BETA

18 Amendments of Kateřina KONEČNÁ related to 2022/0147(COD)

Kateřina KONEČNÁ

Proposal for a directive
Recital 3

(3) Within the framework of the internal market, in order to safeguard freedom of choice, a high degree of consumer protection in the area of financial services contracts concluded at a distance and off-premises is required in order to enhance consumer confidence in distance selling and off-premises sales.

2023/01/18
Committee: IMCO

Kateřina KONEČNÁ

Proposal for a directive
Recital 4

(4) Ensuring ~~the same~~a high level of consumer protection across the internal market is best achieved through ~~full~~minimum harmonisation. ~~Full~~Minimum harmonisation ~~is necessary in order to~~ ensures that all consumers in the Union enjoy a high ~~and equivalent~~ level of protection of their interests and to creates a well-functioning internal market~~. Member States should therefore not be allowed to~~, while at the same time Member States can maintain or introduce national provisions other than those laid down in this Directive, with respect to aspects covered by the Directive, unless otherwise provided in this Directive. ~~Where no such harmonised provisions exist, Member States should remain free to maintain or introduce national legislation.~~

2023/01/18
Committee: IMCO

Kateřina KONEČNÁ

Proposal for a directive
Recital 12

(12) Since distance financial services contracts are most commonly concluded by electronic means, rules on ensuring online fairness when financial services are contracted at a distance should contribute to the achievement of the goals laid down in Article 114 TFEU and Article 38 of the Charter of the Fundamental Rights of the EU. The rule on adequate explanations should ensure added transparency and provide the consumer with the possibility to request human intervention when he or she interacts with the trader through online interfaces, such as a chatbox or similar tools. The trader should be prohibited to deploy measures in his or her online interface that could d~~istort~~eceive, distort, manipulate or impair the consumers’ ability to make a free, autonomous and informed decision or choice.

2023/01/18
Committee: IMCO

Kateřina KONEČNÁ

Proposal for a directive
Recital 17

(17) The use of means of distance communications should not lead to an unwarranted restriction on the information provided to the consumer. In the interests of transparency, requirements should be laid down with regard to when the information should be provided to the consumer prior to the conclusion of the distance contract and how that information should reach the consumer. In order to be able to make their decisions in full knowledge of the facts, consumers should receive the information not at the same time and at least one day prior to the conclusion of the distance contract, ensuring that the consumer has sufficient time to read and understand the pre- contractual information, compare offers and to make an informed decision. Only in exceptional cases can the information be provided less than a day before the conclusion of the distance contract for financial service. In case the contract is concluded less than one day before, the trader, within the established timeframe, should be obliged to remind the consumer about the possibility to withdraw from the distance contract for financial service.

2023/01/18
Committee: IMCO

Kateřina KONEČNÁ

Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)

(-1) Article 2 is amended as follows: ‘Right to be forgotten’ means that persons who have survived relevant communicable and non-communicable diseases such as cancer do not have to declare their diagnosis as from 10 years after the end of their treatment, and as from five years after the end of treatment for patients whose diagnosis was made before the age of 18, and may no longer be treated differently to persons who have not had such a diagnosis when applying for and accessing financial services sold at a distance.

2023/01/18
Committee: IMCO

Kateřina KONEČNÁ

Proposal for a directive
Article 1 – paragraph 1 – point -1 a (new)

(-1 a) Article 2 is amended as follows: An "influencer" means a natural person or virtual entity who has a greater than average reach in a relevant online intermediary and promotes a given product or service against remuneration or any other retribution in kind.

2023/01/18
Committee: IMCO

Kateřina KONEČNÁ

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a

Directive 2011/83/EU
Article 3 – paragraph 1b – subparagraph 1

‘Articles 1 and 2, Article 3(2), (5) and (6), Article 4, Articles 16a to 16e, Article 19, Articles 21 to 23, Article 24(1), (2), (3) and (4) and Articles 25 ~~and~~to 267 shall apply to distance contracts and off-premises contracts concluded between a trader and a consumer for the supply of financial services.

2023/01/18
Committee: IMCO

Kateřina KONEČNÁ

Proposal for a directive
Article 1 – paragraph 1 – point 2

(g a) where relevant, information on the consequences of non-compliance with the commitments linked to the financial service such as late or missed payments;

2023/01/18
Committee: IMCO

Kateřina KONEČNÁ

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 2011/83/EU
Article 16a – paragraph 2 – subparagraph 1

In the case of telephone communications, the identity of the trader and the commercial purpose of the call initiated by the trader shall be made explicitly clear at the beginning of any conversation with the consumer.deleted

2023/01/18
Committee: IMCO

Kateřina KONEČNÁ

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 2011/83/EU
Article 16a – paragraph 2 – subparagraph 2

Where the consumer explicitly agrees to continue the telephone communications, by way of derogation from paragraph 1, only the information referred to in points (a), (f), (g), and (p) of that paragraph needs to be provided.deleted

2023/01/18
Committee: IMCO

Kateřina KONEČNÁ

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 2011/83/EU
Article 16a – paragraph 2 – subparagraph 3

The trader shall inform the consumer of the nature and the availability of the other information referred to in paragraph 1 and shall provide that information when fulfilling obligations under paragraph 3.deleted

2023/01/18
Committee: IMCO

Kateřina KONEČNÁ

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 2011/83/EU
Article 16a – paragraph 2 – subparagraph 3a (new)

Member States shall prohibit any offer or sale of financial services to consumers, without their prior request and explicit agreement. If a distance contract to be concluded by electronic means places the consumer under an obligation to pay, the trader shall make the consumer aware in a clear and prominent manner, and directly before the consumer places his order, of the information provided for in points (a), (f), (g), (ga), (i), (l), (m) and (q) of Article 16a(1).

2023/01/18
Committee: IMCO

Kateřina KONEČNÁ

Proposal for a directive
Article 1 – paragraph 1 – point 2 Directive 2011/83/EU

At any time during the contractual relationship the consumer is entitled, at his request, to receive the contractual terms and conditions on a durable medium. In addition, the consumer is entitled to change the means of distance communication used, unless this is incompatible with the contract concluded or the nature of the financial service provided.

2023/01/18
Committee: IMCO

Kateřina KONEČNÁ

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 2011/83/EU
Article 16e

Without prejudice to Directive 2005/29/EC of the European Parliament and of the Council24 and Council Directive 93/13/EEC25 , Member States shall adopt measures requiring that traders, when concluding financial services contracts at a distance, do not use the structure, design, function or manner of operation of their online interface in a way that could d~~istort~~ eceive, distort, manipulate or impair consumers’ ability to make a free, autonomous and informed decision or choice. _________________ 24 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 (‘Unfair Commercial Practices Directive’) (OJ L 149, 11.6.2005, p. 22). 25 Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29).

2023/01/18
Committee: IMCO

Kateřina KONEČNÁ

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 2011/83/EU
Article 16e a (new)

The following Article is inserted: Article 16e a Advertising 1. Member States shall require that advertising concerning financial services contracts concluded at a distance include standard information in any advertising of the distance contract. The standard information shall be easily legible or clearly audible, as appropriate, and adapted to the technical constraints of the medium used for advertising and shall specify in a clear, concise and prominent way, all of the following elements: (a) the main characteristics of the financial service; (b) a representative example of the total price to be paid by the consumer to the supplier for the financial service, including all related fees, charges and expenses; (c) if other costs exist (e.g. late payment fees), a representative example of their amount and the conditions under which they can fall due; d) if applicable, a general warning about any other possible consequences of non- compliance with the commitments linked to the financial service; (e) where relevant, notice indicating that the financial service is related to instruments involving special risks related to their specific features or the operations to be executed or whose price depends on fluctuations in the financial markets outside the supplier's control and that historical performances are no indicators for future performances; 2. Information listed in points (b), (c) and (e) of the first subparagraph shall be displayed prominently and in a bigger format than all other information. 3. Member States shall prohibit advertising which suggests that the financial service offered will lead to an improvement of the consumer’s financial situation, to success or to social achievement or falsely suggests that the financial service offered leads to an increase in financial resources, constitutes a substitute for savings or can raise a consumer's living standard. 4. Member States shall prohibit the promotion of financial services and digital assets involving risks of loss for the consumer through influencers as defined in the present Directive. Providers of online platforms shall suspend, for a reasonable period of time and after having issued a prior warning, influencers not complying with this paragraph.

2023/01/18
Committee: IMCO

Kateřina KONEČNÁ

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 2011/83/EU
Article 16e c (new)

The following Article is inserted: Article 16e c Comparison websites 1. Member States shall ensure that only those comparison websites and robo- advisors that can demonstrate that they have the following characteristics can identify themselves publicly as comparison websites: (a) operate independently from financial service providers; (b) give non-preferential treatment to those listed in their search results; (c) clearly disclose their owners; (d) use clear, objective criteria on which the comparison will be based; (e) use plain and unambiguous language and, as a minimum, list the key information about the characteristics of the product as listed under Article 16a of this Directive; (f) provide accurate and up-to-date information and state the time of the last update; (g) include a broad range of financial services product offers covering a significant part of the market; and (h) provide an effective procedure to report incorrect information on published costs and fees. 2. Any online comparison tools or robo- advisors that do not meet the criteria under paragraph 1 need to identify themselves clearly and publicly as financial product brokers or sellers instead of comparison websites or robo- advisors.

2023/01/18
Committee: IMCO

Kateřina KONEČNÁ

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 2011/83/EU
Article 16e d (new)

The following Article is inserted Article 16e d Profiling and automated processing of personal data Personal data revealing data referred to in Article 9(1) of Regulation (EU) 2016/6791a and data collected from social networks shall not be processed or used for financial services contracts concluded at a distance. _________________ 1a Regulation (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)

2023/01/18
Committee: IMCO

Kateřina KONEČNÁ

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 2011/83/EU
Article 16e e (new)

The following Article is inserted: Article 16e e Right to be forgotten Member States shall ensure that the right to be forgotten is complied with and that persons cured of relevant communicable and non-communicable diseases have equal access to financial services sold at a distance.

2023/01/18
Committee: IMCO