87 Amendments of Stéphanie YON-COURTIN related to 2020/2018(INL)
Amendment 2 #
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
- having regard to the communication from the Commission of 11 January 2012, entitled “A coherent framework for building trust in the Digital Single Market for e-commerce and online services” COM/2011/0942 final,
Amendment 5 #
Motion for a resolution
Citation 2 b (new)
Citation 2 b (new)
- having regard to the Memorandum of Understanding on the sale of counterfeit goods via the internet of 21 June 2016 and its review in the Communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee of 29 November 2017, entitled “ A balanced IP enforcement system responding to today's societal challenges” (COM (2017) 707) final,
Amendment 6 #
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
- having regard to the Communication from the Commission of 28 September 2017, entitled “Tackling Illegal Content Online: Towards an enhanced responsibility of online platforms” (COM (2017) 555), and its Recommendation of 1 March 2018 on measures to effectively tackle illegal content online (COM (2018) 1177),
Amendment 35 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas a recent Parliament 1a study shows that the potential gain of completing the Digital Single Market for services could be up to €100 billion; whereas the Digital Services Act should not only be a way to regulate those services but should also aim at unlocking this potential to the benefit of the European economy; __________________ 1a“Europe’s two trillion euro dividend, Mapping the Cost of Non-Europe 2019- 2024”, EPRS, PE 631.745, April 2019
Amendment 39 #
Motion for a resolution
Recital D
Recital D
D. whereas the social and economic challenges brought by the COVID-19 pandemic are showing the resilience of the e-commerce sector and its potential as a driver for relaunching the European economy; whereas, at the same time, the pandemic has also exposed serious shortcomings of the current regu the Commission contacted a number of platforms, social media, search engines and market places rapidly to require their cooperation in taking down scams from their platforms; whereas platfory framework which call for action at Union level to address the difficulties identified and to prevent them from happening in the futurems replied positively to this call for cooperation and since then a rapid and efficient information exchange is in place; whereas, at the same time, the pandemic has also shown that platforms and online intermediation services need to step up their efforts to rapidly detect and take down fake claims and tackling the misleading practices of rogue traders in a consistent and coordinated manner, in particular of those selling false medical equipment online; whereas this calls for action at Union level to have a more coherent and coordinated approach to combat these misleading practices;
Amendment 46 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas scandals recently emerged regarding data harvesting and selling, Cambridge Analytica, fake news, political advertising and manipulation and a host of other online harms (from hate speech to the broadcast of terrorism);
Amendment 48 #
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas Directive (EU) 2019/770, Directive (EU) 2019/771, and Directive (EU) 2019/2161 were all adopted less than a year ago and are still in the process of being implemented and transposed into national legislation;
Amendment 50 #
Motion for a resolution
Recital D d (new)
Recital D d (new)
Dd. whereas the COVID-19 pandemic has shown how vulnerable EU consumers are to misleading trading practices by dishonest traders selling illegal products online that are not compliant with Union safety rules or imposing unjustified and abusive price increases or other unfair conditions on consumers; whereas this problem is aggravated by the fact that often the identity of these companies cannot be established;
Amendment 62 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s commitment to submit a proposal for a Digital Services Act package, and, on the basis of Article 225 of the Treaty on the Functioning of the European Union (TFEU), calls on the Commission to submit such a package on the basis of the relevant Articles of the Treaties, following the recommendations set out in the Annex hereto;
Amendment 120 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Takes the view that a level playing field in the internal market between the platform economy and the "traditional" offline economy, based on the same rights and obligations for all interested parties - consumers and businesses - is needed; considers that social protection and social rights of workers, especiallythe Digital Single Act should not tackle the issue of platform wor collaborative economy workers should be properly addressed in a specific instrument, accompanying the future regukers; notes that a report is being prepared by the relevant committee of the European Parliament on “Fair working conditions, rights and social protection for platfory frameworkm workers - New forms of employment linked to digital development”;
Amendment 148 #
Motion for a resolution
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Recalls that the E-Commerce Directive was drafted in a technologically neutral manner in order to avoid amendments of the legal framework arising from the fast pace of innovation in the IT sector; asks the Commission to ensure that any revisions continue to respect this technologically neutral manner;
Amendment 149 #
Motion for a resolution
Paragraph 6 e (new)
Paragraph 6 e (new)
6e. Considers that the future Digital Services Act should take the form of several regulations rather than directives in order to ensure a more harmonised application and avoid delays in its transposition;
Amendment 195 #
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 203 #
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 216 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that the current transparency and information requirements set out in the E-Commerce Directive on information society services providers and their business customers, that provide services to consumers (B2B2C) and the minimum information requirements on commercial communications, should be substantially strengthened;
Amendment 231 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to require intermediate service providers to verifycollect the information and identity of the business partners with whom they have a contractual commercial relationship, and to ensure that the information they provide is accurate and up-to-date when those business partners have a direct relationship with consumers through the intermediate service, and to ensure that the information is updated in case competent authorities informed the providers of any inaccuracy;
Amendment 239 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission to introduce enforceable obligations on internet service providers aimed at increasing transparency and information, if proposing measures on internet service providers aimed at increasing transparency and information, to take into account the difference between the underlining hosting internet service provider on the one hand and a platform or other websites and its users on the other; stresses that internet service providers often have no contractual relations with a platform’s business users or consumers, including having no legal right to view or access data stored; asks the Commission to ensure that enforcement measures are targeted in a way that takes this difference into account and does not force the breach of privacy and legal process; considers that these obligations should be proportionate and enforced by appropriate, effective and dissuasive penalties;
Amendment 281 #
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Recalls that the protection of personal data subject to automated decision-making processes is already covered, among others, by the General Data Protection Regulation and none of the proposals should seek to repeat or amend such measures;
Amendment 282 #
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Underlines that algorithms can be protected as trade secrets within the meaning of the Directive 2016/943; stresses that any supervision of such algorithms, where needed, must be carried out by the national regulatory authority of the country of origin, on a case by case basis, only when a Member State has reason to believe that it has algorithmic bias, and be subject to clear confidentiality rules;
Amendment 303 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that the existence and spread of illegal content online is a severe threat that, such as incitement to terrorism, illegal hate speech, or child sexual abuse material, as well as infringements of intellectual property rights and consumer protection online undermines citizens' trust and confidence in the digital environment, and which also harms the economic development ofharms healthy platform ecosystems in the Digital Single Market and severely hampers the development of legitimate markets for digital services;
Amendment 319 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Notes that there is no ‘one size fits all’ solution to all types of Stresses the need to distinguish between ‘illegal and ’, ‘harmful content and cases of misinformation online; believes, however, that a more aligned approach at Union level, taking into account the different types of content, will make’, and other content; notes that some content linked to religious belief or political positions, for instance, might be considered harmful without being illegal; considers that 'harmful' legal content should not be regulated or defined in the fDight against illegal content more effectiveital Service Act as they are protected by the freedom of expression;
Amendment 326 #
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Considers that this approach at Union level should be based on the principle of due diligence which is already implemented by some players; underlines that, in the context of the Digital Services Act, this principle should notably mean that active online intermediaries should take also effective and appropriate measures to tackle and remove illegal content from their platform and that such proactive measures should be a pre- condition for the service providers to benefit from the exemption of liability provided for in the E-Commerce Directive;
Amendment 328 #
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Stresses also that content that might be seen as 'illegal' in some Member States, may not be seen as such in others as only some type of 'illegal' content are harmonised in the EU; notes that there is therefore no ‘one size fits all’ solution to all types of 'illegal' content;
Amendment 351 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission to address the increasing differences and fragmentations of national rules in the Member States and to propose concrete legislative measures including a notice- and-action mechanism, that can empower users to notify online intermediaries of the existence of potentially illegal online content or behaviour; is of the opinion that such measures would guarantee a high level of users' and consumers' protection while promoting consumer trust in the online economy; stresses that the notice- and-action mechanism should be complemented with “stay down” obligations to prevent the reappearance of illegal online content that has already been identified and removed as illegal;
Amendment 388 #
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Calls on the Commission to clarify the definition of active and passive hosting intermediaries taking into account the existing jurisprudence of the Court of Justice; stresses that exemption from liability by default should be limited to passive hosts;
Amendment 390 #
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Notes that online intermediaries might encrypt or otherwise prevent outside access to their content by third parties, including hosting intermediaries, who do not have the encryption key; believes therefore that any requirements should take this and similar practical problems into account;
Amendment 397 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Notes that while online platforms, such as online market places, have benefited both retailers and consumers by improving choice and lowering prices, at the same time, they have allowed sellers, in particular from third countries, to offer products which often do not comply with Union rules on product safety and do not sufficiently guarantee consumer rightsan increasing number of non-compliant sellers - especially from third countries – are offering unsafe or illegal products in the European market;
Amendment 403 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Stresses that it is unacceptable that Union consumers are exposed to illegal and unsafe products, containing dangerous chemicals, as well as other safety hazards; calls on the Commission to introduce an obligation for online platforms to inform consumers once a product they have bought has been removed from the platform following notification on its non- compliance with the EU product safety and consumer protection rules;
Amendment 430 #
Motion for a resolution
Paragraph 26 e (new)
Paragraph 26 e (new)
26 e. Notes the rise of “smart contracts” based on distributed ledger technologies; asks the Commission to analyse if certain aspects of “smart contracts” should be clarified and if guidance should be given in order to ensure legal certainty for businesses and consumers; asks especially for the Commission to work to ensure that such contracts with consumers are valid and binding throughout the Union, that they meet the standards of consumer law, for example the right of withdrawal under Directive 2011/83/EU, and that they are not subject to national barriers to application, such as notarisation requirements;
Amendment 431 #
Motion for a resolution
Paragraph 26 f (new)
Paragraph 26 f (new)
26 f. Asks the Commission, while recalling earlier efforts, to further review the practice of End User Licensing Agreements (EULAs) and Terms and Conditions Agreements (T&Cs) and to seek ways to allow greater and easier engagement for consumers, including in the choice of clauses; notes that EULAs and T&Cs are often accepted by users without reading them; notes, moreover, that when a EULA and T&Cs does allow for users to opt-out of clauses, service providers may require users to do so at each use, often in bad faith, to encourage acceptance;
Amendment 435 #
Motion for a resolution
Paragraph 27
Paragraph 27
27. Notes that, today, some markets are characterised by large platforms with significant network effects which are able to act as de facto “online gatekeepers” of the digital economy; stresses the need to continue the regulatory debate on mechanisms to preserve the level playing field and integrity of the internal market in order to tackle the distortion of competition and the limitation of consumer choice that could be caused by the potential abuse of dominant position of a small number of online platforms;
Amendment 467 #
Motion for a resolution
Paragraph 29
Paragraph 29
29. BWelievcomes that, in view of the cross- border nae Commission intention to introduce as part of the future of dDigital sServices, effective supervision and cooperation between Member States is key to ensur Act, targeted ex ante regulation to tackle systemic issues specific to digital markets as well as a tool to prevent market tipping; stresses the intrinsic complementarity between internal market regulation and competition policy, as emphasised ing the proper enforcement ofreport by the Commission's special advisers entitled Competition Policy for the Digital Services ActEra';
Amendment 474 #
Motion for a resolution
Paragraph 30
Paragraph 30
Amendment 478 #
Motion for a resolution
Paragraph 30
Paragraph 30
30. Considers that a central regulatory authority should be established which should be responsible for the oversight and compliance with the Digital Services Act and have supplementary powers to tackle cross-border issues; it should be entrusted with investigation and enforcement powAsks the Member States to strengthen national regulatory authorities with the financial means and staff to allow for full oversight of online intermediaries established within their territories; believes that the Commission, through the Joint Research Centre, should be empowered to provide expert assistance to the Member States, upon request, towards the analysis of technological, administrative, or other matters in relation to the Digital Single Market legislative enforcement; encourages the Member States to pool and share best practices between national regulators, and to grant regulators legal authority to communicate between themselves in a secure manners;
Amendment 489 #
Motion for a resolution
Paragraph 31
Paragraph 31
31. Takes the view that the central regulatory authority should prioritiseCalls for a better cooperation between Member States to address complex cross-border issues by working in close cooperation with anational regulators and supervisors as well as with existing network of independent National Enforcement Bodies (NEBs) or the European Consumer Centres Network;
Amendment 497 #
Motion for a resolution
Paragraph 32
Paragraph 32
32. Calls on the Commission to strengthen and modernise the current provisions on out-of-court settlement and court actions to allow for an effective enforcement and consumer redressconsumer redress; underlines that such measures should seek to support consumers that do not have the financial or legal means to use the court system and should not weaken the legal protections of small businesses and traders that national legal systems provide;
Amendment 502 #
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Calls on national regulators and the Commission to provide further advice and assistance to EUSMEs about their rights;
Amendment 518 #
Motion for a resolution
Annex I – part I – paragraph 4
Annex I – part I – paragraph 4
The Digital Services Act should respect the broad framework of fundamental European rights of users and consumers, such as the protection of privacy, non-discrimination, dignity, fairness, intellectual property rights and free speech;
Amendment 528 #
Motion for a resolution
Annex I – part I – paragraph 6 – indent 1 – subi. 1
Annex I – part I – paragraph 6 – indent 1 – subi. 1
- a revised framework with clear due diligence obligations, including on transparency and information obligations;
Amendment 530 #
Motion for a resolution
Annex I – part I – paragraph 6 – indent 1 – subi. 2
Annex I – part I – paragraph 6 – indent 1 – subi. 2
- clear and detailed procedures and measures related to theto effectively tackle and removal ofe illegal content online, including by a harmonised legally-binding European notice-and action mechanism complemented with a stay-down obligation;
Amendment 541 #
Motion for a resolution
Annex I – part I – paragraph 6 – indent 1 – subi. 3
Annex I – part I – paragraph 6 – indent 1 – subi. 3
- effective supervision, cooperation and deterrent sanctions;
Amendment 552 #
Motion for a resolution
Annex I – part II – paragraph 1 a (new)
Annex I – part II – paragraph 1 a (new)
Digital services which are closed in nature and offered in a purely business to business relationship should not be subject to the same requirements as services which are targeted at the general public or at consumers;
Amendment 556 #
Motion for a resolution
Annex I – part II – paragraph 2
Annex I – part II – paragraph 2
The territorial scope of the future Digital Services Act should be extended to cover also the activities of companies and service providers established in third countries, when they offertarget or direct services or goods to consumers or users in the Union;
Amendment 561 #
Motion for a resolution
Annex I – part II – paragraph 4
Annex I – part II – paragraph 4
The Digital Services Act should maintain the possibility for Member States to setseek to further harmonise consumer protection across the Union, in alignment with Directive (EU) 2019/770 and Directive (EU) 2019/771 and to maintain a higher level of consumer protection and pursue legitimate public interest objectives in accordance with EU law;
Amendment 574 #
Motion for a resolution
Annex I – part III – paragraph 1 – indent 1
Annex I – part III – paragraph 1 – indent 1
- clarify to what extent “new digital services”, such as social media networks, collaborative economy services, search engines, wifi hotspots, online advertising, cloud services, content delivery networks, and domain name services fall within the scope of the Digital Services Act;
Amendment 577 #
Motion for a resolution
Annex I – part III – paragraph 1 – indent 2
Annex I – part III – paragraph 1 – indent 2
- clarify the nature of the content hosting intermediaries (text, images, video, or audio content) on the one hand, and commercial online marketplaces (selling physical and digital goods) on the other;
Amendment 578 #
Motion for a resolution
Annex I – part III – paragraph 1 – indent 2 a (new)
Annex I – part III – paragraph 1 – indent 2 a (new)
- clarify the distinction between passive and active hosts taking into account the jurisprudence of the Court of Justice and stipulate the conditions and criteria for hosting intermediaries to be considered active;
Amendment 588 #
Motion for a resolution
Annex I – part III – paragraph 1 – indent 4 a (new)
Annex I – part III – paragraph 1 – indent 4 a (new)
- refrain from seeking to define or act upon “harmful content”;
Amendment 598 #
Motion for a resolution
Annex I – part III – paragraph 1 – indent 5 a (new)
Annex I – part III – paragraph 1 – indent 5 a (new)
- seek to codify the decisions of the European Court of Justice, where needed, and while having due regard to the main different pieces of legislation which use these definitions;
Amendment 602 #
Motion for a resolution
Annex I – part IV – paragraph 1 – introductory part
Annex I – part IV – paragraph 1 – introductory part
The Digital Services Act should introduce clear due diligence obligations, including on transparency and information obligations; those obligations should not create any derogations or new exemptions to the current liability regime and the secondary liability set out under Articles 12, 13, and 14 of the E-Commerce Directive and should cover the aspects described below:
Amendment 616 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 2
Annex I – part IV – paragraph 1 – subparagraph 1 – indent 2
- that measure should apply only to business-to-business relationships and should be without prejudice to the rights of users under the GDPR, as well as the right to internet anonymity or being an unidentified user; the new general information requirements should review and further enhance Articles 5, 6 and 10 of the E-Commerce Directive in order to align those measures with the information requirements established in recently adopted legislation, in particular the Unfair Contract Terms Directive5 , the Consumer Rights Directive and the Platform to Business Regulation. __________________ 5 Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, most recently amended by Directive (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 (OJ L 328, 18.12.2019, p. 7).
Amendment 633 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 4
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 4
- to ensure that the contract terms and general conditions comply with these and all information requirements established by Union lawUnion law, including any and all relevant information requirements, including those the Unfair Contract Terms Directive, the Consumer Rights Directive and the GDPR;
Amendment 637 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 5
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 5
- to specify clearly and unambiguously in their contract terms and general conditions the exactmain parameters of their AI systems and how they can affect the choice or behaviour of their usersdetermining ranking content, and the reasons and importance of those parameters as opposed to other parameters.
Amendment 639 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 5 a (new)
Annex I – part IV – paragraph 1 – subparagraph 2 – indent 5 a (new)
- start all Terms and Conditions agreements and all End-User Licensing Agreements with a summary statement based on a framework and document template, to be created by the Commission.
Amendment 650 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 3 – indent 3 a (new)
Annex I – part IV – paragraph 1 – subheading 3 – indent 3 a (new)
- The transparency requirements should include an obligation for online platforms to inform consumers once a product they have bought has been removed from their platform following notification on its non-compliance with the EU product safety and consumer protection rules;
Amendment 654 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 3 – indent 3 a (new)
Annex I – part IV – paragraph 1 – subheading 3 – indent 3 a (new)
3a. Proactive complementary measures to information and transparency obligations, such as implementing ‘due diligence’ plans. Active hosts must set up and implement due diligence plan, the practical modalities of which could be established by respective national competent authorities and regulators. The plan could be based on the following principles: identifying the risks, preventing infringements through application of effective, proportionate and specific ex- ante measures, remedying the negative consequences and reporting on remedies.
Amendment 672 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 a (new)
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 a (new)
- be on a case by case basis and not require a blanket investigation of all AI systems
Amendment 674 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 b (new)
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 b (new)
- allow authorities to check algorithms when they have justified reasons to believe that it has algorithmic bias,
Amendment 676 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 c (new)
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 c (new)
- be subject to clear confidentiality and protection of trade secret rules;
Amendment 678 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 d (new)
Annex I – part IV – paragraph 1 – subheading 4 – indent 3 d (new)
- ensure that consumers are protected by the right to be informed and the right to an explanation of AI services, in addition to the right to switch off or limit an AI system using personalization where possible;
Amendment 685 #
Motion for a resolution
Annex I – part IV – paragraph 1 – subparagraph 4
Annex I – part IV – paragraph 1 – subparagraph 4
The compliance of the due diligence provisions should be reinforced with effective, proportionate and dissuasive penalties, including the imposition of deterrent fines.
Amendment 704 #
Motion for a resolution
Annex I – part V – paragraph 1 – indent 3
Annex I – part V – paragraph 1 – indent 3
- preserve the underlying legal principle that passive online intermediaries should not be held directly liable for the acts of their users and that online intermediaries can continue moderating legal content under fair and transparent terms and conditions of service, provided that they are applicable in a non- discriminatory manner;
Amendment 710 #
Motion for a resolution
Annex I – part V – paragraph 1 – indent 4
Annex I – part V – paragraph 1 – indent 4
- introduce new transparency and independent national oversight of the content moderation procedures and tools related to the removal of illegal content online; such systems and procedures should be available for auditing and testing by independentnational authorities. of the country of origin;
Amendment 736 #
Motion for a resolution
Annex I – part V – paragraph 2 – indent 7
Annex I – part V – paragraph 2 – indent 7
- require notices to be sufficiently precise and adequately substantiated so as to allow the service provider receiving them to take an informed and diligent decision as regards the effect to be given to the notice and specify the requirements necessary to ensure that notices are of a good quality, thereby enabling a swift removal of illegal content; such requirement should include the name and contact details of the notice provider, the link (URL) to the allegedly illegal content in question, the stated reason for the claim including an explanation of the reasons why the notice provider considers the content to be illegal, and if necessary, depending on the type of content, additional evidence for the claim;
Amendment 742 #
Motion for a resolution
Annex I – part V – paragraph 2 – indent 8
Annex I – part V – paragraph 2 – indent 8
- allow for the submission of anonymous complaintsnotice provider to provide their contact details, without this being required, but while recording the IP address or other equivalent of the provider in order to prevent abuse;
Amendment 747 #
Motion for a resolution
Annex I – part V – paragraph 2 – indent 9
Annex I – part V – paragraph 2 – indent 9
- consider, when a complaint is not anonymous, a declaration of good faith that the information provided is accurate;
Amendment 759 #
Motion for a resolution
Annex I – part V – paragraph 2 b (new)
Annex I – part V – paragraph 2 b (new)
The Digital Service Act notice-and-action mechanism should be binding only for illegal content. This, however, should not prevent online intermediaries being able to adopt a similar notice-and-action mechanism for other content.
Amendment 761 #
Motion for a resolution
Annex I – part V – subheading 1 – indent 12 a (new)
Annex I – part V – subheading 1 – indent 12 a (new)
- create an obligation for the online intermediaries to take appropriate, effective and proportionate measures to ensure that identified illegal content which was rightfully taken down following a notice stays down.
Amendment 771 #
Motion for a resolution
Annex I – part V – subheading 2 – indent 4 a (new)
Annex I – part V – subheading 2 – indent 4 a (new)
- an out-of-court dispute settlement mechanism should meet certain standards, notably in terms of procedural fairness, a presumption of innocence or lack of malicious intent by the content provider and that abuse is avoided.
Amendment 778 #
Motion for a resolution
Annex I – part V – paragraph 3 – introductory part
Annex I – part V – paragraph 3 – introductory part
The notice-and-action mechanisms should be transparent and available to any interested party; to that end, online intermediaries should be obliged to publish annual reports with information on:
Amendment 788 #
Motion for a resolution
Annex I – part V – paragraph 3 a (new)
Annex I – part V – paragraph 3 a (new)
They should be required to update this report on an annual basis where there is a significant change from one year to the next or where a provider is a "systemic platform".
Amendment 789 #
Motion for a resolution
Annex I – part V – paragraph 3 b (new)
Annex I – part V – paragraph 3 b (new)
The obligation to publish and the required detail of this report should take into account the size or the scale on which online intermediaries operate and whether they have only limited resources and expertise and if there is a need for effective and appropriate safeguards accompanying such mechanisms.
Amendment 798 #
Motion for a resolution
Annex I – part V – paragraph 5
Annex I – part V – paragraph 5
The Digital Services Act should address the lack of legal certainty regarding the concept of active vs passive hosts. The revised measures should clarify ifthat interventions by hosting providers having editorial functions and a certain “degree of control over the data,” through tagging, organising, promoting, optimising, presenting or otherwise curating specific content for profit-making purposes and which amounts to adoption of the third- party content as one’s own (as judged by average users or consumers) should lead to a loss of safe harbour provisions due to their active nature.
Amendment 799 #
Motion for a resolution
Annex I – part V – paragraph 5 a (new)
Annex I – part V – paragraph 5 a (new)
The Digital Service Act should maintain its protections of non-active providers and other backend and infrastructure services which are not party to the contractual relations between online intermediaries and its business or private customers. Such backend services should not be held liable for actions which they did not have an active overarching decision making role and which merely implement decisions by the online intermediaries or its customers.
Amendment 835 #
Motion for a resolution
Annex I – part VI – paragraph 2 – indent 7 a (new)
Annex I – part VI – paragraph 2 – indent 7 a (new)
- explore the option that suppliers which are established in a third country have to designate a legal representative, established in the Union, who can be held accountable for the selling of products to European consumers which do not comply with Union rules of safety;
Amendment 852 #
Motion for a resolution
Annex I – part VII – paragraph 1 a (new)
Annex I – part VII – paragraph 1 a (new)
The Digital Services Act should do so in a separate instrument than the revision of the E-Commerce Directive.
Amendment 867 #
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 2 a (new)
Annex I – part VII – paragraph 2 – indent 2 a (new)
- empower the Commission to impose further conditions and decisions in relation to the rules of competition, including on self-preferencing and overall vertical integration, while ensuring that both policy tools are completely independent;
Amendment 868 #
Motion for a resolution
Annex I – part VII – paragraph 2 – indent 2 b (new)
Annex I – part VII – paragraph 2 – indent 2 b (new)
- reserve to the Commission the power to decide if an information society service provider is a “systemic platform” based on the conditions of the mechanism;
Amendment 891 #
Motion for a resolution
Annex I – part VIII – paragraph 1
Annex I – part VIII – paragraph 1
The Digital Services Act should strengthen the internal market clause as the cornerstone of the Digital Single Market by complementing it with a new cooperation mechanism aimed at improving the cooperation and upon request and voluntary mutual assistance between Member States, in particular between the home country where the service provider is established and the host country where the provider is offering its services.
Amendment 895 #
Motion for a resolution
Annex I – part VIII – paragraph 2
Annex I – part VIII – paragraph 2
Amendment 896 #
Motion for a resolution
Annex I – part VIII – paragraph 2
Annex I – part VIII – paragraph 2
The supervision and enforcement the Digital Services Act should be improved by the creation of central regulatory authority who should be responsiblegiving additional powers to the national regulator of the country of origin for overseeing compliance with the DSA and improve external monitoring, verification of platform activities, and better enforcement.
Amendment 899 #
Motion for a resolution
Annex I – part VIII – paragraph 3
Annex I – part VIII – paragraph 3
The central regulatory authority should prioritise cooperation between the Member Statesooperation between the Member States should be encouraged and strengthened to address complex cross- border issues; to that end, ithe Member States and the Commission should work together with the network of independent NEBs, national regulatory and supervisory authorities as well as with existing network such as the European Consumers Centres Network and have detailed and extensive enforcement powers to launch initiatives and investigations into cross-border systemic issues.
Amendment 902 #
Motion for a resolution
Annex I – part VIII – paragraph 3
Annex I – part VIII – paragraph 3
Amendment 906 #
Motion for a resolution
Annex I – part VIII – paragraph 4
Annex I – part VIII – paragraph 4
The central regulator should coordinateCommission, through the Joint Research Centre, should offer their expertise and analysis upon request, including aid during investigations, to the work of the different authorities dealing with illegal content online, enforce compliance, fines, and be able to carry out auditing of intermediaries and platforms.
Amendment 907 #
Motion for a resolution
Annex I – part VIII – paragraph 4
Annex I – part VIII – paragraph 4
The central regulatorCommission should coordinate the work of the different authorities dealing with illegal content online, enforce compliance, fines, and be able to carry out auditing of intermediaries and platforms. The Commission should be provided with the adequate means to do so.
Amendment 916 #
Motion for a resolution
Annex I – part VIII – paragraph 5
Annex I – part VIII – paragraph 5
The central regulator should report to the Union institutions anCommission could maintain a ‘Platform Scoreboard’ with relevant information on the performance of online platforms.
Amendment 918 #
Motion for a resolution
Annex I – part VIII – paragraph 5
Annex I – part VIII – paragraph 5
The central regulator should report to the Union institutions anCommission should maintain a ‘Platform Scoreboard’ with relevant information on the performance of online platforms.