26 Amendments of Salvatore DE MEO related to 2020/0374(COD)
Amendment 161 #
Proposal for a regulation
Recital 13
Recital 13
(13) In particular, online intermediation services, online search engines, operating systems (which include digital voice assistants and connected TVs), online social networking, video sharing platform services, number- independent interpersonal communication services, cloud computing services, web browsers and online advertising services all have the capacity to affect a large number of end users and businesses alike, which entails a risk of unfair business practices. They therefore should be included in the definition of core platform services and fall into the scope of this Regulation. Online intermediation services may also be active in the field of financial services, and they may intermediate or be used to provide such services as listed non-exhaustively in Annex II to Directive (EU) 2015/1535 of the European Parliament and of the Council32 . In certain circumstances, the notion of end users should encompass users that are traditionally considered business users, but in a given situation do not use the core platform services to provide goods or services to other end users, such as for example businesses relying on cloud computing services for their own purposes. _________________ 32Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services, OJ L 241, 17.9.2015, p. 1.
Amendment 246 #
Proposal for a regulation
Recital 42
Recital 42
(42) The conditions under which gatekeepers provide online advertising services to business users including both advertisers and publishers are often non- transparent and opaque. This opacity is partly linked to the practices of a few platforms, but is also due to the sheer complexity of modern day programmatic advertising. The sector is considered to have become more non-transparent after the introduction of new privacy legislation, and is expected to become even more opaque with the announced removal of third-party cookiesunilateral decision making by industry actors that are not representative of the entire advertising value chain. This often leads to a lack of information and knowledge for advertisers and publishers about the conditions of the advertising services they purchased and undermines their ability to switch to alternative providers of online advertising services. Furthermore, the costs of online advertising are likely to be higher than they would be in a fairer, more transparent and contestable platform environment. These higher costs are likely to be reflected in the prices that end users pay for many daily products and services relying on the use of online advertising. Transparency obligations should therefore require gatekeepers to provide advertisers and publishers to whom they supply online advertising services, when requested and to the extent possiblith free of charge, effective, high-quality, continuous and real-time, with information that allows both sides to understand the price paid for each of the different advertising services provided as part of the relevant advertising value chain and the availability and visibility of advertisement.
Amendment 361 #
Proposal for a regulation
Article 3 – paragraph 4 – introductory part
Article 3 – paragraph 4 – introductory part
4. The Commission shall, without undue delay and at the latest 60 days after receiving the complete information referred to in paragraph 3, designate the provider of core platform services that meets all the thresholds of paragraph 1 and 2 as a gatekeeper, unless that provider, with its notification, presents sufficiently substantiated arguments to demonstrate that, in the circumstances in which the relevant core platform service operates, and taking into account the elements listed in paragraph 6, the provider does not satisfy the requirements of paragraph 1.
Amendment 365 #
Proposal for a regulation
Article 3 – paragraph 4 – subparagraph 1
Article 3 – paragraph 4 – subparagraph 1
Amendment 413 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) refrain from combining personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper or with personal data from third-party services, and from signing in end users to other services of the gatekeeper in order to combine personal data, unless the end user has been presented with the specific choice and provided consent in the sense of Regulation (EU) 2016/679. ;.
Amendment 420 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point f a (new)
Article 2 – paragraph 1 – point 2 – point f a (new)
(f a) digital voice assistants
Amendment 421 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point f b (new)
Article 2 – paragraph 1 – point 2 – point f b (new)
(f b) web browser
Amendment 451 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘Operating system’ means a system software which controls the basic functions of theany hardware that is capable of being connected to the Internet or software andthat enables software applications to run on it, including for static and mobile devices, televisions or wearables;
Amendment 455 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10 a (new)
Article 2 – paragraph 1 – point 10 a (new)
(10 a) ‘Digital voice assistant’ means a software application that provides capabilities for oral dialogue with a user in natural language and which intermediates between end users and business users offering voice-based apps;
Amendment 458 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10 b (new)
Article 2 – paragraph 1 – point 10 b (new)
(10 b) ‘web browser’ means a software application used by users to access and interact with World Wide Web content hosted on servers which are connected to networks such as the internet;
Amendment 467 #
Proposal for a regulation
Article 2 – paragraph 1 – point 14
Article 2 – paragraph 1 – point 14
(14) ‘Ancillary service’ means services provided in the context of or together with core platform services, including payment services as defined in point 3 of Article 4 and technical services which support the provision of payment services as defined in Article 3(j) of Directive (EU) 2015/2366, fulfilment, parcel delivery as defined in Article 2 paragraph 2 of Regulation (EU) 2018/644, freight transport, identification or advertising services;
Amendment 474 #
Proposal for a regulation
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
(18) ‘Ranking’ means the relative prominence given to goods or services offered or provided through online intermediation services, video-sharing platform services, operating system, web browser or online social networking services, or the relevance given to search results by online search engines, as presented, organised or communicated by the providers of online intermediation services, video-sharing platform services, operating system, web browser or of online social networking services or by providers of online search engines, respectively, whatever the technological means used for such presentation, organisation or communication;
Amendment 521 #
Proposal for a regulation
Article 6 – paragraph 1 – point g a (new)
Article 6 – paragraph 1 – point g a (new)
(g a) establish and enable on a lasting basis, interoperability of each of the technical components used by the gatekeeper for the provision of advertising services with each of the technical components used by third party advertising service providers;the gatekeeper must ensure that the use of its technical components by a business user in combination with technical components of a third party advertising service provider is possible under the same conditions as applied by the gate- keeper in the provision of advertising services. This obligation includes: (i) but is not limited to, the seamless interconnection of ad servers, sell-side platforms, demand-side platforms, data management platforms and other technical components used in digital advertising by the gatekeeper and/or third advertising service providers through open, fully-functionaland latency-free interfaces; (ii) the duty to make licitly available targeting information including data processed under Regulation (EU) 2016/679;to this end, the gatekeeper procures that the end user has been presented with the specific information and/or choice and provided consent, if necessary, to the processing of data under the same terms applied and with the same effort made by the gatekeeper for its own purposes in digital advertising; (iii) the duty to make available to a business user which is not a gatekeeper pursuant to Article 3 for resale inventory for targeted advertising generated through the operation of acore platform service or a related service of the gatekeeper at fair and competitive wholesale prices, terms and conditions.
Amendment 534 #
Proposal for a regulation
Article 3 – paragraph 4 – introductory part
Article 3 – paragraph 4 – introductory part
4. The Commission shall, without undue delay and at the latest 60 days after receiving the complete information referred to in paragraph 3, designate the provider of core platform services that meets all the thresholds of paragraph 1 and 2 as a gatekeeper, unless that provider, with its notification, presents sufficiently substantiated arguments to demonstrate that, in the circumstances in which the relevant core platform service operates, and taking into account the elements listed in paragraph 6, the provider does not satisfy the requirements of paragraph 1.
Amendment 539 #
Proposal for a regulation
Article 3 – paragraph 4 – subparagraph 1
Article 3 – paragraph 4 – subparagraph 1
Amendment 593 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
In respect of each of its core platform and ancillary services identified pursuant respectively to Article 3(7), and Article 2(14) a gatekeeper shall:
Amendment 604 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) refrain from combining personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper or with personal data from third-party services, and from signing in end users to other services of the gatekeeper in order to combine personal data, unless the end user has been presented with the specific choice and provided consent in the sense of Regulation (EU) 2016/679. ;.
Amendment 645 #
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) refrain from requiring business users to use, offer or interoperate with an identification service of the gatekeeperr any other ancillary service of the gatekeeper itself or third parties belonging to the same undertaking; in the context of services offered by the business users using the core platform services of that gatekeeper;
Amendment 671 #
Proposal for a regulation
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
(g) provide individual advertisers and publishers to which it supplies advertising services, upon their request, with information concerning the price paid by the advertiser and publisher, as well as the amount or remuneration paid to the publisher,with free of charge, high-quality, effective, continuous and real-time access to information on the visibility and availability of advertisement portfolio as well as pricing conditions concerning the bids placed by advertisers and advertising intermediaries, the price paid by the advertiser and publisher, and the methodology for the calculation of advertising intermediation fees and surcharges for the publishing of a given ad and for each of the relevant advertising services provided by the gatekeeper.
Amendment 685 #
Proposal for a regulation
Article 5 – paragraph 1 – point g a (new)
Article 5 – paragraph 1 – point g a (new)
(g a) in addition to the obligations pursuant to Regulation (EU)2019/1150, ensure that the full chronology of the contracts concluded between the gatekeeper and a business user as well as any corresponding terms and conditions is easily available to that business user at all stages of the commercial relationship, including for at least five years following the end of the relationship.
Amendment 714 #
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) refrain from using, in competition with business usdirectly or through third parties belonging to the same undertaking, in competition with business users and ancillary service providers, any data not publicly available, which is generated through activities by those business users, including by the end users of these business users, of its core platform services or provided by those business users of its core platform services or by the end users of these business users;
Amendment 749 #
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) refrain from treating more favourably in ranking core platform and ancillary services and products offered by the gatekeeper itself or by any third party belonging to the same undertaking compared to similar services or products of third party and apply fair and non- discriminatory conditions to such ranking;
Amendment 757 #
Proposal for a regulation
Article 6 – paragraph 1 – point d a (new)
Article 6 – paragraph 1 – point d a (new)
(d a) refrain from treating more favourably in search results any sponsored or paid for online intermediation services as compared to organic, purely relevance-based online intermediation services;
Amendment 789 #
Proposal for a regulation
Article 6 – paragraph 1 – point g
Article 6 – paragraph 1 – point g
(g) provide advertisers and, publishers, upon and mandated independent their request andd parties, free of charge, with access to the performance measuring tools of the gatekeeper and the informationreliable and granular data necessary for advertisers and, publishers and third parties to carry out their own independent verification of the ad inventory;
Amendment 790 #
Proposal for a regulation
Article 6 – paragraph 1 – point g a (new)
Article 6 – paragraph 1 – point g a (new)
(g a) [In respect to each of its core platform services identified pursuantto Article 3(7), a gatekeeper shall] establish and enable on a lasting basis, interoperability of each of the technical components used by the Gatekeeper for the provision of advertising services with each of the technical components used by third party advertising service providers;the gatekeeper must ensure that the use of its technical components by a business user in combination with technical components of a third party advertising service provider is possible under the same conditions as applied by the gate-keeper in the provision of advertising services.This obligation includes: (i) but is not limited to, the seamless interconnection of ad servers, sell-side platforms, demand-side platforms, data management platforms and other technical components used in digital advertising by the gatekeeper and/or third advertising service providers through open, fully-functionaland latency-free interfaces; (ii) the duty to make licitly available targeting information including data processed under Regulation EU 2016/679;to this end, the gatekeeper procures that the end user has been presented with the specific information and/or choice and provided consent, if necessary, to the processing of data under the same terms applied and with the same effort made by the gatekeeper for its own purposes in digital advertising; (iii) the duty to make available to a business user which is not a gatekeeper pursuant to Article 3 for resale inventory for targeted advertising generated through the operation of acore platform service or a related service of the Gatekeeper at fair and competitive wholesale prices, terms and conditions ;
Amendment 932 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. A gatekeeper shall ensure that the obligations of Articles 5 and 6 are fully and effectively complied with. While the obligations of Articles 5 and 6 apply in respect of core and ancillary platform services designated, respectively pursuant to Article 3 and Article 2 (point 14), their implementation shall not be undermined by any behaviour of the undertaking to which the gatekeeper belogatekeeper itself or any third party belonging to the same undertakings, regardless of whether this behaviour is of a contractual, commercial, technical or any other nature.