Activities of Jean-Marie CAVADA related to 2018/0112(COD)
Legal basis opinions (0)
Amendments (29)
Amendment 69 #
Proposal for a regulation
Recital 13
Recital 13
(13) To ensure that the general terms and conditions of a contractual relationship enable business users to determine the commercial conditions for the use, termination and suspension of online intermediation services, and to achieve predictability regarding their business relationship, those terms and conditions should be drafted in clear and unambiguous language which is easily understood by an average business user. Terms and conditions should not be considered to have been drafted in clear and unambiguous language where they are vague, unspecific or lack detail on important commercial issues and thus fail to give business users a reasonable degree of predictability on the most important aspects of the contractual relationship such as the provision of objective grounds for suspending or terminating the provision of services for business users.
Amendment 72 #
Proposal for a regulation
Recital 14
Recital 14
(14) Ensuring transparency in the general terms and conditions can be essential to promoting sustainable business relationships and to preventing unfair behaviour to the detriment of business users. Providers of online intermediation services should therefore also ensure that the terms and conditions are easily available at all stages of the contractual relationship, including to prospective business users at the pre-contractual phase, and that any modifications to those terms areor to the functionality, interoperability and other main performance features of the online intermediation services are proactively notified to business users within a set notice period which is reasonable and proportionate in light of the specific circumstances and which is at least 1530 days. That notice period should not apply where, and to the extent that, it is waived in an unambiguous manner by the business user concerned or where, and to the extent that, the need to implement the modification without respecting the notice period stems from a legal obligation incumbent on the service provider under Union or national law or is necessary to protect the legitimate interests of users or the operation of the online intermediation service as such. In order to enable business users to enjoy the benefits of competition they should be entitled to terminate their agreement without payment of any fee within 30 days from the receipt of a notice of a modification which is materially to their detriment.
Amendment 92 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) It is equally important that online intermediation service providers do not engage in unfair commercial practices (including commercial behaviour or the inclusion of unfair contractual terms) which have a materially detrimental impact on competition or on choice for consumers. The relative bargaining strength of the online intermediary and the business user, along with any other relevant factors, should be considered in determining whether a commercial practice is unfair.
Amendment 119 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a
Article 2 – paragraph 1 – point 2 – point a
(a) they constitute information society services within the meaning of Article 1(1)(b) of Directive (EU) No 2015/1535 of the European Parliament and of the Council27 or they constitute device operating systems and in that capacity they act as intermediaries between online application developers and consumers; _________________ 27 Directive (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 130 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) 'online search engine' means a digital service that allows users to perform searches of, in principle, all websites or websites in a particular language on the basis of a query on any subject in the form of a keyword, phrase or other input (by text, voice or any other means), and returns links in which information related to the requested content can be found;
Amendment 131 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) 'online search engine' means a digital service that allows users to perform searches of, in principle, all websites or websites and mobile applications in a particular language on the basis of a query on any subject in the form of a keyword, phrase or other input, and returns links in which information related to the requested content can be found;
Amendment 133 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) 'online search engine' means a digital service that allows users to perform searches of, in principle, all websites or websites in a particular language on the basis of a query on any subject in the form of a keyword, phrase or other input, and returns linksuch results in which information related to the requested contentsearch can be found;
Amendment 134 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) 'online search engine' means a digital service that allows users to perform searches of, in principle, all various websites or websites in a particular language on the basis of a query on any subject in the form of a keyword, phrase or other input, and returns links in which information related to the requested content can be found;
Amendment 143 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10 a (new)
Article 2 – paragraph 1 – point 10 a (new)
(10a) ‘device operating system’ is software that allows smartphones, computers and other devices to run applications and programs.
Amendment 156 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1
Article 3 – paragraph 3 – subparagraph 1
Providers of online intermediation services shall notify to the business users concerned any envisaged modification of their terms and conditions or to the functionality, interoperability or other main performance features of the platform such as its accessibility, continuity and security.
Amendment 157 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1
Article 3 – paragraph 3 – subparagraph 1
Providers of online intermediation services shall notify to the business users concerned any envisaged material modification of their terms and conditions that adversely impact the business user.
Amendment 158 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1
Article 3 – paragraph 3 – subparagraph 1
Providers of online intermediation services shall notify in a durable medium to the business users concerned any envisaged modification of their terms and conditions.
Amendment 161 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2
Article 3 – paragraph 3 – subparagraph 2
The envisaged modifications shall not be implemented before the expiry of a notice period which is reasonable and proportionate to the nature and extent of the envisaged modifications and to their consequences for the business user concerned. That notice period shall be at least 15 days from the date on which the provider of online intermediation services notifies the business users concerned about the envisaged modifications. The business user shall be entitled to terminate their agreement free of any charges within 30 days from the receipt of the notice, where such modifications are materially detrimental to the business user.
Amendment 163 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2
Article 3 – paragraph 3 – subparagraph 2
The envisaged modifications shall not be implemented before the expiry of a notice period which is reasonable and proportionate to the nature and extent of the envisaged modifications and to their consequences for the business user concerned. That notice period shall be at least 1530 days from the date on which the provider of online intermediation services notifies the business users concerned about the envisaged modifications.
Amendment 165 #
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Modifications to terms and conditions implemented by a provider of online intermediation services contrary to the provisions of paragraph 3 shall be null and void without prejudice to the validity of the remaining provisions, which shall remain valid in so far as they can be separated from the non-compliant provisions.
Amendment 168 #
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
5. Paragraph 3 shall not apply (a) where a provider of online intermediation services is subject to a legal obligation which requires it to modify its terms and conditions in a manner which does not allow it to respect the notice period referred to in the second subparagraph of paragraph 3 or (b) if the terms and conditions have been modified in order to protect the legitimate interests of users or the operation of the online intermediation service as such or (c) if a modification to the functionality, interoperability or other main performance features of the platform is necessary to protect the legitimate interests of users or the operation of the online intermediation service as such.
Amendment 175 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where a provider of online intermediation services decides to suspend or, terminate or otherwise restrict, in whole or in part, the provision of its online intermediation services to a given business user, it shall provide the business user concerned, without undue delay, with a statement of reasons for that decision.
Amendment 181 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
Amendment 197 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Providers of online search engines shall set out for corporate website users the main parameters determining ranking, by providing an easily and publicly available description, drafted in clear and unambiguous language on the online search engines of those providers. They shall keep that description up to date. These parameters determining ranking shall not be applied in a discriminatory manner.
Amendment 225 #
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6a Unfair commercial practices 1. The provider of online intermediation services shall not engage in unfair commercial practices. 2. Directive 2005/29/EC shall apply mutatis mutandis. 3. Annex I provides a non-exhaustive lists of commercial practices which shall be regarded as unfair in the meaning of this Regulation. The Annex shall periodically be reviewed by the Commission’s expert group to the EU Observatory on the Online Platform Economy. The expert group may provide recommendations on further commercial practices, which should be considered as unfair within the meaning of this Regulation.
Amendment 249 #
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. The obligation set out in paragraph 1 shall not result in the restriction of intellectual property rights, wholly or partially.
Amendment 263 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
Providers of online intermediation services shallmay identify in their terms and conditions one or more mediators with which they are willing to engage to attempt to reach an agreement with business users on the settlement, out of court, of any disputes between the provider and the business user arising in relation to the provision of the online intermediation services concerned, including complaints that could not be resolved by means of the internal complaint-handling system referred to in Article 9.
Amendment 270 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Providers of online intermediation services as well as the business users shall engage in good faith in any attempt to reach an agreement through the mediation of any of the mediators which they identified in accordance with paragraph 1, with a view to reaching an agreement on the settlement of the dispute.
Amendment 273 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
Amendment 284 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. OWithout prejudice to Art. 80 of Regulation (EU) 2016/679 and after having exhausted the options to settle complaints and disputes, laid down in Art. 9 and 10 of this Regulation, organisations and associations that have a legitimate interest in representing business users or in representing corporate website users, as well as public bodies set up in Member States, shall have the right to take action before national courts in the Union, in accordance with the rules of the law of the Member State where the action is brought, to stop or prohibit any non- compliance by providers of online intermediation services or by providers of online search engines with the relevant requirements laid down in this Regulation.
Amendment 316 #
Proposal for a regulation
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. The right referred to in paragraph 1 shall be without prejudice to the rights referred to in Directive XXXX/XX/EU (reference to the Directive on representative actions for the protection of the collective interests of consumers, and repealing Directive 2009/22/EC, (COM(2018)184)).
Amendment 318 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The Commission shall encourage the drawing up of codes of conduct by providers of online intermediation services and by organisations and associations representing them, intended to contribute to the proper application of this Regulation, taking account of the specific features of the various sectors in which online intermediation services are provided, as well as of the specific characteristics of micro, small and medium-sized enterprises. In particular, codes of conducts shall address interoperability, barriers to switching and data portability.
Amendment 319 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The CommissionMember States shall encouragsure the drawing up of codes of conduct by providers of online intermediation services and by organisations and associations representing them, intended to contribute to the proper application of this Regulation, taking account of the specific features of the various sectors in which online intermediation services are provided, as well as of the specific characteristics of micro, small and medium-sized enterprises.
Amendment 330 #
Proposal for a regulation
Annex I (new)
Annex I (new)