European Parliament 2019-2024
Committee on Civil Liberties, Justice and Home Affairs
2020/0374(COD)
28.7.2021
AMENDMENTS 38 - 216
Draft opinion Ondřej Kovařík (PE693.946v01-00)
Contestable and fair markets in the digital sector (Digital Markets Act)
Proposal for a regulation (COM(2020)0842 – C9-0419/2020 – 2020/0374(COD))
AM\1237090EN.docx PE696.323v01-00
EN United in diversityEN AM_Com_LegOpinion
PE696.323v01-00 2/105 AM\1237090EN.docx EN Amendment 38 Nathalie Colin-Oesterlé, Geoffroy Didier
Proposal for a regulation Recital 9
Text proposed by the Commission Amendment
(9) A fragmentation of the internal (9) Nothing in this Regulation market can only be effectively averted if precludes the Member States from Member States are prevented from imposing the same or stricter obligations applying national rules which are specific on undertakings in pursuit of legitimate to the types of undertakings and services public interests, in accordance with Union covered by this Regulation. At the same law. Legitimate public interests include, time, since this Regulation aims at among others, consumer protection, the complementing the enforcement of fight against unfair competition, and the competition law, it should be specified that protection of freedom and pluralism. In this Regulation is without prejudice to particular, there is nothing in this Articles 101 and 102 TFEU, to the Regulation to preclude the Member States corresponding national competition rules from pursuing these legitimate public and to other national competition rules interests by imposing obligations on regarding unilateral behaviour that are undertakings with gatekeeper status in based on an individualised assessment of accordance with this Regulation. Since market positions and behaviour, including this Regulation aims at complementing the its likely effects and the precise scope of enforcement of competition law, it should the prohibited behaviour, and which be specified that this Regulation is without provide for the possibility of undertakings prejudice to Articles 101 and 102 TFEU, to to make efficiency and objective the corresponding national competition justification arguments for the behaviour in rules and to other national competition question. However, the application of the rules regarding unilateral behaviour that latter rules should not affect the are based on an individualised assessment obligations imposed on gatekeepers under of market positions and behaviour, this Regulation and their uniform and including its likely effects and the precise effective application in the internal scope of the prohibited behaviour, and market. which provide for the possibility of undertakings to make efficiency and objective justification arguments for the behaviour in question.
Or. fr
Amendment 39 Anne-Sophie Pelletier
Proposal for a regulation Recital 11
AM\1237090EN.docx 3/105 PE696.323v01-00 EN Text proposed by the Commission Amendment
(11) This Regulation should also (11) This Regulation should also complement, without prejudice to their complement, without prejudice to their application, the rules resulting from other application, the rules resulting from other acts of Union law regulating certain acts of Union law regulating certain aspects of the provision of services covered aspects of the provision of services covered by this Regulation, in particular Regulation by this Regulation, in particular Regulation (EU) 2019/1150 of the European (EU) 2019/1150 of the European Parliament and of the Council26 , Parliament and of the Council26 , Regulation (EU) xx/xx/EU [DSA] of the Regulation (EU) xx/xx/EU [DSA] of the European Parliament and of the Council27 , European Parliament and of the Council27 , Regulation (EU) 2016/679 of the European Regulation (EU) 2016/679 of the European Parliament and of the Council28 , Directive Parliament and of the Council28 , Directive (EU) 2019/790 of the European Parliament 2002/58/EC, Directive (EU) 2019/790 of and of the Council29 , Directive (EU) the European Parliament and of the 2015/2366 of the European Parliament and Council29 , Directive (EU) 2015/2366 of of the Council30 , and Directive (EU) the European Parliament and of the 2010/13 of the European Parliament and of Council30 , and Directive (EU) 2010/13 of the Council31 , as well as national rules the European Parliament and of the aimed at enforcing or, as the case may be, Council31 , as well as national rules aimed implementing that Union legislation. at enforcing or, as the case may be, implementing that Union legislation. This Regulation does not particularise or replace any of the obligations of core platform services under Regulation (EU) 2016/679 and Directive 2002/58/EC. ______26 Regulation (EU) 2019/1150 of the 26 Regulation (EU) 2019/1150 of the European Parliament and of the Council of European Parliament and of the Council of 20 June 2019 on promoting fairness and 20 June 2019 on promoting fairness and transparency for business users of online transparency for business users of online intermediation services (OJ L 186, intermediation services (OJ L 186, 11.7.2019, p. 57). 11.7.2019, p. 57). 27 Regulation (EU) …/.. of the European 27 Regulation (EU) …/.. of the European Parliament and of the Council – proposal Parliament and of the Council – proposal on a Single Market For Digital Services on a Single Market For Digital Services (Digital Services Act) and amending (Digital Services Act) and amending Directive 2000/31/EC. Directive 2000/31/EC. 28 Regulation (EU) 2016/679 of the 28 Regulation (EU) 2016/679 of the European Parliament and of the Council of European Parliament and of the Council of 27 April 2016 on the protection of natural 27 April 2016 on the protection of natural persons with regard to the processing of persons with regard to the processing of personal data and on the free movement of personal data and on the free movement of such data, and repealing Directive such data, and repealing Directive 95/46/EC (General Data Protection 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). Regulation) (OJ L 119, 4.5.2016, p. 1). 29 Directive (EU) 2019/790 of the 29 Directive (EU) 2019/790 of the
PE696.323v01-00 4/105 AM\1237090EN.docx EN European Parliament and of the Council of European Parliament and of the Council of 17 April 2019 on copyright and related 17 April 2019 on copyright and related rights in the Digital Single Market and rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/ amending Directives 96/9/EC and 2001/29/ (OJ L 130, 17.5.2019, p. 92.). (OJ L 130, 17.5.2019, p. 92.). 30 Directive (EU) 2015/2366 of the 30 Directive (EU) 2015/2366 of the European Parliament and of the Council of European Parliament and of the Council of 25 November 2015 on payment services in 25 November 2015 on payment services in the internal market, amending Directives the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 1093/2010, and repealing Directive 2007/64/EC ( OJ L 337, 23.12.2015, p. 35). 2007/64/EC ( OJ L 337, 23.12.2015, p. 35). 31 Directive 2010/13/EU of the European 31 Directive 2010/13/EU of the European Parliament and of the Council of 10 March Parliament and of the Council of 10 March 2010 on the coordination of certain 2010 on the coordination of certain provisions laid down by law, regulation or provisions laid down by law, regulation or administrative action in Member States administrative action in Member States concerning the provision of audiovisual concerning the provision of audiovisual media services (Audiovisual Media media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. Services Directive) (OJ L 95, 15.4.2010, p. 1). 1).
Or. en
Amendment 40 Ondřej Kovařík, Fabienne Keller
Proposal for a regulation Recital 13
Text proposed by the Commission Amendment
(13) In particular, online intermediation (13) In particular, online intermediation services, online search engines, operating services, online search engines, operating systems, online social networking, video systems, online social networking, video sharing platform services, number- sharing platform services, number- independent interpersonal communication independent interpersonal communication services, cloud computing services and services, cloud computing services, online online advertising services all have the advertising services and web browsers all capacity to affect a large number of end have the capacity to affect a large number users and businesses alike, which entails a of end users and businesses alike, which risk of unfair business practices. They entails a risk of unfair business practices. therefore should be included in the They therefore should be included in the definition of core platform services and fall definition of core platform services and fall into the scope of this Regulation. Online into the scope of this Regulation. Online intermediation services may also be active intermediation services may also be active
AM\1237090EN.docx 5/105 PE696.323v01-00 EN in the field of financial services, and they in the field of financial services, and they may intermediate or be used to provide may intermediate or be used to provide such services as listed non-exhaustively in such services as listed non-exhaustively in Annex II to Directive (EU) 2015/1535 of Annex II to Directive (EU) 2015/1535 of the European Parliament and of the the European Parliament and of the Council32 . In certain circumstances, the Council32 . In certain circumstances, the notion of end users should encompass notion of end users should encompass users that are traditionally considered users that are traditionally considered business users, but in a given situation do business users, but in a given situation do not use the core platform services to not use the core platform services to provide goods or services to other end provide goods or services to other end users, such as for example businesses users, such as for example businesses relying on cloud computing services for relying on cloud computing services for their own purposes. their own purposes. ______32 Directive (EU) 2015/1535 of the 32 Directive (EU) 2015/1535 of the European Parliament and of the Council of European Parliament and of the Council of 9 September 2015 laying down a procedure 9 September 2015 laying down a procedure for the provision of information in the field for the provision of information in the field of technical regulations and of rules on of technical regulations and of rules on Information Society services, OJ L 241, Information Society services, OJ L 241, 17.9.2015, p. 1. 17.9.2015, p. 1.
Or. en
Amendment 41 Nathalie Colin-Oesterlé, Geoffroy Didier
Proposal for a regulation Recital 13 a (new)
Text proposed by the Commission Amendment
(13a) Where the gatekeeper has a number of core platform services, separate authentication factors, for example separate user accounts set up for each core platform service, should be possible. It must not be mandatory to combine or link accounts belonging to business or end users.
Or. fr
Amendment 42
PE696.323v01-00 6/105 AM\1237090EN.docx EN Nathalie Colin-Oesterlé, Geoffroy Didier
Proposal for a regulation Recital 14 a (new)
Text proposed by the Commission Amendment
(14a) Gatekeepers may also provide ancillary services aimed at end users, alongside their basic services, and do so in a manner that is indistinguishable for the average user. These ancillary services may compete against the professional users of the platform's basic service and be a significant factor in any market imbalance, leading, ultimately, to an unfair increase in the power of the gatekeeper, including with respect to its commercial partners, such as suppliers of goods and services, who depend on this ancillary service. To prevent gatekeepers from unfairly benefiting from the leverage provided by the ancillary services, these services should also be subject to the obligations applicable to core platform services.
Or. fr
Amendment 43 Anne-Sophie Pelletier
Proposal for a regulation Recital 15
Text proposed by the Commission Amendment
(15) The fact that a digital service (15) The fact that a digital service qualifies as a core platform service in light qualifies as a core platform service in light of its widespread and common use and its of its widespread and common use and its importance for connecting business users importance for connecting business users and end users does not as such give rise to and end users does not as such give rise to sufficiently serious concerns of sufficiently serious concerns of contestability and unfair practices. It is contestability and unfair practices. It is only when a core platform service only when a core platform service constitutes an important gateway and is constitutes an important gateway and is operated by a provider with a significant operated by a provider with a significant impact in the internal market and an impact in the internal market and an
AM\1237090EN.docx 7/105 PE696.323v01-00 EN entrenched and durable position, or by a entrenched and durable position, or by a provider that will foreseeably have such a provider that will foreseeably have such a position in the near future, that such position in the near future, that such concerns arise. Accordingly, the targeted concerns arise. Accordingly, the targeted set of harmonised rules laid down in this set of harmonised rules laid down in this Regulation should apply only to Regulation should apply only to undertakings designated on the basis of undertakings designated on the basis of two these three objective criteria, and they out of these three objective criteria, and should only apply to those of their core they should only apply to those of their platform services that individually core platform services that individually constitute an important gateway for constitute an important gateway for business users to reach end users. business users to reach end users.
Or. en
Amendment 44 Gwendoline Delbos-Corfield
Proposal for a regulation Recital 17
Text proposed by the Commission Amendment
(17) A very significant turnover in the (17) A very significant turnover in the Union and the provision of a core platform Union and the provision of a core platform service in at least three Member States service in at least three Member States constitute compelling indications that the constitute compelling indications that the provider of a core platform service has a provider of a core platform service has a significant impact on the internal market. significant impact on the internal market. This is equally true where a provider of a This is equally true where a provider of a core platform service in at least three core platform service in at least three Member States has a very significant Member States has a very significant market capitalisation or equivalent fair market capitalisation or equivalent fair market value. Therefore, a provider of a market value. Therefore, a provider of a core platform service should be presumed core platform service should be presumed to have a significant impact on the internal to have a significant impact on the internal market where it provides a core platform market where it offers its services in at service in at least three Member States and least three Member States and where either where either its group turnover realised in its group turnover realised in the EEA is the EEA is equal to or exceeds a specific, equal to or exceeds a specific, high high threshold or the market capitalisation threshold or the market capitalisation of the of the group is equal to or exceeds a certain group is equal to or exceeds a certain high high absolute value. For providers of core absolute value. A provider should be platform services that belong to considered to be offering its service in a undertakings that are not publicly listed, Member State if the service is, for the equivalent fair market value above a example, translated in one of official certain high absolute value should be languages of the Member State or if the referred to. The Commission should use its provider is actively seeking business
PE696.323v01-00 8/105 AM\1237090EN.docx EN power to adopt delegated acts to develop opportunities in that Member State. A an objective methodology to calculate that plain availability of a service in a Member value. A high EEA group turnover in State should not be considered as a conjunction with the threshold of users in proactive offering of a service by the the Union of core platform services reflects provider. For providers of core platform a relatively strong ability to monetise these services that belong to undertakings that users. A high market capitalisation relative are not publicly listed, the equivalent fair to the same threshold number of users in market value above a certain high absolute the Union reflects a relatively significant value should be referred to. The potential to monetise these users in the near Commission should use its power to adopt future. This monetisation potential in turn delegated acts to develop an objective reflects in principle the gateway position of methodology to calculate that value. A the undertakings concerned. Both high EEA group turnover in conjunction indicators are in addition reflective of their with the threshold of users in the Union of financial capacity, including their ability to core platform services reflects a relatively leverage their access to financial markets strong ability to monetise these users. A to reinforce their position. This may for high market capitalisation relative to the example happen where this superior access same threshold number of users in the is used to acquire other undertakings, Union reflects a relatively significant which ability has in turn been shown to potential to monetise these users in the near have potential negative effects on future. This monetisation potential in turn innovation. Market capitalisation can also reflects in principle the gateway position of be reflective of the expected future position the undertakings concerned. Both and effect on the internal market of the indicators are in addition reflective of their providers concerned, notwithstanding a financial capacity, including their ability to potentially relatively low current turnover. leverage their access to financial markets The market capitalisation value can be to reinforce their position. This may for based on a level that reflects the average example happen where this superior access market capitalisation of the largest publicly is used to acquire other undertakings, listed undertakings in the Union over an which ability has in turn been shown to appropriate period. have potential negative effects on innovation. Market capitalisation can also be reflective of the expected future position and effect on the internal market of the providers concerned, notwithstanding a potentially relatively low current turnover. The market capitalisation value can be based on a level that reflects the average market capitalisation of the largest publicly listed undertakings in the Union over an appropriate period.
Or. en
Amendment 45 Ondřej Kovařík
Proposal for a regulation
AM\1237090EN.docx 9/105 PE696.323v01-00 EN Recital 29
Text proposed by the Commission Amendment
(29) Designated gatekeepers should (29) Designated gatekeepers should comply with the obligations laid down in comply with the obligations laid down in this Regulation in respect of each of the this Regulation in respect of each of the core platform services listed in the relevant core platform services listed in the relevant designation decision. The mandatory rules designation decision. The mandatory rules should apply taking into account the should apply taking into account the conglomerate position of gatekeepers, conglomerate position of gatekeepers, where applicable. Furthermore, where applicable. Furthermore, implementing measures that the implementing measures that the Commission may by decision impose on Commission may by decision impose on the gatekeeper following a regulatory the gatekeeper following a regulatory dialogue should be designed in an effective dialogue should be designed in an effective manner, having regard to the features of manner, having regard to the features of core platform services as well as possible core platform services as well as possible circumvention risks and in compliance circumvention risks and in compliance with the principle of proportionality and with the principle of proportionality and the fundamental rights of the undertakings the fundamental rights of the undertakings concerned as well as those of third parties. concerned as well as those of third parties. The participants, agenda and results of regulatory dialogue should be made public. The regulatory dialogue itself should not take longer than 6 months.
Or. en
Amendment 46 Ondřej Kovařík
Proposal for a regulation Recital 33
Text proposed by the Commission Amendment
(33) The obligations laid down in this (33) The obligations laid down in this Regulation are limited to what is necessary Regulation are limited to what is necessary and justified to address the unfairness of and justified to address the unfairness of the identified practices by gatekeepers and the identified practices by gatekeepers and to ensure contestability in relation to core to ensure contestability in relation to core platform services provided by gatekeepers. platform services provided by gatekeepers. Therefore, the obligations should Therefore, the obligations should correspond to those practices that are correspond to those practices that are considered unfair by taking into account considered unfair by taking into account the features of the digital sector and where the features of the digital sector and where experience gained, for example in the experience gained, for example in the
PE696.323v01-00 10/105 AM\1237090EN.docx EN enforcement of the EU competition rules, enforcement of the EU competition rules, shows that they have a particularly shows that they have a particularly negative direct impact on the business negative direct impact on the business users and end users. In addition, it is users and end users. In addition, it is necessary to provide for the possibility of a necessary to provide for the possibility of a regulatory dialogue with gatekeepers to brief regulatory dialogue with gatekeepers tailor those obligations that are likely to to tailor those obligations that are likely to require specific implementing measures in require specific implementing measures in order to ensure their effectiveness and order to ensure their effectiveness and proportionality. The obligations should proportionality. The obligations should only be updated after a thorough only be updated after a thorough investigation on the nature and impact of investigation on the nature and impact of specific practices that may be newly specific practices that may be newly identified, following an in-depth identified, following an in-depth investigation, as unfair or limiting investigation, as unfair or limiting contestability in the same manner as the contestability in the same manner as the unfair practices laid down in this unfair practices laid down in this Regulation while potentially escaping the Regulation while potentially escaping the scope of the current set of obligations. scope of the current set of obligations.
Or. en
Amendment 47 Fabienne Keller
Proposal for a regulation Recital 36
Text proposed by the Commission Amendment
(36) The conduct of combining end user (36) The conduct of combining end user data from different sources or signing in data from different sources or signing in users to different services of gatekeepers users to different services of gatekeepers gives them potential advantages in terms of gives them potential advantages in terms of accumulation of data, thereby raising accumulation of data, thereby raising barriers to entry. To ensure that barriers to entry. To ensure gatekeepers do not unfairly undermine the that gatekeepers do not unfairly undermine contestability of core platform services, the contestability of core platform services, they should enable their end users to freely they should enable their end users to freely choose to opt-in to such business practices choose to opt-in to such business practices by offering a less personalised alternative. by offering a less personalised but The possibility should cover all possible equivalent alternative, and without sources of personal data, including own making the core platform service or services of the gatekeeper as well as third certain functionalities thereof conditional party websites, and should be proactively upon the end user’s consent in the sense presented to the end user in an explicit, of Article 6(1)(a) of Regulation (EU) clear and straightforward manner. 2016/679. The less personalized alternative should not be different or of
AM\1237090EN.docx 11/105 PE696.323v01-00 EN degraded quality compared to the service offered to the end users who provide consent to the combining of their personal data. The possibility of data combination should cover all possible sources of personal data, including own core platform services and other services offered by the gatekeeper as well as third party services (where data is obtained, for example, via cookies or like buttons included on third party websites). When the gatekeeper requests consent, it should proactively present a user-friendly solution to end users to provide, modify or revoke consent in an explicit, clear and straightforward manner. Consent should be given in a clear, informed and specific way by the end user who should be informed that a refusal may lead to a less personalised offer but the quality and functionalities of the core platform service will remain unchanged.
Or. en
Amendment 48 Anne-Sophie Pelletier
Proposal for a regulation Recital 39
Text proposed by the Commission Amendment
(39) To safeguard a fair commercial (39) To safeguard a fair commercial environment and protect the contestability environment and protect the contestability of the digital sector it is important to of the digital sector it is important to safeguard the right of business users to safeguard the right of business users or end raise concerns about unfair behaviour by users to raise concerns about unfair gatekeepers with any relevant behaviour by gatekeepers with any relevant administrative or other public authorities. administrative or other public authorities. For example, business users may want to For example, business users or end users complain about different types of unfair may want to complain about different types practices, such as discriminatory access of unfair practices, such as discriminatory conditions, unjustified closing of business access conditions, unjustified closing of user accounts or unclear grounds for business user accounts or unclear grounds product de-listings. Any practice that for product de-listings. Any practice that would in any way inhibit such a possibility would in any way inhibit such a possibility of raising concerns or seeking available of raising concerns or seeking available
PE696.323v01-00 12/105 AM\1237090EN.docx EN redress, for instance by means of redress, for instance by means of confidentiality clauses in agreements or confidentiality clauses in agreements or other written terms, should therefore be other written terms, should therefore be prohibited. This should be without prohibited. This should be without prejudice to the right of business users and prejudice to the right of business users and gatekeepers to lay down in their gatekeepers to lay down in their agreements the terms of use including the agreements the terms of use including the use of lawful complaints-handling use of lawful complaints-handling mechanisms, including any use of mechanisms, including any use of alternative dispute resolution mechanisms alternative dispute resolution mechanisms or of the jurisdiction of specific courts in or of the jurisdiction of specific courts in compliance with respective Union and compliance with respective Union and national law This should therefore also be national law This should therefore also be without prejudice to the role gatekeepers without prejudice to the role gatekeepers play in the fight against illegal content play in the fight against illegal content online. online.
Or. en
Amendment 49 Ondřej Kovařík
Proposal for a regulation Recital 39
Text proposed by the Commission Amendment
(39) To safeguard a fair commercial (39) To safeguard a fair commercial environment and protect the contestability environment and protect the contestability of the digital sector it is important to of the digital sector it is important to safeguard the right of business users to safeguard the right of business users to raise concerns about unfair behaviour by raise concerns about unfair behaviour by gatekeepers with any relevant gatekeepers with any relevant administrative or other public authorities. administrative or other public authorities For example, business users may want to including national courts. For example, complain about different types of unfair business users may want to complain about practices, such as discriminatory access different types of unfair practices, such as conditions, unjustified closing of business discriminatory access conditions, user accounts or unclear grounds for unjustified closing of business user product de-listings. Any practice that accounts or unclear grounds for product would in any way inhibit such a possibility de-listings. Any practice that would in any of raising concerns or seeking available way inhibit such a possibility of raising redress, for instance by means of concerns or seeking available redress, for confidentiality clauses in agreements or instance by means of confidentiality other written terms, should therefore be clauses in agreements or other written prohibited. This should be without terms, should therefore be prohibited. This prejudice to the right of business users and should be without prejudice to the right of gatekeepers to lay down in their business users and gatekeepers to lay down
AM\1237090EN.docx 13/105 PE696.323v01-00 EN agreements the terms of use including the in their agreements the terms of use use of lawful complaints-handling including the use of lawful complaints- mechanisms, including any use of handling mechanisms, including any use of alternative dispute resolution mechanisms alternative dispute resolution mechanisms or of the jurisdiction of specific courts in or of the jurisdiction of specific courts in compliance with respective Union and compliance with respective Union and national law This should therefore also be national law This should therefore also be without prejudice to the role gatekeepers without prejudice to the role gatekeepers play in the fight against illegal content play in the fight against illegal content online. online.
Or. en
Amendment 50 Anne-Sophie Pelletier
Proposal for a regulation Recital 40
Text proposed by the Commission Amendment
(40) Identification services are crucial (40) Identification services are crucial for business users to conduct their for business users to conduct their business, as these can allow them not only business, as these can allow them not only to optimise services, to the extent allowed to optimise services, to the extent allowed under Regulation (EU) 2016/679 and under Regulation (EU) 2016/679 and Directive 2002/58/EC of the European Directive 2002/58/EC of the European Parliament and of the Council33 , but also Parliament and of the Council33 , but also to inject trust in online transactions, in to inject trust in online transactions, in compliance with Union or national law. compliance with Union or national law. Gatekeepers should therefore not use their Gatekeepers should therefore not use their position as provider of core platform position as provider of core platform services to require their dependent business services to require their dependent business users to include any identification services users to include any identification or provided by the gatekeeper itself as part of payment services provided by the the provision of services or products by gatekeeper itself as part of the provision of these business users to their end users, services or products by these business where other identification services are users to their end users, where other available to such business users. identification or payment services are available to such business users. ______33 Directive 2002/58/EC of the European 33 Directive 2002/58/EC of the European Parliament and of the Council of 12 July Parliament and of the Council of 12 July 2002 concerning the processing of personal 2002 concerning the processing of personal data and the protection of privacy in the data and the protection of privacy in the electronic communications sector electronic communications sector (Directive on privacy and electronic (Directive on privacy and electronic
PE696.323v01-00 14/105 AM\1237090EN.docx EN communications) (OJ L 201, 31.7.2002, p. communications) (OJ L 201, 31.7.2002, p. 37). 37).
Or. en
Amendment 51 Anne-Sophie Pelletier
Proposal for a regulation Recital 41
Text proposed by the Commission Amendment
(41) Gatekeepers should not restrict the (41) Gatekeepers should not restrict the free choice of end users by technically free choice of end users by preventing preventing switching between or switching between or subscription to subscription to different software different software applications and applications and services. Gatekeepers services. Gatekeepers should therefore should therefore ensure a free choice ensure a free choice irrespective of whether irrespective of whether they are the they are the manufacturer of any hardware manufacturer of any hardware by means of by means of which such software which such software applications or applications or services are accessed and services are accessed and should not raise should not raise artificial technical barriers artificial technical barriers so as to make so as to make switching impossible or switching impossible or ineffective. The ineffective. The mere offering of a given mere offering of a given product or service product or service to end users, including to end users, including by means of pre- by means of pre-installation, as well the installation, as well the improvement of improvement of end user offering, such as end user offering, such as better prices or better prices or increased quality, would increased quality, would not in itself not in itself constitute a barrier to constitute a barrier to switching. switching.
Or. en
Amendment 52 Gwendoline Delbos-Corfield
Proposal for a regulation Recital 42
Text proposed by the Commission Amendment
(42) The conditions under which (42) The conditions under which gatekeepers provide online advertising gatekeepers provide online advertising services to business users including both services including targeted online advertisers and publishers are often non- advertising services based on contextual
AM\1237090EN.docx 15/105 PE696.323v01-00 EN transparent and opaque. This opacity is information to business users including partly linked to the practices of a few both advertisers and publishers are often platforms, but is also due to the sheer non-transparent and opaque. This opacity complexity of modern day programmatic is partly linked to the practices of a few advertising. The sector is considered to platforms, but is also due to the sheer have become more non-transparent after complexity of modern day programmatic the introduction of new privacy advertising. This often leads to a lack of legislation, and is expected to become information and knowledge for advertisers even more opaque with the announced and publishers about the conditions of the removal of third-party cookies. This often advertising services they purchased and leads to a lack of information and undermines their ability to switch to knowledge for advertisers and publishers alternative providers of online advertising about the conditions of the advertising services. Furthermore, the costs of online services they purchased and undermines advertising are likely to be higher than they their ability to switch to alternative would be in a fairer, more transparent and providers of online advertising services. contestable platform environment. These Furthermore, the costs of online higher costs are likely to be reflected in the advertising are likely to be higher than they prices that end users pay for many daily would be in a fairer, more transparent and products and services relying on the use of contestable platform environment. These online advertising. Transparency higher costs are likely to be reflected in the obligations should therefore require prices that end users pay for many daily gatekeepers to provide advertisers and products and services relying on the use of publishers to whom they supply targeted online advertising. Transparency online advertising services based on obligations should therefore require contextual information, when requested gatekeepers to provide advertisers and and to the extent possible, with information publishers to whom they supply online that allows both sides to understand the advertising services, when requested and to price paid for each of the different the extent possible, with information that advertising services provided as part of the allows both sides to understand the price relevant advertising value chain. paid for each of the different advertising Contextual information may include services provided as part of the relevant keywords, the language setting advertising value chain. communicated by the device of the end user or the geographical region of the end users to whom an advertisement is displayed, without allowing for the identification of one or more natural persons. The targeting of end users using personal data should be phased out.
Or. en
Amendment 53 Gwendoline Delbos-Corfield
Proposal for a regulation Recital 47
PE696.323v01-00 16/105 AM\1237090EN.docx EN Text proposed by the Commission Amendment
(47) The rules that the gatekeepers set (47) The rules that the gatekeepers set for the distribution of software applications for the distribution of software applications may in certain circumstances restrict the may in certain circumstances restrict the ability of end users to install and ability of end users to install and effectively use third party software effectively use third party software applications or software application stores applications or software application stores on operating systems or hardware of the or repositories on operating systems or relevant gatekeeper and restrict the ability hardware of the relevant gatekeeper and of end users to access these software restrict the ability of end users to access applications or software application stores these software applications or software outside the core platform services of that application stores or repositories outside gatekeeper. Such restrictions may limit the the core platform services of that ability of developers of software gatekeeper. Such restrictions may limit the applications to use alternative distribution ability of developers of software channels and the ability of end users to applications to use alternative distribution choose between different software channels and the ability of end users to applications from different distribution choose between different software channels and should be prohibited as unfair applications from different distribution and liable to weaken the contestability of channels and should be prohibited as unfair core platform services. In order to ensure and liable to weaken the contestability of that third party software applications or core platform services. In order to ensure software application stores do not endanger that third party software applications or the integrity of the hardware or operating software application stores do not endanger system provided by the gatekeeper the the integrity of the hardware or operating gatekeeper concerned may implement system provided by the gatekeeper the proportionate technical or contractual gatekeeper concerned may implement measures to achieve that goal if the proportionate technical or contractual gatekeeper demonstrates that such measures to achieve that goal if the measures are necessary and justified and gatekeeper demonstrates that such that there are no less restrictive means to measures are necessary and justified and safeguard the integrity of the hardware or that there are no less restrictive means to operating system. safeguard the integrity of the hardware or operating system.
Or. en
Amendment 54 Ondřej Kovařík
Proposal for a regulation Recital 48
Text proposed by the Commission Amendment
(48) Gatekeepers are often vertically (48) Gatekeepers are often vertically integrated and offer certain products or integrated and offer certain products or
AM\1237090EN.docx 17/105 PE696.323v01-00 EN services to end users through their own services to end users through their own core platform services, or through a core platform services, or through a business user over which they exercise business user over which they exercise control which frequently leads to conflicts control or with which they have entered of interest. This can include the situation into particular cooperation agreements or whereby a gatekeeper offers its own online which they prefer due to other reasons intermediation services through an online unrelated to their service´s actual search engine. When offering those relevance, which frequently leads to products or services on the core platform conflicts of interest. This can include the service, gatekeepers can reserve a better situation whereby a gatekeeper offers its position to their own offering, in terms of own online intermediation services through ranking, as opposed to the products of third an online search engine. When offering parties also operating on that core platform those products or services on the core service. This can occur for instance with platform service, gatekeepers can reserve a products or services, including other core better position to their own offering, in platform services, which are ranked in the terms of ranking, as opposed to the results communicated by online search products of third parties also intermediated engines, or which are partly or entirely via that core platform service. This can embedded in online search engines results, occur for instance with products or groups of results specialised in a certain services, including other core platform topic, displayed along with the results of an services, which are ranked in the results online search engine, which are considered communicated by online search engines, or or used by certain end users as a service which are partly or entirely embedded in distinct or additional to the online search online search engines results, groups of engine. Other instances are those of results specialised in a certain topic, software applications which are distributed displayed along with the results of an through software application stores, or online search engine, which are considered products or services that are given or used by certain end users as a service prominence and display in the newsfeed of distinct or additional to the online search a social network, or products or services engine. Other instances are those of ranked in search results or displayed on an software applications which are distributed online marketplace. In those through software application stores, or circumstances, the gatekeeper is in a dual- products or services that are given role position as intermediary for third party prominence and display in the newsfeed of providers and as direct provider of a social network, or products or services products or services of the gatekeeper. ranked in search results or displayed on an Consequently, these gatekeepers have the online marketplace. In those ability to undermine directly the circumstances, the gatekeeper is in a dual- contestability for those products or services role position as intermediary for third party on these core platform services, to the providers and as direct provider of detriment of business users which are not products or services of the gatekeeper. controlled by the gatekeeper. Consequently, these gatekeepers have the ability to undermine directly the contestability for those products or services on these core platform services, to the detriment of business users which are not controlled by the gatekeeper.
Or. en
PE696.323v01-00 18/105 AM\1237090EN.docx EN Amendment 55 Ondřej Kovařík
Proposal for a regulation Recital 49
Text proposed by the Commission Amendment
(49) In such situations, the gatekeeper (49) While in such situations of a should not engage in any form of conflict of interest, the gatekeeper should differentiated or preferential treatment in not partly or entirely embed such distinct ranking on the core platform service, product or service in online search engine whether through legal, commercial or results or groups of results. Gatekeeper technical means, in favour of products or may rank its products or services, services it offers itself or through a provided that it does not engage in any business user which it controls. To ensure form of differentiated or preferential that this obligation is effective, it should treatment in ranking on the core platform also be ensured that the conditions that service, whether through legal, commercial apply to such ranking are also generally or technical means, in favour of products fair. Ranking should in this context cover or services it offers itself or through a all forms of relative prominence, business user which it controls or including display, rating, linking or voice cooperates with or prefers any other results. To ensure that this obligation is reason unrelated to the relevance of the effective and cannot be circumvented it product or service. In particular, where a should also apply to any measure that gatekeeper´s online search engine results may have an equivalent effect to the page includes ranking of separate differentiated or preferential treatment in products or services in the same format ranking. The guidelines adopted pursuant and on the same terms and conditions. to Article 5 of Regulation (EU) 2019/1150 Should this take place in exchange for should also facilitate the implementation remuneration, to avoid any conflict of and enforcement of this obligation.34 interest, the gatekeeper´s separate product or service shall be treated as a separate commercial entity and shall be commercially viable as a stand-alone service, offered outside of the gatekeeper´s core platform service. ______34 Commission Notice: Guidelines on ranking transparency pursuant to Regulation (EU) 2019/1150 of the European Parliament and of the Council (OJ C 424, 8.12.2020, p. 1).
Or. en
AM\1237090EN.docx 19/105 PE696.323v01-00 EN Amendment 56 Gwendoline Delbos-Corfield
Proposal for a regulation Recital 52
Text proposed by the Commission Amendment
(52) Gatekeepers may also have a dual (52) Gatekeepers may also have a dual role as developers of operating systems and role as developers of operating systems and device manufacturers, including any device manufacturers, including any technical functionality that such a device technical functionality that such a device may have. For example, a gatekeeper that may have. For example, a gatekeeper that is a manufacturer of a device may restrict is a manufacturer of a device may restrict access to some of the functionalities in this access to some of the functionalities in this device, such as near-field-communication device, such as near-field-communication technology and the software used to technology and the software used to operate that technology, which may be operate that technology, which may be required for the effective provision of an required for the effective provision of an ancillary service by the gatekeeper as well ancillary service by the gatekeeper as well as by any potential third party provider of as by any potential third party provider of such an ancillary service. Such access may such an ancillary service. Such access may equally be required by software equally be required by software applications related to the relevant applications related to the relevant ancillary services in order to effectively ancillary services in order to effectively provide similar functionalities as those provide similar functionalities as those offered by gatekeepers. If such a dual role offered by gatekeepers. If such a dual role is used in a manner that prevents is used in a manner that prevents end users alternative providers of ancillary services or alternative providers of ancillary or of software applications to have access services or of software applications to have under equal conditions to the same access under equal conditions to the same operating system, hardware or software operating system, hardware or software features that are available or used in the features that are available or used in the provision by the gatekeeper of any provision by the gatekeeper of any ancillary services, this could significantly ancillary services, this could significantly undermine innovation by providers of such undermine innovation by providers of such ancillary services as well as choice for end ancillary services as well as choice for end users of such ancillary services. The users of such ancillary services. The gatekeepers should therefore be obliged to gatekeepers should therefore be obliged to ensure access under equal conditions to, ensure access under equal conditions to, and interoperability with, the same and interoperability with, the same operating system, hardware or software operating system, hardware or software features that are available or used in the features that are available or used in the provision of any ancillary services by the provision of any ancillary services by the gatekeeper. gatekeeper.
Or. en
PE696.323v01-00 20/105 AM\1237090EN.docx EN Amendment 57 Gwendoline Delbos-Corfield
Proposal for a regulation Recital 53
Text proposed by the Commission Amendment
(53) The conditions under which (53) The conditions under which gatekeepers provide online advertising gatekeepers provide targeted online services to business users including both advertising services based on contextual advertisers and publishers are often non- information to business users including transparent and opaque. This often leads to both advertisers and publishers are often a lack of information for advertisers and non-transparent and opaque. This often publishers about the effect of a given ad. leads to a lack of information for To further enhance fairness, transparency advertisers and publishers about the effect and contestability of online advertising of a given ad. To further enhance fairness, services designated under this Regulation transparency and contestability of online as well as those that are fully integrated advertising services designated under this with other core platform services of the Regulation as well as those that are fully same provider, the designated gatekeepers integrated with other core platform services should therefore provide advertisers and of the same provider, the designated publishers, when requested, with free of gatekeepers should therefore provide charge access to the performance advertisers and publishers, when requested, measuring tools of the gatekeeper and the with free of charge access to the information necessary for advertisers, performance measuring tools of the advertising agencies acting on behalf of a gatekeeper for the purpose of targeted company placing advertising, as well as for digital advertising based on contextual publishers to carry out their own information and the information necessary independent verification of the provision of for advertisers, advertising agencies acting the relevant online advertising services. on behalf of a company placing advertising, as well as for publishers to carry out their own independent verification of the provision of the relevant online advertising services.
Or. en
Amendment 58 Gwendoline Delbos-Corfield
Proposal for a regulation Recital 55
Text proposed by the Commission Amendment
(55) Business users that use large core (55) Business users that use large core platform services provided by gatekeepers platform services provided by gatekeepers
AM\1237090EN.docx 21/105 PE696.323v01-00 EN and end users of such business users and end users of such business users provide and generate a vast amount of data, provide and generate a vast amount of data, including data inferred from such use. In including data inferred from such use. In order to ensure that business users have order to ensure that business users have access to the relevant data thus generated, access to the relevant data thus generated, the gatekeeper should, upon their request, the gatekeeper should, upon their request, allow unhindered access, free of charge, to allow unhindered access, free of charge, to such data. Such access should also be aggregated, non-personal data. Such given to third parties contracted by the access should also be given to third parties business user, who are acting as processors contracted by the business user, who are of this data for the business user. Data acting as processors of this data for the provided or generated by the same business business user. Data provided or generated users and the same end users of these by the same business users and the same business users in the context of other end users of these business users in the services provided by the same gatekeeper context of other services provided by the may be concerned where this is same gatekeeper may be concerned where inextricably linked to the relevant request. this is inextricably linked to the relevant To this end, a gatekeeper should not use request. To this end, a gatekeeper should any contractual or other restrictions to not use any contractual or other restrictions prevent business users from accessing to prevent business users from accessing relevant data and should enable business relevant data and should enable business users to obtain consent of their end users users to obtain consent of their end users for such data access and retrieval, where for such data access and retrieval, where such consent is required under Regulation such consent is required under Regulation (EU) 2016/679 and Directive 2002/58/EC. (EU) 2016/679 and Directive 2002/58/EC. Gatekeepers should also facilitate access to Gatekeepers should also facilitate access to these data in real time by means of these data in real time by means of appropriate technical measures, such as for appropriate technical measures, such as for example putting in place high quality example putting in place high quality application programming interfaces. application programming interfaces.
Or. en
Amendment 59 Gwendoline Delbos-Corfield
Proposal for a regulation Recital 57
Text proposed by the Commission Amendment
(57) In particular gatekeepers which (57) In particular gatekeepers which provide access to software application provide access to software application stores serve as an important gateway for stores, online search engines and online business users that seek to reach end users. social networking services serve as an In view of the imbalance in bargaining important gateway for business users that power between those gatekeepers and seek to reach end users, which can have an business users of their software application adverse effect on the end users' right to
PE696.323v01-00 22/105 AM\1237090EN.docx EN stores, those gatekeepers should not be receive and impart information and ideas, allowed to impose general conditions, and ultimately adversely affect media including pricing conditions, that would be pluralism. In view of the imbalance in unfair or lead to unjustified differentiation. bargaining power between those Pricing or other general access conditions gatekeepers on the one hand, and business should be considered unfair if they lead to users of their software application stores, an imbalance of rights and obligations particularly when accessing their online imposed on business users or confer an search engine and online social networks, advantage on the gatekeeper which is on the other hand, those gatekeepers disproportionate to the service provided by should not be allowed to impose general the gatekeeper to business users or lead to conditions, including pricing conditions, a disadvantage for business users in that would be unfair or lead to unjustified providing the same or similar services as differentiation. Pricing or other general the gatekeeper. The following benchmarks access conditions should be considered can serve as a yardstick to determine the unfair if they lead to an imbalance of rights fairness of general access conditions: and obligations imposed on business users prices charged or conditions imposed for or confer an advantage on the gatekeeper the same or similar services by other which is disproportionate to the service providers of software application stores; provided by the gatekeeper to business prices charged or conditions imposed by users or lead to a disadvantage for business the provider of the software application users in providing the same or similar store for different related or similar services as the gatekeeper. The following services or to different types of end users; benchmarks can serve as a yardstick to prices charged or conditions imposed by determine the fairness of general access the provider of the software application conditions: prices charged or conditions store for the same service in different imposed for the same or similar services by geographic regions; prices charged or other providers of software application conditions imposed by the provider of the stores; prices charged or conditions software application store for the same imposed by the provider of the software service the gatekeeper offers to itself. This application store, online search engine or obligation should not establish an access online social networking service for right and it should be without prejudice to different related or similar services or to the ability of providers of software different types of end users; prices charged application stores to take the required or conditions imposed by the provider for responsibility in the fight against illegal the same service in different geographic and unwanted content as set out in regions; prices charged or conditions Regulation [Digital Services Act]. imposed by the provider of the software application store for the same service the gatekeeper offers to itself. Determining the fairness of general access conditions should allow for the revenue stream of digital content providers to be more transparent, notably in terms of revenues deriving from advertisement, and in terms of distribution of appropriate shares of revenues to the authors of works incorporated in press publications. This obligation should not establish an access right and it should be without prejudice to the ability of providers of software
AM\1237090EN.docx 23/105 PE696.323v01-00 EN application stores to take the required responsibility in the fight against illegal and unwanted content as set out in Regulation [Digital Services Act].
Or. en
Amendment 60 Nathalie Colin-Oesterlé, Geoffroy Didier
Proposal for a regulation Recital 57
Text proposed by the Commission Amendment
(57) In particular gatekeepers which (57) Core platform services provided by provide access to software application gatekeepers serve as an important gateway stores serve as an important gateway for for business users that seek to reach end business users that seek to reach end users. users. In view of the imbalance in In view of the imbalance in bargaining bargaining power between those power between those gatekeepers and gatekeepers and business users, those business users of their software gatekeepers should not be allowed to application stores, those gatekeepers impose general conditions, including should not be allowed to impose general pricing conditions, that would be unfair or conditions, including pricing conditions, lead to unjustified differentiation. Pricing that would be unfair or lead to unjustified or other general access conditions should differentiation. Pricing or other general be considered unfair if they lead to an access conditions should be considered imbalance of rights and obligations unfair if they lead to an imbalance of rights imposed on business users or confer an and obligations imposed on business users advantage on the gatekeeper which is or confer an advantage on the gatekeeper disproportionate to the service provided by which is disproportionate to the service the gatekeeper to business users or lead to provided by the gatekeeper to business a disadvantage for business users in users or lead to a disadvantage for business providing the same or similar services as users in providing the same or similar the gatekeeper. The following benchmarks services as the gatekeeper. The following can serve as a yardstick to determine the benchmarks can serve as a yardstick to fairness of general access conditions: determine the fairness of general access prices charged or conditions imposed for conditions: prices charged or conditions the same or similar services by another imposed for the same or similar services by provider of core platform services; prices other providers of software application charged or conditions imposed for different stores; prices charged or conditions related or similar services or to different imposed by the provider of the software types of end users; prices charged or application store for different related or conditions imposed by the provider of core similar services or to different types of end platform services for the same service in users; prices charged or conditions different geographic regions; prices imposed by the provider of the software charged or conditions imposed for the application store for the same service in same service the gatekeeper offers to itself.
PE696.323v01-00 24/105 AM\1237090EN.docx EN different geographic regions; prices This obligation should not establish an charged or conditions imposed by the access right and it should be without provider of the software application store prejudice to their ability to take the for the same service the gatekeeper offers required responsibility in the fight against to itself. This obligation should not illegal and unwanted content as set out in establish an access right and it should be Regulation [Digital Services Act]. without prejudice to the ability of providers of software application stores to take the required responsibility in the fight against illegal and unwanted content as set out in Regulation [Digital Services Act].
Or. fr
Amendment 61 Ondřej Kovařík
Proposal for a regulation Recital 57
Text proposed by the Commission Amendment
(57) In particular gatekeepers which (57) Gatekeepers which provide access provide access to software application to core platform services serve as an stores serve as an important gateway for important gateway for business users that business users that seek to reach end users. seek to reach end users. In view of the In view of the imbalance in bargaining imbalance in bargaining power between power between those gatekeepers and those gatekeepers and business users of business users of their software application their core platform services, those stores, those gatekeepers should not be gatekeepers should not be allowed to allowed to impose general conditions, impose general conditions, including including pricing conditions, that would be pricing conditions, that would be unfair or unfair or lead to unjustified differentiation. lead to unjustified differentiation. Pricing Pricing or other general access conditions or other general access conditions should should be considered unfair if they lead to be considered unfair if they lead to an an imbalance of rights and obligations imbalance of rights and obligations imposed on business users or confer an imposed on business users or confer an advantage on the gatekeeper which is advantage on the gatekeeper which is disproportionate to the service provided by disproportionate to the service provided by the gatekeeper to business users or lead to the gatekeeper to business users or lead to a disadvantage for business users in a disadvantage for business users in providing the same or similar services as providing the same or similar services as the gatekeeper. The following benchmarks the gatekeeper. The following benchmarks can serve as a yardstick to determine the can serve as a yardstick to determine the fairness of general access conditions: fairness of general access conditions: prices charged or conditions imposed for prices charged or conditions imposed for the same or similar services by other the same or similar services by other providers of software application stores; providers of core platform services; prices
AM\1237090EN.docx 25/105 PE696.323v01-00 EN prices charged or conditions imposed by charged or conditions imposed by the the provider of the software application provider of the software application store store for different related or similar for different related or similar services or services or to different types of end users; to different types of end users; prices prices charged or conditions imposed by charged or conditions imposed by the the provider of the software application provider of the core platform services for store for the same service in different the same service in different geographic geographic regions; prices charged or regions; prices charged or conditions conditions imposed by the provider of the imposed by the provider of the core software application store for the same platform services for the same service the service the gatekeeper offers to itself. This gatekeeper offers to itself. This obligation obligation should not establish an access should not establish an access right and it right and it should be without prejudice to should be without prejudice to the ability the ability of providers of software of providers of core platform services to application stores to take the required take the required responsibility in the fight responsibility in the fight against illegal against illegal and unwanted content as set and unwanted content as set out in out in Regulation [Digital Services Act]. Regulation [Digital Services Act].
Or. en
Amendment 62 Ondřej Kovařík
Proposal for a regulation Recital 58
Text proposed by the Commission Amendment
(58) To ensure the effectiveness of the (58) To ensure the effectiveness of the obligations laid down by this Regulation, obligations laid down by this Regulation, while also making certain that these while also making certain that these obligations are limited to what is necessary obligations are limited to what is necessary to ensure contestability and tackling the to ensure contestability and tackling the harmful effects of the unfair behaviour by harmful effects of the unfair behaviour by gatekeepers, it is important to clearly gatekeepers, it is important to clearly define and circumscribe them so as to define and circumscribe them so as to allow the gatekeeper to immediately allow the gatekeeper to immediately comply with them, in full respect of comply with them, in full respect of Regulation (EU) 2016/679 and Directive Regulation (EU) 2016/679 and Directive 2002/58/EC, consumer protection, cyber 2002/58/EC, consumer protection, cyber security and product safety. The security and product safety. The gatekeepers should ensure the compliance gatekeepers should ensure the compliance with this Regulation by design. The with this Regulation by design. The necessary measures should therefore be as necessary measures should therefore be as much as possible and where relevant much as possible and where relevant integrated into the technological design integrated into the technological design used by the gatekeepers. However, it may used by the gatekeepers. However, it may
PE696.323v01-00 26/105 AM\1237090EN.docx EN in certain cases be appropriate for the in certain cases be appropriate for the Commission, following a dialogue with the Commission, following a dialogue with the gatekeeper concerned, to further specify gatekeeper concerned, to further specify some of the measures that the gatekeeper some of the measures that the gatekeeper concerned should adopt in order to concerned should adopt in order to effectively comply with those obligations effectively comply with those obligations that are susceptible of being further that are susceptible of being further specified. This possibility of a regulatory specified. dialogue should facilitate compliance by gatekeepers and expedite the correct implementation of the Regulation.
Or. en
Amendment 63 Ondřej Kovařík
Proposal for a regulation Recital 60
Text proposed by the Commission Amendment
(60) In exceptional circumstances (60) In exceptional circumstances justified on the limited grounds of public justified on the limited grounds of public morality, public health or public security, morality, public health or public security, the Commission should be able to decide the Commission should be able to decide that the obligation concerned does not that the obligation concerned does not apply to a specific core platform service. apply to a specific core platform service. Affecting these public interests can Affecting these public interests can indicate that the cost to society as a whole indicate that the cost to society as a whole of enforcing a certain obligation would in a of enforcing a certain obligation would in a certain exceptional case be too high and certain exceptional case be too high and thus disproportionate. The regulatory thus disproportionate. The regulatory dialogue to facilitate compliance with dialogue to facilitate compliance with limited suspension and exemption limited suspension and exemption possibilities should ensure the possibilities should ensure the proportionality of the obligations in this proportionality of the obligations in this Regulation without undermining the Regulation without undermining the intended ex ante effects on fairness and intended ex ante effects on fairness and contestability. contestability. The participants, agenda and results of regulatory dialogue should be made public. The regulatory dialogue itself should not take longer than 6 months.
Or. en
AM\1237090EN.docx 27/105 PE696.323v01-00 EN Amendment 64 Anne-Sophie Pelletier
Proposal for a regulation Recital 60
Text proposed by the Commission Amendment
(60) In exceptional circumstances (60) In exceptional circumstances justified on the limited grounds of public justified on the limited grounds of public morality, public health or public security, health or public security, the Commission the Commission should be able to decide should be able to decide that the obligation that the obligation concerned does not concerned does not apply to a specific core apply to a specific core platform service. platform service. Affecting these public Affecting these public interests can interests can indicate that the cost to indicate that the cost to society as a whole society as a whole of enforcing a certain of enforcing a certain obligation would in a obligation would in a certain exceptional certain exceptional case be too high and case be too high and thus disproportionate. thus disproportionate. The regulatory The regulatory dialogue to facilitate dialogue to facilitate compliance with compliance with limited suspension and limited suspension and exemption exemption possibilities should ensure the possibilities should ensure the proportionality of the obligations in this proportionality of the obligations in this Regulation without undermining the Regulation without undermining the intended ex ante effects on fairness and intended ex ante effects on fairness and contestability. contestability.
Or. en
Amendment 65 Ondřej Kovařík
Proposal for a regulation Recital 65
Text proposed by the Commission Amendment
(65) The services and practices in core (65) The services and practices in core platform services and markets in which platform services and markets in which these intervene can change quickly and to a these intervene can change quickly and to a significant extent. To ensure that this significant extent. The Commission may Regulation remains up to date and soon need to assess whether new services constitutes an effective and holistic such as voice-enabled services, should be regulatory response to the problems posed added to the list of core platform services. by gatekeepers, it is important to provide To ensure that this Regulation remains up for a regular review of the lists of core to date and constitutes an effective and platform services as well as of the holistic regulatory response to the obligations provided for in this problems posed by gatekeepers, it is
PE696.323v01-00 28/105 AM\1237090EN.docx EN Regulation. This is particularly important important to provide for a regular review of to ensure that behaviour that may limit the lists of core platform services. While it the contestability of core platform services is important to conduct a review on a or is unfair is identified. While it is regular basis, given the dynamically important to conduct a review on a regular changing nature of the digital sector, in basis, given the dynamically changing order to ensure legal certainty as to the nature of the digital sector, in order to regulatory conditions, any reviews should ensure legal certainty as to the regulatory be conducted within a reasonable and conditions, any reviews should be appropriate time-frame. Market conducted within a reasonable and investigations should also ensure that the appropriate time-frame. Market Commission has a solid evidentiary basis investigations should also ensure that the on which it can assess whether it should Commission has a solid evidentiary basis propose to amend this Regulation in order on which it can assess whether it should to expand, or further detail, the lists of core propose to amend this Regulation in order platform services. They should equally to expand, or further detail, the lists of core ensure that the Commission has a solid platform services. They should equally evidentiary basis on which it can assess ensure that the Commission has a solid whether it should propose to amend the evidentiary basis on which it can assess obligations laid down in this Regulation or whether it should propose to amend the whether it should adopt a delegated act obligations laid down in this Regulation or updating such obligations. whether it should adopt a delegated act updating such obligations.
Or. en
Amendment 66 Gwendoline Delbos-Corfield
Proposal for a regulation Recital 79 – point 1
Text proposed by the Commission Amendment
This Regulation respects the fundamental This Regulation respects the fundamental rights and observes the principles rights and observes the principles recognised in particular by the Charter of recognised in particular by the Charter of Fundamental Rights of the European Fundamental Rights of the European Union, in particular Articles 16, 47 and 50 Union, in particular Articles 11, 16, 47 and thereof. Accordingly, this Regulation 50 thereof. Accordingly, this Regulation should be interpreted and applied with should be interpreted and applied with respect to those rights and principles respect to those rights and principles
Or. en
Amendment 67
AM\1237090EN.docx 29/105 PE696.323v01-00 EN Gwendoline Delbos-Corfield
Proposal for a regulation Recital 79 – point 1 – point 1 (new)
Text proposed by the Commission Amendment
1) The Commission shall take enforcement action for non-compliance with this Regulation in an appropriate timeframe within legally binding deadlines. Where it adopts a non- compliance decision, the Commission in shall be entitled to specify the measures the gatekeeper shall implement to ensure effective compliance with its obligations. This may include, in addition to a cease and desist order, any proportionate measures to restore the contestability of the market where this has been harmed by the gatekeeper’s non-compliance. The Commission shall, where appropriate, be entitled to require the measures to be tested, including A/B tested, to optimise their effectiveness. The Commission shall regularly review the measures adopted to ensure compliance by the gatekeeper with its obligations under Articles 5 and 6, and where it finds that they are not effective, the Commission shall be entitled to require amendment of these measures.
Or. en
Amendment 68 Ondřej Kovařík
Proposal for a regulation Article 1 – paragraph 1
Text proposed by the Commission Amendment
1. This Regulation lays down 1. The purpose of this Regulation is harmonised rules ensuring contestable and to contribute to the proper functioning fair markets in the digital sector across the of the internal market by laying down Union where gatekeepers are present. harmonised rules ensuring contestable and fair markets in the digital sector across the Union where gatekeepers are present.
PE696.323v01-00 30/105 AM\1237090EN.docx EN Or. en
Amendment 69 Gwendoline Delbos-Corfield
Proposal for a regulation Article 1 – paragraph 1 a (new)
Text proposed by the Commission Amendment
1 a. This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, in particular Articles 7, 8, 11 and 47 thereof. Accordingly, this Regulation is interpreted and applied with respect to those rights and principles.
Or. en
Amendment 70 Isabel Santos
Proposal for a regulation Article 1 – paragraph 4 a (new)
Text proposed by the Commission Amendment
4 a. This Regulation is without prejudice to Regulation (EU) 2016/679 and Directive 2002/58/EC, and does not particularise or amend them.
Or. en
Amendment 71 Beata Kempa, Jadwiga Wiśniewska, Patryk Jaki, Joachim Stanisław Brudziński
Proposal for a regulation Article 1 – paragraph 4 a (new)
Text proposed by the Commission Amendment
AM\1237090EN.docx 31/105 PE696.323v01-00 EN 4 a. This Regulation complements and is without prejudice to Regulation (EU) 2016/679 and Directive 2002/58/EC.
Or. en
Amendment 72 Gwendoline Delbos-Corfield
Proposal for a regulation Article 1 – paragraph 4 a (new)
Text proposed by the Commission Amendment
4 a. This Regulation is without prejudice to Regulation (EU) 2016/679 and Directive 2002/58/EC.
Or. en
Amendment 73 Anne-Sophie Pelletier
Proposal for a regulation Article 1 – paragraph 5
Text proposed by the Commission Amendment
5. Member States shall not impose on 5. Nothing in this Regulation gatekeepers further obligations by way of precludes Member States from imposing laws, regulations or administrative action obligations, which are compatible with for the purpose of ensuring contestable Union law, on undertakings, including and fair markets. This is without providers of core platform services where prejudice to rules pursuing other these obligations are unrelated to the legitimate public interests, in compliance relevant undertakings having a status of with Union law. In particular, nothing in gatekeeper within the meaning of this this Regulation precludes Member States Regulation in order to protect consumers or from imposing obligations, which are to fight against acts of unfair competition. compatible with Union law, on undertakings, including providers of core platform services where these obligations are unrelated to the relevant undertakings having a status of gatekeeper within the meaning of this Regulation in order to protect consumers or to fight against acts of unfair competition.
PE696.323v01-00 32/105 AM\1237090EN.docx EN Or. en
Amendment 74 Nathalie Colin-Oesterlé, Geoffroy Didier
Proposal for a regulation Article premier – paragraph 5
Text proposed by the Commission Amendment
5. Member States shall not impose on 5. Member States shall not impose on gatekeepers further obligations by way of gatekeepers further obligations by way of laws, regulations or administrative action laws, regulations or administrative action for the purpose of ensuring contestable and for the purpose of ensuring contestable and fair markets. This is without prejudice to fair markets. This is without prejudice to rules pursuing other legitimate public rules pursuing other legitimate public interests, in compliance with Union law. In interests, in compliance with Union law. In particular, nothing in this Regulation particular, nothing in this Regulation precludes Member States from imposing precludes Member States from imposing obligations, which are compatible with obligations, which pursue a legitimate Union law, on undertakings, including public interest, on undertakings, including providers of core platform services where providers of core platform services. these obligations are unrelated to the relevant undertakings having a status of gatekeeper within the meaning of this Regulation in order to protect consumers or to fight against acts of unfair competition.
Or. fr
Amendment 75 Ondřej Kovařík
Proposal for a regulation Article 1 – paragraph 5
Text proposed by the Commission Amendment
5. Member States shall not impose on 5. In order to avoid the gatekeepers further obligations by way of fragmentation of the internal market, laws, regulations or administrative action Member States shall not impose on for the purpose of ensuring contestable and gatekeepers further obligations by way of fair markets. This is without prejudice to laws, regulations or administrative action rules pursuing other legitimate public for the purpose of ensuring contestable and interests, in compliance with Union law. In fair markets. This is without prejudice to
AM\1237090EN.docx 33/105 PE696.323v01-00 EN particular, nothing in this Regulation rules pursuing other legitimate public precludes Member States from imposing interests, in compliance with Union law. In obligations, which are compatible with particular, nothing in this Regulation Union law, on undertakings, including precludes Member States from imposing providers of core platform services where obligations, which are compatible with these obligations are unrelated to the Union law, on undertakings, including relevant undertakings having a status of providers of core platform services where gatekeeper within the meaning of this these obligations are unrelated to the Regulation in order to protect consumers or relevant undertakings having a status of to fight against acts of unfair competition. gatekeeper within the meaning of this Regulation in order to protect consumers or to fight against acts of unfair competition.
Or. en
Amendment 76 Gwendoline Delbos-Corfield
Proposal for a regulation Article 1 – paragraph 6
Text proposed by the Commission Amendment
6. This Regulation is without 6. This Regulation is without prejudice to the application of Articles 101 prejudice to the application of Articles 101 and 102 TFEU. It is also without prejudice and 102 TFEU. It is also without prejudice to the application of: national rules to the application of: national rules prohibiting anticompetitive agreements, prohibiting anticompetitive agreements, decisions by associations of undertakings, decisions by associations of undertakings, concerted practices and abuses of dominant concerted practices and abuses of dominant positions; national competition rules positions; national competition rules prohibiting other forms of unilateral prohibiting other forms of unilateral conduct insofar as they are applied to conduct insofar as these rules are undertakings other than gatekeepers or unrelated to the relevant undertakings amount to imposing additional obligations having a status of gatekeeper within the on gatekeepers; Council Regulation (EC) meaning of this regulation; Council No 139/200438 and national rules Regulation (EC) No 139/200438 and concerning merger control; Regulation national rules concerning merger control; (EU) 2019/1150 and Regulation (EU) …./.. Regulation (EU) 2019/1150 and of the European Parliament and of the Regulation (EU) …./.. of the European Council39 . Parliament and of the Council39. ______38 Council Regulation (EC) No 139/2004 38 Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of of 20 January 2004 on the control of concentrations between undertakings (the concentrations between undertakings (the EC Merger Regulation) (OJ L 24, EC Merger Regulation) (OJ L 24, 29.1.2004, p. 1). 29.1.2004, p. 1).
PE696.323v01-00 34/105 AM\1237090EN.docx EN 39 Regulation (EU) …/.. of the European 39 Regulation (EU) …/.. of the European Parliament and of the Council – proposal Parliament and of the Council – proposal on a Single Market For Digital Services on a Single Market For Digital Services (Digital Services Act) and amending (Digital Services Act) and amending Directive 2000/31/EC. Directive 2000/31/EC.
Or. en
Amendment 77 Anne-Sophie Pelletier
Proposal for a regulation Article 1 – paragraph 7 a (new)
Text proposed by the Commission Amendment
7 a. This Regulation complements and is without prejudice to both Regulation (EU) 2016/679 and Directive 2002/58/EC. This Regulation does not particularise or replace any of the obligations of core platform services under Regulation (EU) 2016/679 and Directive 2002/58/EC.
Or. en
Amendment 78 Gwendoline Delbos-Corfield
Proposal for a regulation Article 2 – paragraph 1 – point 2 – point h
Text proposed by the Commission Amendment
(h) advertising services, including any (h) advertising services, including any advertising networks, advertising advertising networks, advertising exchanges and any other advertising exchanges and any other advertising intermediation services, provided by a intermediation services, provided by a provider of any of the core platform provider where the undertaking to which services listed in points (a) to (g); it belongs is also a provider of any of the core platform services listed in points (a) to (g);
Or. en
AM\1237090EN.docx 35/105 PE696.323v01-00 EN Amendment 79 Geoffroy Didier on behalf of the Committee on the Internal Market and Consumer Protection Nathalie Colin-Oesterlé
Proposal for a regulation Article 2 – paragraph 1 – point 2 – point h b (new)
Text proposed by the Commission Amendment
(hb) j) voice assistants.
Or. fr
Amendment 80 Gwendoline Delbos-Corfield
Proposal for a regulation Article 2 – paragraph 1 – point 2 – point h a (new)
Text proposed by the Commission Amendment
(h a) voice assistance
Or. en
Amendment 81 Ondřej Kovařík
Proposal for a regulation Article 2 – paragraph 1 – point 2 – point h a (new)
Text proposed by the Commission Amendment
(h a) web browsers
Or. en
Amendment 82 Geoffroy Didier on behalf of the Committee on the Internal Market and Consumer Protection Nathalie Colin-Oesterlé
Proposal for a regulation
PE696.323v01-00 36/105 AM\1237090EN.docx EN Article 2 – paragraph 1 – point 2 – point h a (new)
Text proposed by the Commission Amendment
(ha) i) web browsers.
Or. fr
Amendment 83 Gwendoline Delbos-Corfield
Proposal for a regulation Article 2 – paragraph 1 – point 2 a (new)
Text proposed by the Commission Amendment
(2 a) Non-commercial, not-for profit, collaborative projects, organised on a voluntary basis should not be considered as core services.
Or. en
Amendment 84 Fabienne Keller
Proposal for a regulation Article 2 – paragraph 1 – point 16 a (new)
Text proposed by the Commission Amendment
(16 a) 'Active user' means any natural or legal person using core platform services, and having saved personal data on the platform in the form of a profile or account of that user or in the similar form, on a long-term basis
Or. en
Amendment 85 Geoffroy Didier on behalf of the Committee on the Internal Market and Consumer Protection Nathalie Colin-Oesterlé
AM\1237090EN.docx 37/105 PE696.323v01-00 EN Proposal for a regulation Article 2 – paragraph 1 – point 23 a (new)
Text proposed by the Commission Amendment
23a) 'web browsers': software programs used by users of client PCs, mobile devices and other devices to access and interact with web content hosted on servers connected to networks such as the Internet.
Or. fr
Amendment 86 Gwendoline Delbos-Corfield
Proposal for a regulation Article 2 – paragraph 1 – point 23 a (new)
Text proposed by the Commission Amendment
(23 a) ‘Consent’ of the data subject means any freely given, specific, informed and unambiguous indication of the data subject's wishes as defined in point (11) of Article 4 of Regulation (EU) 2016/679.
Or. en
Amendment 87 Isabel Santos
Proposal for a regulation Article 2 – paragraph 1 – point 23 a (new)
Text proposed by the Commission Amendment
(23 a) ‘Consent’ means indication of the data subject's wishes as defined in point (11) of Article 4 of Regulation (EU) 2016/679.
Or. en
PE696.323v01-00 38/105 AM\1237090EN.docx EN Amendment 88 Beata Kempa, Jadwiga Wiśniewska, Patryk Jaki, Joachim Stanisław Brudziński
Proposal for a regulation Article 2 – paragraph 1 – point 23 a (new)
Text proposed by the Commission Amendment
(23 a) ‘Profiling’ means profiling as defined in Article 4(4) of Regulation (EU) 2016/679;
Or. en
Amendment 89 Geoffroy Didier on behalf of the Committee on the Internal Market and Consumer Protection Nathalie Colin-Oesterlé
Proposal for a regulation Article 2 – paragraph 1 – point 23 b (new)
Text proposed by the Commission Amendment
23b) 'voice assistants': a software application that is capable of oral dialogue with a user in natural language and which mediates between end users and business users offering voice-based apps.
Or. fr
Amendment 90 Isabel Santos
Proposal for a regulation Article 2 – paragraph 1 – point 23 b (new)
Text proposed by the Commission Amendment
(23 b) ‘Profiling’ means any form of automated processing of personal data, as defined in point (4) of Article 4 of
AM\1237090EN.docx 39/105 PE696.323v01-00 EN Regulation (EU) 2016/679;
Or. en
Amendment 91 Beata Kempa, Jadwiga Wiśniewska, Patryk Jaki, Joachim Stanisław Brudziński
Proposal for a regulation Article 2 – paragraph 1 – point 23 b (new)
Text proposed by the Commission Amendment
(23 b) ‘Consent’ of the data subject means consent as defined in Article 4(11) of Regulation (EU) 2016/679;
Or. en
Amendment 92 Isabel Santos
Proposal for a regulation Article 2 – paragraph 1 – point 23 c (new)
Text proposed by the Commission Amendment
(23 c) ‘Data portability’ means the right of a data subject to receive the personal data concerning them that they have provided to a controller, in a structured, commonly used and machine-readable format, and the right to transmit those data to another controller, as provided for by Article 20 of Regulation (EU) 2016/679.
Or. en
Amendment 93 Tom Vandendriessche
Proposal for a regulation Article 3 – paragraph 1
PE696.323v01-00 40/105 AM\1237090EN.docx EN Text proposed by the Commission Amendment
1. A provider of core platform deleted services shall be designated as gatekeeper if: (a) it has a significant impact on the internal market; (b) it operates a core platform service which serves as an important gateway for business users to reach end users; and (c) it enjoys an entrenched and durable position in its operations or it is foreseeable that it will enjoy such a position in the near future.
Or. en
Justification
Redundant, while vague and legally useless article
Amendment 94 Anne-Sophie Pelletier
Proposal for a regulation Article 3 – paragraph 1 – introductory part
Text proposed by the Commission Amendment
1. A provider of core platform 1. A provider of core platform services shall be designated as gatekeeper services shall be designated as gatekeeper if: if two of the following criteria apply:
Or. en
Amendment 95 Beata Kempa, Jadwiga Wiśniewska, Patryk Jaki, Joachim Stanisław Brudziński
Proposal for a regulation Article 3 – paragraph 1 – introductory part
Text proposed by the Commission Amendment
1. A provider of core platform 1. An undertaking shall be designated services shall be designated as gatekeeper as gatekeeper if:
AM\1237090EN.docx 41/105 PE696.323v01-00 EN if:
Or. en
Amendment 96 Gwendoline Delbos-Corfield
Proposal for a regulation Article 3 – paragraph 1 – point b
Text proposed by the Commission Amendment
(b) it operates a core platform service (b) it operates a core platform service which serves as an important gateway for which serves as an important gateway for business users to reach end users; and business users or end users to reach other business users or end users; and
Or. en
Amendment 97 Beata Kempa, Jadwiga Wiśniewska, Patryk Jaki, Joachim Stanisław Brudziński
Proposal for a regulation Article 3 – paragraph 1 – point b
Text proposed by the Commission Amendment
(b) it operates a core platform service (b) it provides a core platform service which serves as an important gateway for which serves as an important gateway for business users to reach end users; and business users to reach end users; and
Or. en
Amendment 98 Tom Vandendriessche
Proposal for a regulation Article 3 – paragraph 2 – introductory part
Text proposed by the Commission Amendment
2. A provider of core platform 2. A provider of core platform services shall be presumed to satisfy: services shall be designated as gatekeeper:
PE696.323v01-00 42/105 AM\1237090EN.docx EN Or. en
Justification
Article 2 specifies when definition of gatekeeper is applicable, therefore suffices.
Amendment 99 Beata Kempa, Jadwiga Wiśniewska, Patryk Jaki, Joachim Stanisław Brudziński
Proposal for a regulation Article 3 – paragraph 2 – introductory part
Text proposed by the Commission Amendment
2. A provider of core platform 2. An undertaking shall be presumed services shall be presumed to satisfy: to satisfy:
Or. en
Amendment 100 Tom Vandendriessche
Proposal for a regulation Article 3 – paragraph 2 – point a
Text proposed by the Commission Amendment
(a) the requirement in paragraph 1 (a) if the undertaking to which it point (a) where the undertaking to which it belongs achieves an annual EEA turnover belongs achieves an annual EEA turnover equal to or above EUR 6.5 billion in the equal to or above EUR 6.5 billion in the last three financial years, or where the last three financial years, or where the average market capitalisation or the average market capitalisation or the equivalent fair market value of the equivalent fair market value of the undertaking to which it belongs amounted undertaking to which it belongs amounted to at least EUR 65 billion in the last to at least EUR 65 billion in the last financial year, and it provides a core financial year, and it provides a core platform service in at least three Member platform service in at least three Member States; States;
Or. en
Amendment 101 Tom Vandendriessche
AM\1237090EN.docx 43/105 PE696.323v01-00 EN Proposal for a regulation Article 3 – paragraph 2 – point b – introductory part
Text proposed by the Commission Amendment
(b) the requirement in paragraph 1 (b) and if it provides for each of the point (b) where it provides a core platform last three financial years a core platform service that has more than 45 million service that has more than 45 million monthly active end users established or monthly active end users established or located in the Union and more than 10 000 located in the Union and more than 10 000 yearly active business users established in yearly active business users established in the Union in the last financial year; the Union in the last financial year;
Or. en
Amendment 102 Gwendoline Delbos-Corfield
Proposal for a regulation Article 3 – paragraph 2 – point b – paragraph 1
Text proposed by the Commission Amendment
for the purpose of the first subparagraph, for the purpose of the first subparagraph, monthly active end users shall refer to the monthly active end users shall refer to the average number of monthly active end average number of monthly active end users throughout the largest part of the last users throughout at least six (not financial year; necessarily consecutive) months of the last financial year;
Or. en
Amendment 103 Tom Vandendriessche
Proposal for a regulation Article 3 – paragraph 2 – point c
Text proposed by the Commission Amendment
(c) the requirement in paragraph 1 deleted point (c) where the thresholds in point (b) were met in each of the last three financial years.
Or. en
PE696.323v01-00 44/105 AM\1237090EN.docx EN Justification
The three-year threshold is included in amendment 4, thus improving the overall clarity of the drafted text.
Amendment 104 Tom Vandendriessche
Proposal for a regulation Article 3 – paragraph 6
Text proposed by the Commission Amendment
6. The Commission may identify as a deleted gatekeeper, in accordance with the procedure laid down in Article 15, any provider of core platform services that meets each of the requirements of paragraph 1, but does not satisfy each of the thresholds of paragraph 2, or has presented sufficiently substantiated arguments in accordance with paragraph 4. For that purpose, the Commission shall take into account the following elements: (a) the size, including turnover and market capitalisation, operations and position of the provider of core platform services; (b) the number of business users depending on the core platform service to reach end users and the number of end users; (c) entry barriers derived from network effects and data driven advantages, in particular in relation to the provider’s access to and collection of personal and non-personal data or analytics capabilities; (d) scale and scope effects the provider benefits from, including with regard to data; (e) business user or end user lock-in; (f) other structural market characteristics.
AM\1237090EN.docx 45/105 PE696.323v01-00 EN In conducting its assessment, the Commission shall take into account foreseeable developments of these elements. Where the provider of a core platform service that satisfies the quantitative thresholds of paragraph 2 fails to comply with the investigative measures ordered by the Commission in a significant manner and the failure persists after the provider has been invited to comply within a reasonable time-limit and to submit observations, the Commission shall be entitled to designate that provider as a gatekeeper. Where the provider of a core platform service that does not satisfy the quantitative thresholds of paragraph 2 fails to comply with the investigative measures ordered by the Commission in a significant manner and the failure persists after the provider has been invited to comply within a reasonable time-limit and to submit observations, the Commission shall be entitled to designate that provider as a gatekeeper based on facts available.
Or. en
Justification
Only quantifiable thresholds can be used as benchmarks. Everything else creates legal uncertainty and cause for endless and costly legal disputes.
Amendment 105 Tom Vandendriessche
Proposal for a regulation Article 3 – paragraph 6 – subparagraph 2
Text proposed by the Commission Amendment
In conducting its assessment, the deleted Commission shall take into account foreseeable developments of these elements.
PE696.323v01-00 46/105 AM\1237090EN.docx EN Or. en
Justification
Assessment can only be done on actual figures.
Amendment 106 Ondřej Kovařík
Proposal for a regulation Article 3 – paragraph 6 – subparagraph 3
Text proposed by the Commission Amendment
Where the provider of a core platform deleted service that satisfies the quantitative thresholds of paragraph 2 fails to comply with the investigative measures ordered by the Commission in a significant manner and the failure persists after the provider has been invited to comply within a reasonable time-limit and to submit observations, the Commission shall be entitled to designate that provider as a gatekeeper.
Or. en
Amendment 107 Tom Vandendriessche
Proposal for a regulation Article 3 – paragraph 6 – subparagraph 3
Text proposed by the Commission Amendment
Where the provider of a core platform Where the provider of a core platform service that satisfies the quantitative service that satisfies the quantitative thresholds of paragraph 2 fails to comply thresholds of paragraph 2 fails to comply with the investigative measures ordered by with the investigative measures ordered by the Commission in a significant manner the Commission in a significant manner and the failure persists after the provider and the failure persists after the provider has been invited to comply within a has been invited to comply within a six reasonable time-limit and to submit months time-limit and to submit observations, the Commission shall be observations, the Commission shall be entitled to designate that provider as a entitled to designate that provider as a
AM\1237090EN.docx 47/105 PE696.323v01-00 EN gatekeeper. gatekeeper.
Or. en
Justification
'Reasonable' does not determine a clear and undisputable time-limit.
Amendment 108 Ondřej Kovařík
Proposal for a regulation Article 3 – paragraph 6 – subparagraph 4
Text proposed by the Commission Amendment
Where the provider of a core platform deleted service that does not satisfy the quantitative thresholds of paragraph 2 fails to comply with the investigative measures ordered by the Commission in a significant manner and the failure persists after the provider has been invited to comply within a reasonable time-limit and to submit observations, the Commission shall be entitled to designate that provider as a gatekeeper based on facts available.
Or. en
Amendment 109 Ondřej Kovařík
Proposal for a regulation Article 3 – paragraph 8
Text proposed by the Commission Amendment
8. The gatekeeper shall comply with 8. The gatekeeper shall comply with the obligations laid down in Articles 5 and the obligations laid down in Articles 5 and 6 within six months after a core platform 6 within four months after a core platform service has been included in the list service has been included in the list pursuant to paragraph 7 of this Article. pursuant to paragraph 7 of this Article.
Or. en
PE696.323v01-00 48/105 AM\1237090EN.docx EN Amendment 110 Beata Kempa, Jadwiga Wiśniewska, Patryk Jaki, Joachim Stanisław Brudziński
Proposal for a regulation Article 4 – paragraph 2 – introductory part
Text proposed by the Commission Amendment
2. The Commission shall regularly, 2. The Commission shall regularly, and at least every 2 years, review whether and at least every 2 years, review whether the designated gatekeepers continue to the designated gatekeepers continue to satisfy the requirements laid down in satisfy the requirements laid down in Article 3(1), or whether new providers of Article 3(1), or whether new providers of core platform services satisfy those core platform services satisfy those requirements. The regular review shall also requirements. The regular review shall also examine whether the list of affected core examine whether the list of core platform platform services of the gatekeeper needs services of the gatekeeper which to be adjusted. individually serve as an important gateway for business users to reach end users as referred to in Article 3(1)(b) needs to be adjusted.
Or. en
Amendment 111 Beata Kempa, Jadwiga Wiśniewska, Patryk Jaki, Joachim Stanisław Brudziński
Proposal for a regulation Article 4 – paragraph 2 – subparagraph 1
Text proposed by the Commission Amendment
Where the Commission, on the basis of Where the Commission, on the basis of the that review pursuant to the first review pursuant to the first subparagraph, subparagraph, finds that the facts on which finds that the facts on which the the designation of the providers of core designation of the undertaking providing platform services as gatekeepers was core platform services as gatekeepers was based, have changed, it shall adopt a based, have changed, it shall adopt a corresponding decision. decision in accordance with the advisory procedure referred to in Article 37a(2), confirming, amending or repealing its previous decision designating the undertaking providing core platforms services as a gatekeeper.
Or. en
AM\1237090EN.docx 49/105 PE696.323v01-00 EN Amendment 112 Nicola Procaccini
Proposal for a regulation Article 5 – paragraph 1 – point a
Text proposed by the Commission Amendment
(a) refrain from combining personal (a) refrain from combining personal data sourced from these core platform data sourced from these core platform services with personal data from any other services with personal data from any other services offered by the gatekeeper or with services offered by the gatekeeper or with personal data from third-party services, and personal data from third-party services, and from signing in end users to other services from signing in end users to other services of the gatekeeper in order to combine of the gatekeeper in order to combine personal data, unless the end user has been personal data, unless the end user has been presented with the specific choice and presented with the specific choice and provided consent in the sense of provided consent in the sense of Regulation (EU) 2016/679. ; Regulation (EU) 2016/679, and provided that resulting data is made available by the gatekeeper to third parties that provide competing advertising services, and no data advantage would be conferred upon the gatekeeper’s own core platform services as a result.
Or. en
Amendment 113 Anne-Sophie Pelletier
Proposal for a regulation Article 5 – paragraph 1 – point a
Text proposed by the Commission Amendment
(a) refrain from combining personal (a) refrain from combining personal data sourced from these core platform data sourced from these core platform services with personal data from any other services with personal data from any other services offered by the gatekeeper or with services offered by the gatekeeper or with personal data from third-party services, and personal data from third-party services, and from signing in end users to other services from signing in end users to other services of the gatekeeper in order to combine of the gatekeeper in order to combine personal data, unless the end user has been personal data, unless the end user has been presented with the specific choice and presented with the specific choice and provided consent in the sense of provided consent in accordance with
PE696.323v01-00 50/105 AM\1237090EN.docx EN Regulation (EU) 2016/679. ; Regulation (EU) 2016/679. The specific choice shall not attempt to subvert or impair consumers’ autonomy, decision- making, or choice via the structure, function or manner of operation of their online interface or any part thereof ;
Or. en
Amendment 114 Beata Kempa, Jadwiga Wiśniewska, Patryk Jaki, Joachim Stanisław Brudziński
Proposal for a regulation Article 5 – paragraph 1 – point a
Text proposed by the Commission Amendment
(a) refrain from combining personal (a) refrain from combining personal data sourced from these core platform data sourced from any of its core platform services with personal data from any other services with personal data from any other services offered by the gatekeeper or with core platform service or other services personal data from third-party services, and offered by the gatekeeper or with personal from signing in end users to other services data from third-party services, and from of the gatekeeper in order to combine signing in end users to other services of the personal data, unless the end user has been gatekeeper in order to combine personal presented with the specific choice and data, unless the end user has been provided consent in the sense of presented with the specific choice and Regulation (EU) 2016/679. ; provided consent in the sense of Article 6(1)(a) of Regulation (EU) 2016/679. The gatekeeper may rely on the legal basis included under Article 6(1)(c), (d) and(e) of Regulation (EU) 2016/679, where applicable;
Or. en
Amendment 115 Nathalie Colin-Oesterlé, Geoffroy Didier
Proposal for a regulation Article 5 – paragraph 1 – point a
Text proposed by the Commission Amendment
(a) refrain from combining personal (a) refrain from combining personal data sourced from these core platform data sourced from these core platform
AM\1237090EN.docx 51/105 PE696.323v01-00 EN services with personal data from any other services with personal data from any other services offered by the gatekeeper or with services offered by the gatekeeper or with personal data from third-party services, and personal data from third-party services, and from signing in end users to other services from signing in end users to other services of the gatekeeper in order to combine of the gatekeeper in order to combine personal data, unless the end user has personal data, except when disclosing data been presented with the specific choice to third parties commissioned by one or and provided consent in the sense of more professional users to perform Regulation (EU) 2016/679. ; independent traffic analytics with a view to ensuring market share transparency and safeguarding the general and/or public interests;
Or. fr
Amendment 116 Gwendoline Delbos-Corfield
Proposal for a regulation Article 5 – paragraph 1 – point a
Text proposed by the Commission Amendment
(a) refrain from combining personal (a) refrain from combining personal data sourced from these core platform data sourced from these core platform services with personal data from any other services with personal data from any other services offered by the gatekeeper or with services offered by the gatekeeper or with personal data from third-party services, and personal data from third-party services, and from signing in end users to other services from signing in business users or end users of the gatekeeper in order to combine to other services of the gatekeeper in order personal data, unless the end user has been to combine personal data, unless the end presented with the specific choice and user has been presented with the specific provided consent in the sense of choice and provided consent in the sense of Regulation (EU) 2016/679. ; Regulation (EU) 2016/679;
Or. en
Amendment 117 Isabel Santos
Proposal for a regulation Article 5 – paragraph 1 – point a
Text proposed by the Commission Amendment
(a) refrain from combining personal (a) refrain from combining personal
PE696.323v01-00 52/105 AM\1237090EN.docx EN data sourced from these core platform data sourced from these core platform services with personal data from any other services with personal data from any other services offered by the gatekeeper or with services offered by the gatekeeper or with personal data from third-party services, and personal data from third-party services, and from signing in end users to other services from signing in end users to other services of the gatekeeper in order to combine of the gatekeeper in order to combine personal data, unless the end user has been personal data, unless the end user has been presented with the specific choice and presented, in a user-friendly and clear provided consent in the sense of manner, with the specific choice, and they Regulation (EU) 2016/679. ; have provided their consent. ;
Or. en
Amendment 118 Anne-Sophie Pelletier
Proposal for a regulation Article 5 – paragraph 1 – point a a (new)
Text proposed by the Commission Amendment
(a a) provide end-users with an easy and promptly accessible method for the management of consent in the sense of Regulation (EU) 2016/679. Such method shall implement in particular the requirement of privacy by design and privacy by default in accordance with Article 25 of Regulation (EU) 2016/679;
Or. en
Amendment 119 Nathalie Colin-Oesterlé, Geoffroy Didier
Proposal for a regulation Article 5 – paragraph 1 – point d
Text proposed by the Commission Amendment
(d) refrain from preventing or (d) refrain from directly or indirectly restricting business users from raising preventing or restricting business and end issues with any relevant public authority users from raising issues with any relevant relating to any practice of gatekeepers; public authority relating to any practice of gatekeepers, including by means of the reporting mechanism for professional and
AM\1237090EN.docx 53/105 PE696.323v01-00 EN end users pursuant to Article 18a;
Or. fr
Amendment 120 Gwendoline Delbos-Corfield
Proposal for a regulation Article 5 – paragraph 1 – point d
Text proposed by the Commission Amendment
(d) refrain from preventing or (d) refrain from directly or indirectly restricting business users from raising preventing or restricting business users issues with any relevant public authority from raising issues with any relevant relating to any practice of gatekeepers; public authority, including judicial authority, relating to any practice of gatekeepers;
Or. en
Amendment 121 Beata Kempa, Jadwiga Wiśniewska, Joachim Stanisław Brudziński, Patryk Jaki
Proposal for a regulation Article 5 – paragraph 1 – point d
Text proposed by the Commission Amendment
(d) refrain from preventing or (d) refrain from preventing or restricting business users from raising restricting business users from raising issues with any relevant public authority issues with any relevant public authority, relating to any practice of gatekeepers; including national courts relating to any practice of gatekeepers;
Or. en
Amendment 122 Anne-Sophie Pelletier
Proposal for a regulation Article 5 – paragraph 1 – point d
PE696.323v01-00 54/105 AM\1237090EN.docx EN Text proposed by the Commission Amendment
(d) refrain from preventing or (d) refrain from preventing or restricting business users from raising restricting business users or end users issues with any relevant public authority from raising issues with any relevant relating to any practice of gatekeepers; public authority relating to any practice of gatekeepers;
Or. en
Amendment 123 Beata Kempa, Jadwiga Wiśniewska, Patryk Jaki, Joachim Stanisław Brudziński
Proposal for a regulation Article 5 – paragraph 1 – point e
Text proposed by the Commission Amendment
(e) refrain from requiring business (e) refrain from requiring business users to use, offer or interoperate with an users or end users to use, and in the case identification service of the gatekeeper in of business users, also to offer or the context of services offered by the interoperate with, an identification service business users using the core platform of the gatekeeper in the context of services services of that gatekeeper; offered by the business users using the core platform services of that gatekeeper;
Or. en
Amendment 124 Anne-Sophie Pelletier
Proposal for a regulation Article 5 – paragraph 1 – point e
Text proposed by the Commission Amendment
(e) refrain from requiring business (e) refrain from requiring business users to use, offer or interoperate with an users or end users to use, offer or identification service of the gatekeeper in interoperate with an identification or the context of services offered by the payment service of the gatekeeper in the business users using the core platform context of services offered by the business services of that gatekeeper; users using the core platform services of that gatekeeper;
Or. en
AM\1237090EN.docx 55/105 PE696.323v01-00 EN Amendment 125 Isabel Santos
Proposal for a regulation Article 5 – paragraph 1 – point e
Text proposed by the Commission Amendment
(e) refrain from requiring business (e) refrain from requiring end-users or users to use, offer or interoperate with an business users to use, offer or interoperate identification service of the gatekeeper in with an identification service of the the context of services offered by the gatekeeper in the context of services business users using the core platform offered by the business users using the core services of that gatekeeper; platform services of that gatekeeper;
Or. en
Amendment 126 Nicola Procaccini
Proposal for a regulation Article 5 – paragraph 1 – point f
Text proposed by the Commission Amendment
(f) refrain from requiring business (f) refrain from requiring business users or end users to subscribe to or users or end users to use any other register with any other core platform gatekeeper product or service as a services identified pursuant to Article 3 or condition to using any of their core which meets the thresholds in Article platform services identified pursuant to 3(2)(b) as a condition to access, sign up or Article 3; register to any of their core platform services identified pursuant to that Article;
Or. en
Amendment 127 Anne-Sophie Pelletier
Proposal for a regulation Article 5 – paragraph 1 – point f
Text proposed by the Commission Amendment
(f) refrain from requiring business (f) refrain from requiring business
PE696.323v01-00 56/105 AM\1237090EN.docx EN users or end users to subscribe to or users or end users to subscribe to or register with any other core platform register with any other core platform services identified pursuant to Article 3 or services identified pursuant to Article 3 or which meets the thresholds in Article which meets the thresholds in Article 3(2)(b) as a condition to access, sign up or 3(2)(b), or with any ancillary services as a register to any of their core platform condition to access, sign up or register to services identified pursuant to that Article; any of their core platform services identified pursuant to that Article;
Or. en
Amendment 128 Nicola Procaccini
Proposal for a regulation Article 5 – paragraph 1 – point g
Text proposed by the Commission Amendment
(g) provide advertisers and publishers (g) Provide advertisers and publishers to which it supplies advertising services, to which it supplies advertising services, upon their request, with information with free of charge, high-quality, concerning the price paid by the advertiser granular, effective, continuous and real- and publisher, as well as the amount or time access, equivalent to that conferred remuneration paid to the publisher, for the upon the gatekeeper itself, to information publishing of a given ad and for each of the on the visibility and availability of relevant advertising services provided by advertisement portfolio as well as pricing the gatekeeper. conditions concerning the bids placed by advertisers and advertising intermediaries, the price paid by the advertiser and publisher, as well as the amount and remuneration paid to the publisher, for the publishing of a given ad and for each of the relevant advertising services provided by the gatekeeper, and on a basis that enables a clear understanding of the cost of the services provided and comparison against the cost of third-party services.
Or. en
Amendment 129 Gwendoline Delbos-Corfield
Proposal for a regulation
AM\1237090EN.docx 57/105 PE696.323v01-00 EN Article 5 – paragraph 1 – point g
Text proposed by the Commission Amendment
(g) provide advertisers and publishers (g) provide advertisers and publishers to which it supplies advertising services, to which it supplies advertising services, upon their request, with information upon their request, with information concerning the price paid by the advertiser concerning the price paid by the advertiser and publisher, as well as the amount or and publisher, as well as the amount or remuneration paid to the publisher, for the remuneration paid to the publisher, for the publishing of a given ad and for each of the publishing of a given ad and for each of the relevant advertising services provided by relevant advertising services provided by the gatekeeper. the gatekeeper, and refrain from collecting or processing personal data as defined by Regulation (EU) 2016/679 for the purpose of targeting the end users to whom advertisements are displayed;
Or. en
Amendment 130 Gwendoline Delbos-Corfield
Proposal for a regulation Article 5 – paragraph 1 – point g a (new)
Text proposed by the Commission Amendment
(g a) allow end users, and business users of number independent interpersonal communication services and social networking services to access and interoperate with the main functionalities of the gatekeepers’ services for the purpose of enabling cross-platform exchange of information by providing open standards, and open protocols including Application Programming Interfaces;
Or. en
Amendment 131 Nathalie Colin-Oesterlé, Geoffroy Didier
Proposal for a regulation
PE696.323v01-00 58/105 AM\1237090EN.docx EN Article 5 – paragraph 1 – point g a (new)
Text proposed by the Commission Amendment
(ga) refrain from communicating, or using for its own purposes, sensitive information obtained in the context of an advertising service, or from using it for any purpose other than the performance of the concluded service agreement, unless the gatekeeper and its client have agreed otherwise.
Or. fr
Amendment 132 Anne-Sophie Pelletier
Proposal for a regulation Article 5 – paragraph 1 – point g a (new)
Text proposed by the Commission Amendment
(g a) not avail themselves of consent by way of derogation from Regulation (EU) 2016/679, as a legal ground for processing of personal data in order to target natural persons for purposes of digital advertising.
Or. en
Amendment 133 Nathalie Colin-Oesterlé, Geoffroy Didier
Proposal for a regulation Article 6 – paragraph 1 – point a
Text proposed by the Commission Amendment
(a) refrain from using, in competition (a) refrain from using, in competition with business users, any data not publicly with business users, any data not publicly available, which is generated through available, which is generated through activities by those business users, including activities by those business users, including by the end users of these business users, of by the end users of these business users, of its core platform services or provided by its core platform services or ancillary
AM\1237090EN.docx 59/105 PE696.323v01-00 EN those business users of its core platform services or provided by those business services or by the end users of these users of its core platform services or by the business users; end users of these business users via the core platform services or ancillary services;
Or. fr
Amendment 134 Gwendoline Delbos-Corfield
Proposal for a regulation Article 6 – paragraph 1 – point a
Text proposed by the Commission Amendment
(a) refrain from using, in competition (a) refrain from using, in competition with business users, any data not publicly with business users, any data not publicly available, which is generated through available, which is generated through activities by those business users, including activities by those business users, including by the end users of these business users, of by the end users of these business users its core platform services or provided by and end users, of its core platform services those business users of its core platform or provided by those business users of its services or by the end users of these core platform services or by the end users business users; of these business users;
Or. en
Amendment 135 Nathalie Colin-Oesterlé, Geoffroy Didier
Proposal for a regulation Article 6 – paragraph 1 – point b
Text proposed by the Commission Amendment
(b) allow end users to un-install any (b) inform end users upon first use of pre-installed software applications on its any pre-installed software applications on core platform service without prejudice to its core platform service and of the option the possibility for a gatekeeper to restrict to un-install them, without prejudice to the such un-installation in relation to software possibility for a gatekeeper to restrict such applications that are essential for the un-installation in relation to software functioning of the operating system or of applications that are essential for the the device and which cannot technically be functioning of the operating system or of offered on a standalone basis by third- the device and which cannot technically be parties; offered on a standalone basis by third-
PE696.323v01-00 60/105 AM\1237090EN.docx EN parties;
Or. fr
Amendment 136 Anne-Sophie Pelletier
Proposal for a regulation Article 6 – paragraph 1 – point b
Text proposed by the Commission Amendment
(b) allow end users to un-install any (b) allow end users and device pre-installed software applications on its manufacturers to un-install any pre- core platform service without prejudice to installed software applications on its core the possibility for a gatekeeper to restrict platform service without prejudice to the such un-installation in relation to software possibility for a gatekeeper to restrict such applications that are essential for the un-installation in relation to software functioning of the operating system or of applications that are essential for the the device and which cannot technically be functioning of the operating system or of offered on a standalone basis by third- the device and which cannot technically be parties; offered on a standalone basis by third- parties;
Or. en
Amendment 137 Gwendoline Delbos-Corfield
Proposal for a regulation Article 6 – paragraph 1 – point c
Text proposed by the Commission Amendment
(c) allow the installation and effective (c) allow the installation, effective use, use of third party software applications or setting as the default, and interoperability software application stores using, or of third party software applications or interoperating with, operating systems of software application stores using, or that gatekeeper and allow these software interoperating with, operating systems of applications or software application stores that gatekeeper and allow these software to be accessed by means other than the applications or software application stores core platform services of that gatekeeper. or repositories to be accessed by means The gatekeeper shall not be prevented from other than the core platform services of that taking proportionate measures to ensure gatekeeper. The gatekeeper shall not be that third party software applications or prevented from taking proportionate software application stores do not endanger measures to ensure that third party
AM\1237090EN.docx 61/105 PE696.323v01-00 EN the integrity of the hardware or operating software applications or software system provided by the gatekeeper; application stores do not endanger the integrity of the hardware or operating system provided by the gatekeeper;
Or. en
Amendment 138 Gwendoline Delbos-Corfield
Proposal for a regulation Article 6 – paragraph 1 – point d
Text proposed by the Commission Amendment
(d) refrain from treating more (d) refrain from embedding or treating favourably in ranking services and more favourably in ranking services and products offered by the gatekeeper itself or products offered by the gatekeeper itself or by any third party belonging to the same by any third party belonging to the same undertaking compared to similar services undertaking compared to similar services or products of third party and apply fair or products of third party and apply fair and non-discriminatory conditions to such and non-discriminatory conditions to such ranking; ranking; the gatekeeper shall also refrain from favouring additional services or products offered by the gatekeeper or by a third party belonging to the same undertaking compared to similar services or products of third party, or from discriminating third parties in any way with unequal treatment on core platform services of the gatekeeper to similar services offered by the gatekeeper or a third party belonging to the same undertaking;
Or. en
Amendment 139 Nathalie Colin-Oesterlé, Geoffroy Didier
Proposal for a regulation Article 6 – paragraph 1 – point d
Text proposed by the Commission Amendment
(d) refrain from treating more (d) refrain from treating more
PE696.323v01-00 62/105 AM\1237090EN.docx EN favourably in ranking services and favourably or differently in terms of products offered by the gatekeeper itself or ranking, access or terms of service, or by any third party belonging to the same technical features and interfaces, services undertaking compared to similar services and products offered by the gatekeeper or products of third party and apply fair itself or by any third party belonging to the and non-discriminatory conditions to such same undertaking compared to similar ranking; services or products of any other party and apply fair and non-discriminatory conditions in terms of ranking, access or terms of service, and technical features and interfaces;
Or. fr
Amendment 140 Beata Kempa, Jadwiga Wiśniewska, Patryk Jaki, Joachim Stanisław Brudziński
Proposal for a regulation Article 6 – paragraph 1 – point d
Text proposed by the Commission Amendment
(d) refrain from treating more (d) refrain from treating more favourably in ranking services and favourably in ranking services and products offered by the gatekeeper itself or products offered by the gatekeeper itself by any third party belonging to the same compared to similar services or products of undertaking compared to similar services third party and apply fair and non- or products of third party and apply fair discriminatory conditions to such ranking; and non-discriminatory conditions to such ranking;
Or. en
Amendment 141 Nathalie Colin-Oesterlé, Geoffroy Didier
Proposal for a regulation Article 6 – paragraph 1 – point d a (new)
Text proposed by the Commission Amendment
(da) have its online search engine, online social networking or intermediation service display its own advertisements or services following an end user query only if the search results
AM\1237090EN.docx 63/105 PE696.323v01-00 EN are relevant, and inform the end user, by means of an explicit and easily identifiable statement to that effect, that the search result relates to an advertisement or service belonging to the gatekeeper itself;
Or. fr
Amendment 142 Nathalie Colin-Oesterlé, Geoffroy Didier
Proposal for a regulation Article 6 – paragraph 1 – point e
Text proposed by the Commission Amendment
(e) refrain from technically restricting (e) refrain from technically restricting the ability of end users to switch between the ability of end users to switch between and subscribe to different software and subscribe to different content or applications and services to be accessed services to be accessed using the core using the operating system of the platform service of the gatekeeper, gatekeeper, including as regards the choice including as regards the choice of Internet of Internet access provider for end users; access provider for end users, or the use of a vocal assistant;
Or. fr
Amendment 143 Anne-Sophie Pelletier
Proposal for a regulation Article 6 – paragraph 1 – point e
Text proposed by the Commission Amendment
(e) refrain from technically restricting (e) refrain from restricting or limiting the ability of end users to switch between the ability of end users to switch between and subscribe to different software and subscribe to different software applications and services to be accessed applications and services to be accessed using the operating system of the using the operating system of the gatekeeper, including as regards the choice gatekeeper, including as regards the choice of Internet access provider for end users; of Internet access provider for end users;
Or. en
PE696.323v01-00 64/105 AM\1237090EN.docx EN Amendment 144 Gwendoline Delbos-Corfield
Proposal for a regulation Article 6 – paragraph 1 – point f
Text proposed by the Commission Amendment
(f) allow business users and providers (f) allow business users, end users and of ancillary services access to and providers of ancillary services access to interoperability with the same operating and interoperability with the same system, hardware or software features that operating system, hardware or software are available or used in the provision by features that are available or used in the the gatekeeper of any ancillary services; provision by the gatekeeper of any core platform or ancillary services; provide the information to allow third-party operating systems, software applications or ancillary services to interoperate with the gatekeeper's core platform services by making the core platform service's features and functionality available to the fullest extent as technically supported by the core platform service, for use with the third-party software application or service;
Or. en
Amendment 145 Beata Kempa, Jadwiga Wiśniewska, Patryk Jaki, Joachim Stanisław Brudziński
Proposal for a regulation Article 6 – paragraph 1 – point f
Text proposed by the Commission Amendment
(f) allow business users and providers (f) allow business users and providers of ancillary services access to and of ancillary services access to and interoperability with the same operating interoperability with the same operating system, hardware or software features that system, hardware or software features that are available or used in the provision by are available or used in the provision by the gatekeeper of any ancillary services; the gatekeeper of any ancillary services. The gatekeeper shall not be prevented from taking necessary and proportionate measures to ensure that third party ancillary services do not endanger the
AM\1237090EN.docx 65/105 PE696.323v01-00 EN integrity of the operating system, hardware or software features provided by the gatekeeper, provided that such proportionate measures are duly justified by the gatekeeper;
Or. en
Amendment 146 Anne-Sophie Pelletier
Proposal for a regulation Article 6 – paragraph 1 – point f
Text proposed by the Commission Amendment
(f) allow business users and providers (f) allow business users and providers of ancillary services access to and of core and ancillary services access to and interoperability with the same operating interoperability with the same operating system, hardware or software features that system, hardware or software features that are available or used in the provision by are available or used in the provision by the gatekeeper of any ancillary services; the gatekeeper of any services;
Or. en
Amendment 147 Nicola Procaccini
Proposal for a regulation Article 6 – paragraph 1 – point g
Text proposed by the Commission Amendment
(g) provide advertisers and publishers, (g) Provide advertisers and publishers, upon their request and free of charge, with and/or their designated third-party access to the performance measuring tools advertising technology vendors, upon their of the gatekeeper and the information request and free of charge, with access to necessary for advertisers and publishers to the same granular data accessible to the carry out their own independent gatekeeper, for the measurement and verification of the ad inventory; verification of advertising, in a format that is reconcilable with equivalent data from other sources, to enable advertisers, publishers and/or their third-party advertising technology vendors to carry out their own independent measurement and verification of the ad inventory.
PE696.323v01-00 66/105 AM\1237090EN.docx EN Or. en
Amendment 148 Gwendoline Delbos-Corfield
Proposal for a regulation Article 6 – paragraph 1 – point g
Text proposed by the Commission Amendment
(g) provide advertisers and publishers, (g) provide advertisers and publishers, upon their request and free of charge, with upon their request and free of charge, with access to the performance measuring tools access to the performance measuring tools of the gatekeeper and the information of the gatekeeper for the purpose of necessary for advertisers and publishers to targeted digital advertising based on carry out their own independent contextual information and the verification of the ad inventory; information necessary for advertisers and publishers to carry out their own independent verification of the ad inventory;
Or. en
Amendment 149 Nathalie Colin-Oesterlé, Geoffroy Didier
Proposal for a regulation Article 6 – paragraph 1 – point g
Text proposed by the Commission Amendment
(g) provide advertisers and publishers, (g) provide advertisers and publishers, upon their request and free of charge, with or third parties authorised by the access to the performance measuring tools advertisers and publishers, upon their of the gatekeeper and the information request and free of charge, with access to necessary for advertisers and publishers to the performance measuring tools of the carry out their own independent gatekeeper and the information necessary verification of the ad inventory; for advertisers and publishers to carry out their own independent verification of the ad inventory;
Or. fr
Amendment 150
AM\1237090EN.docx 67/105 PE696.323v01-00 EN Nicola Procaccini
Proposal for a regulation Article 6 – paragraph 1 – point h
Text proposed by the Commission Amendment
(h) provide effective portability of data (h) Provide end users or third parties generated through the activity of a authorised by an end user, free of charge, business user or end user and shall, in with effective portability and particular, provide tools for end users to interoperability of data provided by the facilitate the exercise of data portability, in end user or generated through his or her line with Regulation EU 2016/679, activity in the context of their use on the including by the provision of continuous relevant core platform service, including and real-time access ; by providing tools for business users and end users to facilitate the effective exercise of such data portability and interoperability, in line with Regulation EU 2016/679, including by the provision of continuous and real time access, while ensuring no data advantage is conferred upon the gatekeeper’s own core platform services as a result, including where necessary by placing restrictions on its own access to such data.”
Or. en
Amendment 151 Anne-Sophie Pelletier
Proposal for a regulation Article 6 – paragraph 1 – point h
Text proposed by the Commission Amendment
(h) provide effective portability of data (h) provide effective portability of data generated through the activity of a business generated through the activity of a business user or end user and shall, in particular, user or end user and shall, in particular, provide tools for end users to facilitate the provide tools for end users to facilitate the exercise of data portability, in line with effective exercise of the personal data Regulation EU 2016/679, including by the relating to her or him, including personal provision of continuous and real-time data generated through her or his activity access ; as end-user of platform services in accordance with Article 20 of Regulation 2016/679, including by the provision of continuous and real-time access ;
PE696.323v01-00 68/105 AM\1237090EN.docx EN Or. en
Amendment 152 Gwendoline Delbos-Corfield
Proposal for a regulation Article 6 – paragraph 1 – point h
Text proposed by the Commission Amendment
(h) provide effective portability of data (h) provide effective portability of data generated through the activity of a business generated through the activity of a business user or end user and shall, in particular, user or end user and shall, in particular, provide tools for end users to facilitate the provide tools for end users to facilitate exercise of data portability, in line with effective portability of personal data Regulation EU 2016/679, including by the generated through his or her activity as provision of continuous and real-time end-user of platform services, in access ; accordance with Article 20 of Regulation EU 2016/679, including by the provision of continuous and real-time access;
Or. en
Amendment 153 Nathalie Colin-Oesterlé, Geoffroy Didier
Proposal for a regulation Article 6 – paragraph 1 – point h
Text proposed by the Commission Amendment
(h) provide effective portability of data (h) provide effective portability of data generated through the activity of a business provided or generated through the activity user or end user and shall, in particular, of a business user or end user and shall, in provide tools for end users to facilitate the particular, provide tools, free of charge, to exercise of data portability, in line with business users and end users to facilitate Regulation EU 2016/679, including by the the exercise of data portability, in line with provision of continuous and real-time Regulation EU 2016/679, including by the access ; provision of continuous and real-time access;
Or. fr
Amendment 154
AM\1237090EN.docx 69/105 PE696.323v01-00 EN Isabel Santos
Proposal for a regulation Article 6 – paragraph 1 – point h
Text proposed by the Commission Amendment
(h) provide effective portability of data (h) provide effective portability of data generated through the activity of a business generated through the activity of a business user or end user and shall, in particular, user or end user and shall, in particular, provide tools for end users to facilitate the provide tools for end users to facilitate the exercise of data portability, in line with exercise of such data portability, including Regulation EU 2016/679, including by the by the provision of continuous and real- provision of continuous and real-time time access ; access ;
Or. en
Amendment 155 Gwendoline Delbos-Corfield
Proposal for a regulation Article 6 – paragraph 1 – point h a (new)
Text proposed by the Commission Amendment
(h a) allow end users, and business users of number independent interpersonal communication services and social networking services to access and interoperate with the main functionalities of the gatekeepers’ services for the purpose of enabling cross-platform exchange of information by providing open standards, and open protocols including Application Programming Interfaces;
Or. en
Amendment 156 Tom Vandenkendelaere, Axel Voss
Proposal for a regulation Article 6 – paragraph 1 – point i
PE696.323v01-00 70/105 AM\1237090EN.docx EN Text proposed by the Commission Amendment
(i) provide business users, or third (i) provide business users, or third parties authorised by a business user, free parties authorised by a business user, free of charge, with effective, high-quality, of charge, with effective, secure, high- continuous and real-time access and use of quality, continuous and real-time access aggregated or non-aggregated data, that is and use of aggregated or non-aggregated, provided for or generated in the context of reliable and accurate data, that is provided the use of the relevant core platform for or generated in the context of the use of services by those business users and the the relevant core platform services by those end users engaging with the products or business users and the end users engaging services provided by those business users; with the products or services provided by for personal data, provide access and use those business users; present the data in a only where directly connected with the use comprehensible, structured and consistent effectuated by the end user in respect of the format and offer minimal data analysis products or services offered by the relevant services for small and medium-sized business user through the relevant core business users; for personal data, platform service, and when the end user anonymises the data in advance for small opts in to such sharing with a consent in or medium-sized business users and the sense of the Regulation (EU) 2016/679; provide access when justified on grounds ; of legitimate interest and use only where directly connected with the use effectuated by the end user in respect of the products or services offered by the relevant business user through the relevant core platform service, and when the end user opts in to such sharing with a consent in the sense of the Regulation (EU) 2016/679;
Or. en
Amendment 157 Gwendoline Delbos-Corfield
Proposal for a regulation Article 6 – paragraph 1 – point i
Text proposed by the Commission Amendment
(i) provide business users, or third (i) provide business users, or third parties authorised by a business user, free parties authorised by a business user, free of charge, with effective, high-quality, of charge, with effective, high-quality, continuous and real-time access and use of continuous and real-time access and use of aggregated or non-aggregated data, that is aggregated or non-aggregated non- provided for or generated in the context of personal data, that is provided for or the use of the relevant core platform generated in the context of the use of the services by those business users and the relevant core platform services by those end users engaging with the products or business users and the end users engaging
AM\1237090EN.docx 71/105 PE696.323v01-00 EN services provided by those business users; with the products or services provided by for personal data, provide access and use those business users; for personal data, only where directly connected with the use provide access and use only where directly effectuated by the end user in respect of the connected with the use effectuated by the products or services offered by the relevant end user in respect of the products or business user through the relevant core services offered by the relevant business platform service, and when the end user user through the relevant core platform opts in to such sharing with a consent in service, and when the end user opts in to the sense of the Regulation (EU) 2016/679; such sharing with a consent in the sense of ; the Regulation (EU) 2016/679; and ensure that the functionalities for providing information and offering of the opportunity to give consent are as user- friendly as possible;
Or. en
Justification
The algorithm-driven spreading andamplification of legal but potentially problematic content needs to becontained by giving users more control over content proposed to them. Usersshall have a right to see their timeline and other content recommendations inchronological order only and also be provided with an API that allows them tohave content curated by software or services of their choice, where this istechnically possible.
Amendment 158 Beata Kempa, Jadwiga Wiśniewska, Patryk Jaki, Joachim Stanisław Brudziński
Proposal for a regulation Article 6 – paragraph 1 – point i
Text proposed by the Commission Amendment
(i) provide business users, or third (i) provide business users, or third parties authorised by a business user, free parties authorised by a business user, free of charge, with effective, high-quality, of charge, with effective, high-quality, continuous and real-time access and use of continuous and real-time access and use of aggregated or non-aggregated data, that is aggregated or non-aggregated data, provided for or generated in the context of including personal data, that is provided the use of the relevant core platform for or generated in the context of the use of services by those business users and the the relevant core platform services by those end users engaging with the products or business users and the end users engaging services provided by those business users; with the products or services provided by for personal data, provide access and use those business users; for personal data, only where directly connected with the use provide access and use only where the data effectuated by the end user in respect of the are directly connected with the use products or services offered by the relevant effectuated by the end user in respect of the business user through the relevant core products or services offered by the relevant
PE696.323v01-00 72/105 AM\1237090EN.docx EN platform service, and when the end user business user through the relevant core opts in to such sharing with a consent in platform service, and when the end user the sense of the Regulation (EU) 2016/679; opts in to such sharing with a consent in ; the sense of Article 6 of Regulation (EU) 2016/679;
Or. en
Amendment 159 Isabel Santos
Proposal for a regulation Article 6 – paragraph 1 – point i
Text proposed by the Commission Amendment
(i) provide business users, or third (i) provide business users, or third parties authorised by a business user, free parties authorised by a business user, free of charge, with effective, high-quality, of charge, with effective, high-quality, continuous and real-time access and use of continuous and real-time access and use of aggregated or non-aggregated data, that is aggregated or non-aggregated non- provided for or generated in the context of personal data, that is provided for or the use of the relevant core platform generated in the context of the use of the services by those business users and the relevant core platform services by those end users engaging with the products or business users and the end users engaging services provided by those business users; with the products or services provided by for personal data, provide access and use those business users; for personal data, only where directly connected with the use provide for, in full compliance of effectuated by the end user in respect of the Regulation (EU) 2016/679, the possibility products or services offered by the relevant to obtain consent, in a user-friendly and business user through the relevant core clear manner, from the end-users to allow platform service, and when the end user the use of such personal data, only where opts in to such sharing with a consent in directly connected with the use effectuated the sense of the Regulation (EU) by the end user in respect of the products 2016/679; ; or services offered by the relevant business user through the relevant core platform service;
Or. en
Amendment 160 Nathalie Colin-Oesterlé, Geoffroy Didier
Proposal for a regulation Article 6 – paragraph 1 – point i
AM\1237090EN.docx 73/105 PE696.323v01-00 EN Text proposed by the Commission Amendment
(i) provide business users, or third (i) provide business users, or third parties authorised by a business user, free parties authorised by a business user, free of charge, with effective, high-quality, of charge, with effective, high-quality, continuous and real-time access and use of continuous and real-time access and use of aggregated or non-aggregated data, that is aggregated or non-aggregated data, that is provided for or generated in the context of provided for or generated in the context of the use of the relevant core platform the use of the relevant core platform or services by those business users and the ancillary services offered by the end users engaging with the products or gatekeeper by those business users and the services provided by those business users; end users engaging with the products or for personal data, provide access and use services provided by those business users; only where directly connected with the use for personal data, provide access and use effectuated by the end user in respect of the only where directly connected with the use products or services offered by the relevant effectuated by the end user in respect of the business user through the relevant core products or services offered by the relevant platform service, and when the end user business user through the relevant core opts in to such sharing with a consent in platform service, and when the end user the sense of the Regulation (EU) 2016/679; opts in to such sharing with a consent in ; the sense of the Regulation (EU) 2016/679;
Or. fr
Amendment 161 Anne-Sophie Pelletier
Proposal for a regulation Article 6 – paragraph 1 – point i
Text proposed by the Commission Amendment
(i) provide business users, or third (i) provide business users, or third parties authorised by a business user, free parties authorised by a business user, free of charge, with effective, high-quality, of charge, with effective, high-quality, continuous and real-time access and use of continuous and real-time access and use aggregated or non-aggregated data, that is of non-personal data, that is provided for provided for or generated in the context of or generated in the context of the use of the the use of the relevant core platform relevant core platform services by those services by those business users and the business users and the end users engaging end users engaging with the products or with the products or services provided by services provided by those business users; those business users; for personal for personal data, provide access and use data, provide, in full compliance with the only where directly connected with the use GDPR, business users the possibility to effectuated by the end user in respect of the obtain the consent of the data subject, products or services offered by the relevant allowing to the business users the access business user through the relevant core to and use of the personal data where platform service, and when the end user directly connected with the use effectuated
PE696.323v01-00 74/105 AM\1237090EN.docx EN opts in to such sharing with a consent in by the end user in respect of the products the sense of the Regulation (EU) or services offered by the relevant business 2016/679; ; user through the relevant core platform service ;
Or. en
Amendment 162 Beata Kempa, Jadwiga Wiśniewska, Patryk Jaki, Joachim Stanisław Brudziński
Proposal for a regulation Article 6 – paragraph 1 – point j
Text proposed by the Commission Amendment
(j) provide to any third party providers (j) provide to any third party providers of online search engines, upon their of online search engines, upon their request, with access on fair, reasonable and request, with access on fair, reasonable and non-discriminatory terms to ranking, non-discriminatory terms to ranking, query, click and view data in relation to query, click and view data in relation to free and paid search generated by end users free and paid search generated by end users on online search engines of the gatekeeper, on online search engines of the gatekeeper, subject to anonymisation for the query, subject to anonymisation for the query, click and view data that constitutes click and view data that constitutes personal data; personal data. The relevant data is anonymized if personal data is irreversibly altered in such a way that information does not relate to an identified or identifiable natural person or personal data rendered anonymous in such a manner that the data subject is not or no longer identifiable;
Or. en
Amendment 163 Anne-Sophie Pelletier
Proposal for a regulation Article 6 – paragraph 1 – point j
Text proposed by the Commission Amendment
(j) provide to any third party providers (j) provide to any third party providers of online search engines, upon their of online search engines, upon their request, with access on fair, reasonable and request, with access on fair, reasonable and
AM\1237090EN.docx 75/105 PE696.323v01-00 EN non-discriminatory terms to ranking, non-discriminatory terms to ranking, query, click and view data in relation to query, click and view data in relation to free and paid search generated by end users free and paid search generated by end users on online search engines of the gatekeeper, on online search engines of the gatekeeper, subject to anonymisation for the query, subject to anonymisation and continuous click and view data that constitutes testing against re-identification for the personal data; query, click and view data that constitutes personal data;
Or. en
Amendment 164 Isabel Santos
Proposal for a regulation Article 6 – paragraph 1 – point j
Text proposed by the Commission Amendment
(j) provide to any third party providers (j) provide to any third party providers of online search engines, upon their of online search engines, upon their request, with access on fair, reasonable and request, with access on fair, reasonable and non-discriminatory terms to ranking, non-discriminatory terms to fully query, click and view data in relation to anonymised ranking, query, click and view free and paid search generated by end users data in relation to free and paid search on online search engines of the gatekeeper, generated by end users on online search subject to anonymisation for the query, engines of the gatekeeper, as query, click click and view data that constitutes and view data constitutes personal data; personal data;
Or. en
Amendment 165 Gwendoline Delbos-Corfield
Proposal for a regulation Article 6 – paragraph 1 – point j a (new)
Text proposed by the Commission Amendment
(j a) allow end users and business users to have information presented to them in chronological order only and, alternatively, where technically possible, to use third-party recommender systems, such third-party recommender systems
PE696.323v01-00 76/105 AM\1237090EN.docx EN shall have access to the same information that is available to the recommender systems used by the gatekeeper; such third parties shall process this information only to provide recommendations to the recipient;
Or. en
Amendment 166 Anne-Sophie Pelletier
Proposal for a regulation Article 6 – paragraph 1 – point j a (new)
Text proposed by the Commission Amendment
(j a) refrain from practices that obstruct the option to unsubscribe from a core platform service, whereas the subscription is easily facilitated ;
Or. en
Amendment 167 Anne-Sophie Pelletier
Proposal for a regulation Article 6 – paragraph 1 – point j b (new)
Text proposed by the Commission Amendment
(j b) ensure their services, including user interfaces, are accessible to persons with disabilities in accordance with Article 13 of Directive (EU) 2019/88241a; ______41a Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70–115)
Or. en
AM\1237090EN.docx 77/105 PE696.323v01-00 EN Amendment 168 Nathalie Colin-Oesterlé, Geoffroy Didier
Proposal for a regulation Article 6 – paragraph 1 – point k
Text proposed by the Commission Amendment
(k) apply fair and non-discriminatory (k) apply fair and non-discriminatory general conditions of access for business general conditions of access and treatment users to its software application store to business users of its core platform designated pursuant to Article 3 of this service, in particular to business users of Regulation. its software application store, search engine, online payment service or online social networking service, designated pursuant to Article 3 of this Regulation;
Or. fr
Amendment 169 Beata Kempa, Jadwiga Wiśniewska, Patryk Jaki, Joachim Stanisław Brudziński
Proposal for a regulation Article 6 – paragraph 1 – point k a (new)
Text proposed by the Commission Amendment
(k a) refrain from making unsubscribing from a core platform service unnecessarily difficult or complicated for business users or end users
Or. en
Amendment 170 Gwendoline Delbos-Corfield
Proposal for a regulation Article 6 – paragraph 2 a (new)
Text proposed by the Commission Amendment
2 a. A gatekeeper shall implement and impose effective measures with its
PE696.323v01-00 78/105 AM\1237090EN.docx EN business partners to make sure that obligations provided for in this Article are effective also in the event that the final product is provided to consumers and business users by a third party and that such product includes a platform service operated by the gatekeeper;
Or. en
Amendment 171 Gwendoline Delbos-Corfield
Proposal for a regulation Article 7 – paragraph 2
Text proposed by the Commission Amendment
2. Where the Commission finds that 2. Where the Commission finds that the measures that the gatekeeper intends to the measures that the gatekeeper intends to implement pursuant to paragraph 1, or has implement pursuant to paragraph 1, or has implemented, do not ensure effective implemented, do not ensure effective compliance with the relevant obligations compliance with the relevant obligations laid down in Article 6, it may by decision laid down in Article 6, it shall by decision specify the measures that the gatekeeper specify the measures that the gatekeeper concerned shall implement. The concerned shall implement. The Commission shall adopt such a decision Commission shall adopt such a decision within six months from the opening of within six months from the opening of proceedings pursuant to Article 18. proceedings pursuant to Article 18.
Or. en
Amendment 172 Gwendoline Delbos-Corfield
Proposal for a regulation Article 7 – paragraph 6
Text proposed by the Commission Amendment
6. For the purposes of specifying the 6. For the purposes of specifying the obligations under Article 6(1) points (j) obligations under Article 6(1) points (j) and (k), the Commission shall also assess and (k), the Commission shall also assess whether the intended or implemented whether the intended or implemented measures ensure that there is no remaining measures ensure that there is no remaining imbalance of rights and obligations on imbalance of rights and obligations on
AM\1237090EN.docx 79/105 PE696.323v01-00 EN business users and that the measures do not business users and end users and that the themselves confer an advantage on the measures do not themselves confer an gatekeeper which is disproportionate to the advantage on the gatekeeper which is service provided by the gatekeeper to disproportionate to the service provided by business users. the gatekeeper to business users.
Or. en
Amendment 173 Gwendoline Delbos-Corfield
Proposal for a regulation Article 7 – paragraph 6 a (new)
Text proposed by the Commission Amendment
6 a. For the purposes of specifying the obligations under Article 6(1) points (f) and (h.a), the Commission shall, in cooperation with the gatekeeper, business users and end user representatives define the open technologies, open standards and open protocols, including the technical interface (Application Programming Interface), that allow end users of competing software and services and business users to dock on to the gate keepers core service and to interoperate with it. Interoperation between end users shall require their informed consent where personal data is processed. Providers of online platforms shall not process information and personal data obtained for the purpose of interoperating for other purposes; interoperability obligations shall not limit, hinder or delay the ability of intermediaries to address vulnerabilities in order to comply with an obligation under Directive (EU) 2016/114842a or Regulation (EU) 2016/679. ______42a Directive (EU) 2016/1148 of the European Parliament and of the Council of 6 July 2016 concerning measures for a high common level of security of network and information systems across the Union
PE696.323v01-00 80/105 AM\1237090EN.docx EN (OJ L 194, 19.7.2016, p. 1–30)
Or. en
Amendment 174 Beata Kempa, Jadwiga Wiśniewska, Patryk Jaki, Joachim Stanisław Brudziński
Proposal for a regulation Article 7 – paragraph 7
Text proposed by the Commission Amendment
7. A gatekeeper may request the 7. A gatekeeper may request the opening of proceedings pursuant to Article opening of proceedings pursuant to Article 18 for the Commission to determine 18 for the Commission to determine whether the measures that the gatekeeper whether the measures that the gatekeeper intends to implement or has implemented intends to implement or has implemented under Article 6 are effective in achieving under Article 6 are effective in achieving the objective of the relevant obligation in the objective of the relevant obligation in the specific circumstances. A gatekeeper the specific circumstances. A gatekeeper may, with its request, provide a reasoned shall, with its request, provide a reasoned submission to explain in particular why the submission to explain in particular why the measures that it intends to implement or measures that it intends to implement or has implemented are effective in achieving has implemented are effective in achieving the objective of the relevant obligation in the objective of the relevant obligation in the specific circumstances. the specific circumstances. . The Commission may open proceedings pursuant to Article 18 and by decision adopted in accordance with the advisory procedure referred to in Article 37a(2) specify the measures that the gatekeeper concerned shall implement. The Commission shall adopt a decision pursuant to this provision within six months from the opening of proceedings pursuant to Article 18.
Or. en
Amendment 175 Anne-Sophie Pelletier
Proposal for a regulation Article 8
AM\1237090EN.docx 81/105 PE696.323v01-00 EN Text proposed by the Commission Amendment
Article 8 deleted Suspension 1. The Commission may, on a reasoned request by the gatekeeper, exceptionally suspend, in whole or in part, a specific obligation laid down in Articles 5 and 6 for a core platform service by decision adopted in accordance with the advisory procedure referred to in Article 32(4), where the gatekeeper demonstrates that compliance with that specific obligation would endanger, due to exceptional circumstances beyond the control of the gatekeeper, the economic viability of the operation of the gatekeeper in the Union, and only to the extent necessary to address such threat to its viability. The Commission shall aim to adopt the suspension decision without delay and at the latest 3 months following receipt of a complete reasoned request. 2. Where the suspension is granted pursuant to paragraph 1, the Commission shall review its suspension decision every year. Following such a review the Commission shall either lift the suspension or decide that the conditions of paragraph 1 continue to be met. 3. The Commission may, acting on a reasoned request by a gatekeeper, provisionally suspend the application of the relevant obligation to one or more individual core platform services already prior to the decision pursuant to paragraph 1. In assessing the request, the Commission shall take into account, in particular, the impact of the compliance with the specific obligation on the economic viability of the operation of the gatekeeper in the Union as well as on third parties. The suspension may be made subject to conditions and obligations to be defined by the Commission in order to ensure a fair balance between these interests and the objectives of this Regulation. Such a
PE696.323v01-00 82/105 AM\1237090EN.docx EN request may be made and granted at any time pending the assessment of the Commission pursuant to paragraph 1.
Or. en
Amendment 176 Anne-Sophie Pelletier
Proposal for a regulation Article 9 – paragraph 2 – point a
Text proposed by the Commission Amendment
(a) public morality; deleted
Or. en
Amendment 177 Anne-Sophie Pelletier
Proposal for a regulation Article 10 – paragraph 2 – point a
Text proposed by the Commission Amendment
(a) there is an imbalance of rights and (a) there is an imbalance of rights and obligations on business users and the obligations on business users and end gatekeeper is obtaining an advantage from users and the gatekeeper is obtaining an business users that is disproportionate to advantage from business users and end the service provided by the gatekeeper to users that is disproportionate to the service business users; or provided by the gatekeeper to business users or end users; or
Or. en
Amendment 178 Gwendoline Delbos-Corfield
Proposal for a regulation Article 10 – paragraph 2 – point a
Text proposed by the Commission Amendment
AM\1237090EN.docx 83/105 PE696.323v01-00 EN (a) there is an imbalance of rights and (a) there is an imbalance of rights and obligations on business users and the obligations on business users or end users gatekeeper is obtaining an advantage from and the gatekeeper is obtaining an business users that is disproportionate to advantage from business users or end the service provided by the gatekeeper to users that is disproportionate to the service business users; or provided by the gatekeeper to business users or end users ; or
Or. en
Amendment 179 Isabel Santos
Proposal for a regulation Article 10 – paragraph 2 – point a
Text proposed by the Commission Amendment
(a) there is an imbalance of rights and (a) there is an imbalance of rights and obligations on business users and the obligations on end-users or business users gatekeeper is obtaining an advantage from and the gatekeeper is obtaining an business users that is disproportionate to advantage from end-users or business the service provided by the gatekeeper to users that is disproportionate to the service business users; or provided by the gatekeeper to end-users or business users; or
Or. en
Amendment 180 Gwendoline Delbos-Corfield
Proposal for a regulation Article 11 – paragraph 1
Text proposed by the Commission Amendment
1. A gatekeeper shall ensure that the 1. A gatekeeper shall ensure that the obligations of Articles 5 and 6 are fully and obligations of Articles 5 and 6 are fully and effectively complied with. While the effectively complied with. While the obligations of Articles 5 and 6 apply in obligations of Articles 5 and 6 apply in respect of core platform services respect of core platform services designated pursuant to Article 3, their designated pursuant to Article 3, their implementation shall not be undermined by implementation shall not be undermined by any behaviour of the undertaking to which any behaviour of the gatekeeper or any the gatekeeper belongs, regardless of part of the undertaking to which the whether this behaviour is of a contractual, gatekeeper belongs, regardless of whether
PE696.323v01-00 84/105 AM\1237090EN.docx EN commercial, technical or any other nature. this behaviour is of a contractual, commercial, technical or any other nature, including through product design or by presenting end user choices in a non- neutral manner, or by otherwise subverting or impairing user autonomy, decision-making, or choice via the structure, function or manner of operation of a user interface or a part thereof.
Or. en
Amendment 181 Anne-Sophie Pelletier
Proposal for a regulation Article 11 – paragraph 2
Text proposed by the Commission Amendment
2. Where consent for collecting and 2. Where consent for collecting and processing of personal data is required to processing of personal data is required to ensure compliance with this Regulation, a ensure compliance with this Regulation, a gatekeeper shall take the necessary steps to gatekeeper shall take the necessary steps to either enable business users to directly enable business users to directly obtain the obtain the required consent to their required consent to their processing, where processing, where required under required under Regulation (EU) 2016/679 Regulation (EU) 2016/679 and Directive and Directive 2002/58/EC, and to comply 2002/58/EC, or to comply with Union data with Union data protection and privacy protection and privacy rules and principles rules and principles. The gatekeeper shall in other ways including by providing not make the obtaining of this consent by business users with duly anonymised data the business user more burdensome than where appropriate. The gatekeeper shall for its own services. The Gate keeper shall not make the obtaining of this consent by not subvert or impair consumers’ the business user more burdensome than autonomy, decision-making, or choice via for its own services. the structure, function or manner of operation of their online interface or any part thereof while exercising those rights or specific choices.
Or. en
Amendment 182 Gwendoline Delbos-Corfield
AM\1237090EN.docx 85/105 PE696.323v01-00 EN Proposal for a regulation Article 11 – paragraph 2
Text proposed by the Commission Amendment
2. Where consent for collecting and 2. Where consent for collecting and processing of personal data is required to processing of personal data is required to ensure compliance with this Regulation, a ensure compliance with this Regulation, a gatekeeper shall take the necessary steps to gatekeeper shall take the necessary steps to either enable business users to directly either enable business users to directly obtain the required consent to their request the required consent to their processing, where required under processing, where required under Regulation (EU) 2016/679 and Directive Regulation (EU) 2016/679 and Directive 2002/58/EC, or to comply with Union data 2002/58/EC, or to provide business users protection and privacy rules and with duly anonymised data. The gatekeeper principles in other ways including by shall not make the obtaining of this consent providing business users with duly by the business user more burdensome than anonymised data where appropriate. The for its own services. gatekeeper shall not make the obtaining of this consent by the business user more burdensome than for its own services.
Or. en
Amendment 183 Isabel Santos
Proposal for a regulation Article 11 – paragraph 2
Text proposed by the Commission Amendment
2. Where consent for collecting and 2. Where consent for collecting and processing of personal data is required to processing of personal data is required to ensure compliance with this Regulation, a ensure compliance with this Regulation, a gatekeeper shall take the necessary steps to gatekeeper shall take the necessary steps to either enable business users to directly either enable business users to directly obtain the required consent to their obtain the required consent to their processing, where required under processing, where required under Regulation (EU) 2016/679 and Directive Regulation (EU) 2016/679 and Directive 2002/58/EC, or to comply with Union data 2002/58/EC, and to comply with Union protection and privacy rules and principles data protection and privacy rules and in other ways including by providing principles in other ways including by business users with duly anonymised data providing business users with duly where appropriate. The gatekeeper shall anonymised data where appropriate. The not make the obtaining of this consent by gatekeeper shall not make the obtaining of the business user more burdensome than this consent by the business user more for its own services. burdensome than for its own services.
PE696.323v01-00 86/105 AM\1237090EN.docx EN Or. en
Amendment 184 Gwendoline Delbos-Corfield
Proposal for a regulation Article 13 – paragraph 1
Text proposed by the Commission Amendment
Within six months after its designation Within six months after its designation pursuant to Article 3, a gatekeeper shall pursuant to Article 3, a gatekeeper shall submit to the Commission an submit to the Commission an independently audited description of any independently audited description of any techniques for profiling of consumers that techniques for profiling of consumers that the gatekeeper applies to or across its core the gatekeeper applies to or across its core platform services identified pursuant to platform services identified pursuant to Article 3. This description shall be updated Article 3. This description shall be updated at least annually. at least annually. The Commission shall develop, after consulting the European Data Protection Supervisor, the European Data Protection Board, civil society and experts, the standards and process of the audit. The Commission shall share the audited description, as well as any relevant materials that are collected in the context of supervising the gatekeepers that relate to the processing of personal data, with any competent supervisory authority upon its request.
Or. en
Amendment 185 Isabel Santos
Proposal for a regulation Article 13 – paragraph 1
Text proposed by the Commission Amendment
Within six months after its designation Within six months after its designation pursuant to Article 3, a gatekeeper shall pursuant to Article 3, a gatekeeper shall submit to the Commission an submit to the Commission an independently audited description of any independently audited description of any techniques for profiling of consumers that techniques for profiling of consumers that
AM\1237090EN.docx 87/105 PE696.323v01-00 EN the gatekeeper applies to or across its core the gatekeeper applies to or across its core platform services identified pursuant to platform services identified pursuant to Article 3. This description shall be updated Article 3. This description shall be updated at least annually. at least annually. The Commission shall share the audited description, as well as all relevant materials collected in the context of supervising the gatekeepers, that relate to the processing of personal data, in particular profiling, with any competent supervisory authority, represented in the European Data Protection Board, upon its request.
Or. en
Amendment 186 Beata Kempa, Jadwiga Wiśniewska, Patryk Jaki, Joachim Stanisław Brudziński
Proposal for a regulation Article 13 – paragraph 1
Text proposed by the Commission Amendment
Within six months after its designation Within six months after its designation pursuant to Article 3, a gatekeeper shall pursuant to Article 3, a gatekeeper shall submit to the Commission an submit to the Commission an independently audited description of any independently audited description of any techniques for profiling of consumers that techniques for profiling of end users that the gatekeeper applies to or across its core the gatekeeper applies to or across its core platform services identified pursuant to platform services identified pursuant to Article 3. This description shall be updated Article 3. at least annually. The gatekeeper makes publicly available an overview of the audited description taking into account the limitations imposed by the requirements of business secrecy. The description and its publicly available overview shall be updated at least annually.
Or. en
Amendment 187 Isabel Santos
PE696.323v01-00 88/105 AM\1237090EN.docx EN Proposal for a regulation Article 13 a (new)
Text proposed by the Commission Amendment
Article 13 a Platform Interoperability 1. The Commission shall request the European standardisation organisations, in consultation with the European Data Protection Board, to develop European technical standards, in compliance with European privacy and data protection standards, for interoperability, including protocol interoperability and data interoperability. 2. These interoperability standards shall apply to the gatekeepers, who shall make the main functionalities of their services interoperable to enable cross-platform exchange of information by recipients. This obligation shall not limit, hinder or delay their ability to solve security issues. Gatekeepers shall publicly document all application programming interfaces they make available. 3. The cross-platform exchange of information shall require the explicit consent of the recipients exchanging information. 4. The Commission shall adopt implementing measures, according to Article36, specifying the nature and scope of the obligations set out in paragraph 1.
Or. en
Amendment 188 Nathalie Colin-Oesterlé, Geoffroy Didier
Proposal for a regulation Article 14 – paragraph 1
Text proposed by the Commission Amendment
1. When the Commission intends to 1. When the Commission intends to
AM\1237090EN.docx 89/105 PE696.323v01-00 EN carry out a market investigation in view of carry out a market investigation in view of the possible adoption of decisions pursuant the possible adoption of decisions pursuant to Articles 15, 16 and 17, it shall adopt a to Articles 15, 16, 16a and 17, it shall decision opening a market investigation. adopt a decision opening a market investigation.
Or. fr
Amendment 189 Gwendoline Delbos-Corfield
Proposal for a regulation Article 14 – paragraph 1 a (new)
Text proposed by the Commission Amendment
1 a. Where processing of personal data is concerned, the Commission shall consult the competent data protection authorities in the context of its investigation before adopting a decision pursuant to Articles 15, 16 and 17.
Or. en
Amendment 190 Gwendoline Delbos-Corfield
Proposal for a regulation Article 15 – paragraph 2
Text proposed by the Commission Amendment
2. In the course of a market 2. In the course of a market investigation pursuant to paragraph 1, the investigation pursuant to paragraph 1, the Commission shall endeavour to Commission shall communicate its communicate its preliminary findings to preliminary findings to the provider of core the provider of core platform services platform services concerned within six concerned within six months from the months from the opening of the opening of the investigation. In the investigation. In the preliminary findings, preliminary findings, the Commission shall the Commission shall explain whether it explain whether it considers, on a considers, on a provisional basis, that the provisional basis, that the provider of core provider of core platform services should platform services should be designated as a be designated as a gatekeeper pursuant to gatekeeper pursuant to Article 3(6). Article 3(6).
PE696.323v01-00 90/105 AM\1237090EN.docx EN Or. en
Amendment 191 Nathalie Colin-Oesterlé, Geoffroy Didier
Proposal for a regulation Article 16 a (new)
Text proposed by the Commission Amendment
Article 16a Article 16a Market investigation and tailor-made remedies to ensure markets are contestable and fair. 1. The Commission may carry out a market investigation, pursuant to Article 17, in order to ascertain whether tailor-made remedies, in accordance with paragraph 2, should be imposed on a gatekeeper in order to ensure that the markets of core platform services are contestable and fair. The Commission shall conclude its investigation by adopting a decision within 12 months of the opening of the market investigation. 2. Where the market investigation carried out in accordance with paragraph 1 finds that the obligations laid down in Articles 5 and 6 are insufficient to prevent a gatekeeper from adopting practices which, like the practices targeted by the obligations laid down in Articles 5 and 6, limit the contestability of core platform services or are unfair within the meaning of Article 10(2), the Commission may impose, by way of a duly reasoned decision adopted via the advisory procedure referred to in Article 32(4), the necessary proportionate remedies on the basis of the principles set out in paragraph 4, in order to ensure the objectives of this Regulation. 3. In its market investigation, the Commission shall take into account all relevant information provided by the third parties concerned, such as the
AM\1237090EN.docx 91/105 PE696.323v01-00 EN professional and end users. 4. When it adopts its decision pursuant to paragraph 2, the Commission shall take the measures deemed appropriate and necessary. These measures may concern: (a) access to platforms (including obligations relating to interoperability, granting access to core APIs and the application of common standards); (b) data-related measures (including obligations relating to data mobility and granting access to core data, and data silos); (c) fair commercial relations (including non-discrimination requirements, prohibitions on self-referencing that distorts competition, and obligations to apply fair contractual terms); (d) the freedom of choice of end and professional users (including obligations to proactively offer users options, regulating default values and designing a chosen architecture). 5. The Commission shall communicate its objections to the gatekeeper concerned within six months of the opening of the investigation. In its objections, the Commission shall state whether its preliminary assessment is that the conditions of paragraphs 1 and 2 have been met and which remedy or remedies it has preliminarily identified as necessary and proportionate. In this assessment, the Commission shall consider the technical and economic viability of the measures for the gatekeeper, as well as the long- term impact on end users and innovation. 6. At any point in the market investigation, the Commission may extend its duration, where justified on objective and proportionate grounds. The extension may apply to the time frame within which the Commission must issue its objections, or to the deadline for adoption of the final decision. The total duration of any extension granted pursuant to this
PE696.323v01-00 92/105 AM\1237090EN.docx EN paragraph must not exceed six months.
Or. fr
Amendment 192 Nathalie Colin-Oesterlé, Geoffroy Didier
Proposal for a regulation Article 17 – paragraph 1
Text proposed by the Commission Amendment
The Commission may conduct a market The Commission may conduct a market investigation with the purpose of investigation with the purpose of examining whether one or more services examining whether one or more services within the digital sector should be added to within the digital sector should be added to the list of core platform services or to the list of core platform services or to detect types of practices that may limit the detect types of practices that may limit the contestability of core platform services or contestability of core platform services or may be unfair and which are not effectively may be unfair and which are not effectively addressed by this Regulation. It shall issue addressed by this Regulation. It shall issue a public report at the latest within 24 a public report at the latest within 12 months from the opening of the market months from the opening of the market investigation. investigation.
Or. fr
Amendment 193 Gwendoline Delbos-Corfield
Proposal for a regulation Article 17 – paragraph 2 – point b
Text proposed by the Commission Amendment
(b) be accompanied by a delegated act (b) be accompanied by a proposal for a amending Articles 5 or 6 as provided for in delegated act amending Articles 5 or 6 as Article 10. provided for in Article 10.
Or. en
Amendment 194 Nathalie Colin-Oesterlé, Geoffroy Didier
AM\1237090EN.docx 93/105 PE696.323v01-00 EN Proposal for a regulation Article 18 a (new)
Text proposed by the Commission Amendment
Article 18a Reporting mechanism for professional and end users 1. Professional users, including competitors, and end users of the core platform services defined in Article 2(2) may, in a report, notify the Commission or a national competition authority of any practice or behaviour on the part of a gatekeeper that falls within the scope of this Regulation. The Commission shall grant the Member States access to these reports. 2. If the report pursuant to paragraph 1 is received by a national competition authority, it is forwarded directly to the Commission. 3. The Commission shall establish the conditions for submission of the reports referred to in paragraph 1. It shall also establish the conditions in which the Member States, in particular the national competition authorities, are notified of and given access to these reports. 4. The Commission shall have the power to set its priorities for examining the reports referred to paragraph 1. Subject to the provisions of paragraph 5 below and of Article 33, the Commission shall have the power to choose to not examine a report where it does not consider that report to be an enforcement priority. 5. When the Commission considers that a report is an enforcement priority, it may open proceedings pursuant to Article 18 or a market investigation pursuant to Article 14.
Or. fr
PE696.323v01-00 94/105 AM\1237090EN.docx EN Amendment 195 Ondřej Kovařík
Proposal for a regulation Article 19 – paragraph 3
Text proposed by the Commission Amendment
3. When sending a simple request for 3. When sending a simple request for information to an undertaking or information to an undertaking or association of undertakings, the association of undertakings, the Commission shall state the purpose of the Commission shall state the purpose of the request, specify what information is request, specify what information is required and fix the time-limit within required and fix the time-limit within which the information is to be provided, which the information is to be provided, and the penalties provided for in Article 26 and the penalties provided for in Article 26 for supplying incomplete, incorrect or for supplying incomplete, incorrect or misleading information or explanations. misleading information or explanations. Such time-limits provided should respect the size and capabilities of an undertaking or association of undertakings.
Or. en
Amendment 196 Ondřej Kovařík
Proposal for a regulation Article 19 – paragraph 4
Text proposed by the Commission Amendment
4. Where the Commission requires 4. Where the Commission requires undertakings and associations of undertakings and associations of undertakings to supply information by undertakings to supply information by decision, it shall state the purpose of the decision, it shall state the purpose of the request, specify what information is request, specify what information is required and fix the time-limit within required and fix the time-limit within which it is to be provided. Where the which it is to be provided. Where the Commission requires undertakings to Commission requires undertakings to provide access to its data-bases and provide access to its data-bases and algorithms, it shall state the legal basis and algorithms, it shall state the legal basis and the purpose of the request, and fix the time- the purpose of the request, and fix the time- limit within which it is to be provided. It limit within which it is to be provided. It shall also indicate the penalties provided shall also indicate the penalties provided for in Article 26 and indicate or impose the for in Article 26 and indicate or impose the periodic penalty payments provided for in periodic penalty payments provided for in Article 27. It shall further indicate the right Article 27. It shall further indicate the right
AM\1237090EN.docx 95/105 PE696.323v01-00 EN to have the decision reviewed by the Court to have the decision reviewed by the Court of Justice. of Justice. Such time-limits provided should respect the size and capabilities of an undertaking or association of undertakings.
Or. en
Amendment 197 Gwendoline Delbos-Corfield
Proposal for a regulation Article 24 – paragraph 1
Text proposed by the Commission Amendment
1. The Commission may take the 1. The Commission shall monitor the necessary actions to monitor the effective effective implementation and compliance implementation and compliance with the with the obligations laid down in Articles 5 obligations laid down in Articles 5 and 6 and 6 and the decisions taken pursuant to and the decisions taken pursuant to Articles Articles 7, 16, 22 and 23. 7, 16, 22 and 23.
Or. en
Amendment 198 Gwendoline Delbos-Corfield
Proposal for a regulation Article 25 – paragraph 5 a (new)
Text proposed by the Commission Amendment
5 a. The Commission shall close its investigation by adopting a decision within 36 months from the opening of the investigation pursuant to Article 18.
Or. en
Amendment 199 Beata Kempa
Proposal for a regulation
PE696.323v01-00 96/105 AM\1237090EN.docx EN Article 26 – paragraph 1 – introductory part
Text proposed by the Commission Amendment
1. In the decision pursuant to Article 1. In the decision pursuant to Article 25, the Commission may impose on a 25, the Commission may impose on a gatekeeper fines not exceeding 10% of its gatekeeper fines not exceeding 10% of its total turnover in the preceding financial total global turnover in the preceding year where it finds that the gatekeeper, financial year where it finds that the intentionally or negligently, fails to comply gatekeeper, intentionally or negligently, with: fails to comply with:
Or. pl
Amendment 200 Beata Kempa
Proposal for a regulation Article 26 – paragraph 2 – introductory part
Text proposed by the Commission Amendment
2. The Commission may by decision 2. The Commission may by decision impose on undertakings and associations of impose on undertakings and associations of undertakings fines not exceeding 1% of the undertakings fines not exceeding 1% of the total turnover in the preceding financial total global turnover in the preceding year where they intentionally or financial year where they intentionally or negligently: negligently:
Or. pl
Amendment 201 Beata Kempa
Proposal for a regulation Article 26 – paragraph 4 – subparagraph 4
Text proposed by the Commission Amendment
The financial liability of each undertaking The financial liability of each undertaking in respect of the payment of the fine shall in respect of the payment of the fine shall not exceed 10 % of its total turnover in the not exceed 10 % of its total global turnover preceding financial year. in the preceding financial year.
Or. pl
AM\1237090EN.docx 97/105 PE696.323v01-00 EN Amendment 202 Beata Kempa
Proposal for a regulation Article 27 – paragraph 1 – introductory part
Text proposed by the Commission Amendment
1. The Commission may by decision 1. The Commission may by decision impose on undertakings, including impose on undertakings, including gatekeepers where applicable, periodic gatekeepers where applicable, periodic penalty payments not exceeding 5 % of the penalty payments not exceeding 10 % of average daily turnover in the preceding the average daily global turnover in the financial year per day, calculated from the preceding financial year per day, calculated date set by that decision, in order to compel from the date set by that decision, in order them: to compel them:
Or. pl
Amendment 203 Gwendoline Delbos-Corfield
Proposal for a regulation Article 30 – paragraph 1 a (new)
Text proposed by the Commission Amendment
1 a. Where the Commission considers it necessary, it may also hear other natural or legal persons before taking the decisions as provided for in paragraph 1. Applications to be heard on the part of such persons shall, where they show a sufficient interest, be granted. The national competent authorities designated under Article 21(a) may also ask the Commission to hear other natural or legal persons with sufficient interest.
Or. en
Amendment 204 Isabel Santos
PE696.323v01-00 98/105 AM\1237090EN.docx EN Proposal for a regulation Article 31 – paragraph 1 a (new)
Text proposed by the Commission Amendment
1 a. As an exception to paragraph 1, competent supervisory authorities shall be able to exchange any relevant material that is collected in the context of supervising the gatekeepers, pursuant to Articles 3, 12, 13, 19, 20 and 21, for the further sole purpose of enabling other competent authorities to fulfil their respective mandates and public service missions.
Or. en
Amendment 205 Nathalie Colin-Oesterlé, Geoffroy Didier
Proposal for a regulation Article 31 a (new)
Text proposed by the Commission Amendment
Article 31a Cooperation with the national competition authorities and their powers 1. The Commission shall ensure that the reports forwarded pursuant to Article 16b of this Regulation are made available to the national competition authorities within the European Competition Network, defined in Article 2(1)(5) of Directive (EU) 2019/1. 2. The Commission shall circulate within the European Competition Network the decisions relating to the opening of a market investigation pursuant to Article 14 or proceedings pursuant to Article 18. The national competition authorities may provide the Commission, on a voluntary basis, with any information deemed helpful and necessary for the purpose of the market investigation carried out pursuant to Articles 15, 16, 16a and 17,
AM\1237090EN.docx 99/105 PE696.323v01-00 EN and provide the Commission with assistance, upon request, in implementing Articles 19, 20 and 21.
Or. fr
Amendment 206 Isabel Santos
Proposal for a regulation Article 32 – paragraph 1
Text proposed by the Commission Amendment
1. The Commission shall be assisted 1. The Commission shall be assisted by the Digital Markets Advisory by the Digital Markets Advisory Committee. That Committee shall be a Committee. That Committee shall be a Committee within the meaning of Committee within the meaning of Regulation (EU) No 182/2011. Regulation (EU) No 182/2011. The Digital Markets Advisory Committee shall consist of representatives of the European Data Protection Board and representatives of the national competent authorities responsible for electronic communications, audio-visual services, competition and consumer protection.
Or. en
Amendment 207 Anne-Sophie Pelletier
Proposal for a regulation Article 32 – paragraph 1
Text proposed by the Commission Amendment
1. The Commission shall be assisted 1. The Commission shall be assisted by the Digital Markets Advisory by the Digital Markets Advisory Committee. That Committee shall be a Committee. That Committee shall consist Committee within the meaning of of representatives of the European Data Regulation (EU) No 182/2011. Protection Board, as well as of representatives of the competent authorities of the Member States for competition, electronic communications, audio-visual services, electoral oversight,
PE696.323v01-00 100/105 AM\1237090EN.docx EN and consumer protection and be a Committee within the meaning of Regulation (EU) No 182/2011.
Or. en
Amendment 208 Nathalie Colin-Oesterlé, Geoffroy Didier
Proposal for a regulation Article 33 – paragraph 1
Text proposed by the Commission Amendment
1. When three or more Member States 1. When three or more Member States request the Commission to open an request the Commission to open an investigation pursuant to Article 15 investigation pursuant to Article 14, the because they consider that there are Commission shall within four months reasonable grounds to suspect that a examine whether there are reasonable provider of core platform services should grounds to open such an investigation. be designated as a gatekeeper, the Commission shall within four months examine whether there are reasonable grounds to open such an investigation.
Or. fr
Amendment 209 Beata Kempa, Jadwiga Wiśniewska, Patryk Jaki, Joachim Stanisław Brudziński
Proposal for a regulation Article 33 – paragraph 1
Text proposed by the Commission Amendment
1. When three or more Member States 1. When two or more Member States request the Commission to open an request the Commission to open an investigation pursuant to Article 15 investigation pursuant to Article 15 because they consider that there are because they consider that there are reasonable grounds to suspect that a reasonable grounds to suspect that a provider of core platform services should provider of core platform services should be designated as a gatekeeper, the be designated as a gatekeeper, the Commission shall within four months Commission shall within four months examine whether there are reasonable examine whether there are reasonable grounds to open such an investigation. grounds to open such an investigation.
AM\1237090EN.docx 101/105 PE696.323v01-00 EN Or. en
Amendment 210 Beata Kempa, Jadwiga Wiśniewska, Patryk Jaki, Joachim Stanisław Brudziński
Proposal for a regulation Article 33 – paragraph 1 a (new)
Text proposed by the Commission Amendment
1 a. When two or more Member States request the Commission to open an investigation pursuant to Article 16 because they consider that there are reasonable grounds to suspect that a gatekeeper has systematically infringed the obligations laid down in Articles 5 and 6 and has further strengthened or extended its gatekeeper position in relation to the characteristics under Article 3(1), the Commission shall within four months examine whether there are reasonable grounds to open such an investigation and the result of such examination shall be published.
Or. en
Amendment 211 Isabel Santos
Proposal for a regulation Article 33 – paragraph 1 a (new)
Text proposed by the Commission Amendment
1 a. Where the Commission decides to open an investigation, it should consult and cooperate with the competent oversight authorities, including data protection authorities, when conducting and drafting their assessment.
Or. en
PE696.323v01-00 102/105 AM\1237090EN.docx EN Amendment 212 Beata Kempa, Jadwiga Wiśniewska, Patryk Jaki, Joachim Stanisław Brudziński
Proposal for a regulation Article 33 – paragraph 1 b (new)
Text proposed by the Commission Amendment
1 b. 1b. When two or more Member States request the Commission to open an investigation pursuant to Article 17 because they consider that one or more services within the digital sector should be added to the list of core platform services pursuant to Article 2(2) or that there are reasonable grounds to suspect that one or several types of practices are not effectively addressed by this Regulation and may limit the contestability of core platform services or may be unfair, the Commission shall within four months examine whether there are reasonable grounds to open such an investigation and the result of such examination should be published.
Or. en
Amendment 213 Gwendoline Delbos-Corfield
Proposal for a regulation Article 33 – paragraph 2 a (new)
Text proposed by the Commission Amendment
2 a. Third parties representing business users or end users shall be entitled to lodge complaints, with regard to the non-designation of gatekeepers, non-compliance and systematic non- compliance by gatekeepers with their obligations in accordance with Article 3, 5 and 6, and request the opening of a market investigation; They shall submit evidence in support of their request; The Commission shall inform the third parties of its decision within three months.
AM\1237090EN.docx 103/105 PE696.323v01-00 EN Or. en
Amendment 214 Gwendoline Delbos-Corfield
Proposal for a regulation Article 33 – paragraph 2 b (new)
Text proposed by the Commission Amendment
2 b. Amendment to Directive (EU) 2020/1828 The following point is added to the Annex I of Directive (EU) 2020/182843a: ‘(67) Regulation (EU) 20XX/XXXX of the European Parliament and of the Council on contestable and fair markets in the digital sectors” ______43a Directive (EU) 2020/1828 of the European Parliament and of the Council of 25 November 2020 on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC (OJ L 409, 4.12.2020, p. 1–27)
Or. en
Amendment 215 Gwendoline Delbos-Corfield
Proposal for a regulation Article 34 – paragraph 1
Text proposed by the Commission Amendment
1. The Commission shall publish the 1. The Commission shall publish the decisions which it takes pursuant to decisions which it takes pursuant to Articles 3, 7, 8, 9, 15, 16, 17, 22, 23(1), 25, Articles 3, 7, 8, 9, 15, 16, 17, 18, 22, 23(1), 26 and 27. Such publication shall state the 25, 26, 27, 33 and 33a. Such publication names of the parties and the main content shall state the names of the parties and the of the decision, including any penalties main content of the decision, including any imposed. penalties imposed.
PE696.323v01-00 104/105 AM\1237090EN.docx EN Or. en
Amendment 216 Gwendoline Delbos-Corfield
Proposal for a regulation Article 36 – paragraph 1 a (new)
Text proposed by the Commission Amendment
1 a. The Commission’s Annual Report on Competition Policy shall include a chapter on the implementation of this Regulation.
Or. en
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