Activities of Olga SEHNALOVÁ related to 2017/2003(INI)
Plenary speeches (1)
European agenda for the collaborative economy - Online platforms and the Digital Single Market (debate) CS
Amendments (37)
Amendment 3 #
Draft opinion
Paragraph 1
Paragraph 1
1. WelcomNotes the emergence of the collaborative economy in transport, accommodation and tourism services, acknowledginges that, with an appropriate regulatory framework in place, it has the collaborative economy has the potential to provide more varied and affordable services to customers and to boost new forms of cooperative exchanges between citizens in the EU, to enhance economic growth, social welfare and environmental protection and to boost new forms of cooperative exchanges between citizens by opening new work opportunities and new models of business; stresses however that appropriate regulatory frameworks need to be put in place, to cover employment, health and safety, disability rights and competition issues that arise from the new models;
Amendment 12 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Urges the Commission to come up with appropriate measures to tackle the challenges that arise when European consumers are using online platforms headquartered outside the EU, in non- European cultural and regulatory contexts, particularly with regard to data protection, health and safety, taxation and employment laws;
Amendment 45 #
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that, in the context of the collaborative economy, issues related to consumer protection, liability allocation, insurance schemes, social protection of workers (whether they are employed or self-employed) and data protection are the most urgent ones, aund expects a regulatory intervention erlines the potential risks of creating unclear employment relations, unfair working conditions and non-compliance with worker's rights; as such, considers necessary the cooperation among all stakeholders, assuming that regardeir individual responsibilities, in parallel with regulatory intervention; emphasises that a regulatory framework should create a level playing field, foster innovations and contribute to the overall development and fulfilment of the EU transport and tourism policy goals, such as transport decarbonisation, territorial cohesion, affordability, accessibility and safety; simultaneously, it argues that the Commission should ensure an ambitious enforcement framework and engage platforms to foster a culture of compliance as regards health, safety, security and taxation, while ensuring that any proposal put forward would mitigate the risk of creating monopolies.
Amendment 46 #
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that, in the context of the collaborative economy, issues related to consumer protection, liability allocation, insurance schemes, social protection of workers (whether they are employed or self-employed) and data protection are the most urgent ones, and expects a regulatory intervention in that regard; eunderlines particularly the risks of unclear employment relations, unfair working conditions and non-compliance with workers' rights; stresses that there is a strong need to clarify the working relationship between workers and collaborative platforms; 3a Emphasises that a regulatory framework should create a level playing field, foster innovations and contribute to the overall development and fulfilment of the EU transport policy goals, such as transport decarbonisation, territorial cohesion, modernisation of all urban and rural infrastructures also linked to public transport services, affordability, accessibility for all users and safety;
Amendment 50 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Agrees that the collaborative economy could also generate new entrepreneurial opportunities, jobs and growth, and could play an important role in making the economic system not only more efficient, but also socially and environmentally sustainable, thus enhancing economic growth, social welfare and environmental protection, and contribute to the transition towards a circular economy;
Amendment 61 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Acknowledges, at the same time, that the collaborative economy is having a profound impact on long-established business models in many strategic sectors such as transportation, accommodation, restaurant industry, services, retail and finance; underlines the risk of having different legal standards for similar economic actors; is concerned about the risk of reducing consumer protection, workers’ rights and tax compliance; acknowledges the effects that collaborative businesses are having on the urban environment;
Amendment 92 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Points out that the collaborative economy can have a positive impact on the mobility of people with disabilities and the elderly provided that it is properly adapted to their needs;
Amendment 99 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Draws attention to the fact that the collaborative economy in Europe has a number of specific traits, as it is generally more rooted at local level, reflecting the European business structure, which consists mainly of SMEs; these features offer new opportunities for the collaborative economy in Europe but, at the same time, create a number of challenges for collaborative platforms in order to be highly competitive on the global market;
Amendment 100 #
Draft opinion
Paragraph 5
Paragraph 5
5. Urges the need to clearly distinguish between legitimate ride-sharing and the provision of commercial transporting services (i.e. ‘'non- professional’' vs ‘'professional’' service provision) in EU terminology, and; believes that all work in the collaborative economy should be classified accordingly, avoiding the spontaneous creation of new hybrid categories for workers; urges the Commission to come up with proposals to adapt Union legislation accordingly; considers the monetary threshold to be , assessing the possibility to extend traditional protectiones advisable way to make this distinctionnd social security protections established at national level by the Member States, to all workers in the collaborative economy;
Amendment 101 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Underlines the importance of tackling challenges that arise when European customers are using online platforms headquartered outside the EU, in non-European cultural and regulatory contexts, with particular regard to data protection, liability of the platforms, taxation and employment law;
Amendment 122 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Stresses the importance of ultra high-speed fixed and wireless networks as a precondition to develop the full potential of the collaborative economy and to reap the benefits offered by the collaborative model; recalls, thus, the necessity to ensure an adequate network access for all citizens in the EU, especially in those areas where sufficient connectivity is not yet available;
Amendment 177 #
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Notes that consumers should have access to information on whether reviews by other users of a service might not be subject to influence from the provider, for example in the form of paid advertising;
Amendment 180 #
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Considers that if entities arranging the conclusion of contracts in the collaborative economy do not have their own well developed mechanisms and measures for settling disputes, it may be difficult for consumers to obtain their rights;
Amendment 181 #
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17c. Consumers seeking services in the collaborative economy should be made acquainted with their rights and obligations if they conclude a peer-to-peer contract, and have explained to them the difference between these and their rights and obligations when they conclude a contract with a professional service provider;
Amendment 185 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Emphasises that, in many cases, due to persisting asymmetric information or lack of choice, rules for protecting consumers are still needed in the collaborative economy, especially due to persisting asymmetricregarding the information and transparency duties of the parties involved; highlights that transparency is essential inf ormation or lack of choiceder to protect consumers and develop trust in the collaborative economy;
Amendment 189 #
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Underlines the importance to guarantee adequate information to consumers about the applicable legal regime of each transaction, the criteria used to determine the professional or non- professional nature of the transaction and consequent rights and legal obligations;
Amendment 190 #
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Recalls that the safety of products placed on the market is of critical importance to consumer protection; considers it essential that the collaborative economy provides consumers with a guarantee of the safety of the products and services on offer;
Amendment 191 #
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Believes that it should be mandatory for collaborative platforms always to keep records from which all contractual relations arranged by them including both contracting parties can be traced, in particular for the purpose of settling disputes;
Amendment 192 #
Motion for a resolution
Paragraph 18 c (new)
Paragraph 18 c (new)
18c. Emphasises that the collaborative economy cannot be used to circumvent laws on consumer protection, safety or the protection of public health;
Amendment 193 #
Motion for a resolution
Paragraph 18 d (new)
Paragraph 18 d (new)
18d. Points out that for consumers it may not always be clear with whom they are concluding a contract in the collaborative economy and what legal system applies to it; believes that sufficient identification of the users of collaborative economy services is an essential measure which may serve to limit possible misunderstandings and help in enforcing the law;
Amendment 201 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to clarify the collaborative platforms liability regime, - which could enhance responsible behaviour and increase user confidence - assess their duties according to already existing regulations and consider whether ad hoc legislation is needed in this regard;
Amendment 208 #
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Recalls that the protection of personal data is an issue that cannot be neglected in the collaborative economy context as most entities arranging the conclusion of contracts use online platforms, through which they obtain a large quantity of data from users; recalls that this data may often be passed to others;
Amendment 209 #
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Believes that collaborative platform users should be able to transfer their personal data to others;
Amendment 222 #
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Welcomes the trust-building mechanisms some collaborative platforms have put in place, including setting an effective and reliable review and reputation system, introducing of guarantees or insurance, identity verification of peers and prosumers - such as pre-screening mechanisms - and developing secure and more transparent payment systems; encourages collaborative platforms to learn from the best practices and to inform and raise awareness about their user´s legal obligations;
Amendment 226 #
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21 b. Welcomes all initiatives aimed at enhancing trust and transparency of rating mechanisms and setting-up reliable reputation criteria in collaborative economy business models; considers two- way rating mechanisms and voluntary adoption of certification schemes as good examples to avoid abuses, manipulations and fake feedback;
Amendment 293 #
Motion for a resolution
Paragraph 31
Paragraph 31
31. Emphasises that the digital revolution is having a profound impact on the labour market and that emerging trends in the collaborative economy are part of a broader tendency within the overall digitalisation of the society; underlines the risks of unclear employment relations, unfair working conditions and non compliance with worker's rights;
Amendment 298 #
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31 a. At the same time, notes that the collaborative economy is opening new opportunities and new, flexible routes into work for all users - including prosumers - thriving innovation and entrepreneurship in Europe;
Amendment 305 #
Motion for a resolution
Paragraph 32
Paragraph 32
32. Underlines the paramount importance of safeguarding workers’ rights in collaborative services, - first and foremost the worker`s right to organise, take collective action and negotiate collective agreements - of avoiding social dumping, and of guaranteeing fair working conditions and adequate social protection;
Amendment 317 #
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33 a. Stresses that there is a strong need to fully clarify the working relationship between workers and collaborative platforms; calls on the Commission and the Member States to guarantee a level playing field between digital and traditional economies also from the labour market and workers' right perspective, avoiding thus the risk of applying different rules to comparable situations and unfair competition;
Amendment 323 #
Motion for a resolution
Paragraph 33 b (new)
Paragraph 33 b (new)
33 b. Recalls that all workers in the collaborative economy are either employed (employees) or self-employed and that all work in the collaborative economy should be classified accordingly, avoiding the creation of new hybrid categories for workers in the collaborative economy; regardless of the status classification, calls the Commission and Member States to assess the possibility to extend traditional protections of employment law and social security protections established at national level to workers in the collaborative economy;
Amendment 325 #
Motion for a resolution
Paragraph 33 c (new)
Paragraph 33 c (new)
33 c. Due to the rising number of self- employed workers in the collaborative economy, urges the Commission to re- examine the existing EU competition laws, which are now hampering the right to organise for those workers treated as independent contractors, in order to guarantee the fundamental right to organise, undertake collective actions and negotiate collectively, including with regard to their compensation;
Amendment 327 #
Motion for a resolution
Paragraph 33 d (new)
Paragraph 33 d (new)
33 d. Underlines the importance to ensure the portability of ratings and reviews for collaborative platforms workers and to guarantee the transferability and accumulation of ratings and reviews across different platforms while respecting rules on data protection and the privacy of other parties involved;
Amendment 328 #
Motion for a resolution
Paragraph 33 e (new)
Paragraph 33 e (new)
33 e. Stresses the importance of up to date skills in the changing employment world to ensure that all workers could have adequate skills, as required in the digital economy; encourages the Commission, Member States and collaborative economy businesses to enable life-long learning training and skills development;
Amendment 329 #
Motion for a resolution
Paragraph 33 f (new)
Paragraph 33 f (new)
33 f. Draws attention to the lack of data relating to changes in the employment world brought by the collaborative economy and underlines the importance of closely monitoring working conditions in the collaborative economy in order to combat illegalities; furthermore, encourages each Member States to appoint a national competent entity as responsible for controlling and evaluating emerging trends in the collaborative economy's labour market, taking necessary actions in case of illegalities, and informing other relevant authorities; asks Member States to periodically provide to the European Commission with data and information about jobs and working conditions in the collaborative economy;
Amendment 343 #
Motion for a resolution
Paragraph 36
Paragraph 36
36. Notes that first movers have been cities, where urban conditions such as population density and physical proximity favour the adoption of collaborative practices, shifting the focus from smart cities to sharing cities, based on collaboration and common pooling practices; is also convinced that the collaborative economy can be a solution to tackle specific problems and offer significant opportunities to inner peripheries and rural areas, tooand can convey new forms of development through local production processes which are globally connected in the framework of an inclusive innovation; believes that this can generate new forms of competition between territories based on the availability of local collective competition goods (such as infrastructures, educational structures, business services);
Amendment 349 #
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36 a. Supports the establishment of a "Forum", involving the CoR and all the relevant EU institutions, cities and other local institutions, organisations, networks active in the local, regional, rural and inner peripheric dimension of the collaborative economy to share experiences and exchange good practices, strengthen the local dimension of the collaborative economy and liaise with the relevant thematic partnerships of the Urban Agenda for the EU ;
Amendment 362 #
Motion for a resolution
Paragraph 39 a (new)
Paragraph 39 a (new)
39 a. Encourages the Commission to support initiatives and actions to favour more research and fact-finding on the development and the impact of the collaborative economy in Europe; in particular, welcomes the recently adopted pilot project on the collaborative economy, aimed at helping European SMEs and social enterprises with high- growth potential to use and benefit from all the possibilities and potential provided by the collaborative economy business model;