20 Amendments of Olga SEHNALOVÁ related to 2018/0112(COD)
Amendment 72 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) It is important to note that the term “business users”, and by extension the scope of this Regulation, should also cover individuals working or providing services by personally performing work via online platforms. This is not only about SMEs but also about people who may be categorised as independent economic entities or self-employed. Due to the rising number of individuals employed in this way in the economy it is vital that they are also covered and able to rely on the possibility of seeking redress. They should have the right to participation in the process of setting prices and working conditions by platforms as they are vulnerable to arbitrary delisting, a lack of access to personal data and discrimination.
Amendment 88 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
Amendment 101 #
Proposal for a regulation
Recital 8
Recital 8
(8) A wide variety of business-to- consumer commercial relations are intermediated online by providers operating multi-sided services that are essentially based on the same ecosystem- building business model. In order to capture the relevant services, online intermediation services should be defined in a precise and technologically-neutral manner. In particular, the services should consist of information society services, which are characterised by the fact that they aim to facilitate the initiating of direct transactions between business users and consumers, irrespective of whether the transactions are ultimately concluded either online, on the online portal of the provider of the online intermediation services in question or that of the business user, or offline, meaning that there is no requirement for any contractual relationship between the business users and consumers as a precondition for the inclusion of an online intermediation service within the scope of this Regulation. In addition, the services should be provided on the basis of contractual relationships both between the providers and business users and between the providers and the consumers. Such a contractual relationship should be deemed to exist where both parties concerned express their intention to be bound in an unequivocal and verifiable manner, without an express written agreement necessarily being required. Such a contractual relationship between the providers of online intermediation services and consumers should also be deemed to exist in cases where the services are supplied to the consumer against the provision of personal data or other data by the consumer.
Amendment 126 #
Proposal for a regulation
Recital 12
Recital 12
(12) In order to effectively protect business users where needed, this Regulation should apply where the terms and conditions of a contractual relationship, regardless of twheir name or form, are not individually negotiated by the parties to them. Whether or not terms and conditions were individually negotiated should be determined on the basis of an overall assessment, whereby the fact that certain provisions thereof may have been individually negotiated is, in itself, not decisivether terms were individually negotiated or not.
Amendment 185 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) As online intermediaries often own more than one platform or website, they should inform business users that sign a contract for listing with them of which platforms or websites the listing is displayed on.
Amendment 190 #
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
Amendment 222 #
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28a) Breaches of the provisions of this Regulation will in certain instances require a rapid and flexible enforcement. Enforcement bodies set up or nominated by Member States should be responsible for the enforcement of this Regulation in an adequate and effective manner. The enforcement bodies should be established in addition to the procedure for judicial proceedings by representative organisations set out in this Regulation. The decisions made by enforcement bodies could be challenged in judicial proceedings according to relevant national legislation.
Amendment 244 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘business user’ means any natural or legal person which through online intermediation services offers goods or services to consumers for purposes relating to its trade, business, craft or profession, including individuals working or providing services by personally providing work via online intermediation services;
Amendment 307 #
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) set out the objective grounds for decisions to suspend or terminate, terminate or impose any other kind of sanction upon, in whole or in part, the provision of their online intermediation services to business users.
Amendment 358 #
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 restrict in whole or in part, the provision of its online intermediation services to a given business user, it shall provide the business user or users concerned, without undue delay, with a statement of reasons for that decision.
Amendment 362 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. Paragraph 1 shall also not apply where the provider of online intermediation services acts to protect consumers on the basis of reasonable doubt regarding the safety of a product or service, counterfeiting, fraud, or suitability of the product or service to minors. In such cases, the business user shall be notified without undue delay and be provided with a statement of reasons for that decision.
Amendment 370 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The statement of reasons referred to in paragraph 1 or 1a shall contain a reference to the specific facts or circumstances that led to the decision of the provider of online intermediation services, as well as a reference to the applicable objective ground or grounds for that decision referred to in Article 3(1)(c).
Amendment 524 #
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. The provider of the online intermediation service shall not for commercial purposes disclose to third parties, including within their corporate structure, data generated by the transactions of a business user without the explicit consent of the business user.
Amendment 529 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
Amendment 539 #
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. Providers of online intermediation services shall provide, at the request of the business user, full disclosure of all platforms and websites which are owned and operated by the intermediary where a business user's products or services are listed.
Amendment 542 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 646 #
Proposal for a regulation
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5a. Providers of online intermediation services shall publish information annually to the general public in an easily accessible format specifying the number of cases undertaken, the nature of the complaints, and the results of those complaints.
Amendment 661 #
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1a. Member States shall ensure that their relevant public bodies or other authorities set up a registry of unlawful acts which have been subject to injunction orders before national courts in order to provide a basis for best practice and information to other Member State public bodies or other authorities.
Amendment 699 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The Commission shall encourage and monitor the drawing up of codes of conduct by providers of online intermediation services and by organisations and associations representing them, including the consultation and involvement of SME organisations and platform workers' representatives regarding the content of such codes, 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 705 #
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13a Enforcement authorities 1. The public body nominated or set up according to Article 12, paragraph 2, subparagraph 2 shall be responsible for the adequate and effective enforcement of this Regulation. 2. Member States shall lay down rules setting out the measures applicable to infringements of the provisions of this Regulation and shall ensure that they are implemented. The measures provided for shall be effective, proportionate and dissuasive. 3. The public body shall give guidance to business users in detecting unfair practices from platforms. 4. The public bodies referred to in paragraph 1 shall be communicated to the Commission and made publicly available on the Commission's website.