63 Amendments of Andrey KOVATCHEV related to 2020/0361(COD)
Amendment 186 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) Moreover, complex national regulatory requirements, fragmented implementation and insufficient enforcement of legislation such as Directive 2000/31/EC have contributed to high administrative costs and legal uncertainty for intermediary services operating on the internal market, especially micro, small and medium sized companies.
Amendment 213 #
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 provisionfully harmonises the rules applicable to intermediary services in the internal market with the objective to ensure a safe and trusted online environment, effective protection of fundamental rights and a favourable business climate. Accordingly, Member States should not adopt or maintain additional national requirements on those matters falling within the scope of this Regulation. This does not preclude the possibility to apply other national legislation applicable to providers of intermediary services, in particular Directive 2000/31/ECaccordance with Union law, including Directive 2000/31/EC, in particular its Article 3, 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 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 level. . __________________ 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 278 #
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 expedwitihouslt undue delay 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 282 #
Proposal for a regulation
Recital 23
Recital 23
(23) In order to ensure the effective protection of consumers when engaging in intermediated commercial transactions online, certain providers of hosting services, namely, online platforms that allow consumers to conclude distance contracts with traders as a functionality of their service, should not be able to benefit from the exemption from liability for hosting service providers established in this Regulation, in so far as those online platforms present the relevant information relating to the transactions at issue in such a way that it leads consumers to believe that the information was provided by those online platforms themselves or by recipients of the service acting under their authority or control, and that those online platforms thus have knowledge of or control over the information, even if that may in reality not be the case. This is the case where the online platform operator fails to clearly display the identity of the trader following this Regulation. In that regard, is should be determined objectively, on the basis of all relevant circumstances, whether the presentation could lead to such a belief on the side of an average and reasonably well-informed consumer. In particular, it is relevant whether the online platform operator withholds such identity or contract details until after the conclusion of the trader- consumer contract, or is marketing the product or service in its own name rather than using the name of the trader who will supply it.
Amendment 291 #
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) Consumers should be able to safely purchase products and services online, irrespective of whether a product or service has been produced in the Union. For that reason, traders from third countries should establish a legal representative in the Union to whom claims regarding product safety could be addressed. Providers of intermediary services from inside the Union as well as from third countries should ensure compliance with product requirements set out in Union law.
Amendment 315 #
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 specific and properly identified 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.
Amendment 358 #
Proposal for a regulation
Recital 36 a (new)
Recital 36 a (new)
(36a) Providers of intermediary services should also establish a single point of contact for recipients of services, allowing rapid, direct and efficient communication.
Amendment 362 #
Proposal for a regulation
Recital 38
Recital 38
(38) Whilst the freedom of contract of providers of intermediary services should in principle be respected, it is appropriate to set certain rules on the content, application and enforcement of the terms and conditions of those providers in the interests of transparency, the protection of recipients of the service and the avoidance of unfair or arbitrary outcomes. Obligations related to terms and conditions should not oblige a provider of an intermediary service to disclose information that will lead to significant vulnerabilities for the security of its service or the protection of confidential information, in particular trade secrets or intellectual property rights.
Amendment 385 #
Proposal for a regulation
Recital 41
Recital 41
(41) The rules on such notice and action mechanisms should be harmonised at Union level, so as to provide for the timely, diligent and objective processing of notices on the basis of rules that are uniform, transparent and clear and that provide for robust safeguards to protect the right and legitimate interests of all affected parties, in particular their fundamental rights guaranteed by the Charter, irrespective of the Member State in which those parties are established or reside and of the field of law at issue. The fundamental rights include, as the case may be, the right to freedom of expression and information, the right to respect for private and family life, the right to protection of personal data, the right to non-discrimination and the right to an effective remedy of the recipients of the service; the freedom to conduct a business, including the freedom of contract, of service providers; as well as the right to human dignity, the rights of the child, the right to protection of property, including intellectual property, and the right to non- discrimination of parties affected by illegal content. Providers of hosting services should act upon notices without undue delay, taking into account the type of illegal content that is being notified and the urgency of taking action. The provider of hosting services should inform the individual or entity notifying the specific content of its decision without undue delay after taking a decision whether to act upon the notice or not.
Amendment 418 #
Proposal for a regulation
Recital 47
Recital 47
(47) The misuse of services of online platforms by frequently providing manifestly illegal content or by frequently submitting manifestly unfounded notices or complaints under the mechanisms and systems, respectively, established under this Regulation undermines trust and harms the rights and legitimate interests of the parties concerned. Therefore, there is a need to put in place appropriate and proportionate safeguards against such misuse. Information should be considered to be manifestly illegal content and notices or complaints should be considered manifestly unfounded where it is evident to a layperson, without any substantive analysis, that the content is illegal respectively that the notices or complaints are unfounded. Under certain conditions, online platforms should temporarily suspend their relevant activities in respect of the person engaged in abusive behaviour. This is without prejudice to the freedom by online platforms to determine their terms and conditions and establish stricter measures in the case of manifestly illegal content related to serious crimes, with due regard to the rights and legitimate interests of all parties involved, including the applicable fundamental rights of the recipients of the service as enshrined in the Charter. Providers of hosting services could, as a voluntary measure, introduce own-investigation measures to prevent accounts which have previously been identified as illegal from reappearing once removed. The obligations related to notice and action should by no means impose general monitoring obligations. For reasons of transparency, this possibility should be set out, clearly and in sufficiently detail, in the terms and conditions of the online platforms. Redress should always be open to the decisions taken in this regard by online platforms and they should be subject to oversight by the competent Digital Services Coordinator. The rules of this Regulation on misuse should not prevent online platforms from taking other measures to address the provision of illegal content by recipients of their service or other misuse of their services, in accordance with the applicable Union and national law. Those rules are without prejudice to any possibility to hold the persons engaged in misuse liable, including for damages, provided for in Union or national law.
Amendment 455 #
Proposal for a regulation
Recital 52
Recital 52
(52) Online advertisement plays an important role in the online environment, including in relation to the provision of the services of online platforms. However,Online advertising is a significant source of financing for many digital business models and an effective tool to reach new customers, not least for small- and medium sized companies. However, there are some instances when online advertisement can contribute to significant risks, ranging from advertisement that is itself illegal content, to contributing to financial incentives for the publication or amplification of illegal or otherwise harmful content and activities online, or the discriminatory display of advertising with an impact on the equal treatment and opportunities of citizens. To ensure consumer protection online advertisement should be subject to proportionate and meaningful transparency obligations. In addition to the requirements resulting from Article 6 of Directive 2000/31/EC, online platforms should therefore be required to ensure that the recipients of the service have certain individualised information necessary for them to understand when and on whose behalf the advertisement is displayed. In addition, recipients of the service should have information on the main parameters used for determining that specific advertising is to be displayed to them, providing meaningful explanations of the logic used to that end, including when this is based on profiling. The requirements of this Regulation on the provision of information relating to advertisement is without prejudice to the application of the relevant provisions of Regulation (EU) 2016/679, in particular those regarding the right to object, automated individual decision-making, including profiling and specifically the need to obtain consent of the data subject prior to the processing of personal data for targeted advertising. Similarly, it is without prejudice to the provisions laid down in Directive 2002/58/EC in particular those regarding the storage of information in terminal equipment and the access to information stored therein.
Amendment 761 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) upon obtaining such knowledge or awareness, acts expedwitihouslt undue delay to remove or to disable access to the illegal content.
Amendment 790 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
Providers of intermediary services shall ensure that such measures are accompanied with appropriate safeguards, such as oversight, documentation and traceability or additional measures to ensure that own- initiative investigations are accurate, legally justified and do not lead to over- removal of content.
Amendment 925 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Providers of intermediary services shall include information on any restrictions that they impose in relation to the use of their service in respect of information provided by the recipients of the service, in their terms and conditions. That information shall include information on any policies, procedures, measures and tools used for the purpose of content moderation, including information about algorithmic decision-making and human review. ItProviders of intermediary services shall also include information on the right to terminate the use of the service. The possibility to terminate must be easily accessible for the user. Information on remedies and redress mechanisms shall also be included in the terms and conditions. The terms and conditions shall be set out in clear and unambiguous language and shall be publicly available in an easily accessible format.
Amendment 1027 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Providers of hosting services shall put mechanisms in place to allow any individual or entity to notify them of the presence on their service of specific items of information that the individual or entity considers to be illegal content or information that is incompatible with the terms and conditions of the provider. Those mechanisms shall be easy to access, user- friendly, and allow for the submission of notices exclusively by electronic means.
Amendment 1035 #
Proposal for a regulation
Article 14 – paragraph 2 – introductory part
Article 14 – paragraph 2 – introductory part
2. The mechanisms referred to in paragraph 1 shall be such as to facilitate the submission of sufficiently precise and adequately substantiated notices, on the basis of which a diligent economic operator can identify the illegality or incompatibility of the content in question. To that end, the providers shall take the necessary measures to enable and facilitate the submission of notices containing all of the following elements:
Amendment 1039 #
Proposal for a regulation
Article 14 – paragraph 2 – point a
Article 14 – paragraph 2 – point a
(a) an explanation of the reasons why the individual or entity considers the information in question to be illegal content or incompatible with the provider’s terms and conditions;
Amendment 1046 #
Proposal for a regulation
Article 14 – paragraph 2 – point b
Article 14 – paragraph 2 – point b
(b) a clear indication of the electronic location of that information, in particular the exact URL or URLs, and, where necessary, additional information enabling the identification of the illegal or incompatible content;
Amendment 1060 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Notices that include the elements referred to in paragraph 2 on the basis of which a diligent provider of hosting services is able to assess the illegality of the content in question, 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 1064 #
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Where the notice contains the name and an electronic mail address of the individual or entity that submitted it, the provider of hosting services shall promptly, without undue delay, send a confirmation of receipt of the notice to that individual or entity.
Amendment 1081 #
Proposal for a regulation
Article 14 – paragraph 6 a (new)
Article 14 – paragraph 6 a (new)
6a. Providers of hosting services could, as a voluntary measure in line with provisions Article 6, conduct own- investigation measures to prevent illegal content which has previously been identified as illegal from being disseminated again once removed. The obligations related to paragraph 1 to 6 shall by no means impose general monitoring obligations on hosting services.
Amendment 1120 #
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Providers of hosting services shall publishupon request share the decisions and the statements of reasons, referred to in paragraph 1 in a publicly accessible database managed by the Commissionwith the Digital Service Coordinator of establishment. That information shall not contain personal data.
Amendment 1144 #
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Online platforms shall provide recipients of the service, and individuals or entities that have submitted a notice, for a period of at least six months following the decision referred to in this paragraph, the access to an effective internal complaint-handling system, which enables the complaints to be lodged electronically and free of charge, against the decision taken by the provider of the online platform not to act upon the receipt of a notice or against the following decisions taken by the online platform on the ground that the information provided by the recipients is illegal content or incompatible with its terms and conditions:
Amendment 1151 #
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) decisions whether or not to remove or disable access to or restrict visibility of the information;
Amendment 1157 #
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) decisions to remove or not to remove or disable access to the information;
Amendment 1158 #
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) decisions to suspend or terminate or not to suspend or terminate the provision of the service, in whole or in part, to the recipients;
Amendment 1160 #
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) decisions whether or not to suspend or terminate the provision of the service, in whole or in part, to the recipients;
Amendment 1161 #
Proposal for a regulation
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
(c) decisions to suspend or terminate or not to suspend or terminate the recipients’ account.
Amendment 1162 #
Proposal for a regulation
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
(c) decisions whether or not to suspend or terminate the recipients’ account.
Amendment 1165 #
Proposal for a regulation
Article 17 – paragraph 1 – point c a (new)
Article 17 – paragraph 1 – point c a (new)
(ca) decisions whether or not to restrict the ability to monetise content provided by the recipients;
Amendment 1166 #
Proposal for a regulation
Article 17 – paragraph 1 – point c a (new)
Article 17 – paragraph 1 – point c a (new)
(ca) decisions to radically restrict the visibility of content provided by the recipients,
Amendment 1171 #
Proposal for a regulation
Article 17 – paragraph 1 – point c b (new)
Article 17 – paragraph 1 – point c b (new)
(cb) decisions to restrict the ability to monetise content provided by the recipients,
Amendment 1172 #
Proposal for a regulation
Article 17 – paragraph 1 – point c b (new)
Article 17 – paragraph 1 – point c b (new)
(cb) decisions whether or not to apply labels or additional information on content.
Amendment 1236 #
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point e
Article 18 – paragraph 2 – subparagraph 1 – point e
(e) the dispute settlement takes place in accordance with clear and fair rules of procedure that are clearly visible and easily accessible to all parties concerned and in full compliance with all applicable law.
Amendment 1269 #
Proposal for a regulation
Article 19 – paragraph 2 – point a
Article 19 – paragraph 2 – point a
(a) it has particular expertise and competence for the purposes of detecting, identifying and notifying illegal content or an incompatibility of the content with the platform’s terms and conditions;;
Amendment 1321 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Online platforms shall suspend, for a reasonable period of time and after having issued a prior warning, the provision of their services to recipients of the service that frequently provide manifestly illegal content or that is incompatible with their terms and conditions.
Amendment 1349 #
Proposal for a regulation
Article 20 – paragraph 4 a (new)
Article 20 – paragraph 4 a (new)
4a. Providers of hosting services could, as a voluntary measure in line with provisions Article 6, conduct own- investigation measures to prevent suspended accounts from reappearing before the suspension is lifted. The obligations related to paragraph 1 to 4 shall by no means impose general monitoring obligations on hosting services.
Amendment 1376 #
Proposal for a regulation
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
1. Where an online platform allows consumers to conclude distance contracts with traders, itan online platform shall ensure that traders can only use its services to promote messages on or to offer products or services to consumers located in the Union if, prior to the use of its services, the online platform has obtained the following information:
Amendment 1377 #
Proposal for a regulation
Article 22 – paragraph 1 – point a
Article 22 – paragraph 1 – point a
Amendment 1379 #
Proposal for a regulation
Article 22 – paragraph 1 – point a a (new)
Article 22 – paragraph 1 – point a a (new)
(a) the first and last name of the trader that is an individual and legal name of the trader that is an entity; (b) the primary address of the trader; (c) the telephone number and electronic mail address of the trader;
Amendment 1383 #
Proposal for a regulation
Article 22 – paragraph 1 – point c
Article 22 – paragraph 1 – point c
(c) the bank account details of the trader, where the trader is a natural personas defined by Council Directive 2011/16/EU of 15 February 2011 on administrative cooperation in the field of taxation, the Financial Account Identifier to which the Consideration is paid or credited, insofar as it is available to the online platform;
Amendment 1387 #
Proposal for a regulation
Article 22 – paragraph 1 – point d
Article 22 – paragraph 1 – point d
Amendment 1392 #
Proposal for a regulation
Article 22 – paragraph 1 – point f
Article 22 – paragraph 1 – point f
(f) a self-certification by the trader committing to only offer products or services that comply with the applicable rules of Union law; where such commitment is included in the Terms and Conditions of the platform, the trader is exempt from the self-certification.
Amendment 1409 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The online platform shall, upon receiving that information, make reasonable efforts to assess whether the information provided by the trader, as referred to in points (a), (d), (c) and (e) of paragraph 1 is reliable through the use of any freely accessible official online databastrustworthy independent source or online interface made available by a Member States or the Union or through requests to the trader to provide supporting documents from reliable sources.
Amendment 1414 #
Proposal for a regulation
Article 22 – paragraph 3 – subparagraph 1
Article 22 – paragraph 3 – subparagraph 1
Where the online platform obtains indications that any item ofa trader does not provide the information referquired to inunder paragraph 1 obtained from the trader concerned is inaccurate or incomplete, that platform shalafter two reminders following the initial request by the trader to correct the information in so far as necessary to ensure that all information is accurate and complete, without delay or within the time period set by Union and national law.online platform, but not prior to the expiration of 60 days, the latter shall
Amendment 1420 #
Proposal for a regulation
Article 22 – paragraph 3 – subparagraph 2
Article 22 – paragraph 3 – subparagraph 2
Amendment 1434 #
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
4. The online platform shall store the information obtained pursuant to paragraph 1 and 2 in a secure manner for the duration of their contractual relationship with the trader concerned. They shall subsequently delete the information in accordance with relevant national and/or Union laws.
Amendment 1446 #
Proposal for a regulation
Article 22 – paragraph 6 – subparagraph 1 a (new)
Article 22 – paragraph 6 – subparagraph 1 a (new)
Parts of the information may not be disclosed for privacy reasons. In these cases, the platform shall disclose the information in a way that is not detrimental to the trader’s business operations. The online platform shall also provide effective means for the recipients of the service to enter in direct contact with the trader, through any electronic means, including those made available by the online platform.
Amendment 1459 #
Proposal for a regulation
Article 22 a (new)
Article 22 a (new)
Article 22a Obligation to inform consumers and authorities about illegal products and services 1. Where an online platform allows consumers to conclude distance contracts with traders, it shall be subject to additional information obligations for consumers. Where the online platform becomes aware of the illegal nature of a product or services offered by a trader on its interface it shall: (a) immediately remove the illegal product from its interface and inform relevant authorities about it; (b) maintain an internal database of content removed and/or recipients suspended pursuant to Article 20 to be used by internal content moderation systems tackling the identified risks; (c) where the online platform has the contact details of the recipients of its services, inform such recipients of the service that have purchased said product or service during the past twelve months about the illegality, the identity of the trader and options for seeking redress; (d) compile and make publicly available through application programming interfaces a repository containing information about illegal products and services removed from its platform in the past six months along with information about the concerned trader and options for seeking redress.
Amendment 1490 #
Proposal for a regulation
Article 24 – paragraph 1 – point b
Article 24 – paragraph 1 – point b
(b) the natural or legal person on whose behalf the advertisement is displayed and the natural or legal person who finances the advertisement;
Amendment 1510 #
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
2. Online platforms shall provide information mentioned in paragraph 1 to public authorities, upon their request, in order to determine accountability in case of false or misleading advertisement.
Amendment 1512 #
Proposal for a regulation
Article 24 – paragraph 1 b (new)
Article 24 – paragraph 1 b (new)
3. Providers of intermediary services shall obtain consent from the recipients of their service, in order to provide them with micro targeted and behavioural advertisement. Providers of intermediary services shall ensure that recipients of services can easily make an informed choice when expressing their consent by providing them with meaningful information.
Amendment 1552 #
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 madedissemination of illegal content ofn their services in the Union. This risk assessment shall be specific to their services and shall include the following systemic risks:
Amendment 1636 #
Proposal for a regulation
Article 27 – paragraph 2 – point a
Article 27 – paragraph 2 – point a
(a) identification and assessment of the most prominent and recurrenteach of the systemic risks reported by very large online platforms or identified through other information sources, in particular those provided in compliance with Article 31 and 33;
Amendment 1713 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Very large online platforms that display advertising on their online interfaces shall compile and make publicly available through application programming interfaces a searchable, easy to access and functional repository containing the information referred to in paragraph 2, until onthree years after the advertisement was displayed for the last time on their online interfaces. They shall ensure multi- criterion queries can be performed per advertiser and per all data points present in the advertisement. They shall ensure that the repository does not contain any personal data of the recipients of the service to whom the advertisement was or could have been displayed. They shall make sure that if advertisements have been labelled, moderated, or disabled, these labels shall be clearly visible and identifiable for users and researchers.
Amendment 1758 #
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. Very large online platforms shall provide access to data pursuant to paragraphs 1 and 2 through online databases or application programming interfaces, as appropriate, and with an easily accessible and user-friendly mechanism to search for multiple criteria, such as those reported in accordance with the obligations set out in Articles 13, 23 and 33.
Amendment 1763 #
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. In order to be vetted, researchers shall be affiliated with academic institutions, journalists, civil society organisations or international organisations representing the public interest, shall be independent from commercial interests, have proven records of expertise in the fields related to the risks investigated or related research methodologies, and shall commit and be in a capacity to preserve the specific data security and confidentiality requirements corresponding to each request.
Amendment 1770 #
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
5. The Commission shall, after consulting the Board, and no later than one year after entry into force of this legislation, adopt delegated acts laying down the technical conditions under which very large online platforms are to share data pursuant to paragraphs 1 and 2 and the purposes for which the data may be used. Those delegated acts shall lay down the specific conditions under which such sharing of data with vetted researchers can take place in compliance with Regulation (EU) 2016/679, taking into account the rights and interests of the very large online platforms and the recipients of the service concerned, including the protection of confidential information, in particular trade secrets, and maintaining the security of their service.
Amendment 1796 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. Very large online platforms shall publish the reports referred to in Article 13 within six months from the date of application referred to in Article 25(4), and thereafter every six months. The reports shall include information disaggregated by Member State and clearly stating the human and technical resources allocated for the purpose of content moderation for each official EU language.
Amendment 1864 #
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
3. When giving effect to paragraphs 1 and 2, the Commission and the Board shall aim to ensure that the codes of conduct clearly set out their objectives, contain key performance indicators to measure the achievement of those objectives and take due account of the needs and interests of all interested parties, including citizens, at Union level. The Commission and the Board shall also aim to ensure that participants report regularly to the Commission and their respective Digital Service Coordinators of establishment on any measures taken and their outcomes, as measured against the key performance indicators that they contain. Key performance indicators and reporting commitments should take into account differences in size and capacity between different participants.
Amendment 1945 #
Proposal for a regulation
Article 41 – paragraph 2 – subparagraph 1 – point e
Article 41 – paragraph 2 – subparagraph 1 – point e
(e) the power to adopt proportionate interim measures to avoid the risk of serious harm, without prejudice to fundamental rights.
Amendment 2089 #
Proposal for a regulation
Article 49 – paragraph 1 – point e
Article 49 – paragraph 1 – point e
(e) support and promote the development and implementation of European standards, guidelines, reports, templates and code of conducts in close collaboration with relevant stakeholders as provided for in this Regulation, as well as the identification of emerging issues, with regard to matters covered by this Regulation.
Amendment 2182 #
Proposal for a regulation
Article 57 – paragraph 1
Article 57 – paragraph 1
1. For the purposes of carrying out the tasks assigned to it under this Section, the Commission may take the necessary actions to monitor the effective implementation and compliance with this Regulation by the very large online platform concerned. The Commission may also order that platform to provide access to, and explanations relating to, and where necessary access to, its databases and algorithms.