons with disabilities, through electronic communication technology;

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Marco ZULLO, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point d

(d) it is capable of settling dispute in a swift, efficient, accessible for persons with disabilities and cost-effective manner and in at least one official language of the Union;

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 18 – paragraph 2 a (new)

2a. Certified out of court dispute settlement bodies shall conclude dispute resolution proceedings within a reasonable period of time and no later than 90 calendar days after the date on which the certified body has received the complaint.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 1

If the body decides the dispute in favour of the recipient of the service, the online platform shall reimburse the recipient for any fees and other reasonable expenses that the recipient has paid or is to pay in relation to the dispute settlement. If the body decides the dispute in favour of the online platform, and the body does not find the recipient acted in bad faith in the dispute, the recipient shall not be required to reimburse any fees or other expenses that the online platform paid or is to pay in relation to the dispute settlement.

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 18 – paragraph 6 a (new)

6a. This Article is without prejudice to the provisions laid down in Article 43 concerning the ability of recipients of the services to file complaints with the Digital Services Coordinator of their country of residence or in the case of very large online platforms, the Commission.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 18 – paragraph 6 a (new)

6a. This Article shall only take effect on providers other than very large online platforms from [24 months after the date of entry into force of this Regulation].

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Laurence FARRENG, Karen MELCHIOR

Proposal for a regulation
Article 18 a (new)

Article 18a Burden of proof The rules on the burden of proof shall be shifted back to the providers of hosting services whether an information constitutes legal or illegal content.

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 19 – paragraph 2 – point a

(a) it has particular expertise and competence for the purposes of detecting, identifying and notifying illegal content, as well as intentional manipulation and exploitation of the service in the sense of Article 26, paragraph 1(c);

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Laurence FARRENG, Karen MELCHIOR

Proposal for a regulation
Article 19 – paragraph 2 – point b

(b) it represents collective interests and is independent from any online platform, law enforcement, or other government or relevant commercial entity;

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 19 – paragraph 2 – point b

(b) it represents collective interests and is independent from any online platform, law enforcement, or other government or relevant commercial entity;

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Laurence FARRENG, Karen MELCHIOR

Proposal for a regulation
Article 19 – paragraph 2 – point c a (new)

(ca) it is legally distinct from and functionally independent of the government of the Member State or any other public or private body;

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER, Bart GROOTHUIS

Proposal for a regulation
Article 19 – paragraph 2 – point c a (new)

(ca) it has a transparent funding structure, including publishing the sources and amounts of all revenue annually

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER, Bart GROOTHUIS

Proposal for a regulation
Article 19 – paragraph 2 – point c b (new)

(cb) it is not already a trusted flagger in another Member State.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER, Bart GROOTHUIS

Proposal for a regulation
Article 19 – paragraph 2 – point c c (new)

(cc) it publishes, at least once a year, clear, easily comprehensible and detailed reports on any notices submitted in accordance with Article 14 during the relevant period. The report shall list notices categorised by the identity of the hosting service provider, the type of alleged illegal or terms and conditions violating content concerned, and what action was taken by the provider. In addition, the report shall identify relationships between the trusted flagger and any online platform, law enforcement, or other government or relevant commercial entity, and explain the means by which the trusted flagger maintains its independence.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 19 – paragraph 2 – subparagraph 1 a (new)

By way of derogation from point (b), a public entity may be awarded with the status of trusted flagger for non- intellectual property right related actions.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 19 – paragraph 2 a (new)

2a. Online platforms may treat other third parties considered by the provider to have particular expertise and responsibilities for the purposes of tackling illegal content online as equal to a trusted flagger as to the mechanisms referred to Article 14. The conditions for granting such treatment shall be clearly set out and objective and shall be communicated to the Digital Services Coordinator of establishment. The names of such third parties shall be published in a clear and easily findable manner.

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 19 – paragraph 4 a (new)

4a. Member States may recognise entities, that were awarded the status of trusted flaggers in another Member State as a trusted flagger on their own territory. Upon request by a Member State, trusted flaggers can be awarded the status of European trusted flagger by the Board, in accordance with Article 48, paragraph 2. The Commission shall keep register of European trusted flaggers.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 19 – paragraph 5

5. Where an online platform has information indicating that a trusted flagger submitted a significant number of insufficiently precise or inadequately substantiated notices through the mechanisms referred to in Article 14, including information gathered in connection to the processing of complaints through the internal complaint-handling systems referred to in Article 17(3), it shall communicate that information to the Digital Services Coordinator that awarded the status of trusted flagger to the entity concerned, providing the necessary explanations and supporting documents. During this period of investigation by the Digital Services Coordinator, the trusted flagger shall be treated as a non-trusted flagger when using the mechanisms referred to in Article 14, where not suspended under Article 20.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 19 – paragraph 6

6. The Digital Services Coordinator that awarded the status of trusted flagger to an entity shall revoke that status if it determines, following an investigation either on its own initiative or on the basis information received byfrom third parties, including the information provided by an online platform pursuant to paragraph 5, that the entity no longer meets the conditions set out in paragraph 2. Before revoking that status, the Digital Services Coordinator shall afford the entity an opportunity to react to the findings of its investigation and its intention to revoke the entity’s status as trusted flagger

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Marco ZULLO, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 19 a (new)

Article 19a Accessibility requirements for online platforms 1. Providers of online platforms which offer services in the Union shall ensure that they design and provide services in accordance with the accessibility requirements set out in Section III, Section IV, Section VI, and Section VII of Annex I of Directive (EU) 2019/882. 2. Providers of online platforms shall prepare the necessary information in accordance with Annex V of Directive (EU) 2019/882 and shall explain how the services meet the applicable accessibility requirements. The information shall be made available to the public in written and oral format, including in a manner which is accessible to persons with disabilities. Providers of online platforms shall keep that information for as long as the service is in operation. 3. Providers of online platforms shall ensure that information, forms and measures provided pursuant to this Regulation are made available in a manner that they are easy to find and accessible to persons with disabilities. 4. Providers of online platforms which offer services in the Union shall ensure that procedures are in place so that the provision of services remains in conformity with the applicable accessibility requirements. Changes in the characteristics of the provision of the service, changes in applicable accessibility requirements and changes in the harmonised standards or in technical specifications by reference to which a service is declared to meet the accessibility requirements shall be adequately taken into account by the provider of intermediary services. 5. In the case of non-conformity, providers of online platforms shall take the corrective measures necessary to bring the service into conformity with the applicable accessibility requirements. 6. Provider of online platforms shall, further to a reasoned request from a competent authority, provide it with all information necessary to demonstrate the conformity of the service with the applicable accessibility requirements. They shall cooperate with that authority, at the request of that authority, on any action taken to bring the service into compliance with those requirements. 7. Online platforms which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the accessibility requirements of this Regulation in so far as those standards or parts thereof cover those requirements. 8. Online platforms which are in conformity with the technical specifications or parts thereof adopted for the Directive (EU) 2019/882 shall be presumed to be in conformity with the accessibility requirements of this Regulation in so far as those technical specifications or parts thereof cover those requirements.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Laurence FARRENG, Karen MELCHIOR

Proposal for a regulation
Article 20 – paragraph 1

1. Online platforms shall suspend, for a reasonable period of time and after having issued a prior warning, the provision of their services to recipients of the service that frequently provide manifestly illegal content, or content that is in breach with their terms and conditions.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 20 – paragraph 1

1. Online platforms shall suspend, for a reasonable period of time and where proportionate after having issued a prior warning, the provision of their services to recipients of the service that frequently provide manifestly illegal content.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Morten LØKKEGAARD, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 20 – paragraph 2

2. Online platforms shall suspend, for a reasonable period of time and after having issued a prior warning, the processing of notices and complaints submitted through the notice and action mechanisms and internal complaints- handling systems referred to in Articles 14 and 17, respectively, by individuals or entities or by complainants that fre~~quent~~peatedly submit notices or complaints that are manifestly unfounded.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 20 – paragraph 3 – point d

(d) the intention of the recipient, individual, entity or complainant., including whether submissions were made in bad faith;

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 20 – paragraph 3 – point d a (new)

(da) whether a notice was submitted by an individual user or by an entity or persons with specific expertise related to the content in question;

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 20 – paragraph 3 – point d b (new)

(db) the manner of how notices have been submitted, including by automated means.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 20 – paragraph 3 a (new)

3a. Suspensions referred to in paragraphs 1 and 2 may be declared permanent where (a) compelling reasons of law or public policy, including ongoing criminal investigations, justify avoiding or postponing notice to the recipient; (b) the items removed were components of high-volume campaigns to deceive users or manipulate platform content moderation efforts; or (c) the items removed were related to content covered by [Directive 2011/93/EU updated reference] or [Directive (EU) 2017/541 or Regulation (EU) 2021/784 of the European Parliament and of the Council.

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 20 – paragraph 4

4. Online platforms shall set out, in a clear and detailed manner, their policy in respect of the misuse referred to in paragraphs 1 and 2 in their terms and conditions, including ~~as regard~~examples as the facts and circumstances that they take into account when assessing whether certain behaviour constitutes misuse and the duration of the suspension.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Fabienne KELLER, Valérie HAYER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Laurence FARRENG, Karen MELCHIOR

Proposal for a regulation
Article 21

Notification of suspicions of criminal 1. aware of any information giving rise to a suspicion that a serious criminal offence involving a threat to the life or safety of persons has taken place, is taking place or is likely to take place, it shall promptly inform the law enforcement or judicial authorities of the Member State or Member States concerned of its suspicion and provide all relevant information available. 2. identify with reasonable certainty the Member State concerned, it shall inform the law enforcement authorities of the Member State in which it is established or has its legal representative or inform Europol. For the purpose of this Article, the Member State concerned shall be the Member State where the offence is suspected to have taken place, be taking place and likely to take place, or the Member State where the suspected offender resides or is located, or the Member State where the victim of the suspected offence resides or is located.Article 21 deleted offences Where an online platform becomes Where the online platform cannot

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 21 – paragraph 2 a (new)

2a. Unless instructed otherwise by the informed authority, the provider shall remove or disable the content. It shall store all content and related data for at least six months.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 21 – paragraph 2 b (new)

2b. Information obtained by a law enforcement or judicial authority of a Member State in accordance with paragraph 1 shall not be used for any purpose other than those directly related to the individual serious criminal offence notified.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Marco ZULLO, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Article 21 – paragraph 2 c (new)

2c. The Commission shall adopt an implementing act setting down a template for notifications under paragraph 1.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Article 21 – paragraph 2 d (new)

2d. Where a notification of suspicions of criminal offences includes information which may be seen as potential electronic information in criminal proceedings, Regulation XXX [E-evidence] shall apply.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 22 – title

Traceability of traders on online Marketplaces

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Laurence FARRENG, Karen MELCHIOR

Proposal for a regulation
Article 22 – title

Traceability of traders on online marketplaces

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Laurence FARRENG, Karen MELCHIOR

Proposal for a regulation
Article 22 – paragraph 1 – introductory part

1. ~~Where an online platform allows consumers to conclude distance contracts with traders, it~~Providers of online marketplaces shall ensure that traders can only use its services to promote messages on or to offer products or services to consumers located in the Union if, prior to the use of ~~its~~their services, the online ~~platform~~marketplaces hasve obtained the following information:

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Article 22 – paragraph 1 – introductory part

1. ~~Where an online platform allows consumers to conclude distance contracts with traders, it~~Providers of online marketplaces shall ensure that traders can only use ~~its~~their services to promote messages on or to offer products or services to consumers located in the Union if, prior to the use of ~~its~~their services for those purposes, the online ~~platform~~marketplace has obtained the following information from traders, where applicable:

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Marco ZULLO, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 22 – paragraph 1 – point c

(c) the ~~bank~~payment account details of the trader~~, where the trader is a natural person~~;

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Karen MELCHIOR, Laurence FARRENG, Marco ZULLO, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 22 – paragraph 1 – point c

(c) the ~~bank~~payment account details of the trader~~, where the trader is a natural person~~;

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Karen MELCHIOR, Laurence FARRENG, Marco ZULLO

Proposal for a regulation
Article 22 – paragraph 1 – point d

(d) the name, address, telephone number and electronic mail address of the economic operator, ~~within the meaning of~~established in the Union and carrying out the tasks in accordance with Article 3(13) and Article 4 of Regulation (EU) 2019/1020 of the European Parliament and the Council51 or [Article XX of the General Product Safety Regulation], or any relevant act of Union law; __________________ 51Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Marco ZULLO, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 22 – paragraph 1 – point d

(d) the name, address, telephone number and electronic mail address of the economic operator~~, within the meaning of~~ established in the Union and carrying out the tasks in accordance with Article 3(13) and Article 4 of Regulation (EU) 2019/1020 of the European Parliament and the Council51 or [Article XX of the General Product Safety Regulation] or any relevant act of Union law; __________________ 51Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Karen MELCHIOR

Proposal for a regulation
Article 22 – paragraph 1 – point f

(f) a self-certification by the trader committing to only offer products or services that comply with the applicable rules of Union law to the best of their abilities.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Laurence FARRENG, Karen MELCHIOR

Proposal for a regulation
Article 22 – paragraph 1 a (new)

1a. Providers of online marketplaces shall require traders to provide the information referred to in points (a) and (e) immediately upon initial registration for its services. Traders shall be required to provide any supplementary material relating to the information requirements set out in Article 22(1) within a reasonable period, and prior to the use of the service and offering of products and services to consumer.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Article 22 – paragraph 1 a (new)

1a. Providers of online marketplaces shall require traders to provide the information referred to in points (a) and (e) immediately upon initial registration for its services. Traders shall be required to provide any supplementary material relating to the information requirements set out in Article 22(1) within a reasonable period, no later than before offering of products and services to consumer.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Karen MELCHIOR, Laurence FARRENG

Proposal for a regulation
Article 22 – paragraph 2

2. The ~~online platform~~providers of online marketplaces shall, upon receiving that information~~, make reasonable~~ and before allowing traders to use their services, make best efforts to assess whether the information referred to in points (a), (d) and (e) of paragraph 1 is ~~reliabl~~accurate through the use of any freely accessible official online database or online interface made available by an authorized administrator or a Member States or the Union or through direct requests to the trader to provide supporting documents from reliable sources.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 22 – paragraph 2

2. The ~~online platform~~providers of online marketplaces shall, upon receiving that information, make ~~reasonable~~best efforts to assess whether the information referred to in points (a), (d) and (e) of paragraph 1 is ~~reliabl~~accurate through the use of any freely accessible official online database or online interface made available by an authorised administrator or a Member States or the Union or through direct requests to the trader to provide supporting documents from reliable sources.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 22 – paragraph 3 – subparagraph 1

Where the ~~online platform obtains~~providers of online marketplaces obtains sufficient indications that any item of information referred to in paragraph 1 obtained from the trader concerned is inaccurate or incomplete, that ~~platform~~marketplace shall request the trader to correct the information in so far as necessary to ensure that all information is accurate and complete, without delay or within the time period set by Union and national law.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Karen MELCHIOR, Laurence FARRENG

Proposal for a regulation
Article 22 – paragraph 3 – subparagraph 1

Where the ~~online platform~~providers of online marketplaces obtains indications that any item of information referred to in paragraph 1 obtained from the trader concerned is inaccurate or incomplete, that ~~platform~~online marketplace shall request the trader to correct the information in so far as necessary to ensure that all information is accurate and complete, without delay or within the time period set by Union and national law.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Laurence FARRENG, Karen MELCHIOR

Proposal for a regulation
Article 22 – paragraph 3 – subparagraph 2

Where the trader fails to correct or complete that information, the ~~online platform~~providers of online marketplaces shall suspend the provision of its service to the trader in relations to the offering of products or services to consumers located in the Union until the request is fully complied with.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 22 – paragraph 3 – subparagraph 2

Where the trader fails to correct or complete that information, the online ~~platform~~marketplace shall suspend the provision of its service to the trader in relations to the offering of products or services to consumers located in the Union until the request is fully complied with.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Karen MELCHIOR, Laurence FARRENG

Proposal for a regulation
Article 22 – paragraph 3 a (new)

3a. The providers of online marketplaces shall ensure that traders are given the ability to discuss any information viewed as inaccurate or incomplete directly with a trader before any suspension of services. This may take the form of the internal complaint- handling system under Article 17.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 22 – paragraph 3 a (new)

3a. The providers of online marketplaces shall ensure that traders are given the ability to discuss any information viewed as inaccurate or incomplete directly with a trader before any suspension of services. This may take the form of the internal complaint- handling system under Article 17.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Laurence FARRENG, Karen MELCHIOR

Proposal for a regulation
Article 22 – paragraph 3 b (new)

3b. If an online marketplaces rejects an application for services or suspends services to a trader, the trader shall have recourse to the systems under Article 17 and Article 43 of this Regulation.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 22 – paragraph 3 b (new)

3b. If an online marketplace rejects an application for services or suspends services to a trader, the trader shall have recourse to the systems under Article 17 and Article 43 of this Regulation.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Karen MELCHIOR, Laurence FARRENG

Proposal for a regulation
Article 22 – paragraph 3 c (new)

3c. Traders shall be solely liable for the accuracy the information provided and shall inform without delay the online marketplace of any changes to the information provided.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 22 – paragraph 3 c (new)

3c. Traders shall be solely liable for the accuracy of the information provided and shall inform without delay the online marketplace of any changes to the information provided.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Article 22 – paragraph 4

4. The online ~~platform~~marketplace shall store the information obtained pursuant to paragraph 1 and 2 in a secure manner for the duration of their contractual relationship with the trader concerned. They shall subsequently delete the information no later than six months after the final conclusion of a distance contract.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Laurence FARRENG, Karen MELCHIOR

Proposal for a regulation
Article 22 – paragraph 4

4. The ~~online platform~~providers of online market places shall store the information obtained pursuant to paragraph 1 and 2 in a secure manner for the duration of their contractual relationship with the trader concerned. They shall subsequently delete the information.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Laurence FARRENG, Karen MELCHIOR

Proposal for a regulation
Article 22 – paragraph 5

5. Without prejudice to paragraph 2, the p~~latform~~roviders of online marketplaces shall only disclose the information to third parties where so required in accordance with the applicable law, including the orders referred to in Article 9 and any orders issued by Member States’ competent authorities or the Commission for the performance of their tasks under this Regulation.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN

Proposal for a regulation
Article 22 – paragraph 5

5. Without prejudice to paragraph 2, the ~~platform~~online marketplace shall only disclose the information to third parties where so required in accordance with the applicable law, including the orders referred to in Article 9 and any orders issued by Member States’ competent authorities or the Commission for the performance of their tasks under this Regulation.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Laurence FARRENG, Karen MELCHIOR

Proposal for a regulation
Article 22 – paragraph 6

6. The ~~online platform~~providers of online marketplaces shall make the information referred to in points (a), (d), (e) and (f) of paragraph 1 available to the recipients of the service, in a clear, easily accessible and comprehensible manner.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Marco ZULLO, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 22 – paragraph 7

7. The online platform shall design and organise its online interface in a way that enables traders to comply with their obligations regarding pre-contractual information and product safety information under applicable Union law.deleted

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Laurence FARRENG, Marco ZULLO, Karen MELCHIOR

Proposal for a regulation
Article 22 – paragraph 7

7. The online platform shall design and organise its online interface in a way that enables traders to comply with their obligations regarding pre-contractual information and product safety information under applicable Union law.deleted

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Laurence FARRENG, Marco ZULLO, Karen MELCHIOR, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 22 a (new)

Article 22a Compliance by design 1. Providers of online marketplaces shall design and organise their online interface in a fair and user-friendly way that enables traders to comply with their obligations regarding pre-contractual information and product safety information under applicable Union law. 2. The online interface shall allow traders to provide in particular the information referred to under paragraph 6 of Article 22, the information referred to in Article 6 of Directive 2011/83/EU on Consumers Rights, information allowing for the unequivocal identification of the product or the service, and, where applicable, information on sustainability of products, information on labelling, including CE marking, according to the Union legislation on product safety and compliance. 3. This Article is without prejudice to additional requirements under other Union acts, including the [General Product Safety Regulation] and [Market Surveillance Regulation]

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Marco ZULLO, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 22 a (new)

Article 22a Compliance by design 1. Providers of online marketplaces shall design and organise its online interface in a way that enables traders to comply with their obligations regarding pre-contractual information and product safety information under applicable Union law. 2. The online interface shall allow traders to provide at least the information necessary for the unequivocal identification of the products or the services offered, and, where applicable, the information concerning the labelling in compliance with rules of applicable Union law on product safety and product compliance. 3. This Article is without prejudice to additional requirements under other Union acts, including the [General Product Safety Regulation] and [Market Surveillance Regulation]

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Marco ZULLO, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 22 b (new)

Article 22b Right to information 1. Where a provider of an online marketplace becomes aware, irrespective of the means used to, of the illegal nature of a product or service offered through its services, it shall inform, wherever possible, those recipients of the service that had acquired such product or contracted such service during the last six months about the illegality, the identity of the trader and any means of redress. 2. Where the provider of the online marketplace does not have the contact details of the recipients of the service referred to in paragraph 1, the provider shall make publicly available and easily accessible on their online interface the information concerning the illegal products or services removed, the identity of the trader and any means of redress.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Laurence FARRENG, Stéphane SÉJOURNÉ, Karen MELCHIOR, Marco ZULLO

Proposal for a regulation
Article 23 – paragraph 1 – point c a (new)

(ca) the number of advertisements that were removed, labelled or disabled by the online platform and justification of the decisions;

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Laurence FARRENG, Karen MELCHIOR

Proposal for a regulation
Article 23 – paragraph 4

4. The Commission ~~may~~shall adopt implementing acts to establish a set of key performance indicators and lay down templates concerning the form, content and other details of reports pursuant to paragraph 1.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Marco ZULLO, Svenja HAHN, Karen MELCHIOR, Sandro GOZI

Proposal for a regulation
Article 23 – paragraph 4

4. The Commission ~~may~~shall adopt implementing acts to lay down templates concerning the form, content and other details of reports pursuant to paragraph 1.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Marco ZULLO, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 23 – paragraph 4 a (new)

4a. Where published to the general public, the annual transparency reports referred to in paragraph 1 shall not include information that may prejudice ongoing activities for the prevention, detection, or removal of illegal content or content counter to a hosting provider’s terms and conditions.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Laurence FARRENG, Karen MELCHIOR

Proposal for a regulation
Article 24 – title

Online advertising transparency and control

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Laurence FARRENG, Karen MELCHIOR

Proposal for a regulation
Article 24 – paragraph 1 – point a

(a) that the information displayed ~~is an advertisement~~on the interface or parts thereof is an online advertisement, including through prominent and harmonised marking;

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 24 – paragraph 1 – point a

(a) that the information displayed ~~is an advertisement~~on the interface or parts thereof is an online advertisement, including through prominent and harmonised marking;

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 24 – paragraph 1 – point b

(b) the natural or legal person on whose behalf the advertisement is displayed and the natural or legal person who finances the advertisement;

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Marco ZULLO, Stéphane SÉJOURNÉ, Karen MELCHIOR, Laurence FARRENG

Proposal for a regulation
Article 24 – paragraph 1 – point c

(c) clear, meaningful and uniform information about the main parameters used to determine the recipient to whom the advertisement is displayed. and the logic involved;

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 24 – paragraph 1 – point c

(c) clear, meaningful and uniform information about the ~~main~~ parameters used to determine the recipient to whom the advertisement is displayed.

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 24 – paragraph 1 – point c a (new)

(ca) if the advertisement was displayed using an automated tool and the identity of the person responsible for that tool;

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Marco ZULLO, Stéphane SÉJOURNÉ, Karen MELCHIOR, Laurence FARRENG

Proposal for a regulation
Article 24 – paragraph 1 a (new)

The online platform shall design and organise its online interface in such a way that recipients of the service can easily and efficiently exercise their rights under applicable Union law in relation to the processing of their personal data for each specific advertisement displayed to the data subject on the platform, in particular: (a) to withdraw consent or to object to processing; (b) to obtain access to the personal data concerning the data subject; (c) to obtain rectification of inaccurate personal data concerning the data subject; (d) to obtain erasure of personal data without undue delay; Where a recipient exercises any of these rights, the online platform must inform any parties to whom the personal data concerned in points (a)-(d) have been enclosed in accordance with Article 19 of Regulation (EU) 2016/679.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Marco ZULLO, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 24 – paragraph 1 a (new)

Without prejudice to other Union acts, online platforms that display user- generated content that may include sponsored information or other information equivalent to advertising, which is normally provided against remuneration, shall including in their terms and conditions an obligation for the recipients of their service to inform other recipients of when they have received remuneration or any other goods in kind for their content. A failure to inform the platform or other recipients shall constitute a violation of the provider’s terms and conditions.

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 24 – paragraph 1 a (new)

The Commission shall adopt an implementing act establishing harmonised specifications for the marking referred to in paragraph 1(a) of this Article.

2021/07/08
Committee: IMCO

Sandro GOZI, Valérie HAYER, Stéphanie YON-COURTIN, Fabienne KELLER, Christophe GRUDLER, Marco ZULLO, Stéphane SÉJOURNÉ, Karen MELCHIOR, Laurence FARRENG

Proposal for a regulation
Article 24 – paragraph 1 b (new)

Where a recipient exercises any of the rights referred to points (a), (c) or (d) in paragraph 2, the online platform must immediately cease displaying advertisements using the personal data concerned or using parameters which were set using this data.

2021/07/08
Committee: IMCO

Ramona STRUGARIU, Vlad-Marius BOTOŞ, Karen MELCHIOR

Proposal for a regulation
Article 24 – paragraph 1 b (new)

Providers of intermediary services shall inform the natural or legal person on whose behalf the advertisement is displayed where the advertisement has been displayed.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Marco ZULLO, Stéphane SÉJOURNÉ, Karen MELCHIOR, Laurence FARRENG

Proposal for a regulation
Article 24 – paragraph 1 c (new)

Online platforms that display advertising on their online interfaces shall ensure that advertisers: (a) can request and obtain information on where their advertisements have been placed; (b) can request and obtain information on which broker treated their data; (c) can indicate on which specific location their ads cannot be placed. In case of non-compliance with this provision, advertisers shall have the right to judicial redress.

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 24 a (new)

Article 24a Recommender systems - prominence of public journalism 1. Online platforms shall ensure due prominence of public interest journalism on their services. Services that cater to special interests may be exempted from this obligation. Appropriate prominence measures should include the use of technical standards established in a participatory and transparent manner in order to identify media outlets and entities operating according to the highest, internationally recognized professional norms to produce reliable and accurate information. 2. Providers of public interest journalism shall be identified through voluntary, self-regulatory European standards or European standardization deliverables as defined by Regulation (EU) No. 1025/2012 (‘technical standards’), which are transparently developed, governed and enforced. Any of those standards shall be based on internationally accepted best-practices and ethical norms to serve as legitimate criteria to implement the due prominence obligation. The application of these technical standards must be attributed and disclosed by and to all parties involved. 3. Appropriate measures as per this provision shall not discriminate on the basis of content or viewpoint. Intermediaries shall not treat non- compliance with or non-usage of such technical standards as a reason to exclude, down rank, demote or otherwise actively affect the visibility or monetization of content in a negative way. In order to demonstrate compliance with their duty to ensure due prominence for public interest journalism on their services, online intermediaries shall establish mandatory transparent mechanisms and metrics of indexation, regarding the discoverability and visibility in search ranks, news feeds and products, including the provision of data and information on prioritization, personalization, and recommendation algorithms, audits and complaints in an accountable manner. 4. A Digital Services Coordinator shall monitor and assess if appropriate measures adopted by online intermediaries under this article are sufficient to contribute to media pluralism and diversity in their respective national markets. To this end, the Digital Services Coordinator should rely on self- regulatory and co-regulatory mechanisms. 5. Recipients of services shall always have a clear and easily accessible choice to opt out of the appropriate measures designed to ensure due prominence to public interest journalism.

2021/07/08
Committee: IMCO

Ramona STRUGARIU, Vlad-Marius BOTOŞ, Karen MELCHIOR

Proposal for a regulation
Article 24 b (new)

Article 24b Transparency on algorithm modifications 1. Providers of online platforms shall be transparent about changes in their referencing and recommendation rules, even if made on an experimental basis, and shall immediately inform the regulators, their users and the authors of referenced content, allowing these changes to be foreseen by those affected by them. 2. Users may refer to the regulator to ask it to give its opinion on the negative impact of changes to the referencing and recommendation rules, so that it can require the platform to remedy this impact.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Karen MELCHIOR, Laurence FARRENG

Proposal for a regulation
Article 25 – paragraph 1

1. This Section shall apply to online platform services, live streaming platform services, private messaging services and search engine services 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.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Article 25 – paragraph 3 – subparagraph 1 a (new)

Such a methodology shall ensure the following in relations to active recipients: (1) automated interactions, accounts or data scans by a non-human (“bots”) are not included; (2) that the mere viewing of a service without purchase, logging in or otherwise active identification of a recipient shall not be seen as an active recipient; (3) that the number shall be based on each service individually; (4) that recipients connected on multiple devices are counted only once; (5) that indirect use of service, via a third party or linking, shall not be counted; (6) where an online platform is hosted by another provider of intermediary services, that the active recipients are assigned solely to the online platform closest to the recipient; (7) the average number is maintained for a period of at least six months.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Karen MELCHIOR, Laurence FARRENG

Proposal for a regulation
Article 26 – paragraph 1 – introductory part

1. Very large online platforms shall identify, analyse and assess, from the date of application referred to in the second subparagraph of Article 25(4), on an ongoing basis and at least once a year thereafter, ~~any signific~~the probability and severity of anty systemic risks stemming from the design, intrinsic characteristics, functioning and use made of their services in the Union. The risk assessment shall be broken down per Member State in which services are offered and in the Union as a whole. This risk assessment shall be specific to their services and shall include the following systemic risks:

2021/07/08
Committee: IMCO

Karen MELCHIOR, Samira RAFAELA, Hilde VAUTMANS, Michal ŠIMEČKA, Ivars IJABS, Anna Júlia DONÁTH, Olivier CHASTEL, Fabienne KELLER, Petras AUŠTREVIČIUS, Irène TOLLERET, Ramona STRUGARIU, Barry ANDREWS, Susana SOLÍS PÉREZ, Katalin CSEH

Proposal for a regulation
Article 26 – paragraph 1 – introductory part

1. Very large online platforms shall identify, analyse and assess, from the date of application referred to in the second subparagraph of Article 25(4), ~~at least once a year thereafter,~~on an ongoing basis, the probability and severity of any significant systemic risks stemming from the functioning and use made of their services in the Union. This risk assessment shall be specific to their services and shall include the following systemic risks:

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Laurence FARRENG, Karen MELCHIOR, Marco ZULLO

Proposal for a regulation
Article 26 – paragraph 1 – point a

(a) the dissemination of illegal content ~~through their servi~~and content that is in breach of their terms and conditions through their services, including unsafe and non- compliant products and services, in case of online marketplaces;

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Marco ZULLO, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 26 – paragraph 1 – point a

(a) the dissemination of illegal content and content that is in breach of their terms and conditions through their services;,

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Laurence FARRENG, Karen MELCHIOR

Proposal for a regulation
Article 26 – paragraph 1 – point a a (new)

(aa) the funding of illegal content, including models based on advertisement;

2021/07/08
Committee: IMCO

Karen MELCHIOR, Samira RAFAELA, Hilde VAUTMANS, Michal ŠIMEČKA, Ivars IJABS, Anna Júlia DONÁTH, Olivier CHASTEL, Fabienne KELLER, Petras AUŠTREVIČIUS, Irène TOLLERET, Ramona STRUGARIU, Barry ANDREWS, Susana SOLÍS PÉREZ, Dragoş PÎSLARU, Katalin CSEH

Proposal for a regulation
Article 26 – paragraph 1 – point b

(b) any negative effects for the exercise of any of the fundamental rights listed in the Charter, in particular on the fundamental rights to respect for private and family life, freedom of expression and information, the prohibition of discrimination, the right to gender equality and the rights of the child, as enshrined in Articles 7, 11, 21, 23 and 24 of the Charter respectively;

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Marco ZULLO, Stéphane SÉJOURNÉ, Karen MELCHIOR, Laurence FARRENG

Proposal for a regulation
Article 26 – paragraph 1 – point b

(b) any negative effects for the exercise of any of the fundamental rights listed in the EU Charter on Fundamental Rights , in particular on the fundamental rights to respect for private and family life, freedom of expression and information, the prohibition of discrimination and the rights of the child, as enshrined in Articles 7, 11, 21 and 24 of the Charter respectively;

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Marco ZULLO, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 26 – paragraph 1 – point b

(b) any negative effects for the exercise of any of the fundamental rights listed in the Charter, in particular on the fundamental rights to respect for private and family life, freedom of expression and information, the prohibition of discrimination and the rights of the child, as enshrined in Articles 7, 11, 21 and 24 of the Charter respectively;

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Marco ZULLO, Stéphane SÉJOURNÉ, Karen MELCHIOR, Laurence FARRENG

Proposal for a regulation
Article 26 – paragraph 1 – point c

(c) intentional manipulation of their service and amplification of content that is in breach of their terms and conditions, including by means of inauthentic use, such as ‘deep fakes’ or automated exploitation of the service, with an actual or foreseeable negative effect on the protection of public health, minors, democratic values, media freedom and freedom of expression of journalists, as well as their ability to verify facts, civic discourse, or actual or foreseeable effects related to electoral processes and public security.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Marco ZULLO, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER, Bart GROOTHUIS

Proposal for a regulation
Article 26 – paragraph 1 – point c

(c) intentional manipulation of their service and amplification of content that is in breach of their terms and conditions, including by means of inauthentic use, or automated exploitation of the service, with an actual or foreseeable negative effect on the protection of public health, minors, civic discourse, or actual or foreseeable effects related to electoral processes and public security.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Laurence FARRENG, Karen MELCHIOR, Marco ZULLO

Proposal for a regulation
Article 26 – paragraph 2

2. When conducting risk assessments, very large online platforms shall take into account, in particular, how and whether their content moderation systems, recommender systems and systems for selecting and displaying advertisement influence any of the systemic risks referred to in paragraph 1, including the potentially rapid and wide dissemination of illegal content and of information that is in compatible with their terms and conditions, as well as potential infringement of consumer rights by business active on the platform or platform themselves.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 26 – paragraph 2

2. When conducting risk assessments, very large online platforms shall take into account, in particular, how and whether their content moderation systems, recommender systems and systems for selecting and displaying advertisement influence any of the systemic risks referred to in paragraph 1, including the potentially rapid and wide dissemination of illegal content and of information that is incompatible with their terms and conditions.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Laurence FARRENG, Karen MELCHIOR, Marco ZULLO

Proposal for a regulation
Article 26 – paragraph 2 a (new)

2a. When conducting risk assessments, very large online platforms shall involve representatives of the recipients of the service, representatives of groups potentially impacted by their services, independent experts and civil society organisations. Their involvement shall be tailored to the specific systemic risks that the very large online platform aim to assess.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Laurence FARRENG, Karen MELCHIOR

Proposal for a regulation
Article 27 – paragraph 1 – introductory part

1. Very large online platforms shall put in place reasonable, proportionate and effective m~~itigation measures~~easures to mitigate the probability and severity of any, tailored to address the specific systemic risks identified pursuant to Article 26. Such measures may include, where applicable:

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER, Bart GROOTHUIS

Proposal for a regulation
Article 27 – paragraph 1 – introductory part

1. Very large online platforms shall put in place reasonable, proportionate and effective m~~itigation measures~~easures to mitigate the probability and severity of any, tailored to address the specific systemic risks identified pursuant to Article 26. Such measures may include, where applicable:

2021/07/08
Committee: IMCO

Karen MELCHIOR, Samira RAFAELA, Hilde VAUTMANS, Michal ŠIMEČKA, Ivars IJABS, Anna Júlia DONÁTH, Olivier CHASTEL, Fabienne KELLER, Petras AUŠTREVIČIUS, Irène TOLLERET, Ramona STRUGARIU, Barry ANDREWS, Susana SOLÍS PÉREZ, Dragoş PÎSLARU, Katalin CSEH

Proposal for a regulation
Article 27 – paragraph 1 – introductory part

1. Very large online platforms shall put in place reasonable, proportionate and effective mitigation measures, tailored to the specific systemic risks identified pursuant to Article 26. Such measures ~~may~~shall include, where applicable:

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Laurence FARRENG, Karen MELCHIOR, Stéphane SÉJOURNÉ, Marco ZULLO, Christophe GRUDLER

Proposal for a regulation
Article 27 – paragraph 1 – point a

(a) adapting content moderation or recommender systems, their decision- making processes, design, the features or functioning of their services, or their terms and conditions;

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Marco ZULLO, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 27 – paragraph 1 – point a

(a) adapting content moderation or recommender systems, their decision- making processes, design, the features or functioning of their services, or their terms and conditions;

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 27 – paragraph 1 – point b

(b) targeted measures aimed at limiting the display of and targeting of advertisements in association with the service they provide or the alternative placement and display of public service advertisements or other related factual information;

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Karen MELCHIOR, Laurence FARRENG, Marco ZULLO

Proposal for a regulation
Article 27 – paragraph 1 – point b

(b) targeted measures aimed at limiting the display of and targeting of advertisements in association with the service they provide;

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 27 – paragraph 1 a (new)

1a. Very large online platforms shall, where appropriate, conduct their risk assessments referred in Article 26 and design their risk mitigation measures with the involvement of representatives of the recipients of the service, representatives of groups potentially impacted by their services, independent experts and civil society organisations. Where no such involvement is taken, this shall be made clear in the transparency report referred to in Article 33.

2021/07/08
Committee: IMCO

Karen MELCHIOR, Samira RAFAELA, Hilde VAUTMANS, Michal ŠIMEČKA, Ivars IJABS, Anna Júlia DONÁTH, Olivier CHASTEL, Fabienne KELLER, Petras AUŠTREVIČIUS, Irène TOLLERET, Ramona STRUGARIU, Barry ANDREWS, Katalin CSEH

Proposal for a regulation
Article 27 – paragraph 1 a (new)

1a. Where a very large online platform decides not to put in place any of the mitigating measures listed in Article 27(1), it shall provide a written explanation that describes the reasons why those measures were not put in place, which shall be provided to the independent auditors in order to prepare the audit report in Article 28(3).

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Karen MELCHIOR, Laurence FARRENG

Proposal for a regulation
Article 27 – paragraph 1 a (new)

1a. The Board shall evaluate the implementation and effectiveness of mitigating measures undertaken by very large online platforms listed in Article 27(1) and where necessary, may issue recommendations.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Karen MELCHIOR, Laurence FARRENG

Proposal for a regulation
Article 27 – paragraph 1 b (new)

1b. Where a very large online platform decides not to put in place any of the mitigating measures listed in Article 27(1), it shall provide a written explanation that describes the reasons why those measures were not put in place, to the Board in view of issuing specific recommendations and to independent auditors for the purposes of the audit report. Following the written explanation of the reasons of the very large online platforms not to put in place mitigating measures, and where necessary, the Board shall issue specific recommendations as to the mitigation measures that very large online platforms shall implement. Very large online platforms shall within one month from receiving of these recommendations, implement the recommended measures, or set out any alternative measures they intend to take to address the identified risks. In case of systemic failure of a very large online platform to take effective mitigating measures and in case of repeated non-compliance with the recommendations, the Board may advise the Commission and the Digital Services Coordinators to impose sanctions.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Marco ZULLO, Stéphane SÉJOURNÉ, Karen MELCHIOR, Laurence FARRENG

Proposal for a regulation
Article 27 – paragraph 2 – introductory part

2. The Board, in cooperation with the Commission, shall publish comprehensive reports, once a year~~, which~~. The reports of the Board shall be broken down per Member State in which the systemic risks occur and in the Union as a whole. The reports shall be published in all the official languages of the Member States of the Union. The reports shall include the following:

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Marco ZULLO, Stéphane SÉJOURNÉ, Karen MELCHIOR, Laurence FARRENG

Proposal for a regulation
Article 27 – paragraph 2 – point a

(a) identification and assessment of ~~the most prominent and recurrent~~each of the systemic risks reported by very large online platforms or identified through other information sources, in particular those provided in compliance with Article 31 and 33;

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 27 – paragraph 2 – subparagraph 1 a (new)

The reports of the Board shall include information both broken down per Member State in which the systemic risks occur and in the Union as a whole. The reports shall be published in all the official languages of the Member States of the Union.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Karen MELCHIOR, Laurence FARRENG, Marco ZULLO

Proposal for a regulation
Article 27 – paragraph 3

3. The Commission, in cooperation with the Digital Services Coordinators, ~~may~~and following public consultations shall issue general guidelines on the application of paragraph 1 in relation to specific risks, in particular to present best practices and recommend possible measures, having due regard to the possible consequences of the measures on fundamental rights enshrined in the Charter of all parties involved. ~~When preparing those guidelines the Commission shall organise public consultations.~~

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 27 – paragraph 3 a (new)

3a. The requirement to put in place mitigation measures shall not require an obligation to impose general monitoring or active fact-finding obligations.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 28 – paragraph 1 – introductory part

1. Very large online platforms shall be subject, at their own expense and at least once a year, to independent audits to assess compliance with the following:

2021/07/08
Committee: IMCO

Karen MELCHIOR, Samira RAFAELA, Hilde VAUTMANS, Michal ŠIMEČKA, Ivars IJABS, Anna Júlia DONÁTH, Olivier CHASTEL, Fabienne KELLER, Petras AUŠTREVIČIUS, Irène TOLLERET, Ramona STRUGARIU, Barry ANDREWS, Susana SOLÍS PÉREZ, Dragoş PÎSLARU, Katalin CSEH

Proposal for a regulation
Article 28 – paragraph 1 – point a

(a) the obligations set out in Chapter III; in particular the quality of the identification, analysis and assessment of the risks referred to in Article 26, and the necessity, proportionality and effectiveness of the risk mitigation measures referred to in Article 27

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Karen MELCHIOR, Laurence FARRENG

Proposal for a regulation
Article 28 – paragraph 1 – point a

(a) the obligations set out in Chapter III, in particular the quality of the identification, analysis and assessment of the risks referred to in Article26, and the necessity, proportionality and effectiveness of the risk mitigation measures referred to in Article 27;

2021/07/08
Committee: IMCO

Liesje SCHREINEMACHER, Bart GROOTHUIS, Hilde VAUTMANS, Marco ZULLO, Karen MELCHIOR, Morten LØKKEGAARD, Adrián VÁZQUEZ LÁZARA, Sandro GOZI

Proposal for a regulation
Article 28 – paragraph 2 – introductory part

2. Audits performed pursuant to paragraph 1 shall be performed by organisations which have been selected by the Commission and:

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Karen MELCHIOR, Laurence FARRENG

Proposal for a regulation
Article 28 – paragraph 2 – point c a (new)

(ca) have been certified by the Commission for the performance of this task;

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Karen MELCHIOR, Laurence FARRENG

Proposal for a regulation
Article 28 – paragraph 3 – point f a (new)

(fa) a description of specific elements that could not be audited, and an explanation of why these could not be audited;

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 28 – paragraph 3 – point f a (new)

(fa) a description of specific elements that could not be audited, and an explanation of why these could not be audited;

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Karen MELCHIOR, Laurence FARRENG

Proposal for a regulation
Article 28 – paragraph 3 – point f b (new)

(fb) where the audit opinion could not reach a conclusion for specific elements within the scope of the audit, a statement of reasons for the failure to reach such conclusion.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 28 – paragraph 3 – point f b (new)

(fb) where the audit opinion could not reach a conclusion for specific elements within the scope of the audit, a statement of reasons for the failure to reach such conclusion.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Morten LØKKEGAARD, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN

Proposal for a regulation
Article 28 – paragraph 4 a (new)

4a. Where an audit report finds in accordance with paragraph 1 that total compliance or partial compliance with only minor issues has been found, the very large online platform may request from the Commission a waiver or delay to further auditing reports. When granted, the maximum delay shall be two years since the last auditing report.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Article 28 – paragraph 4 b (new)

4b. Where an audit report contains information that could be misused in order to harm the security and privacy of receptions of the platform, the very large online platform may request from the Commission that such information is removed or summarised in any public version of the audit report. The Commission shall consider any such requests and may grant such a request if deemed merited.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Marco ZULLO, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 29 – paragraph 1

1. Very large online platforms that use recommender systems shall set out in their terms and conditions and on a designated web page that can be directly reached and easily found from the very large online platforms’ online interface, in a clear, accessible and easily comprehensible manner for the general public, the main parameters used in their recommender systems, the optimisation goals of their recommender systems as well as any options for the recipients of the service to modify or influence those main parameters that they may have made available, including at least one option which is not based on profiling, within the meaning of Article 4 (4) of Regulation (EU) 2016/679.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Marco ZULLO, Stéphane SÉJOURNÉ, Karen MELCHIOR, Laurence FARRENG

Proposal for a regulation
Article 29 – paragraph 1

1. Very large online platforms that use recommender systems shall set out in their terms and conditions and on a designated web page that can be directly reached from the very large online platforms’ online interface, in a clear, accessible and easily comprehensible manner for the general public, the main parameters used in their recommender systems, the optimisation goals of their recommender systems as well as any options for the recipients of the service to modify or influence those main parameters that they may have made available, including at least one option which is not based on profiling, within the meaning of Article 4 (4) of Regulation (EU) 2016/679.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR

Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1 a (new)

This duty is without prejudice to any trade secrets regarding the underlying algorithms. Very large online platforms are not required to disclose any information which could easily be used to manipulate search results to the detriment of customers and other end users.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Marco ZULLO, Stéphane SÉJOURNÉ, Karen MELCHIOR, Laurence FARRENG

Proposal for a regulation
Article 29 – paragraph 2

2. Where several options are available pursuant to paragraph 1, very large online platforms shall provide clear and easily accessible functionality on their online interface allowing the recipient of the service to select and to modify at any time their preferred option for each of the recommender systems that determines the relative order of information presented to them.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Marco ZULLO, Stéphane SÉJOURNÉ, Karen MELCHIOR, Laurence FARRENG

Proposal for a regulation
Article 29 – paragraph 2 a (new)

2a. Online platforms shall ensure that their online interface is designed in such a way that it does not risk misleading or manipulating the recipients of the service.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Laurence FARRENG, Karen MELCHIOR, Stéphane SÉJOURNÉ, Christophe GRUDLER, Marco ZULLO

Proposal for a regulation
Article 30 – title

Additional ~~online advertising transparency~~transparency for online advertisements and ‘deep fakes’ audiovisual media

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Marco ZULLO, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 30 – title

Additional transparency for online advertising ~~transparency~~and "deep fakes" audiovisual media

2021/07/08
Committee: IMCO

Liesje SCHREINEMACHER, Bart GROOTHUIS, Hilde VAUTMANS, Marco ZULLO, Karen MELCHIOR, Morten LØKKEGAARD, Adrián VÁZQUEZ LÁZARA, Sandro GOZI

Proposal for a regulation
Article 30 – title

Additional online advertising transparency and protection

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Karen MELCHIOR, Laurence FARRENG, Stéphane SÉJOURNÉ

Proposal for a regulation
Article 30 – paragraph 1

1. Very large online platforms that display advertising on their online interfaces shall compile and make ~~publicly~~ available to relevant authorities and vetted researchers, meeting the requirements of Article 31(4), through application programming interfaces a repository containing the information referred to in paragraph 2, until one year after the advertisement was displayed for the last time on their online interfaces. They shall ensure that the repository does not contain any personal data of the recipients of the service to whom the advertisement was or could have been displayed.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Marco ZULLO, Stéphane SÉJOURNÉ, Karen MELCHIOR, Laurence FARRENG

Proposal for a regulation
Article 30 – paragraph 2 – point a

(a) the content of the advertisement, including the name of the product, service or brand and the object of the advertisement;

2021/07/08
Committee: IMCO

Liesje SCHREINEMACHER, Bart GROOTHUIS, Hilde VAUTMANS, Marco ZULLO, Karen MELCHIOR, Morten LØKKEGAARD, Adrián VÁZQUEZ LÁZARA, Sandro GOZI

Proposal for a regulation
Article 30 – paragraph 2 – point b

(b) tThe natural or legal person on whose behalf the advertisement is displayed and any related payments received;

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Karen MELCHIOR, Laurence FARRENG, Marco ZULLO

Proposal for a regulation
Article 30 – paragraph 2 – point b a (new)

(ba) the natural or legal person who paid for the advertisement;

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Marco ZULLO, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER, Bart GROOTHUIS

Proposal for a regulation
Article 30 – paragraph 2 – point c a (new)

(ca) the natural or legal person or group who paid for the advertisement;

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Laurence FARRENG, Karen MELCHIOR, Stéphane SÉJOURNÉ, Christophe GRUDLER, Marco ZULLO

Proposal for a regulation
Article 30 – paragraph 2 – point e

(e) the total number of recipients of the service reached in each country and, where applicable, aggregate numbers for the group or groups of recipients to whom the advertisement was targeted specifically.

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 30 – paragraph 2 a (new)

2a. Very large online platforms shall be prohibited from profiling children under the age of 16 for commercial practices, including personalized advertising, in compliance with industry- standards laid down in Article 34 and Regulation (EU) 2016/679.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Laurence FARRENG, Stéphane SÉJOURNÉ, Christophe GRUDLER, Karen MELCHIOR

Proposal for a regulation
Article 30 – paragraph 2 a (new)

2a. The Board shall, after consulting trusted flaggers and vetted researchers, publish guidelines on the structure and organisation on repositories created pursuant to paragraph 1.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER, Bart GROOTHUIS

Proposal for a regulation
Article 30 – paragraph 2 a (new)

2a. The Board shall, after consulting with trusted flaggers and vetted researchers, publish guidelines on the structure and organisation of repositories created pursuant to paragraph 1.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Marco ZULLO, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER, Bart GROOTHUIS

Proposal for a regulation
Article 30 – paragraph 2 b (new)

2b. Where a very large online platform becomes aware that a piece of content is a deep fake, the provider shall label the content in a way that informs that the content is inauthentic and that is clearly visible for the recipient of the services.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Karen MELCHIOR, Laurence FARRENG, Stéphane SÉJOURNÉ, Marco ZULLO

Proposal for a regulation
Article 30 – paragraph 2 b (new)

2b. Very large online platforms shall make their best effort to detect inauthentic videos (‘deep fakes’). When detecting such videos, they should label them as inauthentic in a way that is clearly visible for the internet user.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Marco ZULLO, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 30 – paragraph 2 c (new)

2c. The very large online platform shall design and organise its online interface in such a way that recipients of the service can easily and efficiently exercise their rights under applicable Union law in relation to the processing of their data for each specific advertisement displayed to the data subject on the platform, in particular: (a) to withdraw consent or to object to processing; (b) to obtain access to the data concerning the data subject; (c) to obtain rectification of inaccurate data concerning the data subject; (d) to obtain erasure of data without undue delay. Where a recipient exercises any of these rights, the online platform must inform any parties to whom the personal data concerned in points (a) to (d) have been enclosed.

2021/07/08
Committee: IMCO

Sandro GOZI, Stéphanie YON-COURTIN, Valérie HAYER, Fabienne KELLER, Christophe GRUDLER, Stéphane SÉJOURNÉ, Karen MELCHIOR, Laurence FARRENG

Proposal for a regulation
Article 30 – paragraph 2 c (new)

2c. Very large online platforms selling advertising for display on their online interface, shall ensure via standard contractual clauses with the purchasers of advertising space that the content with which the advertisement is associated is compliant with the terms and conditions of the platform, or with the law of the Member States where the recipients of the service to whom the advertisement will be displayed is located.

2021/07/08
Committee: IMCO

Sandro GOZI, Christophe GRUDLER, Laurence FARRENG, Valérie HAYER, Stéphanie YON-COURTIN, Fabienne KELLER, Stéphane SÉJOURNÉ, Karen MELCHIOR

Proposal for a regulation
Article 30 – paragraph 2 d (new)

2d. Very large online platforms that display advertising on their online interfaces shall conduct at their own expense, and upon request of advertisers , independent audits performed by organisations complying with the criteria set out in Article 28(2). Such audits shall be based on fair and proportionate conditions agreed between platforms and advertisers, shall be conducted with a reasonable frequency and shall entail: (a) conducting quantitative and qualitative assessment of cases where advertising is associated with illegal content or with content incompatible with platforms’ terms and conditions; (b) monitoring for and detecting of fraudulent use of their services to fund illegal activities; (c) assessing the performance of their tools in terms of brand safety. The audit report shall include opinion on the performance of platforms’ tools in terms of brand safety. Where the audit opinion is not positive, the report shall make operational recommendations to the platforms on specific measures in order to achieve compliance. The platforms shall make available to advertisers, upon request, the results of such audit.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Marco ZULLO, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 30 – paragraph 2 d (new)

2d. Where a recipient exercises any of the rights referred to points (a), (c) or(d) in paragraph 2c, the online platform must without undue delay cease displaying advertisements using the personal data concerned or using parameters which were set using this data.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Marco ZULLO, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER, Bart GROOTHUIS

Proposal for a regulation
Article 30 – paragraph 2 e (new)

2e. Very large online platforms that display advertising on their online interfaces shall ensure that advertisers: (a) can request and obtain information on where their advertisements have been placed; (b) can request and obtain information on which broker treated their data;

2021/07/08
Committee: IMCO

Sandro GOZI, Christophe GRUDLER, Laurence FARRENG, Valérie HAYER, Stéphanie YON-COURTIN, Fabienne KELLER, Stéphane SÉJOURNÉ, Karen MELCHIOR

Proposal for a regulation
Article 31 – paragraph 1

1. Very large online platforms shall provide the Digital Services Coordinator of establishment or the Commission, upon their reasoned request and with~~in a reasonable period~~out delay, specified in the request, full access to data that are necessary to monitor and assess compliance with this Regulation. That Digital Services Coordinator and the Commission shall only use that data for those purposes. With regard to moderation and recommender systems, very large online platforms shall provide upon request the Digital Services Coordinator or the Commission with access to algorithms and associated data that allow the detection of possible biases which could lead to the dissemination of illegal content, or content that is in breach with their terms and conditions, or presents threats to fundamental rights including freedom of expression. Where a bias is detected, very large online platforms shall expeditiously correct it following the recommendations of the Digital Services Coordinator or the Commission. Very large online platforms should be able to demonstrate their compliance at every step of the process pursuant to this Article.

2021/07/08
Committee: IMCO

Sandro GOZI, Christophe GRUDLER, Laurence FARRENG, Valérie HAYER, Stéphanie YON-COURTIN, Fabienne KELLER, Stéphane SÉJOURNÉ, Karen MELCHIOR

Proposal for a regulation
Article 31 – paragraph 2

2. Upon a reasoned request from the Digital Services Coordinator of establishment or the Commission, very large online platforms shall, within a reasonable period, as specified in the request, provide access to data to vetted researchers who meet the requirements in paragraphs 4 of this Article or civil society organisations engaged in monitoring Rule of Law, Fundamental Rights and European values, for the sole purpose of conducting research that contributes to the identification and understanding of systemic risks as set out in Article 26(1) or educational purposes.

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 31 – paragraph 2

2. Upon a reasoned request from the Digital Services Coordinator of establishment, three Digital Services Coordinators of destination or the Commission, very large online platforms shall, within a reasonable period, as specified in the request, provide access to data to vetted researchers who meet the requirements in paragraphs 4 of this Article, for the sole purpose of conducting research that contributes to the identification and understanding and mitigation of systemic risks as set out in Articles 26~~(1)~~ and 27.

2021/07/08
Committee: IMCO

Sandro GOZI, Christophe GRUDLER, Laurence FARRENG, Valérie HAYER, Stéphanie YON-COURTIN, Fabienne KELLER, Stéphane SÉJOURNÉ, Karen MELCHIOR

Proposal for a regulation
Article 31 – paragraph 3 a (new)

3a. Upon request by the recipient of the service, or at least once a year, very large online platforms shall make available to the recipient of the service comprehensive information about the data concerning the recipient of the service that was used in the previous year. The information shall encompass a listing of the data that was collected, how it was used and with what third parties it was shared. Online platforms shall present this information in a way that makes it easy to understand.

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 31 – paragraph 4

4. In order to be vetted, scientific researchers shall be affiliated with academic institutions, be independent from commercial interests and the very large online platform it seeks data from, have proven records of expertise in the fields related to the risks investigated or related research methodologies, and shall commit and be in a capacity to preserve the specific data security and confidentiality requirements corresponding to each request.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 31 – paragraph 4 a (new)

4a. Where a very large online platform or a Digital Services Coordinator has grounds to believe that a researcher is acting outside the purpose of paragraph 2 or no longer respects the conditions of paragraph 4, access to data shall be withdrawn and the Digital Services Coordinator of establishment shall decide if and when access shall be restored and under what conditions.

2021/07/08
Committee: IMCO

Sandro GOZI, Christophe GRUDLER, Laurence FARRENG, Valérie HAYER, Stéphanie YON-COURTIN, Fabienne KELLER, Stéphane SÉJOURNÉ, Karen MELCHIOR

Proposal for a regulation
Article 31 – paragraph 5

5. The Commission shall, after consulting the Board, adopt delegated acts laying down the technical conditions under which very large online platforms are to share data pursuant to paragraphs 1, 2 and 23a and the purposes for which the data may be used. Those delegated acts shall lay down the specific conditions under which such sharing of data with vetted researchers can take place in compliance with Regulation (EU) 2016/679, taking into account the rights and interests of the very large online platforms and the recipients of the service concerned, including the protection of confidential information, in particular trade secrets, and maintaining the security of their service.

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 31 – paragraph 6 – introductory part

6. Within 15 days following receipt of a request as referred to in paragraph 1 and 2, a very large online platform may request the Digital Services Coordinator of establishment or the Commission, as applicable, to amend the request, where it considers that it is unable to give access to the data requested ~~because one of following two reasons:~~ for the following reasons: (a) in case of request under paragraph 1, a very large online platform does not have and cannot obtain with reasonable effort access to the data; (b) in case of request under paragraph 2, a very large online platform does not have access to the data or providing access to the data will lead to significant vulnerabilities for the security of its service or the protection of confidential information, in particular trade secrets.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 31 – paragraph 7 a (new)

7a. Digital Service Coordinators and the Commission shall, once a year, report the following information: (a) the number of requests made to them as referred to in paragraphs 1 and 2; (b) the number of such requests that have been declined or withdrawn by the Digital Service Coordinator or the Commission and the reasons for which they have been declined or withdrawn, including following a request to the Digital Service Coordinator or the Commission from a very large online platform to amend a request as referred to in paragraphs 1 and 2.

2021/07/08
Committee: IMCO

Sandro GOZI, Christophe GRUDLER, Laurence FARRENG, Valérie HAYER, Stéphanie YON-COURTIN, Fabienne KELLER, Stéphane SÉJOURNÉ, Karen MELCHIOR

Proposal for a regulation
Article 31 – paragraph 7 a (new)

7a. Upon completion of the research envisaged in Article 31(2), the vetted researchers shall make their research publicly available, taking into account the rights and interests of the recipients of the service concerned in compliance with Regulation (EU) 2016/679.

2021/07/08
Committee: IMCO

Sandro GOZI, Christophe GRUDLER, Laurence FARRENG, Valérie HAYER, Stéphanie YON-COURTIN, Fabienne KELLER, Stéphane SÉJOURNÉ, Karen MELCHIOR

Proposal for a regulation
Article 31 – paragraph 7 b (new)

7b. Digital Service Coordinators and the Commission shall, once a year, report the following information: (a) the number of requests made to them as referred to in paragraphs 1 and 2; (b) the number of such requests that have been declined by the Digital Service Coordinator or the Commission and the reasons for which they have been declined; (c) the number of such requests that have been declined by the Digital Service Coordinator or the Commission, including the reasons for which they have been declined, following a request to the Digital Service Coordinator or the Commission from a very large online platform to amend a request as referred to in paragraphs 1 and 2.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 33 – paragraph 1 – subparagraph 1 a (new)

Such reports shall include content moderation information separated and presented for each Member State in which the services are offered and for the Union as a whole. The reports shall be published in at least one of the official languages of the Member States of the Union in which services are offered.

2021/07/08
Committee: IMCO

Sandro GOZI, Christophe GRUDLER, Laurence FARRENG, Valérie HAYER, Stéphanie YON-COURTIN, Fabienne KELLER, Stéphane SÉJOURNÉ, Karen MELCHIOR, Marco ZULLO

Proposal for a regulation
Article 33 – paragraph 2 a (new)

2a. The reports shall include content moderation broken down per Member State in which the services are offered and in the Union as a whole and shall be published in the official languages of the Member States of the Union.

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 34 – paragraph 1 – introductory part

1. The Commission shall support and promote the development and implementation of ~~voluntary industry~~ standards set by relevant European and international standardisation bodies subject to transparent, multi- stakeholder and inclusive processes in line with Regulation (EU) No. 1025/2012, at least for the following:

2021/07/08
Committee: IMCO

Ramona STRUGARIU, Vlad-Marius BOTOŞ, Karen MELCHIOR

Proposal for a regulation
Article 34 – paragraph 1 – point f

(f) transparency obligations under Article 24 and transmission of data between advertising intermediaries in support of transparency obligations pursuant ~~to points (b) and (c) of~~ Article 24.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Marco ZULLO, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 34 – paragraph 1 – point f a (new)

(fa) accessibility of elements and functions of online platforms and digital services for persons with disabilities aiming at consistency and coherence with existing harmonised accessibility requirements when these elements and functions are not already covered by existing harmonised European standards

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 34 – paragraph 1 – point f a (new)

(fa) self-regulatory, certifiable and machine-readable criteria for the transparency of ownership and professionalism of editorial processes to identify reliable sources of information pursuant to Article 24 a;

2021/07/08
Committee: IMCO

Liesje SCHREINEMACHER, Bart GROOTHUIS, Hilde VAUTMANS, Marco ZULLO, Karen MELCHIOR, Morten LØKKEGAARD, Adrián VÁZQUEZ LÁZARA, Sandro GOZI

Proposal for a regulation
Article 34 – paragraph 1 a (new)

1a. The Commission shall support and promote the development and implementation of industry standards set by relevant European and international standardisation bodies for the protection and promotion of the rights of the child, observance of which, once adopted will be mandatory for very large online platforms, at least for the following: (a) age assurance and age verification; (b) child impact assessments; (c) child-centred and age-appropriate design; (d) child-centred and age-appropriate terms and conditions.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 34 – paragraph 2 a (new)

2a. Where any of the standards under paragraph 1 have not been adopted by [24 months of the entry into force of this regulation], the Commission may adopt a delegated act in accordance with Article 69 to set down rules, guidelines or a template for the harmonised application of the applicable articles. Once a standard has been established, the Commission shall cease work on or withdraw its delegated act if already adopted.

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 35 – paragraph 1

1. The Commission and the Board ~~shall~~may encourage and facilitate the drawing up of codes of conduct at Union level to contribute to the ~~proper~~effective application of this Regulation, taking into account in particular the specific challenges of tackling different types of illegal content and systemic risks, in accordance with Union law, in particular on consumer protection, competition and the protection of personal data, as well as the Charter of Fundamental Rights.

2021/07/08
Committee: IMCO

Sandro GOZI, Christophe GRUDLER, Laurence FARRENG, Valérie HAYER, Stéphanie YON-COURTIN, Fabienne KELLER, Stéphane SÉJOURNÉ, Karen MELCHIOR

Proposal for a regulation
Article 35 – paragraph 2

2. Where significant systemic risk within the meaning of Article 26(1) emerge and concern several very large online platforms, the Commission may invite the very large online platforms concerned, other very large online platforms, other online platforms and other providers of intermediary services, as appropriate, as well as civil society organisations and other interested parties, to participate in the drawing up of codes of conduct, including by setting out commitments to take specific risk mitigation measures, as well as a regular reporting framework on any measures taken and their outcomes.deleted

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 35 – paragraph 2

2. Where ~~significant~~ systemic risk within the meaning of Article 26(1) emerge and concern several very large online platforms, the Commission ~~may~~shall invite the very large online platforms concerned, other very large online platforms, other online platforms and other providers of intermediary services, as appropriate, as well as civil society organisations and other interested parties, to participate in the drawing up of codes of conduct, including by setting out commitments to take specific risk mitigation measures, as well as a regular reporting framework on any measures taken and their outcomes.

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 35 – paragraph 3

3. When giving effect to paragraphs 1 ~~and 2, the Commission and the Board shall aim to ensure that the codes of conduct clearly set out their objectives, contain~~, the Commission and the Board shall ensure a balanced, inclusive, multi- stakeholder and transparent governance for the codes of conduct. The Commission and the Board shall ensure the participation and meaningful inclusion of civil society organisations representing the public interest, that the codes of conduct set out clear and precise provisions and fundamental rights objectives, contain effective and specific key performance indicators to ~~measur~~evaluate the achievement of those ~~objectiv~~measures and take due account of the needs and interests of all interested parties, in~~cluding~~ particular citizens, at Union level. The Commission and the Board shall also ~~aim to~~ ensure that participants report regularly to the Commission and the~~ir respective Digital Service Coordinators of establishment~~ Board on any measures taken and their outcomes, as measured against the law and the key performance indicators that they contain.

2021/07/08
Committee: IMCO

Sandro GOZI, Christophe GRUDLER, Laurence FARRENG, Valérie HAYER, Stéphanie YON-COURTIN, Fabienne KELLER, Stéphane SÉJOURNÉ, Karen MELCHIOR, Marco ZULLO

Proposal for a regulation
Article 35 – paragraph 3

3. When giving effect to paragraphs 1 and 2, the Commission and the Board shall ~~aim to~~ ensure that the codes of conduct clearly set out their objectives, contain a set of harmonised key performance indicators to measure the achievement of those objectives and take due account of the needs and interests of all interested parties, including citizens, at Union level. The Commission and the Board shall also ~~aim to~~ ensure that participants report regularly to the Commission and their respective Digital Service Coordinators of ~~establishment on~~ any measures taken and their outcomes, as measured against the key performance indicators that they contain in order to facilitate effective cross-platform monitoring.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN

Proposal for a regulation
Article 35 – paragraph 3

3. When giving effect to paragraphs 1 and 2, the Commission and the Board shall aim to ensure that the codes of conduct clearly set out their objectives, contain key performance indicators to measure the achievement of those objectives and take due account of the needs and interests of all interested parties, including citizens, at Union level. The Commission and the Board shall also aim to ensure that participants report regularly as needed to the Commission and their respective Digital Service Coordinators of establishment on any measures taken and their outcomes, as measured against the key performance indicators that they contain.

2021/07/08
Committee: IMCO

Sandro GOZI, Christophe GRUDLER, Laurence FARRENG, Valérie HAYER, Stéphanie YON-COURTIN, Fabienne KELLER, Stéphane SÉJOURNÉ, Karen MELCHIOR, Marco ZULLO

Proposal for a regulation
Article 35 – paragraph 4

4. The Commission and the Board shall assess whether the codes of conduct meet the aims specified in paragraphs 1 and 3, and shall regularly monitor and evaluate the achievement of their objectives~~. They shall publish their conclusion~~, and publish their conclusions. Furthermore, they shall ensure that there is common alert mechanism managed at Unions level to allow for real-time and coordinated responses.

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 35 – paragraph 5

5. The Commission and the Board shall regularly and transparently monitor and evaluate the achievement of ~~the objectives of~~or failure to meet the codes of conduct, having regard to th~~e key performance indicators that they may contain~~is Regulation, other applicable law, feedback received by stakeholders, and the key performance indicators that they may contain. If the results of the evaluation show the code or codes of conduct are ineffective or that the commitments are not being met, the competent Digital Service Coordinators shall impose effective, proportionate and dissuasive sanctions. In addition, the Commission shall introduce a legislative proposal following the ordinary legislative procedure.

2021/07/08
Committee: IMCO

Sandro GOZI, Christophe GRUDLER, Laurence FARRENG, Valérie HAYER, Stéphanie YON-COURTIN, Fabienne KELLER, Stéphane SÉJOURNÉ, Karen MELCHIOR, Marco ZULLO

Proposal for a regulation
Article 35 – paragraph 5

5. The Board shall regularly monitor and evaluate the achievement of the objectives of the codes of conduct, having regard to the key performance indicators that they may contain. In case of systematic and repetitive failure to comply with the Codes of Conduct, the Board shall as a measure of last resort take a decision to temporary suspend or definitely exclude platforms that do not meet their commitments as a signatory to the Codes of Conduct.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER, Bart GROOTHUIS

Proposal for a regulation
Article 35 – paragraph 5

5. The Board shall regularly monitor and evaluate the achievement of the objectives of the codes of conduct, having regard to the key performance indicators that they may contain. In case of systematic and repetitive failure to comply with the Codes of Conduct, the Board shall as a measure of last resort take a decision to temporary suspend or definitely exclude platforms that do not meet their commitments as a signatory to the Codes of Conduct.

2021/07/08
Committee: IMCO

Sandro GOZI, Christophe GRUDLER, Laurence FARRENG, Valérie HAYER, Stéphanie YON-COURTIN, Fabienne KELLER, Stéphane SÉJOURNÉ, Karen MELCHIOR

Proposal for a regulation
Article 36

Codes of conduct for online advertising 1. and facilitate the drawing up of codes of conduct at Union level between, online platforms and other relevant service providers, such as providers of online advertising intermediary services or organisations representing recipients of the service and civil society organisations or relevant authorities to contribute to further transparency in online advertising beyond the requirements of Articles 24 and 30. 2. ensure that the codes of conduct pursue an effective transmission of information, in full respect for the rights and interests of all parties involved, and a competitive, transparent and fair environment in online advertising, in accordance with Union and national law, in particular on competition and the protection of personal data. The Commission shall aim to ensure that the codes of conduct address at least: (a) the transmission of information held by providers of online advertising intermediaries to recipients of the service with regard to requirements set in points (b) and (c) of Article 24; (b) the transmission of information held by providers of online advertising intermediaries to the repositories pursuant to Article 30. 3. The Commission shall encourage the development of the codes of conduct within one year following the date of application of this Regulation and their application no later than six months after that date.Article 36 deleted The Commission shall encourage The Commission shall aim to

2021/07/08
Committee: IMCO

Sandro GOZI, Christophe GRUDLER, Laurence FARRENG, Valérie HAYER, Stéphanie YON-COURTIN, Fabienne KELLER, Stéphane SÉJOURNÉ, Karen MELCHIOR, Marco ZULLO

Proposal for a regulation
Article 36 – paragraph 1

1. The Commission shall encourage and facilitate the drawing up of codes of conduct at Union level between, online platforms and other relevant service providers, such as providers of online advertising intermediary services or organisations representing recipients of the service and civil society organisations or relevant authorities to contribute to further transparency infor all players in the online advertising value chain. beyond the requirements of Articles 24 and 30.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Marco ZULLO, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER, Bart GROOTHUIS

Proposal for a regulation
Article 36 – paragraph 1

1. The Commission shall encourage and facilitate the drawing up of codes of conduct at Union level between, online platforms and other relevant service providers, such as providers of online advertising intermediary services or organisations representing recipients of the service and civil society organisations or relevant authorities to contribute to further transparency infor all actors in the online advertising value chain, beyond the requirements of Articles 24 and 30.

2021/07/08
Committee: IMCO

Sandro GOZI, Christophe GRUDLER, Laurence FARRENG, Valérie HAYER, Stéphanie YON-COURTIN, Fabienne KELLER, Stéphane SÉJOURNÉ, Karen MELCHIOR, Marco ZULLO

Proposal for a regulation
Article 36 – paragraph 2 – point b a (new)

(ba) the setting-up of unique identifier that will enable advertisers and publishers to identify and track a campaign throughout its lifecycle.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 36 – paragraph 3

3. The Commission shall encourage the development of the codes of conduct within one year following the date of application of this Regulation and their application no later than six months after that date. The Commission shall evaluate the application of those codes three years after the application of this Regulation.

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 36 – paragraph 3

3. The Commission shall encourage the development of the codes of conduct within one year following the date of application of this Regulation and their application no later than six months after that date. The Commission shall evaluate the application of those codes two years after the application of this Regulation.

2021/07/08
Committee: IMCO

Sandro GOZI, Christophe GRUDLER, Laurence FARRENG, Valérie HAYER, Stéphanie YON-COURTIN, Fabienne KELLER, Stéphane SÉJOURNÉ, Karen MELCHIOR, Marco ZULLO

Proposal for a regulation
Article 36 – paragraph 3 a (new)

3a. The Commission shall encourage all the players in the online advertising value chain to endorse and comply with the commitments stated in the codes of conduct.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Marco ZULLO, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 36 – paragraph 3 a (new)

3a. The Commission shall encourage all the actors in the online advertising eco-system to endorse and comply with the commitments stated in the codes of conduct.

2021/07/08
Committee: IMCO

Liesje SCHREINEMACHER, Bart GROOTHUIS, Hilde VAUTMANS, Marco ZULLO, Karen MELCHIOR, Morten LØKKEGAARD, Adrián VÁZQUEZ LÁZARA, Sandro GOZI

Proposal for a regulation
Article 36 a (new)

Article 36a Codes of conduct for the protection of minors 1. The Commission shall encourage and facilitate the drawing up of codes of conduct at Union level between online platforms and other relevant services providers and organisations representing minors, parents and civil society organisations or relevant authorities to further contribute to the protection of minors on online. 2. The Commission shall aim to ensure that the codes of conduct pursue an effective protection of minors online, which respects their right as enshrined in Article 24 of the Charter and the UN Convention on the Rights of the Child, and detailed in the United Nations Committee on the Rights of the Child General comment No. 25 as regards the digital environment. The Commission shall aim to ensure that the codes of conduct address at least: (a) age verification and age assurance models, taking into account the industry standards referred to in article 34. (b) child-centred and age-appropriate design, taking into account the industry standards referred to in Article 34. 3. The Commission shall encourage the development of the codes of conduct within one year following the date of application of the Regulation and their application no later than six months after that date.

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 38 – paragraph 2 – subparagraph -1 (new)

-1. Member States shall not designate the regulatory authorities referred to in Article 30 of the Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services as competent authorities or as Digital Services Coordinator.

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 38 – paragraph 2 – subparagraph 1 a (new)

When a Member State is subject to a procedure referred to in Article 7(1) or 7(2) of the Treaty on European Union or against whom a procedure based on Regulation 2020/2092 was initiated, the Commission shall additionally confirm that the Digital Services Coordinator proposed by that Member State fulfils the requirements laid down in Article 39 before that Digital Services Coordinator can be designated.

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 38 – paragraph 3 – subparagraph 2 a (new)

This paragraph applies mutatis mutandis to the certification process for out-of- court dispute settlement bodies as described in Article 18(2) and the award of the status of trusted flagger as described in Article 19(2).

2021/07/08
Committee: IMCO

Sandro GOZI, Christophe GRUDLER, Laurence FARRENG, Valérie HAYER, Stéphanie YON-COURTIN, Fabienne KELLER, Stéphane SÉJOURNÉ, Karen MELCHIOR, Marco ZULLO

Proposal for a regulation
Article 38 – paragraph 4 a (new)

4a. Member States shall ensure that the competent authorities have adequate financial and human resources, as well as legal and technical expertise to fulfil their tasks under this Regulation.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN

Proposal for a regulation
Article 38 – paragraph 4 a (new)

4a. Member States shall ensure that the competent authorities have adequate financial and human resources, as well as legal and technical expertise to fulfil their tasks under this Regulation.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Morten LØKKEGAARD, Karen MELCHIOR

Proposal for a regulation
Article 39 – paragraph 1 – subparagraph 1 a (new)

Member States shall ensure that the Digital Services Coordinators are legally distinct from the government and functionally independent of their respective governments and of any other public or private body.

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 40 – paragraph 1

1. The Member State in which the main establishment of the provider of intermediary services is located shall have jurisdiction for the purposes of Chapters III and IV of this Regulation and final jurisdiction as to disputes on orders issued under Article 8 and 9.

2021/07/08
Committee: IMCO

Sandro GOZI, Christophe GRUDLER, Laurence FARRENG, Valérie HAYER, Stéphanie YON-COURTIN, Fabienne KELLER, Stéphane SÉJOURNÉ, Karen MELCHIOR

Proposal for a regulation
Article 40 – paragraph 1 a (new)

1a. By means of derogation from paragraph 1, the Member State in which the consumers have their residence shall have jurisdiction for the purposes of Articles 22, 22a and 22b of this Regulation and the Member State in which the authority issuing the order is situated shall have jurisdiction for the purposes of Articles 8 and 9 of this Regulation.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Article 40 – paragraph 3 a (new)

3a. Paragraph 3 shall not apply to providers of intermediary services that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC and which are not very large online platforms. Such enterprises shall be deemed to be under the jurisdiction of the Member State where their point of contact resides or is established. Where no point of contract is established or resides in a Member State, paragraph 3 shall apply.

2021/07/08
Committee: IMCO

Sandro GOZI, Christophe GRUDLER, Laurence FARRENG, Valérie HAYER, Stéphanie YON-COURTIN, Fabienne KELLER, Stéphane SÉJOURNÉ, Karen MELCHIOR

Proposal for a regulation
Article 40 – paragraph 4

4. Paragraphs 1,1a, 2 and 3 are without prejudice to Article 43(2), the second subparagraph of Article 50(4) and the second subparagraph of Article 51(2) and the tasks and powers of the Commission under Section 3.

2021/07/08
Committee: IMCO

Sandro GOZI, Christophe GRUDLER, Laurence FARRENG, Valérie HAYER, Stéphanie YON-COURTIN, Fabienne KELLER, Stéphane SÉJOURNÉ, Karen MELCHIOR

Proposal for a regulation
Article 41 – paragraph 3 a (new)

3a. Following request to the Commission and in cases of infringements that persist, could cause serious harm to recipients of the service, or could seriously affect their fundamental rights, the Digital Services Coordinator of the country of destination may be entitled to additional powers in the framework of joint investigations as referred to in Article 46.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN

Proposal for a regulation
Article 41 – paragraph 6 a (new)

6a. The Commission shall publish guidelines by [six months after adoption] on the powers and procedures of the Digital Services Coordinators. Member States shall follow these guidelines or explain otherwise to the Commission.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Morten LØKKEGAARD, Karen MELCHIOR

Proposal for a regulation
Article 42 – paragraph 4 a (new)

4a. Member States shall ensure that administrative or judicial authorities issuing orders pursuant to Article 8 and 9 shall only issue penalties or fines in line with this Article.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Article 42 a (new)

Article 42a General conditions for imposing penalties 1. Before penalties are issued under Article 42, when deciding whether to impose a penalty and deciding on the amount of the penalty in each individual case due regard shall be given to the following: (a) the nature, gravity and duration of the infringement taking into account the nature scope or purpose of the processing concerned as well as the number of recipients affected and the level of damage suffered by them; (b) the intentional or negligent character of the infringement; (c) any action taken by the provider to mitigate the damage of the infringement; (d) the degree of responsibility of the provider taking into account any other providers involved; (e) any relevant previous infringements by the provider; (f) the degree of cooperation with the Digital Services Coordinator(s),in order to remedy the infringement and mitigate the possible adverse effects of the infringement; (g) the manner in which the infringement became known to the Member State; (h) where infringement have previously been ordered against the provider concerned with regard to the same subject-matter, compliance with those measures; (i) adherence to approved codes of conduct pursuant to Article35 and 36; and (k) any other aggravating or mitigating factor applicable to the circumstances of the case, such as financial benefits gained, or losses avoided, directly or indirectly, from the infringement. 2. If a provider infringes several provisions of this Regulation, the total amount of the penalty shall not exceed the amount specified in Article 42 (3). 3. The exercise by a Member State of its powers under this Article and Article 42 shall be subject to appropriate procedural safeguards in accordance with Union and Member State law, including effective judicial remedy and due process.

2021/07/08
Committee: IMCO

Sandro GOZI, Christophe GRUDLER, Laurence FARRENG, Valérie HAYER, Stéphanie YON-COURTIN, Fabienne KELLER, Stéphane SÉJOURNÉ, Karen MELCHIOR

Proposal for a regulation
Article 43 – paragraph 1

Recipients of the service shall have the right to lodge a complaint against providers of intermediary services alleging an infringement of this Regulation with the Digital Services Coordinator of the Member State where the recipient resides or is established or with in the case of very large online platforms, the Commission. The Digital Services Coordinator shall assess the complaint and, where appropriate, transmit it to the Digital Services Coordinator of establishment or in the case of very large online platforms, the Commission. Where the complaint falls under the responsibility of another competent authority in its Member State, the Digital Service Coordinator receiving the complaint shall transmit it to that authority.

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 43 – paragraph 1 a (new)

Where the complaint concerns an alleged harm upon the recipients of the service, the Member State where the recipient resides shall have jurisdiction for the purposes of the complaint.

2021/07/08
Committee: IMCO

Sandro GOZI, Christophe GRUDLER, Laurence FARRENG, Valérie HAYER, Stéphanie YON-COURTIN, Fabienne KELLER, Stéphane SÉJOURNÉ, Karen MELCHIOR

Proposal for a regulation
Article 43 a (new)

Article 43a Rights to effective judicial remedies 1. Without prejudice to any available administrative or non-judicial remedy, any recipient of the service or representative organisations shall have the right to an effective judicial remedy where he or she suffered harm as a result of an infringement of Articles 26(1) and 27(1). 2. In determining whether the very large online platform has complied with its obligations under Article 27(1), and in light of the principle of proportionality, the availability of suitable and effective measures shall be taken into account. 3. Such proceedings may be brought before the courts of the Member State where the recipient of the service has his or her habitual residence. 4. Without prejudice to any other administrative or non-judicial remedy, any recipients of the service or representative organisations shall have the right to an effective judicial remedy where the Digital Service Coordinator which is competent pursuant to Articles 40 and 43 does not handle a complaint or does not inform the recipient of the service within three months on the progress or outcome of the complaint lodged pursuant to Article 43. Proceedings against a Digital Services Coordinator under paragraph 4 shall be brought before the courts of the Member State where the Digital Services Coordinator is established.

2021/07/08
Committee: IMCO

Sandro GOZI, Christophe GRUDLER, Laurence FARRENG, Valérie HAYER, Stéphanie YON-COURTIN, Fabienne KELLER, Stéphane SÉJOURNÉ, Karen MELCHIOR

Proposal for a regulation
Article 45 – paragraph 1 – subparagraph 2

Where the Board has reasons to suspect that a provider of intermediary services infringed this Regulation in a manner involving at least three Member States, it ~~may recommend~~shall request the Digital Services Coordinator of establishment to assess the matter and take the necessary investigatory and enforcement measures to ensure compliance with this Regulation.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR

Proposal for a regulation
Article 45 – paragraph 2 a (new)

2a. A request or recommendation pursuant to paragraph 1 shall be at the same time as it is communicated to the Digital Services Coordinator of establishment be transmitted to the Commission. Where the Commission believes that the request or recommendation is unmerited or where the Commission is currently taking action on the same substantial matter, the Commission can ask for the request or recommendation to be withdrawn.

2021/07/08
Committee: IMCO

Sandro GOZI, Christophe GRUDLER, Laurence FARRENG, Valérie HAYER, Stéphanie YON-COURTIN, Fabienne KELLER, Stéphane SÉJOURNÉ, Karen MELCHIOR

Proposal for a regulation
Article 45 – paragraph 4

4. The Digital Services Coordinator of establishment shall, without undue delay and in any event not later than two months following receipt of the request or recommendation, communicate to the Digital Services Coordinator that sent the request, or the Board, its assessment of the suspected infringement, or that of any other competent authority pursuant to national law where relevant, ~~and~~ an explanation of any investigatory or enforcement measures taken or envisaged in relation thereto and a statement of reason in case of decision, following its investigation, not to take measures to ensure compliance with this Regulation.

2021/07/08
Committee: IMCO

Sandro GOZI, Christophe GRUDLER, Laurence FARRENG, Valérie HAYER, Stéphanie YON-COURTIN, Fabienne KELLER, Stéphane SÉJOURNÉ, Karen MELCHIOR

Proposal for a regulation
Article 45 – paragraph 6

6. The Commission , in cooperation with the Digital Services Coordinators shall assess the matter within three months following the referral of the matter pursuant to paragraph 5, after having consulted the Digital Services Coordinator of establishment and, unless it referred the matter itself, the Board.

2021/07/08
Committee: IMCO

Sandro GOZI, Christophe GRUDLER, Laurence FARRENG, Valérie HAYER, Stéphanie YON-COURTIN, Fabienne KELLER, Stéphane SÉJOURNÉ, Karen MELCHIOR

Proposal for a regulation
Article 45 – paragraph 7

7. Where, pursuant to paragraph 6, the Commission in cooperation with the Digital Services Coordinators concludes that the assessment or the investigatory or enforcement measures taken or envisaged pursuant to paragraph 4 are incompatible with this Regulation, it shall request the Digital Service Coordinator of establishment to ~~further assess the matter and~~ take the necessary investigatory or enforcement measures to ensure compliance with this Regulation, and to inform it about those measures taken within two months from that request. Where the Digital Services Coordinator of establishment fails to comply with the request to take the necessary measures before the end of the two months period, the Commission shall reallocate the case without delay to the Digital Services Coordinator initiating the request.

2021/07/08
Committee: IMCO

Sandro GOZI, Christophe GRUDLER, Laurence FARRENG, Valérie HAYER, Stéphanie YON-COURTIN, Fabienne KELLER, Stéphane SÉJOURNÉ, Karen MELCHIOR

Proposal for a regulation
Article 46 – title

Joint investigations, cooperation among Digital Services Coordinators and requests for Commission intervention

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Morten LØKKEGAARD, Karen MELCHIOR

Proposal for a regulation
Article 46 – paragraph 1 – subparagraph 1

Digital Services Coordinators may participate in joint investigations, which may be coordinated with the support of the Board, with regard to matters covered by this Regulation, concerning providers of intermediary services operating in several Member States. Such joint investigations shall be under the supervision of Digital Services Coordinator of establishment of the provider under investigation,

2021/07/08
Committee: IMCO

Sandro GOZI, Christophe GRUDLER, Laurence FARRENG, Valérie HAYER, Stéphanie YON-COURTIN, Fabienne KELLER, Stéphane SÉJOURNÉ, Karen MELCHIOR

Proposal for a regulation
Article 46 – paragraph 1 a (new)

1a. Where Digital Services Coordinator of the country of destination considers that an alleged infringement exist and causes serious harm to a large number of recipients of the service in that Member States, or could seriously affect their fundamental rights, it may request to the Commission to set up joint investigations between Digital Services Coordinator of country of establishment and the requesting Digital Services Coordinator of country of destination.

2021/07/08
Committee: IMCO

Sandro GOZI, Christophe GRUDLER, Laurence FARRENG, Valérie HAYER, Stéphanie YON-COURTIN, Fabienne KELLER, Stéphane SÉJOURNÉ, Karen MELCHIOR

Proposal for a regulation
Article 46 – paragraph 1 b (new)

1b. The Commission, in cooperation with the Digital Services Coordinators, shall assess such request and following positive opinion of the Board shall set up a joint investigation where the Digital Services Coordinator of the country of destination can be entitled to exercise the following additional powers with respect to the provider of intermediary services concerned by the alleged infringement: (a) to obtain access to the confidential version of the reports published by the intermediary service providers referred to in Article 13 and where applicable in Articles 23 and 24, as well as to the annual reports drawn up by the other competent authorities pursuant to Article 44; (b) to obtain access to data collected by the Digital Services Coordinator of the country of establishment for the purpose of supervision of that provider on the territory of the Digital Services Coordinator of the country of destination; (c) to initiate proceedings and assess the matter in view of taking specific investigatory or enforcement measures to ensure compliance, where the suspected seriousness of the infringement would require immediate response that would not allow for the provisions of Article 45 to apply; and (d) to request interim measures, as referred to in Article 41(2)(e).

2021/07/08
Committee: IMCO

Sandro GOZI, Christophe GRUDLER, Laurence FARRENG, Valérie HAYER, Stéphanie YON-COURTIN, Fabienne KELLER, Stéphane SÉJOURNÉ, Karen MELCHIOR

Proposal for a regulation
Article 46 – paragraph 1 c (new)

1c. The Commission decision setting up the joint investigation shall define a deadline by when Digital Services Coordinator of the country of establishment and Digital Services Coordinator launching the request pursuant to paragraph 2 shall agree on a common position on the joint investigation, and where applicable on the enforcement measures to be adopted. If no agreement is reached within this deadline, the case shall be referred to the Commission pursuant to Article 45(5).

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Article 47 – paragraph 1

1. An independent advisory group of Digital Services Coordinators on the supervision of providers of intermediary services named ‘European Board for Digital Services’ (the ‘Board’) is established and shall have legal personality.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Article 48 – paragraph 1

1. The Board shall be composed of the Digital Services Coordinators, who shall be represented by high-level officials. Where provided for by national law, other competent authorities entrusted with specific operational responsibilities for the application and enforcement of this Regulation alongside the Digital Services Coordinator ~~shall~~may participate in the Board. Other national authorities may be invited to the meetings, where the issues discussed are of relevance for them. Member State has more than one representative present, solely the final word of the Digital Services Coordinator shall be taken as the position of the Member State in question.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Article 48 – paragraph 2 – subparagraph 1 a (new)

Where a Member State has more than one representative present, solely the Digital Services Coordinator shall be able to vote.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 48 – paragraph 5 a (new)

5a. The Board shall, where appropriate, consult interested parties and give them the opportunity to comment within a reasonable period. The Board shall make the results of the consultation procedure publicly available.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 48 – paragraph 6

6. The Board shall adopt its rules of procedure by a two-thirds majority of its members, following the consent of the Commission.

2021/07/08
Committee: IMCO

Sandro GOZI, Christophe GRUDLER, Laurence FARRENG, Valérie HAYER, Stéphanie YON-COURTIN, Fabienne KELLER, Stéphane SÉJOURNÉ, Karen MELCHIOR

Proposal for a regulation
Article 49 – paragraph 1 – point c a (new)

(ca) continually develop guidance and best practices for the development and design of interfaces to minimise dark patterns;

2021/07/08
Committee: IMCO

Proposal for a regulation
Article 49 – paragraph 1 – point c a (new)

(ca) issue specific recommendations for the implementation of Article 27 and advise on possible application of sanctions in case of repeated non-compliance;

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 49 a (new)

Article 49a Reports 1. The Board shall draw up an annual report regarding its actions. The report shall be made public and be transmitted to the European Parliament, to the Council and to the Commission in all official languages of the Member States. 2. The annual report shall include, among other information, a review of the practical application of the opinions, guidelines, recommendations advice and any other measures taken under Article 49(1).

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Morten LØKKEGAARD, Karen MELCHIOR

Proposal for a regulation
Article 49 b (new)

Article 49b Confidentiality 1. The discussions of the Board shall be confidential where the Board deems it necessary, as provided for in its rules of procedure. 2. Access to documents submitted to members of the Board, experts and representatives of third parties shall be governed by Regulation (EC) No 1049/2001 of the European Parliament and of the Council.

2021/07/08
Committee: IMCO

Karen MELCHIOR, Samira RAFAELA, Hilde VAUTMANS, Michal ŠIMEČKA, Ivars IJABS, Anna Júlia DONÁTH, Olivier CHASTEL, Fabienne KELLER, Petras AUŠTREVIČIUS, Irène TOLLERET

Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 2

The Commission acting on its own initiative, or the Board acting on its own initiative or upon request of at least three Digital Services Coordinators of destination, ~~may~~shall, where it has reasons to suspect that a very large online platform infringed any of those provisions, recommend the Digital Services Coordinator of establishment to investigate the suspected infringement with a view to that Digital Services Coordinator adopting such a decision with~~in a reasonable time period~~out undue delay and in any event within two months.

2021/07/08
Committee: IMCO

Sandro GOZI, Christophe GRUDLER, Laurence FARRENG, Valérie HAYER, Stéphanie YON-COURTIN, Fabienne KELLER, Stéphane SÉJOURNÉ, Karen MELCHIOR

Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 2

The Commission acting on its own initiative, or the Board acting on its own initiative or upon request of at least three Digital Services Coordinators of destination, ~~may~~shall, where it has reasons to suspect that a very large online platform infringed any of those provisions, recommend the Digital Services Coordinator of establishment to investigate the suspected infringement with a view to that Digital Services Coordinator adopting such a decision within a reasonable time period.

2021/07/08
Committee: IMCO

Karen MELCHIOR, Samira RAFAELA, Hilde VAUTMANS, Michal ŠIMEČKA, Ivars IJABS, Anna Júlia DONÁTH, Olivier CHASTEL, Fabienne KELLER, Petras AUŠTREVIČIUS, Irène TOLLERET, Ramona STRUGARIU, Barry ANDREWS, Susana SOLÍS PÉREZ, Dragoş PÎSLARU, Katalin CSEH

Proposal for a regulation
Article 51 – paragraph 1 – introductory part

1. The Commission, acting either upon the Board’s recommendation or on its own initiative after consulting the Board, ~~may~~shall initiate proceedings in view of the possible adoption of decisions pursuant to Articles 58 and 59 in respect of the relevant conduct by the very large online platform that:

2021/07/08
Committee: IMCO

Karen MELCHIOR, Samira RAFAELA, Hilde VAUTMANS, Michal ŠIMEČKA, Ivars IJABS, Anna Júlia DONÁTH, Olivier CHASTEL, Fabienne KELLER, Petras AUŠTREVIČIUS, Irène TOLLERET, Ramona STRUGARIU, Barry ANDREWS, Katalin CSEH

Proposal for a regulation
Article 51 – paragraph 2 – subparagraph 1

Wheren the Commission ~~decides to~~ initiates proceedings pursuant to paragraph 1, it shall notify all Digital Services Coordinators, the Board and the very large online platform concerned.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Claudia GAMON, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Sandro GOZI, Stéphanie YON-COURTIN, Liesje SCHREINEMACHER

Proposal for a regulation
Article 51 a (new)

Article 51a Requirements for the Commission 1. The Commission shall perform its tasks under this Regulation in an impartial, transparent and timely manner. The Commission shall ensure that its units given responsibility for this regulation have the adequate technical, financial and human resources to carry out their tasks. 2. When carrying out their tasks and exercising their powers in accordance with this Regulation, the Commission shall act with complete independence. They shall remain free from any external influence, whether direct or indirect, and shall neither seek nor take instructions from any other public authority or any private party.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Article 52 – paragraph 2

2. When sending a simple request for information to the very large online platform concerned or other person referred to in Article 52(1), the Commission shall state the legal basis and the purpose of the request, specify what information is required and set the time period within which the information is to be provided, and the penalties provided for in Article 59 for supplying incorrect or misleading information. The purpose shall include reasoning on why and how the information is necessary, proportionality to the purpose and cannot be received by other means.

2021/07/08
Committee: IMCO

Dita CHARANZOVÁ, Andrus ANSIP, Vlad-Marius BOTOŞ, Morten LØKKEGAARD, Svenja HAHN, Karen MELCHIOR, Liesje SCHREINEMACHER

Proposal for a regulation
Article 52 – paragraph 4

4. The owners of the very large online platform concerned or other person referred to in Article 52(1) or their representatives and, in the case of legal persons, companies or firms, or where they have no legal personality, the persons authorised to represent them by law or by their constitution shall supply the information requested on behalf of the very large online platform concerned or other person referred to in Article 52(1). ~~Lawyers duly authorised to act may supply the information on behalf of their clients. The latter shall remain fully responsible if the information supplied is incomplete, incorrect or misleading.~~

2021/07/08
Committee: IMCO