9 Amendments of Clara PONSATÍ OBIOLS related to 2020/2018(INL)
Amendment 25 #
Motion for a resolution
Recital B
Recital B
B. whereas the Directive 2000/31/EC of the European Parliament and of the Council2 (“the E-Commerce Directive”) has been one of the most successful pieces of Union legislation and has shaped the Digital Single Market as we know it today; whereas the E-Commerce Directive was adopted 20 years ago and no longer adequately reflects the rapid transformation and expansion of e-commerce in all its forms, with its multitude of different emerging services, providers, forms of labour, and challenges; __________________ 2 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1).
Amendment 32 #
Motion for a resolution
Recital C
Recital C
C. whereas, despite the clarifications made by the European Court of Justice, the need to go beyond the existing regulatory framework is clearly demonstrated by the fragmented approach of Member States to tackling illegal content online, by the lack of enforcement and cooperation between Member State, and by the inability of the existing legal framework to promote effective market entry and consumer welfare; and prevent illegitimate interference with the right of freedom of expression;
Amendment 92 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that the main principles of the E-Commerce Directive, such as the internal market clause, freedom of establishment and the prohibition on imposing a general monitoring obligation should be maintained; underlines that the principle of “what is illegal offline is also illegal online”, as well as the principles of protection of fundamental rights, consumer protection and user safety, should also become guiding principles of the future regulatory framework;
Amendment 115 #
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, especially of platform or collaborative economy workers, regardless of whether they are formally employed, should be properly addressed in a specific instrument, accompanying the future regulatory framework, which ensures protection against vulnerable working conditions and sets out enforceability mechanisms to ensure compliance by the platforms;
Amendment 255 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses that existing obligations, set out in the E-Commerce Directive and the Directive 2005/29/EC of the European Parliament and of the Council (‘Unfair Commercial Practices Directiveʼ)3 on transparency of commercial communications and digital advertising should be strengthened; points out that pressing consumer protection concerns about profiling, targeting and personalised pricing cannot be addressed by transparency obligations and left to consumer choice alone; further notes that there are pressing consumer protection concerns regarding online gambling services which are not being adequately addressed by all Member States and might require a more aligned approach at Union level; __________________ 3 Directive 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 (OJ L 149, 11.6.2005, p. 22).
Amendment 314 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Notes that there is no ‘one size fits all’ solution to all types of 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 the fight against illegal content more effectivein particular what protected interest the content might damage, will make the fight against illegal content more effective and more consistent with the right of freedom of expression;
Amendment 336 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Considers that voluntary actions and self-regulation by online platforms across Europe have brought some benefits, but additional measures are needed in order to ensure the swift detection and removal of illegal content online and that removal of content does not affect the fundamental rights and the legitimate interests of users and consumers;
Amendment 349 #
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, which ensures sufficient safeguards against abusive restrictive measures, including effective control by a court or other independent adjudicatory body and 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; considers that such mechanism should also govern any content supervision by any authority in order to ensure protection against illegitimate interference with the right to freedom of expression;
Amendment 491 #
Motion for a resolution
Paragraph 31
Paragraph 31
31. Takes the view that the central regulatory authority should prioritise cooperation between Member States to address complex cross-border issues by working in close cooperation with a network of independent National and Regional Enforcement Bodies (NEBs);