Activities of Petra KAMMEREVERT related to 2020/0361(COD)
Plenary speeches (1)
Digital Services Act (continuation of debate)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC
Amendments (62)
Amendment 126 #
Proposal for a regulation
Recital 9
Recital 9
(9) This Regulation should complement, yet not affect the application of rules resulting from other acts of Union law regulating certain aspects of the provision of intermediary services, in particular Directive 2000/31/EC, with the exception of those changes introduced by this Regulation, Directive 2010/13/EU of the European Parliament and of the Council as amended,28 and Regulation (EU) …/.. of the European Parliament and of the Council29 – proposed Terrorist Content Online Regulation. Therefore, this Regulation leaves those other acts, which are to be considered lex specialis in relation to the generally applicable framework set out in this Regulation, unaffected. However, the rules of this Regulation should apply in respect of issues that are not or not fully addressed by those other acts as well as isnd should be without prejudice to the Member States’ possibility to adopt and further develop laws, regulations and other measures on, which those other acts leave Member States the possibility of adopting certain measures at national leveserve a legitimate public interest, in particular to protect the freedom of information and media or to foster the diversity of media or opinion and cultural or linguistic diversity. In particular, in the event of a conflict between Directive 2010/13/EU and the present Regulation, the provisions of the Directive 2010/13/EU should prevail. Similarly, legislation that is in accordance with Directive 2010/13/EU at national level, aiming at securing and fostering the fulfilment of various objectives underpinning the audiovisual policy of the Union and its Member States, should also prevail. _________________ 28 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (Text with EEA relevance), OJ L 95, 15.4.2010, p. 1 . 29Regulation (EU) …/.. of the European Parliament and of the Council – proposed Terrorist Content Online Regulation
Amendment 129 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9 a) The right of the Member States to provide additional obligations, exemptions or derogations, which serve a legitimate public interest, in particular to protect the freedom of information and media or to foster the diversity of media or opinion and cultural or linguistic diversity, should remain unaffected. Because of the convergence of media, legislation and other measures that ensure and promote media pluralism may be necessary for the entire online environment. The right of the Member States especially includes substantive rules, rules of procedure and enforcement rules, including the regulatory structure.
Amendment 131 #
Proposal for a regulation
Recital 9 b (new)
Recital 9 b (new)
(9 b) Respecting the Union’s subsidiary competence to take cultural aspects into account in its action according to Article 167, Paragraph 4 of the Treaty, this Regulation should not affect Member States’ competences in their respective cultural policies, nor should it prejudice national measures addressed to intermediary service providers in order to protect the freedom of expression and information, media freedom and to foster media pluralism as well as cultural and linguistic diversity.
Amendment 152 #
Proposal for a regulation
Recital 18
Recital 18
(18) The exemptions from liability established in this Regulation should not apply where, instead of confining itself to providing the services neutrally, by a merely technical and, automatic and passive processing of the information provided by the recipient of the service, the provider of intermediary services plays an active role of such a kind as to give it knowledge of, or control over, that information. Those exemptions should accordingly not be available in respect of liability relating to information provided not by the recipient of the service but by the provider of intermediary service itself, including where the information has been developed under the editorial responsibility of that provider or where the intermediary service provider optimises or promotes content considered as legal, regardless of whether this process is automated.
Amendment 157 #
Proposal for a regulation
Recital 22
Recital 22
(22) In order to benefit from the exemption from liability for hosting services, the provider should, upon obtaining actual knowledge or awareness of illegal content, act expeditiously to remove or to disable access to that content. The removal or disabling of access should be undertaken in the observance of the principle of freedom of expression. The provider can obtain such actual knowledge or awareness through, in particular, its own-initiative investigations or notices submitted to it by individuals or entities in accordance with this Regulation in so far as those notices are sufficiently precise and adequately substantiated to allow a diligent economic operator to reasonably identify, assess and where appropriate act against the allegedly illegal content.
Amendment 167 #
Proposal for a regulation
Recital 28
Recital 28
(28) Providers of intermediary services should not be subject to a monitoring obligation with respect to obligations of a general nature. This does not concern monitoring obligations in a specific case and, in particular, does not affect orders by national authorities in accordance with national legislation, in accordance with the conditions established in this Regulation. Nothing in this Regulation should be construed as an imposition of a general monitoring obligation or active fact-finding obligation, or as a general obligation for providers to take proactive measures to relation to illegal content. Nor does it concern ex ante measures by online marketplaces such as random checks to identify illegal content.
Amendment 168 #
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28 a) Since media service providers and publishers of press publications within the meaning of Article 2(4) of Directive (EU) 2019/790 hold editorial responsibility for the content and services they make available, such content and services should benefit from a specific regime that prevents a multiple control of those content and services. Those content and services are typically offered in accordance with professional and journalistic standards as well as legislation and are already subject to systems of supervision and control, often enshrined in commonly accepted self- regulatory standards and codes. In addition, they usually have in place complaints handling mechanisms to resolve content-related disputes. Editorial responsibility means the exercise of effective control both over the selection of content and over its provision by means of its presentation, composition and organisation. Editorial responsibility does not necessarily imply any legal liability under national law for the content or the services provided. Intermediary service providers should refrain from removing, suspending or disabling access to any such content or services, and should be exempt from liability for such content and services. A presumption of legality should exist in relation to the content and services provided by media service providers publishers of press publications who carry out their activities in respect of European values and fundamental rights. Compliance by media service providers with these rules and regulations should be overseen by the respective independent regulatory authorities, bodies or both and the respective European networks they are organised in.
Amendment 185 #
Proposal for a regulation
Recital 39
Recital 39
(39) To ensure an adequate level of transparency and accountability, providers of intermediary services should annually report, in accordance with the harmonised requirements contained in this Regulation, on the content moderation they engage in, including the measures taken as a result of the application and enforcement of their terms and conditions, and, where a platform is an online marketplace, their business users. However, so as to avoid disproportionate burdens, those transparency reporting obligations should not apply to providers that are micro- or small enterprises as defined in Commission Recommendation 2003/361/EC.40 _________________ 40 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).
Amendment 212 #
Proposal for a regulation
Recital 9
Recital 9
(9) This Regulation should complement, yet not affect the application of rules resulting from other acts of Union law regulating certain aspects of the provision of intermediary services, in particular Directive 2000/31/EC, with the exception of those changes introduced by this Regulation, Directive 2010/13/EU of the European Parliament and of the Council as amended,28 and Regulation (EU) …/.. of the European Parliament and of the Council29 – proposed Terrorist Content Online Regulation. Therefore, this Regulation leaves those other acts, which are to be considered lex specialis in relation to the generally applicable framework set out in this Regulation, unaffected. However, the rules of this Regulation should apply in respect of issues that are not or not fully addressed by those other acts as well as issues on which those other acts leave Member States the possibility of adopting certain measures at national levend should be without prejudice to the Member States’ possibility to adopt and further develop laws, regulations and other measures, which serve a legitimate public interest, in particular to protect the freedom of information and media or to foster the diversity of media or opinion and cultural or linguistic diversity. In particular, in the event of a conflict between Directive 2010/13/EU and the present Regulation, the provisions of the Directive 2010/13/EU should prevail. Similarly, legislation that is in accordance with Directive 2010/13/EU at national level, aiming at securing and fostering the fulfilment of various objectives underpinning the audiovisual policy of the Union and its Member States, should also prevail. __________________ 28 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (Text with EEA relevance), OJ L 95, 15.4.2010, p. 1 . 29Regulation (EU) …/.. of the European Parliament and of the Council – proposed Terrorist Content Online Regulation
Amendment 217 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) The right of the Member States to provide additional obligations, exemptions or derogations, which serve a legitimate public interest, in particular to protect the freedom of information and media or to foster the diversity of media or opinion and cultural or linguistic diversity, should remain unaffected. Because of the convergence of media, legislation and other measures that ensure and promote media pluralism may be necessary for the entire online environment. The right of the Member States especially includes substantive rules, rules of procedure and enforcement rules, including the regulatory structure.
Amendment 218 #
Proposal for a regulation
Recital 9 b (new)
Recital 9 b (new)
(9b) Respecting the Union’s subsidiary competence to take cultural aspects into account in its action according to Article 167( 4) of the Treaty on the Functioning of the European Union, this Regulation should not affect Member States’ competences in their respective cultural policies, nor should it prejudice national measures addressed to intermediary service providers in order to protect the freedom of expression and information, media freedom and to foster media pluralism as well as cultural and linguistic diversity.
Amendment 229 #
Proposal for a regulation
Recital 58 a (new)
Recital 58 a (new)
(58 a) Mitigation of risks, which would lead to removal, disabling access to or otherwise interfering with content and services for which a media service provider holds editorial responsibility, should not be considered reasonable or proportionate.
Amendment 249 #
Proposal for a regulation
Recital 73 a (new)
Recital 73 a (new)
Amendment 250 #
Proposal for a regulation
Recital 76 a (new)
Recital 76 a (new)
(76 a) Consumers, consumer organisations and rights holders should be able to lodge any complaint related to compliance of a marketplace with this Regulation with the Digital Services Coordinator in the Member State where they are based. Complaints should provide a faithful overview of issues related to a particular intermediary service provider’s compliance. The Digital Services Coordinator should involve national competent authorities and inform the Member State where the intermediary service provider concerned is established if the issue requires cross-border cooperation. Complaints should be dealt with in a timely manner no later than one month from the receipt of a complaint.
Amendment 256 #
Proposal for a regulation
Article 1 – paragraph 5 – introductory part
Article 1 – paragraph 5 – introductory part
5. This Regulation is without prejudice toshall not affect the rules laid down by the following:
Amendment 260 #
Proposal for a regulation
Article 1 – paragraph 5 a (new)
Article 1 – paragraph 5 a (new)
5 a. This Regulation shall not affect the possibility of Member States to adopt new legislation as well as to take regulatory measures, especially with regard to intermediary service providers that serve a legitimate public interest, in particular to protect the freedom of information and media or to foster the diversity of media and opinion or of cultural and linguistic diversity.
Amendment 261 #
Proposal for a regulation
Recital 18
Recital 18
(18) The exemptions from liability established in this Regulation should not apply where, instead of confining itself to providing the services neutrally, by a merely technical and, automatic and passive processing of the information provided by the recipient of the service, the provider of intermediary services plays an active role of such a kind as to give it knowledge of, or control over, that information. Those exemptions should accordingly not be available in respect of liability relating to information provided not by the recipient of the service but by the provider of intermediary service itself, including where the information has been developed under the editorial responsibility of that provider or where the intermediary service provider optimises or promotes content considered as legal, regardless of whether this process is automated.
Amendment 262 #
Proposal for a regulation
Article 1 a (new)
Article 1 a (new)
Article 1 a No circumvention of the rules set out in this Regulation 1. Any contractual provision between an intermediary service provider and a recipient of its service, between an intermediary service provider and a trader or between a recipient of its service and a trader, which is contrary to this Regulation, is invalid. 2. This Regulation shall apply irrespective of the law applicable to contracts.
Amendment 271 #
Proposal for a regulation
Article 2 – paragraph 1 – point q a (new)
Article 2 – paragraph 1 – point q a (new)
(q a) “media service provider” means the natural or legal person who has editorial responsibility for the content and services they offer, determines the manner in which it is organised, and complies with specific provisions or an audiovisual media service provider within the meaning of Article 1 paragraph 1(a) of Directive 2010/13/EU;
Amendment 275 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 (new)
Article 6 – paragraph 1 – subparagraph 1 (new)
Measures taken pursuant to paragraph 1 shall be effective, proportionate, specific, targeted and in accordance with the Charter.
Amendment 276 #
Proposal for a regulation
Recital 22
Recital 22
(22) In order to benefit from the exemption from liability for hosting services, the provider should, upon obtaining actual knowledge or awareness of illegal content, act expeditiously to remove or to disable access to that content. The removal or disabling of access should be undertaken in the observance of the principle of freedom of expression. The provider can obtain such actual knowledge or awareness through, in particular, its own-initiative investigations or notices submitted to it by individuals or entities in accordance with this Regulation in so far as those notices are sufficiently precise and adequately substantiated to allow a diligent economic operator to reasonably identify, assess and where appropriate act against the allegedly illegal content.
Amendment 279 #
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7 a Prohibition of interference with content and services offered by media service providers and press publishers 1. Intermediary service providers shall not remove, disable access to or otherwise interfere with content and services made available by media service providers, who hold the editorial responsibility and comply with provisions consistent with EU and national law or by publishers of press publications within the meaning of Article 2(4) of Directive (EU) 2019/790. Publishers' and media service providers’ accounts shall not be suspended on the grounds of legal content and services they offer. 2. This Article shall not affect the possibility for an independent judicial or administrative authority of requiring the media service provider to terminate or prevent an infringement of applicable Union or national law.
Amendment 302 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Providers of intermediary services shall act in a diligent, objective and proportionate manner in applying and enforcing the restrictions referred to in paragraph 1, with due regard to national and Union law, the rights and legitimate interests of all parties involved, including the applicable fundamental rights of the recipients of the service, in particular the freedom of expression and information, as enshrined in the Charter.
Amendment 305 #
Proposal for a regulation
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2 a. Terms and conditions, or specific provisions thereof, community standards or any other internal guidelines or tools implemented by an intermediary service provider shall not be applied contrary to Article 7a.
Amendment 307 #
Proposal for a regulation
Article 12 – paragraph 2 b (new)
Article 12 – paragraph 2 b (new)
2 b. Intermediary service providers shall notify media service providers and publishers of press publications pursuant to Article 7a beforehand of any proposed changes to their general terms and conditions and to their parameters or algorithms that might affect the organisation, presentation and display of content and services. The proposed changes shall not be implemented before the expiry of a notice period that is reasonable and proportionate to the nature and extent of the proposed changes and their impact on media service providers and their contents and services.That period shall begin on the date on which the online intermediary service provider notifies the media service providers of the proposed changes. The provision of new content and services on the intermediary services before the expiry of the notice period by a media service provider shall not be considered as a conclusive or affirmative action, given that such content is of particular importance for the exercise of fundamental rights, in particular the freedom of expression and information.
Amendment 312 #
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. Providers of intermediary services shall publish, at least once a year, clear, easily comprehensible and, detailed and accessible reports on any content moderation they engaged in during the relevant period. Those reports shall include, in particular, information on the following, as applicable:
Amendment 317 #
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1 a. Online marketplaces shall also publish, at least once a year, publicly available statistics on the proportion of content, goods or services offered by traders versus consumers and the location thereof.
Amendment 319 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Paragraph 1 and 1a shall not apply to providers of intermediary services that qualify as micro or small enterprises within the meaning of the Annex to Recommendation 2003/361/EC.
Amendment 320 #
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28a) Since media service providers hold editorial responsibility for the content and services they make available, such content and services should benefit from a specific regime that prevents a multiple control of those content and services. Those content and services are typically offered in accordance with professional and journalistic standards as well as legislation and are already subject to systems of supervision and control, often enshrined in commonly accepted self- regulatory standards and codes. In addition, media service providers usually have in place complaints handling mechanisms to resolve content-related disputes. Editorial responsibility means the exercise of effective control both over the selection of content and over its provision by means of its presentation, composition and organisation. Editorial responsibility does not necessarily imply any legal liability under national law for the content or the services provided. Intermediary service providers should refrain from removing, suspending or disabling access to any such content or services. Intermediary service providers should be exempt from liability for content and services offered by media service providers. A presumption of legality should exist in relation to the content and services provided by media service providers who carry out their activities in respect of European values and fundamental rights. Compliance by media service providers with these rules and regulations should be overseen by the respective independent regulatory authorities, bodies or both and the respective European networks they are organised in.
Amendment 321 #
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13 a Displaying the identity of business users A provider of intermediary services shall ensure that the legal name and the geographical address of the business user providing content, goods or services, and that business user’s status as a trader, is clearly visible alongside the content, goods or services offered prior to purchase.
Amendment 322 #
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13 a Display of the identity of traders Intermediary service providers shall ensure that the identity, such as the trademark or logo or other characteristic traits, of the provider providing content, goods or services on the intermediary services is clearly visible alongside the content, goods or services offered.
Amendment 336 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Notices that are adequately precise, substantiated and that include the elements referred to in paragraph 2 shall be considered to give rise to actual knowledge or awareness for the purposes of Article 5 in respect of the specific item of information concerned.
Amendment 408 #
Proposal for a regulation
Article 24 a (new)
Article 24 a (new)
Article 24 a Additional due diligence requirements for online marketplaces Online marketplaces shall take reasonable precautions such as regular spot checks on the products and services available on their platforms in order to identify products or services that do not comply with Union or national law and take necessary measures to partially or fully suspend infringing traders.
Amendment 412 #
Proposal for a regulation
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. Very large online platforms shall identify, analyse and assess, from the date of application referred to in the second subparagraph of Article 25(4), at least once a year thereafter, any significant systemic risks stemming from the functioning and use made of their services in the Union and shall submit a report of that risk assessment to the national competent authority of the Member State in which their legal representative is established. This risk assessment shall be specific to their services and shall include the following systemic risks:
Amendment 415 #
Proposal for a regulation
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) any negative effects for the exercise of the fundamental rights to respect for human dignity, private and family life, freedom of expression and information including the freedom and pluralism of the media, freedom of the art and science and the right to education, the prohibition of discrimination and the rights of the child, as enshrined in Articles 1, 7, 11, 13, 14, 21 and 24 of the Charter respectively;
Amendment 447 #
Proposal for a regulation
Recital 50 a (new)
Recital 50 a (new)
(50a) After having obtained the necessary contact information of a trader, which are aimed at ensuring consumer rights, a provider of intermediary services needs to verify that these details are consistently being updated and accessible for consumers. Therefore, it shall conduct regular and randomized checks on the information provided by the traders on its platform. To ensure a consistent display of these contact information, intermediary services should establish mandatory designs for the inclusion of these contact information. A content, good or service shall only be displayed after all necessary information are made available by the business user.
Amendment 476 #
Proposal for a regulation
Article 38 a (new)
Article 38 a (new)
Article 38 a Relation to sector-specific provisions The application of these provisions does not affect areas that are subject to sector- specific regulation and provisions. In these areas, the responsibility for enforcing the provisions lies with the competent national authorities, which are organised in European networks. Within these networks, the competent authorities shall establish suitable procedures that allow for effective coordination and consistent application and enforcement of this Regulation.
Amendment 480 #
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
1. The Board shall be composed of the Digital Services Coordinators, who shall be represented by high-level officials. Where provided for by national law, other competent authorities entrusted with specific operational responsibilities for the application and enforcement of this Regulation alongside the Digital Services Coordinator, notably representatives of European regulatory networks of independent national regulatory authorities, bodies or both, shall participate in the Board. Other national authorities may be invited to the meetings, where the issues discussed are of relevance for them.
Amendment 488 #
Proposal for a regulation
Recital 58 a (new)
Recital 58 a (new)
(58a) Mitigation of risks, which would lead to removal, disabling access to or otherwise interfering with media services and content for which a media service provider holds editorial responsibility, should not be considered reasonable or proportionate.
Amendment 508 #
Proposal for a regulation
Recital 65 a (new)
Recital 65 a (new)
(65a) Due to their market position, very large online platforms have developed an increasing influence over society’s social, economic, and political interactions. Consumers face a lock-in situation, which may lead them into accepting unfavourable terms and conditions to participate in the services provided by these very large online platforms. To restore a competitive market and to allow consumers more choices, very large online platforms should be required to setup the necessary technical access points to create interoperability for their core services, with a view to allowing competitors a fairer market access and enabling more choice for consumers, while at the same time complying with privacy, security and safety standards. These access points should create interoperability for other online platform services of the same type, without the need to convert digital content or services to ensure functionality.
Amendment 536 #
Proposal for a regulation
Recital 73 a (new)
Recital 73 a (new)
(73a) The designation of a Digital Services Coordinator in the Member Stat should be without prejudice to already existing enforcement mechanisms, such as in electronical communication or media regulation, and independent regulatory structures in these fields as defined by European and national law. The competences of the Digital Services Coordinator should not interfere with those of the appointed authorities. For ensuring coordination and for contributing to the effective consistent application and enforcement of this Regulation throughout the Union, the different European networks, in particular the European Regulators Group for Audiovisual Media Services (ERGA) and the Body of European Regulators for Electronic Communications (BEREC), should be responsible. For the effective implementation of this task, these networks should develop suitable procedures to be applied in cases concerning this Regulation.
Amendment 624 #
Proposal for a regulation
Article 1 – paragraph 5 – introductory part
Article 1 – paragraph 5 – introductory part
5. This Regulation is without prejudice toshall and will not affect the rules laid down by the following:
Amendment 643 #
Proposal for a regulation
Article 1 – paragraph 5 a (new)
Article 1 – paragraph 5 a (new)
5a. This Regulation shall not affect the possibility of Member States to adopt new legislation as well as to take regulatory measures, especially with regard to intermediary service providers that serve a legitimate public interest, in particular to protect the freedom of information and media or to foster the diversity of media and opinion or of cultural and linguistic diversity.
Amendment 645 #
Proposal for a regulation
Article 1 a (new)
Article 1 a (new)
Article 1a No circumvention of the rules set out in this Regulation 1. Any contractual provision between an intermediary service provider and a recipient of its service, between an intermediary service provider and a trader or between a recipient of its service and a trader, which is contrary to this Regulation, is invalid. 2. This Regulation shall apply irrespective of the law applicable to contracts.
Amendment 734 #
Proposal for a regulation
Article 2 – paragraph 1 – point q a (new)
Article 2 – paragraph 1 – point q a (new)
(qa) “media service provider” means the natural or legal person who has editorial responsibility for the content and services they offer, determines the manner in which it is organised, and complies with specific provisions or an audiovisual media service provider within the meaning of Article 1 paragraph 1(a) of Directive 2010/13/EU;
Amendment 789 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
Measures taken pursuant to paragraph 1 shall be effective, proportionate, specific, targeted and in accordance with the Charter
Amendment 798 #
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7a Prohibition of interference with content and services offered by media service providers and press publishers 1. Intermediary service providers shall not remove, disable access to or otherwise interfere with content and services made available by media service providers, who hold the editorial responsibility and comply with provisions consistent with EU and national law or by publishers of press publications within the meaning of Article 2(4) of Directive (EU) 2019/790. Publishers' and media service providers’ accounts shall not be suspended on the grounds of legal content and services they offer. 2. This Article shall not affect the possibility for an independent judicial or administrative authority of requiring the media service provider to terminate or prevent an infringement of applicable Union or national law.
Amendment 940 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Providers of intermediary services shall act in a diligent, objective and proportionate manner in applying and enforcing the restrictions referred to in paragraph 1, with due regard to national and Union law, the rights and legitimate interests of all parties involved, including the applicable fundamental rights of the recipients of the service, in particular the freedom of expression and information, as enshrined in the Charter.
Amendment 951 #
Proposal for a regulation
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. Terms and conditions, or specific provisions thereof, community standards or any other internal guidelines or tools implemented by an intermediary service provider shall not be applied contrary to Article 7a.
Amendment 956 #
Proposal for a regulation
Article 12 – paragraph 2 b (new)
Article 12 – paragraph 2 b (new)
2b. Intermediary service providers shall notify media service providers pursuant to article 7a beforehand of any proposed changes to their general terms and conditions and to their parameters or algorithms that might affect the organisation, presentation and display of content and services. The proposed changes shall not be implemented before the expiry of a notice period that is reasonable and proportionate to the nature and extent of the proposed changes and their impact on media service providers and their contents and services. That period shall begin on the date on which the online intermediary service provider notifies the media service providers of the proposed changes. The provision of new content and services on the intermediary services before the expiry of the notice period by a media service provider shall not be considered as a conclusive or affirmative action, given that such content is of particular importance for the exercise of fundamental rights, in particular the freedom of expression and information.
Amendment 1015 #
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Amendment 1017 #
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13a Display of the identity of traders Intermediary service providers shall ensure that the identity, such as the trademark or logo or other characteristic traits, of the provider providing content, goods or services on the intermediary services is clearly visible alongside the content, goods or services offered.
Amendment 1059 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Notices that include the elements referred to in paragraph 2 shall be considered to give rise to actual knowledge or awareness for the purposes of Article 5 in respect of the specific item of information concerned. A provider shall be exempted from liability despite knowledge for a time that is appropriate to take an informed decision on the matter.
Amendment 1063 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Notices that are adequately precise, substantiated and that include the elements referred to in paragraph 2 shall be considered to give rise to actual knowledge or awareness for the purposes of Article 5 in respect of the specific item of information concerned.
Amendment 1078 #
Proposal for a regulation
Article 14 – paragraph 6 a (new)
Article 14 – paragraph 6 a (new)
6a. Where an online platform that allows consumers to conclude distance contracts with traders, detects and identifies illegal goods or services, it shall be obliged to establish an internal database of those goods and services that had previously been taken down by the online platform because they had been found to be illegal or harmful. They shall, under the inclusion of elements listed in the Rapid Exchange of Information System (RAPEX) and other relevant public databases, scan their database on a daily basis to detect illegal goods and services. If this process detects a good or service that has previously been found to be illegal or harmful, the online platform shall be obliged to delete the content expeditiously.
Amendment 1547 #
Proposal for a regulation
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. Very large online platforms shall identify, analyse and assess, from the date of application referred to in the second subparagraph of Article 25(4), at least once a year thereafter, any significant systemic risks stemming from the functioning and use made of their services in the Union and shall submit a report of that risk assessment to the national competent authority of the Member State in which their legal representative is established. This risk assessment shall be specific to their services and shall include the following systemic risks:
Amendment 1562 #
Proposal for a regulation
Article 26 – paragraph 1 – point b
Article 26 – paragraph 1 – point b
(b) any negative effects for the exercise of the fundamental rights to respect for human dignity, private and family life, freedom of expression and information including the freedom and pluralism of the media, freedom of the art and science and the right to education, the prohibition of discrimination and the rights of the child, as enshrined in Articles 1, 7, 11, 13, 14, 21 and 24 of the Charter respectively;
Amendment 1809 #
Proposal for a regulation
Article 33 a (new)
Article 33 a (new)
Article 33a Interoperability 1. Very large online platforms shall provide, by creating and offering an application programming interface, options enabling the interoperability of their core services to other online platforms. 2. Application programming interfaces should be easy to use, while the processing of personal data shall only be possible in a manner that ensures appropriate security of these data. Measures under paragraph (1) may not limit, hinder or delay the ability of content hosting platforms to fix security issues, nor should the need to fix security issues lead to an undue delay for the provision on interoperability. 3. This Article is without prejudice to any limitations and restrictions set out in Regulation (EU) 2016/679.
Amendment 1811 #
Proposal for a regulation
Article 34 – paragraph 1 – introductory part
Article 34 – paragraph 1 – introductory part
1. The Commission shall support and promote the development and implementation of voluntary industry standards set by relevant European and international standardisation bodies, and whenever available widely-used information and communication technology standards that meet the requirements set out in Annex II of Regulation No. 1025/2012, at least for the following:
Amendment 1822 #
Proposal for a regulation
Article 34 – paragraph 1 – point e
Article 34 – paragraph 1 – point e
(e) interoperability of the advertisement repositories referred to in Article 30(2), and the APIs referred to in Article 33a;
Amendment 1919 #
Proposal for a regulation
Article 38 a (new)
Article 38 a (new)
Article 38a Relation to sector-specific provisions The application of these provisions does not affect areas that are subject to sector- specific regulation and provisions. In these areas, the responsibility for enforcing the provisions lies with the competent national authorities, which are organised in European networks. Within these networks, the competent authorities shall establish suitable procedures that allow for effective coordination and consistent application and enforcement of this Regulation.
Amendment 2050 #
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
1. The Board shall be composed of the Digital Services Coordinators, who shall be represented by high-level officials. Where provided for by national law, other competent authorities entrusted with specific operational responsibilities for the application and enforcement of this Regulation alongside the Digital Services Coordinator, notably representatives of European regulatory networks of independent national regulatory authorities, bodies or both, shall participate in the Board . Other national authorities may be invited to the meetings, where the issues discussed are of relevance for them.