European Parliament 2019-2024

Committee on Industry, Research and Energy

2020/0361(COD)

24.6.2021

AMENDMENTS 272 - 591

Draft opinion Henna Virkkunen (PE693.552v01-00)

Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC

Proposal for a regulation (COM(2020)0825 – C9-0418/2020 – 2020/0361(COD))

AM\1234906EN.docx PE695.033v01-00

EN United in diversityEN AM_Com_LegOpinion

PE695.033v01-00 2/165 AM\1234906EN.docx EN Amendment 272Robert Roos

Proposal for a regulation Article 8 – title

Text proposed by the Commission Amendment

Orders to act against illegal content Orders to act against proven illegal content

Or. en

Amendment 273 Robert Roos

Proposal for a regulation Article 8 – paragraph 1

Text proposed by the Commission Amendment

1. Providers of intermediary services 1. Providers of intermediary services shall, upon the receipt of an order to act shall, upon the receipt of an order to act against a specific item of illegal content, against a specific item of proven illegal issued by the relevant national judicial or content, issued by the relevant national administrative authorities, on the basis of judicial or administrative authorities, on the applicable Union or national law, in the basis of the applicable Union or conformity with Union law, inform the national law, in conformity with Union authority issuing the order of the effect law, inform the authority issuing the order given to the orders, without undue delay, of the effect given to the orders, without specifying the action taken and the moment undue delay, specifying the action taken when the action was taken. and the moment when the action was taken.

Or. en

Amendment 274 Mikuláš Peksa on behalf of the Greens/EFA Group

Proposal for a regulation Article 8 – paragraph 1

Text proposed by the Commission Amendment

1. Providers of intermediary services 1. Providers of intermediary services shall, upon the receipt of an order to act shall, upon the receipt of an order to act

AM\1234906EN.docx 3/165 PE695.033v01-00 EN against a specific item of illegal content, against a specific item of illegal content, issued by the relevant national judicial or issued by the relevant national judicial administrative authorities, on the basis of authorities, on the basis of the applicable the applicable Union or national law, in Union or national law, in conformity with conformity with Union law, inform the Union law, inform the authority issuing the authority issuing the order of the effect order of the effect given to the orders, given to the orders, without undue delay, without undue delay, specifying the action specifying the action taken and the moment taken and the moment when the action was when the action was taken. taken.

Or. en

Justification

As courts are the ones determining the legality, any assimilated path needs to be defined in the MS legislation, as an exception that needs no EU level acknowledgement.

Amendment 275 Robert Roos

Proposal for a regulation Article 8 – paragraph 2 – point a – indent 1

Text proposed by the Commission Amendment

— a statement of reasons explaining — a statement of reasons explaining why the information is illegal content, by why the content was proven illegal, by reference to the specific provision of Union reference to the specific provision of Union or national law infringed; or national law infringed;

Or. en

Amendment 276 Mikuláš Peksa on behalf of the Greens/EFA Group

Proposal for a regulation Article 8 – paragraph 2 – point a – indent 3

Text proposed by the Commission Amendment

— information about redress available — information about redress to the provider of the service and to the mechanisms available to the provider of recipient of the service who provided the the service and to the recipient of the content; service who provided the content;

PE695.033v01-00 4/165 AM\1234906EN.docx EN Or. en

Justification

The mere information that redress is not sufficient to ensure that users can also exercise their rights.

Amendment 277 Gianna Gancia, Elena Lizzi

Proposal for a regulation Article 8 – paragraph 2 – point c a (new)

Text proposed by the Commission Amendment

(c a) compliance with the measures in the order should be technically feasible taking into account the available technical capabilities of the service provider concerned;

Or. en

Amendment 278 Marisa Matias on behalf of the The Left Group

Proposal for a regulation Chapter III – title

Text proposed by the Commission Amendment

Due diligence obligations for a transparent Due diligence obligations for a transparent, and safe online environment accessible and safe online environment

Or. en

Amendment 279 Marisa Matias on behalf of the The Left Group

Proposal for a regulation Article 10 – paragraph 2

AM\1234906EN.docx 5/165 PE695.033v01-00 EN Text proposed by the Commission Amendment

2. Providers of intermediary services 2. Providers of intermediary services shall make public the information shall make public the information necessary to easily identify and necessary to easily identify and communicate with their single points of communicate with their single points of contact. contact. Providers of intermediary services shall at least communicate to the Commission and the Board the contact details of their single point of contact. They shall ensure that that information is up to date.

Or. en

Amendment 280 Mikuláš Peksa on behalf of the Greens/EFA Group

Proposal for a regulation Article 10 – paragraph 3 a (new)

Text proposed by the Commission Amendment

3 a. Any requests to providers of intermediary services, made on the basis of this legislation, shall be transmitted through the Digital Service Coordinator in the Member State of establishment, who is responsible for collecting requests and communication from all relevant sources.

Or. en

Justification

Change needed for legal clarity

Amendment 281 Marisa Matias on behalf of the The Left Group

Proposal for a regulation

PE695.033v01-00 6/165 AM\1234906EN.docx EN Article 10 a (new)

Text proposed by the Commission Amendment

Article 10 a Accessibility requirements for intermediary services 1. Providers of intermediary services which offer services in the Union shall ensure that they design and provide services in accordance with the accessibility requirements set out in Section III, Section IV, Section VI, and Section VII of Annex I of Directive (EU) 2019/882. 2. Providers of intermediary services shall prepare the necessary information in accordance with Annex V of Directive (EU) 2019/882 and shall explain how the services meet the applicable accessibility requirements. The information shall be made available to the public in written and oral format, including in a manner which is accessible to persons with disabilities. Intermediary service providers shall keep that information for as long as the service is in operation. 3. Providers of intermediary services shall ensure that information, forms and measures provided pursuant to Articles 10 new (9), 12(1), 13(1), 14(1) and (5), 15(3) and (4), 17(1), (2) and (4), 23(2), 24, 29(1) and (2), 30(1), and 33(1) are made available in a manner that they are easy to find, accessible to persons with disabilities, and do not exceed a level of complexity superior to level B1 (intermediate) of the Council of Europe’s Common European Framework of Reference for Languages. 4. Providers of intermediary services which offer services in the Union shall ensure that procedures are in place so that the provision of services remains in conformity with the applicable accessibility requirements. Changes in the characteristics of the provision of the

AM\1234906EN.docx 7/165 PE695.033v01-00 EN service, changes in applicable accessibility requirements and changes in the harmonised standards or in technical specifications by reference to which a service is declared to meet the accessibility requirements shall be adequately taken into account by the provider of intermediary services. 5. In the case of non-conformity, providers of intermediary services shall take the corrective measures necessary to bring the service into conformity with the applicable accessibility requirements. Furthermore, where the service is not compliant with applicable accessibility requirements, the provider of the intermediary service shall immediately inform the Digital Services Coordinator of establishment or other competent national authority of the Member States in which the service is established, to that effect, giving details, in particular, of the non- compliance and of any corrective measures taken. 6. Provider of intermediary services shall, further to a reasoned request from a competent authority, provide it with all information necessary to demonstrate the conformity of the service with the applicable accessibility requirements. They shall cooperate with that authority, at the request of that authority, on any action taken to bring the service into compliance with those requirements. 7. Intermediary services which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union, shall be presumed to be in conformity with the accessibility requirements of this Regulation in so far as those standards or parts thereof cover those requirements. 8. Intermediary services which are in conformity with the technical specifications or parts thereof adopted for the Directive (EU) 2019/882 shall be

PE695.033v01-00 8/165 AM\1234906EN.docx EN presumed to be in conformity with the accessibility requirements of this Regulation in so far as those technical specifications or parts thereof cover those requirements. 9. All intermediary services shall, at least once a year, report to Digital Service Coordinators or other competent authorities on their obligation to ensure accessibility for persons with disabilities as required by this Regulation. 10. In addition to Article 44 (2), Digital Services Coordinators shall include measures taken pursuant to this article.

Or. en

Amendment 282 Robert Roos

Proposal for a regulation Article 11 – paragraph 3

Text proposed by the Commission Amendment

3. The designated legal deleted representative can be held liable for non- compliance with obligations under this Regulation, without prejudice to the liability and legal actions that could be initiated against the provider of intermediary services.

Or. en

Justification

The parent company shall solely be liable, as the legal representative in the end has no control over the parent.

Amendment 283 Henna Virkkunen, Tomas Tobé, Adam Jarubas, Jerzy Buzek, Pilar del Castillo Vera, Tom Berendsen, Maria da Graça Carvalho, Pernille Weiss, Sara Skyttedal

Proposal for a regulation

AM\1234906EN.docx 9/165 PE695.033v01-00 EN Article 11 – paragraph 5 a (new)

Text proposed by the Commission Amendment

5 a. Providers of intermediary services that qualify as micro, small or medium- sized enterprise (SME) within the meaning of the Annex to Recommendation 2003/361/EC, and who have been unsuccessful in obtaining the services of a legal representative after reasonable effort, shall be able to request that the Digital Service Coordinator of the Member State where the enterprise intends to establish a legal representative facilitates further cooperation and recommends possible solutions, including possibilities for collective representation.

Or. en

Amendment 284 Lina Gálvez Muñoz, Alicia Homs Ginel, Robert Hajšel, Carlos Zorrinho, Andris Ameriks, Nicolás González Casares, Romana Jerković, Eva Kaili, Patrizia Toia, Maria- Manuel Leitão-Marques, Adriana Maldonado López

Proposal for a regulation Article 11 – paragraph 5 a (new)

Text proposed by the Commission Amendment

5 a. Providers of intermediary services that qualify as small or micro enterprises within the meaning of the Annex to Recommendation2003/361/EC, and who have been unsuccessful in obtaining the services of a legal representative after reasonable effort, shall be able to stablish collective representation under the guidance of the Digital Service Coordinator of the Member State where the enterprise intends to establish a legal representative.

Or. en

PE695.033v01-00 10/165 AM\1234906EN.docx EN Amendment 285 Miapetra Kumpula-Natri

Proposal for a regulation Article 11 a (new)

Text proposed by the Commission Amendment

Article 11 a Articles 12 and 13 of Section 1, and the provisions of Section 2, and Section 3 of Chapter III shall not apply to: (a) editorial platforms within the meaning of Article 2 (ha) of this Regulation; (b) an intermediary service, except very large online platforms, where it would constitute a disproportionate burden in view of its size, the nature of its activity and the risk posed to users.

Or. en

Amendment 286 Valérie Hayer, Christophe Grudler, Dominique Riquet, Iskra Mihaylova, Susana Solís Pérez, Klemen Grošelj, Nicola Beer, Martin Hojsík

Proposal for a regulation Article 12 – paragraph -1 (new)

Text proposed by the Commission Amendment

-1. Providers of intermediary services shall ensure that their terms and conditions prevent the recipients of their services from providing information that is not compliant with Union law or the law of the Member State where the information is provided. Any additional restrictions that providers of intermediary services may impose in relation to the use of their service and the information provided by the recipients of the service shall be in full compliance with the fundamental rights of the recipients of the services as enshrined in the Charter.

AM\1234906EN.docx 11/165 PE695.033v01-00 EN Or. en

Amendment 287 Eva Kaili

Proposal for a regulation Article 12 – paragraph 1

Text proposed by the Commission Amendment

1. Providers of intermediary services 1. Providers of intermediary services shall include information on any shall include information on any restrictions that they impose in relation to restrictions that they impose in relation to the use of their service in respect of the use of their service in respect of information provided by the recipients of information provided by the recipients of the service, in their terms and conditions. the service, in their terms and conditions. That information shall include information That information shall include information on any policies, procedures, measures and on any policies, procedures, measures and tools used for the purpose of content tools used for the purpose of content moderation, including algorithmic moderation, including the nature, purpose, decision-making and human review. It modalities and data sets used in shall be set out in clear and unambiguous algorithmic decision-making and human language and shall be publicly available in review. It shall be set out in clear and an easily accessible format. unambiguous language and shall be publicly available in an easily accessible format.

Or. en

Amendment 288 Lina Gálvez Muñoz, Alicia Homs Ginel, Robert Hajšel, Carlos Zorrinho, Andris Ameriks, Nicolás González Casares, Romana Jerković, Eva Kaili, Adriana Maldonado López

Proposal for a regulation Article 12 – paragraph 1

Text proposed by the Commission Amendment

1. Providers of intermediary services 1. Providers of intermediary services shall include information on any shall include information on the activities restrictions that they impose in relation to undertaken by them in relation to the use the use of their service in respect of of their service in respect of information information provided by the recipients of provided by the recipients of the service, in the service, in their terms and conditions. their terms and conditions. That

PE695.033v01-00 12/165 AM\1234906EN.docx EN That information shall include information information shall include information on on any policies, procedures, measures and any policies, procedures, measures and tools used for the purpose of content tools used for the purpose of content moderation, including algorithmic moderation, including algorithmic decision-making and human review. It decision-making and human review. It shall be set out in clear and unambiguous shall be set out in clear and unambiguous language and shall be publicly available in language and shall be publicly available in an easily accessible format. an easily accessible format.

Or. en

Justification

This provision is dedicated to content moderation practices. “Any restrictions” is wider than the definition of content moderation in Art. 2p. Therefore, the terms and conditions article is aligned with the definition in Article 2.p.

Amendment 289 Mikuláš Peksa on behalf of the Greens/EFA Group

Proposal for a regulation Article 12 – paragraph 2

Text proposed by the Commission Amendment

2. Providers of intermediary services 2. Providers of intermediary services shall act in a diligent, objective and shall act in a transparent, non- proportionate manner in applying and discriminatory, coherent, predictable, enforcing the restrictions referred to in diligent, non-arbitrary and proportionate paragraph 1, with due regard to the rights manner in applying and enforcing the and legitimate interests of all parties restrictions referred to in paragraph 1, with involved, including the applicable due regard to the rights and legitimate fundamental rights of the recipients of the interests of all parties involved, including service as enshrined in the Charter. the applicable fundamental rights of the recipients of the service as enshrined in the Charter.

Or. en

Justification

Change needed for legal clarity

Amendment 290

AM\1234906EN.docx 13/165 PE695.033v01-00 EN Eva Kaili

Proposal for a regulation Article 12 – paragraph 2

Text proposed by the Commission Amendment

2. Providers of intermediary services 2. Providers of intermediary services shall act in a diligent, objective and shall act in a diligent, objective, necessary proportionate manner in applying and and proportionate manner in applying and enforcing the restrictions referred to in enforcing the restrictions referred to in paragraph 1, with due regard to the rights paragraph 1, with due regard to the rights and legitimate interests of all parties and legitimate interests of all parties involved, including the applicable involved, including the applicable fundamental rights of the recipients of the fundamental rights of the recipients of the service as enshrined in the Charter. service as enshrined in the Charter.

Or. en

Amendment 291 Lina Gálvez Muñoz, Alicia Homs Ginel, Robert Hajšel, Carlos Zorrinho, Andris Ameriks, Nicolás González Casares, Romana Jerković, Eva Kaili, Maria-Manuel Leitão- Marques, Adriana Maldonado López

Proposal for a regulation Article 12 – paragraph 2

Text proposed by the Commission Amendment

2. Providers of intermediary services 2. Providers of intermediary services shall act in a diligent, objective and shall act in a diligent, objective, necessary proportionate manner in applying and and proportionate manner in applying and enforcing the restrictions referred to in enforcing the activities referred to in paragraph 1, with due regard to the rights paragraph 1, with due regard to the rights and legitimate interests of all parties and legitimate interests of all parties involved, including the applicable involved, including fundamental rights of fundamental rights of the recipients of the the recipients of the service as enshrined in service as enshrined in the Charter. the Charter.

Or. en

Amendment 292 Maria Spyraki

Proposal for a regulation

PE695.033v01-00 14/165 AM\1234906EN.docx EN Article 12 – paragraph 2 a (new)

Text proposed by the Commission Amendment

2 a. Where very large online platforms within the meaning of Article 25 of this Regulation otherwise enable the dissemination to the public of press publications within the meaning of Article 2(4) of Directive (EU)2019/790, such platforms based on an alleged incompatibility with their terms and conditions shall not remove, suspend or otherwise interfere with such content or terminate the related account.

Or. en

Amendment 293 Miapetra Kumpula-Natri

Proposal for a regulation Article 12 – paragraph 2 a (new)

Text proposed by the Commission Amendment

2 a. Where very large online platforms within the meaning of Article 25 of this Regulation otherwise allow for the dissemination to the public of press publications within the meaning of Article 2(4) of Directive (EU) 2019/790, such platforms shall not remove, disable access to, suspend or otherwise interfere with such content or the related service or suspend or terminate the related account on the basis of the alleged incompatibility of such content with its terms and conditions.

Or. en

Amendment 294 Mikuláš Peksa on behalf of the Greens/EFA Group

AM\1234906EN.docx 15/165 PE695.033v01-00 EN Proposal for a regulation Article 12 – paragraph 2 a (new)

Text proposed by the Commission Amendment

2 a. Terms and conditions of providers of intermediary services shall respect the essential principles of fundamental rights as enshrined in the Charter and international law.

Or. en

Justification

Ensuring legal consistency

Amendment 295 Maria Spyraki

Proposal for a regulation Article 12 – paragraph 2 b (new)

Text proposed by the Commission Amendment

2 b. Articles 12 and 13 of Section 1,and the provisions of Section 2, and Section 3 of Chapter III shall not apply to: (a) editorial platforms within the meaning of Article 2(h1) of this Regulation; (b) online platforms that qualify as micro and medium-sized enterprises within the meaning of the Annex to Recommendation 2003/361/EC; (c) an intermediary service, except very large online platforms, where it would constitute a disproportionate burden in view of its size, the nature of its activity and the risk posed to users.

Or. en

Amendment 296

PE695.033v01-00 16/165 AM\1234906EN.docx EN Mikuláš Peksa on behalf of the Greens/EFA Group

Proposal for a regulation Article 12 – paragraph 2 b (new)

Text proposed by the Commission Amendment

2 b. Terms and conditions that do not comply with this Article shall not be binding on recipients.

Or. en

Justification

Ensuring enforcement impact

Amendment 297 Mikuláš Peksa on behalf of the Greens/EFA Group

Proposal for a regulation Article 12 – paragraph 2 c (new)

Text proposed by the Commission Amendment

2 c. All changes in terms and conditions should fully comply with this article. Intermediary service providers should inform the users of all changes in terms and conditions at least a month in advance.

Or. en

Justification

Ensuring proper transparency

Amendment 298 Mikuláš Peksa on behalf of the Greens/EFA Group

Proposal for a regulation

AM\1234906EN.docx 17/165 PE695.033v01-00 EN Article 12 – paragraph 2 d (new)

Text proposed by the Commission Amendment

2 d. Providers shall use as similar terms and conditions in the whole single market as possible, with divergences being clearly marked and justified.

Or. en

Justification

Harmonisation provision

Amendment 299 François-Xavier Bellamy, Geoffroy Didier, Sabine Verheyen

Proposal for a regulation Article 12 a (new)

Text proposed by the Commission Amendment

Article 12 a Traceability of business customers 1. A provider of intermediary services shall ensure that business customers 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 provider of intermediary services has obtained the following information: (a) the name, address, telephone number and electronic mail address of the business customer; (b) a copy of the identification document of the business customer or any other electronic identification as defined by Article 3 of Regulation (EU) No 910/2014 of the European Parliament and of the Council; (c) the bank account details of the business customer, where the business customer is a natural person;

PE695.033v01-00 18/165 AM\1234906EN.docx EN (d) the name, address, telephone number and electronic mail address of the economic operator, within the meaning of Article 3(13) and Article 4 of Regulation (EU) 2019/1020of the European Parliament and the Council or any relevant act of Union law; (e) where the business customer is registered in a corporate or trade register or similar public register, the register in which the business customer is registered and its registration number or equivalent means of identification in that register; (f) a self-certification by the business customer committing to only offer products or services that comply with the applicable rules of Union law. 2. The provider of intermediary services shall, upon receiving that information, make reasonable efforts to assess whether the information referred to in points (a), (d) and (e) of paragraph 1 is reliable through the use of any publicly accessible official online database or online interface made available by a Member States or the Union or through requests to the business customer to provide supporting documents from reliable and independent sources. 3. The provider of intermediary services shall also verify that any person purporting to act on behalf of the business customer is so authorised and verify the identity of that person. 4. Where the provider of intermediary services obtains indications, including through a notification by law enforcement agencies or other individuals with a legitimate interest, that any item of information referred to in paragraph 1 obtained from the business customer concerned is inaccurate, misleading, incomplete, or otherwiseinvalid, that provider of an intermediary service shall request the business customer to correct the information in so far as necessary to ensure that all information is accurate

AM\1234906EN.docx 19/165 PE695.033v01-00 EN and complete, without delay or within the time periodset by Union and national law. Where the business customer fails to correct or complete that information, the provider of intermediary services shall suspend the provision of its service to the business customer until the request iscomplied with. 5. The provider of intermediary services shall store the information obtained pursuant to paragraphs 1 and 2 in a secure manner for a period of five years following the termination of their contractual relationship with the business customer concerned. They shall subsequently delete the information. 6. Providers of intermediary services shall apply the identification and verification measures not only to new business customers but they shall also update the information they hold on existing business customers on a risk-sensitive basis, and at least once a year, or when the relevant circumstances of a business customer change. 7. Without prejudice to paragraph 2, the provider of intermediary services shall disclose the information to third parties where so required in accordance with the applicable law, including the orders referred to in Article 9 and any orders issued by Member States’ competent authorities or the Commission for the performance of their tasks under this Regulation, as well as pursuant to proceedings initiated under other relevant provisions of Union or national law. 8. The provider of intermediary services shall make the information referred to in points (a), (d), (e) and (f) of paragraph 1 available to the recipients of the service, in a clear, easily accessible and comprehensible manner. 9. The provider of intermediary services shall design and organise its online interface in a way that enables business customers to comply with their obligations

PE695.033v01-00 20/165 AM\1234906EN.docx EN regarding pre-contractual information and product safety information under applicable Union law. 10. The Digital Services Coordinator of establishment shall determine dissuasive financial penalties for non-compliance with any provision of this Article.

Or. en

Amendment 300 Adam Jarubas, Jerzy Buzek

Proposal for a regulation Article 12 a (new)

Text proposed by the Commission Amendment

Article 12 a Exclusions Articles 12 and 13 of Section 1, and the provisions of Section 2, and Section 3 of Chapter III shall not apply to: (a) online platforms that qualify as micro and medium-sized enterprises within the meaning of the Annex to Recommendation 2003/361/EC. (b) an intermediary service, except very large online platforms, where it would constitute a disproportionate burden in view of its size, the nature of its activity and the risk posed to users.

Or. en

Amendment 301 Bart Groothuis, Nathalie Loiseau, Morten Løkkegaard, Urmas Paet, Sandro Gozi, Valérie Hayer, Petras Auštrevičius, Christophe Grudler, Ivars Ijabs, Nicola Beer

Proposal for a regulation Article 13 – paragraph 1 – point b

AM\1234906EN.docx 21/165 PE695.033v01-00 EN Text proposed by the Commission Amendment

(b) the number of notices submitted in (b) the number of notices submitted in accordance with Article 14, categorised by accordance with Article 14, categorised by the type of alleged illegal content the type of alleged illegal content concerned, any action taken pursuant to the concerned, the number of notices notices by differentiating whether the submitted by trusted flaggers, any action action was taken on the basis of the law or taken pursuant to the notices by the terms and conditions of the provider, differentiating whether the action was and the average time needed for taking the taken on the basis of the law or the terms action; and conditions of the provider, and the average time needed for taking the action;

Or. en

Amendment 302 Mikuláš Peksa on behalf of the Greens/EFA Group

Proposal for a regulation Article 13 – paragraph 1 – point c

Text proposed by the Commission Amendment

(c) the content moderation engaged in (c) the content moderation engaged in at the providers’ own initiative, including at the providers’ own initiative, including the number and type of measures taken that the number and type of measures taken that affect the availability, visibility and affect the availability, visibility and accessibility of information provided by accessibility of information provided by the recipients of the service and the the recipients of the service and the recipients’ ability to provide information, recipients’ ability to provide information, categorised by the type of reason and basis categorised by the type of reason and basis for taking those measures; for taking those measures, as well as the measures taken to train content moderators and the safeguards to ensure that non-infringing content is not affected;

Or. en

Justification

Ensuring legal clarity

Amendment 303

PE695.033v01-00 22/165 AM\1234906EN.docx EN Eva Kaili

Proposal for a regulation Article 13 – paragraph 1 – point d

Text proposed by the Commission Amendment

(d) the number of complaints received (d) the number of complaints received through the internal complaint-handling through the internal complaint-handling system referred to in Article 17, the basis system referred to in Article 17, the basis for those complaints, decisions taken in for those complaints, decisions taken in respect of those complaints, the average respect of those complaints, the average time needed for taking those decisions and time needed for taking those decisions and the number of instances where those the number of instances where those decisions were reversed. decisions were reversed. Internal complaint-handling systems (appeals systems) shall be mandatory and shall be detailed in the transparency reports.

Or. en

Amendment 304 Marisa Matias on behalf of the The Left Group

Proposal for a regulation Article 13 – paragraph 1 – point d a (new)

Text proposed by the Commission Amendment

(d a) the total number and frequency of user-reported breaches of platform standards on disinformation;

Or. en

Amendment 305 Eva Kaili

Proposal for a regulation Article 13 – paragraph 1 – subparagraph 1 a (new)

Text proposed by the Commission Amendment

Intermediaries should explain

AM\1234906EN.docx 23/165 PE695.033v01-00 EN mechanisms, processes and tools that alert them to potential breaches of its rules. Provisions about the easiness of reporting for vulnerable or atypical social groups (i.e. children, elderly, disabled) should be detailed;

Or. en

Amendment 306 Eva Kaili

Proposal for a regulation Article 13 – paragraph 1 – subparagraph 1 b (new)

Text proposed by the Commission Amendment

Intermediaries should explain mechanisms, processes and tools that drive decision-making regarding actions related to content (i.e. take-down, suspensions etc). These should include provisions for the well being of moderators when human moderation is deployed;

Or. en

Amendment 307 Eva Kaili

Proposal for a regulation Article 13 – paragraph 1 – subparagraph 1 c (new)

Text proposed by the Commission Amendment

Intermediaries should explain mechanisms, processes and tools that enable the promotion or suppression of content;

Or. en

PE695.033v01-00 24/165 AM\1234906EN.docx EN Amendment 308 Eva Kaili

Proposal for a regulation Article 13 – paragraph 1 – subparagraph 1 d (new)

Text proposed by the Commission Amendment

Intermediaries should explain mechanisms, processes and tools by means of which flaggers and content creators are notified about the evolution and outcome of the company’s decisions related to reported content;

Or. en

Amendment 309 Eva Kaili

Proposal for a regulation Article 13 – paragraph 1 – subparagraph 1 e (new)

Text proposed by the Commission Amendment

Intermediaries should explain mechanisms, processes, and tools by means of which decisions can be challenged;

Or. en

Amendment 310 Eva Kaili

Proposal for a regulation Article 13 – paragraph 1 – subparagraph 1 f (new)

Text proposed by the Commission Amendment

Intermediaries should explain what human and other resources are applied to moderating content;

Or. en

AM\1234906EN.docx 25/165 PE695.033v01-00 EN Amendment 311 Eva Kaili

Proposal for a regulation Article 13 – paragraph 1 – subparagraph 1 g (new)

Text proposed by the Commission Amendment

Intermediaries should explain how content management processes and policies are reviewed, scrutinised and revised;

Or. en

Amendment 312 Eva Kaili

Proposal for a regulation Article 13 – paragraph 1 – subparagraph 1 h (new)

Text proposed by the Commission Amendment

Intermediaries should disclose information regarding provisions and resources in place to safeguard users human rights including their rights to privacy, safety, accessibility and information. Children’s rights as described in the UN Convention on the Rights of the Child and the Convention’s General Comment 25, in particular should be embedded in the product and service design processes;

Or. en

Amendment 313 Eva Kaili

Proposal for a regulation Article 13 – paragraph 1 – subparagraph 1 i (new)

PE695.033v01-00 26/165 AM\1234906EN.docx EN Text proposed by the Commission Amendment

Intermediaries should report on their plans and resources available to tackle emerging harms.

Or. en

Amendment 314 Bart Groothuis, Valérie Hayer, Petras Auštrevičius, Nathalie Loiseau, Morten Løkkegaard, Urmas Paet, Sandro Gozi, Christophe Grudler, Ivars Ijabs, Nicola Beer

Proposal for a regulation Article 13 – paragraph 1 a (new)

Text proposed by the Commission Amendment

1 a. The information provided shall be broken down per Member State in which services are offered and in the Union as a whole.

Or. en

Amendment 315 Henna Virkkunen, Tomas Tobé, Adam Jarubas, Jerzy Buzek, Pilar del Castillo Vera, Tom Berendsen, Maria da Graça Carvalho, Pernille Weiss, Sara Skyttedal

Proposal for a regulation Article 13 – paragraph 2

Text proposed by the Commission Amendment

2. Paragraph 1 shall not apply to 2. Paragraph 1 shall not apply to providers of intermediary services that providers of intermediary services that qualify as micro or small enterprises qualify as micro, small or medium-sized within the meaning of the Annex to enterprise (SME) within the meaning of Recommendation 2003/361/EC. the Annex to Recommendation 2003/361/EC. In addition, paragraph 1 shall not apply to enterprises that previously qualified for the status of a micro, small or medium-sized enterprise (SME) within the meaning of the Annex to Recommendation 2003/361/EC during the twelve months following their loss of

AM\1234906EN.docx 27/165 PE695.033v01-00 EN that status pursuant to Article 4(2) thereof.

Or. en

Amendment 316 Bart Groothuis, Valérie Hayer, Nathalie Loiseau, Petras Auštrevičius, Morten Løkkegaard, Urmas Paet, Sandro Gozi, Christophe Grudler, Ivars Ijabs, Nicola Beer

Proposal for a regulation Article 13 – paragraph 2

Text proposed by the Commission Amendment

2. Paragraph 1 shall not apply to 2. Paragraphs 1 and 1a shall not providers of intermediary services that apply to providers of intermediary services qualify as micro or small enterprises within that qualify as micro or small enterprises the meaning of the Annex to within the meaning of the Annex to Recommendation 2003/361/EC. Recommendation 2003/361/EC.

Or. en

Amendment 317 Lina Gálvez Muñoz, Alicia Homs Ginel, Robert Hajšel, Carlos Zorrinho, Andris Ameriks, Nicolás González Casares, Romana Jerković, Eva Kaili, Patrizia Toia, Maria- Manuel Leitão-Marques, Adriana Maldonado López

Proposal for a regulation Article 13 – paragraph 2

Text proposed by the Commission Amendment

2. Paragraph 1 shall not apply to 2. Paragraph 1 shall not apply to providers of intermediary services that providers of intermediary services that qualify as micro or small enterprises qualify as micro enterprises within the within the meaning of the Annex to meaning of the Annex to Recommendation Recommendation 2003/361/EC. 2003/361/EC.

Or. en

Justification

According to Annex to Recommendation 2003/361/EC, SMALL enterprises are: a) less that 50 staff or b) between 2 - 10 M € turnover or total balance sheet And MICRO enterprises are: a) less that 10 staff or b) between 0 - 2 M € turnover or total balance sheet. Reporting

PE695.033v01-00 28/165 AM\1234906EN.docx EN obligations should apply to small enterprises, but not to mico enterprises, as the conclusions of the impact assessment state that costs relating to transparency obligations are marginal.

Amendment 318 Marisa Matias on behalf of the The Left Group

Proposal for a regulation Article 14 – paragraph 1

Text proposed by the Commission Amendment

1. Providers of hosting services shall 1. Providers of hosting services shall put mechanisms in place to allow any put mechanisms in place to allow any individual or entity to notify them of the individual or entity to notify them of the presence on their service of specific items presence on their service of specific items of information that the individual or entity of information that the individual or entity considers to be illegal content. Those considers to be illegal content. Those mechanisms shall be easy to access, user- mechanisms shall be easy to access, user- friendly, and allow for the submission of friendly, and allow for the submission of notices exclusively by electronic means. notices exclusively by electronic means. Those mechanisms should never replace any decision of independent judicial and administrative authorities on whether a content is illegal or not.

Or. en

Amendment 319 Henna Virkkunen, Eva Maydell, Tomas Tobé, Adam Jarubas, Jerzy Buzek, Pilar del Castillo Vera, Tom Berendsen, Massimiliano Salini, Maria da Graça Carvalho, Pernille Weiss, Sara Skyttedal

Proposal for a regulation Article 14 – paragraph 1

Text proposed by the Commission Amendment

1. Providers of hosting services shall 1. Providers of hosting services shall put mechanisms in place to allow any put mechanisms in place to allow any individual or entity to notify them of the individual or entity to notify them of the presence on their service of specific items presence on their service of specific items of information that the individual or entity of information that the individual or entity considers to be illegal content. Those considers to be illegal content. Those mechanisms shall be easy to access, user- mechanisms shall be easy to access, user-

AM\1234906EN.docx 29/165 PE695.033v01-00 EN friendly, and allow for the submission of friendly, and allow for the submission of notices exclusively by electronic means. notices at scale and exclusively by electronic means.

Or. en

Amendment 320 Robert Roos, Jessica Stegrud

Proposal for a regulation Article 14 – paragraph 1

Text proposed by the Commission Amendment

1. Providers of hosting services shall 1. Providers of hosting services shall put mechanisms in place to allow any put mechanisms in place to allow any individual or entity to notify them of the individual or entity to notify them of the presence on their service of specific items presence on their service of specific items of information that the individual or entity of information that the individual or entity considers to be illegal content. Those considers to be manifestly illegal content. mechanisms shall be easy to access, user- Those mechanisms shall be easy to access, friendly, and allow for the submission of user-friendly, and allow for the submission notices exclusively by electronic means. of notices exclusively by electronic means.

Or. en

Amendment 321 Eva Kaili

Proposal for a regulation Article 14 – paragraph 1 a (new)

Text proposed by the Commission Amendment

1 a. Providers of intermediary services shall act expeditiously, including and especially for time-sensitive content, upon receipt of a notice flagging illegal content or otherwise gaining knowledge or awareness of illegal activity, or illegal content, by taking the content down and also prevent content that has been taken down from reappearing (i.e. stay-down).

Or. en

PE695.033v01-00 30/165 AM\1234906EN.docx EN Amendment 322 Robert Roos, Jessica Stegrud

Proposal for a regulation Article 14 – paragraph 2 – introductory part

Text proposed by the Commission Amendment

2. The mechanisms referred to in 2. The mechanisms referred to in paragraph 1 shall be such as to facilitate paragraph 1 shall be such as to facilitate the submission of sufficiently precise and the submission of sufficiently precise and adequately substantiated notices, on the adequately substantiated notices, on the basis of which a diligent economic basis of which a diligent economic operator can identify the illegality of the operator can identify whether the content content in question. To that end, the in question qualifies as manifestly illegal. providers shall take the necessary measures To that end, the providers shall take the to enable and facilitate the submission of necessary measures to enable and facilitate notices containing all of the following the submission of notices containing all of elements: the following elements:

Or. en

Amendment 323 Lina Gálvez Muñoz, Alicia Homs Ginel, Robert Hajšel, Carlos Zorrinho, Andris Ameriks, Nicolás González Casares, Romana Jerković, Eva Kaili, Maria-Manuel Leitão- Marques, Adriana Maldonado López

Proposal for a regulation Article 14 – paragraph 2 – introductory part

Text proposed by the Commission Amendment

2. The mechanisms referred to in 2. The mechanisms referred to in paragraph 1 shall be such as to facilitate paragraph 1 shall be such as to facilitate the submission of sufficiently precise and the submission of sufficiently precise and adequately substantiated notices, on the adequately substantiated notices, on the basis of which a diligent economic basis of which a diligent economic operator can identify the illegality of the operator can identify and assess the content in question. To that end, the illegality of the content in question. To that providers shall take the necessary measures end, the providers shall take the necessary to enable and facilitate the submission of measures to enable and facilitate the notices containing all of the following submission of notices containing all of the elements: following elements:

Or. en

AM\1234906EN.docx 31/165 PE695.033v01-00 EN Amendment 324 Lina Gálvez Muñoz, Alicia Homs Ginel, Robert Hajšel, Carlos Zorrinho, Andris Ameriks, Nicolás González Casares, Romana Jerković, Eva Kaili, Maria-Manuel Leitão- Marques, Adriana Maldonado López

Proposal for a regulation Article 14 – paragraph 2 – point a

Text proposed by the Commission Amendment

(a) an explanation of the reasons why (a) where necessary, an explanation of the individual or entity considers the the reasons why the individual or entity information in question to be illegal considers the information in question to be content; illegal content;

Or. en

Amendment 325 Robert Roos, Jessica Stegrud

Proposal for a regulation Article 14 – paragraph 2 – point a

Text proposed by the Commission Amendment

(a) an explanation of the reasons why (a) an explanation of the reasons why the individual or entity considers the the individual or entity considers the information in question to be illegal information in question to be manifestly content; illegal content;

Or. en

Amendment 326 Robert Roos

Proposal for a regulation Article 14 – paragraph 2 – point b

Text proposed by the Commission Amendment

(b) a clear indication of the electronic (b) a clear indication of the electronic location of that information, in particular location of that information, in particular the exact URL or URLs, and, where the exact URL or URLs, and, where

PE695.033v01-00 32/165 AM\1234906EN.docx EN necessary, additional information enabling necessary, additional information enabling the identification of the illegal content; the identification of the allegedly manifestly illegal content;

Or. en

Amendment 327 Marisa Matias on behalf of the The Left Group

Proposal for a regulation Article 14 – paragraph 2 – point b

Text proposed by the Commission Amendment

(b) a clear indication of the electronic (b) a clear indication of the electronic location of that information, in particular location of that information, in particular the exact URL or URLs, and, where the exact URL or URLs where possible, necessary, additional information enabling and, where necessary, additional the identification of the illegal content; information enabling the identification of the illegal content;

Or. en

Amendment 328 Patrizia Toia

Proposal for a regulation Article 14 – paragraph 2 – point b

Text proposed by the Commission Amendment

(b) a clear indication of the electronic (b) a clear indication of the electronic location of that information, in particular location of that information and, where the exact URL or URLs, and, where necessary, additional information enabling necessary, additional information enabling the identification of the illegal content; the identification of the illegal content;

Or. en

Amendment 329 Henna Virkkunen, Eva Maydell, Tomas Tobé, Adam Jarubas, Jerzy Buzek, Pilar del Castillo Vera, Tom Berendsen, Massimiliano Salini, Pernille Weiss, Sara Skyttedal

AM\1234906EN.docx 33/165 PE695.033v01-00 EN Proposal for a regulation Article 14 – paragraph 2 – point b

Text proposed by the Commission Amendment

(b) a clear indication of the electronic (b) a clear indication of the electronic location of that information, in particular identification of that information and, the exact URL or URLs, and, where where necessary, additional information necessary, additional information enabling enabling the identification of the illegal the identification of the illegal content; content;

Or. en

Amendment 330 Lina Gálvez Muñoz, Alicia Homs Ginel, Robert Hajšel, Carlos Zorrinho, Andris Ameriks, Nicolás González Casares, Romana Jerković, Eva Kaili, Maria-Manuel Leitão- Marques, Adriana Maldonado López

Proposal for a regulation Article 14 – paragraph 2 – point b

Text proposed by the Commission Amendment

(b) a clear indication of the electronic (b) a clear indication of the electronic location of that information, in particular location of that information, such as the the exact URL or URLs, and, where URL or URLs, or, where necessary, necessary, additional information enabling additional information enabling the the identification of the illegal content; identification of the illegal content;

Or. en

Justification

Not always possible to provide a URL.

Amendment 331 Mikuláš Peksa on behalf of the Greens/EFA Group

Proposal for a regulation Article 14 – paragraph 2 – point c a (new)

Text proposed by the Commission Amendment

PE695.033v01-00 34/165 AM\1234906EN.docx EN (c a) where an alleged infringement of an intellectual property right is notified, evidence that the entity submitting the notice is the rights holder of the intellectual property right that is allegedly infringed or is authorised to act on behalf of that rights holder;

Or. en

Justification

Ensuring that claims are properly grounded

Amendment 332 Lina Gálvez Muñoz, Alicia Homs Ginel, Robert Hajšel, Carlos Zorrinho, Andris Ameriks, Nicolás González Casares, Romana Jerković, Eva Kaili, Maria-Manuel Leitão- Marques, Adriana Maldonado López, Karen Melchior

Proposal for a regulation Article 14 – paragraph 2 – point d

Text proposed by the Commission Amendment

(d) a statement confirming the good (d) a statement confirming the best faith belief of the individual or entity knowledge of the individual or entity submitting the notice that the information submitting the notice that the information and allegations contained therein are and allegations contained therein are accurate and complete. accurate and complete.

Or. en

Amendment 333 Mikuláš Peksa on behalf of the Greens/EFA Group

Proposal for a regulation Article 14 – paragraph 3

Text proposed by the Commission Amendment

3. Notices that include the elements deleted referred to in paragraph 2 shall be considered to give rise to actual knowledge or awareness for the purposes

AM\1234906EN.docx 35/165 PE695.033v01-00 EN of Article 5 in respect of the specific item of information concerned.

Or. en

Justification

The original text did not complied to the policy intent

Amendment 334 Marisa Matias on behalf of the The Left Group

Proposal for a regulation Article 14 – paragraph 4

Text proposed by the Commission Amendment

4. Where the notice contains the 4. The provider of hosting services name and an electronic mail address of shall send the notification to the content the individual or entity that submitted it, provider, informing them that a complaint the provider of hosting services shall has been made against their content. The promptly send a confirmation of receipt of notification should be delivered to content the notice to that individual or entity. providers before any action is taken by the provider of hosting services. The provider of hosting services shall either forward lawful and compliant notification to the content provider, or by notifying the complainant of the reason it is not possible to do so.

Or. en

Amendment 335 Mikuláš Peksa on behalf of the Greens/EFA Group

Proposal for a regulation Article 14 – paragraph 4 a (new)

Text proposed by the Commission Amendment

4 a. Upon receipt of the notice of alleged copyright infringement the service provider shall notify the information

PE695.033v01-00 36/165 AM\1234906EN.docx EN providers, using available contact details, of the elements referred to in paragraph 2 and give them the opportunity to reply, within minimum 5 working days, before taking a decision and, if applicable, before disabling access to the referred content.

Or. en

Justification

Introducing safeguards against abuse.

Amendment 336 Mikuláš Peksa on behalf of the Greens/EFA Group

Proposal for a regulation Article 14 – paragraph 4 b (new)

Text proposed by the Commission Amendment

4 b. The provider shall ensure that decisions on notices are taken by qualified staff to whom adequate training as well as appropriate working conditions are to be provided, including, where necessary, the opportunity to seek professional support and qualified psychological assistance.

Or. en

Justification

Change needed to ensure the quality of the process.

Amendment 337 Mikuláš Peksa on behalf of the Greens/EFA Group

Proposal for a regulation Article 14 – paragraph 5

AM\1234906EN.docx 37/165 PE695.033v01-00 EN Text proposed by the Commission Amendment

5. The provider shall also, without 5. The provider shall also, without undue delay, notify that individual or entity undue delay, notify that submitting of its decision in respect of the information individual or entity and the information to which the notice relates, providing provider of its decision in respect of the information on the redress possibilities in information to which the notice relates, respect of that decision. providing information on the redress possibilities in respect of that decision.

Or. en

Justification

Ensuring transparency

Amendment 338 François-Xavier Bellamy, Geoffroy Didier

Proposal for a regulation Article 14 – paragraph 6

Text proposed by the Commission Amendment

6. Providers of hosting services shall 6. Providers of hosting services shall process any notices that they receive under process any notices that they receive under the mechanisms referred to in paragraph 1, the mechanisms referred to in paragraph 1, and take their decisions in respect of the and take their decisions in respect of the information to which the notices relate, in a information to which the notices relate, in a timely, diligent and objective manner. timely, diligent and objective manner. Where they use automated means for that Resulting from a valid notice and action processing or decision-making, they shall procedure, providers of hosting services include information on such use in the shall prevent future uploads of already notification referred to in paragraph 4. notified illegal content putting in place effective, reasonable and proportionate measures. Where they use automated means for that processing or decision- making, they shall include information on such use in the notification referred to in paragraph 4.

Or. en

Amendment 339 Lina Gálvez Muñoz, Patrizia Toia, Alicia Homs Ginel, Robert Hajšel, Carlos Zorrinho,

PE695.033v01-00 38/165 AM\1234906EN.docx EN Andris Ameriks, Nicolás González Casares, Romana Jerković, Eva Kaili, Maria-Manuel Leitão-Marques, Adriana Maldonado López

Proposal for a regulation Article 14 – paragraph 6

Text proposed by the Commission Amendment

6. Providers of hosting services shall 6. Providers of hosting services shall process any notices that they receive under process any notices that they receive under the mechanisms referred to in paragraph 1, the mechanisms referred to in paragraph 1, and take their decisions in respect of the and take their decisions in respect of the information to which the notices relate, in a information to which the notices relate, in a timely, diligent and objective manner. timely, diligent and objective manner. Where they use automated means for that Where they use automated means for that processing or decision-making, they shall processing or decision-making, they shall include information on such use in the include information on such use in the notification referred to in paragraph 4. notification referred to in paragraph 4. In case of decisions to remove or disable access to the notified information are taken, they shall extend to preventing the reappearance thereof.

Or. en

Amendment 340 Gianna Gancia, Elena Lizzi

Proposal for a regulation Article 14 – paragraph 6

Text proposed by the Commission Amendment

6. Providers of hosting services shall 6. Providers of hosting services shall process any notices that they receive under process any notices that they receive, the mechanisms referred to in paragraph 1, taking into account their technical and and take their decisions in respect of the operational ability to act against specific information to which the notices relate, in a items of illegal content, under the timely, diligent and objective manner. mechanisms referred to in paragraph 1, and Where they use automated means for that take their decisions in respect of the processing or decision-making, they shall information to which the notices relate, in a include information on such use in the timely, diligent and objective manner. notification referred to in paragraph 4. Where they use automated means for that processing or decision-making, they shall include information on such use in the notification referred to in paragraph 4.

AM\1234906EN.docx 39/165 PE695.033v01-00 EN Or. en

Amendment 341 Marisa Matias on behalf of the The Left Group

Proposal for a regulation Article 14 – paragraph 6

Text proposed by the Commission Amendment

6. Providers of hosting services shall 6. Providers of hosting services shall process any notices that they receive under process any notices that they receive under the mechanisms referred to in paragraph 1, the mechanisms referred to in paragraph 1, and take their decisions in respect of the and remove or disable access to the information to which the notices relate, in a information to which the notices relate, in a timely, diligent and objective manner. timely, diligent and objective manner. Where they use automated means for that Where they use automated means for that processing or decision-making, they shall processing or decision-making, they shall include information on such use in the include information on such use in the notification referred to in paragraph 4. notification referred to in paragraph 4.

Or. en

Amendment 342 Mikuláš Peksa on behalf of the Greens/EFA Group

Proposal for a regulation Article 14 – paragraph 6

Text proposed by the Commission Amendment

6. Providers of hosting services shall 6. Providers of hosting services shall process any notices that they receive under process any notices that they receive under the mechanisms referred to in paragraph 1, the mechanisms referred to in paragraph 1, and take their decisions in respect of the and take their decisions in respect of the information to which the notices relate, in a information to which the notices relate, in a timely, diligent and objective manner. timely, diligent and non-arbitrary manner. Where they use automated means for that Where they use automated means for that processing or decision-making, they shall processing, they shall include information include information on such use in the on such use in the notification referred to notification referred to in paragraph 4. in paragraph 4.

Or. en

PE695.033v01-00 40/165 AM\1234906EN.docx EN Justification

Automated processing has proved unreliable

Amendment 343 Eva Kaili

Proposal for a regulation Article 14 – paragraph 6 a (new)

Text proposed by the Commission Amendment

6 a. Providers of hosting services using automated means for content moderation or decision-making should at least inform affected individuals about the procedure followed, the technology used and the criteria and reasoning supporting the decision, without prejudice to the duty to inform and the rights of data subjects under Regulation (EU) 2016/679.

Or. en

Amendment 344 Henna Virkkunen, Eva Maydell, Tomas Tobé, Adam Jarubas, Jerzy Buzek, Pilar del Castillo Vera, Tom Berendsen, Pernille Weiss

Proposal for a regulation Article 14 – paragraph 6 a (new)

Text proposed by the Commission Amendment

6 a. Where a provider of hosting services processes a notice and decides to remove or disable access to specific items of information provided by the recipients of the service, it shall take steps, in the specific case, to remove identical or equivalent illegal content, within the same context.

Or. en

AM\1234906EN.docx 41/165 PE695.033v01-00 EN Amendment 345 Lina Gálvez Muñoz, Alicia Homs Ginel, Robert Hajšel, Carlos Zorrinho, Andris Ameriks, Nicolás González Casares, Romana Jerković, Eva Kaili, Patrizia Toia, Maria- Manuel Leitão-Marques, Adriana Maldonado López

Proposal for a regulation Article 14 – paragraph 6 a (new)

Text proposed by the Commission Amendment

6 a. Providers of hosting services shall ensure that content previously identified as illegal following the mechanisms in paragraphs 1 and 2, remain inaccessible after take down.

Or. en

Amendment 346 Henna Virkkunen, Tomas Tobé, Adam Jarubas, Jerzy Buzek, Pilar del Castillo Vera, Tom Berendsen, Maria da Graça Carvalho, Pernille Weiss

Proposal for a regulation Article 14 – paragraph 6 b (new)

Text proposed by the Commission Amendment

6 b. Paragraphs 2, 4 and 5 shall not apply to providers of intermediary services that qualify as micro, small or medium- sized enterprise (SME) within the meaning of the Annex to Recommendation 2003/361/EC. In addition, paragraphs 2, 4 and 5 shall not apply to enterprises that previously qualified for the status of a micro, small or medium-sized enterprise (SME) within the meaning of the Annex to Recommendation 2003/361/EC during the twelve months following their loss of that status pursuant to Article 4(2) thereof.

Or. en

Amendment 347

PE695.033v01-00 42/165 AM\1234906EN.docx EN Marisa Matias on behalf of the The Left Group

Proposal for a regulation Article 15 – paragraph 1

Text proposed by the Commission Amendment

1. Where a provider of hosting 1. Where a provider of hosting services decides to remove or disable services decides or not to remove or access to specific items of information disable access to, or otherwise moderate provided by the recipients of the service, either the form or distribution of specific irrespective of the means used for items of information provided by the detecting, identifying or removing or recipients of the service, irrespective of the disabling access to that information and of means used for detecting, identifying or the reason for its decision, it shall inform removing or disabling access to that the recipient, at the latest at the time of the information and of the reason for its removal or disabling of access, of the decision, it shall inform the recipient, at the decision and provide a clear and specific latest at the time of the removal or statement of reasons for that decision. disabling of access, or other content moderation and content curation measure, of the decision and provide a clear and specific statement of reasons for that decision.

Or. en

Justification

Hosting service providers should also be required to provide a comprehensive and detailed answer as to why they decide not to remove or disable access to illegal content referred to.

Amendment 348 Henna Virkkunen, Tomas Tobé, Adam Jarubas, Jerzy Buzek, Pilar del Castillo Vera, Tom Berendsen, Pernille Weiss

Proposal for a regulation Article 15 – paragraph 1

Text proposed by the Commission Amendment

1. Where a provider of hosting 1. Where a provider of hosting services decides to remove or disable services decides to remove or disable access to specific items of information access to specific items of information provided by the recipients of the service, provided by the recipients of the service, irrespective of the means used for irrespective of the means used for detecting, identifying or removing or detecting, identifying or removing or

AM\1234906EN.docx 43/165 PE695.033v01-00 EN disabling access to that information and of disabling access to that information and of the reason for its decision, it shall inform the reason for its decision, it shall inform the recipient, at the latest at the time of the the recipient, without undue delay and at removal or disabling of access, of the latest within 24 hours after such removing decision and provide a clear and specific or disabling of access, of the decision and statement of reasons for that decision. provide a clear and specific statement of reasons for that decision.

Or. en

Amendment 349 Eva Kaili

Proposal for a regulation Article 15 – paragraph 1 a (new)

Text proposed by the Commission Amendment

1 a. Providers of hosting services shall, by default, not make the recipients of their services subject to advertisement that is based on the processing of personal data as defined in Regulation (EU) 2016/679 to determine the recipient or the recipients to whom the advertisement is displayed.

Or. en

Amendment 350 Eva Kaili

Proposal for a regulation Article 15 – paragraph 1 b (new)

Text proposed by the Commission Amendment

1 b. Providers of hosting services may give the recipients of their services the option to receive advertisements that are based on the processing of their personal data. For this purpose only such personal data may be processed, which data subjects have directly and actively provided to the hosting service provider and for the specific purpose of receiving

PE695.033v01-00 44/165 AM\1234906EN.docx EN personalised advertisements, provided the conditions for consent laid down in Regulation (EU) 2016/679 have been met, in particular Article 4(11) and Article 7.

Or. en

Amendment 351 Marisa Matias on behalf of the The Left Group

Proposal for a regulation Article 15 – paragraph 2 – point a

Text proposed by the Commission Amendment

(a) whether the decision entails either (a) whether the decision entails either the removal of, or the disabling of access the removal of, or the disabling of access to, the information and, where relevant, the to, the information and the territorial scope territorial scope of the disabling of access; of the disabling of access;

Or. en

Amendment 352 Henna Virkkunen, Tomas Tobé, Adam Jarubas, Jerzy Buzek, Pilar del Castillo Vera, Tom Berendsen, Pernille Weiss

Proposal for a regulation Article 15 – paragraph 2 – point c

Text proposed by the Commission Amendment

(c) where applicable, information on (c) where applicable, information on the use made of automated means in taking the use made of automated means in taking the decision, including where the decision the decision; was taken in respect of content detected or identified using automated means;

Or. en

Amendment 353 Mikuláš Peksa on behalf of the Greens/EFA Group

AM\1234906EN.docx 45/165 PE695.033v01-00 EN Proposal for a regulation Article 15 – paragraph 2 – point c

Text proposed by the Commission Amendment

(c) where applicable, information on (c) where applicable, information on the use made of automated means in the means used in taking the decision, taking the decision, including where the including where the decision was taken in decision was taken in respect of content respect of content detected or identified detected or identified using automated using automated means; means;

Or. en

Justification

Changed to ensure consistency

Amendment 354 Marisa Matias on behalf of the The Left Group

Proposal for a regulation Article 15 – paragraph 2 – point d

Text proposed by the Commission Amendment

(d) where the decision concerns (d) where the decision concerns allegedly illegal content, a reference to the allegedly illegal content, a reference to the legal ground relied on and explanations as legal ground relied on and explanations as to why the information is considered to be to why the information is considered to be illegal content on that ground; illegal content on that ground and how long to expect the national authority decision for;

Or. en

Amendment 355 Robert Roos, Jessica Stegrud

Proposal for a regulation Article 15 – paragraph 2 – point d

PE695.033v01-00 46/165 AM\1234906EN.docx EN Text proposed by the Commission Amendment

(d) where the decision concerns (d) where the decision concerns allegedly illegal content, a reference to the allegedly manifestly illegal content, a legal ground relied on and explanations as reference to the legal ground relied on and to why the information is considered to be explanations as to why the information is illegal content on that ground; considered to be manifestly illegal content on that ground;

Or. en

Amendment 356 Marisa Matias on behalf of the The Left Group

Proposal for a regulation Article 15 – paragraph 2 – point d a (new)

Text proposed by the Commission Amendment

(d a) Where the decision is based on an assessment of a risk under the risk assessment procedure of Article 26 of this Act, a reference to the risk identified and explanations as to why any mitigation measure applied under Article 27 of this act was considered to be required to mitigate that risk.

Or. en

Amendment 357 Eva Kaili

Proposal for a regulation Article 15 – paragraph 2 – point f

Text proposed by the Commission Amendment

(f) information on the redress (f) information on the rights of the possibilities available to the recipient of the content provider and redress possibilities service in respect of the decision, in available to the recipient of the service in particular through internal complaint- respect of the decision, in particular handling mechanisms, out-of-court dispute through internal complaint-handling settlement and judicial redress. mechanisms, out-of-court dispute

AM\1234906EN.docx 47/165 PE695.033v01-00 EN settlement and judicial redress.

Or. en

Amendment 358 Henna Virkkunen, Tomas Tobé, Adam Jarubas, Jerzy Buzek, Pilar del Castillo Vera, Tom Berendsen, Pernille Weiss

Proposal for a regulation Article 15 – paragraph 4

Text proposed by the Commission Amendment

4. Providers of hosting services shall deleted publish the decisions and the statements of reasons, referred to in paragraph 1 in a publicly accessible database managed by the Commission. That information shall not contain personal data.

Or. en

Amendment 359 Henna Virkkunen, Tomas Tobé, Adam Jarubas, Jerzy Buzek, Pilar del Castillo Vera, Tom Berendsen, Maria da Graça Carvalho, Pernille Weiss, Sara Skyttedal

Proposal for a regulation Article 15 – paragraph 4 a (new)

Text proposed by the Commission Amendment

4 a. Paragraphs 2, 3 and 4 shall not apply to providers of intermediary services that qualify as micro, small or medium- sized enterprise (SME) within the meaning of the Annex to Recommendation 2003/361/EC. In addition, those paragraphs shall not apply to enterprises that previously qualified for the status of a micro, small or medium- sized enterprise (SME) within the meaning of the Annex to Recommendation 2003/361/EC during the twelve months following their loss of that

PE695.033v01-00 48/165 AM\1234906EN.docx EN status pursuant to Article 4(2) thereof.

Or. en

Amendment 360 Henna Virkkunen, Eva Maydell, Tomas Tobé, Adam Jarubas, Jerzy Buzek, Pilar del Castillo Vera, Tom Berendsen, Pernille Weiss

Proposal for a regulation Article 15 – paragraph 4 b (new)

Text proposed by the Commission Amendment

4 b. Providers of hosting services shall not be obliged to provide a statement of reasons referred to in paragraph 1 where doing so would infringe a legal obligation or where the statement of reasons could cause unintended safety concerns for the reporting party. In addition, providers of hosting services shall not be obliged to provide a statement of reasons referred to in paragraph 1 where the provider can demonstrate that the recipient of the service has repeatedly provided illegal content

Or. en

Amendment 361 François-Xavier Bellamy, Geoffroy Didier

Proposal for a regulation Article 15 a (new)

Text proposed by the Commission Amendment

Article 15 a Trusted flaggers 1. Providers of hosting services shall take the necessary technical and organisational measures to ensure that notices submitted by trusted flaggers through the mechanisms referred to in

AM\1234906EN.docx 49/165 PE695.033v01-00 EN Article 14, are processed and decided upon with priority and without delay. 2.The status of trusted flaggers under this Regulation shall be awarded, upon application by any entities, by the Digital Services Coordinator of the Member State in which the applicant is established, where the applicant has demonstrated to meet all of the following conditions: (a) it has particular expertise and competence for the purposes of detecting, identifying and notifying illegal content; (b) it represents collective interests or it has a significant legitimate interest along with demonstrated expertise and a proven experience in flagging illegal content with high rate of accuracy while being independent from any online hosting services provider or platform; (c) it carries out not less than part of its activities for the purposes of submitting notices in a timely, diligent and objective manner. 3. Digital Services Coordinators shall communicate to the Commission and the Board the names, addresses and electronic mail addresses of the entities to which they have awarded the status of the trusted flagger in accordance with paragraph 2. 4. The Commission shall publish the information referred to in paragraph 3 in a publicly available database and keep the database updated. 5. Where a provider of hosting services has information indicating that a trusted flagger submitted a significant number of insufficiently precise or inadequately substantiated notices through the mechanisms referred to in Article 14, including information gathered in connection to the processing of complaints through the internal complaint-handling systems referred to in Article 17(3), it shall communicate that information to the Digital Services

PE695.033v01-00 50/165 AM\1234906EN.docx EN Coordinator that awarded the status of trusted flagger to the entity concerned, providing the necessary explanations and supporting documents. 6. The Digital Services Coordinator that awarded the status of trusted flagger to an entity shall revoke that status if it determines, following an investigation either on its own initiative or on the basis information received by third parties, including the information provided by a hosting services provider pursuant to paragraph 5, that the entity no longer meets the conditions set out in paragraph 2. Before revoking that status, the Digital Services Coordinator shall afford the entity an opportunity to react to the findings of its investigation and its intention to revoke the entity’s status as trusted flagger 7. The Commission, after consulting the Board, may issue guidance to assist online platforms and Digital Services Coordinators in the application of paragraphs 5 and 6.

Or. en

Amendment 362 Henna Virkkunen, Eva Maydell, Tomas Tobé, Adam Jarubas, Jerzy Buzek, Pilar del Castillo Vera, Tom Berendsen, Pernille Weiss, Sara Skyttedal

Proposal for a regulation Article 15 a (new)

Text proposed by the Commission Amendment

Article 15 a Protection against repeated misuse and criminal offences 1. Providers of intermediary services shall, after having issued a prior warning, suspend or in appropriate circumstances terminate the provision of their services to recipients of the service that frequently

AM\1234906EN.docx 51/165 PE695.033v01-00 EN provide illegal content. 2. Where a provider of intermediary service becomes aware of any information giving rise to a suspicion that a serious criminal offence involving a threat to the life or safety of persons has taken place, is taking place or is likely to take place, it shall promptly inform the law enforcement or judicial authorities of the Member State or Member States concerned of its suspicion and provide all relevant information available. Where the provider of intermediary service cannot identify with reasonable certainty the Member State concerned, it shall inform the law enforcement authorities of the Member State in which it has its main establishment or has its legal representative and also transmit this information to Europol for appropriate follow-up.

Or. en

Amendment 363 Robert Roos

Proposal for a regulation Article 15 a (new)

Text proposed by the Commission Amendment

Article 15 a Market entrance protection The provisions in this section shall not be enforced on new established entities for a period of one year after their establishment. During this period new established entities shall make any reasonable efforts to comply with the provisions in this section and act in good faith.

Or. en

PE695.033v01-00 52/165 AM\1234906EN.docx EN Amendment 364 Henna Virkkunen, Tomas Tobé, Adam Jarubas, Jerzy Buzek, Tom Berendsen, Maria da Graça Carvalho, Pernille Weiss, Sara Skyttedal

Proposal for a regulation Article 16 – title

Text proposed by the Commission Amendment

Exclusion for micro and small enterprises Exclusion for micro, small and medium- sized enterprises (SMEs) and closed online platforms

Or. en

Amendment 365 Mikuláš Peksa on behalf of the Greens/EFA Group

Proposal for a regulation Article 16 – title

Text proposed by the Commission Amendment

Exclusion for micro and small enterprises Exclusion for micro, small or medium sized enterprises

Or. en

Justification

Change needed for consistency

Amendment 366 Robert Roos

Proposal for a regulation Article 16 – title

Text proposed by the Commission Amendment

Exclusion for micro and small enterprises Exclusion for SMEs

AM\1234906EN.docx 53/165 PE695.033v01-00 EN Or. en

Amendment 367 Valérie Hayer, Christophe Grudler, Dominique Riquet, Iskra Mihaylova, Susana Solís Pérez, Klemen Grošelj, Nicola Danti, Bart Groothuis, Martin Hojsík

Proposal for a regulation Article 16 – paragraph 1

Text proposed by the Commission Amendment

This Section shall not apply to online This Section shall not apply to online platforms that qualify as micro or small platforms that qualify as micro or small enterprises within the meaning of the enterprises, within the meaning of the Annex to Recommendation 2003/361/EC. Annex to Recommendation 2003/361/EC. The Commission should assess the need to exclude micro and small entreprises that reach a large audience, based a number of average monthly active recipients of the service in the Union, calculated in accordance with the methodology set out in the delegated acts referred to in article 25, paragraph 3.

Or. en

Justification

We propose adding an audience criterion to ensure that small platforms with a large audience, which raise issues in terms of content moderation and systemic risks for Europeans, are covered by the obligations in this section.

Amendment 368 Marisa Matias on behalf of the The Left Group

Proposal for a regulation Article 16 – paragraph 1

Text proposed by the Commission Amendment

This Section shall not apply to online This Section shall not apply to online platforms that qualify as micro or small platforms that qualify as micro or small enterprises within the meaning of the enterprises within the meaning of the Annex to Recommendation 2003/361/EC. Annex to Recommendation 2003/361/EC,

PE695.033v01-00 54/165 AM\1234906EN.docx EN with the exception of Articles 17 (internal complaint mechanism), 18 (out-of-court dispute settlement), 22 (traceability of traders), 24 (online advertising) and 29 (recommender systems).

Or. en

Justification

Under the annex to Recommendation 2003/361/EC, a small enterprise is defined as having < 50 employees and an annual turnover and/or balance < €10 Million. That is considerable. Similarly, some companies can have a significant user-base and plenty of illegal activities online to take care of and have a team below 50. This is particularly important for smaller EU Member States. If barely any obligations apply to their companies, the applicability and added-value of the DSA would be severely affected.

Amendment 369 Henna Virkkunen, Tomas Tobé, Adam Jarubas, Jerzy Buzek, Tom Berendsen, Maria da Graça Carvalho, Pernille Weiss, Sara Skyttedal

Proposal for a regulation Article 16 – paragraph 1

Text proposed by the Commission Amendment

This Section shall not apply to online This Section shall not apply to online platforms that qualify as micro or small platforms that qualify as micro or small enterprises within the meaning of the enterprises micro, small or medium-sized Annex to Recommendation 2003/361/EC. enterprise (SMEs) within the meaning of the Annex to Recommendation 2003/361/EC.

Or. en

Amendment 370 Mikuláš Peksa on behalf of the Greens/EFA Group

Proposal for a regulation Article 16 – paragraph 1

Text proposed by the Commission Amendment

This Section shall not apply to online This Section shall not apply to online

AM\1234906EN.docx 55/165 PE695.033v01-00 EN platforms that qualify as micro or small platforms that qualify as micro, small or enterprises within the meaning of the medium sized enterprises within the Annex to Recommendation 2003/361/EC. meaning of the Annex to Recommendation 2003/361/EC.

Or. en

Justification

We need to ensure the development of SMEs

Amendment 371 Robert Roos

Proposal for a regulation Article 16 – paragraph 1

Text proposed by the Commission Amendment

This Section shall not apply to online This Section shall not apply to online platforms that qualify as micro or small platforms that qualify as SMEs within the enterprises within the meaning of the meaning of the Annex to Recommendation Annex to Recommendation 2003/361/EC. 2003/361/EC.

Or. en

Amendment 372 Henna Virkkunen, Tomas Tobé, Adam Jarubas, Jerzy Buzek, Tom Berendsen, Maria da Graça Carvalho, Pernille Weiss, Sara Skyttedal

Proposal for a regulation Article 16 – paragraph 1 a (new)

Text proposed by the Commission Amendment

This Section shall not apply to enterprises that previously qualified for the status of micro, small or medium-sized enterprise (SMEs) within the meaning of the Annex to Recommendation 2003/361/EC during the twelve months following their loss of that status pursuant to Article 4(2) thereof.

Or. en

PE695.033v01-00 56/165 AM\1234906EN.docx EN Amendment 373 Henna Virkkunen, Eva Maydell, Tomas Tobé, Adam Jarubas, Jerzy Buzek, Pilar del Castillo Vera, Tom Berendsen, Pernille Weiss, Sara Skyttedal

Proposal for a regulation Article 16 – paragraph 1 b (new)

Text proposed by the Commission Amendment

This Section shall not apply to online platforms offering products and services from third-party traders, which are established in the European Union, where these traders' access is exclusive, curated and entirely controlled by the providers of the online platform and these traders’ products and services are reviewed and pre-approved by the providers of the online platform before they are offered on the platform.

Or. en

Amendment 374 Mikuláš Peksa on behalf of the Greens/EFA Group

Proposal for a regulation Article 17 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

1. Online platforms shall provide 1. Online platforms shall provide recipients of the service, for a period of at recipients of the service and qualified least six months following the decision entities as defined in Article 3, point (4) of referred to in this paragraph, the access to Directive (EU) 2020/1828 , for a period of an effective internal complaint-handling at least six months following the decision system, which enables the complaints to be referred to in this paragraph, the access to lodged electronically and free of charge, an effective internal complaint-handling against the following decisions taken by system, which enables the complaints to be the online platform on the ground that the lodged electronically and free of charge, information provided by the recipients is against the following decisions taken by illegal content or incompatible with its the online platform on the ground that the terms and conditions: information provided by the recipients is illegal content or incompatible with its

AM\1234906EN.docx 57/165 PE695.033v01-00 EN terms and conditions:

Or. en

Justification

Clarifying the proposal

Amendment 375 Eva Kaili

Proposal for a regulation Article 17 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

1. Online platforms shall provide 1. All providers of hosting services, recipients of the service, for a period of at shall provide recipients of the service, for a least six months following the decision period of at least six months following the referred to in this paragraph, the access to decision referred to in this paragraph, the an effective internal complaint-handling access to an effective internal complaint- system, which enables the complaints to be handling system, which enables the lodged electronically and free of charge, complaints to be lodged electronically and against the following decisions taken by free of charge, against the following the online platform on the ground that the decisions taken by the online platform on information provided by the recipients is the ground that the information provided illegal content or incompatible with its by the recipients is illegal content or terms and conditions: incompatible with its terms and conditions:

Or. en

Amendment 376 Robert Roos, Jessica Stegrud

Proposal for a regulation Article 17 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

1. Online platforms shall provide 1. Online platforms shall provide recipients of the service, for a period of at recipients of the service, for a period of at least six months following the decision least six months following the decision referred to in this paragraph, the access to referred to in this paragraph, the access to an effective internal complaint-handling an effective internal complaint-handling system, which enables the complaints to be system, which enables the complaints to be

PE695.033v01-00 58/165 AM\1234906EN.docx EN lodged electronically and free of charge, lodged electronically and free of charge, against the following decisions taken by against the following decisions taken by the online platform on the ground that the the online platform on the ground that the information provided by the recipients is information provided by the recipients is illegal content or incompatible with its manifestly illegal content or incompatible terms and conditions: with its terms and conditions:

Or. en

Amendment 377 Marisa Matias on behalf of the The Left Group

Proposal for a regulation Article 17 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

1. Online platforms shall provide 1. Online platforms shall provide recipients of the service, for a period of at recipients of the service, for a period of at least six months following the decision least twelves months following the decision referred to in this paragraph, the access to referred to in this paragraph, the access to an effective internal complaint-handling an effective internal complaint-handling system, which enables the complaints to be system, which enables the complaints to be lodged electronically and free of charge, lodged electronically and free of charge, against the following decisions taken by against the following decisions taken by the online platform on the ground that the the online platform on the ground that the information provided by the recipients is information provided by the recipients is illegal content or incompatible with its illegal content or incompatible with its terms and conditions: terms and conditions:

Or. en

Amendment 378 Mikuláš Peksa on behalf of the Greens/EFA Group

Proposal for a regulation Article 17 – paragraph 1 – point a

Text proposed by the Commission Amendment

(a) decisions to remove or disable (a) decisions to remove, disable, access to the information; demote, demonetise, restrict or in any other way modify access to the information

AM\1234906EN.docx 59/165 PE695.033v01-00 EN or otherwise impose sanctions against it;

Or. en

Justification

Change needed for legal clarity

Amendment 379 Lina Gálvez Muñoz, Alicia Homs Ginel, Robert Hajšel, Carlos Zorrinho, Andris Ameriks, Nicolás González Casares, Romana Jerković, Eva Kaili, Maria-Manuel Leitão- Marques, Adriana Maldonado López

Proposal for a regulation Article 17 – paragraph 1 – point a

Text proposed by the Commission Amendment

(a) decisions to remove or disable (a) decisions to remove or disable access to the information; access to the information or not;

Or. en

Amendment 380 Lina Gálvez Muñoz, Alicia Homs Ginel, Robert Hajšel, Carlos Zorrinho, Andris Ameriks, Nicolás González Casares, Romana Jerković, Eva Kaili, Maria-Manuel Leitão- Marques, Adriana Maldonado López

Proposal for a regulation Article 17 – paragraph 1 – point b

Text proposed by the Commission Amendment

(b) decisions to suspend or terminate (b) decisions to suspend or terminate or the provision of the service, in whole or in not the provision of the service, in whole part, to the recipients; or in part, to the recipients;

Or. en

Amendment 381 Lina Gálvez Muñoz, Alicia Homs Ginel, Robert Hajšel, Carlos Zorrinho, Andris Ameriks, Nicolás González Casares, Romana Jerković, Eva Kaili, Maria-Manuel Leitão- Marques, Adriana Maldonado López

PE695.033v01-00 60/165 AM\1234906EN.docx EN Proposal for a regulation Article 17 – paragraph 1 – point c

Text proposed by the Commission Amendment

(c) decisions to suspend or terminate (c) decisions to suspend or terminate the recipients’ account. the recipients’ account or not.

Or. en

Amendment 382 Lina Gálvez Muñoz, Alicia Homs Ginel, Robert Hajšel, Carlos Zorrinho, Andris Ameriks, Nicolás González Casares, Romana Jerković, Eva Kaili, Carlo Calenda, Maria-Manuel Leitão-Marques, Adriana Maldonado López

Proposal for a regulation Article 17 – paragraph 2

Text proposed by the Commission Amendment

2. Online platforms shall ensure that 2. Online platforms shall ensure that their internal complaint-handling systems their internal complaint-handling systems are easy to access, user-friendly and enable are easy to access, user-friendly and enable and facilitate the submission of sufficiently and facilitate the submission of sufficiently precise and adequately substantiated precise and adequately substantiated complaints. complaints and include human review.

Or. en

Amendment 383 Mikuláš Peksa on behalf of the Greens/EFA Group

Proposal for a regulation Article 17 – paragraph 3

Text proposed by the Commission Amendment

3. Online platforms shall handle 3. Online platforms shall handle complaints submitted through their internal complaints submitted through their internal complaint-handling system in a timely, complaint-handling system in a timely, diligent and objective manner. Where a diligent and non-arbitrary manner. Where complaint contains sufficient grounds for a complaint contains sufficient grounds for the online platform to consider that the the online platform to consider that the

AM\1234906EN.docx 61/165 PE695.033v01-00 EN information to which the complaint relates information to which the complaint relates is not illegal and is not incompatible with is not illegal and is not incompatible with its terms and conditions, or contains its terms and conditions, or contains information indicating that the information indicating that the complainant’s conduct does not warrant the complainant’s conduct does not warrant the suspension or termination of the service or suspension or termination of the service or the account, it shall reverse its decision the account, it shall reverse its decision referred to in paragraph 1 without undue referred to in paragraph 1 without undue delay. delay. If the complaining entity wishes so, the online platform shall also publicly confirm the reversal of decision.

Or. en

Justification

Change needed for consistency

Amendment 384 Robert Roos, Jessica Stegrud

Proposal for a regulation Article 17 – paragraph 3

Text proposed by the Commission Amendment

3. Online platforms shall handle 3. Online platforms shall handle complaints submitted through their internal complaints submitted through their internal complaint-handling system in a timely, complaint-handling system in a timely, diligent and objective manner. Where a diligent and objective manner. Where a complaint contains sufficient grounds for complaint contains sufficient grounds for the online platform to consider that the the online platform to consider that the information to which the complaint relates information to which the complaint relates is not illegal and is not incompatible with is not manifestly illegal and is not its terms and conditions, or contains incompatible with its terms and conditions, information indicating that the or contains information indicating that the complainant’s conduct does not warrant the complainant’s conduct does not warrant the suspension or termination of the service or suspension or termination of the service or the account, it shall reverse its decision the account, it shall reverse its decision referred to in paragraph 1 without undue referred to in paragraph 1 without undue delay. delay.

Or. en

Amendment 385

PE695.033v01-00 62/165 AM\1234906EN.docx EN Robert Roos, Jessica Stegrud

Proposal for a regulation Article 17 – paragraph 3 a (new)

Text proposed by the Commission Amendment

3 a. If a decision is reversed under paragraph 3 the online platform shall compensate the recipient with an amount of 25 EUR or 50 EUR if the online platform qualifies as a VLOP. This is without prejudice to the recipients right to seek compensation for his real damages.

Or. en

Justification

The purpose of this amendment is twofold. First: there needs to be an incentive for recipients to use the internal complain mechanism. Second: there needs to be an incentive for online platforms to think twice before removing content.

Amendment 386 Eva Kaili

Proposal for a regulation Article 17 – paragraph 3 a (new)

Text proposed by the Commission Amendment

3 a. The complaint mechanism to be established is without prejudice to the rights and remedies available to data subjects in accordance with Regulation (EU) 2016/679 and Directive 2002/58/EC.

Or. en

Amendment 387 Marisa Matias on behalf of the The Left Group

Proposal for a regulation Article 17 – paragraph 4

AM\1234906EN.docx 63/165 PE695.033v01-00 EN Text proposed by the Commission Amendment

4. Online platforms shall inform 4. Online platforms shall inform complainants without undue delay of the complainants without undue delay, that decision they have taken in respect of the can not exceed three weeks following the information to which the complaint relates filed complaint, of the decision they have and shall inform complainants of the taken in respect of the information to possibility of out-of-court dispute which the complaint relates and shall settlement provided for in Article 18 and inform complainants of the possibility of other available redress possibilities. out-of-court dispute settlement provided for in Article 18 and other available redress possibilities.

Or. en

Amendment 388 Henna Virkkunen, Tomas Tobé, Adam Jarubas, Jerzy Buzek, Pilar del Castillo Vera, Tom Berendsen, Pernille Weiss

Proposal for a regulation Article 17 – paragraph 5

Text proposed by the Commission Amendment

5. Online platforms shall ensure that deleted the decisions, referred to in paragraph 4, are not solely taken on the basis of automated means.

Or. en

Amendment 389 Mikuláš Peksa on behalf of the Greens/EFA Group

Proposal for a regulation Article 17 – paragraph 5

Text proposed by the Commission Amendment

5. Online platforms shall ensure that 5. Online platforms shall ensure that the decisions, referred to in paragraph 4, the decisions, referred to in paragraph 4, are not solely taken on the basis of are not solely taken on the basis of automated means. automated means and always includes

PE695.033v01-00 64/165 AM\1234906EN.docx EN meaningful human oversight.

Or. en

Justification

Dure ot unreliability of automated systems, human oversight is always prescribed.

Amendment 390 Mikuláš Peksa on behalf of the Greens/EFA Group

Proposal for a regulation Article 18 – paragraph 1 – subparagraph 1

Text proposed by the Commission Amendment

1. Recipients of the service addressed 1. Recipients of the service addressed by the decisions referred to in Article by the decisions referred to in Article 17(1), shall be entitled to select any out-of- 17(1) and qualified entities as defined in court dispute that has been certified in Article 3, point (4) of Directive (EU) accordance with paragraph 2 in order to 2020/1828 shall be entitled to select any resolve disputes relating to those decisions, out-of-court dispute settlement body that including complaints that could not be has been certified in accordance with resolved by means of the internal paragraph 2 in order to resolve disputes complaint-handling system referred to in relating to those decisions, including that Article. Online platforms shall engage, complaints that could not be resolved by in good faith, with the body selected with a means of the internal complaint-handling view to resolving the dispute and shall be system referred to in that Article. Online bound by the decision taken by the body. platforms shall engage, in good faith, with the body selected by the recipient with a view to resolving the dispute and shall be bound by the decision taken by the body.

Or. en

Justification

Change meant to ensure better enforcement

Amendment 391 Henna Virkkunen, Tomas Tobé, Adam Jarubas, Jerzy Buzek, Pilar del Castillo Vera, Tom Berendsen, Pernille Weiss

Proposal for a regulation

AM\1234906EN.docx 65/165 PE695.033v01-00 EN Article 18 – paragraph 1 – subparagraph 1

Text proposed by the Commission Amendment

1. Recipients of the service addressed 1. After internal complaint handling by the decisions referred to in Article mechanisms are exhausted, recipients of 17(1), shall be entitled to select any out-of- the service addressed by the decisions court dispute that has been certified in referred to in Article 17(1), shall be accordance with paragraph 2 in order to entitled to select any out-of-court dispute resolve disputes relating to those decisions, that has been certified in accordance with including complaints that could not be paragraph 2 in order to resolve disputes resolved by means of the internal relating to those decisions, including complaint-handling system referred to in complaints that could not be resolved by that Article. Online platforms shall engage, means of the internal complaint-handling in good faith, with the body selected with a system referred to in that Article. Online view to resolving the dispute and shall be platforms shall engage, in good faith, with bound by the decision taken by the body. the body selected with a view to resolving the dispute and shall be bound by the decision taken by the body.

Or. en

Amendment 392 Robert Roos

Proposal for a regulation Article 18 – paragraph 2 – point b

Text proposed by the Commission Amendment

(b) it has the necessary expertise in (b) it has the necessary expertise relation to the issues arising in one or concerning the issues arising of illegal more particular areas of illegal content, or content, in particular as it comes to the in relation to the application and applicable laws relating to freedom of enforcement of terms and conditions of one expression and its limitations and the or more types of online platforms, allowing applicable case law, including the case- the body to contribute effectively to the law of the European Court of Human settlement of a dispute; Rights, or about the application and enforcement of terms and conditions of one or more types of online platforms, allowing the body to contribute effectively to the settlement of a dispute;

Or. en

PE695.033v01-00 66/165 AM\1234906EN.docx EN Amendment 393 Mikuláš Peksa on behalf of the Greens/EFA Group

Proposal for a regulation Article 18 – paragraph 2 – point b

Text proposed by the Commission Amendment

(b) it has the necessary expertise in (b) it has the necessary legal expertise relation to the issues arising in one or more in relation to the issues arising in one or particular areas of illegal content, or in more particular areas of illegal content, or relation to the application and enforcement in relation to the application and of terms and conditions of one or more enforcement of terms and conditions of one types of online platforms, allowing the or more types of online platforms, allowing body to contribute effectively to the the body to contribute effectively to the settlement of a dispute; settlement of a dispute;

Or. en

Justification

Change needed to ensure proper rights application

Amendment 394 Eva Kaili

Proposal for a regulation Article 18 – paragraph 2 – point d

Text proposed by the Commission Amendment

(d) it is capable of settling dispute in a (d) it is capable of settling dispute in a swift, efficient and cost-effective manner swift, efficient, transparent and cost- and in at least one official language of the effective manner and in at least one official Union; language of the Union;

Or. en

Amendment 395 Mikuláš Peksa on behalf of the Greens/EFA Group

Proposal for a regulation Article 18 – paragraph 3 – subparagraph 1

AM\1234906EN.docx 67/165 PE695.033v01-00 EN Text proposed by the Commission Amendment

3. If the body decides the dispute in 3. If the body decides the dispute in favour of the recipient of the service, the favour of the recipient of the service, the online platform shall reimburse the online platform shall reimburse the recipient for any fees and other reasonable recipient for any fees and other reasonable expenses that the recipient has paid or is to expenses that the recipient has paid or is to pay in relation to the dispute settlement. If pay in relation to the dispute settlement. If the body decides the dispute in favour of the body decides the dispute in favour of the online platform, the recipient shall not the online platform, the recipient be required to reimburse any fees or other shall never be required to reimburse any expenses that the online platform paid or is fees or other expenses that the online to pay in relation to the dispute settlement. platform paid or is to pay in relation to the dispute settlement.

Or. en

Justification

Ensuring that access to justice remains truly free.

Amendment 396 Robert Roos

Proposal for a regulation Article 18 – paragraph 3 a (new)

Text proposed by the Commission Amendment

3 a. If the online platform concerned constitutes a very large online platform the maximum fee for an out-of-court settlement procedure shall not exceed 25 EUR for a consumer. If the decision is in favor of the recipient, the very large online platform shall reimburse any fee paid to the body for the dispute settlement. The recipient shall not be required to reimburse any fees or other expenses that the online platform paid or is to pay concerning the dispute settlement. On top of that, the very large online platform shall compensate the recipient with a minimal amount of 100 EUR. This is without prejudice to the recipient's right to seek compensation for his real

PE695.033v01-00 68/165 AM\1234906EN.docx EN damages.

Or. en

Amendment 397 Eva Kaili

Proposal for a regulation Article 18 – paragraph 6 a (new)

Text proposed by the Commission Amendment

6 a. Any attempt to reach an out-of- court agreement on the settlement of a dispute in accordance with this Article shall not affect the rights of the providers of online platform services and of the recipients of the service concerned to initiate judicial proceedings at any time before, during or after the out-of-court dispute settlement process.

Or. en

Amendment 398 Eva Kaili

Proposal for a regulation Article 18 – paragraph 6 b (new)

Text proposed by the Commission Amendment

6 b.Α ‘European Online Content Dispute Settlement Fund’ should be established to be managed by the EU. The fund shall be independent and its financial resources may come from administrative fines imposed under the DSA and contributions by the EU, member states and other stakeholders.

Or. en

AM\1234906EN.docx 69/165 PE695.033v01-00 EN Amendment 399 François-Xavier Bellamy, Geoffroy Didier

Proposal for a regulation Article 19

Text proposed by the Commission Amendment

[...] deleted

Or. en

Amendment 400 Massimiliano Salini, Andrea Caroppo, Salvatore De Meo

Proposal for a regulation Article 19 – paragraph 1

Text proposed by the Commission Amendment

1. Online platforms shall take the 1. The providers of hosting services necessary technical and organisational shall take the necessary technical and measures to ensure that notices submitted organisational measures to ensure that by trusted flaggers through the mechanisms notices submitted by trusted flaggers referred to in Article 14, are processed and through the mechanisms referred to in decided upon with priority and without Article 14, are processed and acted upon a delay. face value with priority and without delay, and in appropriate circumstances, immediately.

Or. en

Amendment 401 Lina Gálvez Muñoz, Alicia Homs Ginel, Robert Hajšel, Carlos Zorrinho, Andris Ameriks, Nicolás González Casares, Romana Jerković, Eva Kaili, Adriana Maldonado López

Proposal for a regulation Article 19 – paragraph 1 a (new)

Text proposed by the Commission Amendment

1 a. Under certain cases such as cases based on existing internal systems or depending on urgencies, the regime of

PE695.033v01-00 70/165 AM\1234906EN.docx EN trusted flaggers should allow to exceptionally prioritise other notices in order to increase efficiency and involvement of all actors.

Or. en

Amendment 402 Mikuláš Peksa on behalf of the Greens/EFA Group

Proposal for a regulation Article 19 – paragraph 2 – introductory part

Text proposed by the Commission Amendment

2. The status of trusted flaggers under 2. The status of trusted flaggers under this Regulation shall be awarded, upon this Regulation shall be awarded, upon application by any entities, by the Digital application by any entities, by the Digital Services Coordinator of the Member State Services Coordinator of the Member State in which the applicant is established, where in which the applicant is established or by the applicant has demonstrated to meet all the Commission, where the applicant has of the following conditions: demonstrated to meet all of the following conditions:

Or. en

Justification

Change meant to facilitate harmonisation

Amendment 403 Lina Gálvez Muñoz, Patrizia Toia, Alicia Homs Ginel, Robert Hajšel, Carlos Zorrinho, Andris Ameriks, Nicolás González Casares, Romana Jerković, Eva Kaili, Adriana Maldonado López

Proposal for a regulation Article 19 – paragraph 2 – point a

Text proposed by the Commission Amendment

(a) it has particular expertise and (a) it has demonstrated particular competence for the purposes of detecting, competence, accuracy and expertise for identifying and notifying illegal content; the purposes of detecting, identifying and notifying illegal content;

AM\1234906EN.docx 71/165 PE695.033v01-00 EN Or. en

Amendment 404 Robert Roos, Jessica Stegrud

Proposal for a regulation Article 19 – paragraph 2 – point a

Text proposed by the Commission Amendment

(a) it has particular expertise and (a) it has particular expertise and competence for the purposes of detecting, competence for the purposes of detecting, identifying and notifying illegal content; identifying and notifying manifestly illegal content;

Or. en

Amendment 405 Robert Roos

Proposal for a regulation Article 19 – paragraph 2 – point a a (new)

Text proposed by the Commission Amendment

(a a) it has sufficient legal expertise as it comes to the law regarding freedom of expression and its limitations including the applicable case law of the European Court of Human Rights;

Or. en

Amendment 406 Marisa Matias on behalf of the The Left Group

Proposal for a regulation Article 19 – paragraph 2 – point b

Text proposed by the Commission Amendment

(b) it represents collective interests and (b) it represents public interests, has

PE695.033v01-00 72/165 AM\1234906EN.docx EN is independent from any online platform; no commercial interest in removing the content and is independent from any online platform or subcontractors;

Or. en

Amendment 407 Lina Gálvez Muñoz, Alicia Homs Ginel, Robert Hajšel, Carlos Zorrinho, Andris Ameriks, Nicolás González Casares, Romana Jerković, Eva Kaili, Patrizia Toia, Maria- Manuel Leitão-Marques, Adriana Maldonado López

Proposal for a regulation Article 19 – paragraph 2 – point b

Text proposed by the Commission Amendment

(b) it represents collective interests and (b) it represents collective interests, is independent from any online platform; ensures independent public interest representation and is independent from any online platform;

Or. en

Amendment 408 Eva Kaili

Proposal for a regulation Article 19 – paragraph 2 – point c

Text proposed by the Commission Amendment

(c) it carries out its activities for the (c) it carries out its activities for the purposes of submitting notices in a timely, purposes of submitting notices in a timely, diligent and objective manner. diligent and objective manner and is duly accredited.

Or. en

Amendment 409 Lina Gálvez Muñoz, Alicia Homs Ginel, Robert Hajšel, Carlos Zorrinho, Andris Ameriks, Nicolás González Casares, Romana Jerković, Eva Kaili, Patrizia Toia, Maria- Manuel Leitão-Marques, Adriana Maldonado López

AM\1234906EN.docx 73/165 PE695.033v01-00 EN Proposal for a regulation Article 19 – paragraph 2 – point c

Text proposed by the Commission Amendment

(c) it carries out its activities for the (c) it carries out its activities for the purposes of submitting notices in a timely, purposes of submitting notices in an diligent and objective manner. objective manner.

Or. en

Amendment 410 Lina Gálvez Muñoz, Alicia Homs Ginel, Robert Hajšel, Carlos Zorrinho, Andris Ameriks, Nicolás González Casares, Romana Jerković, Eva Kaili, Patrizia Toia, Maria- Manuel Leitão-Marques, Adriana Maldonado López

Proposal for a regulation Article 19 – paragraph 3

Text proposed by the Commission Amendment

3. Digital Services Coordinators shall 3. Digital Services Coordinators shall communicate to the Commission and the communicate to the Commission and the Board the names, addresses and electronic Board the names, addresses and electronic mail addresses of the entities to which they mail addresses of the entities to which they have awarded the status of the trusted have awarded the status of the trusted flagger in accordance with paragraph 2. flagger in accordance with paragraph 2. Digital Services Coordinators shall engage in dialogue with platforms and rights holders for maintaining the accuracy and efficacy of a trusted flagger system.

Or. en

Amendment 411 Mikuláš Peksa on behalf of the Greens/EFA Group

Proposal for a regulation Article 19 – paragraph 3

Text proposed by the Commission Amendment

3. Digital Services Coordinators shall 3. Digital Services Coordinators and

PE695.033v01-00 74/165 AM\1234906EN.docx EN communicate to the Commission and the the Commission shall communicate to the Board the names, addresses and electronic Board the names, addresses and electronic mail addresses of the entities to which they mail addresses of the entities to which they have awarded the status of the trusted have awarded the status of the trusted flagger in accordance with paragraph 2. flagger in accordance with paragraph 2.

Or. en

Justification

Change needed for legal consitency

Amendment 412 Bart Groothuis, Valérie Hayer, Nathalie Loiseau, Petras Auštrevičius, Morten Løkkegaard, Urmas Paet, Sandro Gozi, Christophe Grudler, Ivars Ijabs, Nicola Beer

Proposal for a regulation Article 19 – paragraph 4 a (new)

Text proposed by the Commission Amendment

4 a. Member States can acknowledge trusted flaggers recognized in another Member State as a trusted flagger on their own territory. Trusted flaggers can be awarded the status of European trusted flagger;

Or. en

Amendment 413 Mikuláš Peksa on behalf of the Greens/EFA Group

Proposal for a regulation Article 19 – paragraph 5

Text proposed by the Commission Amendment

5. Where an online platform has 5. Where an online platform has information indicating that a trusted flagger information indicating that a trusted flagger submitted a significant number of submitted a significant number of insufficiently precise or inadequately insufficiently precise or inadequately substantiated notices through the substantiated notices or notices regarding mechanisms referred to in Article 14, legal content through the mechanisms

AM\1234906EN.docx 75/165 PE695.033v01-00 EN including information gathered in referred to in Article 14, including connection to the processing of complaints information gathered in connection to the through the internal complaint-handling processing of complaints through the systems referred to in Article 17(3), it shall internal complaint-handling systems communicate that information to the referred to in Article 17(3), it shall Digital Services Coordinator that awarded communicate that information to the the status of trusted flagger to the entity Digital Services Coordinator that awarded concerned, providing the necessary the status of trusted flagger to the entity explanations and supporting documents. concerned, providing the necessary explanations and supporting documents.

Or. en

Justification

Ensuring legal clarity

Amendment 414 Mikuláš Peksa on behalf of the Greens/EFA Group

Proposal for a regulation Article 19 – paragraph 6

Text proposed by the Commission Amendment

6. The Digital Services Coordinator 6. The entity that awarded the status that awarded the status of trusted flagger to of trusted flagger to an entity shall revoke an entity shall revoke that status if it that status if it determines, following an determines, following an investigation investigation either on its own initiative or either on its own initiative or on the basis on the basis information received by third information received by third parties, parties, including the information provided including the information provided by an by an online platform pursuant to online platform pursuant to paragraph 5, paragraph 5, that the entity no longer meets that the entity no longer meets the the conditions set out in paragraph 2. conditions set out in paragraph 2. Before Before revoking that status, the Digital revoking that status, the Digital Services Services Coordinator shall afford the entity Coordinator shall afford the entity an an opportunity to react to the findings of its opportunity to react to the findings of its investigation and its intention to revoke the investigation and its intention to revoke the entity’s status as trusted flagger entity’s status as trusted flagger

Or. en

Justification

Change needed for consistency

PE695.033v01-00 76/165 AM\1234906EN.docx EN Amendment 415 Bart Groothuis, Valérie Hayer, Nathalie Loiseau, Petras Auštrevičius, Morten Løkkegaard, Urmas Paet, Sandro Gozi, Christophe Grudler, Ivars Ijabs, Nicola Beer

Proposal for a regulation Article 19 – paragraph 7

Text proposed by the Commission Amendment

7. The Commission, after consulting 7. The Commission, after consulting the Board, may issue guidance to assist the Board, shall issue guidance to assist online platforms and Digital Services online platforms and Digital Services Coordinators in the application of Coordinators in the application of paragraphs 5 and 6. paragraphs 2, 5 and 6.

Or. en

Amendment 416 Eva Kaili

Proposal for a regulation Article 19 – paragraph 7

Text proposed by the Commission Amendment

7. The Commission, after consulting 7. The Commission, after consulting the Board, may issue guidance to assist the Board, shall issue guidance to assist online platforms and Digital Services online platforms and Digital Services Coordinators in the application of Coordinators in the application of paragraphs 5 and 6. paragraphs 5 and 6.

Or. en

Amendment 417 Henna Virkkunen, Tomas Tobé, Adam Jarubas, Jerzy Buzek, Pilar del Castillo Vera, Tom Berendsen, Pernille Weiss

Proposal for a regulation Article 19 – paragraph 7 a (new)

Text proposed by the Commission Amendment

7 a. Online platforms shall, where

AM\1234906EN.docx 77/165 PE695.033v01-00 EN possible, provide trusted flaggers with access to technical means that help them detect illegal content on a large scale.

Or. en

Amendment 418 Lina Gálvez Muñoz, Patrizia Toia, Alicia Homs Ginel, Robert Hajšel, Carlos Zorrinho, Andris Ameriks, Nicolás González Casares, Romana Jerković, Eva Kaili, Maria-Manuel Leitão-Marques, Adriana Maldonado López

Proposal for a regulation Article 20 – paragraph 1

Text proposed by the Commission Amendment

1. Online platforms shall suspend, for 1. Online platforms shall suspend, for a reasonable period of time and after a reasonable period of time and after having issued a prior warning, the having issued a prior warning, the provision of their services to recipients of provision of their services to recipients of the service that frequently provide the service that frequently provide illegal manifestly illegal content. content. A termination of the service can be issued in case the recipients fail to comply with the applicable provisions set out in this Regulation or in case the suspension has occurred at least 3 times following verification of the repeated provision of illegal content.

Or. en

Amendment 419 Robert Roos

Proposal for a regulation Article 20 – paragraph 1

Text proposed by the Commission Amendment

1. Online platforms shall suspend, for 1. Online platforms may suspend, for a reasonable period of time and after a reasonable period of time and after having issued a prior warning, the having issued a prior warning, the provision of their services to recipients of provision of their services to recipients of the service that frequently provide the service that frequently provide proven illegal content, taking into account the

PE695.033v01-00 78/165 AM\1234906EN.docx EN manifestly illegal content. severity of the illegal content disseminated via the online platform.

Or. en

Amendment 420 Mikuláš Peksa on behalf of the Greens/EFA Group

Proposal for a regulation Article 20 – paragraph 1

Text proposed by the Commission Amendment

1. Online platforms shall suspend, for 1. Online platforms may suspend, a reasonable period of time and after only for a reasonable short period of time having issued a prior warning, the and after having issued a prior warning and provision of their services to recipients of after providing a comprehensive the service that frequently provide explanation, the provision of their services manifestly illegal content. to recipients of the service that frequently provide manifestly illegal content.

Or. en

Justification

Introducing safeguards

Amendment 421 Massimiliano Salini, Andrea Caroppo, Salvatore De Meo

Proposal for a regulation Article 20 – paragraph 1

Text proposed by the Commission Amendment

1. Online platforms shall suspend, for 1. Providers of intermediary services a reasonable period of time and after shall suspend, for a reasonable period of having issued a prior warning, the time, or in appropriate circumstances provision of their services to recipients of terminate, and after having issued a prior the service that frequently provide warning, the provision of their services to manifestly illegal content. recipients of the service that frequently provide illegal content.

Or. en

AM\1234906EN.docx 79/165 PE695.033v01-00 EN Justification

Article 20 should be transferred to Chapter III Section 1 above which applies to all providers of intermediary services.

Amendment 422 Henna Virkkunen, Eva Maydell, Tomas Tobé, Adam Jarubas, Jerzy Buzek, Pilar del Castillo Vera, Tom Berendsen, Massimiliano Salini, Pernille Weiss, Sara Skyttedal

Proposal for a regulation Article 20 – paragraph 1

Text proposed by the Commission Amendment

1. Online platforms shall suspend, for 1. Online platforms shall suspend, for a reasonable period of time and after a reasonable period of time and after having issued a prior warning, the having issued a prior warning, or in provision of their services to recipients of appropriate circumstances terminate, the the service that frequently provide provision of their services to recipients of manifestly illegal content. the service that frequently provide illegal content.

Or. en

Amendment 423 Robert Roos

Proposal for a regulation Article 20 – paragraph 1 a (new)

Text proposed by the Commission Amendment

1 a. Online platforms shall without any delay terminate the provision of their services to recipients disseminating manifestly illegal content, given that the manifestly illegal content also constitutes as a crime against the public order, the public morals or the public health.

Or. en

Justification

Manifestly illegal content could also consist of IP-rights infringements . While certain

PE695.033v01-00 80/165 AM\1234906EN.docx EN infringements could lead to a temporary, or even permanent suspension, these breaches shall not be dealt with in the same way as manifestly illegal content that also constitutes to a crime against the public order, public morals, or public health (i.e. child abuse, or the sale of illegal drugs)

Amendment 424 Robert Roos

Proposal for a regulation Article 20 – paragraph 1 b (new)

Text proposed by the Commission Amendment

1 b. Online platforms may 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 repeatedly provide manifestly illegal content that not constitutes as an assault to the public order, the public health, or the public morals. Online platforms shall take into account the severity of the illegal content disseminated via the online platform.

Or. en

Amendment 425 Massimiliano Salini, Andrea Caroppo, Salvatore De Meo

Proposal for a regulation Article 20 – paragraph 2

Text proposed by the Commission Amendment

2. Online platforms shall suspend, for 2. Providers of intermediary services a reasonable period of time and after shall suspend, for a reasonable period of having issued a prior warning, the time and after having issued a prior processing of notices and complaints warning, the processing of notices and submitted through the notice and action complaints submitted through the notice mechanisms and internal complaints- and action mechanisms and internal handling systems referred to in Articles 14 complaints-handling systems referred to in and 17, respectively, by individuals or Articles 14 and 17, respectively, by entities or by complainants that frequently individuals or entities or by complainants submit notices or complaints that are that frequently submit notices or

AM\1234906EN.docx 81/165 PE695.033v01-00 EN manifestly unfounded. complaints that are manifestly unfounded.

Or. en

Amendment 426 Lina Gálvez Muñoz, Alicia Homs Ginel, Robert Hajšel, Carlos Zorrinho, Andris Ameriks, Nicolás González Casares, Romana Jerković, Eva Kaili, Maria-Manuel Leitão- Marques, Adriana Maldonado López

Proposal for a regulation Article 20 – paragraph 2

Text proposed by the Commission Amendment

2. Online platforms shall suspend, for 2. Online platforms shall suspend, for a reasonable period of time and after a reasonable period of time and after having issued a prior warning, the having issued a prior warning, the processing of notices and complaints processing of notices and complaints submitted through the notice and action submitted through the notice and action mechanisms and internal complaints- mechanisms and internal complaints- handling systems referred to in Articles 14 handling systems referred to in Articles 14 and 17, respectively, by individuals or and 17, respectively, by individuals or entities or by complainants that frequently entities or by complainants that frequently submit notices or complaints that are submit notices or complaints that are manifestly unfounded. unfounded.

Or. en

Amendment 427 Henna Virkkunen, Tomas Tobé, Adam Jarubas, Jerzy Buzek, Pilar del Castillo Vera, Tom Berendsen, Pernille Weiss

Proposal for a regulation Article 20 – paragraph 2

Text proposed by the Commission Amendment

2. Online platforms shall suspend, for 2. Online platforms shall suspend, for a reasonable period of time and after a reasonable period of time and after having issued a prior warning, the having issued a prior warning, the processing of notices and complaints processing of notices and complaints submitted through the notice and action submitted through the notice and action mechanisms and internal complaints- mechanisms and internal complaints- handling systems referred to in Articles 14 handling systems referred to in Articles 14 and 17, respectively, by individuals or and 17, respectively, by individuals or

PE695.033v01-00 82/165 AM\1234906EN.docx EN entities or by complainants that frequently entities or by complainants that frequently submit notices or complaints that are submit notices or complaints that are manifestly unfounded. unfounded.

Or. en

Amendment 428 Massimiliano Salini, Andrea Caroppo, Salvatore De Meo

Proposal for a regulation Article 20 – paragraph 3 – introductory part

Text proposed by the Commission Amendment

3. Online platforms shall assess, on a 3. Providers of intermediary services case-by-case basis and in a timely, diligent shall assess, on a case-by-case basis and in and objective manner, whether a recipient, a timely, diligent and objective manner, individual, entity or complainant engages whether a recipient, individual, entity or in the misuse referred to in paragraphs 1 complainant engages in the misuse referred and 2, taking into account all relevant facts to in paragraphs 1 and 2, taking into and circumstances apparent from the account all relevant facts and information available to the online circumstances apparent from the platform. Those circumstances shall information available to the online include at least the following: platform. Those circumstances shall include at least the following:

Or. en

Amendment 429 Lina Gálvez Muñoz, Alicia Homs Ginel, Robert Hajšel, Carlos Zorrinho, Andris Ameriks, Nicolás González Casares, Romana Jerković, Eva Kaili, Maria-Manuel Leitão- Marques, Adriana Maldonado López

Proposal for a regulation Article 20 – paragraph 3 – point a

Text proposed by the Commission Amendment

(a) the absolute numbers of items of (a) the absolute numbers of items of manifestly illegal content or manifestly illegal content or manifestly unfounded unfounded notices or complaints, notices or complaints, submitted in the past submitted in the past year; year;

Or. en

AM\1234906EN.docx 83/165 PE695.033v01-00 EN Amendment 430 Henna Virkkunen, Tomas Tobé, Adam Jarubas, Jerzy Buzek, Pilar del Castillo Vera, Tom Berendsen, Pernille Weiss

Proposal for a regulation Article 20 – paragraph 3 – point a

Text proposed by the Commission Amendment

(a) the absolute numbers of items of (a) the absolute numbers of items of manifestly illegal content or manifestly illegal content or unfounded notices or unfounded notices or complaints, complaints, submitted in the past year; submitted in the past year;

Or. en

Amendment 431 Massimiliano Salini, Andrea Caroppo, Salvatore De Meo

Proposal for a regulation Article 20 – paragraph 3 – point a

Text proposed by the Commission Amendment

(a) the absolute numbers of items of (a) the absolute numbers of items of manifestly illegal content or manifestly illegal content or knowingly unfounded unfounded notices or complaints, notices or complaints, submitted in the past submitted in the past year; year;

Or. en

Amendment 432 Lina Gálvez Muñoz, Alicia Homs Ginel, Robert Hajšel, Carlos Zorrinho, Andris Ameriks, Nicolás González Casares, Romana Jerković, Eva Kaili, Maria-Manuel Leitão- Marques, Adriana Maldonado López

Proposal for a regulation Article 20 – paragraph 3 – point d

Text proposed by the Commission Amendment

(d) the intention of the recipient, deleted individual, entity or complainant.

PE695.033v01-00 84/165 AM\1234906EN.docx EN Or. en

Justification

It would require to assess the intention of the user, which could led let to different interpretations.

Amendment 433 Massimiliano Salini, Andrea Caroppo, Salvatore De Meo

Proposal for a regulation Article 20 – paragraph 4

Text proposed by the Commission Amendment

4. Online platforms shall set out, in a 4. Providers of intermediary services clear and detailed manner, their policy in shall set out, in a clear and detailed respect of the misuse referred to in manner, their policy in respect of the paragraphs 1 and 2 in their terms and misuse referred to in paragraphs 1 and 2 in conditions, including as regards the facts their terms and conditions, including as and circumstances that they take into regards the facts and circumstances that account when assessing whether certain they take into account when assessing behaviour constitutes misuse and the whether certain behaviour constitutes duration of the suspension. misuse and the duration of the suspension and the circumstances in which they will terminate their services.

Or. en

Amendment 434 Henna Virkkunen, Eva Maydell, Tomas Tobé, Adam Jarubas, Jerzy Buzek, Pilar del Castillo Vera, Tom Berendsen, Massimiliano Salini, Pernille Weiss, Sara Skyttedal

Proposal for a regulation Article 20 – paragraph 4

Text proposed by the Commission Amendment

4. Online platforms shall set out, in a 4. Online platforms shall set out, in a clear and detailed manner, their policy in clear and detailed manner, their policy in respect of the misuse referred to in respect of the misuse referred to in paragraphs 1 and 2 in their terms and paragraphs 1 and 2 in their terms and conditions, including as regards the facts conditions, including as regards the facts and circumstances that they take into and circumstances that they take into account when assessing whether certain account when assessing whether certain

AM\1234906EN.docx 85/165 PE695.033v01-00 EN behaviour constitutes misuse and the behaviour constitutes misuse and the duration of the suspension. duration of the suspension, and the circumstances in which they will terminate their services.

Or. en

Amendment 435 Robert Roos, Jessica Stegrud

Proposal for a regulation Article 20 – paragraph 4 a (new)

Text proposed by the Commission Amendment

4 a. If the recipients account is suspended and the online platform constitutes as a very large online platform, the Freedom of Expression Officer is notified about the suspension immediately.

Or. en

Amendment 436 Gianna Gancia, Elena Lizzi

Proposal for a regulation Article 21 – paragraph 1

Text proposed by the Commission Amendment

1. Where an online platform becomes 1. Where an online platform becomes aware of any information giving rise to a aware of any information giving rise to a suspicion that a serious criminal offence suspicion that a serious criminal offence involving a threat to the life or safety of involving a threat to the life or safety of persons has taken place, is taking place or persons has taken place, is taking place or is likely to take place, it shall promptly is likely to take place, it shall promptly inform the law enforcement or judicial inform the law enforcement or judicial authorities of the Member State or Member authorities of the Member State or Member States concerned of its suspicion and States concerned, or the law enforcement provide all relevant information available. authorities of the Member State in which it is established or has its legal representative, or Europol, of its suspicion and provide all relevant information

PE695.033v01-00 86/165 AM\1234906EN.docx EN available.

Or. en

Amendment 437 Henna Virkkunen, Eva Maydell, Tomas Tobé, Adam Jarubas, Jerzy Buzek, Pilar del Castillo Vera, Tom Berendsen, Pernille Weiss, Sara Skyttedal

Proposal for a regulation Article 21 – paragraph 2 – subparagraph 1

Text proposed by the Commission Amendment

2. Where the online platform cannot 2. Where the online platform cannot identify with reasonable certainty the identify with reasonable certainty the Member State concerned, it shall inform Member State concerned, it shall inform the law enforcement authorities of the the law enforcement authorities of the Member State in which it is established or Member State in which it is has its main has its legal representative or inform establishment or has its legal Europol. representative or and also transmit this information to Europol for appropriate follow-up.

Or. en

Amendment 438 François-Xavier Bellamy, Geoffroy Didier, Sabine Verheyen

Proposal for a regulation Article 22

Text proposed by the Commission Amendment

[...] deleted

Or. en

Amendment 439 Bart Groothuis, Nathalie Loiseau, Morten Løkkegaard, Petras Auštrevičius, Urmas Paet, Christophe Grudler, Ivars Ijabs, Nicola Beer

Proposal for a regulation Article 22 – title

AM\1234906EN.docx 87/165 PE695.033v01-00 EN Text proposed by the Commission Amendment

22 Traceability of traders 22 Traceability of traders and online advertisers

Or. en

Amendment 440 Massimiliano Salini, Andrea Caroppo, Salvatore De Meo

Proposal for a regulation Article 22 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

1. Where an online platform allows 1. A provider of intermediary services consumers to conclude distance contracts shall ensure it has obtained the following with traders, it shall ensure that traders information from a trader before starting can only use its services to promote the use of its services: 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:

Or. en

Justification

The application of the ‘traceability of traders’ obligation in the DSA proposal to online marketplaces would be an incomplete solution as it is far too narrow in scope. It should be applied to all intermediary services.The provision of illegal digital content inevitably relies on the services of other intermediaries for infrastructure and support. Therefore, all such intermediaries should be subject to this obligation.

Amendment 441 Marisa Matias on behalf of the The Left Group

Proposal for a regulation Article 22 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

PE695.033v01-00 88/165 AM\1234906EN.docx EN 1. Where an online platform allows 1. Where an online platform allows consumers to conclude distance contracts consumers to conclude distance contracts with traders, it shall ensure that traders can with traders, it shall ensure that traders can only use its services to promote messages only use its services to promote messages on or to offer products or services to on or to offer products or services to consumers located in the Union if, prior to consumers located in the Union if, prior to the use of its services, the online platform the use of its services, the online platform has obtained the following information: has, in the case of third-country traders, verified that the latter has a European branch or representative, and has obtained the following information :

Or. en

Amendment 442 Henna Virkkunen, Eva Maydell, Tomas Tobé, Adam Jarubas, Jerzy Buzek, Pilar del Castillo Vera, Tom Berendsen, Pernille Weiss, Sara Skyttedal

Proposal for a regulation Article 22 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

1. Where an online platform allows 1. Where an online platform allows consumers to conclude distance contracts consumers to conclude distance contracts with traders, it shall ensure that traders can with professional traders on the platform, only use its services to promote messages it shall ensure that traders can only use its on or to offer products or services to services to promote messages on or to offer consumers located in the Union if, prior to products or services to consumers located the use of its services, the online platform in the Union if, prior to the use of its has obtained the following information: services, the online platform has obtained from the trader the following information:

Or. en

Amendment 443 Lina Gálvez Muñoz, Alicia Homs Ginel, Robert Hajšel, Carlos Zorrinho, Andris Ameriks, Nicolás González Casares, Romana Jerković, Eva Kaili, Maria-Manuel Leitão- Marques, Adriana Maldonado López

Proposal for a regulation Article 22 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

AM\1234906EN.docx 89/165 PE695.033v01-00 EN 1. Where an online platform allows 1. Where an online platform allows consumers to conclude distance contracts consumers to conclude distance contracts with traders, it shall ensure that traders can with traders, be it business-to-consumer or only use its services to promote messages peer-to peer, it shall ensure that traders can on or to offer products or services to only use its services to promote messages consumers located in the Union if, prior to on or to offer products or services to the use of its services, the online platform consumers located in the Union if, prior to has obtained the following information: the use of its services, the online platform has obtained the following information:

Or. en

Justification

Relevant trade conducted within online platforms can be either business-to-consumer (B2C), thus, from professional traders to consumers, or peer provider-to-peer consumer (P2P), in the "collaborative” or the "sharing economy" (eBay, Airbnb, Blablacar, etc.). This AM reinforces the KYBC principle for marketplaces and extend its use of other intermediaries (advertising services, web hosting, domain name registrations).

Amendment 444 Bart Groothuis, Nathalie Loiseau, Petras Auštrevičius, Morten Løkkegaard, Urmas Paet, Christophe Grudler, Ivars Ijabs, Nicola Beer

Proposal for a regulation Article 22 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

1. Where an online platform allows 1. Where an online platform allows consumers to conclude distance contracts consumers to conclude distance contracts with traders, it shall ensure that traders can with traders or sells online advertisements, only use its services to promote messages it shall ensure that traders can only use its on or to offer products or services to services to promote messages on or to offer consumers located in the Union if, prior to products or services to consumers located the use of its services, the online platform in the Union if, prior to the use of its has obtained the following information: services, the online platform has obtained the following information:

Or. en

Amendment 445 Valérie Hayer, Christophe Grudler, Dominique Riquet, Iskra Mihaylova, Susana Solís Pérez, Klemen Grošelj, Nicola Beer, Nicola Danti, Bart Groothuis, Martin Hojsík

PE695.033v01-00 90/165 AM\1234906EN.docx EN Proposal for a regulation Article 22 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

1. Where an online platform allows 1. Providers of online marketplaces consumers to conclude distance contracts shall ensure that traders can only use their with traders, it shall ensure that traders can services to promote messages on or to offer only use its services to promote messages products or services to consumers located on or to offer products or services to in the Union if, prior to the use of their consumers located in the Union if, prior to services, online marketplaces have the use of its services, the online platform obtained the following information: has obtained the following information:

Or. en

Amendment 446 Martin Hojsík

Proposal for a regulation Article 22 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

1. Where an online platform allows 1. Providers of online marketplaces consumers to conclude distance contracts shall ensure that traders can only use their with traders, it shall ensure that traders can services to promote messages on or to offer only use its services to promote messages products or services to consumers located on or to offer products or services to in the Union if, prior to the use of their consumers located in the Union if, prior to services, online marketplaces have the use of its services, the online platform obtained and checked the substance of the has obtained the following information: following information:

Or. en

Justification

In order to avoid loopholes in the legislation and users’ miscomprehension on the origin and purpose of advertisements and products, the platform must not only obtain the information required to the supplier, but also check the info. Within the information, the data related to product safety such as product labelling and registration number (where applicable) also need to be obtained and checked.

Amendment 447 Mikuláš Peksa

AM\1234906EN.docx 91/165 PE695.033v01-00 EN on behalf of the Greens/EFA Group

Proposal for a regulation Article 22 – paragraph 1 – point b

Text proposed by the Commission Amendment

(b) a copy of the identification deleted document of the trader or any other electronic identification as defined by Article 3 of Regulation (EU) No 910/2014 of the European Parliament and of the Council50 ; ______50 Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC

Or. en

Justification

Safeguards are needed for occasional traders that are natural persons.

Amendment 448 Henna Virkkunen, Eva Maydell, Tomas Tobé, Adam Jarubas, Jerzy Buzek, Pilar del Castillo Vera, Tom Berendsen, Pernille Weiss

Proposal for a regulation Article 22 – paragraph 1 – point c

Text proposed by the Commission Amendment

(c) the bank account details of the deleted trader, where the trader is a natural person;

Or. en

Amendment 449

PE695.033v01-00 92/165 AM\1234906EN.docx EN Mikuláš Peksa on behalf of the Greens/EFA Group

Proposal for a regulation Article 22 – paragraph 1 – point c

Text proposed by the Commission Amendment

(c) the bank account details of the deleted trader, where the trader is a natural person;

Or. en

Justification

Safeguards are needed for occasional traders that are natural persons.

Amendment 450 Henna Virkkunen, Tomas Tobé, Adam Jarubas, Jerzy Buzek, Pilar del Castillo Vera, Tom Berendsen, Pernille Weiss, Sara Skyttedal

Proposal for a regulation Article 22 – paragraph 1 – point d

Text proposed by the Commission Amendment

(d) the name, address, telephone (d) to the extent the contract relates to number and electronic mail address of the products that are subject to the Union economic operator, within the meaning of Regulations listed in Article 4(5) of Article 3(13) and Article 4 of Regulation Regulation (EU) 2019/1020 of the (EU) 2019/1020 of the European European Parliament and the Council, Parliament and the Council51 or any the name, address, telephone number and relevant act of Union law; electronic mail address of the economic operator, established in the Union, referred to in Article 4(1) of Regulation (EU) 2019/1020 of the European Parliament and the Council or any relevant act of Union law; ______51 Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU)

AM\1234906EN.docx 93/165 PE695.033v01-00 EN No 305/2011 (OJ L 169, 25.6.2019, p. 1).

Or. en

Amendment 451 Lina Gálvez Muñoz, Alicia Homs Ginel, Robert Hajšel, Carlos Zorrinho, Andris Ameriks, Nicolás González Casares, Romana Jerković, Eva Kaili, Maria-Manuel Leitão- Marques, Adriana Maldonado López

Proposal for a regulation Article 22 – paragraph 1 – point f

Text proposed by the Commission Amendment

(f) a self-certification by the trader deleted committing to only offer products or services that comply with the applicable rules of Union law.

Or. en

Amendment 452 Martin Hojsík

Proposal for a regulation Article 22 – paragraph 1 – point f a (new)

Text proposed by the Commission Amendment

(f a) product safety information such as product labelling and registration number, where applicable, for the mitigation of risks posed by specific types of products.

Or. en

Amendment 453 Pernille Weiss

Proposal for a regulation Article 22 – paragraph 1 a (new)

PE695.033v01-00 94/165 AM\1234906EN.docx EN Text proposed by the Commission Amendment

1 a. With reference to Article 5 a platform is obliged to verify that the following requirements are in compliance with Union and national law; 1. the product bears the required conformity marking; 2. the product is accompanied by relevant documents such as the EU declaration of conformity and by instructions and safety information in a language which can be easily understood by consumers and other end-users if required by the applicable legislation; 3. an indication of (a) name, (b) registered trade name or trademark and (c) the address at which the trader can be contacted regarding the product. If not possible to fulfil because of physical characteristics of the product, on its packaging and/or on the accompanying documentation the product shall bear a type, batch or serial number or other element allowing identification;

Or. en

Justification

As many platforms never receive the products physically, the documentation requirements should be uploaded and checked digitally e.g. by the seller uploading image documentation and declaration of conformity via an electronic system.

Amendment 454 Massimiliano Salini, Andrea Caroppo, Salvatore De Meo

Proposal for a regulation Article 22 – paragraph 2

Text proposed by the Commission Amendment

2. The online platform shall, upon 2. The provider of intermediary receiving that information, make services shall, upon receiving that reasonable efforts to assess whether the information, take effective steps that information referred to in points (a), (d) would reasonably be taken by a diligent

AM\1234906EN.docx 95/165 PE695.033v01-00 EN and (e) of paragraph 1 is reliable through operator in accordance with a high the use of any freely accessible official industry standard of professional online database or online interface made diligence to assess whether the information available by a Member States or the Union referred to in points (a), (d) and (e) of or through requests to the trader to provide paragraph 1 is accurate, current and supporting documents from reliable reliable through the use of independent sources. and reliable sources including any freely accessible official online database 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. The provider of intermediary services should require that traders promptly inform them of any changes to the information referred to in points (a), (d) and (e) and regularly repeat this verification process at least once per year. The provider of intermediary services should ensure that any trader, against whom the measure set out in Article 20(1) was applied, is not permitted to use the service, including under a different name.

Or. en

Amendment 455 Henna Virkkunen, Tomas Tobé, Adam Jarubas, Jerzy Buzek, Pilar del Castillo Vera, Tom Berendsen, Pernille Weiss, Sara Skyttedal

Proposal for a regulation Article 22 – paragraph 2

Text proposed by the Commission Amendment

2. The online platform shall, upon 2. The online platform shall, upon receiving that information, make receiving that information, take effective reasonable efforts to assess whether the steps that would reasonably be taken by a information referred to in points (a), (d) diligent operator in accordance with a and (e) of paragraph 1 is reliable through high industry standard of professional the use of any freely accessible official diligence to assess whether the information online database or online interface made referred to in points (a), (d) and (e) of available by a Member States or the Union paragraph 1 is accurate, current and or through requests to the trader to provide reliable through the use of independent supporting documents from reliable and reliable sources including any freely sources. accessible official online database or online interface made available by a Member

PE695.033v01-00 96/165 AM\1234906EN.docx EN States or the Union or through requests to the trader to provide supporting documents from reliable sources. The provider of intermediary services should require that traders promptly inform them of any changes to the information referred to in points (a), (d) and (e) and regularly repeat this verification process.

Or. en

Amendment 456 Marisa Matias on behalf of the The Left Group

Proposal for a regulation Article 22 – paragraph 2

Text proposed by the Commission Amendment

2. The online platform shall, upon 2. The online platform shall, upon receiving that information, make receiving that information, make reasonable efforts to assess whether the reasonable efforts to assess whether the information referred to in points (a), (d) information referred to in points (a), (d) and (e) of paragraph 1 is reliable through and (e) of paragraph 1 is reliable through the use of any freely accessible official the use of any freely accessible official online database or online interface made online database or online interface made available by a Member States or the Union available by a Member States or the Union or through requests to the trader to provide or through requests to the trader to provide supporting documents from reliable supporting documents from reliable sources. sources. Online marketplaces should conduct periodic checks on trader accounts and the products and services they facilitate offering in view of respecting Article 7.

Or. en

Amendment 457 Martin Hojsík, Valérie Hayer

Proposal for a regulation Article 22 – paragraph 2

AM\1234906EN.docx 97/165 PE695.033v01-00 EN Text proposed by the Commission Amendment

2. The online platform shall, upon 2. The provider of the online receiving that information, make marketplace shall, upon receiving that reasonable efforts to assess whether the information, make reasonable efforts to information referred to in points (a), (d) assess whether the information referred to and (e) of paragraph 1 is reliable through in points (a), (d) and (e) of paragraph 1 is the use of any freely accessible official reliable through the use of any freely online database or online interface made accessible official online database or online available by a Member States or the Union interface made available by an authorized or through requests to the trader to provide administrator or a Member States or the supporting documents from reliable Union or through requests to the trader to sources. provide supporting documents from reliable sources.

Or. en

Justification

In some cases it is not Member states, but administrators authorised in that Member State or in the EU, therefore the scope should not be limited to the Members States or the Union´s authorities.

Amendment 458 Gianna Gancia, Elena Lizzi

Proposal for a regulation Article 22 – paragraph 2

Text proposed by the Commission Amendment

2. The online platform shall, upon 2. The online platform shall, upon receiving that information, make receiving that information, do what is reasonable efforts to assess whether the required by this Regulation to assess information referred to in points (a), (d) whether the information referred to in and (e) of paragraph 1 is reliable through points (a), (d) and (e) of paragraph 1 is the use of any freely accessible official reliable through the use of any freely online database or online interface made accessible official online database or online available by a Member States or the Union interface made available by a Member or through requests to the trader to provide States or the Union or through requests to supporting documents from reliable the trader to provide supporting documents sources. from reliable sources.

Or. en

PE695.033v01-00 98/165 AM\1234906EN.docx EN Amendment 459 Valérie Hayer, Christophe Grudler, Dominique Riquet, Iskra Mihaylova, Susana Solís Pérez, Klemen Grošelj, Nicola Beer, Nicola Danti, Bart Groothuis, Martin Hojsík

Proposal for a regulation Article 22 – paragraph 2

Text proposed by the Commission Amendment

2. The online platform shall, upon 2. The provider of the online receiving that information, make marketplace shall, upon receiving that reasonable efforts to assess whether the information, make reasonable efforts to information referred to in points (a), (d) assess whether the information referred to and (e) of paragraph 1 is reliable through in points (a), (d) and (e) of paragraph 1 is the use of any freely accessible official reliable through the use of any freely online database or online interface made accessible official online database or online available by a Member States or the Union interface made available by a Member or through requests to the trader to provide States or the Union or through requests to supporting documents from reliable the trader to provide supporting documents sources. from reliable sources.

Or. en

Amendment 460 Mikuláš Peksa on behalf of the Greens/EFA Group

Proposal for a regulation Article 22 – paragraph 2

Text proposed by the Commission Amendment

2. The online platform shall, upon 2. Very large online platforms shall, receiving that information, make upon receiving that information, make reasonable efforts to assess whether the reasonable efforts to assess whether the information referred to in points (a), (d) information referred to in points (a), (d) and (e) of paragraph 1 is reliable through and (e) of paragraph 1 is reliable through the use of any freely accessible official the use of any freely accessible official online database or online interface made online database or online interface made available by a Member States or the Union available by a Member States or the Union or through requests to the trader to provide or through requests to the trader to provide supporting documents from reliable supporting documents from reliable sources. sources.

Or. en

AM\1234906EN.docx 99/165 PE695.033v01-00 EN Justification

Introducing proportionality

Amendment 461 Marisa Matias on behalf of the The Left Group

Proposal for a regulation Article 22 – paragraph 2 a (new)

Text proposed by the Commission Amendment

2 a. Platforms conduct regular and diligent checks on traders’ legitimacy and the information they provide as soon as they receive it. The online platform shall : a) prevent the online offer of unsafe and non-compliant products and product categories, namely by checking in official online databases in compliance with the recommendation of the European Product Safety Pledge. b) prevent the online offer of counterfeit products. c) cooperate ex post where necessary with regard to dangerous products already sold, namely with the competent authorities and take action to warn consumers.

Or. en

Amendment 462 Henna Virkkunen, Tomas Tobé, Adam Jarubas, Jerzy Buzek, Pilar del Castillo Vera, Tom Berendsen, Pernille Weiss, Sara Skyttedal

Proposal for a regulation Article 22 – paragraph 3 – subparagraph 1

Text proposed by the Commission Amendment

3. Where the online platform obtains 3. Where the online platform obtains indications that any item of information indications, through its effective steps that

PE695.033v01-00 100/165 AM\1234906EN.docx EN referred to in paragraph 1 obtained from would reasonably be taken by a diligent the trader concerned is inaccurate or operator under paragraph 2 or through incomplete, that platform shall request the Member States’ consumer authorities, that trader to correct the information in so far as any item of information referred to in necessary to ensure that all information is paragraph 1 obtained from the trader accurate and complete, without delay or concerned is inaccurate, out of date or within the time period set by Union and incomplete, that platform shall request the national law. 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.

Or. en

Amendment 463 Massimiliano Salini, Andrea Caroppo, Salvatore De Meo

Proposal for a regulation Article 22 – paragraph 3 – subparagraph 1

Text proposed by the Commission Amendment

3. Where the online platform obtains 3. Where the provider of intermediary indications that any item of information services obtains indications that any item referred to in paragraph 1 obtained from of information referred to in paragraph 1 the trader concerned is inaccurate or obtained from the trader concerned is incomplete, that platform shall request the inaccurate, out of date or incomplete, that trader to correct the information in so far as provider shall request the trader to correct necessary to ensure that all information is the information in so far as necessary to accurate and complete, without delay or ensure that all information is accurate and within the time period set by Union and complete, without delay or within the time national law. period set by Union and national law.

Or. en

Amendment 464 Valérie Hayer, Christophe Grudler, Dominique Riquet, Iskra Mihaylova, Susana Solís Pérez, Klemen Grošelj, Nicola Beer, Nicola Danti, Bart Groothuis, Martin Hojsík

Proposal for a regulation Article 22 – paragraph 3 – subparagraph 1

Text proposed by the Commission Amendment

AM\1234906EN.docx 101/165 PE695.033v01-00 EN 3. Where the online platform obtains 3. Where the provider of the online indications that any item of information marketplace obtains indications that any referred to in paragraph 1 obtained from item of information referred to in the trader concerned is inaccurate or paragraph 1 obtained from the trader incomplete, that platform shall request the concerned is inaccurate or incomplete, that trader to correct the information in so far as marketplace shall request the trader to necessary to ensure that all information is correct the information in so far as accurate and complete, without delay or necessary to ensure that all information is within the time period set by Union and accurate and complete, without delay or national law. within the time period set by Union and national law.

Or. en

Amendment 465 Massimiliano Salini, Andrea Caroppo, Salvatore De Meo

Proposal for a regulation Article 22 – paragraph 3 – subparagraph 2

Text proposed by the Commission Amendment

Where the trader fails to correct or Where the trader fails to correct or complete that information, the online complete that information, the provider of platform shall suspend the provision of its intermediary services shall suspend the service to the trader until the request is provision of its service to the trader until complied with. the request is complied with.

Or. en

Amendment 466 Mikuláš Peksa on behalf of the Greens/EFA Group

Proposal for a regulation Article 22 – paragraph 4

Text proposed by the Commission Amendment

4. The online platform shall store the 4. The online platform shall store the information obtained pursuant to paragraph information obtained pursuant to paragraph 1 and 2 in a secure manner for the duration 1 and 2 in a secure manner for the duration of their contractual relationship with the of their contractual relationship with the trader concerned. They shall subsequently trader concerned, including the period for redress. They shall subsequently delete the

PE695.033v01-00 102/165 AM\1234906EN.docx EN delete the information. information.

Or. en

Justification

Change needed for legal clarity

Amendment 467 Valérie Hayer, Christophe Grudler, Dominique Riquet, Iskra Mihaylova, Susana Solís Pérez, Klemen Grošelj, Nicola Beer, Nicola Danti, Bart Groothuis, Martin Hojsík

Proposal for a regulation Article 22 – paragraph 4

Text proposed by the Commission Amendment

4. The online platform shall store the 4. The provider of the online information obtained pursuant to paragraph marketplace shall store the information 1 and 2 in a secure manner for the duration obtained pursuant to paragraph 1 and 2 in a of their contractual relationship with the secure manner for the duration of their trader concerned. They shall subsequently contractual relationship with the trader delete the information. concerned. They shall subsequently delete the information.

Or. en

Amendment 468 Massimiliano Salini, Andrea Caroppo, Salvatore De Meo

Proposal for a regulation Article 22 – paragraph 4

Text proposed by the Commission Amendment

4. The online platform shall store the 4. The provider of intermediary information obtained pursuant to paragraph services shall store the information 1 and 2 in a secure manner for the duration obtained pursuant to paragraph 1 and 2 in a of their contractual relationship with the secure manner for the duration of their trader concerned. They shall subsequently contractual relationship with the trader delete the information. concerned. They shall subsequently delete the information.

Or. en

AM\1234906EN.docx 103/165 PE695.033v01-00 EN Amendment 469 Massimiliano Salini, Andrea Caroppo, Salvatore De Meo

Proposal for a regulation Article 22 – paragraph 5

Text proposed by the Commission Amendment

5. Without prejudice to paragraph 2, 5. Without prejudice to paragraph 2, the platform shall only disclose the the provider of intermediary services shall information to third parties where so only disclose the information to third required in accordance with the applicable parties where so required in accordance law, including the orders referred to in with the applicable law, including the Article 9 and any orders issued by Member orders referred to in Article 9 and any States’ competent authorities or the orders issued by Member States’ Commission for the performance of their competent authorities or the Commission tasks under this Regulation. for the performance of their tasks under this Regulation, and where the interested parties need to access information for the legitimate purpose of investigating infringements and enforcing their rights.

Or. en

Amendment 470 Valérie Hayer, Christophe Grudler, Dominique Riquet, Iskra Mihaylova, Susana Solís Pérez, Klemen Grošelj, Nicola Beer, Nicola Danti, Bart Groothuis, Martin Hojsík

Proposal for a regulation Article 22 – paragraph 5

Text proposed by the Commission Amendment

5. Without prejudice to paragraph 2, 5. Without prejudice to paragraph 2, the platform shall only disclose the the provider of the online marketplace information to third parties where so shall only disclose the information to third required in accordance with the applicable parties where so required in accordance law, including the orders referred to in with the applicable law, including the Article 9 and any orders issued by Member orders referred to in Article 9 and any States’ competent authorities or the orders issued by Member States’ Commission for the performance of their competent authorities or the Commission tasks under this Regulation. for the performance of their tasks under this Regulation.

Or. en

PE695.033v01-00 104/165 AM\1234906EN.docx EN Amendment 471 Valérie Hayer, Christophe Grudler, Dominique Riquet, Iskra Mihaylova, Susana Solís Pérez, Klemen Grošelj, Nicola Beer, Nicola Danti, Bart Groothuis, Martin Hojsík

Proposal for a regulation Article 22 – paragraph 6

Text proposed by the Commission Amendment

6. The online platform shall make the 6. The provider of the online information referred to in points (a), (d), marketplace shall make the information (e) and (f) of paragraph 1 available to the referred to in points (a), (d), (e) and (f) of recipients of the service, in a clear, easily paragraph 1 available to the recipients of accessible and comprehensible manner. the service, in a clear, easily accessible and comprehensible manner.

Or. en

Amendment 472 Massimiliano Salini, Andrea Caroppo, Salvatore De Meo

Proposal for a regulation Article 22 – paragraph 6

Text proposed by the Commission Amendment

6. The online platform shall make the 6. The provider of intermediary information referred to in points (a), (d), services shall make the information (e) and (f) of paragraph 1 available to the referred to in points (a), (d), (e) and (f) of recipients of the service, in a clear, easily paragraph 1 available to the recipients of accessible and comprehensible manner. the service, in a clear, easily accessible and comprehensible manner.

Or. en

Amendment 473 Valérie Hayer, Christophe Grudler, Dominique Riquet, Iskra Mihaylova, Susana Solís Pérez, Klemen Grošelj, Nicola Beer, Nicola Danti, Bart Groothuis, Martin Hojsík

Proposal for a regulation Article 22 – paragraph 7

AM\1234906EN.docx 105/165 PE695.033v01-00 EN Text proposed by the Commission Amendment

7. The online platform shall design 7. The provider of the online and organise its online interface in a way marketplace shall design and organise its that enables traders to comply with their online interface in a fair and user-friendly obligations regarding pre-contractual way that enables traders to comply with information and product safety information their obligations regarding pre-contractual under applicable Union law. information and product safety information under applicable Union law.

Or. en

Amendment 474 Massimiliano Salini, Andrea Caroppo, Salvatore De Meo

Proposal for a regulation Article 22 – paragraph 7

Text proposed by the Commission Amendment

7. The online platform shall design 7. The provider of intermediary and organise its online interface in a way services shall design and organise its that enables traders to comply with their online interface in a way that enables obligations regarding pre-contractual traders to comply with their obligations information and product safety information regarding pre-contractual information and under applicable Union law. product safety information under applicable Union law.

Or. en

Amendment 475 Valérie Hayer, Christophe Grudler, Dominique Riquet, Iskra Mihaylova, Susana Solís Pérez, Klemen Grošelj, Nicola Beer, Nicola Danti, Bart Groothuis, Martin Hojsík

Proposal for a regulation Article 22 – paragraph 7 a (new)

Text proposed by the Commission Amendment

7 a. The online interface shall allow traders to provide the information allowing for the unequivocal identification of the product or the service, and, where applicable, the information concerning the labelling,

PE695.033v01-00 106/165 AM\1234906EN.docx EN including CE marking, which are mandatory under applicable legislation on product safety and product compliance.

Or. en

Amendment 476 Robert Roos

Proposal for a regulation Article 22 – paragraph 7 a (new)

Text proposed by the Commission Amendment

7 a. The online platforms shall ensure that traders are swiftly approved, given that they provided the necessary information correctly;

Or. en

Amendment 477 Valérie Hayer, Christophe Grudler, Dominique Riquet, Iskra Mihaylova, Susana Solís Pérez, Klemen Grošelj, Nicola Beer, Nicola Danti, Martin Hojsík

Proposal for a regulation Article 22 a (new)

Text proposed by the Commission Amendment

Article 22 a Additional provisions for online marketplaces related to illegal offers 1. The provider of the online marketplace shall take adequate measures in order to prevent the dissemination by traders using its service of offers for a product or a service, which do not comply with Union law. 2. Where the provider of the online marketplace obtains indication including the elements listed in points (a) and (b) of paragraph 2 of Article 14, and according to which an item of information referred

AM\1234906EN.docx 107/165 PE695.033v01-00 EN to in Article 22 is inaccurate, that online marketplace service provider shall request the trader to give evidence of the accuracy of that item of information or to correct it, without delay. 3. Before the trader's offer is made available on the online marketplace, the provider of the online marketplace shall verify, with regard to the information referred to in paragraph 8 of Article 22, if the offer that the trader wishes to propose to consumers located in the Union is mentioned in the list, or the lists, of products or categories of products identifies as non compliant, as classified in any freely accessible official online database or online interface, and shall not authorise the trade to provide the offer if that the product is on such list. 4. Where a provider of the online marketplace becomes aware of the illegal nature of a product or service offered through its services, it shall inform those recipients of the service that had acquired such product or contracted such service. 5. The provider of the online marketplace shall demonstrate its best effort to put in place proportionate mechanisms to prevent offers for products that were previously notified in accordance with Article 14 on as counterfeiting from reappearing on the platform. Such mechanisms should not lead to general monitoring in conformity with Article 7 . 6. The provider of the online marketplace shall suspend without undue delay the provision of its services to traders that provide in a repeated manner or illegal offers for a product or a service. It shall immediately notify its decision to the trader.

Or. en

Justification

In the light of the expansion of online marketplaces and the susbtantial share of products

PE695.033v01-00 108/165 AM\1234906EN.docx EN proposed to European consumers that remain non-compliant or dangerous, additional specific provisions for providers of online marketplace services should be integrated in the DSA. These measure should not lead to a general monitoring from the provider.

Amendment 478 Henna Virkkunen, Tomas Tobé, Adam Jarubas, Jerzy Buzek, Pilar del Castillo Vera, Tom Berendsen, Pernille Weiss

Proposal for a regulation Article 23 – paragraph 1 – point b

Text proposed by the Commission Amendment

(b) the number of suspensions imposed (b) the number of suspensions imposed pursuant to Article 20, distinguishing pursuant to Article 20, distinguishing between suspensions enacted for the between suspensions enacted for the provision of manifestly illegal content, the provision of illegal content, the submission submission of manifestly unfounded of unfounded notices and the submission of notices and the submission of manifestly unfounded complaints; unfounded complaints;

Or. en

Amendment 479 Lina Gálvez Muñoz, Alicia Homs Ginel, Robert Hajšel, Carlos Zorrinho, Andris Ameriks, Nicolás González Casares, Romana Jerković, Eva Kaili, Maria-Manuel Leitão- Marques, Adriana Maldonado López

Proposal for a regulation Article 23 – paragraph 1 – point b

Text proposed by the Commission Amendment

(b) the number of suspensions imposed (b) the number of suspensions imposed pursuant to Article 20, distinguishing pursuant to Article 20, distinguishing between suspensions enacted for the between suspensions enacted for the provision of manifestly illegal content, the provision of illegal content, the submission submission of manifestly unfounded of unfounded notices and the submission of notices and the submission of manifestly unfounded complaints; unfounded complaints;

Or. en

AM\1234906EN.docx 109/165 PE695.033v01-00 EN Amendment 480 Robert Roos

Proposal for a regulation Article 23 – paragraph 1 – point b

Text proposed by the Commission Amendment

(b) the number of suspensions imposed (b) the number of suspensions imposed pursuant to Article 20, distinguishing pursuant to Article 20, distinguishing between suspensions enacted for the between suspensions enacted for the provision of manifestly illegal content, the provision of manifestly illegal content, the submission of manifestly unfounded submission of unfounded notices and the notices and the submission of manifestly submission of unfounded complaints; unfounded complaints;

Or. en

Amendment 481 Mikuláš Peksa on behalf of the Greens/EFA Group

Proposal for a regulation Article 23 – paragraph 3 a (new)

Text proposed by the Commission Amendment

3 a. Online platforms shall clearly state how and for what purpose they collect data from users of the service and how, to whom and for purpose they disseminate data collected further.

Or. en

Justification

Introducing transparency

Amendment 482 Bart Groothuis, Nathalie Loiseau, Petras Auštrevičius, Morten Løkkegaard, Urmas Paet, Sandro Gozi, Christophe Grudler, Ivars Ijabs, Nicola Beer

Proposal for a regulation Article 23 – paragraph 4

PE695.033v01-00 110/165 AM\1234906EN.docx EN Text proposed by the Commission Amendment

4. The Commission may adopt 4. The Commission shall adopt implementing acts to lay down templates implementing acts to establish a set of Key concerning the form, content and other Performance Indicators and lay down details of reports pursuant to paragraph 1. templates concerning the form, content and other details of reports pursuant to paragraph 1.

Or. en

Amendment 483 Marisa Matias on behalf of the The Left Group

Proposal for a regulation Article 24 – title

Text proposed by the Commission Amendment

Online advertising transparency Online advertising transparency requirements

Or. en

Amendment 484 Marisa Matias on behalf of the The Left Group

Proposal for a regulation Article 24 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

Online platforms that display advertising Online platforms that display advertising on their online interfaces shall ensure that on their online interfaces shall ensure that the recipients of the service can identify, the recipients of the service can identify, for each specific advertisement displayed for each specific advertisement displayed to each individual recipient, in a clear and to each individual recipient, in a clear, unambiguous manner and in real time: meaningful and unambiguous manner and in real time:

Or. en

AM\1234906EN.docx 111/165 PE695.033v01-00 EN Amendment 485 Eva Kaili

Proposal for a regulation Article 24 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

Online platforms that display advertising Online platforms that display advertising on their online interfaces shall ensure that on their online interfaces shall ensure that the recipients of the service can identify, the recipients of the service can identify, for each specific advertisement displayed for each specific advertisement displayed to each individual recipient, in a clear and to each individual recipient, in a clear and unambiguous manner and in real time: unambiguous manner, in real time at all times:

Or. en

Amendment 486 Marisa Matias on behalf of the The Left Group

Proposal for a regulation Article 24 – paragraph 1 – point a

Text proposed by the Commission Amendment

(a) that the information displayed is an (a) that the information displayed is an advertisement; advertisement and whether the advertisement has been optimised by an algorithm, including disclosure of all proxies that were used for optimization of an advertisement;

Or. en

Amendment 487 Lina Gálvez Muñoz, Alicia Homs Ginel, Robert Hajšel, Carlos Zorrinho, Andris Ameriks, Nicolás González Casares, Romana Jerković, Eva Kaili, Patrizia Toia, Maria- Manuel Leitão-Marques, Adriana Maldonado López

Proposal for a regulation Article 24 – paragraph 1 – point a

PE695.033v01-00 112/165 AM\1234906EN.docx EN Text proposed by the Commission Amendment

(a) that the information displayed is an (a) that the information displayed or advertisement; parts thereof is an online advertisement;

Or. en

Amendment 488 Marisa Matias on behalf of the The Left Group

Proposal for a regulation Article 24 – paragraph 1 – point b

Text proposed by the Commission Amendment

(b) the natural or legal person on (b) the natural or legal person on whose behalf the advertisement is whose behalf the advertisement is displayed; displayed and whether the advertisement was selected using an automated system and in that case, the identity of the natural or legal person(s) responsible for the system(s);

Or. en

Amendment 489 Lina Gálvez Muñoz, Alicia Homs Ginel, Robert Hajšel, Carlos Zorrinho, Andris Ameriks, Nicolás González Casares, Romana Jerković, Eva Kaili, Patrizia Toia, Maria- Manuel Leitão-Marques, Adriana Maldonado López

Proposal for a regulation Article 24 – paragraph 1 – point b

Text proposed by the Commission Amendment

(b) the natural or legal person on (b) the natural or legal person on whose behalf the advertisement is whose behalf the advertisement is displayed; displayed and the natural or legal person who finances the advertisement;

Or. en

AM\1234906EN.docx 113/165 PE695.033v01-00 EN Amendment 490 Gianna Gancia, Elena Lizzi

Proposal for a regulation Article 24 – paragraph 1 – point b

Text proposed by the Commission Amendment

(b) the natural or legal person on (b) the private or professional status of whose behalf the advertisement is the person on whose behalf the displayed; advertisement is displayed;

Or. en

Amendment 491 Eva Kaili

Proposal for a regulation Article 24 – paragraph 1 – point c

Text proposed by the Commission Amendment

(c) meaningful information about the (c) meaningful information about the main parameters used to determine the parameters used to determine the recipient recipient to whom the advertisement is to whom the advertisement is displayed displayed. with the same level of detail as specified by the advertiser, and including the optimisation objectives for the delivery of the advertisement as specified by the advertiser or applied by the online platform.

Or. en

Amendment 492 Marisa Matias on behalf of the The Left Group

Proposal for a regulation Article 24 – paragraph 1 – point c

Text proposed by the Commission Amendment

(c) meaningful information about the (c) meaningful information about all main parameters used to determine the parameters used to determine and target

PE695.033v01-00 114/165 AM\1234906EN.docx EN recipient to whom the advertisement is the recipient to whom the advertisement is displayed. displayed, including the category and source of personal data uploaded to the online platform and the legal basis for uploading this personal data pursuant to Regulation (EU) 2016/679;

Or. en

Amendment 493 Mikuláš Peksa on behalf of the Greens/EFA Group

Proposal for a regulation Article 24 – paragraph 1 – point c

Text proposed by the Commission Amendment

(c) meaningful information about the (c) meaningful information about the main parameters used to determine the parameters used to determine the recipient recipient to whom the advertisement is to whom the advertisement is displayed displayed. and how to change these parameters.

Or. en

Justification

Enhancing user control

Amendment 494 Lina Gálvez Muñoz, Alicia Homs Ginel, Robert Hajšel, Carlos Zorrinho, Andris Ameriks, Nicolás González Casares, Romana Jerković, Eva Kaili, Maria-Manuel Leitão- Marques, Adriana Maldonado López

Proposal for a regulation Article 24 – paragraph 1 – point c

Text proposed by the Commission Amendment

(c) meaningful information about the (c) clear meaningful information about main parameters used to determine the the parameters used to determine the recipient to whom the advertisement is recipient to whom the advertisement is displayed. displayed.

Or. en

AM\1234906EN.docx 115/165 PE695.033v01-00 EN Amendment 495 Marisa Matias on behalf of the The Left Group

Proposal for a regulation Article 24 – paragraph 1 – point c a (new)

Text proposed by the Commission Amendment

(c a) meaningful information about algorithms to optimise the advertisement, if any, including meaningful explanation of optimisation goal, proxy attributes used for its optimisation as well as meaningful explanation of reasons why online platform optimised and displayed the advertisement to this recipient in order to achieve its optimisation goal;

Or. en

Amendment 496 Lina Gálvez Muñoz, Alicia Homs Ginel, Robert Hajšel, Carlos Zorrinho, Andris Ameriks, Nicolás González Casares, Romana Jerković, Eva Kaili, Maria-Manuel Leitão- Marques, Adriana Maldonado López

Proposal for a regulation Article 24 – paragraph 1 – point c a (new)

Text proposed by the Commission Amendment

(c a) whether the advertisement was selected using an automated system and, in that case, the identity of the natural or legal person responsible for the system.

Or. en

Justification

Most online advertising is managed automatically.

Amendment 497

PE695.033v01-00 116/165 AM\1234906EN.docx EN Marisa Matias on behalf of the The Left Group

Proposal for a regulation Article 24 – paragraph 1 – point c b (new)

Text proposed by the Commission Amendment

(c b) Recipients of the service shall have access to profiling data that online platforms hold about them. This data should be made available to recipients of the service in a comprehensible format and should also include inferences made about that recipient, pursuant to Regulation (EU) 2016/679. Recipients of the service shall also be able to rectify and delete their profile, including information inferred about them by the platform. Such profiles must not be used for advertising.

Or. en

Amendment 498 Bart Groothuis, Nathalie Loiseau, Morten Løkkegaard, Petras Auštrevičius, Urmas Paet, Sandro Gozi, Christophe Grudler, Ivars Ijabs, Nicola Beer

Proposal for a regulation Article 24 – paragraph 1 a (new)

Text proposed by the Commission Amendment

Online platforms that display advertising on their online interfaces shall ensure that advertisers: (a) can request information where their advertisements have been placed; (b) can request information on which broker treated their data; (c) can indicate on which specific websites their ads cannot be placed. In case of non-compliance with this provision, advertisers should have an option to judicial redress.

AM\1234906EN.docx 117/165 PE695.033v01-00 EN Or. en

Amendment 499 Lina Gálvez Muñoz, Alicia Homs Ginel, Robert Hajšel, Carlos Zorrinho, Andris Ameriks, Nicolás González Casares, Romana Jerković, Eva Kaili, Maria-Manuel Leitão- Marques, Adriana Maldonado López

Proposal for a regulation Article 24 – paragraph 1 a (new)

Text proposed by the Commission Amendment

Providers of intermediary services shall inform the natural or legal person on whose behalf the advertisement is displayed where the advertisement has been displayed. They shall also inform public authorities, non-governmental organisations and researchers, upon their request.

Or. en

Amendment 500 Adam Jarubas, Jerzy Buzek

Proposal for a regulation Article 24 – paragraph 1 a (new)

Text proposed by the Commission Amendment

With regard to requirements set out in points (b) and (c), providers of online advertising intermediaries must ensure the transmission of information held by them to recipients of the service.

Or. en

Amendment 501 Eva Kaili

Proposal for a regulation

PE695.033v01-00 118/165 AM\1234906EN.docx EN Article 24 – paragraph 1 a (new)

Text proposed by the Commission Amendment

Behavioural and micro-targeted advertising should not be permitted towards children below 18.

Or. en

Amendment 502 Lina Gálvez Muñoz, Alicia Homs Ginel, Robert Hajšel, Carlos Zorrinho, Andris Ameriks, Nicolás González Casares, Romana Jerković, Eva Kaili, Carlo Calenda, Maria-Manuel Leitão-Marques, Adriana Maldonado López

Proposal for a regulation Article 24 – paragraph 1 b (new)

Text proposed by the Commission Amendment

Online platforms shall favour advertising that do not require any tracking of user interaction with content.

Or. en

Amendment 503 Lina Gálvez Muñoz, Alicia Homs Ginel, Robert Hajšel, Carlos Zorrinho, Andris Ameriks, Nicolás González Casares, Romana Jerković, Eva Kaili, Patrizia Toia, Carlo Calenda, Maria-Manuel Leitão-Marques, Adriana Maldonado López

Proposal for a regulation Article 24 – paragraph 1 c (new)

Text proposed by the Commission Amendment

Online platforms shall offer the possibility to easily opt-out for micro-targeted tracking.

Or. en

Justification

The report by the European Data Protection Supervisor on the DSA recommends adding

AM\1234906EN.docx 119/165 PE695.033v01-00 EN further measures to increase protection regarding online advertising, including a phase-out leading to a prohibition of targeted advertising, restrictions in relation to the categories of data that can be processed for targeting purposes and the categories of data that may be disclosed to advertisers or third parties to enable or facilitate targeted advertising.

Amendment 504 Lina Gálvez Muñoz, Alicia Homs Ginel, Robert Hajšel, Carlos Zorrinho, Andris Ameriks, Nicolás González Casares, Romana Jerković, Eva Kaili, Patrizia Toia, Carlo Calenda, Maria-Manuel Leitão-Marques, Adriana Maldonado López

Proposal for a regulation Article 24 – paragraph 1 d (new)

Text proposed by the Commission Amendment

Online platforms shall offer the possibility to opt-in for the use of behavioural data and political advertising.

Or. en

Amendment 505 Marisa Matias on behalf of the The Left Group

Proposal for a regulation Article 24 a (new)

Text proposed by the Commission Amendment

Article 24 a Restrictions on targeted advertisements Distributing advertisements on the basis of targeting recipients of the service on the basis of their behaviour data or using profiling techniques shall be prohibited. Personalised advertisements may be based on the content the recipient is viewing on the online platform only, with due information. Tracking the user beyond the platform itself, through other services or on the wider web, shall be prohibited. Online platforms shall not be allowed to resort to cross-device and cross-site

PE695.033v01-00 120/165 AM\1234906EN.docx EN combination of data processed inside or outside the platform.

Or. en

Amendment 506 Henna Virkkunen, Adam Jarubas, Jerzy Buzek, Pilar del Castillo Vera, Tom Berendsen, Maria da Graça Carvalho, Pernille Weiss

Proposal for a regulation Article 25 – paragraph 1

Text proposed by the Commission Amendment

1. This Section shall apply to online 1. This Section shall apply to online platforms which provide their services to a platforms which provide their services to a number of average monthly active number of average monthly active recipients of the service in the Union equal recipients of the service in the Union equal to or higher than 45 million, calculated in to or higher than 45 million or where the accordance with the methodology set out in operating model and nature of the the delegated acts referred to in paragraph platform is considered to constitute a 3. systemic risk assessed calculated in accordance with the methodology set out in the delegated acts referred to in paragraph 3. This Section shall not apply to online platforms that qualify as micro, small or medium-sized enterprises (SMEs) within the meaning of the Annex to Recommendation 2003/361/EC. In addition, this Section shall not apply to enterprises that previously qualified for the status of a medium-sized, small or microenterprise within the meaning of the Annex to Recommendation 2003/361/EC during the twelve months following their loss of that status pursuant to Article 4(2) thereof.

Or. en

Amendment 507 Lina Gálvez Muñoz, Alicia Homs Ginel, Robert Hajšel, Carlos Zorrinho, Andris Ameriks, Nicolás González Casares, Romana Jerković, Eva Kaili, Maria-Manuel Leitão- Marques, Adriana Maldonado López

AM\1234906EN.docx 121/165 PE695.033v01-00 EN Proposal for a regulation Article 25 – paragraph 1

Text proposed by the Commission Amendment

1. This Section shall apply to online 1. This Section shall apply to online platforms which provide their services to a platforms which provide their services to a number of average monthly active number of average monthly active recipients of the service in the Union equal recipients of the service in the Union equal to or higher than 45 million, calculated in to or higher than 45 million, calculated in accordance with the methodology set out in accordance with the methodology set out in the delegated acts referred to in paragraph the delegated acts referred to in paragraph 3. 3, or with a turnover of over EUR 50 million per year.1a ______1a Commission Staff Working Document. Impact Assessment Report. Annexes. (SWD(2020)348).

Or. en

Justification

More than half of the companies/business organizations participating in the open public consultations included in the impact assessment report indicated a turnover of over EUR 50 million per year.

Amendment 508 Marisa Matias on behalf of the The Left Group

Proposal for a regulation Article 25 – paragraph 1

Text proposed by the Commission Amendment

1. This Section shall apply to online 1. This Section shall apply to online platforms which provide their services to a platforms which provide their services to a number of average monthly active number of average monthly active recipients of the service in the Union equal recipients of the service in the Union equal to or higher than 45 million, calculated in to or higher than 22,5 million, calculated in accordance with the methodology set out in accordance with the methodology set out in the delegated acts referred to in paragraph the delegated acts referred to in paragraph 3. 3.

Or. en

PE695.033v01-00 122/165 AM\1234906EN.docx EN Justification

The 45 million average monthly active user threshold is quite high. Only very few companies would fall under these criteria. Important platforms like Alibaba or Airbnb, with millions of users and significant risks for people, may not fall under the definition of very large platforms. We propose 22,5 millions to include several big players.

Amendment 509 Marisa Matias on behalf of the The Left Group

Proposal for a regulation Article 25 – paragraph 2

Text proposed by the Commission Amendment

2. The Commission shall adopt 2. The Commission shall adopt delegated acts in accordance with Article delegated acts in accordance with Article 69 to adjust the number of average monthly 69 to adjust the number of average monthly recipients of the service in the Union recipients of the service in the Union referred to in paragraph 1, where the referred to in paragraph 1, where the Union’s population increases or decreases Union’s population increases or decreases at least with 5 % in relation to its at least with 5 % in relation to its population in 2020 or, after adjustment by population in 2020 or, after adjustment by means of a delegated act, of its population means of a delegated act, of its population in the year in which the latest delegated act in the year in which the latest delegated act was adopted. In that case, it shall adjust the was adopted. In that case, it shall adjust the number so that it corresponds to 10% of number so that it corresponds to 5% of the the Union’s population in the year in which Union’s population in the year in which it it adopts the delegated act, rounded up or adopts the delegated act, rounded up or down to allow the number to be expressed down to allow the number to be expressed in millions. in millions.

Or. en

Justification

In the Commission proposal, it is not make clear what happens if the users of an online platform of a certain size and user-base exceeds 10% of the population in one or several national markets, but does not reach the 45M user threshold in the EU. Despite a company being a huge player in an EU or several EU Member States, Member State action may be impaired. This could have significant consequences for the protection of consumers in those countries where the platform should be considered a very large platform. 5% corresponds more or less to 22,5 million.

AM\1234906EN.docx 123/165 PE695.033v01-00 EN Amendment 510 Henna Virkkunen, Adam Jarubas, Jerzy Buzek, Pilar del Castillo Vera, Tom Berendsen, Pernille Weiss

Proposal for a regulation Article 25 – paragraph 3

Text proposed by the Commission Amendment

3. The Commission shall adopt 3. The Commission shall adopt delegated acts in accordance with Article delegated acts in accordance with Article 69, after consulting the Board, to lay down 69, after consulting the Board, to lay down a specific methodology for calculating the a specific methodology for calculating the number of average monthly active number of average monthly active recipients of the service in the Union, for recipients of the service in the Union or the purposes of paragraph 1. The whether the operating model and nature methodology shall specify, in particular, of platform constitutes a systemic risk, for how to determine the Union’s population the purposes of paragraph 1. The and criteria to determine the average methodology shall specify, in particular, monthly active recipients of the service in how to determine the Union’s population the Union, taking into account different and criteria to determine the average accessibility features. monthly active recipients of the service in the Union, taking into account different accessibility features, as well as how to determine whether operating model and size of platform is considered such as to constitute a systemic risk.

Or. en

Amendment 511 Henna Virkkunen, Adam Jarubas, Jerzy Buzek, Pilar del Castillo Vera, Tom Berendsen, Pernille Weiss

Proposal for a regulation Article 25 – paragraph 3 a (new)

Text proposed by the Commission Amendment

3 a. The delegated acts referred to in paragraph 3 shall base the methodology on the following criteria: a) the role of the online platform in facilitating public debate; b) the role, nature and volume of economic transactions on the online

PE695.033v01-00 124/165 AM\1234906EN.docx EN platform; c) the role of the online platform in disseminating information, opinions and ideas and in influencing how recipients of the service obtain and communicate information online; and d) the depth and scope of the societal risks posed by the platform, as well as the historical prevalence of illegal content on the service. Online platforms, regardless of the number of average monthly active recipients of their service in the Union, that pose a high systemic risk based on an assessment following the criteria outlined in this paragraph, shall be considered to be very large online platforms.

Or. en

Amendment 512 Henna Virkkunen, Eva Maydell, Adam Jarubas, Jerzy Buzek, Pilar del Castillo Vera, Tom Berendsen, Pernille Weiss

Proposal for a regulation Article 25 – paragraph 4 – subparagraph 1

Text proposed by the Commission Amendment

4. The Digital Services Coordinator of 4. The Digital Services Coordinator of establishment shall verify, at least every six establishment shall verify, at least every six months, whether the number of average months, whether the number of average monthly active recipients of the service in monthly active recipients of the service in the Union of online platforms under their the Union of online platforms under their jurisdiction is equal to or higher than the jurisdiction is equal to or higher than the number referred to in paragraph 1. On the number referred to in paragraph 1, or basis of that verification, it shall adopt a whether the operating model and nature decision designating the online platform as of platform constitutes a systemic risk. On a very large online platform for the the basis of that verification, it shall adopt purposes of this Regulation, or terminating a decision designating the online platform that designation, and communicate that as a very large online platform for the decision, without undue delay, to the purposes of this Regulation, or terminating online platform concerned and to the that designation, and communicate that Commission. decision, without undue delay, to the online platform concerned and to the

AM\1234906EN.docx 125/165 PE695.033v01-00 EN Commission.

Or. en

Amendment 513 Marisa Matias on behalf of the The Left Group

Proposal for a regulation Article 25 – paragraph 4 – subparagraph 2

Text proposed by the Commission Amendment

The Commission shall ensure that the list The Commission shall ensure that the list of designated very large online platforms is of designated very large online platforms is published in the Official Journal of the published in the Official Journal of the European Union and keep that list updated. European Union and keep that list updated. The obligations of this Section shall apply, The obligations of this Section shall apply, or cease to apply, to the very large online or cease to apply, to the very large online platforms concerned from four months platforms concerned from two months after after that publication. that publication.

Or. en

Justification

Two months to be consistent with Article 38.3

Amendment 514 Lina Gálvez Muñoz, Alicia Homs Ginel, Robert Hajšel, Carlos Zorrinho, Andris Ameriks, Nicolás González Casares, Romana Jerković, Eva Kaili, Maria-Manuel Leitão- Marques, Adriana Maldonado López

Proposal for a regulation Article 25 – paragraph 4 a (new)

Text proposed by the Commission Amendment

4 a. Very large platforms shall allow business users and providers of ancillary services access to and interoperability with the same operating system, hardware or software features that are available or used in the provision by the gatekeeper of any ancillary services.

PE695.033v01-00 126/165 AM\1234906EN.docx EN Or. en

Justification

In line with DMA 6 (1) f with a specific interoperability requirement.

Amendment 515 Lina Gálvez Muñoz, Alicia Homs Ginel, Robert Hajšel, Carlos Zorrinho, Andris Ameriks, Nicolás González Casares, Romana Jerković, Eva Kaili, Maria-Manuel Leitão- Marques, Adriana Maldonado López

Proposal for a regulation Article 25 – paragraph 4 b (new)

Text proposed by the Commission Amendment

4 b. Gatekeepers of very large platforms shall allow the installation and effective use of third party software applications or software application stores using, or interoperating with, operating systems of that gatekeeper and allow these software applications or software application stores to be accessed by means other than the core platform services of that gatekeeper. The gatekeeper shall not be prevented from taking proportionate measures to ensure that third party software applications or software application stores do not endanger the integrity of the hardware or operating system provided by the gatekeeper.

Or. en

Justification

In line with DMA proposal

Amendment 516 Lina Gálvez Muñoz, Alicia Homs Ginel, Robert Hajšel, Carlos Zorrinho, Andris Ameriks, Nicolás González Casares, Romana Jerković, Eva Kaili, Carlo Calenda, Maria-Manuel Leitão-Marques, Adriana Maldonado López

Proposal for a regulation Article 25 – paragraph 4 c (new)

AM\1234906EN.docx 127/165 PE695.033v01-00 EN Text proposed by the Commission Amendment

4 c. Very large platforms shall refrain from technically restricting the ability of end users to switch between and subscribe to different software applications and services to be accessed using the operating system of the gatekeeper, including as regards the choice of Internet access provider for end users.

Or. en

Amendment 517 Lina Gálvez Muñoz, Alicia Homs Ginel, Robert Hajšel, Carlos Zorrinho, Andris Ameriks, Nicolás González Casares, Romana Jerković, Eva Kaili, Maria-Manuel Leitão- Marques, Adriana Maldonado López

Proposal for a regulation Article 25 – paragraph 4 d (new)

Text proposed by the Commission Amendment

4 d. Very large platforms shall allow consumers and developers in mobile application ecosystems to increase the number of applications available and ensure new functionalities across software applications and services to be accessed using the operating systems of the gatekeeper.

Or. en

Justification

In line with DMA proposal. Gatekeepers could limit their innovation capacities if they are obliged to ensure the use of different apps.

Amendment 518 Robert Roos, Jessica Stegrud

Proposal for a regulation Article 25 a (new)

PE695.033v01-00 128/165 AM\1234906EN.docx EN Text proposed by the Commission Amendment

Article 25 a Terms and conditions of very large online platforms The terms and conditions of very large online platforms shall not provide additional conditions defining what content is allowed on their very large online platform. These boundaries are prescribed by applicable Union and national law. The terms and conditions of very large online platforms shall not have any adverse effects on the fundamental rights as enshrined in the EU Charter on fundamental rights, especially not on the fundamental right on freedom of expression, in accordance with the applicable law of the Member States and the applicable Union law.

Or. en

Amendment 519 Jessica Stegrud

Proposal for a regulation Article 25 a (new)

Text proposed by the Commission Amendment

Article 25 a The right to an account 1. Very large online platforms shall have the obligation of providing the ability for every user with legal intentions to create an account. The user shall be able to verify its account. 2. Very large online platforms shall only be able to delete an account if the user uses the account for illegal activities like abuse, fraud or terrorist propaganda.

AM\1234906EN.docx 129/165 PE695.033v01-00 EN Or. en

Amendment 520 Robert Roos, Jessica Stegrud

Proposal for a regulation Article 25 b (new)

Text proposed by the Commission Amendment

Article 25 b Equal treatment of legal content The algorithms of very large online platforms will not assess the intrinsic character of the content disseminated through their platform. Furthermore, very large online platforms are not allowed to take corrective measures on legal content, such as discontinuing advertising revenue for specific content, or other actions, such as improving the visibility of authoritative information sources.

Or. en

Amendment 521 Jessica Stegrud

Proposal for a regulation Article 25 b (new)

Text proposed by the Commission Amendment

Article 25 b Content moderation 1. Only illegal content may be deleted on a very large online platform by the provider itself. 2. The user may block and delete content on the section of platform which he or she controls, for example comments on his or her posts.

PE695.033v01-00 130/165 AM\1234906EN.docx EN Or. en

Amendment 522 Jessica Stegrud, Robert Roos

Proposal for a regulation Article 25 c (new)

Text proposed by the Commission Amendment

Article 25 c Shadow banning The practice of shadow banning, which means that the user still can use and post on the very large online platform but the spread is significantly reduced, shall be prohibited.

Or. en

Amendment 523 Jessica Stegrud, Robert Roos

Proposal for a regulation Article 25 d (new)

Text proposed by the Commission Amendment

Article 25 d Algorithms and political views The very large online platform’s algorithm, which selects content to be shown, shall never favour or disadvantage particular political views.

Or. en

Amendment 524 Marisa Matias on behalf of the The Left Group

AM\1234906EN.docx 131/165 PE695.033v01-00 EN Proposal for a regulation Article 26 – title

Text proposed by the Commission Amendment

Risk assessment Ex ante human rights impact assessment

Or. en

Amendment 525 Bart Groothuis, Valérie Hayer, Nathalie Loiseau, Petras Auštrevičius, Morten Løkkegaard, Urmas Paet, Sandro Gozi, Christophe Grudler, Ivars Ijabs, Nicola Beer

Proposal for a regulation Article 26 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

1. Very large online platforms shall 1. Very large online platforms shall identify, analyse and assess, from the date identify, analyse and assess, from the date of application referred to in the second of application referred to in the second subparagraph of Article 25(4), at least once subparagraph of Article 25(4), at least once a year thereafter, any significant systemic a year thereafter, any significant systemic risks stemming from the functioning and risks stemming from the functioning and use made of their services in the Union. use made of their services in the Union. This risk assessment shall be specific to The risk assessment shall be broken down their services and shall include the per Member State in which services are following systemic risks: offered and in the Union as a whole. This risk assessment shall be specific to their services and shall include the following systemic risks:

Or. en

Amendment 526 Eva Kaili

Proposal for a regulation Article 26 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

1. Very large online platforms shall 1. Very large online platforms shall identify, analyse and assess, from the date identify, analyse and assess, from the date of application referred to in the second of application referred to in the second

PE695.033v01-00 132/165 AM\1234906EN.docx EN subparagraph of Article 25(4), at least once subparagraph of Article 25(4), at least once a year thereafter, any significant systemic a year thereafter, any significant systemic risks stemming from the functioning and risks stemming from the functioning and use made of their services in the Union. use made of their services and activities, This risk assessment shall be specific to including business model-driven practices their services and shall include the and technology design decisions, in the following systemic risks: Union. This risk assessment shall be specific to their services and shall include the following systemic risks:

Or. en

Amendment 527 Marisa Matias on behalf of the The Left Group

Proposal for a regulation Article 26 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

1. Very large online platforms shall 1. Very large online platforms shall identify, analyse and assess, from the date identify, analyse and assess, from the date of application referred to in the second of application referred to in the second subparagraph of Article 25(4), at least once subparagraph of Article 25(4), at least once a year thereafter, any significant systemic a year thereafter, any significant systemic risks stemming from the functioning and risks stemming from the functioning and use made of their services in the Union. use made of their services in the Union. This risk assessment shall be specific to This ex ante human rights impact their services and shall include the assessment shall be specific to their following systemic risks: services and shall include the following systemic risks:

Or. en

Amendment 528 Lina Gálvez Muñoz, Alicia Homs Ginel, Robert Hajšel, Carlos Zorrinho, Andris Ameriks, Nicolás González Casares, Romana Jerković, Eva Kaili, Maria-Manuel Leitão- Marques, Adriana Maldonado López

Proposal for a regulation Article 26 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

AM\1234906EN.docx 133/165 PE695.033v01-00 EN 1. Very large online platforms shall 1. Very large online platforms shall identify, analyse and assess, from the date identify, analyse and assess, from the date of application referred to in the second of application referred to in the second subparagraph of Article 25(4), at least once subparagraph of Article 25(4), at least once a year thereafter, any significant systemic a year thereafter, any significant systemic risks stemming from the functioning and risks stemming from the functioning and use made of their services in the Union. use made of their services in the Union. This risk assessment shall be specific to This risk assessment shall be specific to their services and shall include the their services and activities and shall following systemic risks: include the following systemic risks:

Or. en

Justification

The risk assessment should address negative effects on any fundamental rights caused by any activity carried out by VLOPs, not only the services they offer.

Amendment 529 Mikuláš Peksa on behalf of the Greens/EFA Group

Proposal for a regulation Article 26 – paragraph 1 – point a

Text proposed by the Commission Amendment

(a) the dissemination of illegal content deleted through their services;

Or. en

Justification

Dissemination of illegal content is always a risk

Amendment 530 Robert Roos

Proposal for a regulation Article 26 – paragraph 1 – point a

Text proposed by the Commission Amendment

(a) the dissemination of illegal content (a) the dissemination of illegal content

PE695.033v01-00 134/165 AM\1234906EN.docx EN through their services; through their services; the very large online platforms shall make a distinction between allegedly, manifestly illegal content, and proven illegal content;

Or. en

Amendment 531 Marisa Matias on behalf of the The Left Group

Proposal for a regulation Article 26 – paragraph 1 – point b

Text proposed by the Commission Amendment

(b) any negative effects for the exercise (b) any negative effects for the exercise of the fundamental rights to respect for of the fundamental rights to respect for private and family life, freedom of private and family life, freedom of expression and information, the prohibition expression and information, freedom and of discrimination and the rights of the pluralism of the media, the prohibition of child, as enshrined in Articles 7, 11, 21 and discrimination and the rights of the child, 24 of the Charter respectively; as enshrined in Articles 7, 11, 21 and 24 of the Charter respectively as well as any other human right and freedom enshrined in the Charter that can be negatively affected by these systems now or in the future;

Or. en

Amendment 532 Robert Roos, Jessica Stegrud

Proposal for a regulation Article 26 – paragraph 1 – point b

Text proposed by the Commission Amendment

(b) any negative effects for the exercise (b) any negative effects for the exercise of the fundamental rights to respect for of the fundamental rights to respect for private and family life, freedom of private and family life, freedom of expression and information, the prohibition expression and information, the prohibition of discrimination and the rights of the of discrimination and the rights of the child, as enshrined in Articles 7, 11, 21 and child, as enshrined in Articles 7, 11, 21 and

AM\1234906EN.docx 135/165 PE695.033v01-00 EN 24 of the Charter respectively; 24 of the Charter respectively, with particular regard to the freedom of expression;

Or. en

Amendment 533 Eva Kaili

Proposal for a regulation Article 26 – paragraph 1 – point b

Text proposed by the Commission Amendment

(b) any negative effects for the exercise (b) any negative effects for the exercise of the fundamental rights to respect for of fundamental rights, including the right private and family life, freedom of to respect for private and family life, expression and information, the prohibition freedom of expression and information, the of discrimination and the rights of the prohibition of discrimination and the rights child, as enshrined in Articles 7, 11, 21 and of the child and consumer protection, as 24 of the Charter respectively; enshrined in Articles 7, 11, 21, 24 and 28 of the Charter respectively;

Or. en

Amendment 534 Adam Jarubas, Jerzy Buzek

Proposal for a regulation Article 26 – paragraph 1 – point b

Text proposed by the Commission Amendment

(b) any negative effects for the exercise (b) any negative effects for the exercise of the fundamental rights to respect for of the fundamental rights to respect for private and family life, freedom of private and family life, freedom of expression and information, the prohibition expression and information, freedom and of discrimination and the rights of the pluralism of the media, the prohibition of child, as enshrined in Articles 7, 11, 21 and discrimination and the rights of the child, 24 of the Charter respectively; as enshrined in Articles 7, 11, 21 and 24 of the Charter respectively;

Or. en

PE695.033v01-00 136/165 AM\1234906EN.docx EN Amendment 535 Lina Gálvez Muñoz, Alicia Homs Ginel, Robert Hajšel, Carlos Zorrinho, Andris Ameriks, Nicolás González Casares, Romana Jerković, Eva Kaili, Carlo Calenda, Maria-Manuel Leitão-Marques, Adriana Maldonado López

Proposal for a regulation Article 26 – paragraph 1 – point b

Text proposed by the Commission Amendment

(b) any negative effects for the exercise (b) any negative effects for the exercise of the fundamental rights to respect for of fundamental rights, including the rights private and family life, freedom of to respect for private and family life, expression and information, the prohibition freedom of expression and information, the of discrimination and the rights of the prohibition of discrimination and the rights child, as enshrined in Articles 7, 11, 21 and of the child, as enshrined in Articles 7, 11, 24 of the Charter respectively; 21 and 24 of the Charter respectively;

Or. en

Amendment 536 Mikuláš Peksa on behalf of the Greens/EFA Group

Proposal for a regulation Article 26 – paragraph 1 – point b

Text proposed by the Commission Amendment

(b) any negative effects for the exercise (b) any negative effects for the exercise of the fundamental rights to respect for of fundamental rights, in particular the private and family life, freedom of rights to respect for private and family life, expression and information, the prohibition freedom of expression and information, the of discrimination and the rights of the prohibition of discrimination, algorithmic child, as enshrined in Articles 7, 11, 21 and biases and the rights of the child, as 24 of the Charter respectively; enshrined in the Charter respectively;

Or. en

Justification

Ensuring legal clarity

Amendment 537 Mikuláš Peksa

AM\1234906EN.docx 137/165 PE695.033v01-00 EN on behalf of the Greens/EFA Group

Proposal for a regulation Article 26 – paragraph 1 – point c

Text proposed by the Commission Amendment

(c) intentional manipulation of their (c) malfunctioning or intentional service, including by means of inauthentic manipulation of their service, including by use or automated exploitation of the means of automated exploitation of the service, with an actual or foreseeable service, with an actual or foreseeable negative effect on the protection of public negative effect on fundamental rights health, minors, civic discourse, or actual or foreseeable effects related to electoral processes and public security.

Or. en

Justification

Ensuring predictability and relevant outcomes

Amendment 538 Marisa Matias on behalf of the The Left Group

Proposal for a regulation Article 26 – paragraph 1 – point c

Text proposed by the Commission Amendment

(c) intentional manipulation of their (c) actual or foreseeable systemic service, including by means of inauthentic negative effects on the protection of public use or automated exploitation of the health, minors, civic discourse, or actual or service, with an actual or foreseeable foreseeable effects related to electoral negative effect on the protection of public processes and public security, including health, minors, civic discourse, or actual or but not restricted to the risk of the foreseeable effects related to electoral intentional manipulation of their service processes and public security. by means of inauthentic use or automated exploitation of the service.

Or. en

Amendment 539 Lina Gálvez Muñoz, Alicia Homs Ginel, Robert Hajšel, Carlos Zorrinho, Andris

PE695.033v01-00 138/165 AM\1234906EN.docx EN Ameriks, Nicolás González Casares, Romana Jerković, Eva Kaili, Patrizia Toia, Carlo Calenda, Adriana Maldonado López

Proposal for a regulation Article 26 – paragraph 1 – point c

Text proposed by the Commission Amendment

(c) intentional manipulation of their (c) actual or foreseeable negative effect service, including by means of inauthentic on the protection of public health, minors, use or automated exploitation of the civic discourse, or actual or foreseeable service, with an actual or foreseeable effects related to electoral processes and negative effect on the protection of public public security, in particular in relation to health, minors, civic discourse, or actual or the risk of the intentional manipulation of foreseeable effects related to electoral their service, including by means of processes and public security. inauthentic use or automated exploitation of the service.

Or. en

Justification

The services of very large online platforms may pose systemic risks for “the protection of public health, minors,civic discourse, or actual or foreseeable effects related to electoral processes and public security” independently of whether they are manipulated or not.

Amendment 540 Bart Groothuis, Valérie Hayer, Petras Auštrevičius, Nathalie Loiseau, Morten Løkkegaard, Urmas Paet, Sandro Gozi, Ivars Ijabs, Nicola Beer

Proposal for a regulation Article 26 – paragraph 1 – point c

Text proposed by the Commission Amendment

(c) intentional manipulation of their (c) intentional manipulation of their service, including by means of inauthentic service, including by means of inauthentic use or automated exploitation of the use, deep fakes or automated exploitation service, with an actual or foreseeable of the service, with an actual or foreseeable negative effect on the protection of public negative effect on the protection of public health, minors, civic discourse, or actual or health, minors, civic discourse, or actual or foreseeable effects related to electoral foreseeable effects related to electoral processes and public security. processes and public security.

Or. en

AM\1234906EN.docx 139/165 PE695.033v01-00 EN Amendment 541 Mikuláš Peksa on behalf of the Greens/EFA Group

Proposal for a regulation Article 26 – paragraph 1 – point c a (new)

Text proposed by the Commission Amendment

(c a) readiness to participate in the crisis protocols referred to in Article 37;

Or. en

Justification

Change needed to ensure consistency wit art. 37

Amendment 542 Eva Kaili

Proposal for a regulation Article 26 – paragraph 1 – point c a (new)

Text proposed by the Commission Amendment

(c a) the dissemination of disinformation through their services.

Or. en

Amendment 543 Mikuláš Peksa on behalf of the Greens/EFA Group

Proposal for a regulation Article 26 – paragraph 2

Text proposed by the Commission Amendment

2. When conducting risk assessments, 2. When conducting risk assessments, very large online platforms shall take into very large online platforms shall take into account, in particular, how their content account, in particular, the effects of their moderation systems, recommender systems content moderation systems, recommender and systems for selecting and displaying systems and systems for selecting and

PE695.033v01-00 140/165 AM\1234906EN.docx EN advertisement influence any of the displaying advertisement. systemic risks referred to in paragraph 1, including the potentially rapid and wide dissemination of illegal content and of information that is incompatible with their terms and conditions.

Or. en

Justification

Tackling the existing issues

Amendment 544 Eva Kaili

Proposal for a regulation Article 26 – paragraph 2

Text proposed by the Commission Amendment

2. When conducting risk assessments, 2. When conducting risk assessments, very large online platforms shall take into very large online platforms shall take into account, in particular, how their content account, in particular, how their content moderation systems, recommender systems moderation systems, recommender systems and systems for selecting and displaying and systems for selecting and displaying advertisement influence any of the advertisement influence any of the systemic risks referred to in paragraph 1, systemic risks referred to in paragraph 1, including the potentially rapid and wide including the potentially rapid and wide dissemination of illegal content and of dissemination of illegal content, the information that is incompatible with their potential infringement of consumer rights terms and conditions. and of information that is incompatible with their terms and conditions.

Or. en

Amendment 545 Marisa Matias on behalf of the The Left Group

Proposal for a regulation Article 26 – paragraph 2

Text proposed by the Commission Amendment

AM\1234906EN.docx 141/165 PE695.033v01-00 EN 2. When conducting risk assessments, 2. When conducting ex ante very large online platforms shall take into mandatory human rights impact account, in particular, how their content assessments, very large online platforms moderation systems, recommender systems shall take into account, in particular, how and systems for selecting and displaying their content moderation systems, advertisement influence any of the recommender systems and systems for systemic risks referred to in paragraph 1, selecting and displaying advertisement including the potentially rapid and wide influence any of the systemic risks referred dissemination of illegal content and of to in paragraph 1, including the potentially information that is incompatible with their rapid and wide dissemination of illegal terms and conditions. content and of information that is incompatible with their terms and conditions.

Or. en

Amendment 546 Robert Roos, Jessica Stegrud

Proposal for a regulation Article 26 – paragraph 2

Text proposed by the Commission Amendment

2. When conducting risk assessments, 2. When conducting risk assessments, very large online platforms shall take into very large online platforms shall take into account, in particular, how their content account, in particular, how their content moderation systems, recommender systems moderation systems, recommender systems and systems for selecting and displaying and systems for selecting and displaying advertisement influence any of the advertisement influence any of the systemic risks referred to in paragraph 1, systemic risks referred to in paragraph 1, including the potentially rapid and wide including the potentially rapid and wide dissemination of illegal content and of dissemination of manifestly illegal content information that is incompatible with their and of information that is incompatible terms and conditions. with their terms and conditions.

Or. en

Amendment 547 Mikuláš Peksa on behalf of the Greens/EFA Group

Proposal for a regulation Article 26 – paragraph 2 a (new)

PE695.033v01-00 142/165 AM\1234906EN.docx EN Text proposed by the Commission Amendment

2 a. To ensure a high level of public control and transparency, these yearly risk assessments should be made as transparent as possible, by means of open access data. The outcome of the risk assessment and supporting documents shall be communicated to the Board and the Digital Services Coordinator of establishment. A summary version of the risk assessment shall be made publicly available in an easily accessible format.

Or. en

Justification

Ensuring transparency

Amendment 548 Marisa Matias on behalf of the The Left Group

Proposal for a regulation Article 26 – paragraph 2 a (new)

Text proposed by the Commission Amendment

2 a. The risk assessments must be designed with the involvement of representatives of the recipients of the service, representatives of groups potentially impacted by their services, independent experts and civil society organisations.

Or. en

Amendment 549 Marisa Matias on behalf of the The Left Group

Proposal for a regulation Article 26 – paragraph 2 b (new)

AM\1234906EN.docx 143/165 PE695.033v01-00 EN Text proposed by the Commission Amendment

2 b. A summary or a redacted version of these mandatory ex ante fundamental rights impact assessments should be made publicly available and accessible. All information needs to be communicated to the Digital Service Coordinators and national authorities with relevant expertise. The summary shall be made equally accessible to any not-for-profit body,organisation or association which has been properly constituted in accordance with the law of a Member State, has statutory objectives which are in the public interest,and is active in the field of the protection of consumer rights or fundamental rights and freedoms with regard to the protection of their personal data, freedom of expression and opinion, access to information, consumer protection, right to equal treatment and prohibition of discrimination, for the purposes of independent audits as referred to in Article 28 of this Regulation. They shall be vetted by the independent enforcement and monitoring unit of the Commission and the list of vetted subjects should be administered and made publicly available by the Board.

Or. en

Amendment 550 Mikuláš Peksa on behalf of the Greens/EFA Group

Proposal for a regulation Article 27 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

1. Very large online platforms shall 1. Very large online platforms may put in place reasonable, proportionate and put in place reasonable, proportionate and effective mitigation measures, tailored to effective measures to cease, prevent and the specific systemic risks identified mitigate the specific systemic risks

PE695.033v01-00 144/165 AM\1234906EN.docx EN pursuant to Article 26. Such measures may identified pursuant to Article 26 without include, where applicable: disproportionately impacting fundamental rights. Such measures may include, where applicable:

Or. en

Justification

Ensuring clarity and safeguards

Amendment 551 Eva Kaili

Proposal for a regulation Article 27 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

1. Very large online platforms shall 1. Very large online platforms shall put in place reasonable, proportionate and put in place reasonable, proportionate and effective mitigation measures, tailored to effective mitigation measures to prevent the specific systemic risks identified and mitigate specific systemic risks pursuant to Article 26. Such measures may identified pursuant to Article 26. Such include, where applicable: measures may include, where applicable:

Or. en

Amendment 552 Lina Gálvez Muñoz, Alicia Homs Ginel, Robert Hajšel, Carlos Zorrinho, Andris Ameriks, Nicolás González Casares, Romana Jerković, Eva Kaili, Patrizia Toia, Maria- Manuel Leitão-Marques, Adriana Maldonado López

Proposal for a regulation Article 27 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

1. Very large online platforms shall 1. Very large online platforms shall put in place reasonable, proportionate and put in place reasonable, proportionate and effective mitigation measures, tailored to effective measures to cease, prevent and the specific systemic risks identified mitigate the specific systemic risks pursuant to Article 26. Such measures may identified pursuant to Article 26. Such include, where applicable: measures may include, where applicable:

AM\1234906EN.docx 145/165 PE695.033v01-00 EN Or. en

Justification

VLOPs shall not only mitigate, but also cease and prevent adverse human rights impacts, in line with UN Guiding Principles on Business and Human Rights.

Amendment 553 Marisa Matias on behalf of the The Left Group

Proposal for a regulation Article 27 – paragraph 1 – point a

Text proposed by the Commission Amendment

(a) adapting content moderation or (a) adapting content moderation or recommender systems, their decision- recommender systems, their decision- making processes, the features or making processes, the features or functioning of their services, or their terms functioning of their services, or their terms and conditions; and conditions including but not limited to progressively redesigning their content recommendation algorithms to reduce and mitigate risks identified under Article 26(1)(c) to place less emphasis on the retention of attention and more on emphasis of the protection of fundamental human rights and ensuring adequate labelling and notification to users of legal but harmful content on their service;

Or. en

Amendment 554 Lina Gálvez Muñoz, Alicia Homs Ginel, Robert Hajšel, Carlos Zorrinho, Andris Ameriks, Nicolás González Casares, Romana Jerković, Eva Kaili, Patrizia Toia, Maria- Manuel Leitão-Marques, Adriana Maldonado López

Proposal for a regulation Article 27 – paragraph 1 – point a

Text proposed by the Commission Amendment

(a) adapting content moderation or (a) adapting content moderation or recommender systems, their decision- recommender systems, their decision-

PE695.033v01-00 146/165 AM\1234906EN.docx EN making processes, the features or making processes, the features or functioning of their services, or their terms functioning of their services and activities, and conditions; or their terms and conditions;

Or. en

Justification

The risk assessment should address negative effects on any fundamental rights caused by any activity carried out by VLOPs, not only the services they offer.

Amendment 555 Marisa Matias on behalf of the The Left Group

Proposal for a regulation Article 27 – paragraph 1 – point a a (new)

Text proposed by the Commission Amendment

(a a) adapting content moderation policies and practices to not involve the monitoring or profiling of the behaviour of individuals, unless the online platforms can demonstrate, on the basis of mandatory ex ante human rights impact assessment, that such measures are strictly necessary to mitigate the categories of systemic risks identified in Article 26 and in accordance with Regulation (EU) 2016/679 and Directive 2002/58/EC;

Or. en

Amendment 556 Mikuláš Peksa on behalf of the Greens/EFA Group

Proposal for a regulation Article 27 – paragraph 1 – point a a (new)

Text proposed by the Commission Amendment

(a a) ensuring appropriate staffing to

AM\1234906EN.docx 147/165 PE695.033v01-00 EN deal with notices and complaints;

Or. en

Justification

Ensuring proper means for the application of the rules.

Amendment 557 Marisa Matias on behalf of the The Left Group

Proposal for a regulation Article 27 – paragraph 1 – point c

Text proposed by the Commission Amendment

(c) reinforcing the internal processes or (c) reinforcing the internal processes or supervision of any of their activities in supervision of any of their activities in particular as regards detection of systemic particular as regards conducting risk; mandatory ex ante human rights impact assessment, including but not limited to ensuring that the data sets that inform the detection of risk do so in all relevant languages in which the services operate and do so in a manner that promotes diversity and inclusion and does not breach fundamental rights to freedom form discrimination;

Or. en

Amendment 558 Marisa Matias on behalf of the The Left Group

Proposal for a regulation Article 27 – paragraph 1 – point d

Text proposed by the Commission Amendment

(d) initiating or adjusting cooperation (d) adjusting cooperation with trusted with trusted flaggers in accordance with flaggers in accordance with Article 19; Article 19;

PE695.033v01-00 148/165 AM\1234906EN.docx EN Or. en

Amendment 559 Mikuláš Peksa on behalf of the Greens/EFA Group

Proposal for a regulation Article 27 – paragraph 1 – point d a (new)

Text proposed by the Commission Amendment

(d a) targeted measures to mitigate environmental risks and promote sustainability through their services and establishing criteria for energy-sufficient digital services.

Or. en

Justification

Ensuring that the legislative act is aligned with the twin transition policy objectives.

Amendment 560 Mikuláš Peksa on behalf of the Greens/EFA Group

Proposal for a regulation Article 27 – paragraph 1 – point e

Text proposed by the Commission Amendment

(e) initiating or adjusting cooperation deleted with other online platforms through the codes of conduct and the crisis protocols referred to in Article 35 and 37 respectively.

Or. en

Justification

Change needed for consistency

AM\1234906EN.docx 149/165 PE695.033v01-00 EN Amendment 561 Robert Roos, Jessica Stegrud

Proposal for a regulation Article 27 – paragraph 1 – point e

Text proposed by the Commission Amendment

(e) initiating or adjusting cooperation deleted with other online platforms through the codes of conduct and the crisis protocols referred to in Article 35 and 37 respectively.

Or. en

Amendment 562 Marisa Matias on behalf of the The Left Group

Proposal for a regulation Article 27 – paragraph 1 – subparagraph 1 a (new)

Text proposed by the Commission Amendment

The mitigation measures must be designed with the involvement of representatives of the recipients of the service, representatives of groups potentially impacted by their services, independent experts and civil society organisations.

Or. en

Amendment 563 Bart Groothuis, Valérie Hayer, Petras Auštrevičius, Nathalie Loiseau, Morten Løkkegaard, Urmas Paet, Sandro Gozi, Christophe Grudler, Ivars Ijabs, Nicola Beer

Proposal for a regulation Article 27 – paragraph 2 – introductory part

Text proposed by the Commission Amendment

2. The Board, in cooperation with the 2. The Board, in cooperation with the

PE695.033v01-00 150/165 AM\1234906EN.docx EN Commission, shall publish comprehensive Commission, shall publish comprehensive reports, once a year, which shall include reports once a year. The reports of the the following: Board shall be broken down per Member State in which the systemic risks occur and in the Union as a whole. The reports shall be published in all the official languages of the Member States of the Union. The reports shall include the following:

Or. en

Amendment 564 Lina Gálvez Muñoz, Alicia Homs Ginel, Robert Hajšel, Carlos Zorrinho, Andris Ameriks, Nicolás González Casares, Romana Jerković, Eva Kaili, Patrizia Toia, Maria- Manuel Leitão-Marques, Adriana Maldonado López

Proposal for a regulation Article 27 – paragraph 2 – point b

Text proposed by the Commission Amendment

(b) best practices for very large online (b) best practices for very large online platforms to mitigate the systemic risks platforms to cease, prevent and mitigate identified. the systemic risks identified.

Or. en

Amendment 565 Mikuláš Peksa on behalf of the Greens/EFA Group

Proposal for a regulation Article 27 – paragraph 2 a (new)

Text proposed by the Commission Amendment

2 a. The reports referred to in paragraph 2 shall be disseminated to the general public and include standardised, open data describing the systemic risks, especially risks to fundamental rights.

Or. en

AM\1234906EN.docx 151/165 PE695.033v01-00 EN Justification

Ensuring transparency

Amendment 566 Marisa Matias on behalf of the The Left Group

Proposal for a regulation Article 27 – paragraph 3

Text proposed by the Commission Amendment

3. The Commission, in cooperation 3. The Board, in cooperation with the with the Digital Services Coordinators, Digital Services Coordinators, may issue may issue general guidelines on the general guidelines on the application of application of paragraph 1 in relation to paragraph 1 in relation to specific risks, in specific risks, in particular to present best particular to present best practices and practices and recommend possible recommend possible measures, having due measures, having due regard to the possible regard to the possible consequences of the consequences of the measures on measures on fundamental rights enshrined fundamental rights enshrined in the Charter in the Charter of all parties involved. When of all parties involved. When preparing preparing those guidelines the Board, in those guidelines the Commission shall cooperation with an independent organise public consultations. enforcement and monitoring unit of the Commission, shall organise public consultations.

Or. en

Amendment 567 Mikuláš Peksa on behalf of the Greens/EFA Group

Proposal for a regulation Article 27 – paragraph 3

Text proposed by the Commission Amendment

3. The Commission, in cooperation 3. The Commission, in cooperation with the Digital Services Coordinators, with the Digital Services Coordinators, may issue general guidelines on the may issue general recommendations on the application of paragraph 1 in relation to application of paragraph 1 in relation to specific risks, in particular to present best specific risks, in particular to present best practices and recommend possible practices and recommend possible

PE695.033v01-00 152/165 AM\1234906EN.docx EN measures, having due regard to the possible measures, having due regard to the possible consequences of the measures on consequences of the measures on fundamental rights enshrined in the Charter fundamental rights enshrined in the Charter of all parties involved. When preparing of all parties involved. When preparing those guidelines the Commission shall those recommendations the Commission organise public consultations. shall organise public consultations.

Or. en

Justification

Ensuring that proper tools are in place

Amendment 568 Eva Kaili

Proposal for a regulation Article 27 – paragraph 3

Text proposed by the Commission Amendment

3. The Commission, in cooperation 3. The Commission, in cooperation with the Digital Services Coordinators, with the Digital Services Coordinators, may issue general guidelines on the shall issue general guidelines on the application of paragraph 1 in relation to application of paragraph 1 in relation to specific risks, in particular to present best specific risks, in particular to present best practices and recommend possible practices and recommend possible measures, having due regard to the possible measures, having due regard to the possible consequences of the measures on consequences of the measures on fundamental rights enshrined in the Charter fundamental rights enshrined in the Charter of all parties involved. When preparing of all parties involved. When preparing those guidelines the Commission shall those guidelines the Commission shall organise public consultations. organise public consultations.

Or. en

Amendment 569 Eva Kaili

Proposal for a regulation Article 27 – paragraph 3 a (new)

Text proposed by the Commission Amendment

3 a. The option of a phase-out leading

AM\1234906EN.docx 153/165 PE695.033v01-00 EN to a prohibition of targeted advertising on the basis of pervasive tracking shall also be considered.

Or. en

Amendment 570 Marisa Matias on behalf of the The Left Group

Proposal for a regulation Article 27 a (new)

Text proposed by the Commission Amendment

Article 27 a Mitigation of risks for the freedom of expression and freedom and pluralism of the media 1. Where specific systemic risks for the exercise of freedom of expression and freedom and pluralism of the media pursuant to Article 26(1)(b) emerge, very large online platforms shall ensure that the exercise of these fundamental rights is always adequately and effectively protected. 2. Where very large online platforms allow for the dissemination of press publications within the meaning of Art. 2(4) of Directive (EU) 2019/790, of audiovisual media services within the meaning of Article 1(1)(a) of Directive 2010/13/EU (AVMS) or of other editorial media, which are published in compliance with applicable Union and national law under the editorial responsibility and control of a press publisher, audiovisual or other media service provider, who can be held liable under the laws of a Member State, the platforms shall be prohibited from removing, disabling access to, suspending or otherwise interfering with such content or services or suspending or terminating the service providers’

PE695.033v01-00 154/165 AM\1234906EN.docx EN accounts on the basis of the alleged incompatibility of such content with their terms and conditions. 3. Very large online platforms shall ensure that their content moderation, their decision-making processes, the features or functioning of their services, their terms and conditions and recommender systems are objective, fair and non-discriminatory.

Or. en

Amendment 571 Adam Jarubas, Jerzy Buzek

Proposal for a regulation Article 27 a (new)

Text proposed by the Commission Amendment

Article 27 a Mitigation of risks for the freedom of expression and freedom and pluralism of the media 1. Where specific systemic risks for the exercise of freedom of expression and freedom and pluralism of the media pursuant to Article 26(1)(b) emerge, very large online platforms shall ensure that the exercise of these fundamental rights is always adequately and effectively protected. 2. Very large online platforms shall ensure that their content moderation, their decision-making processes, the features or functioning of their services, their terms and conditions and recommender systems are objective, fair and non-discriminatory.

Or. en

AM\1234906EN.docx 155/165 PE695.033v01-00 EN Amendment 572 Eva Kaili

Proposal for a regulation Article 28 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

1. Very large online platforms shall be 1. Very large online platforms and subject, at their own expense and at least smaller size online platforms shall be once a year, to audits to assess compliance subject, at their own expense and at least with the following: once a year, to audits to assess compliance with the following:

Or. en

Amendment 573 Robert Roos

Proposal for a regulation Article 28 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

1. Very large online platforms shall be 1. Very large online platforms shall be subject, at their own expense and at least subject, at their own expense and at least once a year, to audits to assess compliance once a year, to audits to assess compliance with the following: with the obligations as set out in Chapter III:

Or. en

Amendment 574 Marisa Matias on behalf of the The Left Group

Proposal for a regulation Article 28 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

1. Very large online platforms shall be 1. Very large online platforms shall be subject, at their own expense and at least subject, at their own expense and at least once a year, to audits to assess compliance once a year, to independent audits to with the following: assess compliance with the following:

PE695.033v01-00 156/165 AM\1234906EN.docx EN Or. en

Amendment 575 Mikuláš Peksa on behalf of the Greens/EFA Group

Proposal for a regulation Article 28 – paragraph 1 – introductory part

Text proposed by the Commission Amendment

1. Very large online platforms shall be 1. Very large online platforms shall be subject, at their own expense and at least subject, at their own expense and at least once a year, to audits to assess compliance once a year, to independent audits to with the following: assess compliance with the following:

Or. en

Justification

Aligning the article with the title

Amendment 576 Robert Roos

Proposal for a regulation Article 28 – paragraph 1 – point a

Text proposed by the Commission Amendment

(a) the obligations set out in Chapter deleted III;

Or. en

Amendment 577 Marisa Matias on behalf of the The Left Group

Proposal for a regulation Article 28 – paragraph 1 – point a

Text proposed by the Commission Amendment

AM\1234906EN.docx 157/165 PE695.033v01-00 EN (a) the obligations set out in Chapter (a) the obligations set out in Chapter III; III; these should include auditing the processes and procedures enforced by very large online platforms;

Or. en

Amendment 578 Robert Roos, Jessica Stegrud

Proposal for a regulation Article 28 – paragraph 1 – point b

Text proposed by the Commission Amendment

(b) any commitments undertaken deleted pursuant to the codes of conduct referred to in Articles 35 and 36 and the crisis protocols referred to in Article 37.

Or. en

Amendment 579 Mikuláš Peksa on behalf of the Greens/EFA Group

Proposal for a regulation Article 28 – paragraph 1 a (new)

Text proposed by the Commission Amendment

1 a. Audits shall be performed at least on the following: i. the clarity, coherence and predictable enforcement of terms of service with particular regard to the applicable fundamental rights as enshrined in the Charter; ii. the completeness, methodology and consistency of the transparency reporting obligations as set out in Articles 13, 23, 24 and 30 as well as respect for highest possible standards on transparency reporting;

PE695.033v01-00 158/165 AM\1234906EN.docx EN iii. accuracy, predictability and clarity of the provider's follow-up for recipients of the service and notice providers to notices of illegal content and terms of service violations and the accuracy of classification (illegal or terms and conditions violation) of removed information; iv. internal and third-party complaint handling mechanisms; v. interaction with trusted flaggers and independent assessment of accuracy, response times, efficiency and whether there are indications of abuse; vi. diligence with regard to verification of the traceability of traders; vii. the effectiveness of and compliance with codes of conduct; viii data sufficiency, aiming at the reduction of data generation, in general, and traffic, wherever possible, in particular, do so including the reduction of associated electricity consumptions and resources from data centres, as referred to in Article 27; ix. readiness to participate in the crisis protocols referred to in Article 37; Audits on the subjects mentioned in points (i) to (vii) may be combined where the organisation performing the audits has subject-specific expertise on the subject matters at hand.

Or. en

Justification

Introducing clear legal guidance

Amendment 580 Marisa Matias on behalf of the The Left Group

AM\1234906EN.docx 159/165 PE695.033v01-00 EN Proposal for a regulation Article 28 – paragraph 2 – introductory part

Text proposed by the Commission Amendment

2. Audits performed pursuant to 2. Audits performed pursuant to paragraph 1 shall be performed by paragraph 1 shall be performed by the not- organisations which: for-profit bodies, organisation or association which have been properly constituted in accordance with the law of a Member State which:

Or. en

Amendment 581 Mikuláš Peksa on behalf of the Greens/EFA Group

Proposal for a regulation Article 28 – paragraph 2 – introductory part

Text proposed by the Commission Amendment

2. Audits performed pursuant to 2. Audits performed pursuant to paragraph 1 shall be performed by paragraphs 1 and 1a shall be performed organisations which: by organisations which:

Or. en

Justification

Alignment of the reference

Amendment 582 Henna Virkkunen, Eva Maydell, Tomas Tobé, Adam Jarubas, Jerzy Buzek, Pilar del Castillo Vera, Tom Berendsen, Pernille Weiss

Proposal for a regulation Article 28 – paragraph 2 – point a

Text proposed by the Commission Amendment

(a) are independent from the very large (a) are independent from the very large online platform concerned; online platform concerned and have not provided any other service to the platform

PE695.033v01-00 160/165 AM\1234906EN.docx EN in the previous 12 months.

Or. en

Amendment 583 Marisa Matias on behalf of the The Left Group

Proposal for a regulation Article 28 – paragraph 2 – point c

Text proposed by the Commission Amendment

(c) have proven objectivity and (c) have proven objectivity and professional ethics, based in particular on professional ethics and transparent record adherence to codes of practice or of the compliance with international appropriate standards. human rights framework, based in particular on adherence to the EU Charter of Fundamental Rights, the UN Guiding Principles and the Shadow EU Action Plan on the Implementation of the UN Guiding Principles on Business and Human Rights within the EU.

Or. en

Amendment 584 Henna Virkkunen, Eva Maydell, Tomas Tobé, Adam Jarubas, Jerzy Buzek, Pilar del Castillo Vera, Tom Berendsen, Pernille Weiss

Proposal for a regulation Article 28 – paragraph 2 – point c a (new)

Text proposed by the Commission Amendment

(c a) have not audited the same very large online platform for more than 3 consecutive years.

Or. en

Amendment 585 Eva Kaili

AM\1234906EN.docx 161/165 PE695.033v01-00 EN Proposal for a regulation Article 28 – paragraph 2 – point c a (new)

Text proposed by the Commission Amendment

(c a) have proven expertise and track record in evaluating processes of content moderation.

Or. en

Amendment 586 Eva Kaili

Proposal for a regulation Article 28 – paragraph 3 – introductory part

Text proposed by the Commission Amendment

3. The organisations that perform the 3. The organisations that perform the audits shall establish an audit report for audits shall establish an audit report for each audit. The report shall be in writing each audit. Auditors shall be trusted and include at least the following: organisations within the new regulatory system. They shall have sufficient policy expertise and experience from conducting audits developing accurate and reliable reports that will address national and regional requirements. Auditors shall be independent of industry and government. The report shall be in writing and include at least the following:

Or. en

Amendment 587 Henna Virkkunen, Eva Maydell, Tomas Tobé, Adam Jarubas, Jerzy Buzek, Pilar del Castillo Vera, Tom Berendsen, Pernille Weiss

Proposal for a regulation Article 28 – paragraph 3 – point f

Text proposed by the Commission Amendment

(f) where the audit opinion is not (f) where the audit opinion is negative,

PE695.033v01-00 162/165 AM\1234906EN.docx EN positive, operational recommendations on recommendations on specific measures to specific measures to achieve compliance. achieve compliance and risk-based remediation timelines with a focus on rectifying issues that have the potential to cause most harm to users of the service as a priority.

Or. en

Amendment 588 Henna Virkkunen, Eva Maydell, Tomas Tobé, Adam Jarubas, Jerzy Buzek, Pilar del Castillo Vera, Tom Berendsen, Pernille Weiss

Proposal for a regulation Article 28 – paragraph 3 – point f a (new)

Text proposed by the Commission Amendment

(f a) where the organisations that perform the audits do not have enough information to conclude an opinion due to the novelty of the issues audited, a relevant disclaimer.

Or. en

Amendment 589 Marisa Matias on behalf of the The Left Group

Proposal for a regulation Article 28 – paragraph 4

Text proposed by the Commission Amendment

4. Very large online platforms 4. Very large online platforms receiving an audit report that is not positive receiving an audit report that is contains shall take due account of any operational evidence of systemic risks stemming from recommendations addressed to them with a the functioning and use made of their view to take the necessary measures to services in the Union shall take due implement them. They shall, within one account of any operational month from receiving those recommendations addressed to them with a recommendations, adopt an audit view to take the necessary measures to implementation report setting out those implement them. They shall, within one measures. Where they do not implement month from receiving those

AM\1234906EN.docx 163/165 PE695.033v01-00 EN the operational recommendations, they recommendations, adopt an audit shall justify in the audit implementation implementation report setting out those report the reasons for not doing so and set measures. Where they do not implement out any alternative measures they may the operational recommendations, they have taken to address any instances of non- shall justify in the audit implementation compliance identified. report the reasons for not doing so and set out any alternative measures they may have taken to address any instances of non- compliance identified.

Or. en

Amendment 590 Mikuláš Peksa on behalf of the Greens/EFA Group

Proposal for a regulation Article 28 – paragraph 4 a (new)

Text proposed by the Commission Amendment

4 a. The audits shall, immediately after completion, be submitted to Digital Services Coordinators, European Union Agency for Fundamental Rights and to the Commission. Audit findings, not including sensitive information, shall be made public. Digital Services Coordinators, European Union Agency for Fundamental Rights and the Commission may provide a public comment on the audits.

Or. en

Justification

Introducing transparency provisions

Amendment 591 Henna Virkkunen, Eva Maydell, Tomas Tobé, Adam Jarubas, Jerzy Buzek, Pilar del Castillo Vera, Tom Berendsen, Pernille Weiss

Proposal for a regulation Article 28 – paragraph 4 a (new)

PE695.033v01-00 164/165 AM\1234906EN.docx EN Text proposed by the Commission Amendment

4 a. Digital Services Coordinators shall provide very large online platforms under their jurisdiction with an annual audit plan outlining the key areas of focus for the upcoming audit cycle.

Or. en

AM\1234906EN.docx 165/165 PE695.033v01-00 EN