2019-2024

Committee on the Internal Market and Consumer Protection

2020/2018(INL)

18.5.2020

AMENDMENTS 1 - 311

Draft report Alex Agius Saliba (PE648.474v02-00)

Digital Services Act: Improving the functioning of the Single Market (2020/2018(INL))

AM\1204788EN.docx PE650.712v01-00

EN United in diversityEN AM_Com_NonLegReport

PE650.712v01-00 2/163 AM\1204788EN.docx EN Amendment 1 Geoffroy Didier

Motion for a resolution Citation 1 a (new)

Motion for a resolution Amendment

- having regard to Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC and Directive (EU) 2010/13 concerning the provision of audiovisual media services,

Or. fr

Amendment 2 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, , , , , Stéphanie Yon-Courtin

Motion for a resolution Citation 2 a (new)

Motion for a resolution Amendment

- having regard to the communication from the Commission of 11 January 2012, entitled “A coherent framework for building trust in the Digital Single Market for e-commerce and online services” COM/2011/0942 final,

Or. en

Amendment 3 Brando Benifei, Maria Grapini, Andreas Schieder, Sylvie Guillaume, Adriana Maldonado López, Clara Aguilera, Marc Angel

Motion for a resolution Citation 2 a (new)

AM\1204788EN.docx 3/163 PE650.712v01-00 EN Motion for a resolution Amendment

- having regard to the Commission recommendation (EU) 2018/334 of 1 March 2018 on measures to effectively tackle illegal content online,1a ______1a OJ L 63, 6.3.2018, p. 50

Or. en

Amendment 4 Adam Bielan, Beata Mazurek, Eugen Jurzyca, Andżelika Anna Możdżanowska

Motion for a resolution Citation 2 a (new)

Motion for a resolution Amendment

- having regard to the European Parliament resolution of 12 December 2018 on the single market package (2018/2903(RSP),

Or. en

Amendment 5 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Liesje Schreinemacher, Sandro Gozi, Stéphanie Yon-Courtin

Motion for a resolution Citation 2 b (new)

Motion for a resolution Amendment

- having regard to the Memorandum of Understanding on the sale of counterfeit goods via the internet of 21 June 2016 and its review in the Communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee of 29 November 2017, entitled

PE650.712v01-00 4/163 AM\1204788EN.docx EN “ A balanced IP enforcement system responding to today's societal challenges” (COM (2017) 707) final,

Or. en

Amendment 6 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Liesje Schreinemacher, Sandro Gozi, Stéphanie Yon-Courtin

Motion for a resolution Citation 3 a (new)

Motion for a resolution Amendment

- having regard to the Communication from the Commission of 28 September 2017, entitled “Tackling Illegal Content Online: Towards an enhanced responsibility of online platforms” (COM (2017) 555), and its Recommendation of 1 March 2018 on measures to effectively tackle illegal content online (COM (2018) 1177),

Or. en

Amendment 7 Adam Bielan, Beata Mazurek, Eugen Jurzyca, Andżelika Anna Możdżanowska

Motion for a resolution Citation 3 a (new)

Motion for a resolution Amendment

- having regard to the Communication from the Commission of 10 March 2020, entitled “An SME Strategy for a sustainable and digital Europe” (COM/2020/103),

Or. en

AM\1204788EN.docx 5/163 PE650.712v01-00 EN Amendment 8 Eugen Jurzyca

Motion for a resolution Citation 4

Motion for a resolution Amendment

- having regard to the commitments deleted made by commissioner-designate, Thierry Breton, before the European Parliament on 14 November 2019,

Or. en

Amendment 9 Adam Bielan, Beata Mazurek, Andżelika Anna Możdżanowska

Motion for a resolution Citation 4 a (new)

Motion for a resolution Amendment

- having regard to the commitments made by the Commission in its “Political Guidelines for the next European Commission 2019-2024" and before the European Parliament on 10 September 2019,

Or. en

Amendment 10 Andreas Schieder, Adriana Maldonado López, Clara Aguilera, Brando Benifei

Motion for a resolution Citation 6 a (new)

Motion for a resolution Amendment

- having regard to the opinion of the Committee of the Regions (ECON- VI/048) from 5 December 2019 on “a European framework for regulatory responses to the collaborative economy”,

PE650.712v01-00 6/163 AM\1204788EN.docx EN Or. en

Amendment 11 Andreas Schieder, Adriana Maldonado López, Clara Aguilera, Brando Benifei

Motion for a resolution Citation 6 b (new)

Motion for a resolution Amendment

- having regard to the opinion of the Committee of the Regions (SEDEC- VI/051) from 5 December 2019 on “platform work –local and regional regulatory challenges”,

Or. en

Amendment 12 Martin Schirdewan, Emmanuel Maurel, Stelios Kouloglou

Motion for a resolution Citation 7 a (new)

Motion for a resolution Amendment

- having regard to the study by Dr Melanie Smith "Enforcement and cooperation between Member States in a Digital Services Act", commissioned by the European Parliament’s Committee on Internal Market and Consumer Protection, Luxembourg, 2020,

Or. en

Amendment 13 Eugen Jurzyca, Adam Bielan, Beata Mazurek

Motion for a resolution Citation 7 a (new)

AM\1204788EN.docx 7/163 PE650.712v01-00 EN Motion for a resolution Amendment

- having regard to the European Parliament resolution of 15 June 2017 on online platforms and the digital single market (2016/2276(INI),1a ______1a OJ C 331, 18.9.2018, p. 135

Or. en

Amendment 14 Andreas Schieder, Adriana Maldonado López, Clara Aguilera, Brando Benifei

Motion for a resolution Citation 7 a (new)

Motion for a resolution Amendment

- having regard to Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market,1a ______1a OJ L 376, 27.12.2006, p. 36–68

Or. en

Amendment 15 Eugen Jurzyca, Adam Bielan, Beata Mazurek

Motion for a resolution Citation 7 b (new)

Motion for a resolution Amendment

- having regard to the Commission recommendation (EU) 2018/334 of 1 March 2018 on measures to effectively tackle illegal content online,1a ______

PE650.712v01-00 8/163 AM\1204788EN.docx EN 1a OJ L 63, 6.3.2018, p. 50

Or. en

Amendment 16 Andreas Schieder, Adriana Maldonado López, Clara Aguilera, Brando Benifei

Motion for a resolution Citation 7 b (new)

Motion for a resolution Amendment

- having regard to the Report of April 2019 conducted by the Joint Research Centre of the European Commission on “The future of Cities”,

Or. en

Amendment 17 Martin Schirdewan, Emmanuel Maurel, Stelios Kouloglou

Motion for a resolution Citation 7 b (new)

Motion for a resolution Amendment

- having regard to the opinion of the Committee of the Regions (ECONVI/048) from 5 December 2019 on “a European framework for regulatory responses to the collaborative economy”,

Or. en

Amendment 18 Eugen Jurzyca, Adam Bielan, Beata Mazurek

Motion for a resolution Recital A

AM\1204788EN.docx 9/163 PE650.712v01-00 EN Motion for a resolution Amendment

A. whereas e-commerce influences the A. whereas e-commerce influences the everyday lives of people, businesses and everyday lives of people, businesses and consumers in the Union, and when consumers in the Union, and when operated in a fair and regulated level operated in a fair level playing field, may playing field, may contribute positively to have contributed positively to unlocking unlocking the potential of the Digital the potential of the Digital Single Market; Single Market, enhance consumer trust and whereas further discussion is needed in provide newcomers, and in particular order to find out whether and how to micro, small and medium enterprises, with enhance consumer trust and provide new market opportunities for sustainable newcomers, and in particular micro, small growth and jobs; and medium enterprises, with new market opportunities for sustainable growth and jobs;

Or. en

Amendment 19 Maria Grapini, Clara Aguilera, Marc Angel, Adriana Maldonado López

Motion for a resolution Recital A

Motion for a resolution Amendment

A. whereas e-commerce influences the A. whereas e-commerce influences the everyday lives of people, businesses and everyday lives of people, businesses and consumers in the Union, and when consumers in the Union, and when operated in a fair and regulated level operated in a fair and regulated level playing field, may contribute positively to playing field, may contribute positively to unlocking the potential of the Digital unlocking the potential of the Digital Single Market, enhance consumer trust and Single Market, enhance consumer trust and provide newcomers, and in particular provide newcomers, and in particular micro, small and medium enterprises, with micro, small and medium enterprises, with new market opportunities for sustainable new market opportunities for sustainable growth and jobs; growth, development and jobs;

Or. en

Amendment 20 Andreas Schieder, Sylvie Guillaume, Adriana Maldonado López, Clara Aguilera, Brando Benifei

PE650.712v01-00 10/163 AM\1204788EN.docx EN Motion for a resolution Recital A

Motion for a resolution Amendment

A. whereas e-commerce influences the A. whereas e-commerce influences the everyday lives of people, businesses and everyday lives of people, workers, consumers in the Union, and when businesses and consumers in the Union, operated in a fair and regulated level and when operated in a fair and regulated playing field, may contribute positively to level playing field, may contribute unlocking the potential of the Digital positively to unlocking the potential of the Single Market, enhance consumer trust and Digital Single Market, enhance consumer provide newcomers, and in particular trust and provide newcomers, and in micro, small and medium enterprises, with particular micro, small and medium new market opportunities for sustainable enterprises, with new market opportunities growth and jobs; for sustainable growth and jobs;

Or. en

Amendment 21 Marc Angel, Adriana Maldonado López, Clara Aguilera, Sándor Rónai

Motion for a resolution Recital A

Motion for a resolution Amendment

A. whereas e-commerce influences the A. whereas e-commerce influences the everyday lives of people, businesses and everyday lives of people, businesses and consumers in the Union, and when consumers in the Union, and when operated in a fair and regulated level operated in a fair and balanced legal playing field, may contribute positively to framework, contributes positively to unlocking the potential of the Digital unlocking the potential of the Digital Single Market, enhance consumer trust and Single Market, enhance consumer trust and provide newcomers, and in particular provide newcomers, and in particular micro, small and medium enterprises, with micro, small and medium enterprises, with new market opportunities for sustainable new market opportunities for sustainable growth and jobs; growth and jobs;

Or. en

Amendment 22 Andreas Schwab

AM\1204788EN.docx 11/163 PE650.712v01-00 EN Motion for a resolution Recital B

Motion for a resolution Amendment

B. whereas the Directive 2000/31/EC B. whereas the Directive 2000/31/EC of the European Parliament and of the of the European Parliament and of the Council2 (“the E-Commerce Directive”) Council2 (“the E-Commerce Directive”) has been one of the most successful pieces has been one of the most successful pieces of Union legislation and has shaped the of Union legislation and has shaped the Digital Single Market as we know it today; Digital Single Market as we know it today; whereas the E-Commerce Directive was whereas the E-Commerce Directive was adopted 20 years ago and no longer adopted 20 years ago, but has been adequately reflects the rapid adapted to today's e-commerce landscape transformation and expansion of e- with sector-specific legislation; commerce in all its forms, with its multitude of different emerging services, providers and challenges; ______2 Directive 2000/31/EC of the European 2 Directive 2000/31/EC of the European Parliament and of the Council of 8 June Parliament and of the Council of 8 June 2000 on certain legal aspects of 2000 on certain legal aspects of information society services, in particular information society services, in particular electronic commerce, in the Internal electronic commerce, in the Internal Market ('Directive on electronic Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1). commerce') (OJ L 178, 17.7.2000, p. 1).

Or. en

Amendment 23 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Liesje Schreinemacher,

Motion for a resolution Recital B

Motion for a resolution Amendment

B. whereas the Directive 2000/31/EC B. whereas the Directive 2000/31/EC of the European Parliament and of the of the European Parliament and of the Council2 (“the E-Commerce Directive”) Council2 (“the E-Commerce Directive”) has been one of the most successful pieces has been one of the most successful pieces of Union legislation and has shaped the of Union legislation and has shaped the Digital Single Market as we know it today; Digital Single Market as we know it today; whereas the E-Commerce Directive was whereas the E-Commerce Directive was adopted 20 years ago and no longer adopted 20 years ago and whereas since its

PE650.712v01-00 12/163 AM\1204788EN.docx EN adequately reflects the rapid adoption 20 years ago, the European transformation and expansion of e- Court of Justice has issued a number of commerce in all its forms, with its judgments in relation to it; whereas the multitude of different emerging services, clarifications made by the European providers and challenges; Court of Justice should be codified; ______2 Directive 2000/31/EC of the European 2 Directive 2000/31/EC of the European Parliament and of the Council of 8 June Parliament and of the Council of 8 June 2000 on certain legal aspects of 2000 on certain legal aspects of information society services, in particular information society services, in particular electronic commerce, in the Internal electronic commerce, in the Internal Market ('Directive on electronic Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1). commerce') (OJ L 178, 17.7.2000, p. 1).

Or. en

Amendment 24 Andreas Schieder, Adriana Maldonado López, Clara Aguilera

Motion for a resolution Recital B

Motion for a resolution Amendment

B. whereas the Directive 2000/31/EC B. whereas the Directive 2000/31/EC of the European Parliament and of the of the European Parliament and of the Council2 (“the E-Commerce Directive”) Council2 (“the E-Commerce Directive”) has been one of the most successful pieces has shaped the Digital Single Market as we of Union legislation and has shaped the know it today; whereas the E-Commerce Digital Single Market as we know it today; Directive was adopted 20 years ago, it whereas the E-Commerce Directive was offers unfair competitive advantages to adopted 20 years ago and no longer platforms compared to traditional adequately reflects the rapid transformation companies and no longer adequately and expansion of e-commerce in all its reflects the rapid transformation and forms, with its multitude of different expansion of e-commerce in all its forms, emerging services, providers and with its multitude of different emerging challenges; services, providers and challenges; ______2 Directive 2000/31/EC of the European 2 Directive 2000/31/EC of the European Parliament and of the Council of 8 June Parliament and of the Council of 8 June 2000 on certain legal aspects of 2000 on certain legal aspects of information society services, in particular information society services, in particular electronic commerce, in the Internal electronic commerce, in the Internal Market ('Directive on electronic Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1). commerce') (OJ L 178, 17.7.2000, p. 1).

AM\1204788EN.docx 13/163 PE650.712v01-00 EN Or. en

Amendment 25 Clara Ponsatí Obiols

Motion for a resolution Recital B

Motion for a resolution Amendment

B. whereas the Directive 2000/31/EC B. whereas the Directive 2000/31/EC of the European Parliament and of the of the European Parliament and of the Council2 (“the E-Commerce Directive”) Council2 (“the E-Commerce Directive”) has been one of the most successful pieces has been one of the most successful pieces of Union legislation and has shaped the of Union legislation and has shaped the Digital Single Market as we know it today; Digital Single Market as we know it today; whereas the E-Commerce Directive was whereas the E-Commerce Directive was adopted 20 years ago and no longer adopted 20 years ago and no longer adequately reflects the rapid transformation adequately reflects the rapid transformation and expansion of e-commerce in all its and expansion of e-commerce in all its forms, with its multitude of different forms, with its multitude of different emerging services, providers and emerging services, providers, forms of challenges; labour, and challenges; ______2 Directive 2000/31/EC of the European 2 Directive 2000/31/EC of the European Parliament and of the Council of 8 June Parliament and of the Council of 8 June 2000 on certain legal aspects of 2000 on certain legal aspects of information society services, in particular information society services, in particular electronic commerce, in the Internal electronic commerce, in the Internal Market ('Directive on electronic Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1). commerce') (OJ L 178, 17.7.2000, p. 1).

Or. en

Amendment 26 Maria Grapini, Clara Aguilera, Adriana Maldonado López

Motion for a resolution Recital B

Motion for a resolution Amendment

B. whereas the Directive 2000/31/EC B. whereas the Directive 2000/31/EC of the European Parliament and of the of the European Parliament and of the

PE650.712v01-00 14/163 AM\1204788EN.docx EN Council2 (“the E-Commerce Directive”) Council2 (“the E-Commerce Directive”) has been one of the most successful pieces has been one of the most successful pieces of Union legislation and has shaped the of Union legislation and has shaped the Digital Single Market as we know it today; Digital Single Market as we know it today; whereas the E-Commerce Directive was whereas the E-Commerce Directive was adopted 20 years ago and no longer adopted 20 years ago and no longer adequately reflects the rapid transformation adequately reflects the rapid transformation and expansion of e-commerce in all its and expansion of e-commerce in all its forms, with its multitude of different forms, with its multitude of different emerging services, providers and emerging services, products, providers and challenges; challenges; ______2 Directive 2000/31/EC of the European 2 Directive 2000/31/EC of the European Parliament and of the Council of 8 June Parliament and of the Council of 8 June 2000 on certain legal aspects of 2000 on certain legal aspects of information society services, in particular information society services, in particular electronic commerce, in the Internal electronic commerce, in the Internal Market ('Directive on electronic Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1). commerce') (OJ L 178, 17.7.2000, p. 1).

Or. en

Amendment 27 Marc Angel, Adriana Maldonado López, Clara Aguilera, Sándor Rónai

Motion for a resolution Recital B

Motion for a resolution Amendment

B. whereas the Directive 2000/31/EC B. whereas the Directive 2000/31/EC of the European Parliament and of the of the European Parliament and of the Council2 (“the E-Commerce Directive”) Council2 (“the E-Commerce Directive”) has been one of the most successful pieces has been one of the most successful pieces of Union legislation and has shaped the of Union legislation and has shaped the Digital Single Market as we know it today; Digital Single Market as we know it today; whereas the E-Commerce Directive was whereas the E-Commerce Directive was adopted 20 years ago and no longer adopted 20 years ago and requires adequately reflects the rapid updating, taking into account the rapid transformation and expansion of e- transformation and expansion of e- commerce in all its forms, with its commerce in all its forms, with its multitude of different emerging services, multitude of different emerging services, providers and challenges; providers and challenges; ______2 Directive 2000/31/EC of the European 2 Directive 2000/31/EC of the European

AM\1204788EN.docx 15/163 PE650.712v01-00 EN Parliament and of the Council of 8 June Parliament and of the Council of 8 June 2000 on certain legal aspects of 2000 on certain legal aspects of information society services, in particular information society services, in particular electronic commerce, in the Internal electronic commerce, in the Internal Market ('Directive on electronic Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1). commerce') (OJ L 178, 17.7.2000, p. 1).

Or. en

Amendment 28 Eugen Jurzyca, Adam Bielan, Beata Mazurek

Motion for a resolution Recital B

Motion for a resolution Amendment

B. whereas the Directive 2000/31/EC B. whereas the Directive 2000/31/EC of the European Parliament and of the of the European Parliament and of the Council2 (“the E-Commerce Directive”) Council2 (“the E-Commerce Directive”) has been one of the most successful pieces has been one of the most successful pieces of Union legislation and has shaped the of Union legislation and has shaped the Digital Single Market as we know it today; Digital Single Market as we know it today; whereas the E-Commerce Directive was whereas the E-Commerce Directive was adopted 20 years ago and no longer adopted 20 years ago and it may no longer adequately reflects the rapid adequately reflect the rapid transformation transformation and expansion of e- and expansion of e-commerce in all its commerce in all its forms, with its forms, with its multitude of different multitude of different emerging services, emerging services, providers and providers and challenges; challenges; ______2 Directive 2000/31/EC of the European 2 Directive 2000/31/EC of the European Parliament and of the Council of 8 June Parliament and of the Council of 8 June 2000 on certain legal aspects of 2000 on certain legal aspects of information society services, in particular information society services, in particular electronic commerce, in the Internal electronic commerce, in the Internal Market ('Directive on electronic Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1). commerce') (OJ L 178, 17.7.2000, p. 1).

Or. en

Amendment 29 Eugen Jurzyca, Adam Bielan, Beata Mazurek

PE650.712v01-00 16/163 AM\1204788EN.docx EN Motion for a resolution Recital B a (new)

Motion for a resolution Amendment

Ba. whereas Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market as amended by Directive (EU) 2019/2161 (EU) and Directives (EU) 2019/770 and (EU) 2019/771 on certain aspects concerning contracts for the supply of digital content and digital services and contracts for the sale of goods have only recently been adopted; whereas other proposals such as the proposal for Regulation on preventing the dissemination of terrorist content online and the proposal for a Directive on representative actions for the protection of the collective interests of consumers are in the legislative process;

Or. en

Amendment 30 Eugen Jurzyca, Adam Bielan, Beata Mazurek

Motion for a resolution Recital C

Motion for a resolution Amendment

C. whereas, despite the clarifications C. whereas, despite the clarifications made by the European Court of Justice, the made by the European Court of Justice need to go beyond the existing regulatory there seems to be a lack of enforcement framework is clearly demonstrated by the and cooperation between Member States; fragmented approach of Member States to tackling illegal content online, by the lack of enforcement and cooperation between Member State, and by the inability of the existing legal framework to promote effective market entry and consumer welfare;

Or. en

AM\1204788EN.docx 17/163 PE650.712v01-00 EN Amendment 31 Edina Tóth

Motion for a resolution Recital C

Motion for a resolution Amendment

C. whereas, despite the clarifications C. whereas, despite the clarifications made by the European Court of Justice, the made by the European Court of Justice, the need to go beyond the existing regulatory need to go beyond the existing regulatory framework is clearly demonstrated by the framework is clearly demonstrated by the fragmented approach of Member States to fragmented approach of Member States to tackling illegal content online, by the lack tackling illegal content online, by the lack of enforcement and cooperation between of enforcement and cooperation between Member State, and by the inability of the Member State, by the ever-increasing existing legal framework to promote quantity of illegal content online and the effective market entry and consumer impossibility of ensuring that such welfare; content stays down after being removed, and by the inability of the existing legal framework to promote effective market entry and consumer welfare;

Or. en

Amendment 32 Clara Ponsatí Obiols

Motion for a resolution Recital C

Motion for a resolution Amendment

C. whereas, despite the clarifications C. whereas, despite the clarifications made by the European Court of Justice, the made by the European Court of Justice, the need to go beyond the existing regulatory need to go beyond the existing regulatory framework is clearly demonstrated by the framework is clearly demonstrated by the fragmented approach of Member States to fragmented approach of Member States to tackling illegal content online, by the lack tackling illegal content online, by the lack of enforcement and cooperation between of enforcement and cooperation between Member State, and by the inability of the Member State, and by the inability of the existing legal framework to promote existing legal framework to promote effective market entry and consumer effective market entry and consumer welfare; welfare and prevent illegitimate interference with the right of freedom of

PE650.712v01-00 18/163 AM\1204788EN.docx EN expression;

Or. en

Amendment 33 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Liesje Schreinemacher, Svenja Hahn

Motion for a resolution Recital C

Motion for a resolution Amendment

C. whereas, despite the clarifications C. whereas currently Member States made by the European Court of Justice, have fragmented approach to tackling the need to go beyond the existing illegal content online as, since the entry regulatory framework is clearly into force of Directive 2000/31/EC, some demonstrated by the fragmented approach Member States have adopted their own of Member States to tackling illegal rules on 'notice-and-action' mechanisms; content online, by the lack of enforcement whereas there are therefore increasing and cooperation between Member State, differences between such national rules; and by the inability of the existing legal whereas, as a consequence, the service framework to promote effective market providers concerned can be subject to a entry and consumer welfare; range of different legal requirements which are diverging as to their content and scope;

Or. en

Amendment 34 Marc Angel, Maria Grapini, Sándor Rónai

Motion for a resolution Recital C

Motion for a resolution Amendment

C. whereas, despite the clarifications C. whereas, despite the clarifications made by the European Court of Justice, the made by the European Court of Justice, the need to go beyond the existing regulatory need to go beyond the existing regulatory framework is clearly demonstrated by the framework is justified by the fragmented fragmented approach of Member States to approach of Member States to tackling tackling illegal content online, by the lack illegal content online, by the complexity of of enforcement and cooperation between various EU rules applying to e-commerce, Member State, and by the inability of the by the lack of enforcement and cooperation

AM\1204788EN.docx 19/163 PE650.712v01-00 EN existing legal framework to promote between Member State, and by the effective market entry and consumer challenges of promoting effective market welfare; entry and consumer welfare;

Or. en

Amendment 35 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Liesje Schreinemacher, Sandro Gozi, Stéphanie Yon-Courtin, Svenja Hahn

Motion for a resolution Recital C a (new)

Motion for a resolution Amendment

Ca. whereas a recent Parliament study1a shows that the potential gain of completing the Digital Single Market for services could be up to €100 billion; whereas the Digital Services Act should not only be a way to regulate those services but should also aim at unlocking this potential to the benefit of the European economy; ______1a “Europe’s two trillion euro dividend, Mapping the Cost of Non-Europe 2019- 2024”, EPRS, PE 631.745, April 2019

Or. en

Amendment 36 Adam Bielan, Beata Mazurek, Andżelika Anna Możdżanowska

Motion for a resolution Recital C a (new)

Motion for a resolution Amendment

Ca. whereas recent efforts to introduce national regulations within the scope of the announced Digital Services Act could undermine the achievements made regarding the Digital Single Market and

PE650.712v01-00 20/163 AM\1204788EN.docx EN introduce barriers to the detriment of cross-border commerce;

Or. en

Amendment 37 Martin Schirdewan, Emmanuel Maurel, Stelios Kouloglou

Motion for a resolution Recital C a (new)

Motion for a resolution Amendment

Ca. whereas a small number of companies developed a market dominance by acquiring an unprecedented level of knowledge about people’s lives;

Or. en

Amendment 38 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Liesje Schreinemacher, Svenja Hahn

Motion for a resolution Recital C b (new)

Motion for a resolution Amendment

Cb. whereas the E-Commerce Directive provides the foundations for the Digital Single Market by setting out the country of origin principle, forbidding any form of prior authorisation, establishing a limited liability regime and a ban on a general monitoring obligation, and great care must be taken to not alter these principles if the Commission decides to propose to amend, widen, or limit this Directive;

Or. en

AM\1204788EN.docx 21/163 PE650.712v01-00 EN Amendment 39 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Liesje Schreinemacher, Sandro Gozi, Stéphanie Yon-Courtin, Svenja Hahn

Motion for a resolution Recital D

Motion for a resolution Amendment

D. whereas the social and economic D. whereas the social and economic challenges brought by the COVID-19 challenges brought by the COVID-19 pandemic are showing the resilience of the pandemic are showing the resilience of the e-commerce sector and its potential as a e-commerce sector and its potential as a driver for relaunching the European driver for relaunching the European economy; whereas, at the same time, the economy; whereas the Commission pandemic has also exposed serious contacted a number of platforms, social shortcomings of the current regulatory media, search engines and market places framework which call for action at Union rapidly to require their cooperation in level to address the difficulties identified taking down scams from their platforms; and to prevent them from happening in whereas platforms replied positively to the future; this call for cooperation and since then a rapid and efficient information exchange is in place; whereas, at the same time, the pandemic has also shown that platforms and online intermediation services need to step up their efforts to rapidly detect and take down fake claims and tackling the misleading practices of rogue traders in a consistent and coordinated manner, in particular of those selling false medical equipment online; whereas this calls for action at Union level to have a more coherent and coordinated approach to combat these misleading practices;

Or. en

Amendment 40 Adam Bielan, Beata Mazurek, Eugen Jurzyca, Andżelika Anna Możdżanowska

Motion for a resolution Recital D

Motion for a resolution Amendment

D. whereas the social and economic D. whereas the COVID-19 outbreak challenges brought by the COVID-19 caused major supply and demand shocks,

PE650.712v01-00 22/163 AM\1204788EN.docx EN pandemic are showing the resilience of adversely affected European businesses the e-commerce sector and its potential as and has brought new social and economic a driver for relaunching the European challenges that deeply affect our citizens; economy; whereas, at the same time, the whereas the e-commerce sector showed pandemic has also exposed serious resilience and offers potential as a driver shortcomings of the current regulatory for relaunching the European economy; framework which call for action at Union level to address the difficulties identified and to prevent them from happening in the future;

Or. en

Amendment 41 Eugen Jurzyca

Motion for a resolution Recital D

Motion for a resolution Amendment

D. whereas the social and economic D. whereas the social and economic challenges brought by the COVID-19 challenges brought by the COVID-19 pandemic are showing the resilience of the pandemic are showing the resilience of the e-commerce sector and its potential as a e-commerce sector and its potential as a driver for relaunching the European driver for relaunching the European economy; whereas, at the same time, the economy; whereas the Commission pandemic has also exposed serious welcomed the positive approach by the shortcomings of the current regulatory platforms after sending them the letters framework which call for action at Union on 23 March 2020; level to address the difficulties identified and to prevent them from happening in the future;

Or. en

Amendment 42 Arba Kokalari

Motion for a resolution Recital D

Motion for a resolution Amendment

D. whereas the social and economic D. whereas the social and economic

AM\1204788EN.docx 23/163 PE650.712v01-00 EN challenges brought by the COVID-19 challenges brought by the COVID-19 pandemic are showing the resilience of the pandemic are showing the resilience of the e-commerce sector and its potential as a e-commerce sector and its potential as a driver for relaunching the European driver for relaunching the European economy; whereas, at the same time, the economy; whereas, at the same time, the pandemic has also exposed serious pandemic has also exposed inadequate shortcomings of the current regulatory compliance with the consumer protection framework which call for action at Union acquis in some areas, such as passenger level to address the difficulties identified rights; and to prevent them from happening in the future;

Or. sv

Amendment 43 Maria Grapini, Clara Aguilera, Adriana Maldonado López

Motion for a resolution Recital D

Motion for a resolution Amendment

D. whereas the social and economic D. whereas the social challenges and challenges brought by the COVID-19 economic losses brought by the COVID-19 pandemic are showing the resilience of the pandemic are showing the resilience of the e-commerce sector and its potential as a e-commerce sector and its potential as a driver for relaunching the European driver for relaunching the European economy; whereas, at the same time, the economy; whereas, at the same time, the pandemic has also exposed serious pandemic has also exposed serious shortcomings of the current regulatory shortcomings of the current regulatory framework which call for action at Union framework which call for action at Union level to address the difficulties identified level to address the difficulties identified and to prevent them from happening in the and to prevent them from happening in the future; future;

Or. en

Amendment 44 Jordi Cañas

Motion for a resolution Recital D a (new)

PE650.712v01-00 24/163 AM\1204788EN.docx EN Motion for a resolution Amendment

Da. whereas the evolving development and use of internet platforms for a wide set of activities, including commercial activities and sharing goods and services, have changed the ways in which users and companies interact with content providers, traders and other individuals offering goods and services, and makes difficult to elaborate a single definition of online platforms; whereas the digital single market cannot succeed without users’ trust in online platforms that respect all applicable legislation and the legitimate interests of users; whereas any future regulatory framework should also address intrusive business models, behavioural manipulation and discriminatory practices, which have major effects to the detriment of the functioning of the Internal Market and users’ fundamental rights;

Or. en

Amendment 45 Alex Agius Saliba, Adriana Maldonado López, Maria-Manuel Leitão-Marques, Clara Aguilera, Brando Benifei, Maria Grapini, Andreas Schieder, Evelyne Gebhardt, Biljana Borzan, Sylvie Guillaume

Motion for a resolution Recital D a (new)

Motion for a resolution Amendment

Da. whereas services provided by online platforms at no monetary cost to consumers are nevertheless ultimately funded through online advertising designed to maximise the amount of user attention dedicated to the platform and to keep users as much time as possible on the platform itself; whereas there is a need to depart from the current purely “advertisement-centric” model to an

AM\1204788EN.docx 25/163 PE650.712v01-00 EN approach where the focus is on the interest of citizens in accessing and sharing of high quality contents, the interest of consumers to broaden their choices and opportunities, and the interest of advertisers in broadening their audience and customer base;

Or. en

Amendment 46 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Liesje Schreinemacher, Sandro Gozi, Stéphanie Yon-Courtin, Svenja Hahn

Motion for a resolution Recital D a (new)

Motion for a resolution Amendment

Da. whereas scandals recently emerged regarding data harvesting and selling, Cambridge Analytica, fake news, political advertising and manipulation and a host of other online harms (from hate speech to the broadcast of terrorism);

Or. en

Amendment 47 Adam Bielan, Beata Mazurek, Eugen Jurzyca, Andżelika Anna Możdżanowska

Motion for a resolution Recital D a (new)

Motion for a resolution Amendment

Da. whereas legal certainty and business-friendly legislation is essential to seed and grow innovative businesses in the Union, and to further close the gap to the global digital leaders;

Or. en

PE650.712v01-00 26/163 AM\1204788EN.docx EN Amendment 48 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Liesje Schreinemacher, Sandro Gozi, Stéphanie Yon-Courtin, Svenja Hahn

Motion for a resolution Recital D b (new)

Motion for a resolution Amendment

Db. whereas Directive (EU) 2019/770, Directive (EU) 2019/771, and Directive (EU) 2019/2161 were all adopted less than a year ago and are still in the process of being implemented and transposed into national legislation;

Or. en

Amendment 49 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Liesje Schreinemacher, Svenja Hahn

Motion for a resolution Recital D c (new)

Motion for a resolution Amendment

Dc. whereas Regulation (EU) 2019/1150 on promoting fairness and transparency for business users of online intermediation services only came into force in July 2019 and is only binding on platforms from 12 July 2020;

Or. en

Amendment 50 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Liesje Schreinemacher, Sandro Gozi, Stéphanie Yon-Courtin, Svenja Hahn

Motion for a resolution Recital D d (new)

AM\1204788EN.docx 27/163 PE650.712v01-00 EN Motion for a resolution Amendment

Dd. whereas the COVID-19 pandemic has shown how vulnerable EU consumers are to misleading trading practices by dishonest traders selling illegal products online that are not compliant with Union safety rules or imposing unjustified and abusive price increases or other unfair conditions on consumers; whereas this problem is aggravated by the fact that often the identity of these companies cannot be established;

Or. en

Amendment 51 Pablo Arias Echeverría, Pilar del Castillo Vera, Róża Thun und Hohenstein, Tomislav Sokol, Andrey Kovatchev, Edina Tóth, Maria da Graça Carvalho, Pascal Arimont, Kris Peeters, Romana Tomc

Motion for a resolution Recital E

Motion for a resolution Amendment

E. whereas in its communication to the E. whereas in its communication to the European Parliament, the Council, the European Parliament, the Council, the European Economic and Social Committee European Economic and Social Committee and the Committee of the Regions of 19 and the Committee of the Regions of 19 February 2020 “Shaping Europe’s digital February 2020 “Shaping Europe’s digital future”, the Commission committed itself future”, the Commission committed itself to adopting, as part of the Digital Services to adopting, as part of the Digital Services Act package, new and revised rules for Act package, new and revised rules for online platforms and information service online platforms and information service provider; to reinforcing the oversight over provider; to reinforcing the oversight over platforms’ content policies in the EU; and, platforms’ content policies in the EU; and, to looking into ex ante rules to ensure that to looking into ex ante rules to ensure that large platforms with significant network large platforms with significant network effects, acting as gatekeepers, remain fair effects, acting as gatekeepers, remain fair and contestable for innovators, businesses, and contestable for innovators, businesses, and new market entrants; including SMEs, start-ups, entrepreneurs and new market entrants; believes that the Digital Services Act should complement the existing legal framework together with other relevant legislation, such as rules on

PE650.712v01-00 28/163 AM\1204788EN.docx EN consumer protection, enforcement, product safety, market surveillance, competition, geo-blocking, audio-visual media services, copyright and the General Data Protection Regulation;

Or. en

Amendment 52 Adriana Maldonado López, Clara Aguilera, Marc Angel

Motion for a resolution Recital E

Motion for a resolution Amendment

E. whereas in its communication to the E. whereas in its communication to the European Parliament, the Council, the European Parliament, the Council, the European Economic and Social Committee European Economic and Social Committee and the Committee of the Regions of 19 and the Committee of the Regions of 19 February 2020 “Shaping Europe’s digital February 2020 “Shaping Europe’s digital future”, the Commission committed itself future”, the Commission committed itself to adopting, as part of the Digital Services to adopting, as part of the Digital Services Act package, new and revised rules for Act package, new and revised rules for online platforms and information service online platforms and information service provider; to reinforcing the oversight over provider; to reinforcing platform platforms’ content policies in the EU; and, accountability and the oversight over to looking into ex ante rules to ensure that platforms’ content policies in the EU; and, large platforms with significant network to looking into ex ante rules to ensure that effects, acting as gatekeepers, remain fair large platforms with significant network and contestable for innovators, businesses, effects, acting as gatekeepers, remain fair and new market entrants; and contestable for innovators, businesses, and new market entrants;

Or. es

Amendment 53 Petra Kammerevert

Motion for a resolution Recital E

Motion for a resolution Amendment

E. whereas in its communication to the E. whereas in its communication to the

AM\1204788EN.docx 29/163 PE650.712v01-00 EN European Parliament, the Council, the European Parliament, the Council, the European Economic and Social Committee European Economic and Social Committee and the Committee of the Regions of 19 and the Committee of the Regions of 19 February 2020 “Shaping Europe’s digital February 2020 “Shaping Europe’s digital future”, the Commission committed itself future”, the Commission committed itself to adopting, as part of the Digital Services to adopting, as part of the Digital Services Act package, new and revised rules for Act package, new and revised rules for online platforms and information service online platforms and information service provider; to reinforcing the oversight over provider; to reinforcing the oversight over platforms’ content policies in the EU; and, platforms’ content policies in the EU; and, to looking into ex ante rules to ensure that to looking into ex ante rules to ensure that large platforms with significant network dominant platforms with network effects, effects, acting as gatekeepers, remain fair acting as gatekeepers, remain fair and and contestable for innovators, businesses, contestable for innovators, businesses, and and new market entrants; new market entrants;

Or. de

Amendment 54 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Recital E a (new)

Motion for a resolution Amendment

Ea. whereas content hosting intermediaries often take voluntary decisions regarding the legality of content and employ automated content recognition tools which raises concerns as regards the rule of law and the right to an effective remedy, in contravention of Article 52.1 of the European Charter of Fundamental Rights, stating that any limitation on the exercise of the rights and freedoms must be provided for by law;

Or. en

Amendment 55 Eugen Jurzyca, Adam Bielan, Beata Mazurek

PE650.712v01-00 30/163 AM\1204788EN.docx EN Motion for a resolution Recital E a (new)

Motion for a resolution Amendment

Ea. whereas the E-Commerce Directive requires platforms to take down illegal activity and illegal information but does not define them, which makes it hardly distinguishable from other harmful but not illegal content;

Or. en

Amendment 56 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Recital E b (new)

Motion for a resolution Amendment

Eb. whereas automated content recognition tools replicate, reinforce and prolong pre-existing biases, discrimination, errors and assumptions about individuals or demographic groups on the basis of gender, race, religion, political opinion or social origin;

Or. en

Amendment 57 Eugen Jurzyca, Adam Bielan, Beata Mazurek

Motion for a resolution Recital E b (new)

Motion for a resolution Amendment

Eb. whereas not the occasional reprehensible cases, but rather relevant data, statistics and analyses should

AM\1204788EN.docx 31/163 PE650.712v01-00 EN demonstrate a need for any further measures;

Or. en

Amendment 58 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Recital E c (new)

Motion for a resolution Amendment

Ec. whereas internal rules, such as terms and conditions or community guidelines, of systemic operators are determined unilaterally, whereby users often cannot access the platform of the operator without accepting its internal rules and have to waive all rights and remedies towards the operator;

Or. en

Amendment 59 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Recital E d (new)

Motion for a resolution Amendment

Ed. whereas the activity of profiling coupled with targeted advertisements not only undermines the democratic society, but also leads to an unfair competitive advantage for dominant private actors collecting large amounts of data;

Or. en

PE650.712v01-00 32/163 AM\1204788EN.docx EN Amendment 60 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Recital E e (new)

Motion for a resolution Amendment

Ee. whereas the choice of algorithmic tools for recommendation systems raises accountability and transparency concerns; therefore stresses the need to guarantee the possibility of users to choose whether they want recommendations and personalisation by opting in to such services;

Or. en

Amendment 61 Pablo Arias Echeverría, Pilar del Castillo Vera, Tomislav Sokol, Andrey Kovatchev, Pascal Arimont, Kris Peeters, Romana Tomc, Andreas Schwab

Motion for a resolution Paragraph 1

Motion for a resolution Amendment

1. Welcomes the Commission’s 1. Welcomes the Commission’s commitment to submit a proposal for a commitment to submit a proposal for a Digital Services Act package, and, on the Digital Services Act package, consisting of basis of Article 225 of the Treaty on the a directive amending the E-Commerce Functioning of the European Union Directive and a proposal for a Regulation (TFEU), calls on the Commission to on ex-ante rules on large platforms with a submit such a package on the basis of the gatekeeper role, and, on the basis of relevant Articles of the Treaties, following Article 225 of the Treaty on the the recommendations set out in the Annex Functioning of the European Union hereto; (TFEU), calls on the Commission to submit such a package on the basis of the relevant Articles of the Treaties, following the recommendations set out in the Annex hereto;

AM\1204788EN.docx 33/163 PE650.712v01-00 EN Or. en

Amendment 62 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Liesje Schreinemacher, Sandro Gozi, Stéphanie Yon-Courtin

Motion for a resolution Paragraph 1

Motion for a resolution Amendment

1. Welcomes the Commission’s 1. Welcomes the Commission’s commitment to submit a proposal for a commitment to submit a proposal for a Digital Services Act package, and, on the Digital Services Act package, and, on the basis of Article 225 of the Treaty on the basis of Article 225 of the Treaty on the Functioning of the European Union Functioning of the European Union (TFEU), calls on the Commission to (TFEU), calls on the Commission to follow submit such a package on the basis of the the recommendations set out in the Annex relevant Articles of the Treaties, following hereto; the recommendations set out in the Annex hereto;

Or. en

Amendment 63 Eugen Jurzyca

Motion for a resolution Paragraph 1

Motion for a resolution Amendment

1. Welcomes the Commission’s 1. Welcomes the Commission’s commitment to submit a proposal for a commitment to submit a proposal for a Digital Services Act package, and, on the Digital Services Act package, and, on the basis of Article 225 of the Treaty on the basis of Article 225 of the Treaty on the Functioning of the European Union Functioning of the European Union (TFEU), calls on the Commission to (TFEU), calls on the Commission to submit such a package on the basis of the submit such a package on the basis of the relevant Articles of the Treaties, following relevant Articles of the Treaties, analyses the recommendations set out in the Annex of relevant data and best practices hereto; following the recommendations set out in the Annex hereto;

Or. en

PE650.712v01-00 34/163 AM\1204788EN.docx EN Amendment 64 Alex Agius Saliba

Motion for a resolution Paragraph 1

Motion for a resolution Amendment

1. Welcomes the Commission’s 1. Welcomes the Commission’s commitment to submit a proposal for a commitment to submit a proposal for a Digital Services Act package, and, on the Digital Services Act package, and, on the basis of Article 225 of the Treaty on the basis of Article 225 of the Treaty on the Functioning of the European Union Functioning of the European Union (TFEU), calls on the Commission to (TFEU), calls on the Commission to submit such a package on the basis of the submit such a package on the basis of the relevant Articles of the Treaties, following relevant Articles of the Treaties and in the recommendations set out in the Annex particular Article 114 TFEU, following hereto; the recommendations set out in the Annex hereto;

Or. en

Amendment 65 Arba Kokalari

Motion for a resolution Paragraph 1 a (new)

Motion for a resolution Amendment

1a. Calls on the Commission, in drafting the Digital Services Act, to take into account legislation covering digital services which has not yet taken effect, such as Regulation 2019/1150 on promoting fairness and transparency for business users of online intermediation services and Directive 2019/790 on copyright and related rights in the digital single market and amending Directives 96/9/EC and 2001/29/EC;

Or. sv

AM\1204788EN.docx 35/163 PE650.712v01-00 EN Amendment 66 Eugen Jurzyca

Motion for a resolution Paragraph 1 a (new)

Motion for a resolution Amendment

1a. Reiterates that the European Parliament resolution of 15 June 2017 on online platforms and the digital single market (2016/2276(INI)) is still up to date;

Or. en

Amendment 67 Eugen Jurzyca, Adam Bielan, Beata Mazurek

Motion for a resolution Paragraph 1 b (new)

Motion for a resolution Amendment

1b. Reminds that it is of an utmost importance to prepare the proposal cautiously, following facts, statistics and best practices rather than several condemnable cases, outdated or partial statistics, in order to avoid any unintended consequences, hampering innovation and choice of consumers; stresses that gold- plating practices of Union legislation by Member States and unnecessary regulatory burdens or unnecessary restrictions must be avoided and the new obligations for platforms should be proportional and their meaning clear;

Or. en

Amendment 68 Arba Kokalari

PE650.712v01-00 36/163 AM\1204788EN.docx EN Motion for a resolution Paragraph 1 b (new)

Motion for a resolution Amendment

1b. Stresses that inadequate compliance with current legislation in the digital sector contributes to fragmentation of the internal market and creates uncertainty for consumers; calls on the Commission to take steps to improve compliance with legislation in the digital economy in parallel with the development of new legislation;

Or. sv

Amendment 69 Eugen Jurzyca

Motion for a resolution Paragraph 1 c (new)

Motion for a resolution Amendment

1c. Encourages the Commission to work on a clear and easily understandable text for all related parties, such as consumers, enforcement authorities and information society services, which would not have to be subject of wide interpretation by the Court of Justice of the EU;

Or. en

Amendment 70 Arba Kokalari

Motion for a resolution Paragraph 1 c (new)

Motion for a resolution Amendment

1c. Calls on the Commission to

AM\1204788EN.docx 37/163 PE650.712v01-00 EN propose the Digital Services Act as a regulation to reduce the risk of fragmentation of the digital single market;

Or. sv

Amendment 71 Eugen Jurzyca, Adam Bielan, Beata Mazurek

Motion for a resolution Paragraph 1 d (new)

Motion for a resolution Amendment

1d. Reiterates its belief that an evidence-based approach is essential for generating a comprehensive understanding in this field; asks the Commission to provide a detailed analysis on the need for and impact of the Digital Single Act package;

Or. en

Amendment 72 Eugen Jurzyca

Motion for a resolution Paragraph 1 e (new)

Motion for a resolution Amendment

1e. Is disappointed that although the Commission was supposed to have been working on gathering information at the time of the adoption of European Parliament resolution of 15 June 2017 on online platforms and the digital single market (2016/2276(INI)) , it has not yet released relevant information, statistics, data, comparisons of best practices needed to prepare responsible direction for a new proposal;

PE650.712v01-00 38/163 AM\1204788EN.docx EN Or. en

Amendment 73 Eugen Jurzyca, Adam Bielan, Beata Mazurek

Motion for a resolution Paragraph 1 f (new)

Motion for a resolution Amendment

1f. Given the specific nature of the services covered by the E-Commerce Directive and the need to involve highly specialized experts, asks the Commission to provide a detailed quantification of the financial burden of the future proposal on the Union budget and the budgets of the Member States;

Or. en

Amendment 74 Eugen Jurzyca, Adam Bielan, Beata Mazurek

Motion for a resolution Paragraph 1 g (new)

Motion for a resolution Amendment

1g. Welcomes the Commission soft- law instruments used in recent years to help understanding of legislative environment of platforms for all stakeholders, such as Commission Recommendation (EU) 2018/334 of 1 March 2018 on measures to effectively tackle illegal content online; believes that the Commission should issue guidelines and recommendations for explaining digital services regulatory environment in order to secure rights of online users while stimulating innovation;

Or. en

AM\1204788EN.docx 39/163 PE650.712v01-00 EN Amendment 75 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Paragraph 2

Motion for a resolution Amendment

2. Recognises the importance of the 2. Recognises the importance of the legal framework set out by the E- legal framework set out by the E- Commerce Directive in the development of Commerce Directive in the development of online services in the Union and in online services in the Union and in particular its internal market clause, particular its internal market clause, through which home country control and through which home country control and the obligation on Member States to ensure the obligation on Member States to ensure the free movement of information society the free movement of information society services have been established; services have been established; calls however on an update of the territorial scope to include information society services not established in the Union, where their activities are related to: (a) the offering of goods or services, irrespective of whether a payment is required, to consumers or users in the Union; or (b) the monitoring of their behaviour as far as their behaviour takes place within the Union;

Or. en

Amendment 76 Geoffroy Didier

Motion for a resolution Paragraph 2

Motion for a resolution Amendment

2. Recognises the importance of the 2. Recognises the importance of the legal framework set out by the E- legal framework set out by the E- Commerce Directive in the development of Commerce Directive in the development of online services in the Union and in online services in the Union and in particular its internal market clause, particular its internal market clause,

PE650.712v01-00 40/163 AM\1204788EN.docx EN through which home country control and through which home country control and the obligation on Member States to ensure the obligation on Member States to ensure the free movement of information society the free movement of information society services have been established; services have been established; recalls that the new rules on digital services will have to apply, like the e-Commerce Directive, without prejudice to the Copyright Directive, the GDPR or the Audiovisual Media Services Directive;

Or. fr

Amendment 77 Marc Angel, Adriana Maldonado López, Maria Grapini, Clara Aguilera, Sándor Rónai

Motion for a resolution Paragraph 2

Motion for a resolution Amendment

2. Recognises the importance of the 2. Recognises the importance of the legal framework set out by the E- legal framework set out by the E- Commerce Directive in the development of Commerce Directive in the development of online services in the Union and in online services in the Union and in particular its internal market clause, particular its internal market clause, through which home country control and through which home country control and the obligation on Member States to ensure the obligation on Member States to ensure the free movement of information society the free movement of information society services have been established; services have been established; highlights that the legal certainty brought by the E- Commerce Directive has provided SMEs with the opportunity to expand their business and to sell more easily across borders;

Or. en

Amendment 78 Andreas Schwab

Motion for a resolution Paragraph 2

AM\1204788EN.docx 41/163 PE650.712v01-00 EN Motion for a resolution Amendment

2. Recognises the importance of the 2. Recognises the importance of the legal framework set out by the E- legal framework set out by the E- Commerce Directive in the development of Commerce Directive in the development of online services in the Union and in online services in the Union and in particular its internal market clause, particular its internal market clause, through which home country control and through which home country control and the obligation on Member States to ensure the obligation on Member States to ensure the free movement of information society the free movement of information society services have been established; services have been established and underlines the importance the E- Commerce Directive has had in the development of the Digital Single Market;

Or. en

Amendment 79 Andreas Schieder, Adriana Maldonado López, Clara Aguilera

Motion for a resolution Paragraph 2

Motion for a resolution Amendment

2. Recognises the importance of the 2. Recognises the importance of the legal framework set out by the E- legal framework set out by the E- Commerce Directive in the development of Commerce Directive in the development of online services in the Union and in online services in the Union; notes particular its internal market clause, however, that the provisions of the E- through which home country control and Commerce Directive have promoted the obligation on Member States to ensure unequal business conditions in the the free movement of information society platform economy at the expense of services have been established; traditional businesses, which makes a revision of the Directive necessary;

Or. en

Amendment 80 Pablo Arias Echeverría, Pilar del Castillo Vera, Tomislav Sokol, Andrey Kovatchev, Pascal Arimont, Kris Peeters, Romana Tomc, Anna-Michelle Asimakopoulou, Andreas Schwab

PE650.712v01-00 42/163 AM\1204788EN.docx EN Motion for a resolution Paragraph 2 a (new)

Motion for a resolution Amendment

(a) Stresses the importance to address the remaining unjustified obstacles to the Digital Single Market and avoid protectionist measures, which are sometimes used by Member States to boost national competition. For example, settling the costs of cross-border disputes, suppliers’ restrictions to selling cross- border, delivery-related matters, taxation rules, limited cross-border access to goods and services due to differences in intellectual property rights law, access to information on the relevant regulatory requirements, complex administrative procedures, as well as ensuring that no new barriers are created;

Or. en

Amendment 81 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Liesje Schreinemacher

Motion for a resolution Paragraph 2 a (new)

Motion for a resolution Amendment

2a. Stresses that Commission should, ahead of a possible revision of the E- Commerce Directive, complete a full public consultation, including an in person stakeholder hearing, and a full impact assessment, take into account the lessons learned from the COVID-19 crisis and from the European Parliament resolutions; similarly, stresses that this must also apply to other potential pieces of the Digital Services Act package;

Or. en

AM\1204788EN.docx 43/163 PE650.712v01-00 EN Amendment 82 Andreas Schwab

Motion for a resolution Paragraph 2 a (new)

Motion for a resolution Amendment

2a. Stresses especially the importance of the internal market clause and reminds that remaining unjustified obstacles to the digital single market need to be addressed in order to make use of its full potential;

Or. en

Amendment 83 Antonius Manders

Motion for a resolution Paragraph 2 a (new)

Motion for a resolution Amendment

2a. Stresses the need to remove the remaining unjustified obstacles to the Digital Single Market and avoid protectionist measures, which are sometimes used by Member States to boost national competitiveness;

Or. en

Amendment 84 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Liesje Schreinemacher, Svenja Hahn

Motion for a resolution Paragraph 2 b (new)

Motion for a resolution Amendment

2b. Underlines that, if a revision is

PE650.712v01-00 44/163 AM\1204788EN.docx EN approved by the co-legislators, that implementation of the final adopted legislations should be supported by the adoption of Vademecums and implementation guidelines;

Or. en

Amendment 85 Andreas Schieder, Adriana Maldonado López, Clara Aguilera

Motion for a resolution Paragraph 3

Motion for a resolution Amendment

3. Considers that the main principles 3. Stresses that the main goal must of the E-Commerce Directive, such as the be fair competition between the market internal market clause, freedom of participants; considers that the main establishment and the prohibition on principles of the E-Commerce Directive imposing a general monitoring obligation such as the internal market clause, freedom should be maintained; underlines that the of establishment and the prohibition on principle of “what is illegal offline is also imposing a general monitoring obligation illegal online”, as well as the principles of should be preserved in general, but consumer protection and user safety, adjusted and reviewed in order to reflect should also become guiding principles of the current state-of-the-art; underlines that the future regulatory framework; the principle "taxes and duties must be paid in that country where the economic activity takes place" and the principle of “what is illegal offline is also illegal online”, as well as the principles of consumer protection and user safety, should also become guiding principles of the future regulatory framework; stresses that for effective legal enforcement of national or regional laws through public administrations, overriding reasons of public interest should be defined and taken into account in a future regulatory framework;

Or. en

Amendment 86 Marco Zullo

AM\1204788EN.docx 45/163 PE650.712v01-00 EN Motion for a resolution Paragraph 3

Motion for a resolution Amendment

3. Considers that the main principles 3. Considers that the main principles of the E-Commerce Directive, such as the of the E-Commerce Directive, such as the internal market clause, freedom of internal market clause, freedom of establishment and the prohibition on establishment and the prohibition on imposing a general monitoring obligation imposing a general monitoring obligation should be maintained; underlines that the should be maintained; underlines that the principle of “what is illegal offline is also principle of “what is illegal offline is also illegal online”, as well as the principles of illegal online”, as well as the principles of consumer protection and user safety, consumer protection and user safety, should also become guiding principles of should also become guiding principles of the future regulatory framework; the future regulatory framework; asks the Commission to provide the necessary legal certainty regarding certain definitions contained in the E-Commerce Directive, such as 'active’ and ‘passive’ nature and the meaning of the purely 'technical nature' of service providers and to specify, therefore, which digital services actually fall within its scope;

Or. it

Amendment 87 Pablo Arias Echeverría, Pilar del Castillo Vera, Tomislav Sokol, Andrey Kovatchev, Edina Tóth, Romana Tomc, Andreas Schwab

Motion for a resolution Paragraph 3

Motion for a resolution Amendment

3. Considers that the main principles 3. Considers that the main principles of the E-Commerce Directive, such as the of the E-Commerce Directive, such as the internal market clause, freedom of internal market clause, freedom of establishment and the prohibition on establishment and the prohibition on imposing a general monitoring obligation imposing a general monitoring obligation should be maintained; underlines that the should be maintained; underlines that the principle of “what is illegal offline is also principle of “what is illegal offline is also illegal online”, as well as the principles of illegal online”, as well as the principles of

PE650.712v01-00 46/163 AM\1204788EN.docx EN consumer protection and user safety, consumer protection and user safety, should also become guiding principles of should also become guiding principles of the future regulatory framework; the future regulatory framework; highlights that all platforms must have the same duty to protect consumers whereby asymmetrical legislation which targets only certain market actors can be introduced solely as a means to tackle market-related problems;

Or. en

Amendment 88 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Svenja Hahn

Motion for a resolution Paragraph 3

Motion for a resolution Amendment

3. Considers that the main principles 3. Considers that the main principles of the E-Commerce Directive, such as the of the E-Commerce Directive, such as the internal market clause, freedom of internal market clause, freedom of establishment and the prohibition on establishment and the prohibition on imposing a general monitoring obligation imposing a general monitoring obligation should be maintained; underlines that the should be maintained; underlines that the principle of “what is illegal offline is also principle of “what is illegal offline is also illegal online”, as well as the principles of illegal online”, as well as the principles of consumer protection and user safety, consumer protection and user safety, should also become guiding principles of should also become guiding principles of the future regulatory framework; the future regulatory framework; at the same time, underlines the opposite must be equally true in that digital goods and services must be able to freely move within the Single Market similarly to the free movement of physical goods and offline services;

Or. en

Amendment 89 Dan-Ștefan Motreanu

AM\1204788EN.docx 47/163 PE650.712v01-00 EN Motion for a resolution Paragraph 3

Motion for a resolution Amendment

3. Considers that the main principles 3. Considers that the main principles of the E-Commerce Directive, such as the of the E-Commerce Directive, such as the internal market clause, freedom of internal market clause, freedom of establishment and the prohibition on establishment and the prohibition on imposing a general monitoring obligation imposing a general monitoring obligation should be maintained; underlines that the as defined in the E-Commerce Directive principle of “what is illegal offline is also and clarified by the Court of Justice of the illegal online”, as well as the principles of European Union should be maintained; consumer protection and user safety, underlines that the principle of “what is should also become guiding principles of illegal offline is also illegal online”, as well the future regulatory framework; as the principles of consumer protection and user safety, should also become guiding principles of the future regulatory framework and must clearly be enforced, including new obligations for active platforms;

Or. en

Amendment 90 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Paragraph 3

Motion for a resolution Amendment

3. Considers that the main principles 3. Considers that the main principles of the E-Commerce Directive, such as the of the E-Commerce Directive, such as the internal market clause, freedom of internal market clause, freedom of establishment and the prohibition on establishment and the prohibition on imposing a general monitoring obligation imposing a general monitoring obligation should be maintained; underlines that the should be maintained; underlines that the principle of “what is illegal offline is also principle of “what is illegal offline is also illegal online”, as well as the principles of illegal online”, the rights and freedoms consumer protection and user safety, guaranteed under the Charter of should also become guiding principles of Fundamental Rights as well as the the future regulatory framework; principles of consumer protection and user safety, should also become guiding principles of the future regulatory

PE650.712v01-00 48/163 AM\1204788EN.docx EN framework;

Or. en

Amendment 91 Eugen Jurzyca

Motion for a resolution Paragraph 3

Motion for a resolution Amendment

3. Considers that the main principles 3. Considers that unless proven of the E-Commerce Directive, such as the otherwise by relevant data, the provisions internal market clause, freedom of of the E-Commerce Directive, including establishment and the prohibition on the main principles, such as the internal imposing a general monitoring obligation market clause, freedom of establishment should be maintained; underlines that the and the prohibition on imposing a general principle of “what is illegal offline is also monitoring obligation should be illegal online”, as well as the principles of maintained; underlines that the principle of consumer protection and user safety, “what is illegal offline is also illegal should also become guiding principles of online”, as well as the principles of the future regulatory framework; consumer protection and user safety, should also become guiding principles of the future regulatory framework;

Or. en

Amendment 92 Clara Ponsatí Obiols

Motion for a resolution Paragraph 3

Motion for a resolution Amendment

3. Considers that the main principles 3. Considers that the main principles of the E-Commerce Directive, such as the of the E-Commerce Directive, such as the internal market clause, freedom of internal market clause, freedom of establishment and the prohibition on establishment and the prohibition on imposing a general monitoring obligation imposing a general monitoring obligation should be maintained; underlines that the should be maintained; underlines that the principle of “what is illegal offline is also principle of “what is illegal offline is also illegal online”, as well as the principles of illegal online”, as well as the principles of consumer protection and user safety, protection of fundamental rights,

AM\1204788EN.docx 49/163 PE650.712v01-00 EN should also become guiding principles of consumer protection and user safety, the future regulatory framework; should also become guiding principles of the future regulatory framework;

Or. en

Amendment 93 Marc Angel, Maria Grapini, Sándor Rónai

Motion for a resolution Paragraph 3

Motion for a resolution Amendment

3. Considers that the main principles 3. Considers that the main principles of the E-Commerce Directive, such as the of the E-Commerce Directive, such as the internal market clause, freedom of internal market clause, freedom of establishment and the prohibition on establishment and the prohibition on imposing a general monitoring obligation imposing a general monitoring obligation should be maintained; underlines that the should be maintained; underlines that the principle of “what is illegal offline is also principle of “what is illegal offline is also illegal online”, as well as the principles of illegal online”, as well as the principles of consumer protection and user safety, consumer protection and user safety, should also become guiding principles of should also remain guiding principles of the future regulatory framework; the future regulatory framework;

Or. en

Amendment 94 Marco Campomenosi, Antonio Maria Rinaldi, Isabella Tovaglieri, Markus Buchheit, Jean-Lin Lacapelle on behalf of the ID Group Alessandra Basso

Motion for a resolution Paragraph 3

Motion for a resolution Amendment

3. Considers that the main principles 3. Considers that the main principles of the E-Commerce Directive, such as the of the E-Commerce Directive, such as the internal market clause, freedom of internal market clause, freedom of establishment and the prohibition on establishment and the prohibition on imposing a general monitoring obligation imposing a general monitoring obligation should be maintained; underlines that the should be maintained; underlines that the

PE650.712v01-00 50/163 AM\1204788EN.docx EN principle of “what is illegal offline is also principle of “what is illegal offline is also illegal online”, as well as the principles of illegal online”, as well as the principles of consumer protection and user safety, consumer protection and user safety, must should also become guiding principles of become guiding principles of the future the future regulatory framework; regulatory framework;

Or. en

Amendment 95 Adam Bielan, Beata Mazurek, Eugen Jurzyca, Andżelika Anna Możdżanowska

Motion for a resolution Paragraph 3

Motion for a resolution Amendment

3. Considers that the main principles 3. Stresses that the main principles of of the E-Commerce Directive, such as the the E-Commerce Directive, such as the internal market clause, freedom of internal market clause, freedom of establishment and the prohibition on establishment and the prohibition on imposing a general monitoring obligation imposing a general monitoring obligation should be maintained; underlines that the should be maintained; underlines that the principle of “what is illegal offline is also principle of “what is illegal offline is also illegal online”, as well as the principles of illegal online”; considers that the consumer protection and user safety, consumer protection and user safety, should also become guiding principles of should also become guiding principles of the future regulatory framework; the future regulatory framework;

Or. en

Amendment 96 Beata Mazurek, Andżelika Anna Możdżanowska

Motion for a resolution Paragraph 3 a (new)

Motion for a resolution Amendment

3a. Highlights that there are distinctions and differences between digital services providers and the services they provide; stresses that what might make sense for some digital services providers in terms of content moderation may not be appropriate, nor technically

AM\1204788EN.docx 51/163 PE650.712v01-00 EN feasible, for other types of services; therefore, calls on the Commission consider sector or purpose specific requirements approach;

Or. en

Amendment 97 Evelyne Gebhardt, Monika Beňová, Andreas Schieder

Motion for a resolution Paragraph 3 a (new)

Motion for a resolution Amendment

3a. Recalls that given the extension of the scope of the E-Commerce Directive to all digital services, for those services covered by the Services Directive, the country of destination principle as stipulated in the Services Directive should apply. This is necessary to ensure the principle of “what is illegal offline is also illegal online”.

Or. en

Amendment 98 Eugen Jurzyca, Adam Bielan

Motion for a resolution Paragraph 3 a (new)

Motion for a resolution Amendment

3a. Notes that rules on consumer protection and user safety, including their enforcement rules, are well established by both, the EU and national legislation; Asks the Commission to provide analyses about the enforcement of these rules and potential shortcomings in enforcement;

Or. en

PE650.712v01-00 52/163 AM\1204788EN.docx EN Amendment 99 Andreas Schieder

Motion for a resolution Paragraph 4

Motion for a resolution Amendment

4. Stresses that a future-proof, 4. Stresses that a future-proof, comprehensive EU-level framework and comprehensive EU-level framework and fair competition are crucial in order to fair competition are crucial in order to promote the growth of European small- promote the growth of European small- scale platforms, small and medium scale platforms, small and medium enterprises (SMEs) and start-ups, prevent enterprises (SMEs) and start-ups, prevent market fragmentation and provide market fragmentation and provide European businesses with a level playing European businesses with a level playing field that enables them to better profit from field that enables them to better profit from the digital services market and be more the digital services market and be more competitive on the world stage; competitive on the world stage; suggests the implementation of thresholds for further regulation (e.g. on illegal content, law enforcement etc.) of providers to be able to categorize them in "large providers", "medium providers" and "small providers"; Recalls that fair regulation and fair competition between providers with a significant digital presence and small providers is needed;

Or. en

Amendment 100 Eugen Jurzyca, Adam Bielan, Beata Mazurek

Motion for a resolution Paragraph 4

Motion for a resolution Amendment

4. Stresses that a future-proof, 4. Stresses that fair competition and a comprehensive EU-level framework and predictable, comprehensive EU-level fair competition are crucial in order to framework without unnecessary burdens promote the growth of European small- and restrictions are crucial in order to scale platforms, small and medium promote the growth of all businesses in the enterprises (SMEs) and start-ups, prevent field, including European small-scale

AM\1204788EN.docx 53/163 PE650.712v01-00 EN market fragmentation and provide platforms, small and medium enterprises European businesses with a level playing (SMEs) and start-ups and provide field that enables them to better profit from businesses, including the European ones, the digital services market and be more with a level playing field that enables them competitive on the world stage; to better profit from the digital services market and be competitive on the world stage;

Or. en

Amendment 101 Marc Angel, Maria Grapini, Sándor Rónai

Motion for a resolution Paragraph 4

Motion for a resolution Amendment

4. Stresses that a future-proof, 4. Stresses that a future-proof, clear comprehensive EU-level framework and and consistent EU-level framework and fair competition are crucial in order to fair competition are crucial in order to promote the growth of European small- promote the growth of European small- scale platforms, small and medium scale platforms, small and medium enterprises (SMEs) and start-ups, prevent enterprises (SMEs) and start-ups, remove market fragmentation and provide market fragmentation and provide European businesses with a level playing European businesses with a level playing field that enables them to better profit from field that enables them to easily sell across the digital services market and be more borders, reach a critical mass and competitive on the world stage; economies of scale in the digital services market and become more competitive on the world stage;

Or. en

Amendment 102 Arba Kokalari

Motion for a resolution Paragraph 4

Motion for a resolution Amendment

4. Stresses that a future-proof, 4. Stresses that a future-proof, comprehensive EU-level framework and comprehensive EU-level framework and fair competition are crucial in order to fair competition are crucial in order to

PE650.712v01-00 54/163 AM\1204788EN.docx EN promote the growth of European small- increase exchanges of services between scale platforms, small and medium Member States, promote the growth of enterprises (SMEs) and start-ups, prevent European small-scale platforms, small and market fragmentation and provide medium enterprises (SMEs) and start-ups, European businesses with a level playing prevent market fragmentation and provide field that enables them to better profit from European businesses with a level playing the digital services market and be more field that enables them to better profit from competitive on the world stage; the digital services market and be more competitive on the world stage;

Or. sv

Amendment 103 Pablo Arias Echeverría, Pilar del Castillo Vera, Tomislav Sokol, Andrey Kovatchev, Edina Tóth, Pascal Arimont, Marion Walsmann, Kris Peeters, Romana Tomc, Andreas Schwab

Motion for a resolution Paragraph 4

Motion for a resolution Amendment

4. Stresses that a future-proof, 4. Stresses that a future-proof, comprehensive EU-level framework and comprehensive EU-level framework and fair competition are crucial in order to fair competition are crucial in order to promote the growth of European small- promote the growth of European small- scale platforms, small and medium scale platforms, small and medium enterprises (SMEs) and start-ups, prevent enterprises (SMEs), micro companies, market fragmentation and provide entrepreneurs and start-ups, prevent European businesses with a level playing market fragmentation and provide field that enables them to better profit from European businesses with a level playing the digital services market and be more field that enables them to better profit from competitive on the world stage; the digital services market and be more competitive on the world stage;

Or. en

Amendment 104 Petra Kammerevert

Motion for a resolution Paragraph 4

AM\1204788EN.docx 55/163 PE650.712v01-00 EN Motion for a resolution Amendment

4. Stresses that a future-proof, 4. Stresses that a future-proof, comprehensive EU-level framework and comprehensive EU-level framework and fair competition are crucial in order to fair competition are crucial in order to promote the growth of European small- promote the growth of European platforms, scale platforms, small and medium small and medium enterprises (SMEs) and enterprises (SMEs) and start-ups, prevent start-ups, prevent market fragmentation market fragmentation and provide and provide European businesses with a European businesses with a level playing level playing field that enables them to field that enables them to better profit from better profit from the digital services the digital services market and be more market and be more competitive on the competitive on the world stage; world stage;

Or. de

Amendment 105 Tsvetelina Penkova, Eva Kaili

Motion for a resolution Paragraph 4 a (new)

Motion for a resolution Amendment

4a. Calls on the Commission to coordinate the activities of Digital Single Market with the ones of the Capital Markets Union, especially regarding the methodology that CMU adopts for the transition from open banking to open finance, in order to make sure that innovative enterprises will be able to have access to critical data so as to improve their capacity in developing digital products and services that the consumers value ; underscores the statement of the Executive VP of the Commission Mr Vestager on this matter and asks any future regulatory framework proposed by the Commission regarding the EU's Data Strategy to have explicit recommendations on this issue;

Or. en

PE650.712v01-00 56/163 AM\1204788EN.docx EN Amendment 106 Marco Campomenosi, Antonio Maria Rinaldi, Isabella Tovaglieri, Markus Buchheit, Jean-Lin Lacapelle on behalf of the ID Group Alessandra Basso

Motion for a resolution Paragraph 4 a (new)

Motion for a resolution Amendment

4a. Stresses that European SMEs and start-ups should be able to compete on a level playing field with non-EU ones; notes that European businesses are often unable to access the same amount and quality of datasets as non EU-businesses, which undermines the competitiveness of European businesses in the European and global markets;

Or. en

Amendment 107 Marc Angel, Adriana Maldonado López, Maria Grapini, Clara Aguilera, Sándor Rónai

Motion for a resolution Paragraph 4 a (new)

Motion for a resolution Amendment

4a. Highlights that a fully integrated Single Market for e-commerce will greatly benefit consumers by removing regulatory fragmentation which is one of the root causes of geoblocking;

Or. en

Amendment 108 Marc Angel, Adriana Maldonado López, Maria Grapini, Clara Aguilera, Sándor Rónai

Motion for a resolution Paragraph 4 b (new)

AM\1204788EN.docx 57/163 PE650.712v01-00 EN Motion for a resolution Amendment

4b. Calls on the Commission to make use of the most efficient regulatory tools, in particular harmonisation and mutual recognition, as highlighted in the interinstitutional agreement on better law- making;

Or. en

Amendment 109 Marc Angel, Brando Benifei, Adriana Maldonado López, Maria Grapini, Clara Aguilera, Sándor Rónai

Motion for a resolution Paragraph 4 c (new)

Motion for a resolution Amendment

4c. Invites the Commission to thoroughly examine the clarity and consistency of the existing legal framework applying to online sales in order to identify possible gaps and contradictions; highlights that the goal of the DSA should be to stimulate sustainable growth and online sales across the Single Market, while guaranteeing a high level of consumer protection;

Or. en

Amendment 110 Adam Bielan, Eugen Jurzyca, Andżelika Anna Możdżanowska

Motion for a resolution Paragraph 5

Motion for a resolution Amendment

5. Takes the view that a level playing deleted field in the internal market between the

PE650.712v01-00 58/163 AM\1204788EN.docx EN platform economy and the "traditional" offline economy, based on the same rights and obligations for all interested parties - consumers and businesses - is needed; considers that social protection and social rights of workers, especially of platform or collaborative economy workers should be properly addressed in a specific instrument, accompanying the future regulatory framework;

Or. en

Amendment 111 Andreas Schwab

Motion for a resolution Paragraph 5

Motion for a resolution Amendment

5. Takes the view that a level playing deleted field in the internal market between the platform economy and the "traditional" offline economy, based on the same rights and obligations for all interested parties - consumers and businesses - is needed; considers that social protection and social rights of workers, especially of platform or collaborative economy workers should be properly addressed in a specific instrument, accompanying the future regulatory framework;

Or. en

Amendment 112 Eugen Jurzyca, Beata Mazurek

Motion for a resolution Paragraph 5

AM\1204788EN.docx 59/163 PE650.712v01-00 EN Motion for a resolution Amendment

5. Takes the view that a level playing deleted field in the internal market between the platform economy and the "traditional" offline economy, based on the same rights and obligations for all interested parties - consumers and businesses - is needed; considers that social protection and social rights of workers, especially of platform or collaborative economy workers should be properly addressed in a specific instrument, accompanying the future regulatory framework;

Or. en

Amendment 113 Alex Agius Saliba, Adriana Maldonado López, Maria-Manuel Leitão-Marques, Clara Aguilera, Brando Benifei, Maria Grapini, Andreas Schieder, Sándor Rónai, Evelyne Gebhardt, Biljana Borzan, Sylvie Guillaume

Motion for a resolution Paragraph 5

Motion for a resolution Amendment

5. Takes the view that a level playing 5. Takes the view that a level playing field in the internal market between the field in the internal market between the platform economy and the "traditional" platform economy and the "traditional" offline economy, based on the same rights offline economy, based on the same rights and obligations for all interested parties - and obligations for all interested parties - consumers and businesses - is needed; consumers and businesses - is needed; considers that social protection and social considers that social protection and the full rights of workers, especially of platform or access to and respect of fundamental and collaborative economy workers should be social rights for all workers should be properly addressed in a specific instrument, ensured, especially of non-standard accompanying the future regulatory workers, including platform or framework; collaborative economy workers; considers necessary that these conditions and the obligations of digital labour platforms as employers be properly addressed and guaranteed in a specific binding legal instrument, to be presented at the same time of the future regulatory framework of

PE650.712v01-00 60/163 AM\1204788EN.docx EN the Digital Services Act;

Or. en

Amendment 114 Marco Zullo

Motion for a resolution Paragraph 5

Motion for a resolution Amendment

5. Takes the view that a level playing 5. Takes the view that a level playing field in the internal market between the field in the internal market between the platform economy and the "traditional" platform economy and the "traditional" offline economy, based on the same rights offline economy, based on the same rights and obligations for all interested parties - and obligations for all interested parties - consumers and businesses - is needed; consumers and businesses - is needed; considers that social protection and social considers that social protection and social rights of workers, especially of platform or rights of workers, especially of platform or collaborative economy workers should be collaborative economy workers should be properly addressed in a specific instrument, properly addressed in a specific instrument, accompanying the future regulatory accompanying the future regulatory framework; framework, focusing on new transport services and short-term leases, necessitating legal certainty at European level and an approach that facilitates the sharing of platform data with market surveillance authorities;

Or. it

Amendment 115 Clara Ponsatí Obiols

Motion for a resolution Paragraph 5

Motion for a resolution Amendment

5. Takes the view that a level playing 5. Takes the view that a level playing field in the internal market between the field in the internal market between the platform economy and the "traditional" platform economy and the "traditional" offline economy, based on the same rights offline economy, based on the same rights and obligations for all interested parties - and obligations for all interested parties -

AM\1204788EN.docx 61/163 PE650.712v01-00 EN consumers and businesses - is needed; consumers and businesses - is needed; considers that social protection and social considers that social protection and social rights of workers, especially of platform or rights of workers, especially of platform or collaborative economy workers should be collaborative economy workers, regardless properly addressed in a specific instrument, of whether they are formally employed, accompanying the future regulatory should be properly addressed in a specific framework; instrument, accompanying the future regulatory framework, which ensures protection against vulnerable working conditions and sets out enforceability mechanisms to ensure compliance by the platforms;

Or. en

Amendment 116 Andreas Schieder, Sylvie Guillaume, Adriana Maldonado López, Clara Aguilera

Motion for a resolution Paragraph 5

Motion for a resolution Amendment

5. Takes the view that a level playing 5. Takes the view that a level playing field in the internal market between the field in the internal market between the platform economy and the "traditional" platform economy and the "traditional" offline economy, based on the same rights offline economy, based on the same rights and obligations for all interested parties - and obligations for all interested parties - consumers and businesses - is needed; consumers and businesses - is needed; considers that social protection and social stresses that platforms must have the rights of workers, especially of platform or same employer status as traditional collaborative economy workers should be companies and that social protection and properly addressed in a specific instrument, social rights of workers, especially of accompanying the future regulatory platform or collaborative economy workers framework; needs to be properly addressed in a specific instrument, accompanying the future regulatory framework; recalls that such a specific instrument needs to be ready before the Digital Services Act enters into force;

Or. en

Amendment 117 Pablo Arias Echeverría, Pilar del Castillo Vera, Tomislav Sokol, Andrey Kovatchev,

PE650.712v01-00 62/163 AM\1204788EN.docx EN Edina Tóth, Maria da Graça Carvalho, Pascal Arimont, Kris Peeters, Andreas Schwab, Romana Tomc

Motion for a resolution Paragraph 5

Motion for a resolution Amendment

5. Takes the view that a level playing 5. Takes the view that a level playing field in the internal market between the field in the internal market between the platform economy and the "traditional" platform economy and the "traditional" offline economy, based on the same rights offline economy, based on the same rights and obligations for all interested parties - and obligations for all interested parties - consumers and businesses - is needed; consumers and businesses - is needed; considers that social protection and social rights of workers, especially of platform or collaborative economy workers should be properly addressed in a specific instrument, accompanying the future regulatory framework;

Or. en

Amendment 118 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Paragraph 5

Motion for a resolution Amendment

5. Takes the view that a level playing 5. Takes the view that a level playing field in the internal market between the field in the internal market between the platform economy and the "traditional" platform economy and the "traditional" offline economy, based on the same rights offline economy is needed; considers that and obligations for all interested parties - social protection and social rights of consumers and businesses - is needed; workers, especially of platform or considers that social protection and social collaborative economy workers should be rights of workers, especially of platform or properly addressed in a specific instrument, collaborative economy workers should be accompanying the future regulatory properly addressed in a specific instrument, framework; asks the Commission to accompanying the future regulatory introduce further information obligation framework; for collaborative economy platforms in line with data protection rules, as it is essential for local authorities in order to

AM\1204788EN.docx 63/163 PE650.712v01-00 EN ensure the availability of affordable housing;

Or. en

Amendment 119 Andreas Schieder, Sylvie Guillaume, Adriana Maldonado López, Clara Aguilera

Motion for a resolution Paragraph 5

Motion for a resolution Amendment

5. Takes the view that a level playing 5. Takes the view that a level playing field in the internal market between the field in the internal market between the platform economy and the "traditional" platform economy and the "traditional" offline economy, based on the same rights offline economy, in line with existing and obligations for all interested parties - competition law and maintaining the consumers and businesses - is needed; principle of "what is illegal offline is considers that social protection and social illegal online", based on the same rights rights of workers, especially of platform or and obligations for all interested parties - collaborative economy workers should be consumers and businesses - is needed; properly addressed in a specific instrument, considers that social protection and social accompanying the future regulatory rights of workers, especially of platform or framework; collaborative economy workers should be properly addressed in a specific instrument, accompanying the future regulatory framework;

Or. en

Amendment 120 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Liesje Schreinemacher, Sandro Gozi, Stéphanie Yon-Courtin, Svenja Hahn

Motion for a resolution Paragraph 5

Motion for a resolution Amendment

5. Takes the view that a level playing 5. Takes the view that a level playing field in the internal market between the field in the internal market between the platform economy and the "traditional" platform economy and the "traditional" offline economy, based on the same rights offline economy, based on the same rights and obligations for all interested parties - and obligations for all interested parties -

PE650.712v01-00 64/163 AM\1204788EN.docx EN consumers and businesses - is needed; consumers and businesses - is needed; considers that social protection and social considers that the Digital Single Act rights of workers, especially of platform or should not tackle the issue of platform collaborative economy workers should be workers; notes that a report is being properly addressed in a specific prepared by the relevant committee of the instrument, accompanying the future European Parliament on “Fair working regulatory framework; conditions, rights and social protection for platform workers - New forms of employment linked to digital development”;

Or. en

Amendment 121 Tsvetelina Penkova

Motion for a resolution Paragraph 5

Motion for a resolution Amendment

5. Takes the view that a level playing 5. Takes the view that a level playing field in the internal market between the field in the internal market between the platform economy and the "traditional" platform economy and the "traditional" offline economy, based on the same rights offline economy, based on the same rights and obligations for all interested parties - and obligations for all interested parties - consumers and businesses - is needed; consumers and businesses - is needed; considers that social protection and social considers that social protection and social rights of workers, especially of platform or rights of workers, especially of platform or collaborative economy workers should be collaborative economy workers should be properly addressed in a specific instrument, properly addressed in a specific instrument, accompanying the future regulatory accompanying the future regulatory framework; framework, which promotes innovation and job creation;

Or. en

Amendment 122 Arba Kokalari

Motion for a resolution Paragraph 5

AM\1204788EN.docx 65/163 PE650.712v01-00 EN Motion for a resolution Amendment

5. Takes the view that a level playing 5. Takes the view that a level playing field in the internal market between the field in the internal market between the platform economy and the "traditional" platform economy and the "traditional" offline economy, based on the same rights offline economy, based on the same rights and obligations for all interested parties – and obligations for all interested parties – consumers and businesses – is needed; consumers and businesses – is needed; considers that social protection and social considers that social protection and social rights of workers, especially of platform or rights of workers employed by platforms or collaborative economy workers should be collaborative economy workers should be properly addressed in a specific regulated independently by Member instrument, accompanying the future States; regulatory framework;

Or. sv

Amendment 123 Eugen Jurzyca, Adam Bielan, Beata Mazurek, Andżelika Anna Możdżanowska

Motion for a resolution Paragraph 5

Motion for a resolution Amendment

5. Takes the view that a level playing 5. Takes the view that a level playing field in the internal market between the field in the internal market between the platform economy and the "traditional" platform economy and the "traditional" offline economy, based on the same rights offline economy, based on the same rights and obligations for all interested parties - and obligations for all interested parties - consumers and businesses - is needed; consumers and businesses - is needed; considers that social protection and social considers that social protection and social rights of workers, especially of platform or rights of workers, especially of platform or collaborative economy workers should be collaborative economy workers should be properly addressed in a specific properly addressed; instrument, accompanying the future regulatory framework;

Or. en

Amendment 124 Marc Angel

PE650.712v01-00 66/163 AM\1204788EN.docx EN Motion for a resolution Paragraph 5

Motion for a resolution Amendment

5. Takes the view that a level playing 5. Takes the view that a level playing field in the internal market between the field in the internal market between the platform economy and the "traditional" platform economy and the "traditional" offline economy, based on the same rights offline economy, is needed for all and obligations for all interested parties - interested parties; considers that social consumers and businesses - is needed; protection and social rights of workers, considers that social protection and social especially of platform or collaborative rights of workers, especially of platform or economy workers should be properly collaborative economy workers should be addressed in a specific instrument, properly addressed in a specific instrument, accompanying the future regulatory accompanying the future regulatory framework; framework;

Or. en

Amendment 125 Adam Bielan, Beata Mazurek, Eugen Jurzyca

Motion for a resolution Paragraph 5

Motion for a resolution Amendment

5. Takes the view that a level playing 5. Takes the view that differentiating field in the internal market between the between the “digital” single market and platform economy and the "traditional" the “offline” single market does not offline economy, based on the same rights describe market realities; supports a level and obligations for all interested parties - playing field for all participants of the consumers and businesses - is needed; internal market; notes that social protection considers that social protection and social and social rights of workers, especially of rights of workers, especially of platform or platform or collaborative economy workers collaborative economy workers should be are subject to national policies and should properly addressed in a specific be only addressed on the EU level in instrument, accompanying the future accordance to the proportionality and regulatory framework; subsidiarity principles;

Or. en

Amendment 126 Anna-Michelle Asimakopoulou

AM\1204788EN.docx 67/163 PE650.712v01-00 EN Motion for a resolution Paragraph 5

Motion for a resolution Amendment

5. Takes the view that a level playing 5. Takes the view that a level playing field in the internal market between the field in the internal market between the platform economy and the "traditional" platform economy and the "traditional" offline economy, based on the same rights economy, based on the same rights and and obligations for all interested parties - obligations for all interested parties - consumers and businesses - is needed; consumers and businesses - is needed; considers that social protection and social considers that social protection and social rights of workers, especially of platform or rights of workers, especially of platform or collaborative economy workers should be collaborative economy workers should be properly addressed in a specific instrument, properly addressed in a specific instrument, accompanying the future regulatory accompanying the future regulatory framework; framework;

Or. en

Amendment 127 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Liesje Schreinemacher, Svenja Hahn

Motion for a resolution Paragraph 5 a (new)

Motion for a resolution Amendment

5a. Calls on the Commission to focus its work and to ensure that any legislation is targeted and limited; encourages the Commission to refrain from any attempt to cover all long standing Digital Single Market issues within a single package; underlines that the previous Commission already had an extensive digital agenda and that there is a need to assess its effect before regulating again on the same issue; underlines in particular that Directive (EU) 2019/770 and Directive (EU) 2019/771 are still to be properly transposed and implemented; asks the Commission to take this into account before taking additional measures;

PE650.712v01-00 68/163 AM\1204788EN.docx EN Or. en

Amendment 128 Brando Benifei, Maria Grapini, Andreas Schieder, Sylvie Guillaume, Adriana Maldonado López, Clara Aguilera

Motion for a resolution Paragraph 5 a (new)

Motion for a resolution Amendment

5a. The legal instrument should end the misclassification of workers that deprives them of their rights, a worker should be presumed to be employed until proven otherwise; it should also ensure fair working conditions, health and safety at the workplace and full social protection for non-standard workers; the rights to bargain collectively and to take collective action must not be restricted and collective agreements covering non- standard workers and platform workers (including the self-employed) should be considered to fall outside the scope of Article 101 TFEU;

Or. en

Amendment 129 Pilar del Castillo Vera, Pablo Arias Echeverría

Motion for a resolution Paragraph 5 a (new)

Motion for a resolution Amendment

5a. Highlights that the regulatory framework in the electronic communications sector through the imposition of remedies over the last 30 years together with a continuous revision of the relevant markets subject to ex-ante regulation, has created a competitive communication’s market in Europe; notes

AM\1204788EN.docx 69/163 PE650.712v01-00 EN that the use of the Significant Market Power criteria would provide the best basis to determine the dominance of digital gatekeepers as well and the imposition of remedies aimed at ensuring competition and preserving innovation in digital markets;

Or. en

Amendment 130 Andreas Schieder, Adriana Maldonado López, Clara Aguilera

Motion for a resolution Paragraph 5 a (new)

Motion for a resolution Amendment

5a. Calls upon the European Commission to undertake further research on the financialisation and touristification of housing markets, including speculation, money laundering and tax evasion and its consequences for the functioning of the internal market;

Or. en

Amendment 131 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Liesje Schreinemacher, Svenja Hahn

Motion for a resolution Paragraph 5 b (new)

Motion for a resolution Amendment

5b. Recalls that a large number of legislative, administrative decisions, and contractual relationships uses the definitions and the rules of the E- Commerce Directive and that any change to them will therefore have important consequences; considers then that care

PE650.712v01-00 70/163 AM\1204788EN.docx EN must be taken before doing so;

Or. en

Amendment 132 Andreas Schieder, Adriana Maldonado López, Clara Aguilera, Maria Grapini

Motion for a resolution Paragraph 5 b (new)

Motion for a resolution Amendment

5b. Stresses that reliable data at European level on real estate transactions are vital to prevent distortions in Europe´s cities and regions housing markets; recalls that more transparency, as by a European registry, could also prevent money laundering in this sector;

Or. en

Amendment 133 Pablo Arias Echeverría, Pilar del Castillo Vera, Róża Thun und Hohenstein, Tomislav Sokol, Andrey Kovatchev, Edina Tóth, Maria da Graça Carvalho, Pascal Arimont, Kris Peeters, Romana Tomc, Anna-Michelle Asimakopoulou, Andreas Schwab

Motion for a resolution Paragraph 6

Motion for a resolution Amendment

6. Considers that the Digital Services 6. Considers that the Digital Services Act should be based on public values of the Act should be based on public values of the Union protecting citizens’ rights should Union protecting citizens’ rights should aim to foster the creation of a rich and aim to foster the creation of a rich and diverse online ecosystem with a wide range diverse online ecosystem with a wide range of online services, favourable digital of online services, favourable digital environment and legal certainty to unlock environment and legal certainty to unlock the full potential of the Digital Single the full potential of the Digital Single Market; Market; believes that the EU should focus on removing existing obstacles in the Digital Single Market and on ensuring consumer and fundamental rights protection as one of the main objectives of

AM\1204788EN.docx 71/163 PE650.712v01-00 EN the reform of the E-Commerce Directive; considers in this context that the Single Market objective can only be achieved if consumer trust is ensured; believes that the updated E-Commerce rules must clearly establish that consumer law and product safety requirements fall within their scope of application in order to ensure legal certainty;

Or. en

Amendment 134 Antonius Manders

Motion for a resolution Paragraph 6

Motion for a resolution Amendment

6. Considers that the Digital Services 6. Considers that the Digital Services Act should be based on public values of the Act should be based on public values of the Union protecting citizens’ rights should Union protecting citizens’ rights should aim to foster the creation of a rich and aim to foster the creation of a rich and diverse online ecosystem with a wide range diverse online ecosystem with a wide range of online services, favourable digital of online services, favourable digital environment and legal certainty to unlock environment and legal certainty to unlock the full potential of the Digital Single the full potential of the Digital Single Market; Market; believes that the EU should focus on removing obstacles in the Digital Single Market and on ensuring consumer rights protection as one of the main objectives of the reform of the E- Commerce Directive; considers that consumer trust needs to be ensured;

Or. en

Amendment 135 Martin Schirdewan, Emmanuel Maurel, Stelios Kouloglou, Anne-Sophie Pelletier

Motion for a resolution Paragraph 6

PE650.712v01-00 72/163 AM\1204788EN.docx EN Motion for a resolution Amendment

6. Considers that the Digital Services 6. Considers that the Digital Services Act should be based on public values of Act should be based on a European public the Union protecting citizens’ rights value approach going beyond the should aim to foster the creation of a rich economic sphere, protecting all and diverse online ecosystem with a wide fundamental rights, including non- range of online services, favourable digital discrimination, privacy, dignity, fairness environment and legal certainty to unlock as well as free speech and rule of law and the full potential of the Digital Single should aim to foster the creation of a rich Market; and diverse online ecosystem with a wide range of online services, favourable digital environment and legal certainty to unlock the full potential of the Digital Single Market;

Or. en

Amendment 136 Anne-Sophie Pelletier

Motion for a resolution Paragraph 6

Motion for a resolution Amendment

6. Considers that the Digital Services 6. Considers that the Digital Services Act should be based on public values of Act should be based on a European public the Union protecting citizens’ rights value approach going beyond the should aim to foster the creation of a rich economic sphere, protecting all and diverse online ecosystem with a wide fundamental rights, including non- range of online services, favourable digital discrimination, privacy, dignity, fairness environment and legal certainty to unlock as well as free speech and rule of law and the full potential of the Digital Single should aim to foster the creation of a rich Market; and diverse online ecosystem with a wide range of online services, favourable digital environment and legal certainty to unlock the full potential of the Digital Single Market;

Or. en

Amendment 137 Maria Grapini, Clara Aguilera, Marc Angel, Adriana Maldonado López

AM\1204788EN.docx 73/163 PE650.712v01-00 EN Motion for a resolution Paragraph 6

Motion for a resolution Amendment

6. Considers that the Digital Services 6. Considers that the Digital Services Act should be based on public values of the Act should be based on public values of the Union protecting citizens’ rights should Union protecting citizens’ rights should aim to foster the creation of a rich and aim to foster the creation of a rich and diverse online ecosystem with a wide range diverse online ecosystem with a wide range of online services, favourable digital of online services, favourable digital environment and legal certainty to unlock environment, legal certainty, transparency the full potential of the Digital Single and the possibility to contest the non- Market; compliance of products and services to unlock the full potential of the Digital Single Market;

Or. en

Amendment 138 Marco Zullo

Motion for a resolution Paragraph 6

Motion for a resolution Amendment

6. Considers that the Digital Services 6. Considers that the Digital Services Act should be based on public values of the Act should be based on public values of the Union protecting citizens’ rights should Union protecting citizens’ rights, including aim to foster the creation of a rich and measures to combat discrimination and diverse online ecosystem with a wide range embrace the most vulnerable, should aim of online services, favourable digital to foster the creation of a rich and diverse environment and legal certainty to unlock online ecosystem with a wide range of the full potential of the Digital Single online services, favourable digital Market; environment and legal certainty to unlock the full potential of the Digital Single Market;

Or. it

Amendment 139 Eugen Jurzyca, Adam Bielan, Beata Mazurek

PE650.712v01-00 74/163 AM\1204788EN.docx EN Motion for a resolution Paragraph 6

Motion for a resolution Amendment

6. Considers that the Digital Services 6. Considers that the Digital Services Act should be based on public values of the Act should be based on public values of the Union protecting citizens’ rights should Union protecting citizens’ rights and aim to foster the creation of a rich and particularly the safeguard of freedom of diverse online ecosystem with a wide range speech and expression, should aim to of online services, favourable digital foster the creation of a rich and diverse environment and legal certainty to unlock online ecosystem with a wide range of the full potential of the Digital Single online services, favourable digital Market; environment and legal certainty to unlock the full potential of the Digital Single Market;

Or. en

Amendment 140 Monika Beňová

Motion for a resolution Paragraph 6

Motion for a resolution Amendment

6. Considers that the Digital Services 6. Considers that the Digital Services Act should be based on public values of the Act should be based on public values of the Union protecting citizens’ rights should Union protecting citizens’ rights should aim to foster the creation of a rich and aim to foster the creation of a rich and diverse online ecosystem with a wide range diverse and online ecosystem with a wide of online services, favourable digital range of online services, favourable digital environment and legal certainty to unlock environment, sectorial interoperability and the full potential of the Digital Single legal certainty to unlock the full potential Market; of the Digital Single Market;

Or. en

Amendment 141 Edina Tóth

Motion for a resolution Paragraph 6

AM\1204788EN.docx 75/163 PE650.712v01-00 EN Motion for a resolution Amendment

6. Considers that the Digital Services 6. Considers that the Digital Services Act should be based on public values of the Act should be based on public values of the Union protecting citizens’ rights should Union protecting citizens’ rights should aim to foster the creation of a rich and aim to foster the creation of a rich and diverse online ecosystem with a wide range diverse online ecosystem with a wide range of online services, favourable digital of online services, free of illegal content, environment and legal certainty to unlock favourable digital environment and legal the full potential of the Digital Single certainty to unlock the full potential of the Market; Digital Single Market;

Or. en

Amendment 142 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Paragraph 6

Motion for a resolution Amendment

6. Considers that the Digital Services 6. Considers that the Digital Services Act should be based on public values of the Act should be based on public values of the Union protecting citizens’ rights should Union protecting citizens’ rights and aim to foster the creation of a rich and should aim to foster the creation of a rich diverse online ecosystem with a wide range and diverse online ecosystem with a wide of online services, favourable digital range of online services, a competitive environment and legal certainty to unlock digital environment and legal certainty to the full potential of the Digital Single unlock the full potential of the Digital Market; Single Market;

Or. en

Amendment 143 Martin Schirdewan, Emmanuel Maurel, Stelios Kouloglou

Motion for a resolution Paragraph 6 a (new)

PE650.712v01-00 76/163 AM\1204788EN.docx EN Motion for a resolution Amendment

(1) Considers that while the horizontal approach of the E-Commerce Directive should be maintained, a “one-size-fits-all” approach is not suitable to address all the new challenges in today´s digital landscape; stresses therefore, that the diversity of actors and services offered online need a tailored regulatory approach;

Or. en

Amendment 144 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Svenja Hahn

Motion for a resolution Paragraph 6 a (new)

Motion for a resolution Amendment

6a. Underlines that any future proposals should be based on the Single Market under Article 114 TFEU and support its completion; underlines that if the Commission believes proposals are needed for both matters covered by rules on competition (Title VII, Chapter 1 TFEU) and those covered by approximation of laws (Title VII, Chapter 3 TFEU), separate instruments should be used and proposed; underlines that any combination of measures under both policy areas (ex-ante and ex-post measures) into a single instrument could be viewed as the politicising of competition policy and therefore would harm the respect for competition policy decisions and their implementation by bodies world-wide;

Or. en

AM\1204788EN.docx 77/163 PE650.712v01-00 EN Amendment 145 Jean-Lin Lacapelle, Virginie Joron

Motion for a resolution Paragraph 6 a (new)

Motion for a resolution Amendment

6a. Recommends that the legal instrument to be proposed by the Commission should take the form of a directive, following in the footsteps of the other applicable instruments such as the Copyright Directive, in order to preserve the effectiveness of an approach by Member States according to their internal law applicable in matters as diverse as commercial law and freedom of expression;

Or. fr

Amendment 146 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior

Motion for a resolution Paragraph 6 b (new)

Motion for a resolution Amendment

6b. Recalls that there is no consensus on the concept of data as a form of remuneration and therefore believes it would be premature to seek to change the scope of the E-Commerce Directive or base future measures upon this idea; notes that data is a non-consumable resource and can be exchanged an infinite number of times;

Or. en

Amendment 147 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Liesje Schreinemacher, Svenja Hahn

PE650.712v01-00 78/163 AM\1204788EN.docx EN Motion for a resolution Paragraph 6 c (new)

Motion for a resolution Amendment

6c. Stresses that any future legislative proposals should seek to remove current, and prevent potentially new barriers in the supply of digital services by online platforms; underlines, at the same time, that new Union obligations on platforms must be proportional and clear in nature in order to avoid unnecessary regulatory burdens or unnecessary restrictions; underlines the need to prevent gold- plating practices of Union legislation by Member States;

Or. en

Amendment 148 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Liesje Schreinemacher, Sandro Gozi, Stéphanie Yon-Courtin, Svenja Hahn

Motion for a resolution Paragraph 6 d (new)

Motion for a resolution Amendment

6d. Recalls that the E-Commerce Directive was drafted in a technologically neutral manner in order to avoid amendments of the legal framework arising from the fast pace of innovation in the IT sector; asks the Commission to ensure that any revisions continue to respect this technologically neutral manner;

Or. en

Amendment 149 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Sandro Gozi, Stéphanie Yon-Courtin, Svenja Hahn

AM\1204788EN.docx 79/163 PE650.712v01-00 EN Motion for a resolution Paragraph 6 e (new)

Motion for a resolution Amendment

6e. Considers that the future Digital Services Act should take the form of several regulations rather than directives in order to ensure a more harmonised application and avoid delays in its transposition;

Or. en

Amendment 150 Marco Zullo

Motion for a resolution Paragraph 7

Motion for a resolution Amendment

7. Considers that the Digital Services 7. Considers that the Digital Services Act provides an opportunity for the Union Act provides an opportunity for the Union to shape the central aspects of the digital to shape the central aspects of the digital economy not only at Union level but also economy not only at Union level, such as be a standard-setter for the rest of the green transition to a zero-carbon world; economy, but also be a standard-setter for the rest of the world;

Or. it

Amendment 151 Eugen Jurzyca

Motion for a resolution Paragraph 7

Motion for a resolution Amendment

7. Considers that the Digital Services 7. Considers that the Digital Services Act provides an opportunity for the Union Act provides an opportunity for the Union to shape the central aspects of the digital to shape the digital economy not only at economy not only at Union level but also Union level but also be a standard-setter

PE650.712v01-00 80/163 AM\1204788EN.docx EN be a standard-setter for the rest of the for the rest of the world; world;

Or. en

Amendment 152 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Liesje Schreinemacher, Svenja Hahn

Motion for a resolution Paragraph 7 a (new)

Motion for a resolution Amendment

7a. Believes that the principles that governed the legislators when regulating information society services providers in the late 90’s are still valid and should be used when drafting any future proposals, namely: (a) To provide appropriate information on a wide scale (b) To prevent the creation of fresh obstacles and the re-fragmentation of the internal market (c) To reduce disputes to a minimum (d) To avoid the risks of over-regulation (e) To protect general interests more effectively and to identify any need for rules quickly (f) To step up administrative cooperation (g) To strengthen Union participation in international discussions;

Or. en

Amendment 153 Alex Agius Saliba, Adriana Maldonado López, Maria-Manuel Leitão-Marques, Clara Aguilera, Brando Benifei, Maria Grapini, Andreas Schieder, Marc Angel, Evelyne Gebhardt

AM\1204788EN.docx 81/163 PE650.712v01-00 EN Motion for a resolution Paragraph 7 a (new)

Motion for a resolution Amendment

7a. Stresses the importance of maintaining the horizontal approach of the E-Commerce Directive; acknowledges , however, that a one-size-fits-all solution to all types of illegal activities or hosting providers would not be appropriate; recommends distinguishing between commercial and non-commercial activities, and between different type of digital services hosted by platforms rather than focusing too much on the type of the platform;

Or. en

Amendment 154 Clara Aguilera, Adriana Maldonado López

Motion for a resolution Paragraph 7 a (new)

Motion for a resolution Amendment

7a. Calls for any new legislation as part of the Digital Services Act package to respect and leave intact the newly adopted Directive (EU) 2019/790 on Copyright in the Digital Single Market, which provides for sector-specific rules on copyright and authors’ rights in the digital environment and ensures the protection of authors and artists’ work;

Or. en

Amendment 155 Eugen Jurzyca, Adam Bielan, Beata Mazurek

Motion for a resolution Paragraph 7 a (new)

PE650.712v01-00 82/163 AM\1204788EN.docx EN Motion for a resolution Amendment

7a. Asks the Commission to take into account whether reciprocal obligations from third countries adopted in reaction to the new EU rules would not hamper provision of services by EU based companies in third countries;

Or. en

Amendment 156 Andreas Schieder, Adriana Maldonado López, Clara Aguilera, Maria Grapini

Motion for a resolution Paragraph 7 a (new)

Motion for a resolution Amendment

7a. Is of the opinion that all providers for digital services based outside the single market must adhere to the regulation of digital services of the European Union;

Or. en

Amendment 157 Andreas Schieder, Adriana Maldonado López, Clara Aguilera, Maria Grapini

Motion for a resolution Paragraph 7 b (new)

Motion for a resolution Amendment

7b. Notes that it is important to ensure that digital services arrangements respect and comply with national and regional legislation or powers of local supervisory authorities or local control mechanisms for the purpose of the appropriate fulfilment of their obligations;

Or. en

AM\1204788EN.docx 83/163 PE650.712v01-00 EN Amendment 158 Eugen Jurzyca, Adam Bielan, Beata Mazurek

Motion for a resolution Subheading 1 a (new)

Motion for a resolution Amendment

Innovation and growth

Or. en

Amendment 159 Eugen Jurzyca, Adam Bielan, Beata Mazurek

Motion for a resolution Paragraph 7 b (new)

Motion for a resolution Amendment

7b. Reminds a common interest to support and enhance research, innovation and growth of competition on the digital market; notes that different rules for different providers of information society services, based on their size or other criteria might violate the meaning of fair competition rules; notes that too prescriptive and strict rules have the potential to hamper innovation;

Or. en

Amendment 160 Andreas Schieder, Adriana Maldonado López, Clara Aguilera, Maria Grapini

Motion for a resolution Paragraph 7 c (new)

Motion for a resolution Amendment

7c. Considers that as the outdated framework of the E-Commerce Directive

PE650.712v01-00 84/163 AM\1204788EN.docx EN no longer adequately reflects a balance of emerging and existing enterprises, as well as online and “traditional” offline economy, a future regulatory framework to ensure a new balance is necessary;

Or. en

Amendment 161 Marco Zullo

Motion for a resolution Subheading 2

Motion for a resolution Amendment

Fundamental rights Fundamental rights and freedoms

Or. it

Amendment 162 Beata Mazurek, Eugen Jurzyca, Andżelika Anna Możdżanowska

Motion for a resolution Paragraph 8

Motion for a resolution Amendment

8. Notes that information society 8. Notes that information society services providers, and in particular online services providers, and in particular online platforms and social networking sites - platforms and social networking sites - because of their wide-reaching ability to because of their wide-reaching ability to reach and influence broader audiences, reach and influence broader audiences, behaviour, opinions, and practices - bear behaviour, opinions, and practices - bear significant social responsibility in terms of significant social responsibility in terms of protecting users and society at large and protecting users and society at large and preventing their services from being preventing their services from being exploited abusively. exploited abusively; warns in that regard against applying pressure that would push online platforms and social networking sites into taking unnecessarily broad measures which have a chilling effect on content sharing and may undermine fundamental rights;

AM\1204788EN.docx 85/163 PE650.712v01-00 EN Or. en

Amendment 163 , Karen Melchior

Motion for a resolution Paragraph 8

Motion for a resolution Amendment

8. Notes that information society 8. Notes that information society services providers, and in particular online services providers, and in particular online platforms and social networking sites - platforms and social networking sites - because of their wide-reaching ability to because of their wide-reaching ability to reach and influence broader audiences, reach and influence broader audiences, behaviour, opinions, and practices - bear behaviour, opinions, and practices - bear significant social responsibility in terms of significant social responsibility in terms of protecting users and society at large and protecting users and society at large and preventing their services from being preventing their services from being exploited abusively. exploited abusively; calls for clear guidelines related to products and services that should be excluded from all forms of advertisement targeting children and minors, including influencer marketing.

Or. en

Amendment 164 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Paragraph 8

Motion for a resolution Amendment

8. Notes that information society 8. Notes that social networking sites - services providers, and in particular because of their wide-reaching ability to online platforms and social networking reach and influence broader audiences, sites - because of their wide-reaching behaviour, opinions, and practices should ability to reach and influence broader comply with Union law to protecting users audiences, behaviour, opinions, and and society at large; practices - bear significant social responsibility in terms of protecting users

PE650.712v01-00 86/163 AM\1204788EN.docx EN and society at large and preventing their services from being exploited abusively.

Or. en

Amendment 165 Monika Beňová

Motion for a resolution Paragraph 8

Motion for a resolution Amendment

8. Notes that information society 8. Notes that information society services providers, and in particular online services providers, and in particular online platforms and social networking sites - platforms and social networking sites - because of their wide-reaching ability to because of their wide-reaching ability to reach and influence broader audiences, reach and influence broader audiences behaviour, opinions, and practices - bear including vulnerable groups such as significant social responsibility in terms of under aged citizens, behaviour, opinions, protecting users and society at large and and practices - bear significant social preventing their services from being responsibility in terms of protecting users exploited abusively. and society at large and preventing their services from being exploited abusively.

Or. en

Amendment 166 Dan-Ștefan Motreanu

Motion for a resolution Paragraph 8

Motion for a resolution Amendment

8. Notes that information society 8. Notes that information society services providers, and in particular online services providers, and in particular online platforms and social networking sites - platforms and social networking sites - because of their wide-reaching ability to because of their wide-reaching ability to reach and influence broader audiences, reach and influence broader audiences, behaviour, opinions, and practices - bear behaviour, opinions, and practices - bear significant social responsibility in terms of significant responsibilities in terms of protecting users and society at large and protecting users and society at large and preventing their services from being preventing their services from being exploited abusively; and generating

AM\1204788EN.docx 87/163 PE650.712v01-00 EN exploited abusively. economic gain from such exploitation;

Or. en

Amendment 167 Arba Kokalari

Motion for a resolution Paragraph 8

Motion for a resolution Amendment

8. Notes that information society 8. Notes that information society services providers, and in particular online services providers, and in particular online platforms and social networking sites –' platforms and social networking sites, have because of their wide-reaching ability to a wide-reaching ability to reach and reach and influence broader audiences, influence broader audiences, behaviour, behaviour, opinions, and practices – bear opinions, and practices. calls on the significant social responsibility in terms of Commission, therefore, to pay particular protecting users and society at large and attention to fundamental rights such as preventing their services from being freedom of expression and freedom of the exploited abusively. press in drafting the Digital Services Act;

Or. sv

Amendment 168 Marco Campomenosi, Antonio Maria Rinaldi, Isabella Tovaglieri, Markus Buchheit, Jean-Lin Lacapelle on behalf of the ID Group Alessandra Basso

Motion for a resolution Paragraph 8

Motion for a resolution Amendment

8. Notes that information society 8. Notes that information society services providers, and in particular online services providers, and in particular online platforms and social networking sites - platforms and social networking sites - because of their wide-reaching ability to because of their wide-reaching ability to reach and influence broader audiences, reach and influence broader audiences, behaviour, opinions, and practices - bear behaviour, opinions, and practices - bear significant social responsibility in terms of significant social responsibility in terms of protecting users and society at large and protecting users, their data and society at preventing their services from being large and preventing their services from

PE650.712v01-00 88/163 AM\1204788EN.docx EN exploited abusively. being exploited abusively.

Or. en

Amendment 169 Pablo Arias Echeverría, Pilar del Castillo Vera, Róża Thun und Hohenstein, Tomislav Sokol, Andrey Kovatchev, Edina Tóth, Kris Peeters, Andreas Schwab, Romana Tomc

Motion for a resolution Paragraph 8

Motion for a resolution Amendment

8. Notes that information society 8. Notes that information society services providers, and in particular online services providers, and in particular online platforms and social networking sites - platforms including social networking sites because of their wide-reaching ability to - because of their wide-reaching ability to reach and influence broader audiences, reach and influence broader audiences, behaviour, opinions, and practices - bear behaviour, opinions, and practices - bear significant social responsibility in terms of significant social responsibility in terms of protecting users and society at large and protecting users and society at large and preventing their services from being preventing their services from being exploited abusively. exploited abusively.

Or. en

Amendment 170 Eugen Jurzyca, Adam Bielan

Motion for a resolution Paragraph 8

Motion for a resolution Amendment

8. Notes that information society 8. Notes that information society services providers, and in particular online services providers, and in particular online platforms and social networking sites - platforms and social networking sites - because of their wide-reaching ability to because of their wide-reaching ability to reach and influence broader audiences, reach and influence broader audiences, behaviour, opinions, and practices - bear behaviour, opinions, and practices - should significant social responsibility in terms of cooperate on protecting users and society protecting users and society at large and at large and on preventing their services preventing their services from being from being exploited abusively. exploited abusively.

AM\1204788EN.docx 89/163 PE650.712v01-00 EN Or. en

Amendment 171 Geoffroy Didier

Motion for a resolution Paragraph 8 a (new)

Motion for a resolution Amendment

8a. Points out that the size of online platforms should be a powerful indicator in determining their liability in proportion to their market position; suggests that the size of these platforms should be assessed using objective criteria such as turnover in a given market and whether they are a passive or an active host;

Or. fr

Amendment 172 Adam Bielan, Beata Mazurek, Andżelika Anna Możdżanowska

Motion for a resolution Paragraph 8 a (new)

Motion for a resolution Amendment

8a. Stresses that confusing the role a private platform should play with those more properly within the remit of public bodies charged with enforcing or setting the law is unacceptable and creates risks for both citizens and businesses, neither of which are qualified to take such decisions;

Or. en

Amendment 173 Andreas Schieder, Adriana Maldonado López, Clara Aguilera, Maria Grapini

PE650.712v01-00 90/163 AM\1204788EN.docx EN Motion for a resolution Paragraph 8 a (new)

Motion for a resolution Amendment

8a. Notes that some digital business models use public spaces for commercial purposes and is of the opinion that local and regional governments must be able to safeguard public interest and ensure administrative control;

Or. en

Amendment 174 Dan-Ștefan Motreanu

Motion for a resolution Paragraph 8 a (new)

Motion for a resolution Amendment

8a. Deems it necessary that online platforms’ content policies be intelligible and published in an easily accessible manner;

Or. en

Amendment 175 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Liesje Schreinemacher, Svenja Hahn

Motion for a resolution Paragraph 9

Motion for a resolution Amendment

9. Recalls that recent scandals deleted regarding data harvesting and selling, Cambridge Analytica, fake news, political advertising and manipulation and a host of other online harms (from hate speech to the broadcast of terrorism) have shown the need to revisit the existing rules and

AM\1204788EN.docx 91/163 PE650.712v01-00 EN reinforce fundamental rights;

Or. en

Amendment 176 Eugen Jurzyca

Motion for a resolution Paragraph 9

Motion for a resolution Amendment

9. Recalls that recent scandals 9. Recalls that recent scandals regarding data harvesting and selling, regarding data harvesting and selling, Cambridge Analytica, fake news, political Cambridge Analytica, fake news, political advertising and manipulation and a host of advertising and manipulation and a host of other online harms (from hate speech to the other online harms (from hate speech to the broadcast of terrorism) have shown the broadcast of terrorism) have shown the need to revisit the existing rules and need to work on better enforcement of reinforce fundamental rights; existing legislation and closer cooperation among the Member States in order to understand advantages and shortcomings of existing rules and to reinforce fundamental rights; in this sense asks the Commission to consider preparing guidelines on how to improve enforcement of online related legislation; notes that also in the area of media the online and offline companies should be treated equally;

Or. en

Amendment 177 Adam Bielan, Beata Mazurek, Eugen Jurzyca, Andżelika Anna Możdżanowska

Motion for a resolution Paragraph 9

Motion for a resolution Amendment

9. Recalls that recent scandals 9. Recalls that recent scandals regarding data harvesting and selling, regarding data harvesting and selling, Cambridge Analytica, fake news, political Cambridge Analytica, fake news, political advertising and manipulation and a host of advertising and manipulation and a host of

PE650.712v01-00 92/163 AM\1204788EN.docx EN other online harms (from hate speech to the other online harms (from hate speech to the broadcast of terrorism) have shown the broadcast of terrorism) have shown the need to revisit the existing rules and need to revisit the existing rules; considers reinforce fundamental rights; that any reflection should consider how to reinforce fundamental rights, especially freedom of expression; recalls in this respect certain established self-regulatory and co-regulatory schemes such as the Code of Practice on disinformation, which have played a positive role in addressing those issues and could serve as a basis for future legislation;

Or. en

Amendment 178 Jordi Cañas

Motion for a resolution Paragraph 9

Motion for a resolution Amendment

9. Recalls that recent scandals 9. Recalls that recent scandals regarding data harvesting and selling, regarding data harvesting and selling, Cambridge Analytica, fake news, political Cambridge Analytica, fake news, political advertising and manipulation and a host of advertising and manipulation and a host of other online harms (from hate speech to the other online harms (from hate speech to the broadcast of terrorism) have shown the broadcast of terrorism) have shown the need to revisit the existing rules and need to revisit the existing rules and reinforce fundamental rights; reinforce fundamental rights; stresses that users’ fundamental rights should be protected from online intrusive business models, including those conducting digital advertising, as well as from behavioural manipulation and discriminatory practices;

Or. en

Amendment 179 Monika Beňová

Motion for a resolution Paragraph 9

AM\1204788EN.docx 93/163 PE650.712v01-00 EN Motion for a resolution Amendment

9. Recalls that recent scandals 9. Recalls that recent scandals regarding data harvesting and selling, regarding data harvesting and selling, Cambridge Analytica, fake news, political Cambridge Analytica, create and advertising and manipulation and a host of spreading fake news, political advertising, other online harms (from hate speech to the selling and distributing illegal products broadcast of terrorism) have shown the and manipulation and a host of other online need to revisit the existing rules and harms (from hate speech to the broadcast reinforce fundamental rights; of terrorism),have shown the need to revisit the existing rules and reinforce fundamental rights;

Or. en

Amendment 180 Marco Campomenosi, Antonio Maria Rinaldi, Isabella Tovaglieri, Markus Buchheit, Jean-Lin Lacapelle on behalf of the ID Group Alessandra Basso

Motion for a resolution Paragraph 9

Motion for a resolution Amendment

9. Recalls that recent scandals 9. Recalls that recent scandals regarding data harvesting and selling, regarding data harvesting and selling, Cambridge Analytica, fake news, political Cambridge Analytica, fake news, political advertising and manipulation and a host of advertising and manipulation and a host of other online harms (from hate speech to the other online harms (from hate speech to the broadcast of terrorism) have shown the broadcast of terrorism) have shown the need to revisit the existing rules and need to revisit the existing rules without reinforce fundamental rights; any prejudice to the rights to freedom of expression and reinforce fundamental rights;

Or. en

Amendment 181 Marco Zullo

Motion for a resolution Paragraph 9

PE650.712v01-00 94/163 AM\1204788EN.docx EN Motion for a resolution Amendment

9. Recalls that recent scandals 9. Recalls that recent scandals regarding data harvesting and selling, regarding data harvesting and selling, Cambridge Analytica, fake news, political Cambridge Analytica, fake news, political advertising and manipulation and a host of advertising and manipulation, profiling other online harms (from hate speech to the and tracking techniques and a host of broadcast of terrorism) have shown the other online harms (from hate speech to the need to revisit the existing rules and broadcast of terrorism) have shown the reinforce fundamental rights; need to revisit the existing rules and reinforce fundamental rights;

Or. it

Amendment 182 Pablo Arias Echeverría, Pilar del Castillo Vera, Róża Thun und Hohenstein, Tomislav Sokol, Andrey Kovatchev, Edina Tóth, Maria da Graça Carvalho, Kris Peeters, Romana Tomc, Andreas Schwab

Motion for a resolution Paragraph 9

Motion for a resolution Amendment

9. Recalls that recent scandals 9. Recalls that recent scandals regarding data harvesting and selling, regarding data harvesting and selling, Cambridge Analytica, fake news, political Cambridge Analytica, fake news, political advertising and manipulation and a host of advertising and manipulation and a host of other online harms (from hate speech to the other online harms (from hate speech to the broadcast of terrorism) have shown the broadcast of terrorism) have shown the need to revisit the existing rules and need to revisit the existing rules and reinforce fundamental rights; reinforce protection of fundamental rights online;

Or. en

Amendment 183 Maria Grapini, Clara Aguilera, Marc Angel, Adriana Maldonado López

Motion for a resolution Paragraph 9

AM\1204788EN.docx 95/163 PE650.712v01-00 EN Motion for a resolution Amendment

9. Recalls that recent scandals 9. Recalls that recent scandals regarding data harvesting and selling, regarding data harvesting and selling, Cambridge Analytica, fake news, political Cambridge Analytica, fake news, advertising and manipulation and a host of misinformation, political advertising and other online harms (from hate speech to the manipulation and a host of other online broadcast of terrorism) have shown the harms (from hate speech to the broadcast need to revisit the existing rules and of terrorism) have shown the need to revisit reinforce fundamental rights; the existing rules and reinforce fundamental rights;

Or. en

Amendment 184 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Paragraph 9

Motion for a resolution Amendment

9. Recalls that recent scandals 9. Recalls that recent scandals regarding data harvesting and selling, regarding data harvesting and selling, Cambridge Analytica, fake news, political Cambridge Analytica, disinformation, advertising and manipulation and a host of targeted advertising, voter manipulation other online harms (from hate speech to and a host of other online have shown the the broadcast of terrorism) have shown need to revisit the existing rules and the need to revisit the existing rules and reinforce fundamental rights; reinforce fundamental rights;

Or. en

Amendment 185 Marco Zullo

Motion for a resolution Paragraph 9 a (new)

Motion for a resolution Amendment

9a. Urges the Commission to consider

PE650.712v01-00 96/163 AM\1204788EN.docx EN introducing legislative measures to make online advertising more transparent and to counter the scams and the aggressive hidden marketing techniques used by certain influencers;

believes that influencers should indicate clearly, intelligibly and visibly at the beginning of the post whether they have been paid, directly or indirectly, or received free or concessionary products in exchange for their post;

Or. it

Amendment 186 Brando Benifei, Andreas Schieder, Sylvie Guillaume, Adriana Maldonado López, Clara Aguilera

Motion for a resolution Paragraph 10

Motion for a resolution Amendment

10. Stresses that the Digital Services 10. Stresses that the Digital Services Act should achieve the right balance Act should ensure the full respect of the between the internal market freedoms and fundamental rights and principles set out in the fundamental rights and principles set the Charter of Fundamental Rights of the out in the Charter of Fundamental Rights European Union, including the rights for of the European Union; workers in digital labour platforms to information and consultation within the undertaking, of collective bargaining and action and of fair and just working conditions, the European Social Charter, the Community Charter of Fundamental Social Rights of Workers, the relevant international human right instruments, including ILO Conventions;

Or. en

Amendment 187 Maria Grapini, Clara Aguilera, Marc Angel, Adriana Maldonado López

AM\1204788EN.docx 97/163 PE650.712v01-00 EN Motion for a resolution Paragraph 10

Motion for a resolution Amendment

10. Stresses that the Digital Services 10. Stresses that the Digital Services Act should achieve the right balance Act should achieve the right balance between the internal market freedoms and between the internal market freedoms and the fundamental rights and principles set the fundamental rights and principles set out in the Charter of Fundamental Rights out in the Charter of Fundamental Rights of the European Union; of the European Union, therefore it should ensure the access of all citizens to digital services and to the content of digital platforms;

Or. en

Amendment 188 Eugen Jurzyca, Adam Bielan, Beata Mazurek

Motion for a resolution Paragraph 10

Motion for a resolution Amendment

10. Stresses that the Digital Services 10. Stresses that as it is the case with Act should achieve the right balance the E-Commerce Directive, the Digital between the internal market freedoms and Services Act should achieve the right the fundamental rights and principles set balance between the internal market out in the Charter of Fundamental Rights freedoms and the fundamental rights and of the European Union; principles set out in the Charter of Fundamental Rights of the European Union;

Or. en

Amendment 189 Adam Bielan, Beata Mazurek, Eugen Jurzyca, Andżelika Anna Możdżanowska

Motion for a resolution Paragraph 10

Motion for a resolution Amendment

10. Stresses that the Digital Services 10. Stresses that the Digital Services

PE650.712v01-00 98/163 AM\1204788EN.docx EN Act should achieve the right balance Act should be based on the principles of between the internal market freedoms and the internal market freedoms and the fundamental rights and principles set recognition of fundamental rights; out in the Charter of Fundamental Rights of the European Union;

Or. en

Amendment 190 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Liesje Schreinemacher, Svenja Hahn

Motion for a resolution Paragraph 10

Motion for a resolution Amendment

10. Stresses that the Digital Services 10. Stresses that the Digital Services Act should achieve the right balance Act should strengthen the internal market between the internal market freedoms and for services while protecting rights set out the fundamental rights and principles set in the Charter of Fundamental Rights of the out in the Charter of Fundamental Rights European Union, in particular freedom of of the European Union; expression;

Or. en

Amendment 191 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Paragraph 10

Motion for a resolution Amendment

10. Stresses that the Digital Services 10. Stresses that the Digital Services Act should achieve the right balance Act should guarantee both internal market between the internal market freedoms and freedoms and the fundamental rights, the fundamental rights and principles set freedoms and principles set out in the out in the Charter of Fundamental Rights Charter of Fundamental Rights of the of the European Union; European Union;

Or. en

AM\1204788EN.docx 99/163 PE650.712v01-00 EN Amendment 192 Martin Schirdewan, Emmanuel Maurel, Stelios Kouloglou

Motion for a resolution Paragraph 10

Motion for a resolution Amendment

10. Stresses that the Digital Services 10. Stresses that the Digital Services Act should achieve the right balance Act should ensure that fundamental rights between the internal market freedoms and and principles set out in the Charter of the fundamental rights and principles set Fundamental Rights of the European Union out in the Charter of Fundamental Rights are reflected in the internal market of the European Union; freedoms;

Or. en

Amendment 193 Tsvetelina Penkova, Eva Kaili

Motion for a resolution Paragraph 10 a (new)

Motion for a resolution Amendment

10a. Underscores the need the Digital Single Market policies to identify general standards of acceptable digital infrastructure in the design of the « technological stack » of the digital services or the digital/smart products ; asks the Commission to define and apply standards that make sure that hardware, software, code, connectivity systems and storage/data management architecture are set by default in a way that protect the privacy of the consumer, that the consumer’s data are exclusively used within the nodes of the connecting devices that improve the consumer’s experience and they are not transferred to third parties for other commercial uses without the explicit consent of the consumer;

Or. en

PE650.712v01-00 100/163 AM\1204788EN.docx EN Amendment 194 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Paragraph 10 a (new)

Motion for a resolution Amendment

10a. Calls on the Commission to introduce minimum standards for contract terms and general conditions of content hosting providers and providers of content moderation tools to provide for safeguards for fundamental rights, in particular with regard to transparency, accessibility, fairness, predictability and non-discriminatory enforcement;

Or. en

Amendment 195 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Liesje Schreinemacher, Sandro Gozi, Stéphanie Yon-Courtin, Svenja Hahn

Motion for a resolution Paragraph 11

Motion for a resolution Amendment

11. Notes that the COVID-19 deleted pandemic has shown how vulnerable EU consumers are to misleading trading practices by dishonest traders selling fake or illegal products online that are not compliant with Union safety rules or imposing unjustified and abusive price increases or other unfair conditions on consumers;

Or. en

AM\1204788EN.docx 101/163 PE650.712v01-00 EN Amendment 196 Eugen Jurzyca

Motion for a resolution Paragraph 11

Motion for a resolution Amendment

11. Notes that the COVID-19 pandemic 11. Notes that the COVID-19 pandemic has shown how vulnerable EU consumers has shown the importance and resilience are to misleading trading practices by of online platforms, as tools for dishonest traders selling fake or illegal educational purposes, for spreading products online that are not compliant with information to mitigate the effects of a Union safety rules or imposing unjustified pandemic and for safe online-shopping and abusive price increases or other unfair without the need for a consumer to take a conditions on consumers; risk of being infected by the virus during traditional “contact” shopping; regrets the occurrence of cases of misleading trading practices by dishonest traders selling fake or illegal products online that are not compliant with Union safety rules or imposing unjustified and abusive price increases or other unfair conditions on consumers; stresses that the new rules should not be based on a couple of non- compliant cases but rather on data taking in consideration both, positive and negative experience of consumers;

Or. en

Amendment 197 Adam Bielan, Beata Mazurek, Eugen Jurzyca, Andżelika Anna Możdżanowska

Motion for a resolution Paragraph 11

Motion for a resolution Amendment

11. Notes that the COVID-19 pandemic 11. Notes that the COVID-19 pandemic has shown how vulnerable EU consumers has exposed the challenges EU consumers are to misleading trading practices by may face when shopping online, e.g. dishonest traders selling fake or illegal misleading trading practices by dishonest products online that are not compliant with traders selling fake or illegal products Union safety rules or imposing unjustified online that are not compliant with Union and abusive price increases or other unfair safety rules or unjustified and abusive price increases or other unfair conditions on

PE650.712v01-00 102/163 AM\1204788EN.docx EN conditions on consumers; consumers; recalls however, the number of proactive measures introduced by some online platforms that are addressing these issues;

Or. en

Amendment 198 Marion Walsmann, Pablo Arias Echeverría, Andrey Kovatchev, Pascal Arimont, Christian Doleschal, Maria da Graça Carvalho

Motion for a resolution Paragraph 11

Motion for a resolution Amendment

11. Notes that the COVID-19 pandemic 11. Notes that the COVID-19 pandemic has shown how vulnerable EU consumers has shown how vulnerable EU consumers are to misleading trading practices by are to misleading trading practices by dishonest traders selling fake or illegal dishonest traders selling fake or illegal products online that are not compliant with products online that are not compliant with Union safety rules or imposing unjustified Union safety rules or imposing unjustified and abusive price increases or other unfair and abusive price increases or other unfair conditions on consumers; conditions on consumers and therefore stresses the urgent need to set up clear rules in order to enhance consumer protection;

Or. en

Amendment 199 Dan-Ștefan Motreanu

Motion for a resolution Paragraph 11

Motion for a resolution Amendment

11. Notes that the COVID-19 pandemic 11. Notes that the COVID-19 pandemic has shown how vulnerable EU consumers has shown how vulnerable EU consumers are to misleading trading practices by are to misleading trading practices by dishonest traders selling fake or illegal dishonest traders and/or illicit websites products online that are not compliant with selling fake or illegal products and services Union safety rules or imposing unjustified online that are not compliant with Union and abusive price increases or other unfair safety rules or imposing unjustified and

AM\1204788EN.docx 103/163 PE650.712v01-00 EN conditions on consumers; abusive price increases or other unfair conditions on consumers;

Or. en

Amendment 200 Andreas Schieder, Adriana Maldonado López, Clara Aguilera

Motion for a resolution Paragraph 11

Motion for a resolution Amendment

11. Notes that the COVID-19 pandemic 11. Notes that the COVID-19 pandemic has shown how vulnerable EU consumers has shown how vulnerable EU Member are to misleading trading practices by States authorities and consumers are to dishonest traders selling fake or illegal misleading trading practices by dishonest products online that are not compliant with traders selling fake or illegal products Union safety rules or imposing unjustified online that are not compliant with Union and abusive price increases or other unfair safety rules or imposing unjustified and conditions on consumers; abusive price increases or other unfair conditions on consumers;

Or. en

Amendment 201 Marco Campomenosi, Antonio Maria Rinaldi, Isabella Tovaglieri, Markus Buchheit, Jean-Lin Lacapelle on behalf of the ID Group Alessandra Basso

Motion for a resolution Paragraph 11

Motion for a resolution Amendment

11. Notes that the COVID-19 pandemic 11. Notes that the COVID-19 pandemic has shown how vulnerable EU consumers has shown how vulnerable EU consumers are to misleading trading practices by are to misleading trading practices by dishonest traders selling fake or illegal dishonest traders selling fake or illegal products online that are not compliant with products online that are not compliant with Union safety rules or imposing unjustified Union safety rules or imposing unjustified and abusive price increases or other unfair and abusive price increases or other unfair conditions on consumers; conditions on consumers or defrauding

PE650.712v01-00 104/163 AM\1204788EN.docx EN consumers;

Or. en

Amendment 202 Brando Benifei, Maria Grapini, Andreas Schieder, Sylvie Guillaume, Adriana Maldonado López, Clara Aguilera, Marc Angel

Motion for a resolution Paragraph 11

Motion for a resolution Amendment

11. Notes that the COVID-19 pandemic 11. Notes that the COVID-19 pandemic has shown how vulnerable EU consumers has shown how vulnerable EU consumers are to misleading trading practices by are to misleading trading practices by dishonest traders selling fake or illegal dishonest traders selling counterfeit or products online that are not compliant with unsafe products online that are not Union safety rules or imposing unjustified compliant with Union safety rules or and abusive price increases or other unfair imposing unjustified and abusive price conditions on consumers; increases or other unfair conditions on consumers;

Or. en

Amendment 203 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Liesje Schreinemacher, Sandro Gozi, Stéphanie Yon-Courtin, Svenja Hahn

Motion for a resolution Paragraph 12

Motion for a resolution Amendment

12. Stresses that this problem is deleted aggravated by the fact that often the identity of these companies cannot be established;

Or. en

Amendment 204 Eugen Jurzyca

AM\1204788EN.docx 105/163 PE650.712v01-00 EN Motion for a resolution Paragraph 12

Motion for a resolution Amendment

12. Stresses that this problem is deleted aggravated by the fact that often the identity of these companies cannot be established;

Or. en

Amendment 205 Marc Angel, Adriana Maldonado López, Clara Aguilera, Sándor Rónai

Motion for a resolution Paragraph 12

Motion for a resolution Amendment

12. Stresses that this problem is 12. Stresses that this problem is aggravated by the fact that often the aggravated by the fact that often the identity of these companies cannot be identity of these companies cannot be established; established; underlines the need to better inform and educate consumers about online sales in general, and by the potential risks of buying products not approved for the European market in particular;

Or. en

Amendment 206 Adam Bielan, Beata Mazurek, Andżelika Anna Możdżanowska

Motion for a resolution Paragraph 12

Motion for a resolution Amendment

12. Stresses that this problem is 12. Stresses that this problem is aggravated by the fact that often the aggravated by the fact that often the identity of these companies cannot be identity of these companies cannot be established; established and recalls that recent

PE650.712v01-00 106/163 AM\1204788EN.docx EN legislation adopted under the « New Deal for Consumers » imposes transparency obligations on marketplaces, making it clear with whom a consumer is contracting;

Or. en

Amendment 207 Pablo Arias Echeverría, Róża Thun und Hohenstein, Tomislav Sokol, Andrey Kovatchev, Edina Tóth, Pascal Arimont, Marion Walsmann, Kris Peeters, Romana Tomc, Anna-Michelle Asimakopoulou, Andreas Schwab

Motion for a resolution Paragraph 12

Motion for a resolution Amendment

12. Stresses that this problem is 12. Stresses that this problem is aggravated by the fact that often the aggravated by the fact that often the identity of these companies cannot be identity of these fraudulent companies and established; individuals cannot be established; and therefore, consumers cannot seek compensation for the damages and losses experienced;

Or. en

Amendment 208 Andreas Schieder, Adriana Maldonado López, Clara Aguilera

Motion for a resolution Paragraph 12

Motion for a resolution Amendment

12. Stresses that this problem is 12. Stresses that this problem is aggravated by the fact that often the aggravated by the fact that often the identity of these companies cannot be identity of these companies cannot be established; established, for example due to the lack of a publicly accessible European company register;

Or. en

AM\1204788EN.docx 107/163 PE650.712v01-00 EN Amendment 209 Maria Grapini, Clara Aguilera, Adriana Maldonado López

Motion for a resolution Paragraph 12

Motion for a resolution Amendment

12. Stresses that this problem is 12. Stresses that this problem is aggravated by the fact that often the aggravated by the fact that often the identity of these companies cannot be identity of these companies and /or established; individuals cannot be established;

Or. en

Amendment 210 Arba Kokalari

Motion for a resolution Paragraph 12

Motion for a resolution Amendment

12. Stresses that this problem is 12. Stresses that this problem is aggravated by the fact that often the aggravated by difficulties in establishing identity of these companies cannot be the identity of companies responsible for established; irregularities;

Or. sv

Amendment 211 Anna-Michelle Asimakopoulou

Motion for a resolution Paragraph 12 a (new)

Motion for a resolution Amendment

12a. Notes that the WHOIS database register has been a critical instrument to allow interested third parties to find bad actors on the internet; calls on the Commission and the European Data

PE650.712v01-00 108/163 AM\1204788EN.docx EN Protection Board to find a concrete solution to ensure interested trusted third parties can have a controlled access to it;

Or. en

Amendment 212 Beata Mazurek, Eugen Jurzyca, Andżelika Anna Możdżanowska

Motion for a resolution Paragraph 13

Motion for a resolution Amendment

13. Considers that the current 13. Supports the current transparency transparency and information requirements and information requirements set out in the set out in the E-Commerce Directive on E-Commerce Directive on information information society services providers and society services providers and their their business customers, and the minimum business customers, and the minimum information requirements on commercial information requirements on commercial communications, should be substantially communications; requests proper strengthened; enforcement of the existing framework before new obligations are put forward; proposes the continued review of the existing requirements based on the dialogue with stakeholders and social partners in search of potential added value in case of either strengthening or softening the current rulebook;

Or. en

Amendment 213 Tsvetelina Penkova, Eva Kaili

Motion for a resolution Paragraph 13

Motion for a resolution Amendment

13. Considers that the current 13. Considers that the current transparency and information requirements transparency and information requirements set out in the E-Commerce Directive on set out in the E-Commerce Directive on information society services providers and information society services providers and their business customers, and the minimum their business customers, and the minimum

AM\1204788EN.docx 109/163 PE650.712v01-00 EN information requirements on commercial information requirements on commercial communications, should be substantially communications, should be substantially strengthened; strengthened for providers of information society services which are directed primarily at consumers, which act as the intermediary between the trader and the consumer or which provide the trading interface for the online sale of goods1а; ______1а Justification: Addressing existing shortcomings in the transparency and obligation requirements of the E- Commerce Directive through a “one-size- fits-all” approach may not be the most appropriate solution. Instead, a market- relevant and consumer-oriented alternative would consist in promoting rules which account of the fact that different types of services merit different rules. Setting stronger consumer protection rules can be consistent with the promotion of ICT deployment in Europe, i.e. in setting specific rules for information society service providers depending on whether they are a concerned party in the provision of a business-to-consumer good or service, while balancing the need to safeguard the smoothness and speed of online business transactions.

Or. en

Amendment 214 Katalin Cseh, Karen Melchior

Motion for a resolution Paragraph 13

Motion for a resolution Amendment

13. Considers that the current 13. Considers that the current transparency and information requirements transparency and information requirements set out in the E-Commerce Directive on set out in the E-Commerce Directive on information society services providers and information society services providers and their business customers, and the minimum their business customers, and the minimum

PE650.712v01-00 110/163 AM\1204788EN.docx EN information requirements on commercial information requirements on commercial communications, should be substantially communications, should be substantially strengthened; strengthened; and the introduction of an automated message mechanism before check-out informing customers about the potential side effects of certain products, as well as their recommended use, should be considered;

Or. en

Amendment 215 Edina Tóth

Motion for a resolution Paragraph 13

Motion for a resolution Amendment

13. Considers that the current 13. Considers that the current transparency and information requirements transparency and information requirements set out in the E-Commerce Directive on set out in the E-Commerce Directive on information society services providers and information society services providers and their business customers, and the minimum their business customers, and the minimum information requirements on commercial information requirements on commercial communications, should be substantially communications, should be substantially strengthened; strengthened; asks the Commission to introduce guidance for platforms on how to better inform consumers about commercial communication;

Or. en

Amendment 216 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Liesje Schreinemacher, Sandro Gozi, Stéphanie Yon-Courtin, Svenja Hahn

Motion for a resolution Paragraph 13

Motion for a resolution Amendment

13. Considers that the current 13. Considers that the current transparency and information requirements transparency and information requirements set out in the E-Commerce Directive on set out in the E-Commerce Directive on

AM\1204788EN.docx 111/163 PE650.712v01-00 EN information society services providers and information society services providers and their business customers, and the minimum their business customers that provide information requirements on commercial services to consumers (B2B2C) and the communications, should be substantially minimum information requirements on strengthened; commercial communications, should be substantially strengthened;

Or. en

Amendment 217 Andreas Schieder, Adriana Maldonado López, Clara Aguilera, Maria Grapini

Motion for a resolution Paragraph 13

Motion for a resolution Amendment

13. Considers that the current 13. Considers that the current transparency and information requirements transparency and information requirements set out in the E-Commerce Directive on set out in the E-Commerce Directive on information society services providers and information society services providers and their business customers, and the minimum their business customers, and the minimum information requirements on commercial information requirements on commercial communications, should be substantially communications, needs to be substantially strengthened; strengthened especially because of the lack of transparency in the wide variety of online-advertising;

Or. en

Amendment 218 Marco Zullo

Motion for a resolution Paragraph 13

Motion for a resolution Amendment

13. Considers that the current 13. Considers that the current transparency and information requirements transparency and information requirements set out in the E-Commerce Directive on set out in the E-Commerce Directive on information society services providers and information society services providers and their business customers, and the minimum their business customers, and the minimum information requirements on commercial information requirements on commercial communications, should be substantially communications, should be substantially

PE650.712v01-00 112/163 AM\1204788EN.docx EN strengthened; strengthened, ensuring their timely implementation and their compliance with the EU regulatory framework;

Or. it

Amendment 219 Arba Kokalari

Motion for a resolution Paragraph 13

Motion for a resolution Amendment

13. Considers that the current 13. Considers that the current transparency and information requirements transparency and information requirements set out in the E-Commerce Directive on set out in the E-Commerce Directive on information society services providers and information society services providers and their business customers, and the minimum their business customers, and the minimum information requirements on commercial information requirements on commercial communications, should be substantially communications, should be strengthened in strengthened; parallel with measures to increase compliance with existing rules;

Or. sv

Amendment 220 Eugen Jurzyca, Adam Bielan

Motion for a resolution Paragraph 13

Motion for a resolution Amendment

13. Considers that the current 13. Considers that the current transparency and information requirements transparency and information requirements set out in the E-Commerce Directive on set out in the E-Commerce Directive on information society services providers and information society services providers and their business customers, and the online sellers, and the minimum minimum information requirements on information requirements on commercial commercial communications, should be communications, should be properly substantially strengthened; analysed and subsequently, if needed, improved;

Or. en

AM\1204788EN.docx 113/163 PE650.712v01-00 EN Amendment 221 Marion Walsmann, Pablo Arias Echeverría, Andrey Kovatchev, Christian Doleschal

Motion for a resolution Paragraph 13

Motion for a resolution Amendment

13. Considers that the current 13. Is convinced that the current transparency and information requirements transparency and information requirements set out in the E-Commerce Directive on set out in the E-Commerce Directive on information society services providers and information society services providers and their business customers, and the minimum their business customers, and the minimum information requirements on commercial information requirements on commercial communications, should be substantially communications, should be substantially strengthened; strengthened;

Or. en

Amendment 222 Jean-Lin Lacapelle, Virginie Joron

Motion for a resolution Paragraph 13 a (new)

Motion for a resolution Amendment

13a. Considers further that companies established in the territory of several States should declare their legal existence and the economic activities carried out by them in the territory of a Member State of the Union, given that such activities are actually carried out in the territory of that Member State, in order not to evade controls or the tax payable to that State under its internal law and Union law;

Or. fr

Amendment 223 Alexandra Geese on behalf of the Greens/EFA Group

PE650.712v01-00 114/163 AM\1204788EN.docx EN Motion for a resolution Paragraph 14

Motion for a resolution Amendment

14. Calls on the Commission to require 14. Calls on the Commission to require service providers to verify the information service providers to verify the information and identity of the business partners with and identity of business users as defined whom they have a contractual commercial in Regulation (EU) 2019/1150 of the relationship, and to ensure that the European Parliament and of the Council information they provide is accurate and of 20 June 2019 on promoting fairness up-to-date; and transparency for business users of online intermediation services (‘P2B Regulation’) and to take reasonable measures to ensure that the information they provide is accurate and up-to-date, while preserving consumers’ anonymity; reminds that the verification of the identity of individual users would place extensive administrative burdens on EU start-ups and SMEs competing on a global market;

Or. en

Amendment 224 Marcel Kolaja

Motion for a resolution Paragraph 14

Motion for a resolution Amendment

14. Calls on the Commission to require 14. Calls on the Commission to require service providers to verify the information service providers to require the and identity of the business partners with information and identity of the business whom they have a contractual commercial partners with whom they have a relationship, and to ensure that the contractual commercial relationship, as information they provide is accurate and defined in Regulation(EU) 2019/1150 of up-to-date; the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (‘P2B Regulation’), while preserving consumers’ anonymity; reminds that the verification of the identity of individual

AM\1204788EN.docx 115/163 PE650.712v01-00 EN users would place extensive administrative burden on EU start-ups and SMEs competing on a global market;

Or. en

Amendment 225 Marco Zullo

Motion for a resolution Paragraph 14

Motion for a resolution Amendment

14. Calls on the Commission to require 14. Calls on the Commission to require service providers to verify the information service providers to verify the information and identity of the business partners with and identity of the business partners with whom they have a contractual commercial whom they have a contractual commercial relationship, and to ensure that the relationship, and to ensure that the information they provide is accurate and information they provide is accurate and up-to-date; up-to-date, through robust control systems, based on business partner authentication and product or service verification; services should not be provided to business customers giving false identities;

Or. it

Amendment 226 Anna-Michelle Asimakopoulou

Motion for a resolution Paragraph 14

Motion for a resolution Amendment

14. Calls on the Commission to require 14. Calls on the Commission to require service providers to verify the information service providers, such as online market and identity of the business partners with places, technical hosting providers, whom they have a contractual commercial domain name registrars, online relationship, and to ensure that the advertising service providers, proxy information they provide is accurate and services and online payment providers, to

PE650.712v01-00 116/163 AM\1204788EN.docx EN up-to-date; verify, both at the start of any relationship and periodically, the information and identity of the business partners with whom they have a contractual commercial relationship, and to ensure that the information they provide is accurate, complete, and up-to-date;

Or. en

Amendment 227 Tsvetelina Penkova, Eva Kaili

Motion for a resolution Paragraph 14

Motion for a resolution Amendment

14. Calls on the Commission to require 14. Calls on the Commission to require service providers to verify the information the providers of information society and identity of the business partners with services which are directed primarily at whom they have a contractual commercial consumers, which act as the intermediary relationship, and to ensure that the between the trader and the consumer or information they provide is accurate and which provide the trading interface for up-to-date; the online sale of goods to verify the information and identity of the business partners with whom they have a contractual commercial relationship, and to ensure that the information they provide is accurate and up-to-date;

Or. en

Amendment 228 Katalin Cseh, Karen Melchior

Motion for a resolution Paragraph 14

Motion for a resolution Amendment

14. Calls on the Commission to require 14. Calls on the Commission to require service providers to verify the information service providers to verify the information and identity of the business partners with and identity of the business partners with whom they have a contractual commercial whom they have a contractual commercial

AM\1204788EN.docx 117/163 PE650.712v01-00 EN relationship, and to ensure that the relationship, and to ensure that the information they provide is accurate and information they provide is accurate and up-to-date; up-to-date; calls for the establishment of an online database that can serve as a verification platform of business partners for influencers and small service providers unable to find the resources to do this otherwise;

Or. en

Amendment 229 Arba Kokalari

Motion for a resolution Paragraph 14

Motion for a resolution Amendment

14. Calls on the Commission to require 14. Calls on the Commission to require service providers to verify the information service providers to verify the information and identity of the business partners with and identity of the undertakings with whom they have a contractual commercial which they have a contractual commercial relationship, and to ensure that the relationship, and regularly conduct information they provide is accurate and random monitoring to ensure that the up-to-date; information they provide is accurate; stresses the importance of proportionality in the formulation of such legislation, so as not to harm the competitiveness of SMEs and microenterprises;

Or. sv

Amendment 230 Pablo Arias Echeverría, Tomislav Sokol, Andrey Kovatchev, Edina Tóth, Romana Tomc

Motion for a resolution Paragraph 14

Motion for a resolution Amendment

14. Calls on the Commission to require 14. Calls on the Commission to require service providers to verify the information service providers to verify the information and identity of the business partners with and the identity of the business partners whom they have a contractual commercial with whom they have a contractual

PE650.712v01-00 118/163 AM\1204788EN.docx EN relationship, and to ensure that the commercial relationship; business partners information they provide is accurate and should be the ones in charge of notifying up-to-date; the service provider about any change in their business activity (for example, cessation of business activity) and to ensure that the information they provide is accurate and up-to-date;

Or. en

Amendment 231 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Liesje Schreinemacher, Sandro Gozi, Stéphanie Yon-Courtin, Svenja Hahn

Motion for a resolution Paragraph 14

Motion for a resolution Amendment

14. Calls on the Commission to require 14. Calls on the Commission to require service providers to verify the information intermediate service providers to collect and identity of the business partners with the information and identity of the business whom they have a contractual commercial partners with whom they have a relationship, and to ensure that the contractual commercial relationship when information they provide is accurate and those business partners have a direct up-to-date; relationship with consumers through the intermediate service, and to ensure that the information is updated in case competent authorities informed the providers of any inaccuracy;

Or. en

Amendment 232 Maria Grapini, Clara Aguilera, Marc Angel, Adriana Maldonado López

Motion for a resolution Paragraph 14

Motion for a resolution Amendment

14. Calls on the Commission to require 14. Calls on the Commission to require service providers to verify the information service providers to verify the information and identity of the business partners with and identity of both the business partners whom they have a contractual commercial with whom they have a contractual

AM\1204788EN.docx 119/163 PE650.712v01-00 EN relationship, and to ensure that the commercial relationship, and the information they provide is accurate and individuals who offer services or sell up-to-date; products on online platforms, and to ensure that the information they provide is accurate and up-to-date;

Or. en

Amendment 233 Jean-Lin Lacapelle, Virginie Joron

Motion for a resolution Paragraph 14

Motion for a resolution Amendment

14. Calls on the Commission to require 14. Calls on the Commission to require service providers to verify the information service providers to verify the information and identity of the business partners with and identity of the business partners with whom they have a contractual commercial whom they have a contractual commercial relationship, and to ensure that the relationship, and to ensure that the information they provide is accurate and information they provide is accurate and up-to-date; up-to-date, containing in particular the contact details of a responsible natural person;

Or. fr

Amendment 234 Eugen Jurzyca, Adam Bielan, Beata Mazurek

Motion for a resolution Paragraph 14

Motion for a resolution Amendment

14. Calls on the Commission to require 14. Calls on the Commission to analyse service providers to verify the information the need to require service providers to and identity of the business partners with verify the information and identity of the whom they have a contractual commercial business partners with whom they have a relationship, and to ensure that the contractual commercial relationship, and to information they provide is accurate and require that the information they provide is up-to-date; accurate and up-to-date;

Or. en

PE650.712v01-00 120/163 AM\1204788EN.docx EN Amendment 235 Andreas Schwab

Motion for a resolution Paragraph 14

Motion for a resolution Amendment

14. Calls on the Commission to require 14. Calls on the Commission to require service providers to verify the information service providers to continuously verify and identity of the business partners with the information and identity of the business whom they have a contractual commercial partners with whom they have a relationship, and to ensure that the contractual commercial relationship, and to information they provide is accurate and ensure that the information they provide is up-to-date; accurate and up-to-date;

Or. en

Amendment 236 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Paragraph 14 a (new)

Motion for a resolution Amendment

14a. Underlines the rights of users under the GDPR, as well as the right to internet anonymity or being an unidentified user; warns that ignoring the wishes of internet users to not disclose their identity might put certain groups in disadvantageous situations, including the work of independent media, or deprive vulnerable groups from adequate protection and security online;

Or. en

Amendment 237 Geoffroy Didier

AM\1204788EN.docx 121/163 PE650.712v01-00 EN Motion for a resolution Paragraph 14 a (new)

Motion for a resolution Amendment

14a. Calls on the Commission to clarify the regime applicable to content hosting intermediaries and in particular the distinction between passive intermediaries benefiting from a limited liability regime and active platforms that organise and promote content;

Or. fr

Amendment 238 Evelyne Gebhardt, Monika Beňová, Brando Benifei, Biljana Borzan, Andreas Schieder, Marc Angel, Adriana Maldonado López

Motion for a resolution Paragraph 14 a (new)

Motion for a resolution Amendment

14a. Calls on the Commission to require that where a certain qualification is required to provide a service, the possession of such a qualification has to be clearly disclosed in each online offer in order to avoid deceptive or misleading information to consumers;

Or. en

Amendment 239 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Liesje Schreinemacher, Sandro Gozi, Stéphanie Yon-Courtin, Svenja Hahn

Motion for a resolution Paragraph 15

Motion for a resolution Amendment

15. Calls on the Commission to 15. Calls on the Commission, if

PE650.712v01-00 122/163 AM\1204788EN.docx EN introduce enforceable obligations on proposing measures on internet service internet service providers aimed at providers aimed at increasing transparency increasing transparency and information; and information, to take into account the considers that these obligations should be difference between the underlining enforced by appropriate, effective and hosting internet service provider on the dissuasive penalties; one hand and a platform or other websites and its users on the other; stresses that internet service providers often have no contractual relations with a platform’s business users or consumers, including having no legal right to view or access data stored; asks the Commission to ensure that enforcement measures are targeted in a way that takes this difference into account and does not force the breach of privacy and legal process; considers that these obligations should be proportionate and enforced by appropriate, effective and dissuasive penalties;

Or. en

Amendment 240 Tsvetelina Penkova, Eva Kaili

Motion for a resolution Paragraph 15

Motion for a resolution Amendment

15. Calls on the Commission to 15. Calls on the Commission to introduce enforceable obligations on introduce enforceable obligations on internet service providers aimed at providers of information society services increasing transparency and information; which are directed primarily at consumers considers that these obligations should be acting as the intermediary between the enforced by appropriate, effective and trader and the consumer or which provide dissuasive penalties; the trading interface for the online sale of goods, that would aim at increasing transparency and information; considers that these obligations should be enforced by appropriate, effective and dissuasive penalties;

Or. en

AM\1204788EN.docx 123/163 PE650.712v01-00 EN Amendment 241 Marco Zullo

Motion for a resolution Paragraph 15

Motion for a resolution Amendment

15. Calls on the Commission to 15. Calls on the Commission to introduce enforceable obligations on introduce enforceable obligations on internet service providers aimed at internet service providers aimed at increasing transparency and information; increasing transparency and information considers that these obligations should be and ensuring that platforms are held enforced by appropriate, effective and accountable for misleading information, dissuasive penalties; guarantees or statements; considers that these obligations should be enforced by appropriate, effective and dissuasive penalties, especially for repeated offences;

Or. it

Amendment 242 Monika Beňová

Motion for a resolution Paragraph 15

Motion for a resolution Amendment

15. Calls on the Commission to 15. Calls on the Commission to introduce enforceable obligations on introduce enforceable obligations on internet service providers aimed at internet service providers aimed at increasing transparency and information; increasing transparency and information; considers that these obligations should be considers that these obligations should be enforced by appropriate, effective and enforced by appropriate, effective and dissuasive penalties; dissuasive penalties; underlines the need for multilingual forms of services to ensure their fair and wide distribution;

Or. en

Amendment 243 Alex Agius Saliba, Adriana Maldonado López, Maria-Manuel Leitão-Marques, Clara Aguilera, Brando Benifei, Maria Grapini, Andreas Schieder, Marc Angel, Sándor Rónai, Evelyne Gebhardt, Biljana Borzan

PE650.712v01-00 124/163 AM\1204788EN.docx EN Motion for a resolution Paragraph 15

Motion for a resolution Amendment

15. Calls on the Commission to 15. Calls on the Commission to introduce enforceable obligations on introduce enforceable obligations on internet service providers aimed at information society services providers increasing transparency and information; aimed at increasing transparency, considers that these obligations should be information and accountability; considers enforced by appropriate, effective and that these obligations should be enforced dissuasive penalties; by appropriate, effective and dissuasive penalties;

Or. en

Amendment 244 Arba Kokalari

Motion for a resolution Paragraph 15

Motion for a resolution Amendment

15. Calls on the Commission to 15. Calls on the Commission to introduce enforceable obligations on introduce proportionate, enforceable internet service providers aimed at obligations on internet service providers increasing transparency and information; aimed at increasing transparency and considers that these obligations should be information; considers that these enforced by appropriate, effective and obligations should be enforced by dissuasive penalties; appropriate, effective and dissuasive penalties;

Or. sv

Amendment 245 Alexandra Geese on behalf of the Greens/EFA Group

Motion for a resolution Paragraph 15

AM\1204788EN.docx 125/163 PE650.712v01-00 EN Motion for a resolution Amendment

15. Calls on the Commission to 15. Calls on the Commission to introduce enforceable obligations on introduce enforceable obligations on internet service providers aimed at internet service providers aimed at increasing transparency and information; increasing transparency, information and considers that these obligations should be accountability; considers that these enforced by appropriate, effective and obligations should be enforced by dissuasive penalties; appropriate, effective and dissuasive penalties;

Or. en

Amendment 246 Beata Mazurek, Eugen Jurzyca, Andżelika Anna Możdżanowska

Motion for a resolution Paragraph 15

Motion for a resolution Amendment

15. Calls on the Commission to 15. Calls on the Commission to introduce enforceable obligations on introduce enforceable obligations on internet service providers aimed at internet service providers aimed at increasing transparency and information; increasing transparency with respect to considers that these obligations should be privacy rules; considers that these enforced by appropriate, effective and obligations should be enforced by dissuasive penalties; proportionate, effective and dissuasive penalties.

Or. en

Amendment 247 Marcel Kolaja

Motion for a resolution Paragraph 15

Motion for a resolution Amendment

15. Calls on the Commission to 15. Calls on the Commission to introduce enforceable obligations on introduce enforceable obligations on internet service providers aimed at hosting service providers aimed at increasing transparency and information; increasing transparency and information;

PE650.712v01-00 126/163 AM\1204788EN.docx EN considers that these obligations should be considers that these obligations should be enforced by appropriate, effective and enforced by appropriate, effective and dissuasive penalties; dissuasive penalties;

Or. en

Amendment 248 Eugen Jurzyca, Adam Bielan

Motion for a resolution Paragraph 15

Motion for a resolution Amendment

15. Calls on the Commission to 15. Calls on the Commission to introduce enforceable obligations on introduce obligations on internet service internet service providers aimed at providers aimed at increasing transparency; increasing transparency and information; considers that these obligations should be considers that these obligations should be enforced by appropriate, proportionate, enforced by appropriate, effective and effective and dissuasive penalties; dissuasive penalties;

Or. en

Amendment 249 Pablo Arias Echeverría, Tomislav Sokol, Andrey Kovatchev, Marion Walsmann, Romana Tomc, Anna-Michelle Asimakopoulou, Andreas Schwab

Motion for a resolution Paragraph 15 a (new)

Motion for a resolution Amendment

15a. Calls on the Commission to address the problem of fake profiles on digital platforms and the challenges when it comes to identifying the real person who is behind in case this person commits an illegality; calls on the Commission to consider mechanisms to make sure that everyone can be identified online while safeguarding their privacy rights; considers that the creation of a digital identity would be a useful tool in this

AM\1204788EN.docx 127/163 PE650.712v01-00 EN regard;

Or. en

Amendment 250 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Liesje Schreinemacher, Svenja Hahn

Motion for a resolution Paragraph 15 a (new)

Motion for a resolution Amendment

15a. Underlines the need for due process; stresses the need to prevent the abuse of transparency, redress and other systems by businesses in order to confront other businesses; believes that any revisions must seek to balance the rights of all users and ensure that the law is not drafted to favour one legitimate interest over another;

Or. en

Amendment 251 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Paragraph 15 a (new)

Motion for a resolution Amendment

15a. Calls on the Commission to introduce transparency and accountability requirements regarding automated decision-making processes of content hosting providers and providers of automated content recognition tools, including the public documentation of, at least, the existence and the functioning of content recognition technologies;

PE650.712v01-00 128/163 AM\1204788EN.docx EN Or. en

Amendment 252 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Paragraph 15 b (new)

Motion for a resolution Amendment

15b. Welcomes efforts to bring transparency to content removal; underlines that, in order to verify compliance with the rules, the requirement to publish periodic transparency reports should be mandatory and include, at least, the number of notices, type of entities notifying content, nature of the content subject of complaint, response time by the intermediary, the number of appeals;

Or. en

Amendment 253 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Paragraph 15 c (new)

Motion for a resolution Amendment

15c. In order to verify such transparency reports and compliance with legal obligations, and in line with the Council of Europe Recommendation CM/Rec(2018)2, Member States should make available, publicly and in a regular manner, comprehensive information on the number, nature and legal basis of requests sent to intermediaries to restrict

AM\1204788EN.docx 129/163 PE650.712v01-00 EN content or to disclose personal data, including those based on international mutual legal assistance treaties, and on steps taken as a result of those requests;

Or. en

Amendment 254 Martin Schirdewan, Emmanuel Maurel, Stelios Kouloglou

Motion for a resolution Paragraph 16

Motion for a resolution Amendment

16. Stresses that existing obligations, 16. Stresses that existing obligations, set out in the E-Commerce Directive and set out in the E-Commerce Directive and the Directive 2005/29/EC of the European the Directive 2005/29/EC of the European Parliament and of the Council (‘Unfair Parliament and of the Council (‘Unfair Commercial Practices Directiveʼ)3 on Commercial Practices Directiveʼ)3 on transparency of commercial transparency of commercial communications and digital advertising communications and digital advertising should be strengthened; points out that should be strengthened; points out that pressing consumer protection concerns pressing consumer protection concerns about profiling, targeting and personalised about profiling, targeting and personalised pricing cannot be addressed by pricing cannot be addressed by transparency obligations and left to transparency obligations and left to consumer choice alone; consumer choice alone; considers that practices like profiling deeply interfere with people's rights and freedoms; recognises that the General Data Protection Regulation framework does not adequately protect consumers against profile building and unjustified automated decisions; is of the opinion that in order to ensure adequate protection of consumers, personal data should only be used where it’s necessary to provide the service requested; ______3 Directive 2005/29/EC of the European 3 Directive 2005/29/EC of the European Parliament and of the Council of 11 May Parliament and of the Council of 11 May 2005 concerning unfair business-to- 2005 concerning unfair business-to- consumer commercial practices in the consumer commercial practices in the internal market and amending Council internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, Directive 84/450/EEC, Directives 97/7/EC,

PE650.712v01-00 130/163 AM\1204788EN.docx EN 98/27/EC and 2002/65/EC of the European 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Parliament and of the Council and Regulation (EC) No 2006/2004 of the Regulation (EC) No 2006/2004 of the European Parliament and of the Council European Parliament and of the Council (OJ L 149, 11.6.2005, p. 22). (OJ L 149, 11.6.2005, p. 22).

Or. en

Amendment 255 Clara Ponsatí Obiols

Motion for a resolution Paragraph 16

Motion for a resolution Amendment

16. Stresses that existing obligations, 16. Stresses that existing obligations, set out in the E-Commerce Directive and set out in the E-Commerce Directive and the Directive 2005/29/EC of the European the Directive 2005/29/EC of the European Parliament and of the Council (‘Unfair Parliament and of the Council (‘Unfair Commercial Practices Directiveʼ)3 on Commercial Practices Directiveʼ)3 on transparency of commercial transparency of commercial communications and digital advertising communications and digital advertising should be strengthened; points out that should be strengthened; points out that pressing consumer protection concerns pressing consumer protection concerns about profiling, targeting and personalised about profiling, targeting and personalised pricing cannot be addressed by pricing cannot be addressed by transparency obligations and left to transparency obligations and left to consumer choice alone; consumer choice alone; further notes that there are pressing consumer protection concerns regarding online gambling services which are not being adequately addressed by all Member States and might require a more aligned approach at Union level; ______3 Directive 2005/29/EC of the European 3 Directive 2005/29/EC of the European Parliament and of the Council of 11 May Parliament and of the Council of 11 May 2005 concerning unfair business-to- 2005 concerning unfair business-to- consumer commercial practices in the consumer commercial practices in the internal market and amending Council internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Parliament and of the Council and Regulation (EC) No 2006/2004 of the Regulation (EC) No 2006/2004 of the European Parliament and of the Council European Parliament and of the Council

AM\1204788EN.docx 131/163 PE650.712v01-00 EN (OJ L 149, 11.6.2005, p. 22). (OJ L 149, 11.6.2005, p. 22).

Or. en

Amendment 256 Eugen Jurzyca

Motion for a resolution Paragraph 16

Motion for a resolution Amendment

16. Stresses that existing obligations, 16. Stresses that the Commission set out in the E-Commerce Directive and should review, whether existing the Directive 2005/29/EC of the European obligations, set out in the E-Commerce Parliament and of the Council (‘Unfair Directive on transparency of commercial Commercial Practices Directiveʼ)3 on communications and digital advertising transparency of commercial should be strengthened and should support communications and digital advertising this revision by appropriate and relevant should be strengthened; points out that data; pressing consumer protection concerns about profiling, targeting and personalised pricing cannot be addressed by transparency obligations and left to consumer choice alone; ______3 Directive 2005/29/EC of the European 3 Directive 2005/29/EC of the European Parliament and of the Council of 11 May Parliament and of the Council of 11 May 2005 concerning unfair business-to- 2005 concerning unfair business-to- consumer commercial practices in the consumer commercial practices in the internal market and amending Council internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Parliament and of the Council and Regulation (EC) No 2006/2004 of the Regulation (EC) No 2006/2004 of the European Parliament and of the Council European Parliament and of the Council (OJ L 149, 11.6.2005, p. 22). (OJ L 149, 11.6.2005, p. 22).

Or. en

Amendment 257 Andreas Schwab

PE650.712v01-00 132/163 AM\1204788EN.docx EN Motion for a resolution Paragraph 16

Motion for a resolution Amendment

16. Stresses that existing obligations, 16. Stresses that existing obligations, set out in the E-Commerce Directive and set out in the E-Commerce Directive and the Directive 2005/29/EC of the European the Directive 2005/29/EC of the European Parliament and of the Council (‘Unfair Parliament and of the Council (‘Unfair Commercial Practices Directiveʼ)3 on Commercial Practices Directiveʼ)3 on transparency of commercial transparency of commercial communications and digital advertising communications and digital advertising should be strengthened; points out that should be strengthened; points out that pressing consumer protection concerns pressing consumer protection concerns about profiling, targeting and personalised about profiling, targeting and personalised pricing cannot be addressed by pricing cannot be addressed by transparency obligations and left to transparency obligations and left to consumer choice alone; consumer choice alone; therefore calls on the European Commission to assess the need of introducing additional measures; ______3 Directive 2005/29/EC of the European 3 Directive 2005/29/EC of the European Parliament and of the Council of 11 May Parliament and of the Council of 11 May 2005 concerning unfair business-to- 2005 concerning unfair business-to- consumer commercial practices in the consumer commercial practices in the internal market and amending Council internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Parliament and of the Council and Regulation (EC) No 2006/2004 of the Regulation (EC) No 2006/2004 of the European Parliament and of the Council European Parliament and of the Council (OJ L 149, 11.6.2005, p. 22). (OJ L 149, 11.6.2005, p. 22).

Or. en

Amendment 258 Adam Bielan, Beata Mazurek, Andżelika Anna Możdżanowska

Motion for a resolution Paragraph 16

Motion for a resolution Amendment

16. Stresses that existing obligations, 16. Stresses that existing obligations, set out in the E-Commerce Directive and set out in the E-Commerce Directive and the Directive 2005/29/EC of the European the Directive 2005/29/EC of the European

AM\1204788EN.docx 133/163 PE650.712v01-00 EN Parliament and of the Council (‘Unfair Parliament and of the Council (‘Unfair Commercial Practices Directiveʼ)3 on Commercial Practices Directiveʼ)3 on transparency of commercial transparency of commercial communications and digital advertising communications and digital advertising should be strengthened; points out that should be frequently reviewed; points out pressing consumer protection concerns that pressing consumer protection concerns about profiling, targeting and personalised about profiling, targeting and personalised pricing cannot be addressed by pricing were recently addressed in the transparency obligations and left to “New Deal for Consumers”3a legislation consumer choice alone; which awaits full transposition and enforcement; ______3 Directive 2005/29/EC of the European 3 Directive 2005/29/EC of the European Parliament and of the Council of 11 May Parliament and of the Council of 11 May 2005 concerning unfair business-to- 2005 concerning unfair business-to- consumer commercial practices in the consumer commercial practices in the internal market and amending Council internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Parliament and of the Council and Regulation (EC) No 2006/2004 of the Regulation (EC) No 2006/2004 of the European Parliament and of the Council European Parliament and of the Council (OJ L 149, 11.6.2005, p. 22). (OJ L 149, 11.6.2005, p. 22). 3a Directive of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council as regards the better enforcement and modernisation of Union consumer protection rules

Or. en

Amendment 259 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Paragraph 16

Motion for a resolution Amendment

16. Stresses that existing obligations, 16. Stresses that existing obligations,

PE650.712v01-00 134/163 AM\1204788EN.docx EN set out in the E-Commerce Directive and set out in the E-Commerce Directive and the Directive 2005/29/EC of the European the Directive 2005/29/EC of the European Parliament and of the Council (‘Unfair Parliament and of the Council (‘Unfair Commercial Practices Directiveʼ)3 on Commercial Practices Directiveʼ)3 on transparency of commercial transparency of commercial communications and digital advertising communications and digital advertising should be strengthened; points out that should be strengthened; points out that pressing consumer protection concerns pressing consumer protection concerns about profiling, targeting and personalised about profiling, targeting and personalised pricing cannot be addressed by pricing and recommendations cannot only transparency obligations and left to be addressed by transparency obligations consumer choice alone; and left to consumer choice alone; ______3 Directive 2005/29/EC of the European 3 Directive 2005/29/EC of the European Parliament and of the Council of 11 May Parliament and of the Council of 11 May 2005 concerning unfair business-to- 2005 concerning unfair business-to- consumer commercial practices in the consumer commercial practices in the internal market and amending Council internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Parliament and of the Council and Regulation (EC) No 2006/2004 of the Regulation (EC) No 2006/2004 of the European Parliament and of the Council European Parliament and of the Council (OJ L 149, 11.6.2005, p. 22). (OJ L 149, 11.6.2005, p. 22).

Or. en

Amendment 260 Pablo Arias Echeverría, Róża Thun und Hohenstein, Tomislav Sokol, Andrey Kovatchev, Edina Tóth, Pilar del Castillo Vera, Romana Tomc, Andreas Schwab

Motion for a resolution Paragraph 16

Motion for a resolution Amendment

16. Stresses that existing obligations, 16. Stresses that existing obligations, set out in the E-Commerce Directive and set out in the E-Commerce Directive and the Directive 2005/29/EC of the European the Directive 2005/29/EC of the European Parliament and of the Council (‘Unfair Parliament and of the Council (‘Unfair Commercial Practices Directiveʼ)3 on Commercial Practices Directiveʼ) on transparency of commercial transparency of commercial communications and digital advertising communications and digital advertising should be strengthened; points out that should be strengthened; points out that pressing consumer protection concerns pressing consumer protection concerns about profiling, targeting and personalised about profiling, targeting and personalised

AM\1204788EN.docx 135/163 PE650.712v01-00 EN pricing cannot be addressed by pricing should be addressed, among transparency obligations and left to others, by clear transparency obligations consumer choice alone; and information requirements; ______3 Directive 2005/29/EC of the European 3 Directive 2005/29/EC of the European Parliament and of the Council of 11 May Parliament and of the Council of 11 May 2005 concerning unfair business-to- 2005 concerning unfair business-to- consumer commercial practices in the consumer commercial practices in the internal market and amending Council internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Parliament and of the Council and Regulation (EC) No 2006/2004 of the Regulation (EC) No 2006/2004 of the European Parliament and of the Council European Parliament and of the Council (OJ L 149, 11.6.2005, p. 22). (OJ L 149, 11.6.2005, p. 22).

Or. en

Amendment 261 Arba Kokalari

Motion for a resolution Paragraph 16

Motion for a resolution Amendment

16. Stresses that existing obligations, 16. Stresses that existing obligations, set out in the E-Commerce Directive and set out in the E-Commerce Directive and the Directive 2005/29/EC of the European the Directive 2005/29/EC of the European Parliament and of the Council (‘Unfair Parliament and of the Council (‘Unfair Commercial Practices Directiveʼ)3 on Commercial Practices Directiveʼ)3 on transparency of commercial transparency of commercial communications and digital advertising communications and digital advertising should be strengthened; points out that should be strengthened; calls on the pressing consumer protection concerns Commission to assess the need for further about profiling, targeting and personalised action to address pressing consumer pricing cannot be addressed by protection concerns about profiling, transparency obligations and left to targeting and personalised pricing; consumer choice alone; ______3 Directive 2005/29/EC of the European 3 Directive 2005/29/EC of the European Parliament and of the Council of 11 May Parliament and of the Council of 11 May 2005 concerning unfair business-to- 2005 concerning unfair business-to- consumer commercial practices in the consumer commercial practices in the internal market and amending Council internal market and amending Council

PE650.712v01-00 136/163 AM\1204788EN.docx EN Directive 84/450/EEC, Directives 97/7/EC, Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Parliament and of the Council and Regulation (EC) No 2006/2004 of the Regulation (EC) No 2006/2004 of the European Parliament and of the Council European Parliament and of the Council (OJ L 149, 11.6.2005, p. 22). (OJ L 149, 11.6.2005, p. 22).

Or. sv

Amendment 262 Tsvetelina Penkova, Eva Kaili

Motion for a resolution Paragraph 16 a (new)

Motion for a resolution Amendment

16a. Underlines that Data Management services and architecture of concentration, storage, use, reuse, curation and analytics is the first significant part of the value chain in the digital economy; considers that the Digital Single Market policies should address the challenges of this architecture; stresses that costs related to computation, elaboration, storage and access to data will determine the speed, depth and scale of the adoption of digital infrastructure and products, especially for SMEs and innovative start-ups ; believes that EU should develop its own adequate capacity for cloud services as well as to facilitate the development of a decentralized, interoperable system of data governance that enables the efficient use of local infrastructures, including fog, mist and edge computing; asks the Commission to enable the development of these local data infrastructures to support the expansion of IoT consumer products, IoT industrial products, and Smart Cities applications;

Or. en

AM\1204788EN.docx 137/163 PE650.712v01-00 EN Amendment 263 Alex Agius Saliba, Adriana Maldonado López, Maria-Manuel Leitão-Marques, Clara Aguilera, Maria Grapini, Andreas Schieder, Marc Angel, Evelyne Gebhardt, Biljana Borzan

Motion for a resolution Paragraph 16 a (new)

Motion for a resolution Amendment

16a. Stresses that online consumers find themselves in an unbalanced relation to service providers and traders offering services for free but supporting their services by advertising revenue and ads that are automatically targeting individual consumers, based on the information collected through big data and AI mechanisms; notes that the business model based on providing “free” services paid through advertising may lead to undesirable societal outcomes and be detrimental to consumers;

Or. en

Amendment 264 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Paragraph 16 a (new)

Motion for a resolution Amendment

16a. Calls for transparency obligations for recommendation systems of content hosting providers including the public documentation of recommendation outputs and their audiences, content- specific ranking decisions and other interventions by the platform , the criteria and the reasoning behind those decisions as well as the organisational structures that control such systems which should take the form of real-time, high-level,

PE650.712v01-00 138/163 AM\1204788EN.docx EN anonymised data access through public API;

Or. en

Amendment 265 Tomislav Sokol, Pablo Arias Echeverría, Edina Tóth

Motion for a resolution Paragraph 16 a (new)

Motion for a resolution Amendment

16a. Notes the increasing use of digital platforms and applications in eHealth, and in particular the importance of telemedicine and consumer health informatics; considers that the Digital Services Act package must ensure that digital eHealth services provide citizens with only accurate, verified and scientifically-based facts while also effectively protecting their personal data.

Or. en

Amendment 266 Evelyne Gebhardt, Monika Beňová, Andreas Schieder, Marc Angel, Adriana Maldonado López

Motion for a resolution Paragraph 16 a (new)

Motion for a resolution Amendment

16a. Notes that given the significant differences between digital services, a one-size-fits-all approach should be avoided; that is, intermediaries’ duties of care should differ depending on their business model;

Or. en

AM\1204788EN.docx 139/163 PE650.712v01-00 EN Amendment 267 Andrey Kovatchev

Motion for a resolution Paragraph 16 a (new)

Motion for a resolution Amendment

16a. Welcomes the European Commission's White Paper on Artificial Intelligence; calls on the Commission to ensure that the Digital Services Act preserves the human centric approach to AI, while ensuring respect of the EU’s fundamental values and rights as enshrined in the Treaties;

Or. en

Amendment 268 Evelyne Gebhardt, Monika Beňová, Andreas Schieder, Sylvie Guillaume, Adriana Maldonado López

Motion for a resolution Paragraph 16 b (new)

Motion for a resolution Amendment

16b. Considers that intermediaries whose interventions may affect users fundamental freedoms should be maximally protected from liability while intermediaries that enable commercial transactions, including advertising, should be subject to a stronger obligation to take active care in order to protect consumers and provide security and trust;

Or. en

Amendment 269 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

PE650.712v01-00 140/163 AM\1204788EN.docx EN Motion for a resolution Subheading 4

Motion for a resolution Amendment

Artificial intelligence (AI) Content moderation, prioritisation and personalisation

Or. en

Amendment 270 Beata Mazurek, Andżelika Anna Możdżanowska

Motion for a resolution Paragraph 17

Motion for a resolution Amendment

17. Believes that while AI-driven 17. Believes that while AI-driven services, currently governed by the E- services, currently governed by the E- commerce Directive, have enormous Commerce Directive, have enormous potential to deliver benefits to consumers potential to deliver benefits to consumers and service providers, the new Digital and service providers, the new Digital Services Act should also address the Services Act should assess whether the challenges they present in terms of existing legislation and policy in the areas ensuring non-discrimination, transparency of data protection, competition, consumer and explainability of algorithms, as well as protection and business to business liability; points out the need to monitor obligations do not adequately address non- algorithms and to assess associated risks, to discrimination, transparency and use high quality and unbiased datasets, as explainability of algorithms; points out the well as to help individuals acquire access need to monitor algorithms and to assess to diverse content, opinions, high quality associated risks, to use high quality and products and services; unbiased datasets, without compromising trade secrets, violating user privacy or data disclosure laws, as well as to help individuals acquire access to diverse content, opinions, high quality products and services;

Or. en

Amendment 271 Maria Grapini, Adriana Maldonado López

AM\1204788EN.docx 141/163 PE650.712v01-00 EN Motion for a resolution Paragraph 17

Motion for a resolution Amendment

17. Believes that while AI-driven 17. Believes that while AI-driven services, currently governed by the E- services, currently governed by the E- commerce Directive, have enormous commerce Directive, have enormous potential to deliver benefits to consumers potential to deliver benefits to consumers and service providers, the new Digital and service providers, the new Digital Services Act should also address the Services Act should also address the challenges they present in terms of challenges they present in terms of ensuring non-discrimination, transparency ensuring non-discrimination, transparency and explainability of algorithms, as well as and explainability of algorithms, as well as liability; points out the need to monitor liability; points out the need to monitor algorithms and to assess associated risks, to algorithms and to assess associated risks, to use high quality and unbiased datasets, as use high quality and unbiased datasets, as well as to help individuals acquire access well as to help individuals acquire access to diverse content, opinions, high quality to diverse content, opinions, information products and services; on existing high quality products and services, to strengthen fundamental rights and find solutions to hold false news providers accountable, without restricting the freedom of expression;

Or. en

Amendment 272 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Liesje Schreinemacher, Svenja Hahn

Motion for a resolution Paragraph 17

Motion for a resolution Amendment

17. Believes that while AI-driven 17. Believes that while AI-driven services, currently governed by the E- services, currently governed by the E- commerce Directive, have enormous commerce Directive, have enormous potential to deliver benefits to consumers potential to deliver benefits to consumers and service providers, the new Digital and service providers, the new Digital Services Act should also address the Services Act should also address the challenges they present in terms of concrete challenges not already covered by ensuring non-discrimination, transparency current legislation that they present in and explainability of algorithms, as well as terms of ensuring non-discrimination, liability; points out the need to monitor transparency on the data sets and the algorithms and to assess associated risks, explainability - to the extent possible - of

PE650.712v01-00 142/163 AM\1204788EN.docx EN to use high quality and unbiased datasets, algorithms, as well as liability; points out as well as to help individuals acquire the need to assess associated risks, to use access to diverse content, opinions, high high quality and unbiased datasets, as well quality products and services; as to help individuals acquire access to diverse content, opinions, high quality products and services;

Or. en

Amendment 273 Alexandra Geese on behalf of the Greens/EFA Group

Motion for a resolution Paragraph 17

Motion for a resolution Amendment

17. Believes that while AI-driven 17. Believes that while AI-driven services, currently governed by the E- services, currently governed by the E- commerce Directive, have enormous commerce Directive, have enormous potential to deliver benefits to consumers potential to deliver benefits to consumers and service providers, the new Digital and service providers, the new Digital Services Act should also address the Services Act should also address the challenges they present in terms of challenges they present in terms of ensuring non-discrimination, transparency ensuring non-discrimination, transparency and explainability of algorithms, as well as and explainability of algorithms, as well as liability; points out the need to monitor liability; points out the need for audits of algorithms and to assess associated risks, algorithms and mandatory risk to use high quality and unbiased datasets, assessments of associated risks for as well as to help individuals acquire individuals, groups and society at large, to access to diverse content, opinions, high use high quality and unbiased datasets, as quality products and services; well as to help individuals acquire access to diverse content, opinions, high quality products and services;

Or. en

Amendment 274 Eugen Jurzyca, Adam Bielan

Motion for a resolution Paragraph 17

AM\1204788EN.docx 143/163 PE650.712v01-00 EN Motion for a resolution Amendment

17. Believes that while AI-driven 17. Believes that while AI-driven services, currently governed by the E- services, currently governed by the E- commerce Directive, have enormous commerce Directive, have enormous potential to deliver benefits to consumers potential to deliver benefits to consumers and service providers, the new Digital and service providers, the new Digital Services Act should also address the Services Act should also address the challenges they present in terms of challenges they present in terms of ensuring non-discrimination, transparency ensuring transparency and explainability of and explainability of algorithms, as well as inputs for algorithms and outputs for liability; points out the need to monitor which are algorithms optimised; points out algorithms and to assess associated risks, the need to assess associated risks of using to use high quality and unbiased datasets, AI, to use high quality and unbiased as well as to help individuals acquire underlying datasets, as well as to help access to diverse content, opinions, high individuals acquire access to diverse quality products and services; content, opinions, high quality products and services;

Or. en

Amendment 275 Marcel Kolaja

Motion for a resolution Paragraph 17

Motion for a resolution Amendment

17. Believes that while AI-driven 17. Believes that while AI-driven services, currently governed by the E- services, currently governed by the E- commerce Directive, have enormous commerce Directive, have enormous potential to deliver benefits to consumers potential to deliver benefits to consumers and service providers, the new Digital and service providers, future legislation on Services Act should also address the artificial intelligence should address the challenges they present in terms of challenges they present in terms of ensuring non-discrimination, transparency ensuring non-discrimination, transparency and explainability of algorithms, as well as and explainability of algorithms, as well as liability; points out the need to monitor liability; points out the need to monitor algorithms and to assess associated risks, to algorithms and to assess associated risks, to use high quality and unbiased datasets, as use high quality and unbiased datasets, as well as to help individuals acquire access well as to help individuals acquire access to diverse content, opinions, high quality to diverse content, opinions, high quality products and services; products and services;

Or. en

PE650.712v01-00 144/163 AM\1204788EN.docx EN Amendment 276 Pablo Arias Echeverría, Pilar del Castillo Vera, Róża Thun und Hohenstein, Tomislav Sokol, Romana Tomc

Motion for a resolution Paragraph 17

Motion for a resolution Amendment

17. Believes that while AI-driven 17. Believes that while AI-driven services, currently governed by the E- services, currently governed by the E- commerce Directive, have enormous commerce Directive, have enormous potential to deliver benefits to consumers potential to deliver benefits to consumers and service providers, the new Digital and service providers, the new Digital Services Act should also address the Services Act should also address the challenges they present in terms of challenges they present in terms of ensuring non-discrimination, transparency ensuring non-discrimination, transparency and explainability of algorithms, as well as and explainability of algorithms; points out liability; points out the need to monitor the need to monitor algorithms and to algorithms and to assess associated risks, to assess associated risks, to use high quality use high quality and unbiased datasets, as and when possible unbiased datasets, as well as to help individuals acquire access well as to help individuals acquire access to diverse content, opinions, high quality to diverse content, opinions, high quality products and services; products and services;

Or. en

Amendment 277 Arba Kokalari

Motion for a resolution Paragraph 17

Motion for a resolution Amendment

17. Believes that while AI-driven 17. Believes that while AI-driven services, currently governed by the E- services, currently governed by the E- commerce Directive, have enormous commerce Directive, have enormous potential to deliver benefits to consumers potential to deliver benefits to consumers and service providers, the new Digital and service providers, the new Digital Services Act should also address the Services Act should also address the challenges they present in terms of challenges they present in terms of ensuring non-discrimination, transparency ensuring non-discrimination, transparency and explainability of algorithms, as well as and explainability of algorithms, as well as liability; points out the need to monitor liability; points out the need to ensure that

AM\1204788EN.docx 145/163 PE650.712v01-00 EN algorithms and to assess associated risks, AI services used in high-risk sectors such to use high quality and unbiased datasets, as healthcare and transport are marked as well as to help individuals acquire by a high standard of security, access to diverse content, opinions, high transparency and data protection by quality products and services; introducing risk assessment and screening systems;

Or. sv

Amendment 278 Martin Schirdewan, Emmanuel Maurel, Stelios Kouloglou

Motion for a resolution Paragraph 17 a (new)

Motion for a resolution Amendment

(17a) Considers it necessary to end the “attention- seeking” profiling business model of digital markets, where algorithms priorities controversial content and thus contribute to its spread online; stresses thus, that users should have more control on how rankings are presented, e.g. by giving them the choice to arrange them alternatively;

Or. en

Amendment 279 Geoffroy Didier

Motion for a resolution Paragraph 17 a (new)

Motion for a resolution Amendment

17a. Believes that AI technologies have a wide range of specific applications and challenges; supports the assessment of AI technologies by a sectoral approach rather than a general approach, taking into account the value of human intervention and the scale of data provision;

PE650.712v01-00 146/163 AM\1204788EN.docx EN considers, however, that it is appropriate to develop an ethics of AI in order to protect individuals against potential abuses without hampering innovation;

Or. fr

Amendment 280 Brando Benifei, Maria Grapini, Andreas Schieder, Sylvie Guillaume, Adriana Maldonado López, Clara Aguilera, Marc Angel

Motion for a resolution Paragraph 17 a (new)

Motion for a resolution Amendment

17a. Deems necessary to ensure an approach based on social dialogue and effective information and consultation of workers in introducing and monitoring AI technologies and solutions, in particular with regard to the use of algorithms; the ‘human in command principle’ must be respected, inter alia, to prevent the rise of health and safety risks, alienating tasks, discrimination, undue surveillance, and abuses in management and HR processes;

Or. en

Amendment 281 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Liesje Schreinemacher, Sandro Gozi, Stéphanie Yon-Courtin, Svenja Hahn

Motion for a resolution Paragraph 17 a (new)

Motion for a resolution Amendment

17a. Recalls that the protection of personal data subject to automated decision-making processes is already covered, among others, by the General Data Protection Regulation and none of

AM\1204788EN.docx 147/163 PE650.712v01-00 EN the proposals should seek to repeat or amend such measures;

Or. en

Amendment 282 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Liesje Schreinemacher, Sandro Gozi, Stéphanie Yon-Courtin

Motion for a resolution Paragraph 17 b (new)

Motion for a resolution Amendment

17b. Underlines that algorithms can be protected as trade secrets within the meaning of the Directive 2016/943; stresses that any supervision of such algorithms, where needed, must be carried out by the national regulatory authority of the country of origin, on a case by case basis, only when a Member State has reason to believe that it has algorithmic bias, and be subject to clear confidentiality rules;

Or. en

Amendment 283 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Liesje Schreinemacher, Svenja Hahn

Motion for a resolution Paragraph 17 c (new)

Motion for a resolution Amendment

17c. Believes that the focus of the Commission should be on potential bias within datasets or in the output, rather than on the algorithms themselves;

Or. en

PE650.712v01-00 148/163 AM\1204788EN.docx EN Amendment 284 Martin Schirdewan, Emmanuel Maurel, Stelios Kouloglou

Motion for a resolution Paragraph 18

Motion for a resolution Amendment

18. Considers that consumers should be 18. Considers that consumers should be properly informed and their rights should properly informed in an understandable be effectively guaranteed when they and easily accessible way and their rights interact with automated decision-making should be effectively guaranteed when they systems and other innovative digital interact with automated decision-making services or applications; believes that it systems and other innovative digital should be possible for consumers to services or applications; believes that it request checks and corrections of possible should be possible for consumers to mistakes resulting from automated request checks and corrections of possible decisions, as well as to seek redress for any mistakes resulting from automated damage related to the use of automated decisions, as well as human intervention decision-making systems; and consumers should have the right to seek redress for any damage related to the use of automated decision-making systems; considers that the set of rights of consumers should be expanded to better protect them in the digital world, in particular the right to accountability and control and the right to fairness which should be considered in order to foster the necessary trust of consumers in AI applications;

Or. en

Amendment 285 Pablo Arias Echeverría, Róża Thun und Hohenstein, Tomislav Sokol, Andrey Kovatchev, Edina Tóth, Maria da Graça Carvalho, Pascal Arimont, Marion Walsmann, Kris Peeters, Romana Tomc, Andreas Schwab

Motion for a resolution Paragraph 18

Motion for a resolution Amendment

18. Considers that consumers should be 18. Considers that consumers should be properly informed and their rights should properly informed and their rights should be effectively guaranteed when they be effectively guaranteed when they interact with automated decision-making interact with automated decision-making

AM\1204788EN.docx 149/163 PE650.712v01-00 EN systems and other innovative digital systems and other innovative digital services or applications; believes that it services or applications; considers it should be possible for consumers to essential that automatic decision-making request checks and corrections of possible systems do not generate unfairly biased mistakes resulting from automated outputs for consumers in the single decisions, as well as to seek redress for any market; believes that it should be always damage related to the use of automated possible for consumers to be properly decision-making systems; informed about interacting with automated decision-making, and about how to reach a human with decision- making powers to request checks and corrections of possible mistakes resulting from automated decisions, as well as to seek redress for any damage related to the use of automated decision-making systems;

Or. en

Amendment 286 Jean-Lin Lacapelle, Virginie Joron

Motion for a resolution Paragraph 18

Motion for a resolution Amendment

18. Considers that consumers should be 18. Considers that consumers should be properly informed and their rights should properly informed and their rights should be effectively guaranteed when they be effectively guaranteed when they interact with automated decision-making interact with automated decision-making systems and other innovative digital systems and other innovative digital services or applications; believes that it services or applications; believes that it should be possible for consumers to should be possible for consumers to request checks and corrections of possible request checks and corrections of possible mistakes resulting from automated mistakes resulting from automated decisions, as well as to seek redress for any decisions, as well as to seek redress for any damage related to the use of automated damage related to the use of automated decision-making systems; decision-making systems, both from the entities concerned and national courts, on the model of the mechanism described in Article 17, paragraph 9, of the Copyright Directive1a;

______

PE650.712v01-00 150/163 AM\1204788EN.docx EN 1a Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (OJ L 130, 17.5.2019, p. 92).

Or. fr

Amendment 287 Eugen Jurzyca, Adam Bielan, Beata Mazurek

Motion for a resolution Paragraph 18

Motion for a resolution Amendment

18. Considers that consumers should be 18. Considers that consumers should be properly informed and their rights should properly informed and their rights should be effectively guaranteed when they be effectively guaranteed when they interact with automated decision-making interact with automated decision-making systems and other innovative digital systems and other innovative digital services or applications; believes that it services or applications; believes that it is should be possible for consumers to and it should be possible for consumers to request checks and corrections of possible request checks and corrections of possible mistakes resulting from automated mistakes resulting from automated decisions, as well as to seek redress for any decisions, as well as to seek redress for any damage related to the use of automated damage related to the use of automated decision-making systems; decision-making systems; believes that a decision issued via automated decision- making should be a subject of a remedy which is made out of an automated system, i.e. by human assessment;

Or. en

Amendment 288 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Liesje Schreinemacher

Motion for a resolution Paragraph 18

AM\1204788EN.docx 151/163 PE650.712v01-00 EN Motion for a resolution Amendment

18. Considers that consumers should 18. Considers that users have the right be properly informed and their rights to be properly informed and their rights should be effectively guaranteed when they should be effectively guaranteed when they interact with automated decision-making interact with automated decision-making systems and other innovative digital systems and other innovative digital services or applications; believes that it services or applications; further considers should be possible for consumers to that users should be informed when a request checks and corrections of possible service is personalised to its users and mistakes resulting from automated whether the personalisation can be decisions, as well as to seek redress for any switched off or otherwise limited; believes damage related to the use of automated that it should be possible for users to decision-making systems; request checks and corrections of possible mistakes resulting from automated decisions, as well as to seek redress for any damage related to the use of automated decision-making systems;

Or. en

Amendment 289 Edina Tóth

Motion for a resolution Paragraph 18

Motion for a resolution Amendment

18. Considers that consumers should be 18. Considers that consumers should be properly informed and their rights should properly informed and their rights should be effectively guaranteed when they be effectively guaranteed when they interact with automated decision-making interact with automated decision-making systems and other innovative digital systems and other innovative digital services or applications; believes that it services or applications; believes that it should be possible for consumers to should be possible for consumers to request checks and corrections of possible request checks and corrections of possible mistakes resulting from automated mistakes resulting from automated decisions, as well as to seek redress for any decisions, as well as to seek redress for any damage related to the use of automated damage related to the use of automated decision-making systems; decision-making systems; notes that the Parliament’s Resolution on automated- decision making emphasized1a that, ultima ratio, humans shall remain in control; ______

PE650.712v01-00 152/163 AM\1204788EN.docx EN 1a Resolution on Automated decision- making processes: Ensuring consumer protection, and free movement of goods and services(2019/2915(RSP)).

Or. en

Amendment 290 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Paragraph 18

Motion for a resolution Amendment

18. Considers that consumers should be 18. Considers that consumers should be properly informed and their rights should properly informed in a timely, impartial, be effectively guaranteed when they easily-readable, standardised and interact with automated decision-making accessible manner and their rights should systems and other innovative digital be effectively guaranteed when they services or applications; believes that it interact with automated decision-making should be possible for consumers to systems, in particular as regards the right request checks and corrections of possible to an effective remedy, and other digital mistakes resulting from automated services or applications; believes that it decisions, as well as to seek redress for any should be possible for consumers to damage related to the use of automated meaningfully contest, request checks and decision-making systems; corrections of automated decisions, as well as to seek redress for any damage related to the use of automated decision-making systems;

Or. en

Amendment 291 Evelyne Gebhardt, Monika Beňová, Biljana Borzan, Andreas Schieder, Marc Angel, Adriana Maldonado López

Motion for a resolution Paragraph 18

Motion for a resolution Amendment

18. Considers that consumers should be 18. Considers that consumers should be

AM\1204788EN.docx 153/163 PE650.712v01-00 EN properly informed and their rights should properly informed and their rights should be effectively guaranteed when they be effectively guaranteed when they interact with automated decision-making interact with automated decision-making systems and other innovative digital systems and other innovative digital services or applications; believes that it services or applications; believes that it should be possible for consumers to should be possible for consumers to request checks and corrections of possible request checks and corrections of possible mistakes resulting from automated mistakes resulting from automated decisions, as well as to seek redress for any decisions, as well as to seek redress for any damage related to the use of automated damage related to the use of automated decision-making systems; decision-making systems ensuring that the burden of proof should not lie on the consumer;

Or. en

Amendment 292 Arba Kokalari

Motion for a resolution Paragraph 18

Motion for a resolution Amendment

18. Considers that consumers should be 18. Considers that consumers should be properly informed and their rights should properly informed and their rights should be effectively guaranteed when they be effectively guaranteed when they interact with automated decision-making interact with automated decision-making systems and other innovative digital systems and other innovative digital services or applications; believes that it services or applications; believes that it should be possible for consumers to should be possible, in situations where it is request checks and corrections of possible proportionate and relevant, for consumers mistakes resulting from automated to request checks and corrections of decisions, as well as to seek redress for any possible mistakes resulting from automated damage related to the use of automated decisions, as well as to seek redress for any decision-making systems; damage related to the use of automated decision-making systems;

Or. sv

Amendment 293 Dan-Ștefan Motreanu

Motion for a resolution Paragraph 18

PE650.712v01-00 154/163 AM\1204788EN.docx EN Motion for a resolution Amendment

18. Considers that consumers should 18. Considers that users should be be properly informed and their rights properly informed and their rights should should be effectively guaranteed when they be effectively guaranteed when they interact with automated decision-making interact with automated decision-making systems and other innovative digital systems and other innovative digital services or applications; believes that it services or applications; believes that it should be possible for consumers to should be possible for business and request checks and corrections of possible individual users to request transparency, mistakes resulting from automated checks and corrections of possible mistakes decisions, as well as to seek redress for any or biases resulting from automated damage related to the use of automated decisions, as well as to seek redress for any decision-making systems; damage related to the use of automated decision-making systems;

Or. en

Amendment 294 Adam Bielan, Beata Mazurek, Eugen Jurzyca, Andżelika Anna Możdżanowska

Motion for a resolution Paragraph 18 a (new)

Motion for a resolution Amendment

18a. Notes that automated content moderation tools are incapable of effectively understanding the subtlety of context and meaning in human communication, which is necessary to determine whether assessed content may be considered to violate the law or terms of service; stresses therefore that the use of such tools should not be mandated by law;

Or. en

Amendment 295 Marco Zullo

Motion for a resolution Paragraph 18 a (new)

AM\1204788EN.docx 155/163 PE650.712v01-00 EN Motion for a resolution Amendment

18a. Considers that lack of clarity regarding the use of ‘chatbots’ may cause distress to certain particularly vulnerable groups who are led to believe that they are communicating with a human being, especially if bots use colloquial expressions in order to generate engagement and empathy;

Or. it

Amendment 296 Pablo Arias Echeverría, Róża Thun und Hohenstein, Tomislav Sokol, Andrey Kovatchev, Edina Tóth, Pascal Arimont, Kris Peeters, Romana Tomc, Andreas Schwab

Motion for a resolution Paragraph 18 a (new)

Motion for a resolution Amendment

18a. Underlines the importance of the use of data by digital platforms and that the accumulation of vast amounts of data by large technological enterprises creates imbalances in bargaining power and, thus, leads to the distortion of competition in the Single Market;

Or. en

Amendment 297 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Liesje Schreinemacher, Svenja Hahn

Motion for a resolution Paragraph 18 a (new)

Motion for a resolution Amendment

18a. Stresses that digital services should not exclusively use automated decision-making systems for consumer

PE650.712v01-00 156/163 AM\1204788EN.docx EN support;

Or. en

Amendment 298 Róża Thun und Hohenstein, Andrey Kovatchev, Maria da Graça Carvalho, Tomislav Sokol, Krzysztof Hetman

Motion for a resolution Subheading 5

Motion for a resolution Amendment

Tackling Illegal Content Online Tackling Illegal and Harmful Content Online

Or. en

Amendment 299 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Subheading 5

Motion for a resolution Amendment

Tackling Illegal Content Online Tackling Illegal Activities Online

Or. en

Amendment 300 Maria Grapini, Clara Aguilera, Adriana Maldonado López

Motion for a resolution Paragraph 19

Motion for a resolution Amendment

19. Stresses that the existence and 19. Stresses that the existence and spread of illegal content online is a severe spread of illegal content online is a severe threat that undermines citizens' trust and threat that undermines citizens' trust and

AM\1204788EN.docx 157/163 PE650.712v01-00 EN confidence in the digital environment, and confidence in the digital environment, and which also harms the economic which also harms the economic development of healthy platform development of healthy platform ecosystems in the Digital Single Market ecosystems in the Digital Single Market and severely hampers the development of and severely hampers the development of legitimate markets for digital services; legitimate markets for digital services, therefore Member States must lay down the sanctions applicable to those responsible for disseminating illegal content online, and using unfair commercial practices;

Or. en

Amendment 301 Kris Peeters

Motion for a resolution Paragraph 19

Motion for a resolution Amendment

19. Stresses that the existence and 19. Stresses that the existence and spread of illegal content online is a severe spread of illegal content online is a severe threat that undermines citizens' trust and threat that undermines citizens' trust and confidence in the digital environment, and confidence in the digital environment, and which also harms the economic which also harms the economic development of healthy platform development of healthy platform ecosystems in the Digital Single Market ecosystems in the Digital Single Market and severely hampers the development of and severely hampers the development of legitimate markets for digital services; legitimate markets for digital services; deems it therefore necessary that illegal content is removed swiftly and consistently;

Or. en

Amendment 302 Monika Beňová

Motion for a resolution Paragraph 19

PE650.712v01-00 158/163 AM\1204788EN.docx EN Motion for a resolution Amendment

19. Stresses that the existence and 19. Stresses that the existence and spread of illegal content online is a severe spread of illegal content online is a severe threat that undermines citizens' trust and threat that undermines citizens' trust and confidence in the digital environment, and confidence in the digital environment, which also harms the economic especially when it is related to cross- development of healthy platform border services, and which also harms the ecosystems in the Digital Single Market economic development of healthy platform and severely hampers the development of ecosystems in the Digital Single Market legitimate markets for digital services; and severely hampers the development of legitimate markets for digital services;

Or. en

Amendment 303 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Liesje Schreinemacher, Sandro Gozi, Stéphanie Yon-Courtin, Svenja Hahn

Motion for a resolution Paragraph 19

Motion for a resolution Amendment

19. Stresses that the existence and 19. Stresses that the existence and spread of illegal content online is a severe spread of illegal content online, such as threat that undermines citizens' trust and incitement to terrorism, illegal hate confidence in the digital environment, and speech, or child sexual abuse material, as which also harms the economic well as infringements of intellectual development of healthy platform property rights and consumer protection ecosystems in the Digital Single Market online undermines citizens' trust and and severely hampers the development of confidence in the digital environment and legitimate markets for digital services; harms healthy platform ecosystems in the Digital Single Market;

Or. en

Amendment 304 Róża Thun und Hohenstein, Andrey Kovatchev, Maria da Graça Carvalho, Tomislav Sokol, Krzysztof Hetman

Motion for a resolution Paragraph 19

AM\1204788EN.docx 159/163 PE650.712v01-00 EN Motion for a resolution Amendment

19. Stresses that the existence and 19. Stresses that the existence and spread of illegal content online is a severe spread of illegal and harmful content threat that undermines citizens' trust and online is a severe threat that undermines confidence in the digital environment, and citizens' trust and confidence in the digital which also harms the economic environment, and which also harms the development of healthy platform economic development of healthy platform ecosystems in the Digital Single Market ecosystems in the Digital Single Market and severely hampers the development of and severely hampers the development of legitimate markets for digital services; legitimate markets for digital services;

Or. en

Amendment 305 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Paragraph 19

Motion for a resolution Amendment

19. Stresses that the existence and 19. Stresses that the existence and spread of illegal content online is a severe spread of illegal activities online is a severe threat that undermines citizens' trust and threat that undermines citizens' trust and confidence in the digital environment, and confidence in the digital environment, and which also harms the economic which also harms the economic development of healthy platform development of healthy platform ecosystems in the Digital Single Market ecosystems in the Digital Single Market and severely hampers the development of and severely hampers the development of legitimate markets for digital services; legitimate markets for digital services;

Or. en

Amendment 306 Eugen Jurzyca

Motion for a resolution Paragraph 19

PE650.712v01-00 160/163 AM\1204788EN.docx EN Motion for a resolution Amendment

19. Stresses that the existence and 19. Stresses that the existence of illegal spread of illegal content online is a severe content online is a severe threat that threat that undermines citizens' trust and undermines citizens' trust and confidence confidence in the digital environment, and in the digital environment, and which also which also harms the economic harms the economic development of development of healthy platform healthy platform ecosystems in the Digital ecosystems in the Digital Single Market Single Market and severely hampers the and severely hampers the development of development of legitimate markets for legitimate markets for digital services; digital services;

Or. en

Amendment 307 Eugen Jurzyca

Motion for a resolution Paragraph 19 a (new)

Motion for a resolution Amendment

19a. Is of the view that in order for consumers to protect their rights and for businesses to efficiently moderate the content uploaded by users, illegal content should be easily distinguishable from harmful content or misinformation online; asks the Commission to provide a understandable definition of illegal information and activities including their exhaustive list and to provide safeguards in order to avoid gold-plating of this rules by the Member States;

Or. en

Amendment 308 Jordi Cañas

Motion for a resolution Paragraph 19 a (new)

AM\1204788EN.docx 161/163 PE650.712v01-00 EN Motion for a resolution Amendment

19a. Acknowledges that it would be very difficult to arrive at a single, legally relevant and future-proof definition of online platforms at EU level, owing to factors such as the great variety of types of existing online business models and their areas of activity; notes that in any case one single EU definition would not help the EU succeed in the platform economy, considering the fast-changing environment of the digital world;

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Amendment 309 Andreas Schieder

Motion for a resolution Paragraph 19 a (new)

Motion for a resolution Amendment

19a. Is of the opinion that platforms and digital service providers must be held liable for illegal actions or dissemination of illegal content (e.g. social housing offers on short term rental platforms) and believes that discriminatory decisions of platforms can be made only according to local laws or court decisions; stresses that this also requires the provision of and access to utilizable data;

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Amendment 310 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Liesje Schreinemacher, Svenja Hahn

Motion for a resolution Paragraph 19 a (new)

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19a. Believes that allowing new innovative business models to flourish and strengthening the Digital Single Market by removing barriers to the free movement of digital content, barriers which creates national fragmented markets and a demand for illegal content, have been proven to work in the past, especially in relation to the infringements of intellectual property rights;

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Amendment 311 Marco Campomenosi, Antonio Maria Rinaldi, Isabella Tovaglieri, Markus Buchheit, Jean-Lin Lacapelle on behalf of the ID Group Alessandra Basso

Motion for a resolution Paragraph 19 a (new)

Motion for a resolution Amendment

19a. Stresses that child pornography is a widespread and steadily growing phenomenon that cannot go unnoticed and must be fought vigorously by common action;

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