91 Amendments of Sabine VERHEYEN related to 2018/0112(COD)
Amendment 69 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) Operating system providers play also a crucial role as an intermediary between content providers and consumers. The main purpose of an operating system is to control the basic functions of a device and enable the user to make use of such a device and run application software on it. However, operating systems are usually proposed with a set of accessory by-default application software in order to offer the consumer a turnkey device. This can shape deeply the choice of applications used by consumers later on. Moreover, operating systems also handle the way those applications can be run on the device and act as a key platform between application developers and consumers. As operating system providers are often vertically integrated with application developers, issues can arise notably regarding the possibility of a differentiated treatment between native and third-party applications; Increasing transparency would help prevent unfair commercial behaviours.
Amendment 78 #
Proposal for a regulation
Recital 5
Recital 5
(5) Online intermediation services, operating systems and online search engines, as well as the commercial transactions facilitated by those services, have an intrinsic cross- border potential and are of particular importance for the proper functioning of the Union’s internal market in today’s economy. The potentially unfair and harmful trading practices of certain providers of those services in respect of business users and corporate website users hamper the full realisation of that potential and negatively affect the proper functioning of the internal market. In addition, the full realisation of that potential is hampered, and the proper functioning of the internal market is negatively affected, by diverging laws of certain Member States which, with a varying degree of effectiveness, regulate those services, while other Member States are considering adopting such laws.
Amendment 79 #
Proposal for a regulation
Recital 5
Recital 5
(5) Online intermediation services and online search engines, as well as the commercial transactions facilitated by those services, have an intrinsic cross- border potential and are of particular importance for the proper functioning of the Union’s internal market in today’s economy. The potentially unfair and harmful trading practices of certain providers of those services in respect of business users and corporate website users hamper the full realisation of that potential and negatively affect the proper functioning of the internal market. In addition, the full realisation of that potential is hampered, and the proper functioning of the internal market is negatively affected, by diverging laws of certain Member States which, with a varying degree of effectiveness, regulate those services, while other Member States are considering adopting such laws.
Amendment 90 #
Proposal for a regulation
Recital 7
Recital 7
(7) Since online intermediation services, operating systems and online search engines typically have a global dimension, this Regulation should apply to providers of those services regardless of whether they are established in a Member State or outside the Union, provided that two cumulative conditions are met. Firstly, the business users or corporate website users should be established in the Union. Secondly, the business users or corporate website users should, through the provision of those services, offer their goods or services to consumers located in the Union at least for part of the transaction. Such consumers should be located in the Union, but do not need to have their place of residence in the Union nor have the nationality of any Member State. Accordingly, this Regulation should not apply where the business users or corporate websites users are not established in the Union or where they are established in the Union but where they use online intermediation services or online search engines to offer goods or services exclusively to consumers located outside the Union or to persons who are not consumers.
Amendment 98 #
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. 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.
Amendment 111 #
(9) Examples of online intermediation services covered by this Regulation should consequently include online e-commerce market places, including collaborative ones on which business users are active, online software applications services and, online social media services and voice assistance services. However, this Regulation should not apply to online advertising serving tools or online advertising exchanges which are not provided with the aim of facilitating the initiation of direct transactions and which do not involve a contractual relationship with consumers. This Regulation should also not apply to online payment services, since they do not themselves meet the applicable requirements but are rather inherently auxiliary to the transaction for the supply of goods and services to the consumers concerned.
Amendment 113 #
Proposal for a regulation
Recital 9
Recital 9
(9) Examples of online intermediation services covered by this Regulation should consequently include online e-commerce market places, including collaborative ones on which business users are active, online software applications services such as application stores, and online social media services. However, this Regulation should not apply to online advertising serving tools or online advertising exchanges which are not provided with the aim of facilitating the initiation of direct transactions and which do not involve a contractual relationship with consumers. This Regulation should also not apply to online payment services, since they do not themselves meet the applicable requirements but are rather inherently auxiliary to the transaction for the supply of goods and services to the consumers concerned.
Amendment 122 #
Proposal for a regulation
Recital 12
Recital 12
Amendment 136 #
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 are 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 15 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. Business users 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 they consider being detrimental to them.
Amendment 143 #
Proposal for a regulation
Recital 15
Recital 15
(15) In order to protect business users and to provide for legal certainty for both sides, it should be possible for a competent court to establish that non-compliant terms and conditions are not binding on the business user concerneull and void, with effects ex nunc. Any such finding by a court should however only concern the specific provisions of the terms and conditions which are not compliant. The remaining provisions should remain valid and enforceable, in as far as they can be severed from the non- compliant provisions. Sudden modifications to existing terms and conditions may significantly disrupt business users’ operations. In order to limit such negative effects on business users, and to discourage such behaviour, modifications made in contravention of the obligation to provide a set notice period, should therefore be null and void, that is, deemed to have never existed with effects erga omnes and ex tunc.
Amendment 149 #
Proposal for a regulation
Recital 16
Recital 16
(16) A provider of online intermediation services or online search engines can have legitimate reasons to apply restrictions or sanctions to business users, and to decide to suspend or terminate the provision of its services, in whole or in part, to a given business user, including by delisting individual goods or services of a given business user or effectively removing search results. However, given that such decisions can significantly affect the interests of the business user concerned, they should be properly informed of the reasons thereof. The statement of reasons should allow business users to ascertain whether there is scope to challenge the decision, thereby improving the possibilities for business users to seek effective redress where necessary. In addition, requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content, in line with Commission Recommendation (EU) No 2018/33422. The statement of reasons should identify the objective ground or grounds for the decision, based on the grounds that the provider had set out in advance in its terms and conditions, and refer in a proportionate manner to the relevant specific circumstances that led to that decision. _________________ 22 Commission Recommendation (EU) No 2018/334 of 1 March 2018 on measures to effectively tackle illegal content online (OJ L 63, 6.3.2018, p. 50).
Amendment 160 #
Proposal for a regulation
Recital 17
Recital 17
(17) The ranking of goods and services by the providers of online intermediation services has an important impact on consumer choice and, consequently, on the commercial success of the business users offering those goods and services to consumers. Providers of online intermediation services should therefore outline the main parameters determining ranking beforehand, in order to improve predictability for business users, to allow them to better understand the functioning of the ranking mechanism and to enable them to compare the ranking practices of various providers. The notion of main parameter should be understood to refer to any general criteria, processes, specific signals incorporated into algorithms or other adjustment or demotion mechanisms used in connection with the ranking. The description of the main parameters determining ranking should also include an explanation of any possibility for business users to actively influence ranking against remuneration, as well as of the relative effects thereof. This description should provide business users with an adequate understanding of how the ranking mechanism takes account of the characteristics of the actual goods or services offered by the business user, and their relevance to the consumers of the specific online intermediation services.
Amendment 167 #
Proposal for a regulation
Recital 18
Recital 18
(18) Similarly, the ranking of websites by the providers of online search engines, notably of those websites through which undertakings offer goods and services to consumers, has an important impact on consumer choice and the commercial success of corporate website users. Providers of online search engines should therefore provide a description of the main parameters determining the ranking of all indexed websites, including those of corporate website users as well as other websites. In addition to the characteristics of the goods and services and their relevance for consumers, this description should in the case of online search engines also allow corporate website users to obtain an adequate understanding of whether, and if so how and to what extent, certain design characteristics of the website used, such as their optimisation for display on mobile telecommunications devices, is taken into account. In the absence of a contractual relationship between providers of online search engines and corporate website users, that description should be available to the public in an obvious and easily accessible location on the relevant online search engine. To ensure predictability for corporate website users, the description should also be kept up to date, including the possibility that any changes to the main parameters should be made easily identifiable. Whilst the providers are under no circumstances required to disclose any trade secrets as defined in Directive (EU) 2016/943 of the European Parliament and of the Council23 when complying with this requirement to disclose the main ranking parameters, the description given should at least be based on actual data on the relevance of the ranking parameters used. _________________ 23 Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (OJ L 157, 15.6.2016, p. 1).
Amendment 172 #
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
Amendment 175 #
Proposal for a regulation
Recital 19
Recital 19
(19) Where a provider of online intermediation services itself offers certain goods or services to consumers through its own online intermediation services, or does so through a business user which it controls, that provider may compete directly with other business users of its online intermediation services which are not controlled by the provider. Such a provider may have an economic incentive and the ability to use its control over the online intermediation service to provide technical or economic advantages to its own offerings, or those offered through a business user which it controls, that it could deny to competing business users. If a provider of online intermediation services exercises this ability, its conduct may deprive such competing business users of equality of opportunity and can lead to consumer harm by reducing their choices, or withholding critical information from them. In such situations, in particular, it is important that the provider of online intermediation services acts in a transparent manner and provides a description of any differentiated treatment, whether through legal, commercial or technical means, that it might give in respect of goods or services it offers itself compared to those offered by business users. For purposes of this Regulation, a provider’s service competes with those of its other business users if it is regarded as interchangeable or substitutable by consumers of the online intermediation service, including by reason of the characteristics, prices, or intended uses of the services. To ensure proportionality, this obligation should apply at the level of the overall online intermediation services, rather than at the level of individual goods or services offered through those services.
Amendment 183 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
Amendment 223 #
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
(29a) A close monitoring of the compliant application of this regulation is necessary. Member States shall designate national authorities to require the relevant information from providers of online intermediation services, online search engines and operating systems providers. The information gathered by those authorities should be provided to the Commission and to the Observatory on the Online Platform Economy upon request.
Amendment 226 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down rules to ensure that business users of online intermediation services, device operating systems and corporate website users in relation to online search engines are granted appropriate transparency and effective redress possibilities.
Amendment 235 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation shall apply to online intermediation services, device operating systems and online search engines provided, or offered to be provided, to business users and corporate website users, respectively, that have their place of establishment or residence in the Union and that, through online intermediation services or online search engines, offer goods or services to consumers located in the Union, irrespective of the place of establishment or residence of the providers of those services.
Amendment 238 #
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. This Regulation shall be without prejudice to national rules which, in conformity with Union law, prohibit or sanction unilateral conduct or unfair commercial practices.
Amendment 242 #
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 or seeks to offer goods or services to consumers for purposes relating to its trade, business, craft or profession;
Amendment 245 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – introductory part
Article 2 – paragraph 1 – point 2 – introductory part
(2) ‘online intermediation services’ means services, even partially off-line, which meet all of the following requirements:
Amendment 260 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3 a (new)
Article 2 – paragraph 1 – point 3 a (new)
(3a) ‘device operating system’ means system software products that control the basic functions of a device and enable the user to make use of such a device and run application software on it.
Amendment 261 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3 b (new)
Article 2 – paragraph 1 – point 3 b (new)
(3b) ‘operating systems providers’ means any natural or legal person which provides, or which offers to provide, device operating systems.
Amendment 268 #
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, vocal request, phrase or other input, and returns linksresults in any format in which information related to the requested content can be found;
Amendment 282 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘terms and conditions’ means all terms, conditions, clauses and other information, irrespective of their name or form, which govern the contractual relationship between the provider of online intermediation services and their business users and are unilaterally determined by the provider of online intermediation services.
Amendment 285 #
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Providers of online intermediation services and providers of operating systems shall ensure that their terms and conditions:
Amendment 297 #
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) are easily available for business users at all stages of their commercial relationship with the provider of online intermediation services or the providers of operating systems, including in the pre- contractual stage;
Amendment 308 #
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, in whole or in part, the provision of their online intermediation services to business useror of providers of operating systems to business users, or any other restrictions.
Amendment 314 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Terms and conditions, or specific provisions thereof, which do not comply with the requirements of paragraph 1 shall not be binding on the business user concernebe null and void where such non- compliance is established by a competent court.
Amendment 321 #
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1
Article 3 – paragraph 3 – subparagraph 1
Providers of online intermediation services shalland providers of operating system shall actively notify to the business users concerned any envisaged modification of their terms and conditions.
Amendment 326 #
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. The business user shall be allowed to terminate their agreement free of any charges within 30 days from the receipt of the notice, where such modifications are detrimental to the business user.
Amendment 339 #
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 or by providers of operating systems contrary to the provisions of paragraph 3 shall be null and void.
Amendment 345 #
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
5. Paragraph 3 shall not apply where a provider of online intermediation services or a provider of operating systems 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.
Amendment 350 #
Proposal for a regulation
Article 3 – paragraph 5 – subparagraph 1 (new)
Article 3 – paragraph 5 – subparagraph 1 (new)
5a. Without prejudice to EU and national rules concerning illegal content, if the terms and conditions have been modified in order to protect the legitimate interest of the consumers or of the provider of online intermediation services, in response to practices that can cause immediate harm to consumers, intermediary service providers or providers of operating systems shall apply a 15 days’ notice period for application of the new terms and conditions.
Amendment 352 #
Proposal for a regulation
Article 3 – paragraph 5 a (new)
Article 3 – paragraph 5 a (new)
5a. The online intermediation service provider has to ensure that the brand attributed to the business user and its goods or services is readily recognizable throughout the entire intermediation process.
Amendment 353 #
Proposal for a regulation
Article 4 – title
Article 4 – title
4 Sanctions, suspension and termination
Amendment 354 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where a provider of online intermediation services and of online search engines decides to sanction suspend or terminate, in whole or in part, the provision of its online intermediation services to a given business user, it shall provideinform the business user concerned at least 15 days before implementing that decision, and provide the business user, without undue delay, with a statement of reasons for that decision.
Amendment 377 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. In making such decisions, online intermediation service providers must take into account the fundamental rights of the business user and comply with the principle of proportionality.
Amendment 379 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4a Article 4.1 shall not apply where a provider of online intermediation services is subject to a legal obligation to sanction, suspend, or terminate, in whole or in part, the provision of its online intermediation services to a given business, or does so in order to fight against illicit content. In such cases, the business user shall be notified without undue delay.
Amendment 423 #
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. (a) Providers of online search engines shall notify to corporate website users, in a reasonable notice period, any changes to ranking mechanism referred to in article 5.2. (b) Providers of online search engines shall set out for corporate website users a description of any differentiated treatment which they give, or may give, in relation to, on the one hand, good and services offered to consumers through those online search engines services by either that provider itself or any business users which that provider controls and, on the other hand, other websites users. It shall be clearly indicated, with a specific symbol or any other tool, where provider of online search engines itself, or any business users, which that provider controls partially or entirely, offer goods and services to consumers through online search engines services. (c) Providers of online search engines shall set out for corporate website users an easily accessible internal system allowing websites users to enter into contact with them.
Amendment 441 #
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5a Providers of online search engines shall apply fair treatment and ranking criteria on a non-discriminatory basis to all corporate website users, including to corporate website users that a provider controls directly or indirectly. In particular, the same underlying processes and methods for the positioning and display in the general search results pages shall be applied. Those include all elements that have an impact on the visibility, triggering, ranking or graphical format of a search result in the providers’ general search results pages.
Amendment 445 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Providers of online intermediation services and providers of operating systems shall include in their terms and conditions a description of any differentiated treatment which they give, or may give, in relation to, on the one hand, goods or services offered to consumers through those online intermediation services or operating systems by either that provider itself or any business users which that provider controls and, on the other hand, other business users.
Amendment 457 #
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. The description referred to in paragraph 1 shall cover at least, where applicable, any differentiated treatment through specific measures taken by, or the behaviour of, the provider of the online intermediation services or of the operating system relating to any of the following:
Amendment 459 #
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) access that the provider, or that the business users which that provider controls, may have to any personal data or other data, or both, which business users or consumers provide for the use of the online intermediation services or of the operating system concerned or which are generated through the provision of those services;
Amendment 464 #
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) any direct or indirect remuneration charged for the use of the online intermediation services concernedor the use of the operating systems concerned, at an ancillary services, and any technical or economic benefit it does not extend to all business users;
Amendment 473 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 (new)
Article 6 – paragraph 2 – subparagraph 1 (new)
3. To the extent a provider of online intermediation services, or of operating systems or any business user which that provider controls, offers goods or services that compete with those offered by other business users, the provider shall apply fair treatment to those other business users in such a way that it does not materially impair those business users’ ability to do business.
Amendment 475 #
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
Amendment 481 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Providers of online intermediation services and providers of online search engines shall include in their terms and conditions a description of the technical and contractual access, or absence thereof, of business users or corporate website users to any personal data or other data, or both, which business users or corporate website users or consumers provide for the use of the online intermediation services or online search engines concerned or which are generated through the provision of those services.
Amendment 494 #
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, providers of online intermediation services or online search engines shall adequately inform business users at least of the following:
Amendment 497 #
Proposal for a regulation
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) whether the provider of online intermediation services and the provider of online search engines has access to personal data or other data, or both, which business users or corporate website users or consumers provide for the use of those services or which are generated through the provision of those services, and if so, to which categories of such data and under what conditions;
Amendment 503 #
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 or online search engines 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 511 #
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 or online search engines to all of the business users and consumers thereof, and if so, to which categories of such data and under what conditions.
Amendment 519 #
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. Providers of online intermediation services shall grant business users access to anonymized consumer data which are directly generated through the facilitation of the transaction between the consumer and the business user concerned. This obligation is without prejudice to the obligations with which online intermediation services must comply under the applicable data protection and privacy rules.
Amendment 536 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Where, in the provision of their services, providers of online intermediation services or providers of operating systems 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 in their terms and conditions and make those grounds easily available to the public. Those grounds shall include the main economic, commercial or legal considerations for those restrictions.
Amendment 548 #
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
Providers of online intermediation services shall provide for anproviders of online search engines, and providers of operating systems shall provide for a transparent and non- discriminatory internal system for handling the complaints of business users.
Amendment 562 #
Proposal for a regulation
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. As part of their internal complaint- handling system, providers of online intermediation services, providers of online search engines, and providers of operating systems shall:
Amendment 573 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Providers of online intermediation services, providers of online search engines, and providers of operating systems shall include in their terms and conditions all relevant information relating to the access to and functioning of their internal complaint-handling system.
Amendment 581 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1
Article 9 – paragraph 4 – subparagraph 1
Providers of online intermediation services, providers of online search engines, and providers of operating systems shall annually establish and make easily available to the public information on the functioning and effectiveness of their internal complaint-handling system.
Amendment 591 #
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
5. The provisions of this Article shall not apply to providers of online intermediation services that are small enterprises within th, providers of online mseaning of Article 2 (2) of the Annex to Recommendation 2003/361/EC29 . _________________ 29 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5/2003, p. 36)rch engines, and providers of operating systems that reach less than 5 million unique visitors a month.
Amendment 594 #
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
5. The provisions of this Article shall not apply to providers of online intermediation services that are small enterprises within thand to providers of online mseaning of Article 2 (2) of the Anrch enginex to Recommendation 2003/361/EC29 . _________________ 29 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5/2003, p. 36)hat reach less than five millions unique visitors a month.
Amendment 595 #
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 1 (new)
Article 9 – paragraph 5 – subparagraph 1 (new)
Any attempt to reach an agreement through the internal complaint-handling system in accordance with this article shall not affect the rights of the providers of the online intermediation services and of the business users concerned to initiate judicial proceedings at any time during or after the process.
Amendment 606 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
Providers of online intermediation services, providers of online search engines, and providers of operating systems shall 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 614 #
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) their mediation services are affordable for an average business user of the online intermediation services, the online search engines, and the operating systems concerned;
Amendment 615 #
Proposal for a regulation
Article 10 – paragraph 2 – point c
Article 10 – paragraph 2 – point c
(c) they are capable of providing their mediation services in the language of the terms and conditions which govern the contractual relationship between the provider of online intermediation services, the provider of online search engines, or the provider of operating systems and the business user concerned;
Amendment 617 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Providers of online intermediation services, providers of online search engines, and providers of operating systems 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 633 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Providers of online intermediation services , providers of online search engines, and providers of operating systems shall bear a reasonable proportion of the total costs of mediation in each individual case. A reasonable proportion of those total costs shall be determined, on the basis of a suggestion by the mediator, by taking into account all relevant elements of the case at hand, in particular the relative merits of the claims of the parties to the dispute, the conduct of the parties, as well as the size and financial strength of the parties relative to one another. However, providers of online intermediation services, providers of online search engines, and providers of operating systems shall in any case bear at least half of the total cost.
Amendment 637 #
Proposal for a regulation
Article 10 – paragraph 4 – subparagraph 1 (new)
Article 10 – paragraph 4 – subparagraph 1 (new)
Should the mediator find that the business user is acting in bad faith or is seeking to abuse the mediation process, it can decide to make the business user bear more than half of the total cost.
Amendment 640 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. Any attempt to reach an agreement through mediation on the settlement of a dispute in accordance with this Article shall not affect the rights of the providers of the online intermediation services, online search engine, or operating systems and of the business users concerned to initiate judicial proceedings at any time during or after the mediation process.
Amendment 644 #
Proposal for a regulation
Article 10 – paragraph 5 – subparagraph 1 (new)
Article 10 – paragraph 5 – subparagraph 1 (new)
6. Providers of online intermediation services, providers of online search engines, and providers of operating systems shall annually establish a report with information on the functioning and effectiveness of mediation; it should at least include information on the number of mediation cases, the subject matter of the complaints, the time period needed to proceed those complaints and the decision taken.
Amendment 651 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
The Commission shall encourage providers of online intermediation services, providers of online search engines, and providers of operating systems as well as organisations and associations representing them to individually or jointly set up one or more organisations providing mediation services which meet the requirements specified in Article 10(2), for the specific purpose of facilitating the out-of-court settlement of disputes with business users arising in relation to the provision of those services, taking particular account of the cross- border nature of online intermediation services, online search engines, and operating systems.
Amendment 657 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. 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 or by providers of operating systems with the relevant requirements laid down in this Regulation.
Amendment 693 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The right referred to in paragraph 1 shall be without prejudice to the rights of business users and corporate website users to individually take action before competent national courts, in accordance with the rules of the law of the Member State where the action is brought, to address any non-compliance by providers of online intermediation services by providers of online search engines, or by providers of operating systems with the relevant requirements laid down in this Regulation.
Amendment 701 #
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, together with business users and their representative organisations, 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 703 #
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1 (new)
Article 13 – paragraph 2 – subparagraph 1 (new)
The Commission shall encourage the drawing up of codes of conduct by providers of operating systems and by organisations and associations representing them, intended to contribute to the proper application of this Regulation.
Amendment 706 #
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13a Remedies 1. Member States shall designate a body or bodies responsible for adequate and effective enforcement of this regulation. 2. Member States shall determine the sanctions applicable to infringements of the provisions contained in this Regulation and shall take all measures necessary to ensure that they are enforced. These sanctions shall be effective, proportionate and dissuasive. 3. The measures referred to in paragraph 1 shall be communicated to the Commission and made publicly available on the Commission’s website.
Amendment 710 #
Proposal for a regulation
Article 13 b (new)
Article 13 b (new)
Article 13b Monitoring Member States shall closely monitor the application of this regulation. To that end, Member states shall designate national authorities to require providers of online intermediation services, online search engines and operating systems providers to submit relevant information. The information gathered by those authorities shall be provided to the Commission and to the Observatory on the Online Platform Economy upon request.
Amendment 711 #
Proposal for a regulation
Article 13 c (new)
Article 13 c (new)
Article 13c Applicable law Business users shall not lose the protection granted by this regulation by virtue of choice of law of a non-member country as the law applicable to the contract of the latter has a close connection with the territory of a Member State.
Amendment 713 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. By [date: threewo years after the date of entry into force], and subsequently every three years, the Commission shall evaluate this Regulation and report to the European Parliament, the Council and the European Economic and Social Committee.
Amendment 729 #
Proposal for a regulation
Annex – Title (new)
Annex – Title (new)
Annex Commercial practices to be regarded as unfair in all circumstances
Amendment 730 #
Proposal for a regulation
Annex – point a (new)
Annex – point a (new)
(a) Requiring the business user to use the online intermediation service provider's ancillary services, including payment services, without the option to use any alternative methods;
Amendment 731 #
Proposal for a regulation
Annex – point b (new)
Annex – point b (new)
(b) Burdening the business user with a unilateral liability clause which causes an unfair transfer of risk;
Amendment 732 #
Proposal for a regulation
Annex – point c (new)
Annex – point c (new)
(c) Proposing retroactive contract clauses;
Amendment 733 #
Proposal for a regulation
Annex – point d (new)
Annex – point d (new)
(d) Impeding consumers access to, or discovery of, products, services, or applications offered by other business users on the online service for reasons that are not objectively justifiable;
Amendment 734 #
Proposal for a regulation
Annex – point e (new)
Annex – point e (new)
(e) Modifying terms and conditions without informing business users concerned;
Amendment 735 #
Proposal for a regulation
Annex – point f (new)
Annex – point f (new)
(f) Maintaining the legal right to use the business user's confidential information after the contract between the online intermediary service provider and the business user has expired;
Amendment 736 #
Proposal for a regulation
Annex – point g (new)
Annex – point g (new)
(g) Any clause or practices which make it unduly difficult for a business user to terminate its relationship with an online intermediation service provider and/or use another online intermediation service.;
Amendment 737 #
Proposal for a regulation
Annex – point h (new)
Annex – point h (new)
(h) Impeding that consumers who access services through the online intermediation service have the right and ability to select and use the services of their choice, without facing any undue burdens;
Amendment 738 #
Proposal for a regulation
Annex – point i (new)
Annex – point i (new)
(i) Not providing all information necessary to enable business users to achieve a comparable level and quality of interoperability with services or functionality accessed through the service as are available to services offered by the provider itself, where a provider of online intermediation services itself offers goods or services to consumers through its own online intermediation services, or does so through a business user which it controls;
Amendment 739 #
Proposal for a regulation
Annex – point j (new)
Annex – point j (new)
(j) Providing any technical or economic advantage to its own services, or to services that it controls, and denying it to competing business users, where a provider of online intermediation services itself offers goods or services to consumers through its own online intermediation services, or does so through a business user which it controls;
Amendment 740 #
Proposal for a regulation
Annex – point k (new)
Annex – point k (new)
(k) Interfering in the commercial relationship between competing business users and consumers of their services.