11 Amendments of Lambert van NISTELROOIJ related to 2018/0112(COD)
Amendment 258 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) ‘provider of online intermediation services, online search engine services and of operating systems’ means any natural or legal person which provides, or which offers to provide, online intermediation services to business users, and reaches more than 5 million unique visitors a month;
Amendment 474 #
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. Unfair Trading Practices 1. The provider of an online intermediation service, an operating system or an online search engine service, shall not engage in unfair commercial practices. 2. A practice shall constitute an unfair commercial practice if the practice leads to situations where there is a materially detrimental impact on competition and consumer choice. 3. In assessing whether a trading practice is unfair, account shall be taken of the following factors: (a) the market position of the online intermediary and the business user; and (b) whether there is a significant imbalance in the parties’ negotiating abilities which results in the online intermediary imposing an unreasonable burden on the business user in its terms and conditions or its commercial practices. 4. The Annex contains a list of those commercial practices which shall in all circumstances be regarded as unfair. The same single list shall apply in all Member States. 5. Article 6.4 does not apply where providers of an online intermediation service, operating system or a search engine service, are required by law to undertake such practices. 6. The same single list shall be reviewed by the Platform Observatory who shall provide recommendations to the European Commission on further commercial practices which are unfair under this Article. 7. The European Commission shall, by [set date], after consulting stakeholders, issue a non-binding Guidance on unfair commercial practices.
Amendment 487 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Providers of online intermediation services shall include in their terms and conditions a description of the technical and contractual access, or absence thereof,ccess of business users to any personal data orand other data, or bothincluding in aggregated form, which business users or consumers provide for the use of the online intermediation services concerned or which are generated through the provision of those services and any data.
Amendment 489 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. Providers of online intermediation services shall provide access to business users to any personal data and other data, including in aggregated form, which business users provide for the use of the online intermediation services concerned.
Amendment 490 #
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. Through the description referred to in paragraph 1, pProviders of online intermediation services shall adequately inform business users at least at least of the following:
Amendment 496 #
(a) whetherto which personal and or other data the provider of online intermediation services has access to personal data or other data, or both, which business users or consumers provide for the use of those services, or which are generated through the provision of those services, and if so, to whiany of such categories of such data and under what conditions;
Amendment 508 #
Proposal for a regulation
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) whether a business user has access to personal data or other data, or both, provided by that business user in connection to his or her use of the online intermediation services concerned or generated through the provision of those services to that business user and the consumers of his or her goods or services, and if so, to which categories of such data and under what conditions;
Amendment 515 #
Proposal for a regulation
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) whether, in addition to point (b), a business user has access to personal data or other data, or both, including in aggregated form, provided by or generated through the provision of the online intermediation services to all of the business users and consumers thereof, and if so, to which categories of such data and under what conditions.
Amendment 531 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Where, in the provision of their services, pProviders of online intermediation services shall not restrict the ability of business users to offer the same goods and services to consumers under different conditions through other means than through those services, they shall include grounds for that restriction different conditions to consumers for obtaining their terms and conditions and make those grounds easily available to the public. Those ground goods and services at issue through other means sthall include the main economic, commercial or legal considerations for those restrictionn the abovementioned intermediation services.
Amendment 545 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The obligation set out in paragraph 1 shall not affect any prohibitions or limitations in respect of the imposition of such restrictions that result from the application of other Union rules or from national rules that are in accordance with Union law and to which the providers of the online intermediation services are subjecterms and conditions, or specific provisions therein, where relevant, which would restrict the ability to offer different conditions shall be null and void to the extent that these do not comply with the provisions of paragraph 1.
Amendment 727 #
Proposal for a regulation
Annex (new)
Annex (new)