26 Amendments of Philippe JUVIN related to 2018/0090(COD)
Amendment 103 #
Proposal for a directive
Recital 19
Recital 19
(19) Specific transparency requirements for online marketplaces should therefore be provided in Directive 2011/83/EU to inform consumers using online marketplaces about the main parameters determining ranking of offers and their relative importance, whether they enter into a contract with a trader or a non-trader (such as another consumer), whether consumer protection law applies and which trader is responsible for the performance of the contract and for ensuring consumer rights when these rights apply. This information should be provided in a clear and comprehensible manner and not only through a reference in the standard Terms and Conditions or similar contractual document. The information requirements for online marketplaces should be proportionate and need to strike a balance between a high level of consumer protection and the competitiveness of online marketplaces. Online marketplaces should not be required to list specific consumer rights when informing consumers about their applicability or non- applicability. The information to be provided about the responsibility for ensuring consumer rights depends on the contractual arrangements between the online marketplace and the relevant third party traders. Online marketplace may refer to the third party trader as being solely responsible for ensuring consumer rights or describe its specific responsibilities where it assumes the responsibility for certain aspects of the contract, for example, delivery or the exercise of the right of withdrawal. The obligation to provide information about the main parameters determining ranking of search results and their relative importance is without prejudice to any trade secrets regarding the underlying algorithms. This information should explain the main default parameters used by the marketplace but does not have to be presented in a customized manner for each individual search query.
Amendment 109 #
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
Amendment 196 #
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive 2005/29/EC
Article 2 – paragraph 1 – point m (new)
Article 2 – paragraph 1 – point m (new)
(-1) In Article 2, paragraph 1, the following point is added: “(m) ‘online platform’ means an online service which provides services, including: (i) enabling consumers to conclude contracts for the supply of goods, services or digital content with suppliers within an electronic environment controlled by the platform operator; (ii) enabling suppliers to place advertisements within an electronic environment controlled by the platform operator which can be browsed by customers in order to contact suppliers and to conclude a contract outside the platform; (iii) offering comparison or other services to customers that identify relevant suppliers of goods, services or digital content and direct customers to those suppliers’ web sites or contact details; (iv) enabling platform users to rate or review suppliers, customers or other users, or goods, services or digital content offered by suppliers.”
Amendment 218 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Directive 2005/29/EC
Article 7 – paragraph 4 – point f (new)
Article 7 – paragraph 4 – point f (new)
(3a) In Article 7(4), the following point is added: "(f) for products or services offered through online platforms, the main parameters of ranking of offers presented to the consumer as result of a search query, and their relative importance;”
Amendment 222 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 b (new)
Article 1 – paragraph 1 – point 3 b (new)
(3b) In Article 7(4), the following point is added: “(g) for products or services offered by the third party through an online platform, information whether this third party is a trader or not;”
Amendment 225 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 c (new)
Article 1 – paragraph 1 – point 3 c (new)
Directive 2005/29/EC
Article 7 – paragraph 4 – points h (new)
Article 7 – paragraph 4 – points h (new)
(3c) In Article 7(4), the following point is added: “(h) for products or services offered on the online platforms, information whether the consumer rights stemming from Union consumer legislation apply or not and if yes, which trader is responsible for ensuring their application in relation to the contract;”
Amendment 228 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 d (new)
Article 1 – paragraph 1 – point 3 d (new)
Directive 2005/29/EC
Article 7 – paragraph 4 – points i (new)
Article 7 – paragraph 4 – points i (new)
(3d) In Article 7(4), the following point is added: “(i) for products or services offered on online platforms, information whether and how algorithms or automated decision making were used, to present offers or determine prices, including personalised pricing techniques.”
Amendment 229 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 e (new)
Article 1 – paragraph 1 – point 3 e (new)
Directive 2005/29/EC
Article 7 – paragraph 4 – point j (new)
Article 7 – paragraph 4 – point j (new)
(3e) In Article 7(4), the following point is added: “(j) for customer reviews displayed on platforms with commercial purposes, the control of the reviews’ reliability, and its main characteristics, if such a control exists.”
Amendment 271 #
Proposal for a directive
Article 1 – paragraph 1 – point -6 (new)
Article 1 – paragraph 1 – point -6 (new)
Directive 2005/29/EC
Annex I – point 6 a (new)
Annex I – point 6 a (new)
(-6) The following point 6a is added to Annex I: Show a price reduction without indicating the reference price on which the announcement of the price reduction is based and without being able to show it to have been the price in the 30 days prior to the announcement.
Amendment 308 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point d
Article 2 – paragraph 1 – point 1 – point d
Directive 2011/83/EU
Article 2 – paragraph 1 – point 19
Article 2 – paragraph 1 – point 19
(19) ‘online marketplace’ means a service provider which allows consumers to conclude onlineplatform’ means an online public communication service based on: – the classification or listing, by means of computer algorithms, of content, goods or services offered or placed online by third parties; – and/or bringing multiple parties into contracts with traders and consumers on the online marketplace’s online interfaa view to selling goods, providing services or exchanging or sharing content, goods or services;
Amendment 310 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point d
Article 2 – paragraph 1 – point 1 – point d
Directive 2011/83/EU
Article 2 – paragraph 1 – point 20
Article 2 – paragraph 1 – point 20
(20) ‘online interface’ means online interface as defined in point (16) of Article 2 of Regulation (EU) 2018/302platform operator’ means any natural or legal person offering, in a professional capacity, whether or not in exchange for remuneration, a public communication service via an online platform’.
Amendment 311 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point d
Article 2 – paragraph 1 – point 1 – point d
Directive 2011/83/EU
Article 2 – paragraph 1 – point 20 a (new)
Article 2 – paragraph 1 – point 20 a (new)
(20a) ‘online opinion’ means any expression of a consumer’s opinion regarding their consumer experience by means of any assessment element, whether qualitative or quantitative, placed on an online platform.
Amendment 325 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 a (new)
Article 2 – paragraph 1 – point 3 a (new)
Directive 2011/83/EU
Article 6 – paragraph 1 – point s a (new)
Article 6 – paragraph 1 – point s a (new)
(3a) In Article 6(1), the following point is inserted: “(sa) where applicable, the existence of a control of the customer reviews’ reliability, and its main characteristics;”
Amendment 328 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – Title
Article 6 a – Title
Additional information requirements for contracts concluded on online marketplaceplatforms
Amendment 329 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – Title
Article 6 a – Title
Additional information requirements for contracts concluded on online marketplaceonline platforms
Amendment 330 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 – introductory part
Article 6 a – paragraph 1 – introductory part
Before a consumer is bound by a distance contract, or any corresponding offer, on an online marketplaceplatform, the online marketplaceplatform operator shall in addition provide the following information in a fair, clear and transparent manner:
Amendment 332 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 – introductory part
Article 6 a – paragraph 1 – introductory part
Before a consumer is bound by a distance contract, or any corresponding offer, on an online marketplaceplatforms, the online marketplaceplatforms shall in addition provide the following information:
Amendment 333 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 – point a
Article 6 a – paragraph 1 – point a
(a) the main parameters determinethods for referencing, ranking and dereferencing the content of offers presented to the consumer as a result of his search query on the online marketplaceplatform, indicating the default ranking criteria, their main parameters and their relative weighting;
Amendment 339 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 – point a
Article 6 a – paragraph 1 – point a
(a) the main parameters determining ranking of offers and their relative importance presented to the consumer as result of his search query on the online marketplaceplatforms;
Amendment 347 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 – point b
Article 6 a – paragraph 1 – point b
(b) whether the third party offering the goods, services or digital content is a trader or not,consumer reviews related to the offered product or service have been subject to a control onf the basis of the declaration of that third party to the online marketplaceir reliability, and if so, a description of the main characteristics of such control;
Amendment 349 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 – point b
Article 6 a – paragraph 1 – point b
(b) whether the third party offering the goods, services or digital content is a trader or not, on the basis of the declaration of that third party to the online marketplaceplatforms;
Amendment 351 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 – point c
Article 6 a – paragraph 1 – point c
(c) whether consumer rights stemming from Union consumer legislation apply or not to the contract concluded; and
Amendment 352 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 – point d
Article 6 a – paragraph 1 – point d
(d) where the contract is concluded with a trader, which trader is responsible for ensuring the application of consumer rights stemming from Union consumer legislation in relation to the contract. This requirement is without prejudice to the responsibility that the online marketplace may have or may assume with regard to specific elements of the contract.; and
Amendment 353 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 – point d a (new)
Article 6 a – paragraph 1 – point d a (new)
(da) whether and how algorithms or automated decision making were used, to present offers or determine prices, including personalised pricing techniques. Member States may maintain or introduce in their national law additional information requirements.
Amendment 363 #
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 a (new)
Article 6 a – paragraph 1 a (new)
After the consumer is bound by a distance or off-premises contract, or any corresponding offer, on an online marketplace, and where the offer for the good or service that has been sold was notified to and removed by the online marketplace on grounds that it is illegal, the online marketplace shall promptly provide the following information to the consumer in a clear and comprehensible manner: (a) that the product or service sold or the offer thereof is illegal or apparently illegal and was removed; (b) the identity of the trader that placed the offer, which was removed; (c) the reason why the offer was removed.
Amendment 373 #
Proposal for a directive
Article 2 – paragraph 1 – point 4 a (new)
Article 2 – paragraph 1 – point 4 a (new)
Directive 2011/83/EU
Article 6 b (new)
Article 6 b (new)