European Parliament 2019-2024

Committee on the Internal Market and Consumer Protection

2020/2018(INL)

18.5.2020

AMENDMENTS 599 - 919

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

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

AM\1205187EN.docx PE652.305v01-00

EN United in diversityEN AM_Com_NonLegReport

PE652.305v01-00 2/152 AM\1205187EN.docx EN Amendment 599 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Liesje Schreinemacher, Svenja Hahn

Motion for a resolution Annex I – part IV – title

Motion for a resolution Amendment

IV. DUE DILIGENCE IV. TRANSPARENCY AND OBLIGATIONS INFORMATION OBLIGATIONS

Or. en

Amendment 600 Salvatore De Meo

Motion for a resolution Annex I – part IV – paragraph 1 – introductory part

Motion for a resolution Amendment

The Digital Services Act should introduce The Digital Services Act should introduce clear due diligence transparency and clear due diligence obligations, including information obligations; those obligations with regards to transparency and should not create any derogations or new information; those obligations should cover exemptions to the current liability regime the aspects described below: and the secondary liability set out under Articles 12, 13, and 14 of the E- Commerce Directive and should cover the aspects described below:

Or. en

Amendment 601 Eugen Jurzyca

Motion for a resolution Annex I – part IV – paragraph 1 – introductory part

Motion for a resolution Amendment

The Digital Services Act should introduce The Digital Services Act should introduce clear due diligence transparency and clear and proportionate due diligence information obligations; those obligations transparency and information obligations;

AM\1205187EN.docx 3/152 PE652.305v01-00 EN should not create any derogations or new those obligations should not create any exemptions to the current liability regime derogations or new exemptions to the and the secondary liability set out under current liability regime and the secondary Articles 12, 13, and 14 of the E-Commerce liability set out under Articles 12, 13, and Directive and should cover the aspects 14 of the E-Commerce Directive and described below: should cover the aspects described below:

Or. en

Amendment 602 Sandro Gozi, Stéphanie Yon-Courtin

Motion for a resolution Annex I – part IV – paragraph 1 – introductory part

Motion for a resolution Amendment

The Digital Services Act should introduce The Digital Services Act should introduce clear due diligence transparency and clear due diligence obligations, including information obligations; those obligations on transparency and information; those should not create any derogations or new obligations should not create any exemptions to the current liability regime derogations or new exemptions to the and the secondary liability set out under current liability regime and the secondary Articles 12, 13, and 14 of the E-Commerce liability set out under Articles 12, 13, and Directive and should cover the aspects 14 of the E-Commerce Directive and described below: should cover the aspects described below:

Or. en

Amendment 603 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Annex I – part IV – paragraph 1 – introductory part

Motion for a resolution Amendment

The Digital Services Act should introduce The Digital Services Act should introduce clear due diligence transparency and clear due diligence transparency and information obligations; those obligations information obligations rather than a should not create any derogations or new general duty of care; those obligations exemptions to the current liability regime should not create any derogations or new and the secondary liability set out under exemptions to the current liability regime

PE652.305v01-00 4/152 AM\1205187EN.docx EN Articles 12, 13, and 14 of the E-Commerce set out under Articles 12, 13, and 14 of the Directive and should cover the aspects E-Commerce Directive and should cover described below: the aspects described below:

Or. en

Amendment 604 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Liesje Schreinemacher, Svenja Hahn

Motion for a resolution Annex I – part IV – paragraph 1 – introductory part

Motion for a resolution Amendment

The Digital Services Act should introduce The Digital Services Act should introduce clear due diligence transparency and clear transparency and information information obligations; those obligations obligations; those obligations should not should not create any derogations or new create any derogations or new exemptions exemptions to the current liability regime to the current liability regime and the and the secondary liability set out under secondary liability set out under Articles Articles 12, 13, and 14 of the E-Commerce 12, 13, and 14 of the E-Commerce Directive and should cover the aspects Directive and should cover the aspects described below: described below:

Or. en

Amendment 605 Eugen Jurzyca, Adam Bielan, Beata Mazurek

Motion for a resolution Annex I – part IV – paragraph 1 – subparagraph 1 – indent 1

Motion for a resolution Amendment

- the information requirements in deleted Article 5 of the E-Commerce Directive should be reinforced and the “Know Your Business Customer” principle should be introduced; services providers should verify the identity of their business partners, including their company registration number or any equivalent means of identification including, if necessary, the verified national identity of

AM\1205187EN.docx 5/152 PE652.305v01-00 EN their ultimate beneficial owner; that information should be accurate and up- to-date, and service providers should not be allowed to provide their services when the identity of their business customer is false, misleading or otherwise invalid;

Or. en

Amendment 606 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Svenja Hahn

Motion for a resolution Annex I – part IV – paragraph 1 – subparagraph 1 – indent 1

Motion for a resolution Amendment

- the information requirements in - the information requirements in Article 5 of the E-Commerce Directive Article 5 and Article 6 of the E-Commerce should be reinforced and the “Know Your Directive should be reinforced and the Business Customer” principle should be “Know Your Business Customer” principle introduced; services providers should should be introduced in the case where verify the identity of their business providers of online intermediation partners, including their company services use an information society service registration number or any equivalent as means to sell or communicate with means of identification including, if consumers; for traders or other providers necessary, the verified national identity of on marketplaces and advertisers, brokers their ultimate beneficial owner; that or other providers of commercial information should be accurate and up-to- communication, services providers should date, and service providers should not be collect the identity of their business allowed to provide their services when the partners, including their company identity of their business customer is false, registration number or any equivalent misleading or otherwise invalid; means of identification; that information should be accurate and up-to-date, and service providers should not be allowed to provide their services when the information is incomplete or when the provider has been informed by the competent authorities that the identity of their business customer is false, misleading or otherwise invalid;

Or. en

PE652.305v01-00 6/152 AM\1205187EN.docx EN Amendment 607 Arba Kokalari

Motion for a resolution Annex I – part IV – paragraph 1 – subparagraph 1 – indent 1

Motion for a resolution Amendment

- the information requirements in - the information requirements in Article 5 of the E-Commerce Directive Article 5 of the E-Commerce Directive should be reinforced and the “Know Your should be reinforced and the “Know Your Business Customer” principle should be Business Customer” principle should be introduced; services providers should introduced; services providers should verify the identity of their business verify the identity of their business partners partners, including their company by obtaining sufficient information to be registration number or any equivalent able to hold them liable for breaches of means of identification including, if applicable consumer legislation. that necessary, the verified national identity of information should be accurate and service their ultimate beneficial owner; that providers should conduct regular spot information should be accurate and up-to- checks to detect inaccurate data. date, and service providers should not be allowed to provide their services when the identity of their business customer is false, misleading or otherwise invalid;

Or. sv

Amendment 608 Adriana Maldonado López, Clara Aguilera, Marc Angel

Motion for a resolution Annex I – part IV – paragraph 1 – subparagraph 1 – indent 1

Motion for a resolution Amendment

- the information requirements in - the information requirements in Article 5 of the E-Commerce Directive Article 5 of the E-Commerce Directive should be reinforced and the “Know Your should be reinforced and the “Know Your Business Customer” principle should be Business Customer” principle should be introduced; services providers should introduced; services providers should verify the identity of their business regularly verify the identity of their partners, including their company business partners, including their company registration number or any equivalent registration number or any equivalent means of identification including, if means of identification including, if necessary, the verified national identity of necessary, the verified national identity of their ultimate beneficial owner; that their ultimate beneficial owner, the postal information should be accurate and up-to- address and the latest contact details; that

AM\1205187EN.docx 7/152 PE652.305v01-00 EN date, and service providers should not be information should be accurate and up-to- allowed to provide their services when the date, and service providers should not be identity of their business customer is false, allowed to provide their services when the misleading or otherwise invalid; identity of their business customer is false, misleading or otherwise invalid;

Or. es

Amendment 609 Marcel Kolaja

Motion for a resolution Annex I – part IV – paragraph 1 – subparagraph 1 – indent 1

Motion for a resolution Amendment

- the information requirements in - the information requirements in Article 5 of the E-Commerce Directive Article 5 of the E-Commerce Directive should be reinforced and the “Know Your should be reinforced and the “Know Your Business Customer” principle should be Business Customer” principle should be introduced; services providers should introduced for business users of online verify the identity of their business market places; services providers should partners, including their company verify the identity of their business registration number or any equivalent partners, including their company means of identification including, if registration number or any equivalent necessary, the verified national identity of means of identification including, if their ultimate beneficial owner; that necessary, the verified national identity of information should be accurate and up-to- their ultimate beneficial owner; that date, and service providers should not be information should be accurate and up-to- allowed to provide their services when the date, and service providers should not be identity of their business customer is false, allowed to provide their services when they misleading or otherwise invalid; are notified that the identity of their business customer is false, misleading or otherwise invalid;

Or. en

Amendment 610 Alex Agius Saliba, Adriana Maldonado López, Maria-Manuel Leitão-Marques, Clara Aguilera, Brando Benifei, Andreas Schieder, Biljana Borzan

Motion for a resolution Annex I – part IV – paragraph 1 – subparagraph 1 – indent 1

PE652.305v01-00 8/152 AM\1205187EN.docx EN Motion for a resolution Amendment

- the information requirements in - the information requirements in Article 5 of the E-Commerce Directive Article 5 of the E-Commerce Directive should be reinforced and the “Know Your should be reinforced and the “Know Your Business Customer” principle should be Business Customer” principle limited to introduced; services providers should the direct commercial relationships of the verify the identity of their business hosting provider should be introduced; partners, including their company hosting providers should verify the identity registration number or any equivalent of their business partners, including their means of identification including, if company registration number or any necessary, the verified national identity of equivalent means of identification their ultimate beneficial owner; that including, the verified national identity of information should be accurate and up-to- their ultimate beneficial owner; that date, and service providers should not be information should be accurate and up-to- allowed to provide their services when the date, and service providers should not be identity of their business customer is false, allowed to provide their services when the misleading or otherwise invalid; identity of their business customer is false, misleading or otherwise invalid;

Or. en

Amendment 611 Maria Grapini, Clara Aguilera, Adriana Maldonado López

Motion for a resolution Annex I – part IV – paragraph 1 – subparagraph 1 – indent 1

Motion for a resolution Amendment

- the information requirements in - the information requirements in Article 5 of the E-Commerce Directive Article 5 of the E-Commerce Directive should be reinforced and the “Know Your should be reinforced and the “Know Your Business Customer” principle should be Business Customer” principle should be introduced; services providers should introduced; services providers should verify the identity of their business verify the identity of their business partners, including their company partners, including their company registration number or any equivalent registration number or any equivalent means of identification including, if means of identification including, if necessary, the verified national identity of necessary, the verified national identity of their ultimate beneficial owner; that their ultimate beneficial owner; that information should be accurate and up-to- information should be accurate and up-to- date, and service providers should not be date, and service providers should not be allowed to provide their services when the allowed to provide their services when the identity of their business customer is false, identity of their business customer or individuals who sell on online platforms is

AM\1205187EN.docx 9/152 PE652.305v01-00 EN misleading or otherwise invalid; false, misleading or otherwise invalid;

Or. en

Amendment 612 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Annex I – part IV – paragraph 1 – subparagraph 1 – indent 1

Motion for a resolution Amendment

- the information requirements in - the information requirements in Article 5 of the E-Commerce Directive Article 5 of the E-Commerce Directive should be reinforced and the “Know Your should be reinforced and the “Know Your Business Customer” principle should be Business Customer” principle should be introduced; services providers should introduced for business users; services verify the identity of their business providers should verify the identity of partners, including their company business user, including their company registration number or any equivalent registration number or any equivalent means of identification including, if means of identification including, if necessary, the verified national identity of necessary, the verified national identity of their ultimate beneficial owner; that their ultimate beneficial owner; that information should be accurate and up-to- information should be accurate and up-to- date, and service providers should not be date, and service providers should not be allowed to provide their services when the allowed to provide services when the identity of their business customer is false, identity of their business user is false, misleading or otherwise invalid; misleading or otherwise invalid;

Or. en

Amendment 613 Jean-Lin Lacapelle, Virginie Joron

Motion for a resolution Annex I – part IV – paragraph 1 – subparagraph 1 – indent 1 a (new)

Motion for a resolution Amendment

- knowledge of the commercial identity of the targeted commercial entities should be accompanied by the designation of a natural person

PE652.305v01-00 10/152 AM\1205187EN.docx EN responsible for these entities, a ‘contact point’ for complaints or appeals, whose contact details would be accessible in the event of judicial proceedings in order to render ineffective bankruptcies or fraudulent dissolutions organised by ad hoc companies guilty of online scams;

Or. fr

Amendment 614 Jean-Lin Lacapelle, Virginie Joron

Motion for a resolution Annex I – part IV – paragraph 1 – subparagraph 1 – indent 2

Motion for a resolution Amendment

- that measure should apply only to - that measure should apply only to business-to-business relationships and business-to-business relationships and should be without prejudice to the rights of should be without prejudice to the rights of users under the GDPR, as well as the right users under the GDPR, as well as the right to internet anonymity or being an to internet anonymity or being an unidentified user; the new general unidentified user; this right, which is very information requirements should review unevenly recognised and applied in the and further enhance Articles 5 and 10 of legislation of the Member States, should the E-Commerce Directive in order to align be the subject of guidelines for its those measures with the information effective recognition; the new general requirements established in recently information requirements should review adopted legislation, in particular the Unfair and further enhance Articles 5 and 10 of Contract Terms Directive5 , the Consumer the E-Commerce Directive in order to align Rights Directive and the Platform to those measures with the information Business Regulation. requirements established in recently adopted legislation, in particular the Unfair Contract Terms Directive5 , the Consumer Rights Directive and the Platform to Business Regulation. ______5 Council Directive 93/13/EEC of 5 April 5 Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer 1993 on unfair terms in consumer contracts, most recently amended by contracts, most recently amended by Directive (EU) 2019/2161 of the European Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 Parliament and of the Council of 27 November 2019 amending Council November 2019 amending Council Directive 93/13/EEC and Directives Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of 98/6/EC, 2005/29/EC and 2011/83/EU of

AM\1205187EN.docx 11/152 PE652.305v01-00 EN the European Parliament and of the the European Parliament and of the Council as regards the better enforcement Council as regards the better enforcement and modernisation of Union consumer and modernisation of Union consumer protection rules (OJ L 328, 18.12.2019, p. protection rules (OJ L 328, 18.12.2019, p. 7). 7).

Or. fr

Amendment 615 Arba Kokalari

Motion for a resolution Annex I – part IV – paragraph 1 – subparagraph 1 – indent 2

Motion for a resolution Amendment

- that measure should apply only to - that measure should apply only to business-to-business relationships and contractual business-to-business should be without prejudice to the rights of relationships and should be without users under the GDPR, as well as the right prejudice to the rights of users under the to internet anonymity or being an GDPR, as well as the right to internet unidentified user; the new general anonymity or being an unidentified user; information requirements should review the new general information requirements and further enhance Articles 5 and 10 of should review and further enhance Articles the E-Commerce Directive in order to align 5 and 10 of the E-Commerce Directive in those measures with the information order to align those measures with the requirements established in recently information requirements established in adopted legislation, in particular the Unfair recently adopted legislation, in particular Contract Terms Directive5 , the Consumer the Unfair Contract Terms Directive5 , the Rights Directive and the Platform to Consumer Rights Directive and the Business Regulation. Platform to Business Regulation. ______5 Council Directive 93/13/EEC of 5 April 5 Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer 1993 on unfair terms in consumer contracts, most recently amended by contracts, most recently amended by Directive (EU) 2019/2161 of the European Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 Parliament and of the Council of 27 November 2019 amending Council November 2019 amending Council Directive 93/13/EEC and Directives Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the the European Parliament and of the Council as regards the better enforcement Council as regards the better enforcement and modernisation of Union consumer and modernisation of Union consumer protection rules (OJ L 328, 18.12.2019, p. protection rules (OJ L 328, 18.12.2019, p. 7). 7).

PE652.305v01-00 12/152 AM\1205187EN.docx EN Or. sv

Amendment 616 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Liesje Schreinemacher, Sandro Gozi, Stéphanie Yon-Courtin, Svenja Hahn

Motion for a resolution Annex I – part IV – paragraph 1 – subparagraph 1 – indent 2

Motion for a resolution Amendment

- that measure should apply only to - that measure should apply only to business-to-business relationships and business-to-business relationships and should be without prejudice to the rights of should be without prejudice to the rights of users under the GDPR, as well as the right users under the GDPR, as well as the right to internet anonymity or being an to internet anonymity or being an unidentified user; the new general unidentified user; the new general information requirements should review information requirements should review and further enhance Articles 5 and 10 of and further enhance Articles 5, 6 and 10 of the E-Commerce Directive in order to align the E-Commerce Directive in order to align those measures with the information those measures with the information requirements established in recently requirements established in recently adopted legislation, in particular the Unfair adopted legislation, in particular the Unfair Contract Terms Directive5 , the Consumer Contract Terms Directive5 , the Consumer Rights Directive and the Platform to Rights Directive and the Platform to Business Regulation. Business Regulation. ______5 Council Directive 93/13/EEC of 5 April 5 Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer 1993 on unfair terms in consumer contracts, most recently amended by contracts, most recently amended by Directive (EU) 2019/2161 of the European Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 Parliament and of the Council of 27 November 2019 amending Council November 2019 amending Council Directive 93/13/EEC and Directives Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the the European Parliament and of the Council as regards the better enforcement Council as regards the better enforcement and modernisation of Union consumer and modernisation of Union consumer protection rules (OJ L 328, 18.12.2019, p. protection rules (OJ L 328, 18.12.2019, p. 7). 7).

Or. en

AM\1205187EN.docx 13/152 PE652.305v01-00 EN Amendment 617 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Annex I – part IV – paragraph 1 – subparagraph 1 – indent 2

Motion for a resolution Amendment

- that measure should apply only to - this measure should apply only to business-to-business relationships and business-to-business relationships and should be without prejudice to the rights of should be without prejudice to the rights of users under the GDPR, as well as the right data subjects under the GDPR, as well as to internet anonymity or being an the right to consumer anonymity or being unidentified user; the new general an unidentified user; the new general information requirements should review information requirements should further and further enhance Articles 5 and 10 of enhance Articles 5 and 10 of the E- the E-Commerce Directive in order to Commerce Directive in order to align those measures with the information complement those measures with the requirements established in recently information requirements established in adopted legislation, in particular the Unfair recently adopted legislation, in particular Contract Terms Directive5 , the Consumer the Unfair Contract Terms Directive5 , the Rights Directive and the Platform to Consumer Rights Directive and the Business Regulation. Platform to Business Regulation. ______5 Council Directive 93/13/EEC of 5 April 5 Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer 1993 on unfair terms in consumer contracts, most recently amended by contracts, most recently amended by Directive (EU) 2019/2161 of the European Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 Parliament and of the Council of 27 November 2019 amending Council November 2019 amending Council Directive 93/13/EEC and Directives Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the the European Parliament and of the Council as regards the better enforcement Council as regards the better enforcement and modernisation of Union consumer and modernisation of Union consumer protection rules (OJ L 328, 18.12.2019, p. protection rules (OJ L 328, 18.12.2019, p. 7). 7).

Or. en

Amendment 618 Pablo Arias Echeverría, Pilar del Castillo Vera, Tomislav Sokol, Andrey Kovatchev, Romana Tomc, Andreas Schwab

PE652.305v01-00 14/152 AM\1205187EN.docx EN Motion for a resolution Annex I – part IV – paragraph 1 – subparagraph 1 – indent 2

Motion for a resolution Amendment

- that measure should apply only to - that measure should apply only to business-to-business relationships and business-to-business relationships, and should be without prejudice to the rights of should be without prejudice to the rights of users under the GDPR, as well as the right users under the GDPR, as well as to the to internet anonymity or being an possibility of being anonymous on the unidentified user; the new general internet; the new general information information requirements should review requirements should review and further and further enhance Articles 5 and 10 of enhance Articles 5 and 10 of the E- the E-Commerce Directive in order to align Commerce Directive in order to align those those measures with the information measures with the information requirements established in recently requirements established in recently adopted legislation, in particular the Unfair adopted legislation, in particular the Unfair Contract Terms Directive5 , the Consumer Contract Terms Directive, the Consumer Rights Directive and the Platform to Rights Directive and the Platform to Business Regulation. Business Regulation. ______5 Council Directive 93/13/EEC of 5 April 5 Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer 1993 on unfair terms in consumer contracts, most recently amended by contracts, most recently amended by Directive (EU) 2019/2161 of the European Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 Parliament and of the Council of 27 November 2019 amending Council November 2019 amending Council Directive 93/13/EEC and Directives Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the the European Parliament and of the Council as regards the better enforcement Council as regards the better enforcement and modernisation of Union consumer and modernisation of Union consumer protection rules (OJ L 328, 18.12.2019, p. protection rules (OJ L 328, 18.12.2019, p. 7). 7).

Or. en

Amendment 619 Pablo Arias Echeverría, Tomislav Sokol, Andrey Kovatchev, Marion Walsmann, Romana Tomc, Anna-Michelle Asimakopoulou, Andreas Schwab

Motion for a resolution Annex I – part IV – paragraph 1 – subparagraph 1 – indent 2 a (new)

AM\1205187EN.docx 15/152 PE652.305v01-00 EN Motion for a resolution Amendment

- Measures to address the problem of fake profiles of users and service providers should be explored by the Commission. Information society service providers and users should be identifiable by authorities if needed; this would be the case if they commit an illegal activity online. The Commission should come up with measures that allow judiciary authorities to identify and catch in a very agile way those users that carry out illegal activities (to protect both, users and platforms), while preserving the data protection rights of each user. The creation of a digital identity could be a solution to this challenge.

Or. en

Amendment 620 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, Sylvie Guillaume

Motion for a resolution Annex I – part IV – paragraph 1 – subparagraph 1 – indent 2 a (new)

Motion for a resolution Amendment

- The provisions of Article 5 of the E-Commerce Directive should be further modernised by requiring traders to provide consumers with direct and efficient means of communication such as electronic contact forms, chatbots, instant messaging or telephone callback, provided that the information relating to those means of communication is accessible to consumers in a clear and comprehensible manner.

Or. en

PE652.305v01-00 16/152 AM\1205187EN.docx EN Amendment 621 Jean-Lin Lacapelle, Virginie Joron

Motion for a resolution Annex I – part IV – paragraph 1 – subparagraph 1 – indent 2 a (new)

Motion for a resolution Amendment

- The information requirements referred to in Articles 5 and 10 of the E- Commerce Directive should lead to the principle of truthful legal and fiscal reporting of the commercial activities, including passive ones (in particular income from advertising), actually carried out in the territory of a Member State of the Union.

Or. fr

Amendment 622 Alexandra Geese on behalf of the Greens/EFA Group Alex Agius Saliba, Marcel Kolaja

Motion for a resolution Annex I – part IV – paragraph 1 – subparagraph 2 – introductory part

Motion for a resolution Amendment

The Digital Services Act should require Without prejudice to the Consumer Rights service providers to adopt fair and Directive and the Unfair Commercial transparent contract terms and general Practices Directive, the Digital Services conditions in compliance with at least the Act should establish minimum standards following requirements: for contract terms and general conditions used by service providers and should require them to be fair, accessible, predictable, non-discriminatory and transparent and in compliance with at least the following requirements:

Or. en

Amendment 623 Adam Bielan, Beata Mazurek, Eugen Jurzyca, Andżelika Anna Możdżanowska

AM\1205187EN.docx 17/152 PE652.305v01-00 EN Motion for a resolution Annex I – part IV – paragraph 1 – subparagraph 2 – introductory part

Motion for a resolution Amendment

The Digital Services Act should require The Digital Services Act should require service providers to adopt fair and service providers to adopt fair and transparent contract terms and general transparent contract terms and general conditions in compliance with at least the conditions combining existing and new following requirements: requirements:

Or. en

Amendment 624 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Annex I – part IV – paragraph 1 – subparagraph 2 – indent 1

Motion for a resolution Amendment

- to expressly set out in their contract - to expressly set out in their contract terms and general conditions that service terms and general conditions that providers will not store illegal content; uploading illegal content bears the full consequences of the applicable law.

Or. en

Amendment 625 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Liesje Schreinemacher, Svenja Hahn

Motion for a resolution Annex I – part IV – paragraph 1 – subparagraph 2 – indent 1

Motion for a resolution Amendment

- to expressly set out in their contract - to expressly set out in their contract terms and general conditions that service terms and general conditions that service providers will not store illegal content; providers will not knowingly store illegal content;

PE652.305v01-00 18/152 AM\1205187EN.docx EN Or. en

Amendment 626 Eugen Jurzyca, Adam Bielan, Beata Mazurek

Motion for a resolution Annex I – part IV – paragraph 1 – subparagraph 2 – indent 2

Motion for a resolution Amendment

- explicitly mentioning in the deleted contract terms and general conditions what is to be understood as illegal content according to the Union or national law applicable to the service(s) being provided;

Or. en

Amendment 627 Adriana Maldonado López, Clara Aguilera, Marc Angel

Motion for a resolution Annex I – part IV – paragraph 1 – subparagraph 2 – indent 2

Motion for a resolution Amendment

- explicitly mentioning in the - explicitly mentioning in the contract terms and general conditions what contract terms and general conditions what is to be understood as illegal content is to be understood as illegal content according to the Union or national law according to the Union or national law applicable to the service(s) being provided; applicable to the service(s) being provided; clearly setting out policies regarding such content and with regard to repeat offenders and the suspension of accounts;

Or. es

Amendment 628 Marcel Kolaja

AM\1205187EN.docx 19/152 PE652.305v01-00 EN Motion for a resolution Annex I – part IV – paragraph 1 – subparagraph 2 – indent 2

Motion for a resolution Amendment

- explicitly mentioning in the - explicitly mentioning in the contract terms and general conditions what contract terms and general conditions what is to be understood as illegal content is to be understood as illegal content according to the Union or national law according to the Union or national law applicable to the service(s) being provided;

Or. en

Amendment 629 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Annex I – part IV – paragraph 1 – subparagraph 2 – indent 2 a (new)

Motion for a resolution Amendment

- to ensure that the contract terms and general conditions comply with fundamental rights standards;

Or. en

Amendment 630 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Annex I – part IV – paragraph 1 – subparagraph 2 – indent 3

Motion for a resolution Amendment

- to define clear, and unambiguous deleted contract terms and general conditions in a plain and intelligible language;

Or. en

PE652.305v01-00 20/152 AM\1205187EN.docx EN Amendment 631 Adam Bielan, Beata Mazurek, Eugen Jurzyca, Andżelika Anna Możdżanowska

Motion for a resolution Annex I – part IV – paragraph 1 – subparagraph 2 – indent 4

Motion for a resolution Amendment

- to ensure that the contract terms deleted and general conditions comply with these and all information requirements established by Union law, including the Unfair Contract Terms Directive, the Consumer Rights Directive and the GDPR;

Or. en

Amendment 632 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Annex I – part IV – paragraph 1 – subparagraph 2 – indent 4

Motion for a resolution Amendment

- to ensure that the contract terms - to ensure that the contract terms and general conditions comply with these and general conditions comply with these and all information requirements and all information requirements established by Union law, including the established by Union law, including the Unfair Contract Terms Directive, the Unfair Contract Terms Directive, the Consumer Rights Directive and the GDPR; Unfair Commercial Practices Directive, the Consumer Rights Directive and the GDPR;

Or. en

Amendment 633 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Liesje Schreinemacher, Sandro Gozi, Stéphanie Yon-Courtin, Svenja Hahn

AM\1205187EN.docx 21/152 PE652.305v01-00 EN Motion for a resolution Annex I – part IV – paragraph 1 – subparagraph 2 – indent 4

Motion for a resolution Amendment

- to ensure that the contract terms - to ensure that the contract terms and general conditions comply with these and general conditions comply with Union and all information requirements law, including any and all relevant established by Union law, including the information requirements, including those Unfair Contract Terms Directive, the the Unfair Contract Terms Directive, the Consumer Rights Directive and the GDPR; Consumer Rights Directive and the GDPR;

Or. en

Amendment 634 Eugen Jurzyca, Adam Bielan, Beata Mazurek

Motion for a resolution Annex I – part IV – paragraph 1 – subparagraph 2 – indent 4 a (new)

Motion for a resolution Amendment

- to ensure that cancellation process is similarly effortless as the sign-up process (with no “dark patterns” or other influence on consumer decision);

Or. en

Amendment 635 Eugen Jurzyca

Motion for a resolution Annex I – part IV – paragraph 1 – subparagraph 2 – indent 5

Motion for a resolution Amendment

- to specify clearly and - to specify clearly and unambiguously in their contract terms and unambiguously in their contract terms and general conditions the exact parameters of general conditions the exact inputs and their AI systems and how they can affect targeted outputs of their AI systems. the choice or behaviour of their users and the reasons and importance of those parameters as opposed to other parameters.

PE652.305v01-00 22/152 AM\1205187EN.docx EN Or. en

Amendment 636 Beata Mazurek, Andżelika Anna Możdżanowska

Motion for a resolution Annex I – part IV – paragraph 1 – subparagraph 2 – indent 5

Motion for a resolution Amendment

- to specify clearly and - to specify clearly and unambiguously in their contract terms and unambiguously in their contract terms and general conditions the exact parameters of general conditions the main parameters their AI systems and how they can affect determining ranking and the reasons and the choice or behaviour of their users and importance of those parameters as opposed the reasons and importance of those to other parameters. parameters as opposed to other parameters.

Or. en

Amendment 637 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Liesje Schreinemacher, Sandro Gozi, Stéphanie Yon-Courtin, Svenja Hahn

Motion for a resolution Annex I – part IV – paragraph 1 – subparagraph 2 – indent 5

Motion for a resolution Amendment

- to specify clearly and - to specify clearly and unambiguously in their contract terms and unambiguously in their contract terms and general conditions the exact parameters of general conditions the main parameters their AI systems and how they can affect determining ranking content, and the the choice or behaviour of their users and reasons and importance of those the reasons and importance of those parameters as opposed to other parameters. parameters as opposed to other parameters.

Or. en

Amendment 638 Arba Kokalari

AM\1205187EN.docx 23/152 PE652.305v01-00 EN Motion for a resolution Annex I – part IV – paragraph 1 – subparagraph 2 – indent 5

Motion for a resolution Amendment

- to specify clearly and - to specify clearly and unambiguously in their contract terms and unambiguously in their contract terms and general conditions the exact parameters of general conditions the main parameters their AI systems and how they can affect determining ranking and the reasons for the choice or behaviour of their users and the relative importance of these main the reasons and importance of those parameters as compared to other parameters as opposed to other parameters, in accordance with the parameters. Regulation on platform-to-business relations.

Or. sv

Amendment 639 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Liesje Schreinemacher, Sandro Gozi, Stéphanie Yon-Courtin, Svenja Hahn

Motion for a resolution Annex I – part IV – paragraph 1 – subparagraph 2 – indent 5 a (new)

Motion for a resolution Amendment

- start all Terms and Conditions agreements and all End-User Licensing Agreements with a summary statement based on a framework and document template, to be created by the Commission.

Or. en

Amendment 640 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Annex I – part IV – paragraph 1 – subparagraph 2 – indent 5 a (new)

PE652.305v01-00 24/152 AM\1205187EN.docx EN Motion for a resolution Amendment

- to notify users whenever they change their terms of service or community standards and to provide meaningful explanation about any substantial changes to terms of service.

Or. en

Amendment 641 Róża Thun und Hohenstein, Andrey Kovatchev, Maria da Graça Carvalho, Tomislav Sokol

Motion for a resolution Annex I – part IV – paragraph 1 – subheading 3

Motion for a resolution Amendment

3. Transparency requirements on 3. Requirements on commercial commercial communications communications

Or. en

Amendment 642 Alex Agius Saliba, Adriana Maldonado López, Maria-Manuel Leitão-Marques, Clara Aguilera, Brando Benifei, Andreas Schieder, Marc Angel, Evelyne Gebhardt, Biljana Borzan

Motion for a resolution Annex I – part IV – paragraph 1 – subheading 3 – indent 2

Motion for a resolution Amendment

- Building upon Article 6 of the E- - Building upon Article 6 of the E- Commerce Directive, the new measures Commerce Directive, the new measures should establish a new framework for should establish a new framework for Platform to Consumer relations on Platform to Consumer relations on transparency provisions regarding meaningful transparency and advertising, digital nudging and accountability provisions regarding online preferential treatment; paid advertisements advertising, digital nudging and or paid placement in a ranking of search preferential treatment; those measures results should be identified in a clear, should: concise, and intelligible manner;

AM\1205187EN.docx 25/152 PE652.305v01-00 EN - enable consumers with an option not to be tracked or (micro)-targeted and to opt- in for the use of behavioural data for advertising purposes, as well as an opt-in option for political advertising and ads; - provide consumers with access to their dynamic marketing profiles, so that they are informed on whether and for what purposes they are tracked and if the information they receive is for advertising purposes; - guarantee the right for consumers to contest any decision that undermines their interests including through collective redress mechanisms; - ensure that paid advertisements or paid placement in a ranking of search results should be identified in a clear, concise, and intelligible manner; - specify the grounds on which service providers and traders cannot discriminate and provide guidance on what practices count as aggressive advertising whilst encouraging consumer-friendly AI- technologies; - provide access to advertising delivery data in proper formats to verify the exposure of advertisers, the performance of paid vs unpaid advertising and the compliance with minimal diversification requirements.

Or. en

Amendment 643 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Annex I – part IV – paragraph 1 – subheading 3 – indent 2

Motion for a resolution Amendment

- Building upon Article 6 of the E- - Building upon Article 6 of the E-

PE652.305v01-00 26/152 AM\1205187EN.docx EN Commerce Directive, the new measures Commerce Directive, the new measures should establish a new framework for should establish a new framework for Platform to Consumer relations on Platform to Consumer relations on transparency provisions regarding transparency provisions regarding advertising, digital nudging and advertising, digital nudging and preferential treatment; paid advertisements preferential treatment; paid advertisements or paid placement in a ranking of search or paid placement in a ranking of search results should be identified in a clear, results should be identified in a clear, concise, and intelligible manner; concise, and intelligible manner in line with Directive (EU) 2019/2161;

Or. en

Amendment 644 Maria Grapini, Clara Aguilera, Adriana Maldonado López

Motion for a resolution Annex I – part IV – paragraph 1 – subheading 3 – indent 2

Motion for a resolution Amendment

- Building upon Article 6 of the E- - Building upon Article 6 of the E- Commerce Directive, the new measures Commerce Directive, the new measures should establish a new framework for should establish a new framework for Platform to Consumer relations on Platform to Consumer relations on transparency provisions regarding transparency provisions regarding advertising, digital nudging and advertising, information, digital nudging preferential treatment; paid advertisements and preferential treatment; paid or paid placement in a ranking of search advertisements or paid placement in a results should be identified in a clear, ranking of search results should be concise, and intelligible manner; identified in a clear, concise, and intelligible manner;

Or. en

Amendment 645 Pablo Arias Echeverría, Róża Thun und Hohenstein, Tomislav Sokol, Andrey Kovatchev, Edina Tóth, Maria da Graça Carvalho, Kris Peeters, Romana Tomc, Andreas Schwab

Motion for a resolution Annex I – part IV – paragraph 1 – subheading 3 – indent 3

AM\1205187EN.docx 27/152 PE652.305v01-00 EN Motion for a resolution Amendment

- The transparency requirements - The transparency requirements should include the obligation to disclose should include the obligation to disclose who is paying for the advertising, including who is paying for the advertising, including both direct and indirect payments or any both direct and indirect payments or any other contributions received by service other contributions received by service providers; those requirements should apply providers; those requirements should apply also to platforms, even if they are also to platforms, even if they are established in third countries; consumers established in third countries; consumers and public authorities should be able to and public authorities should be able to identify who should be held accountable in identify who should be held accountable in case of, for example, false or misleading case of, for example, false or misleading advertisement; advertisement; these transparency requirements should also empower advertisers vis-a-vis advertising services, when it comes to where and when ads are placed; more efforts are needed to make sure that illegal activities cannot be funded via advertising services;

Or. en

Amendment 646 Andreas Schieder, Adriana Maldonado López, Clara Aguilera

Motion for a resolution Annex I – part IV – paragraph 1 – subheading 3 – indent 3

Motion for a resolution Amendment

- The transparency requirements - The transparency requirements should include the obligation to disclose should include the obligation to disclose who is paying for the advertising, including who is paying for the advertising, including both direct and indirect payments or any both direct and indirect payments or any other contributions received by service other contributions received by service providers; those requirements should apply providers; those requirements should apply also to platforms, even if they are also to platforms, even if they are established in third countries; consumers established in third countries; consumers and public authorities should be able to and public authorities should be able to identify who should be held accountable in identify who should be held accountable in case of, for example, false or misleading case of, for example, false or misleading advertisement; advertisement; the online advertising industry, which places commercials on websites, should be liable for the swift establishment of the legal status (change

PE652.305v01-00 28/152 AM\1205187EN.docx EN of ban on the incriminated advertising);

Or. en

Amendment 647 Adam Bielan, Beata Mazurek, Eugen Jurzyca, Andżelika Anna Możdżanowska

Motion for a resolution Annex I – part IV – paragraph 1 – subheading 3 – indent 3

Motion for a resolution Amendment

- The transparency requirements - If technically feasible, should include the obligation to disclose proportionate and proven to provide the who is paying for the advertising, including added-value, transparency requirements both direct and indirect payments or any could include the obligation to disclose other contributions received by service who is paying for the advertising, including providers; those requirements should apply both direct and indirect payments or any also to platforms, even if they are other contributions received by service established in third countries; consumers providers; those requirements should apply and public authorities should be able to also to platforms, even if they are identify who should be held accountable in established in third countries; consumers case of, for example, false or misleading and public authorities should be able to advertisement; identify who should be held accountable in case of, for example, false or misleading advertisement;

Or. en

Amendment 648 Eugen Jurzyca, Adam Bielan

Motion for a resolution Annex I – part IV – paragraph 1 – subheading 3 – indent 3

Motion for a resolution Amendment

- The transparency requirements - The transparency requirements should include the obligation to disclose should include the obligation to disclose who is paying for the advertising, including who is paying for the advertising, including both direct and indirect payments or any both direct and indirect payments or any other contributions received by service other contributions received by service providers; those requirements should apply providers; those requirements should apply also to platforms, even if they are also to platforms; consumers and public established in third countries; consumers authorities should be able to identify who

AM\1205187EN.docx 29/152 PE652.305v01-00 EN and public authorities should be able to should be held accountable in case of, for identify who should be held accountable in example, false or misleading case of, for example, false or misleading advertisement; advertisement;

Or. en

Amendment 649 Pablo Arias Echeverría, Róża Thun und Hohenstein, Tomislav Sokol, Andrey Kovatchev, Maria da Graça Carvalho, Marion Walsmann, Romana Tomc

Motion for a resolution Annex I – part IV – paragraph 1 – subheading 3 – indent 3 a (new)

Motion for a resolution Amendment

- The transparency requirements should also apply to targeted adverts; criteria for profiling targeted groups and optimisation of advertising campaigns must be made clear to verify any abuse. Users should be aware and have previously given their consent if they are going to receive targeted adverts;

Or. en

Amendment 650 Sandro Gozi, Stéphanie Yon-Courtin

Motion for a resolution Annex I – part IV – paragraph 1 – subheading 3 – indent 3 a (new)

Motion for a resolution Amendment

- The transparency requirements should include an obligation for online platforms to inform consumers once a product they have bought has been removed from their platform following notification on its non-compliance with the EU product safety and consumer protection rules;

Or. en

PE652.305v01-00 30/152 AM\1205187EN.docx EN Amendment 651 Pablo Arias Echeverría, Róża Thun und Hohenstein, Tomislav Sokol, Andrey Kovatchev, Maria da Graça Carvalho, Marion Walsmann, Kris Peeters, Andreas Schwab, Romana Tomc

Motion for a resolution Annex I – part IV – paragraph 1 – subheading 3 – indent 3 b (new)

Motion for a resolution Amendment

- Specific requirements in regard to behavioural advertising, including micro targeting, should be introduced in order to protect public interest; behavioural advertising based on certain characters, i.e. exposing mental or physical vulnerabilities, should not be allowed at all, while some other characteristics should be allowed only under the opt-in condition by the users;

Or. en

Amendment 652 Eugen Jurzyca, Adam Bielan

Motion for a resolution Annex I – part IV – paragraph 1 – subheading 3 – indent 4

Motion for a resolution Amendment

- Article 7 of the E-Commerce - if proven by analyses, Article 7 of Directive should be revised in order to the E-Commerce Directive should be protect consumers from unsolicited revised or supported by effective commercial communications online. enforcement measures in order to protect consumers from unsolicited commercial communications online.

Or. en

Amendment 653 Alex Agius Saliba, Adriana Maldonado López, Maria-Manuel Leitão-Marques, Clara Aguilera, Brando Benifei, Maria Grapini, Andreas Schieder, Marc Angel, Evelyne

AM\1205187EN.docx 31/152 PE652.305v01-00 EN Gebhardt, Biljana Borzan

Motion for a resolution Annex I – part IV – paragraph 1 – subheading 3 – indent 4

Motion for a resolution Amendment

- Article 7 of the E-Commerce - Article 7 of the E-Commerce Directive should be revised in order to Directive should be revised in order to protect consumers from unsolicited protect consumers from unsolicited commercial communications online. commercial communications online and to regulate more strictly the use of targeted advertising online;

Or. en

Amendment 654 Sandro Gozi, Stéphanie Yon-Courtin

Motion for a resolution Annex I – part IV – paragraph 1 – subheading 3 – indent 3 a (new)

Motion for a resolution Amendment

3a. Proactive complementary measures to information and transparency obligations, such as implementing ‘due diligence’ plans. Active hosts must set up and implement due diligence plan, the practical modalities of which could be established by respective national competent authorities and regulators. The plan could be based on the following principles: identifying the risks, preventing infringements through application of effective, proportionate and specific ex- ante measures, remedying the negative consequences and reporting on remedies.

Or. en

Amendment 655 Adam Bielan, Beata Mazurek, Eugen Jurzyca, Andżelika Anna Możdżanowska

PE652.305v01-00 32/152 AM\1205187EN.docx EN Motion for a resolution Annex I – part IV – paragraph 1 – subheading 4

Motion for a resolution Amendment

4. Artificial Intelligence and machine deleted learning

Or. en

Amendment 656 Marcel Kolaja

Motion for a resolution Annex I – part IV – paragraph 1 – subheading 4

Motion for a resolution Amendment

4. Artificial Intelligence and machine deleted learning

Or. en

Amendment 657 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Annex I – part IV – paragraph 1 – subheading 4

Motion for a resolution Amendment

4. Artificial Intelligence and machine 4. Content moderation, prioritisation learning and personalisation

Or. en

Amendment 658 Marcel Kolaja

Motion for a resolution Annex I – part IV – paragraph 1 – subheading 4

AM\1205187EN.docx 33/152 PE652.305v01-00 EN Motion for a resolution Amendment

The revised provisions should: deleted - establish comprehensive rules on non-discrimination, transparency, oversight and risk assessment of algorithms for AI-driven services in order to ensure a higher level of consumer protection; - establish clear accountability, liability and redress mechanisms to deal with potential harms resulting from the use of AI applications and machine learning tools; - establish the principle of safety and security by default;

Or. en

Amendment 659 Adam Bielan, Beata Mazurek, Eugen Jurzyca, Andżelika Anna Możdżanowska

Motion for a resolution Annex I – part IV – paragraph 1 – subheading 4

Motion for a resolution Amendment

The revised provisions should: deleted - establish comprehensive rules on non-discrimination, transparency, oversight and risk assessment of algorithms for AI-driven services in order to ensure a higher level of consumer protection; - establish clear accountability, liability and redress mechanisms to deal with potential harms resulting from the use of AI applications and machine learning tools; - establish the principle of safety and security by default;

Or. en

PE652.305v01-00 34/152 AM\1205187EN.docx EN Amendment 660 Marcel Kolaja

Motion for a resolution Annex I – part IV – paragraph 1 – subheading 4 – indent 1

Motion for a resolution Amendment

- establish comprehensive rules on deleted non-discrimination, transparency, oversight and risk assessment of algorithms for AI-driven services in order to ensure a higher level of consumer protection;

Or. en

Amendment 661 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Liesje Schreinemacher

Motion for a resolution Annex I – part IV – paragraph 1 – subheading 4 – indent 1

Motion for a resolution Amendment

- establish comprehensive rules on - establish comprehensive rules on non-discrimination, transparency, oversight non-discrimination, transparency on the and risk assessment of algorithms for AI- data set, oversight and risk assessment of driven services in order to ensure a higher algorithms for AI-driven services by level of consumer protection; national regulator authorities in order to ensure a higher level of consumer protection where there are gaps in current legislation;

Or. en

Amendment 662 Eugen Jurzyca

Motion for a resolution Annex I – part IV – paragraph 1 – subheading 4 – indent 1

AM\1205187EN.docx 35/152 PE652.305v01-00 EN Motion for a resolution Amendment

- establish comprehensive rules on - establish comprehensive rules on non-discrimination, transparency, oversight non-discrimination, input and output and risk assessment of algorithms for AI- transparency, oversight and risk assessment driven services in order to ensure a higher of algorithms for AI-driven services in level of consumer protection; order to ensure an effective level of consumer protection, maximizing consumer welfare;

Or. en

Amendment 663 Arba Kokalari

Motion for a resolution Annex I – part IV – paragraph 1 – subheading 4 – indent 1

Motion for a resolution Amendment

- establish comprehensive rules on - establish comprehensive rules on non-discrimination, transparency, oversight non-discrimination, transparency, oversight and risk assessment of algorithms for AI- and risk assessment of algorithms for AI- driven services in order to ensure a higher driven services in high-risk sectors in level of consumer protection; order to ensure a higher level of consumer protection;

Or. sv

Amendment 664 Geoffroy Didier

Motion for a resolution Annex I – part IV – paragraph 1 – subheading 4 – indent 1 a (new)

Motion for a resolution Amendment

- establish mechanisms for evaluating artificial intelligence technologies on a sectoral basis which would be based on the promotion of human control and the importance of data provision;

PE652.305v01-00 36/152 AM\1205187EN.docx EN Or. fr

Amendment 665 Marcel Kolaja

Motion for a resolution Annex I – part IV – paragraph 1 – subheading 4 – indent 2

Motion for a resolution Amendment

- establish clear accountability, deleted liability and redress mechanisms to deal with potential harms resulting from the use of AI applications and machine learning tools;

Or. en

Amendment 666 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Annex I – part IV – paragraph 1 – subheading 4 – indent 2 a (new)

Motion for a resolution Amendment

- create a recurring risk assessment obligation for automated decision-making tools; such a provision would be agreed after consulting with content hosting providers and other stakeholders and its implementation will be monitored by the authority of the legally accountable, competent Member State or, for providers active in more than one country, the European authority;

Or. en

Amendment 667 Marcel Kolaja

AM\1205187EN.docx 37/152 PE652.305v01-00 EN Motion for a resolution Annex I – part IV – paragraph 1 – subheading 4 – indent 3

Motion for a resolution Amendment

- establish the principle of safety deleted and security by default;

Or. en

Amendment 668 Alex Agius Saliba, Adriana Maldonado López, Maria-Manuel Leitão-Marques, Clara Aguilera, Brando Benifei, Maria Grapini, Andreas Schieder, Evelyne Gebhardt, Sylvie Guillaume

Motion for a resolution Annex I – part IV – paragraph 1 – subheading 4 – indent 3

Motion for a resolution Amendment

- establish the principle of safety and - establish the principle of safety and security by default; security by default as well as diversity “by- design”.

Or. en

Amendment 669 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Annex I – part IV – paragraph 1 – subheading 4 – indent 3

Motion for a resolution Amendment

- establish the principle of safety and - establish the principle of safety and security by default; security design and by default;

Or. en

PE652.305v01-00 38/152 AM\1205187EN.docx EN Amendment 670 Alex Agius Saliba, Adriana Maldonado López, Maria-Manuel Leitão-Marques, Clara Aguilera, Brando Benifei, Maria Grapini, Andreas Schieder, Evelyne Gebhardt, Sylvie Guillaume

Motion for a resolution Annex I – part IV – paragraph 1 – subheading 4 – indent 3 a (new)

Motion for a resolution Amendment

- develop a European framework on artificial intelligence in the area of ecommerce and digital services based on fairness, accuracy, confidentiality and transparency.

Or. en

Amendment 671 Martin Schirdewan, Emmanuel Maurel, Stelios Kouloglou

Motion for a resolution Annex I – part IV – paragraph 1 – subheading 4 – indent 3 a (new)

Motion for a resolution Amendment

- establish more transparency regarding ranking results and end the “attention- seeking” profiling business model of digital markets, in order to reduce the spread of controversial content and to give users more choice on how rankings are presented;

Or. en

Amendment 672 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Liesje Schreinemacher, Sandro Gozi, Stéphanie Yon-Courtin, Svenja Hahn

Motion for a resolution Annex I – part IV – paragraph 1 – subheading 4 – indent 3 a (new)

AM\1205187EN.docx 39/152 PE652.305v01-00 EN Motion for a resolution Amendment

- be on a case by case basis and not require a blanket investigation of all AI systems

Or. en

Amendment 673 Alex Agius Saliba, Adriana Maldonado López, Maria-Manuel Leitão-Marques, Clara Aguilera, Brando Benifei, Maria Grapini, Andreas Schieder, Evelyne Gebhardt, Sylvie Guillaume

Motion for a resolution Annex I – part IV – paragraph 1 – subheading 4 – indent 3 b (new)

Motion for a resolution Amendment

- with regard to accountability of algorithms used for targeted advertising, introduce fairness criteria for ad optimisation, and allow for external audits and verification of algorithmic design choices that involve information about individuals.

Or. en

Amendment 674 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Liesje Schreinemacher, Sandro Gozi, Stéphanie Yon-Courtin, Svenja Hahn

Motion for a resolution Annex I – part IV – paragraph 1 – subheading 4 – indent 3 b (new)

Motion for a resolution Amendment

- allow authorities to check algorithms when they have justified reasons to believe that it has algorithmic bias,

Or. en

PE652.305v01-00 40/152 AM\1205187EN.docx EN Amendment 675 Alex Agius Saliba, Adriana Maldonado López, Maria-Manuel Leitão-Marques, Clara Aguilera, Brando Benifei, Maria Grapini, Andreas Schieder, Evelyne Gebhardt, Sylvie Guillaume

Motion for a resolution Annex I – part IV – paragraph 1 – subheading 4 – indent 3 c (new)

Motion for a resolution Amendment

- ascertain effective and efficient rights, institutions and procedures for AI developers to certify the reliability of their models and to properly address and exploit the impact of upcoming technological developments.

Or. en

Amendment 676 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Liesje Schreinemacher, Sandro Gozi, Stéphanie Yon-Courtin, Svenja Hahn

Motion for a resolution Annex I – part IV – paragraph 1 – subheading 4 – indent 3 c (new)

Motion for a resolution Amendment

- be subject to clear confidentiality and protection of trade secret rules;

Or. en

Amendment 677 Alex Agius Saliba, Adriana Maldonado López, Maria-Manuel Leitão-Marques, Clara Aguilera, Brando Benifei, Maria Grapini, Andreas Schieder, Evelyne Gebhardt, Sylvie Guillaume

Motion for a resolution Annex I – part IV – paragraph 1 – subheading 4 – indent 3 d (new)

AM\1205187EN.docx 41/152 PE652.305v01-00 EN Motion for a resolution Amendment

- ensure an approach social dialogue and effective information and consultation of workers before introducing AI technologies and solutions which have impacts on working and employment conditions, in particular with regard to the use of algorithms;

Or. en

Amendment 678 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Liesje Schreinemacher, Sandro Gozi, Stéphanie Yon-Courtin, Svenja Hahn

Motion for a resolution Annex I – part IV – paragraph 1 – subheading 4 – indent 3 d (new)

Motion for a resolution Amendment

- ensure that consumers are protected by the right to be informed and the right to an explanation of AI services, in addition to the right to switch off or limit an AI system using personalization where possible;

Or. en

Amendment 679 Alex Agius Saliba, Adriana Maldonado López, Maria-Manuel Leitão-Marques, Clara Aguilera, Brando Benifei, Maria Grapini, Andreas Schieder, Evelyne Gebhardt, Sylvie Guillaume

Motion for a resolution Annex I – part IV – paragraph 1 – subheading 4 – indent 3 e (new)

Motion for a resolution Amendment

- guarantee the respect of the ‘human in command principle and ensure the protection of data and privacy of workers at work, reinforcing the GDPR

PE652.305v01-00 42/152 AM\1205187EN.docx EN rules at the workplace;

Or. en

Amendment 680 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Annex I – part IV – paragraph 1 – subheading 5

Motion for a resolution Amendment

5. Penalties deleted

Or. en

Amendment 681 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Annex I – part IV – paragraph 1 – subheading 5

Motion for a resolution Amendment

The compliance of the due diligence deleted provisions should be reinforced with effective, proportionate and dissuasive penalties, including the imposition of fines.

Or. en

Amendment 682 Jean-Lin Lacapelle, Virginie Joron

Motion for a resolution Annex I – part IV – paragraph 1 – subheading 5

AM\1205187EN.docx 43/152 PE652.305v01-00 EN Motion for a resolution Amendment

The compliance of the due diligence The compliance of the due diligence provisions should be reinforced with provisions should be reinforced with effective, proportionate and dissuasive effective, proportionate and dissuasive penalties, including the imposition of fines. penalties, including the imposition of fines, without prejudice to the penal autonomy of the Member States or the powers of the European Public Prosecutor's Office.

Or. fr

Amendment 683 Beata Mazurek, Eugen Jurzyca, Andżelika Anna Możdżanowska

Motion for a resolution Annex I – part IV – paragraph 1 – subparagraph 4

Motion for a resolution Amendment

The compliance of the due diligence The compliance of the due diligence provisions should be reinforced with provisions should be reinforced with effective, proportionate and dissuasive effective, proportionate and dissuasive penalties, including the imposition of fines. penalties, including the imposition of fines, which shall be proportionate to the systemic failures in question.

Or. en

Amendment 684 Eugen Jurzyca, Adam Bielan

Motion for a resolution Annex I – part IV – paragraph 1 – subparagraph 4

Motion for a resolution Amendment

The compliance of the due diligence The compliance of the due diligence provisions should be reinforced with provisions should be reinforced with effective, proportionate and dissuasive effective, proportionate and dissuasive penalties, including the imposition of fines. penalties, including the imposition of reasonable fines.

Or. en

PE652.305v01-00 44/152 AM\1205187EN.docx EN Amendment 685 Sandro Gozi, Stéphanie Yon-Courtin

Motion for a resolution Annex I – part IV – paragraph 1 – subparagraph 4

Motion for a resolution Amendment

The compliance of the due diligence The compliance of the due diligence provisions should be reinforced with provisions should be reinforced with effective, proportionate and dissuasive effective, proportionate and dissuasive penalties, including the imposition of fines. penalties, including the imposition of deterrent fines.

Or. en

Amendment 686 Pablo Arias Echeverría, Pilar del Castillo Vera, Tomislav Sokol, Andrey Kovatchev, Romana Tomc

Motion for a resolution Annex I – part IV – paragraph 1 – subparagraph 4

Motion for a resolution Amendment

The compliance of the due diligence The compliance of the due diligence provisions should be reinforced with provisions should be reinforced with effective, proportionate and dissuasive effective, proportionate and dissuasive penalties, including the imposition of penalties; fines.

Or. en

Amendment 687 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Liesje Schreinemacher, Svenja Hahn

Motion for a resolution Annex I – part IV – paragraph 1 – subparagraph 4

Motion for a resolution Amendment

The compliance of the due diligence The compliance of the provisions should

AM\1205187EN.docx 45/152 PE652.305v01-00 EN provisions should be reinforced with be reinforced with effective, proportionate effective, proportionate and dissuasive and dissuasive penalties, including the penalties, including the imposition of fines. imposition of fines.

Or. en

Amendment 688 Róża Thun und Hohenstein, Andrey Kovatchev, Maria da Graça Carvalho, Tomislav Sokol, Krzysztof Hetman

Motion for a resolution Annex I – part V – title

Motion for a resolution Amendment

V. MEASURES RELATED TO V. MEASURES RELATED TO TACKLING ILLEGAL CONTENT TACKLING ILLEGAL AND HARMFUL ONLINE CONTENT ONLINE

Or. en

Amendment 689 Eugen Jurzyca, Adam Bielan, Beata Mazurek

Motion for a resolution Annex I – part V – paragraph 1 – introductory part

Motion for a resolution Amendment

The Digital Services Act should provide The Digital Services Act or other ancillary clarity and guidance regarding how online non-legislative measures should provide intermediaries should tackle illegal content clarity and guidance regarding how online online. The revised rules of the E- intermediaries should tackle illegal content Commerce Directive should: online while fully respecting the “no general monitoring” principle. The revised rules of the E-Commerce Directive should:

Or. en

Amendment 690 Róża Thun und Hohenstein, Andrey Kovatchev, Maria da Graça Carvalho, Tomislav Sokol, Krzysztof Hetman

PE652.305v01-00 46/152 AM\1205187EN.docx EN Motion for a resolution Annex I – part V – paragraph 1 – introductory part

Motion for a resolution Amendment

The Digital Services Act should provide The Digital Services Act should provide clarity and guidance regarding how online clarity and guidance regarding how online intermediaries should tackle illegal content intermediaries should tackle illegal and online. The revised rules of the E- harmful content online. The revised rules Commerce Directive should: of the E-Commerce Directive should:

Or. en

Amendment 691 Jean-Lin Lacapelle, Virginie Joron

Motion for a resolution Annex I – part V – paragraph 1 – indent 1

Motion for a resolution Amendment

- clarify that any removal or - clarify that any removal or disabling access to illegal content should disabling access to illegal content should not affect the fundamental rights and the not affect the fundamental rights and the legitimate interests of users and consumers; legitimate interests of users and consumers, including persons who put the content online when it is the subject of abusive or disproportionate reporting and moderation measures;

Or. fr

Amendment 692 Marcel Kolaja

Motion for a resolution Annex I – part V – paragraph 1 – indent 1

Motion for a resolution Amendment

- clarify that any removal or - clarify that any removal or disabling access to illegal content should disabling access to illegal content should not affect the fundamental rights and the not affect the fundamental rights and the legitimate interests of users and consumers; legitimate interests of users and consumers

AM\1205187EN.docx 47/152 PE652.305v01-00 EN and that legal content should stay online;

Or. en

Amendment 693 Eugen Jurzyca

Motion for a resolution Annex I – part V – paragraph 1 – indent 1

Motion for a resolution Amendment

- clarify that any removal or - clarify that any removal or disabling access to illegal content should disabling access to illegal content should not affect the fundamental rights and the not affect the fundamental rights, the legitimate interests of users and consumers; legitimate interests of users and consumers and technological innovation;

Or. en

Amendment 694 Róża Thun und Hohenstein, Andrey Kovatchev, Maria da Graça Carvalho, Tomislav Sokol, Krzysztof Hetman

Motion for a resolution Annex I – part V – paragraph 1 – indent 1

Motion for a resolution Amendment

- clarify that any removal or - clarify that any removal or disabling access to illegal content should disabling access to illegal or harmful not affect the fundamental rights and the content should not affect the fundamental legitimate interests of users and consumers; rights and the legitimate interests of users and consumers;

Or. en

Amendment 695 Eugen Jurzyca

Motion for a resolution Annex I – part V – paragraph 1 – indent 1 a (new)

PE652.305v01-00 48/152 AM\1205187EN.docx EN Motion for a resolution Amendment

- a decision made by online intermediaries whether content uploaded by users is legal should be provisional, they should not be held liable for it as only a Member State authority and court could decide in the final instance what is illegal content;

Or. en

Amendment 696 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Annex I – part V – paragraph 1 – indent 2

Motion for a resolution Amendment

- enhance the central role played by - enhance the central role played by online intermediaries in facilitating the the internet in facilitating the public debate public debate and the free dissemination of and the free dissemination of facts, facts, opinions, and ideas; opinions, and ideas;

Or. en

Amendment 697 Andrey Kovatchev

Motion for a resolution Annex I – part V – paragraph 1 – indent 2 a (new)

Motion for a resolution Amendment

- information society service providers shall be liable unless they made best efforts to prevent future uploads of notified works to which access has been disabled or removed from their websites;

Or. en

AM\1205187EN.docx 49/152 PE652.305v01-00 EN Amendment 698 Anna-Michelle Asimakopoulou

Motion for a resolution Annex I – part V – paragraph 1 – indent 3

Motion for a resolution Amendment

- preserve the underlying legal - preserve the underlying legal principle that online intermediaries should principle that passive online hosting not be held directly liable for the acts of providers should not be held directly liable their users and that online intermediaries for the acts of their users on condition can continue moderating legal content that: under fair and transparent terms and conditions of service, provided that they are applicable in a non-discriminatory manner; (a) The provider does not have actual knowledge of illegal activity or information and, as regards claims for damages, is not aware of facts or circumstances from which the illegal activity or information is apparent; and (b) The provider, upon obtaining such knowledge or awareness, acts expeditiously to remove or to disable access to the information.

Or. en

Amendment 699 Adriana Maldonado López, Clara Aguilera, Marc Angel

Motion for a resolution Annex I – part V – paragraph 1 – indent 3

Motion for a resolution Amendment

- preserve the underlying legal - preserve the underlying legal principle that online intermediaries should principle that online technical, automatic not be held directly liable for the acts of and passive intermediaries should not be their users and that online intermediaries held directly liable for the acts of their can continue moderating legal content users; under fair and transparent terms and

PE652.305v01-00 50/152 AM\1205187EN.docx EN conditions of service, provided that they are applicable in a non-discriminatory manner;

Or. es

Amendment 700 Salvatore De Meo, Carlo Fidanza

Motion for a resolution Annex I – part V – paragraph 1 – indent 3

Motion for a resolution Amendment

- preserve the underlying legal - preserve the underlying legal principle that online intermediaries should principle that technical, automatic and not be held directly liable for the acts of passive online intermediaries should not be their users and that online intermediaries held directly liable for the acts of their can continue moderating legal content users ; under fair and transparent terms and conditions of service, provided that they are applicable in a non-discriminatory manner;

Or. en

Amendment 701 Eugen Jurzyca

Motion for a resolution Annex I – part V – paragraph 1 – indent 3

Motion for a resolution Amendment

- preserve the underlying legal - preserve the underlying legal principle that online intermediaries should principle that online intermediaries should not be held directly liable for the acts of not be held directly liable for the acts of their users and that online intermediaries their users and that online intermediaries can continue moderating legal content can continue moderating legal content under fair and transparent terms and under fair and transparent terms and conditions of service, provided that they conditions of service, will not be punished are applicable in a non-discriminatory if they failed to detect all illegal content, manner; provided that they are applicable in a non- discriminatory manner ;

AM\1205187EN.docx 51/152 PE652.305v01-00 EN Or. en

Amendment 702 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Annex I – part V – paragraph 1 – indent 3

Motion for a resolution Amendment

- preserve the underlying legal - preserve the underlying legal principle that online intermediaries should principle that online intermediaries should not be held directly liable for the acts of not be held directly liable for the acts of their users and that online intermediaries their users and that online intermediaries can continue moderating legal content can continue moderating legal content under fair and transparent terms and under fair accessible, predictable and conditions of service, provided that they transparent terms and conditions of service, are applicable in a non-discriminatory provided that they are applicable in a non- manner; discriminatory manner;

Or. en

Amendment 703 Dan-Ștefan Motreanu

Motion for a resolution Annex I – part V – paragraph 1 – indent 3

Motion for a resolution Amendment

- preserve the underlying legal - preserve the underlying legal principle that online intermediaries should principle that passive online intermediaries not be held directly liable for the acts of should not be held directly liable for the their users and that online intermediaries acts of their users and that online can continue moderating legal content intermediaries can continue moderating under fair and transparent terms and legal content under fair and transparent conditions of service, provided that they terms and conditions of service, provided are applicable in a non-discriminatory that they are applicable in a non- manner; discriminatory manner;

Or. en

PE652.305v01-00 52/152 AM\1205187EN.docx EN Amendment 704 Sandro Gozi, Stéphanie Yon-Courtin

Motion for a resolution Annex I – part V – paragraph 1 – indent 3

Motion for a resolution Amendment

- preserve the underlying legal - preserve the underlying legal principle that online intermediaries should principle that passive online intermediaries not be held directly liable for the acts of should not be held directly liable for the their users and that online intermediaries acts of their users and that online can continue moderating legal content intermediaries can continue moderating under fair and transparent terms and legal content under fair and transparent conditions of service, provided that they terms and conditions of service, provided are applicable in a non-discriminatory that they are applicable in a non- manner; discriminatory manner;

Or. en

Amendment 705 Marcel Kolaja

Motion for a resolution Annex I – part V – paragraph 1 – indent 3

Motion for a resolution Amendment

- preserve the underlying legal - preserve the underlying legal principle that online intermediaries should principle that online intermediaries should not be held directly liable for the acts of not be held directly liable for the acts of their users and that online intermediaries their users and that online intermediaries can continue moderating legal content can continue moderating illegal content under fair and transparent terms and under fair and transparent terms and conditions of service, provided that they conditions of service, provided that they are applicable in a non-discriminatory are applicable in a non-discriminatory manner; manner;

Or. en

Amendment 706 Martin Schirdewan, Emmanuel Maurel, Stelios Kouloglou

Motion for a resolution Annex I – part V – paragraph 1 – indent 3

AM\1205187EN.docx 53/152 PE652.305v01-00 EN Motion for a resolution Amendment

- preserve the underlying legal - preserve the underlying legal principle that online intermediaries should principle that online intermediaries should not be held directly liable for the acts of not be held directly liable for the acts of their users and that online intermediaries their users. In case filters are applied, they can continue moderating legal content need to be accompanied by robust under fair and transparent terms and safeguards for transparency and conditions of service, provided that they accountability with highly skilled are applicable in a non-discriminatory independent and impartial public manner; oversight.

Or. en

Amendment 707 Dan-Ștefan Motreanu

Motion for a resolution Annex I – part V – paragraph 1 – indent 3 a (new)

Motion for a resolution Amendment

- clarify that online intermediaries who play an active role should not benefit from the exemption of liability granted by the e-commerce directive.

Or. en

Amendment 708 Salvatore De Meo

Motion for a resolution Annex I – part V – paragraph 1 – indent 3 a (new)

Motion for a resolution Amendment

- clarify that online intermediaries who play an active role should not benefit from the exemption of liability granted by the E-Commerce Directive.

Or. en

PE652.305v01-00 54/152 AM\1205187EN.docx EN Amendment 709 Geoffroy Didier

Motion for a resolution Annex I – part V – paragraph 1 – indent 3 a (new)

Motion for a resolution Amendment

- involve the Member States in assessing the legality of the content, taking into account national specificities in this area;

Or. fr

Amendment 710 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Liesje Schreinemacher, Sandro Gozi, Stéphanie Yon-Courtin

Motion for a resolution Annex I – part V – paragraph 1 – indent 4

Motion for a resolution Amendment

- introduce new transparency and - introduce new transparency and independent oversight of the content independent national oversight of the moderation procedures and tools related to content moderation procedures and tools the removal of illegal content online; such related to the removal of illegal content systems and procedures should be available online; such systems and procedures for auditing and testing by independent should be available for auditing and testing authorities. by national authorities of the country of origin;

Or. en

Amendment 711 Róża Thun und Hohenstein, Andrey Kovatchev, Maria da Graça Carvalho, Tomislav Sokol, Krzysztof Hetman

Motion for a resolution Annex I – part V – paragraph 1 – indent 4

AM\1205187EN.docx 55/152 PE652.305v01-00 EN Motion for a resolution Amendment

- introduce new transparency and - introduce new transparency and independent oversight of the content independent oversight of the content moderation procedures and tools related to moderation procedures and tools related to the removal of illegal content online; such the removal of illegal and harmful content systems and procedures should be available online; such systems and procedures for auditing and testing by independent should be available for auditing and testing authorities. by independent authorities.

Or. en

Amendment 712 Marcel Kolaja

Motion for a resolution Annex I – part V – paragraph 1 – indent 4

Motion for a resolution Amendment

- introduce new transparency and - introduce new transparency and independent oversight of the content independent oversight of the content moderation procedures and tools related to moderation procedures and voluntary tools the removal of illegal content online; such related to the removal of illegal content systems and procedures should be available online; such systems and procedures for auditing and testing by independent should be available for auditing and testing authorities. by independent authorities.

Or. en

Amendment 713 Eugen Jurzyca

Motion for a resolution Annex I – part V – paragraph 1 – indent 4

Motion for a resolution Amendment

- introduce new transparency and - introduce new transparency and independent oversight of the content independent oversight of the content moderation procedures and tools related to moderation procedures and tools related to the removal of illegal content online; such the removal of illegal content online; such systems and procedures should be procedures should be available for auditing available for auditing and testing by by independent authorities.

PE652.305v01-00 56/152 AM\1205187EN.docx EN independent authorities.

Or. en

Amendment 714 Andreas Schieder, Adriana Maldonado López, Clara Aguilera, Maria Grapini

Motion for a resolution Annex I – part V – paragraph 1 – indent 4 a (new)

Motion for a resolution Amendment

- safeguard the principle “what is illegal offline is also illegal online” and the principle "taxes and duties must be paid in that country where the economic activity takes place”.

Or. en

Amendment 715 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Liesje Schreinemacher, Svenja Hahn

Motion for a resolution Annex I – part V – paragraph 1 – indent 4 a (new)

Motion for a resolution Amendment

- adapt the severity of the measures that need to be taken by service providers to the seriousness of the infringement;

Or. en

Amendment 716 Andreas Schieder, Adriana Maldonado López, Clara Aguilera, Maria Grapini

Motion for a resolution Annex I – part V – paragraph 1 – indent 4 b (new)

AM\1205187EN.docx 57/152 PE652.305v01-00 EN Motion for a resolution Amendment

- require providers to actively share with Member States the information necessary for detecting illegal information posted or illegal activities undertaken by recipients of their service;

Or. en

Amendment 717 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Liesje Schreinemacher, Svenja Hahn

Motion for a resolution Annex I – part V – paragraph 1 – indent 4 b (new)

Motion for a resolution Amendment

- ensure that the access and removal of illegal content does not require the closure of access to overall sites and services which are otherwise legal and only affect the exact noticed content.

Or. en

Amendment 718 Adam Bielan, Beata Mazurek, Andżelika Anna Możdżanowska

Motion for a resolution Annex I – part V – subheading 1

Motion for a resolution Amendment

1. A notice-and-action mechanism 1. A notice-and-takedown mechanism

Or. en

Amendment 719 Beata Mazurek, Andżelika Anna Możdżanowska

PE652.305v01-00 58/152 AM\1205187EN.docx EN Motion for a resolution Annex I – part V – paragraph 2 – introductory part

Motion for a resolution Amendment

The Digital Services Act should establish a The Digital Services Act should establish a harmonised and legally enforceable notice- harmonised and enforceable notice-and- and-action mechanism based on a set of takedown mechanism based on a set of clear processes and precise timeframes for clear processes for each step of the notice- each step of the notice-and-action and-takedown procedure. That procedure procedure. That notice-and-action should be completed by the counter-notice mechanism should: mechanism. That notice-and-takedown mechanism should:

Or. en

Amendment 720 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Annex I – part V – paragraph 2 – introductory part

Motion for a resolution Amendment

The Digital Services Act should establish a The Digital Services Act should establish a harmonised and legally enforceable notice- differentiated, harmonised and legally and-action mechanism based on a set of enforceable notice-and-action mechanism clear processes and precise timeframes for based on a set of clear processes and each step of the notice-and-action precise timeframes for each step of the procedure. That notice-and-action notice-and-action procedure. That notice- mechanism should: and-action mechanism should:

Or. en

Amendment 721 Salvatore De Meo

Motion for a resolution Annex I – part V – paragraph 2 – introductory part

Motion for a resolution Amendment

The Digital Services Act should establish a The Digital Services Act should establish a

AM\1205187EN.docx 59/152 PE652.305v01-00 EN harmonised and legally enforceable notice- harmonised and legally enforceable notice- and-action mechanism based on a set of and-action mechanism based on a set of clear processes and precise timeframes for clear processes for each step of the notice- each step of the notice-and-action and-action procedure. That notice-and- procedure. That notice-and-action action mechanism should: mechanism should:

Or. en

Amendment 722 Eugen Jurzyca, Adam Bielan

Motion for a resolution Annex I – part V – paragraph 2 – introductory part

Motion for a resolution Amendment

The Digital Services Act should establish a The Digital Services Act should create harmonised and legally enforceable non-binding guidelines for notice-and- notice-and-action mechanism based on a action mechanism based on a set of clear set of clear processes and precise processes and precise timeframes for each timeframes for each step of the notice-and- step of the notice-and-action procedure. action procedure. That notice-and-action That notice-and-action mechanism should: mechanism should:

Or. en

Amendment 723 Róża Thun und Hohenstein, Andrey Kovatchev, Maria da Graça Carvalho, Tomislav Sokol, Krzysztof Hetman

Motion for a resolution Annex I – part V – paragraph 2 – indent 1

Motion for a resolution Amendment

- apply to illegal online content or - apply to illegal online content or behaviour; behaviour as well as to harmful content including disinformation;

Or. en

PE652.305v01-00 60/152 AM\1205187EN.docx EN Amendment 724 Eugen Jurzyca, Adam Bielan, Beata Mazurek

Motion for a resolution Annex I – part V – paragraph 2 – indent 1

Motion for a resolution Amendment

- apply to illegal online content or - apply only to illegal online content behaviour; or behaviour;

Or. en

Amendment 725 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Liesje Schreinemacher, Svenja Hahn

Motion for a resolution Annex I – part V – paragraph 2 – indent 2

Motion for a resolution Amendment

- rank different types of providers, - rank different types of providers, sectors and/or illegal content; sectors and/or illegal content in order to appreciate the seriousness of the infringement;

Or. en

Amendment 726 Salvatore De Meo, Carlo Fidanza

Motion for a resolution Annex I – part V – paragraph 2 – indent 2

Motion for a resolution Amendment

- rank different types of providers, - differentiate among different types sectors and/or illegal content; of providers, sectors and/or illegal content;

Or. en

AM\1205187EN.docx 61/152 PE652.305v01-00 EN Amendment 727 Róża Thun und Hohenstein, Andrey Kovatchev, Maria da Graça Carvalho, Tomislav Sokol, Krzysztof Hetman

Motion for a resolution Annex I – part V – paragraph 2 – indent 2

Motion for a resolution Amendment

- rank different types of providers, - rank different types of providers, sectors and/or illegal content; sectors and/or illegal and harmful content;

Or. en

Amendment 728 Eugen Jurzyca

Motion for a resolution Annex I – part V – paragraph 2 – indent 2

Motion for a resolution Amendment

- rank different types of providers, - rank different types of illegal sectors and/or illegal content; content;

Or. en

Amendment 729 Geoffroy Didier

Motion for a resolution Annex I – part V – paragraph 2 – indent 2 a (new)

Motion for a resolution Amendment

- establish a differentiated liability regime proportional to the size of the platform, and depending on whether it is considered passive or active;

Or. fr

PE652.305v01-00 62/152 AM\1205187EN.docx EN Amendment 730 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Annex I – part V – paragraph 2 – indent 2 a (new)

Motion for a resolution Amendment

- offer different notification categories for different types of illegal content;

Or. en

Amendment 731 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Annex I – part V – paragraph 2 – indent 3

Motion for a resolution Amendment

- create easily accessible, reliable and - create easily accessible, reliable and user-friendly procedures; user-friendly procedures tailored to the type of content;

Or. en

Amendment 732 Róża Thun und Hohenstein, Andrey Kovatchev, Maria da Graça Carvalho, Tomislav Sokol, Krzysztof Hetman

Motion for a resolution Annex I – part V – paragraph 2 – indent 4

Motion for a resolution Amendment

- allow users to easily notify by - allow users to easily notify by electronic means potentially illegal online electronic means potentially illegal or content or behaviour to online harmful online content or behaviour to intermediaries; online intermediaries;

AM\1205187EN.docx 63/152 PE652.305v01-00 EN Or. en

Amendment 733 Marcel Kolaja

Motion for a resolution Annex I – part V – paragraph 2 – indent 5

Motion for a resolution Amendment

- clarify, in an intelligible way, - clarify, in an intelligible way, existing concepts and processes such as existing concepts and processes such as “expeditious action”, “actual knowledge “expeditious action” which should not and awareness”, “targeted actions”, result in extreme timeframes such as one “notices' formats”, and “validity of hour removal time that is unfeasible notices”; especially for smaller intermediaries, “actual knowledge and awareness”, “targeted actions”, “notices' formats”, and “validity of notices”;

Or. en

Amendment 734 Salvatore De Meo, Carlo Fidanza

Motion for a resolution Annex I – part V – paragraph 2 – indent 6

Motion for a resolution Amendment

- guarantee that notices will not deleted automatically trigger legal liability nor should they impose any removal requirement, for specific pieces of the content or for the legality assessment;

Or. en

Amendment 735 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

PE652.305v01-00 64/152 AM\1205187EN.docx EN Motion for a resolution Annex I – part V – paragraph 2 – indent 6

Motion for a resolution Amendment

- guarantee that notices will not - guarantee that notices, unless being automatically trigger legal liability nor issued by a judicial authority, will not should they impose any removal automatically trigger legal liability nor requirement, for specific pieces of the should they impose any removal content or for the legality assessment; requirement, for specific pieces of the content or for the legality assessment;

Or. en

Amendment 736 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Liesje Schreinemacher, Sandro Gozi, Stéphanie Yon-Courtin, Svenja Hahn

Motion for a resolution Annex I – part V – paragraph 2 – indent 7

Motion for a resolution Amendment

- specify the requirements necessary - require notices to be sufficiently to ensure that notices are of a good quality, precise and adequately substantiated so as thereby enabling a swift removal of illegal to allow the service provider receiving content; such requirement should include them to take an informed and diligent the name and contact details of the notice decision as regards the effect to be given provider, the link (URL) to the allegedly to the notice and specify the requirements illegal content in question, the stated necessary to ensure that notices are of a reason for the claim including an good quality, thereby enabling a swift explanation of the reasons why the notice removal of illegal content; such provider considers the content to be illegal, requirement should include the name and and if necessary, depending on the type of contact details of the notice provider, the content, additional evidence for the claim; link (URL) to the allegedly illegal content in question, the stated reason for the claim including an explanation of the reasons why the notice provider considers the content to be illegal, and if necessary, depending on the type of content, additional evidence for the claim;

Or. en

AM\1205187EN.docx 65/152 PE652.305v01-00 EN Amendment 737 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Annex I – part V – paragraph 2 – indent 7

Motion for a resolution Amendment

- specify the requirements necessary - specify the requirements necessary to ensure that notices are of a good quality, to ensure that notices are of a good quality, thereby enabling a swift removal of illegal thereby enabling a swift removal of illegal content; such requirement should include content; such a requirement should include the name and contact details of the notice the name and contact details of the notice provider, the link (URL) to the allegedly provider, the location of (URL) the illegal content in question, the stated allegedly illegal content in question, an reason for the claim including an indication of the time and date when the explanation of the reasons why the notice alleged wrongdoing was committed, the provider considers the content to be illegal, stated reason for the claim including an and if necessary, depending on the type of explanation of the reasons why the notice content, additional evidence for the claim; provider considers the content to be illegal, and if necessary, depending on the type of content, additional evidence for the claim, a declaration of good faith that the information provided is accurate and information on how to issue a counter- notice;

Or. en

Amendment 738 Róża Thun und Hohenstein, Andrey Kovatchev, Maria da Graça Carvalho, Tomislav Sokol, Krzysztof Hetman

Motion for a resolution Annex I – part V – paragraph 2 – indent 7

Motion for a resolution Amendment

- specify the requirements necessary - specify the requirements necessary to ensure that notices are of a good quality, to ensure that notices are of a good quality, thereby enabling a swift removal of illegal thereby enabling a swift removal of illegal content; such requirement should include content; such requirement should include the name and contact details of the notice the name and contact details of the notice provider, the link (URL) to the allegedly provider, the link (URL) to the allegedly illegal content in question, the stated illegal or harmful content in question, the

PE652.305v01-00 66/152 AM\1205187EN.docx EN reason for the claim including an stated reason for the claim including an explanation of the reasons why the notice explanation of the reasons why the notice provider considers the content to be illegal, provider considers the content to be illegal, and if necessary, depending on the type of and if necessary, depending on the type of content, additional evidence for the claim; content, additional evidence for the claim;

Or. en

Amendment 739 Salvatore De Meo, Carlo Fidanza

Motion for a resolution Annex I – part V – paragraph 2 – indent 7

Motion for a resolution Amendment

- specify the requirements necessary - specify the requirements necessary to ensure that notices are of a good quality, to ensure that notices are of a good quality, thereby enabling a swift removal of illegal thereby enabling a swift removal of illegal content; such requirement should include content; such requirement should include the name and contact details of the notice the name and contact details of the notice provider, the link (URL) to the allegedly provider, information identifying the illegal content in question, the stated illegal content in question, the stated reason for the claim including an reason for the claim including an explanation of the reasons why the notice explanation of the reasons why the notice provider considers the content to be illegal, provider considers the content to be illegal, and if necessary, depending on the type of and if necessary, depending on the type of content, additional evidence for the claim; content, additional evidence for the claim;

Or. en

Amendment 740 Jean-Lin Lacapelle, Virginie Joron

Motion for a resolution Annex I – part V – paragraph 2 – indent 7 a (new)

Motion for a resolution Amendment

- prescribe that both the alert and the decision which follows it and the notification which is made to the supplier of the notified content cite or mention specifically the alleged illegal content, in particular where it results in the

AM\1205187EN.docx 67/152 PE652.305v01-00 EN suspension of a service or an account, in order to ensure legal certainty and freedom of expression and to serve as a basis for an effective remedy;

Or. fr

Amendment 741 Pablo Arias Echeverría, Pilar del Castillo Vera, Róża Thun und Hohenstein, Tomislav Sokol, Andrey Kovatchev, Romana Tomc

Motion for a resolution Annex I – part V – paragraph 2 – indent 8

Motion for a resolution Amendment

- allow for the submission of deleted anonymous complaints;

Or. en

Amendment 742 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Liesje Schreinemacher, Sandro Gozi, Stéphanie Yon-Courtin

Motion for a resolution Annex I – part V – paragraph 2 – indent 8

Motion for a resolution Amendment

- allow for the submission of - allow for the notice provider to anonymous complaints; provide their contact details, without this being required, but while recording the IP address or other equivalent of the provider in order to prevent abuse;

Or. en

Amendment 743 Marcel Kolaja

Motion for a resolution Annex I – part V – paragraph 2 – indent 8

PE652.305v01-00 68/152 AM\1205187EN.docx EN Motion for a resolution Amendment

- allow for the submission of - allow for the submission of anonymous complaints; anonymous notices for certain manifestly illegal content as that can help increasing the removal of illegal content;

Or. en

Amendment 744 Alexandra Geese on behalf of the Greens/EFA Group

Motion for a resolution Annex I – part V – paragraph 2 – indent 8

Motion for a resolution Amendment

- allow for the submission of - allow for the submission of anonymous complaints; anonymous complaints, unless in cases of violations of personality rights or intellectual property rights;

Or. en

Amendment 745 Pablo Arias Echeverría, Pilar del Castillo Vera, Róża Thun und Hohenstein, Tomislav Sokol, Andrey Kovatchev, Romana Tomc

Motion for a resolution Annex I – part V – paragraph 2 – indent 9

Motion for a resolution Amendment

- consider, when a complaint is not deleted anonymous, a declaration of good faith that the information provided is accurate;

Or. en

Amendment 746 Alexandra Geese

AM\1205187EN.docx 69/152 PE652.305v01-00 EN on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Annex I – part V – paragraph 2 – indent 9

Motion for a resolution Amendment

- consider, when a complaint is not deleted anonymous, a declaration of good faith that the information provided is accurate;

Or. en

Amendment 747 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Liesje Schreinemacher, Sandro Gozi, Stéphanie Yon-Courtin, Svenja Hahn

Motion for a resolution Annex I – part V – paragraph 2 – indent 9

Motion for a resolution Amendment

- consider, when a complaint is not - consider a declaration of good faith anonymous, a declaration of good faith that the information provided is accurate; that the information provided is accurate;

Or. en

Amendment 748 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Annex I – part V – paragraph 2 – indent 10

Motion for a resolution Amendment

- set up safeguards to prevent abusive - set up safeguards and provide for behaviour by users who systematically and sanctions to prevent abusive behaviour by repeatedly and with mala fide submit users who systematically and repeatedly wrongful or abusive notices; and with mala fide submit wrongful or abusive notices;

PE652.305v01-00 70/152 AM\1205187EN.docx EN Or. en

Amendment 749 Alexandra Geese on behalf of the Greens/EFA Group

Motion for a resolution Annex I – part V – paragraph 2 – indent 11

Motion for a resolution Amendment

- create an obligation for the online - create an obligation for the online intermediaries to verify the notified content intermediaries to verify the notified content and reply to the notice provider and the and reply to the notice provider and the content uploader with a reasoned decision; content uploader with a reasoned decision; such a requirement to reply should include the reasoning behind the decision, how the decision was made, if the decision was made by a human or an automated decision agent and information about the possibility to appeal this decision by either party with the intermediary, courts or other entities;

Or. en

Amendment 750 Marcel Kolaja

Motion for a resolution Annex I – part V – paragraph 2 – indent 11

Motion for a resolution Amendment

- create an obligation for the online - create an obligation for the online intermediaries to verify the notified intermediaries to reply to the notice content and reply to the notice provider provider and the content uploader with a and the content uploader with a reasoned reasoned decision, such a requirement to decision; reply should include the reasoning behind the decision, how the decision was made, if the decision was made by a human or an automated decision agent and information about the possibility to appeal this decision by either party with the intermediary, courts or other entities;

AM\1205187EN.docx 71/152 PE652.305v01-00 EN Or. en

Amendment 751 Pablo Arias Echeverría, Pilar del Castillo Vera, Róża Thun und Hohenstein, Tomislav Sokol, Edina Tóth, Maria da Graça Carvalho, Marion Walsmann, Kris Peeters, Romana Tomc, Andreas Schwab

Motion for a resolution Annex I – part V – paragraph 2 – indent 11

Motion for a resolution Amendment

- create an obligation for the online - create an obligation for the online intermediaries to verify the notified content intermediaries to verify the notified content and reply to the notice provider and the and reply in a timely manner to the notice content uploader with a reasoned decision; provider and the content uploader with a reasoned decision;

Or. en

Amendment 752 Adam Bielan, Beata Mazurek, Eugen Jurzyca, Andżelika Anna Możdżanowska

Motion for a resolution Annex I – part V – paragraph 2 – indent 11

Motion for a resolution Amendment

- create an obligation for the online - create an obligation for the online intermediaries to verify the notified content intermediaries to verify the content of the and reply to the notice provider and the notice and reply to the notice provider with content uploader with a reasoned decision; a reasoned decision;

Or. en

Amendment 753 Adam Bielan, Beata Mazurek, Andżelika Anna Możdżanowska

Motion for a resolution Annex I – part V – paragraph 2 – indent 12

PE652.305v01-00 72/152 AM\1205187EN.docx EN Motion for a resolution Amendment

- provide remedies to contest the - provide remedies to contest the decision via a counter-notice, including if decision via a counter-notice, including the the content has been removed via content that has been removed via automated solutions, unless such a counter- automated solutions, if technically feasible notice would conflict with an ongoing and free from the risk of exposing the investigation by law enforcement underlying technology and allowing « authorities. gaming » of the system, or unless such a counter-notice would conflict with an ongoing investigation by law enforcement authorities.

Or. en

Amendment 754 Marcel Kolaja

Motion for a resolution Annex I – part V – paragraph 2 – indent 12

Motion for a resolution Amendment

- provide remedies to contest the - provide remedies to contest the decision via a counter-notice, including if decision via a counter-notice, including if the content has been removed via the content has been removed via automated solutions, unless such a counter- voluntary automated solutions, unless such notice would conflict with an ongoing a counter-notice would conflict with an investigation by law enforcement ongoing investigation by law enforcement authorities. authorities.

Or. en

Amendment 755 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Annex I – part V – paragraph 2 – indent 12 a (new)

Motion for a resolution Amendment

- create an obligation for

AM\1205187EN.docx 73/152 PE652.305v01-00 EN intermediaries to publish information about their procedures and time frames for intervention by interested parties, including the time before a notification is sent to the content uploader, the time for the content uploader to respond with a counter-notification, the average and maximum time for a decision by the platform for categories of cases, the time at which the intermediary will inform both parties about the result of the procedure, the time for different forms of appeal against the decision.

Or. en

Amendment 756 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip

Motion for a resolution Annex I – part V – paragraph 2 – indent 12 a (new)

Motion for a resolution Amendment

- judicial injunctions issued in a Member State other than that of the online intermediaries should not be handle within the notice-and-action mechanism. The Commission should take due care in regards to the rules of private international law relating to conflicts of law and the jurisdiction of judicial authorities.

Or. en

Amendment 757 Salvatore De Meo

Motion for a resolution Annex I – part V – paragraph 2 – indent 12 a (new)

PE652.305v01-00 74/152 AM\1205187EN.docx EN Motion for a resolution Amendment

- once a notice has been accepted and illegal content has been taken down, create an obligation for online intermediaries to put in place effective and proportionate measures to prevent the reappearance of the illegal content ("staydown" measures).

Or. en

Amendment 758 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Liesje Schreinemacher

Motion for a resolution Annex I – part V – paragraph 2 a (new)

Motion for a resolution Amendment

The Digital Service Act notice-and-action mechanism should be based on the work of the Commission as carried out in 2012 and 2013, including the public consultations of a potential self-standing Directive on procedures for notifying and acting on illegal content hosted by online intermediaries.

Or. en

Amendment 759 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Liesje Schreinemacher, Sandro Gozi, Stéphanie Yon-Courtin

Motion for a resolution Annex I – part V – paragraph 2 b (new)

Motion for a resolution Amendment

The Digital Service Act notice-and-action mechanism should be binding only for illegal content. This, however, should not

AM\1205187EN.docx 75/152 PE652.305v01-00 EN prevent online intermediaries being able to adopt a similar notice-and-action mechanism for other content.

Or. en

Amendment 760 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Liesje Schreinemacher

Motion for a resolution Annex I – part V – paragraph 2 c (new)

Motion for a resolution Amendment

The right to be notified before a decision is taken to remove a content and the right to issue a counter-notice by a user shall only be restricted or waived, where: (a) subject to a legal or regulatory obligation which requires online intermediation services to terminate the provision of the whole of its online intermediation services to a given user in a manner which does not allow it to respect that notice-and-action mechanism; (b) online intermediation services can demonstrate that the user concerned has repeatedly infringed the applicable terms and conditions, including by uploading multiple potential illegal contents.

Or. en

Amendment 761 Sandro Gozi, Stéphanie Yon-Courtin

Motion for a resolution Annex I – part V – subheading 1 – indent 12 a (new)

Motion for a resolution Amendment

- create an obligation for the online

PE652.305v01-00 76/152 AM\1205187EN.docx EN intermediaries to take appropriate, effective and proportionate measures to ensure that identified illegal content which was rightfully taken down following a notice stays down.

Or. en

Amendment 762 Róża Thun und Hohenstein, Andrey Kovatchev, Maria da Graça Carvalho, Tomislav Sokol, Krzysztof Hetman

Motion for a resolution Annex I – part V – subheading 2 – indent 1

Motion for a resolution Amendment

- The decision taken by the online - The decision taken by the online intermediary on whether or not to act upon intermediary on whether or not to act upon content flagged as illegal should contain a content flagged as illegal or harmful clear justification on the actions undertaken should contain a clear justification on the regarding that specific content. The notice actions undertaken regarding that specific provider, where identifiable, should content. The notice provider should receive receive a confirmation of receipt and a a confirmation of receipt and a communication indicating the follow-up communication indicating the follow-up given to the notification. given to the notification.

Or. en

Amendment 763 Pablo Arias Echeverría, Pilar del Castillo Vera, Róża Thun und Hohenstein, Tomislav Sokol, Andrey Kovatchev, Edina Tóth, Maria da Graça Carvalho, Romana Tomc, Andreas Schwab

Motion for a resolution Annex I – part V – subheading 2 – indent 1

Motion for a resolution Amendment

- The decision taken by the online - The decision taken by the online intermediary on whether or not to act upon intermediary on whether or not to act upon content flagged as illegal should contain a content flagged as illegal should contain a clear justification on the actions undertaken clear justification on the actions undertaken regarding that specific content. The notice regarding that specific content. The notice provider, where identifiable, should provider should receive a confirmation of

AM\1205187EN.docx 77/152 PE652.305v01-00 EN receive a confirmation of receipt and a receipt and a communication indicating the communication indicating the follow-up follow-up given to the notification. given to the notification.

Or. en

Amendment 764 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Annex I – part V – subheading 2 – indent 2

Motion for a resolution Amendment

- The providers of the content that is - The providers of the content that is being flagged as illegal should be being flagged as illegal should be immediately informed of the notice and, immediately informed of the notice and, that being the case, of the reasons and that being the case, of the reasons and decisions taken to remove or disable access decisions taken to remove, suspend or to the content; all parties should be duly disable access to the content; all parties informed of all existing available legal should be duly informed of all existing options and mechanisms to challenge this available legal options and mechanisms to decision; challenge this decision; in complex areas of law mainly involving two parties external to the provider, such as alleged defamation or copyright infringements, a notice-and-notice system is more appropriate, with additional safeguards put in place;

Or. en

Amendment 765 Róża Thun und Hohenstein, Andrey Kovatchev, Maria da Graça Carvalho, Tomislav Sokol, Krzysztof Hetman

Motion for a resolution Annex I – part V – subheading 2 – indent 2

Motion for a resolution Amendment

- The providers of the content that is - The providers of the content that is being flagged as illegal should be being flagged as illegal or harmful should

PE652.305v01-00 78/152 AM\1205187EN.docx EN immediately informed of the notice and, be immediately informed of the notice and, that being the case, of the reasons and that being the case, of the reasons and decisions taken to remove or disable access decisions taken to remove or disable access to the content; all parties should be duly to the content; all parties should be duly informed of all existing available legal informed of all existing available legal options and mechanisms to challenge this options and mechanisms to challenge this decision; decision;

Or. en

Amendment 766 Adriana Maldonado López, Clara Aguilera

Motion for a resolution Annex I – part V – subheading 2 – indent 3

Motion for a resolution Amendment

- All interested parties should have - All interested parties should have the right to contest the decision through a the right to contest the decision through a counter-notice and by having recourse to counter-notice, which must be subject to out-of-court dispute settlement mechanism; clear requirements and accompanied by to this end, the rules of Article 17 of the E- an explanation, and by having recourse to Commerce Directive should be revised. out-of-court dispute settlement mechanism; to this end, the rules of Article 17 of the E- Commerce Directive should be revised.

Or. es

Amendment 767 Eugen Jurzyca, Adam Bielan, Beata Mazurek

Motion for a resolution Annex I – part V – subheading 2 – indent 3

Motion for a resolution Amendment

- All interested parties should have - All interested parties should have the right to contest the decision through a the right to contest the decision through a counter-notice and by having recourse to counter-notice and by having recourse to out-of-court dispute settlement mechanism; out-of-court dispute settlement mechanism. to this end, the rules of Article 17 of the E-Commerce Directive should be revised.

Or. en

AM\1205187EN.docx 79/152 PE652.305v01-00 EN Amendment 768 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Annex I – part V – subheading 2 – indent 4

Motion for a resolution Amendment

- If the redress and counter-notice - If the redress and counter-notice have established that the notified activity have established that the notified activity or information is not illegal, the online or information is not illegal, the online intermediary should restore the content that intermediary should restore the content that was removed without undue delay or allow was removed or suspended without undue for the re-upload by the user, without delay or allow for the re-upload by the prejudice to the platform's terms of user, without prejudice to the online service. intermediary’s terms of service.

Or. en

Amendment 769 Martin Schirdewan, Emmanuel Maurel, Stelios Kouloglou

Motion for a resolution Annex I – part V – subheading 2 – indent 4

Motion for a resolution Amendment

- If the redress and counter-notice - If the redress and counter-notice have established that the notified activity have established that the notified activity or information is not illegal, the online or information is not illegal, the online intermediary should restore the content that intermediary should restore the content that was removed without undue delay or allow was removed without undue delay or allow for the re-upload by the user, without for the re-upload by the user. prejudice to the platform's terms of service.

Or. en

Amendment 770 Róża Thun und Hohenstein, Andrey Kovatchev, Maria da Graça Carvalho, Tomislav Sokol, Krzysztof Hetman

PE652.305v01-00 80/152 AM\1205187EN.docx EN Motion for a resolution Annex I – part V – subheading 2 – indent 4

Motion for a resolution Amendment

- If the redress and counter-notice - If the redress and counter-notice have established that the notified activity have established that the notified activity or information is not illegal, the online or information is not illegal nor harmful, intermediary should restore the content that the online intermediary should restore the was removed without undue delay or allow content that was removed without undue for the re-upload by the user, without delay or allow for the re-upload by the prejudice to the platform's terms of service. user, without prejudice to the platform's terms of service.

Or. en

Amendment 771 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Liesje Schreinemacher, Sandro Gozi, Stéphanie Yon-Courtin, Svenja Hahn

Motion for a resolution Annex I – part V – subheading 2 – indent 4 a (new)

Motion for a resolution Amendment

- an out-of-court dispute settlement mechanism should meet certain standards, notably in terms of procedural fairness, a presumption of innocence or lack of malicious intent by the content provider and that abuse is avoided.

Or. en

Amendment 772 Jean-Lin Lacapelle, Virginie Joron

Motion for a resolution Annex I – part V – subheading 2 – indent 5 a (new)

Motion for a resolution Amendment

- Both the alternative dispute resolution mechanism and the right to

AM\1205187EN.docx 81/152 PE652.305v01-00 EN have recourse to a competent national court should be expressly notified, together, in a clear and concise manner, when making, contesting, or receiving a decision on an alert. Legislation on digital services should present the principle of this organisation of dispute resolution in a similarly clear and concise manner, within a single article, along the lines of Article 17 (9) of Directive 2019/790/ EU.

Or. fr

Amendment 773 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Annex I – part V – subheading 2 a (new)

Motion for a resolution Amendment

2a. Independent dispute settlement bodies

Or. en

Amendment 774 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Annex I – part V – subheading 2 a (new)

Motion for a resolution Amendment

2a. Independent dispute settlement bodies Independent dispute settlement bodies should be established to allow users a referral in order to contest a decision taken by an online intermediary. These

PE652.305v01-00 82/152 AM\1205187EN.docx EN bodies should: be established by Member States to serve as a tribunal system providing simplified and speedier legal procedures tailored to the nature of online content moderation disputes; be composed of legal experts and complement the judicial system; be tasked with the settlement of disputes between content uploaders and an intermediary regarding the legality of user-uploaded content and the correct application of terms of services or other internal rules when they relate to content moderation decisions taken by the intermediary; issue reports on the number of referrals brought before them, including the number of referrals given heed to.

Or. en

Amendment 775 Alexandra Geese on behalf of the Greens/EFA Group

Motion for a resolution Annex I – part V – subheading 2 b (new)

Motion for a resolution Amendment

2b. Social Media Councils Social Media Councils should be set up by the Commission in order to set up open, transparent, accountable, participatory, multi-stakeholder and voluntary mechanism to address content moderation issues. These Councils should: include representatives of a diverse society including freedom of expression experts, academia, child protection experts, representatives of non-discrimination organisations and equality bodies; divers meaning the criteria laid out in Article 21 of the Charter of Fundamental Rights of the European Union; be composed of at least 60% women and non-binary gender identities;·be independent from

AM\1205187EN.docx 83/152 PE652.305v01-00 EN government, commercial and special interests, be established in a fully participatory, inclusive, democratic and transparent process; issue non-binding guiding principles for content moderation issues;· foster a participative and transparent public debate around content moderation issues;·and provide public access to decisions and documents; set out policy recommendations in case further regulation is needed.

Or. en

Amendment 776 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Annex I – part V – paragraph 3 – introductory part

Motion for a resolution Amendment

The notice-and-action mechanisms should The notice-and-action mechanisms should be transparent and available to any be transparent and publicly available; to interested party; to that end, online that end, online intermediaries and intermediaries should be obliged to publish Member States should be obliged to annual reports with information on: publish annual reports. Online intermediaries’ reports should be standardized and contain information on:

Or. en

Amendment 777 Arba Kokalari

Motion for a resolution Annex I – part V – paragraph 3 – introductory part

Motion for a resolution Amendment

The notice-and-action mechanisms should The notice-and-action mechanisms should be transparent and available to any be transparent and available to any interested party; to that end, online interested party; to that end, online

PE652.305v01-00 84/152 AM\1205187EN.docx EN intermediaries should be obliged to publish intermediaries, except SMEs and annual reports with information on: microenterprises, should be obliged to publish annual reports with information on:

Or. sv

Amendment 778 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Sandro Gozi, Stéphanie Yon-Courtin, Svenja Hahn

Motion for a resolution Annex I – part V – paragraph 3 – introductory part

Motion for a resolution Amendment

The notice-and-action mechanisms should The notice-and-action mechanisms should be transparent and available to any be transparent and available to any interested party; to that end, online interested party; to that end, online intermediaries should be obliged to publish intermediaries should be obliged to publish annual reports with information on: a report with information on:

Or. en

Amendment 779 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Annex I – part V – paragraph 3 – indent 1 a (new)

Motion for a resolution Amendment

- the response time per type of content;

Or. en

Amendment 780 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

AM\1205187EN.docx 85/152 PE652.305v01-00 EN Motion for a resolution Annex I – part V – paragraph 3 – indent 4 a (new)

Motion for a resolution Amendment

- the number of erroneous takedowns;

Or. en

Amendment 781 Adam Bielan, Beata Mazurek, Eugen Jurzyca, Andżelika Anna Możdżanowska

Motion for a resolution Annex I – part V – paragraph 3 – indent 5

Motion for a resolution Amendment

- the description of the content - the description of the content moderation model applied by the hosting moderation model applied by the hosting intermediary, as well as any algorithmic intermediary. decision making which influences the content moderation process.

Or. en

Amendment 782 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Liesje Schreinemacher, Svenja Hahn

Motion for a resolution Annex I – part V – paragraph 3 – indent 5

Motion for a resolution Amendment

- the description of the content - the description of the content moderation model applied by the hosting moderation model applied by the hosting intermediary, as well as any algorithmic intermediary. decision making which influences the content moderation process.

Or. en

PE652.305v01-00 86/152 AM\1205187EN.docx EN Amendment 783 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Annex I – part V – paragraph 3 – indent 5

Motion for a resolution Amendment

- the description of the content - the description of the content moderation model applied by the hosting moderation model applied by the hosting intermediary, as well as any algorithmic intermediary, as well as any algorithmic decision making which influences the decision making and its functioning and content moderation process. logic which influences the content moderation process.

Or. en

Amendment 784 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Annex I – part V – paragraph 3 – indent 5 a (new)

Motion for a resolution Amendment

- an obligation for intermediaries to provide the aggregated data of transparency reports via a publicly available real-time API. Such an API should be standardised by the European regulator to allow for comparability across providers.

Or. en

Amendment 785 Alex Agius Saliba, Adriana Maldonado López, Maria-Manuel Leitão-Marques, Clara Aguilera, Brando Benifei, Andreas Schieder, Maria Grapini, Marc Angel, Evelyne Gebhardt, Biljana Borzan

AM\1205187EN.docx 87/152 PE652.305v01-00 EN Motion for a resolution Annex I – part V – paragraph 3 – indent 5 a (new)

Motion for a resolution Amendment

- the measures they adopt with regards to repeated infringers to ensure that the measures are effective in tackling such systemic abusive behaviour.

Or. en

Amendment 786 Maria Grapini, Brando Benifei, Adriana Maldonado López

Motion for a resolution Annex I – part V – paragraph 3 – indent 5 a (new)

Motion for a resolution Amendment

- the number of products that have been found to be counterfeit or illegal and have been removed from online platforms.

Or. en

Amendment 787 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Annex I – part V – paragraph 3 – indent 5 b (new)

Motion for a resolution Amendment

- Member States’ reports should contain information on: the number, nature and legal basis of content restriction requests sent to intermediaries; on the actions taken as a result of those requests.

Or. en

PE652.305v01-00 88/152 AM\1205187EN.docx EN Amendment 788 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Sandro Gozi, Stéphanie Yon-Courtin, Svenja Hahn

Motion for a resolution Annex I – part V – paragraph 3 a (new)

Motion for a resolution Amendment

They should be required to update this report on an annual basis where there is a significant change from one year to the next or where a provider is a "systemic platform".

Or. en

Amendment 789 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Sandro Gozi, Stéphanie Yon-Courtin, Svenja Hahn

Motion for a resolution Annex I – part V – paragraph 3 b (new)

Motion for a resolution Amendment

The obligation to publish and the required detail of this report should take into account the size or the scale on which online intermediaries operate and whether they have only limited resources and expertise and if there is a need for effective and appropriate safeguards accompanying such mechanisms.

Or. en

Amendment 790 Martin Schirdewan, Emmanuel Maurel, Stelios Kouloglou

Motion for a resolution Annex I – part V – paragraph 4

AM\1205187EN.docx 89/152 PE652.305v01-00 EN Motion for a resolution Amendment

The Digital Services Act should protect The Digital Services Act should protect, and uphold the current limited exemptions uphold and adapt the current limited from secondary liability for information exemptions from secondary liability for society service providers (online information society service providers intermediaries) provided for in Article 12, (online intermediaries) provided for in 13, and 14 of the current E-Commerce Article 12, 13, and 14 of the current E- Directive. Commerce Directive to new challenges in the digital landscape. Therefore, the Digital Services Act should introduce a tailored liability regime with proper enforcement mechanisms for commercial activities on online market places in order to guarantee consumer protection and product safety.

Or. en

Amendment 791 Marc Angel, Sylvie Guillaume

Motion for a resolution Annex I – part V – paragraph 4

Motion for a resolution Amendment

The Digital Services Act should protect The Digital Services Act should preserve and uphold the current limited exemptions and upgrade the current liability regime from secondary liability for information provided for in Article 12, 13, and 14 of society service providers (online the current E-Commerce Directive; intermediaries) provided for in Article 12, Without prejudice to Article 6a (d) of the 13, and 14 of the current E-Commerce Directive (EU) 2019/2161, the Digital Directive. Services Act should set up a special liability regime for online marketplaces, including those services which allow the conclusion of a distance contract between a trader and a consumer via advertisements, digital comparison, reputation or other advisory services.

Or. en

PE652.305v01-00 90/152 AM\1205187EN.docx EN Amendment 792 Salvatore De Meo, Carlo Fidanza

Motion for a resolution Annex I – part V – paragraph 4

Motion for a resolution Amendment

The Digital Services Act should protect The Digital Services Act should protect and uphold the current limited exemptions and uphold the scope of the current limited from secondary liability for information liability regime for information society society service providers (online service providers (online intermediaries) intermediaries) provided for in Article 12, provided for in Article 12, 13, and 14 of 13, and 14 of the current E-Commerce the current E-Commerce Directive. Directive.

Or. en

Amendment 793 Eugen Jurzyca, Adam Bielan, Beata Mazurek

Motion for a resolution Annex I – part V – paragraph 5

Motion for a resolution Amendment

The Digital Services Act should address The Digital Services Act should address the lack of legal certainty regarding the the lack of legal certainty regarding the concept of active vs passive hosts. The concept of active vs passive hosts. revised measures should clarify if interventions by hosting providers having editorial functions and a certain “degree of control over the data,” through tagging, organising, promoting, optimising, presenting or otherwise curating specific content for profit- making purposes and which amounts to adoption of the third-party content as one’s own (as judged by average users or consumers) should lead to a loss of safe harbour provisions due to their active nature.

Or. en

AM\1205187EN.docx 91/152 PE652.305v01-00 EN Amendment 794 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Liesje Schreinemacher, Svenja Hahn

Motion for a resolution Annex I – part V – paragraph 5

Motion for a resolution Amendment

The Digital Services Act should address The Digital Services Act should address the lack of legal certainty regarding the the lack of legal certainty regarding the concept of active vs passive hosts. The concept of active vs passive hosts. The revised measures should clarify if revised measures should codify the interventions by hosting providers having jurisprudence of the European Court of editorial functions and a certain “degree Justice on the matter. of control over the data,” through tagging, organising, promoting, optimising, presenting or otherwise curating specific content for profit- making purposes and which amounts to adoption of the third-party content as one’s own (as judged by average users or consumers) should lead to a loss of safe harbour provisions due to their active nature.

Or. en

Amendment 795 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Annex I – part V – paragraph 5

Motion for a resolution Amendment

The Digital Services Act should address The Digital Services Act should consider the lack of legal certainty regarding the replacing the concept of active vs passive concept of active vs passive hosts. The hosts. The revised measures should clarify revised measures should clarify if if interventions by hosting providers interventions by hosting providers having creating the content or having a certain editorial functions and a certain “degree “degree of contribution to the illegality of of control over the data,” through the content” and which amounts to tagging, organising, promoting, adoption of the third-party content as one’s optimising, presenting or otherwise own (as judged by average users or

PE652.305v01-00 92/152 AM\1205187EN.docx EN curating specific content for profit- consumers), as well as the question making purposes and which amounts to whether a provider is optimizing economic adoption of the third-party content as one’s models of services in ways that bring own (as judged by average users or inherent risks of illegal or harmful consumers) should lead to a loss of safe content/activity and/or fundamental rights harbour provisions due to their active and freedoms should lead to a loss of safe nature. harbour provisions due to their active nature.

Or. en

Amendment 796 Adriana Maldonado López, Clara Aguilera

Motion for a resolution Annex I – part V – paragraph 5

Motion for a resolution Amendment

The Digital Services Act should address The Digital Services Act should, in line the lack of legal certainty regarding the with existing European legislation, concept of active vs passive hosts. The address the lack of legal certainty revised measures should clarify if regarding the concept of active vs passive interventions by hosting providers having hosts. The revised measures should clarify editorial functions and a certain “degree of if interventions by hosting providers control over the data,” through tagging, having editorial functions and a certain organising, promoting, optimising, “degree of control over the data,” through presenting or otherwise curating specific tagging, organising, promoting, optimising, content for profit-making purposes and presenting or otherwise curating specific which amounts to adoption of the third- content for profit-making purposes and party content as one’s own (as judged by which amounts to adoption of the third- average users or consumers) should lead to party content as one’s own (as judged by a loss of safe harbour provisions due to average users or consumers) should lead to their active nature. a loss of safe harbour provisions due to their active nature.

Or. es

Amendment 797 Salvatore De Meo

Motion for a resolution Annex I – part V – paragraph 5

AM\1205187EN.docx 93/152 PE652.305v01-00 EN Motion for a resolution Amendment

The Digital Services Act should address The Digital Services Act should address the lack of legal certainty regarding the the lack of legal certainty regarding the concept of active vs passive hosts. The concept of active vs passive hosts. The revised measures should clarify if revised measures should clarify that interventions by hosting providers having interventions by hosting providers having editorial functions and a certain “degree of editorial functions and a certain “degree of control over the data,” through tagging, control over the data,” through tagging, organising, promoting, optimising, organising, promoting, optimising, presenting or otherwise curating specific presenting or otherwise curating specific content for profit-making purposes and content for profit-making purposes and which amounts to adoption of the third- which amounts to adoption of the third- party content as one’s own (as judged by party content as one’s own (as judged by average users or consumers) should lead to average users or consumers) should lead to a loss of safe harbour provisions due to a loss of safe harbour provisions due to their active nature. their active nature.

Or. en

Amendment 798 Sandro Gozi, Stéphanie Yon-Courtin

Motion for a resolution Annex I – part V – paragraph 5

Motion for a resolution Amendment

The Digital Services Act should address The Digital Services Act should address the lack of legal certainty regarding the the lack of legal certainty regarding the concept of active vs passive hosts. The concept of active vs passive hosts. The revised measures should clarify if revised measures should clarify that interventions by hosting providers having interventions by hosting providers having editorial functions and a certain “degree of editorial functions and a certain “degree of control over the data,” through tagging, control over the data,” through tagging, organising, promoting, optimising, organising, promoting, optimising, presenting or otherwise curating specific presenting or otherwise curating specific content for profit-making purposes and content for profit-making purposes and which amounts to adoption of the third- which amounts to adoption of the third- party content as one’s own (as judged by party content as one’s own (as judged by average users or consumers) should lead to average users or consumers) should lead to a loss of safe harbour provisions due to a loss of safe harbour provisions due to their active nature. their active nature.

Or. en

PE652.305v01-00 94/152 AM\1205187EN.docx EN Amendment 799 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Liesje Schreinemacher, Sandro Gozi, Stéphanie Yon-Courtin, Svenja Hahn

Motion for a resolution Annex I – part V – paragraph 5 a (new)

Motion for a resolution Amendment

The Digital Service Act should maintain its protections of non-active providers and other backend and infrastructure services which are not party to the contractual relations between online intermediaries and its business or private customers. Such backend services should not be held liable for actions which they did not have an active overarching decision making role and which merely implement decisions by the online intermediaries or its customers.

Or. en

Amendment 800 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Liesje Schreinemacher

Motion for a resolution Annex I – part V – paragraph 5 b (new)

Motion for a resolution Amendment

New proposals of obligations on content management and moderation, if deemed necessary beyond a notice-and-action mechanism, should be only possible within the framework of the suggested regulation on ex-ante measures for significant market players.

Or. en

AM\1205187EN.docx 95/152 PE652.305v01-00 EN Amendment 801 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Annex I – part V – paragraph 6

Motion for a resolution Amendment

The Digital Services Act should maintain The Digital Services Act should maintain the ban on general monitoring obligation the ban on general monitoring obligation under Article 15 of the current E- under Article 15 of the current E- Commerce Directive. Online Commerce Directive clarifying however intermediaries should not be subject to that the indiscriminate verification and general monitoring obligations. analysis of all content or communications hosted by an information society service provider also falls within the definition of general monitoring. Online intermediaries should not be subject to general monitoring obligations.

Or. en

Amendment 802 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Svenja Hahn

Motion for a resolution Annex I – part V – paragraph 6

Motion for a resolution Amendment

The Digital Services Act should maintain The Digital Services Act should maintain the ban on general monitoring obligation the ban on general monitoring obligation under Article 15 of the current E- under Article 15 of the current E- Commerce Directive. Online Commerce Directive. Online intermediaries should not be subject to intermediaries should not be subject to general monitoring obligations. general monitoring obligations, including any requirements for ex-ante control measures based on automated tools or upload-filtering of content.

Or. en

PE652.305v01-00 96/152 AM\1205187EN.docx EN Amendment 803 Salvatore De Meo

Motion for a resolution Annex I – part V – paragraph 6

Motion for a resolution Amendment

The Digital Services Act should maintain The Digital Services Act should maintain the ban on general monitoring obligation the ban on general monitoring obligation under Article 15 of the current E- under Article 15 of the current E- Commerce Directive. Online Commerce Directive applicable to passive intermediaries should not be subject to online intermediaries. general monitoring obligations.

Or. en

Amendment 804 Adam Bielan, Beata Mazurek, Eugen Jurzyca, Andżelika Anna Możdżanowska

Motion for a resolution Annex I – part V – paragraph 6 a (new)

Motion for a resolution Amendment

Voluntary measures A voluntary measures clause would encourage companies to engage in additional voluntary actions for content moderation, above what is required by law. The purpose would be to remove an assumption and a risk that if a company engages in a good faith in such voluntary actions, it automatically loses the safe harbour protection. In the current legislative environment, companies undertake such measures at their own risk, as they may incur liability for failing to act in relation to illegal content that they identify, even when they conclude in good faith that the content need not be removed. The risk of liability creates a perverse incentive for companies to either refrain from taking reasonable proactive moderation, or to over-remove valuable

AM\1205187EN.docx 97/152 PE652.305v01-00 EN content in the course of moderating and consequently possibly violating the freedom of speech or other fundamental rights. A voluntary measures clause would also ensure that where a platform or an information society service provider has voluntarily reviewed one or more pieces of content in respect of one or more types of unlawfulness (or for violations of its content policies, e.g., defamation), the provider is not deemed to have knowledge of the unlawfulness of other, unreviewed, pieces of content on its platform (copyright violations). Equally, the provision would ensure that where the information society service provider has voluntarily reviewed content in respect of one or more types of unlawfulness (or for violations of its content policies), the provider is not deemed to have knowledge of all of the other potential ways in which that same content might be unlawful.

Or. en

Amendment 805 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Liesje Schreinemacher, Svenja Hahn

Motion for a resolution Annex I – part V – paragraph 6 a (new)

Motion for a resolution Amendment

The Digital Service Act, however, may allow for voluntary actions which would allow for online intermediaries to take social responsibility without losing the protections of article 14.

Or. en

PE652.305v01-00 98/152 AM\1205187EN.docx EN Amendment 806 Eugen Jurzyca

Motion for a resolution Annex I – part VI – paragraph 1

Motion for a resolution Amendment

The Digital Services Act should propose The Digital Services Act or conjoin non- specific rules for online market places for legislative measures should propose the online sale of products and services to specific rules for online market places for consumers. the online sale of products and services to consumers.

Or. en

Amendment 807 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Annex I – part VI – paragraph 1

Motion for a resolution Amendment

The Digital Services Act should propose The Digital Services Act should propose specific rules for online market places for specific rules for online market places for the online sale of products and services to the online sale, promotion or supply of consumers. products and services to consumers.

Or. en

Amendment 808 Pablo Arias Echeverría, Pilar del Castillo Vera, Róża Thun und Hohenstein, Tomislav Sokol, Andrey Kovatchev, Edina Tóth, Maria da Graça Carvalho, Romana Tomc, Andreas Schwab

Motion for a resolution Annex I – part VI – paragraph 1

Motion for a resolution Amendment

The Digital Services Act should propose The Digital Services Act should propose specific rules for online market places for specific rules for online market places for

AM\1205187EN.docx 99/152 PE652.305v01-00 EN the online sale of products and services to the online sale of products and provision of consumers. services to consumers.

Or. en

Amendment 809 Eugen Jurzyca

Motion for a resolution Annex I – part VI – paragraph 2 – indent 1

Motion for a resolution Amendment

- cover all entities that offer services deleted and/or products to consumers in the Union, including if they are established outside the Union;

Or. en

Amendment 810 Eugen Jurzyca

Motion for a resolution Annex I – part VI – paragraph 2 – indent 3

Motion for a resolution Amendment

- ensure that online marketplaces - ensure that online marketplaces make it clear in which country the products make it clear in which country the products or services are being provided, regardless or services are being provided, regardless whether they are provided by that whether they are provided by that marketplace, a third party or a seller marketplace, a third party; established inside or outside the Union;

Or. en

Amendment 811 Pablo Arias Echeverría, Róża Thun und Hohenstein, Tomislav Sokol, Andrey Kovatchev, Edina Tóth, Maria da Graça Carvalho, Pascal Arimont, Marion Walsmann, Romana Tomc, Andreas Schwab

PE652.305v01-00 100/152 AM\1205187EN.docx EN Motion for a resolution Annex I – part VI – paragraph 2 – indent 3

Motion for a resolution Amendment

- ensure that online marketplaces - ensure that online marketplaces make it clear in which country the products make it clear to which country the products or services are being provided, regardless are sold or services are being provided, whether they are provided by that regardless whether they are provided by marketplace, a third party or a seller that marketplace, a third party or a seller established inside or outside the Union; established inside or outside the Union;

Or. en

Amendment 812 Adriana Maldonado López, Clara Aguilera, Marc Angel

Motion for a resolution Annex I – part VI – paragraph 2 – indent 3 a (new)

Motion for a resolution Amendment

- include clear obligations to ensure that online markets meet transparency, accountability and traceability requirements and implement proactive and reactive measures to prevent illegal and unsafe products from being offered for sale to EU consumers;

Or. es

Amendment 813 Adam Bielan, Beata Mazurek, Eugen Jurzyca, Andżelika Anna Możdżanowska

Motion for a resolution Annex I – part VI – paragraph 2 – indent 4

Motion for a resolution Amendment

- ensure that online marketplaces - ensure that online marketplaces remove any misleading information given remove, in accordance with notification by the supplier or by customers, including made by relevant authorities any

AM\1205187EN.docx 101/152 PE652.305v01-00 EN misleading guarantees and statements misleading information given by the made by the supplier; supplier or by customers, including misleading guarantees and statements made by the supplier;

Or. en

Amendment 814 Róża Thun und Hohenstein, Andrey Kovatchev, Tomislav Sokol

Motion for a resolution Annex I – part VI – paragraph 2 – indent 4

Motion for a resolution Amendment

- ensure that online marketplaces - ensure that online marketplaces remove any misleading information given remove any misleading information given by the supplier or by customers, including by the supplier; misleading guarantees and statements made by the supplier;

Or. en

Amendment 815 Alexandra Geese on behalf of the Greens/EFA Group

Motion for a resolution Annex I – part VI – paragraph 2 – indent 4

Motion for a resolution Amendment

- ensure that online marketplaces - ensure that online marketplaces remove any misleading information given remove any misleading information given by the supplier or by customers, including by the supplier or by customers, including misleading guarantees and statements misleading guarantees and statements made by the supplier; made by the supplier, or otherwise would become liable;

Or. en

Amendment 816 Marion Walsmann, Pablo Arias Echeverría, Andrey Kovatchev, Christian Doleschal,

PE652.305v01-00 102/152 AM\1205187EN.docx EN Maria da Graça Carvalho

Motion for a resolution Annex I – part VI – paragraph 2 – indent 4

Motion for a resolution Amendment

- ensure that online marketplaces - ensure that online marketplaces remove any misleading information given remove quickly any misleading by the supplier or by customers, including information given by the supplier or by misleading guarantees and statements customers, including misleading made by the supplier; guarantees and statements made by the supplier;

Or. en

Amendment 817 Evelyne Gebhardt, Monika Beňová, Brando Benifei, Biljana Borzan, Andreas Schieder, Marc Angel, Adriana Maldonado López

Motion for a resolution Annex I – part VI – paragraph 2 – indent 4 a (new)

Motion for a resolution Amendment

- oblige online market places to display the possession of a qualification where a service provision requires the existence of a certain qualification to avoid misleading or deceptive information to consumers;

Or. en

Amendment 818 Marion Walsmann, Pablo Arias Echeverría, Andrey Kovatchev, Pascal Arimont, Christian Doleschal, Maria da Graça Carvalho

Motion for a resolution Annex I – part VI – paragraph 2 – indent 4 a (new)

Motion for a resolution Amendment

- ensure that online marketplaces foresee an easy to find specific contact

AM\1205187EN.docx 103/152 PE652.305v01-00 EN point for consumers and national authorities for the notice of unsafe goods on their website;

Or. en

Amendment 819 Marion Walsmann, Christian Doleschal, Maria da Graça Carvalho

Motion for a resolution Annex I – part VI – paragraph 2 – indent 4 b (new)

Motion for a resolution Amendment

- ensure that online marketplaces have to check if a product is on the Union Rapid Alert System for dangerous non- food products (Rapex) before placing it on their website;

Or. en

Amendment 820 Adriana Maldonado López, Clara Aguilera, Marc Angel

Motion for a resolution Annex I – part VI – paragraph 2 – indent 5

Motion for a resolution Amendment

- once products have been identified - once products have been identified as unsafe by the Union’s rapid alert as unsafe by the Union’s rapid alert systems or by consumer protection systems or by consumer protection authorities, it should be compulsory to authorities, it should be compulsory to remove products from the marketplace remove products from the marketplace within 24 hours; within 24 hours; online markets are required to cooperate with the authorities, keeping them informed as soon as they become aware of products on their platforms that are unsafe or non- compliant with European safety standards;

PE652.305v01-00 104/152 AM\1205187EN.docx EN Or. es

Amendment 821 Brando Benifei, Maria Grapini, Andreas Schieder, Sylvie Guillaume, Adriana Maldonado López, Maria-Manuel Leitão-Marques, Clara Aguilera, Marc Angel

Motion for a resolution Annex I – part VI – paragraph 2 – indent 5

Motion for a resolution Amendment

- once products have been identified - once products have been identified as unsafe by the Union’s rapid alert as unsafe and/or counterfeit by the systems or by consumer protection Union’s rapid alert systems or by consumer authorities, it should be compulsory to protection authorities, it should be remove products from the marketplace compulsory to remove products from the within 24 hours; marketplace within 24 hours and measures should be taken to prevent their reappearance on the marketplace;

Or. en

Amendment 822 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Annex I – part VI – paragraph 2 – indent 5

Motion for a resolution Amendment

- once products have been identified - once products have been identified as unsafe by the Union’s rapid alert as unsafe by the Union’s rapid alert systems or by consumer protection systems, by national market surveillance authorities, it should be compulsory to authorities, by customs authorities or by remove products from the marketplace consumer protection authorities, it should within 24 hours; be compulsory to remove products from the marketplace within 24 hours;

Or. en

AM\1205187EN.docx 105/152 PE652.305v01-00 EN Amendment 823 Beata Mazurek, Eugen Jurzyca, Andżelika Anna Możdżanowska

Motion for a resolution Annex I – part VI – paragraph 2 – indent 5

Motion for a resolution Amendment

- once products have been identified - once products have been identified as unsafe by the Union’s rapid alert as unsafe by the Union’s rapid alert systems or by consumer protection systems or by consumer protection authorities, it should be compulsory to authorities, it should be compulsory to remove products from the marketplace remove products from the marketplace within 24 hours; within a reasonable time of receiving a notification from the relevant authorities;

Or. en

Amendment 824 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Liesje Schreinemacher, Svenja Hahn

Motion for a resolution Annex I – part VI – paragraph 2 – indent 5

Motion for a resolution Amendment

- once products have been identified - once products have been identified as unsafe by the Union’s rapid alert as unsafe by the Union’s rapid alert systems or by consumer protection systems or by consumer protection authorities, it should be compulsory to authorities, it should be compulsory to remove products from the marketplace remove products from the marketplace within 24 hours; within two working days of receiving notification;

Or. en

Amendment 825 Eugen Jurzyca, Adam Bielan

Motion for a resolution Annex I – part VI – paragraph 2 – indent 5

PE652.305v01-00 106/152 AM\1205187EN.docx EN Motion for a resolution Amendment

- once products have been identified - once products have been identified as unsafe by the Union’s rapid alert as unsafe by the Union’s rapid alert systems or by consumer protection systems or by consumer protection authorities, it should be compulsory to authorities, it should be compulsory to remove products from the marketplace remove products from the marketplace within 24 hours; within reasonable time;

Or. en

Amendment 826 Alexandra Geese on behalf of the Greens/EFA Group

Motion for a resolution Annex I – part VI – paragraph 2 – indent 5 a (new)

Motion for a resolution Amendment

- include an obligation to protect users, so that in case an online marketplace has obtained credible evidence of illegal activities on its platform, but fails to take adequate measures for the protection of the online consumer, it becomes liable for consumers’ damages resulting from that failure;

Or. en

Amendment 827 Marion Walsmann, Pablo Arias Echeverría, Andrey Kovatchev, Christian Doleschal, Maria da Graça Carvalho

Motion for a resolution Annex I – part VI – paragraph 2 – indent 5 a (new)

Motion for a resolution Amendment

- oblige online marketplaces to exchange information on repeat offenders and to take measures to avoid that goods

AM\1205187EN.docx 107/152 PE652.305v01-00 EN taken down from one website reappear on other online marketplaces;

Or. en

Amendment 828 Maria Grapini, Brando Benifei, Marc Angel, Adriana Maldonado López

Motion for a resolution Annex I – part VI – paragraph 2 – indent 6

Motion for a resolution Amendment

- oblige online marketplaces to - oblige online marketplaces to inform consumers of any safety issues and inform consumers of any safety issues and of any action required to ensure that recalls of any action required to ensure that recalls are carried out effectively; are carried out effectively; online marketplaces must inform consumers if a product they have previously bought has been removed because it was not compliant;

Or. en

Amendment 829 Marion Walsmann, Pablo Arias Echeverría, Andrey Kovatchev, Christian Doleschal, Maria da Graça Carvalho

Motion for a resolution Annex I – part VI – paragraph 2 – indent 6

Motion for a resolution Amendment

- oblige online marketplaces to - oblige online marketplaces to inform consumers of any safety issues and inform consumers of any safety issues and of any action required to ensure that recalls to enhance cooperation with national are carried out effectively; authorities and consumer associations on recalls and take any action required to ensure that recalls are carried out effectively;

Or. en

PE652.305v01-00 108/152 AM\1205187EN.docx EN Amendment 830 Alex Agius Saliba, Adriana Maldonado López, Maria-Manuel Leitão-Marques, Clara Aguilera, Brando Benifei, Andreas Schieder, Evelyne Gebhardt, Biljana Borzan

Motion for a resolution Annex I – part VI – paragraph 2 – indent 6

Motion for a resolution Amendment

- oblige online marketplaces to - oblige online marketplaces to inform consumers of any safety issues and inform consumers of any safety issues and of any action required to ensure that recalls of any action required to ensure that recalls are carried out effectively; are carried out effectively; be consistent with and complementary to a reform of the General Product Safety Directive;

Or. en

Amendment 831 Róża Thun und Hohenstein, Andrey Kovatchev, Tomislav Sokol

Motion for a resolution Annex I – part VI – paragraph 2 – indent 6

Motion for a resolution Amendment

- oblige online marketplaces to - once the product has been inform consumers of any safety issues and removed, oblige online marketplaces to of any action required to ensure that recalls inform consumers of any safety issues and are carried out effectively; of any action required to ensure that recalls are carried out effectively;

Or. en

Amendment 832 Adriana Maldonado López, Clara Aguilera, Marc Angel

Motion for a resolution Annex I – part VI – paragraph 2 – indent 6

Motion for a resolution Amendment

- oblige online marketplaces to - oblige online marketplaces to inform consumers of any safety issues and inform consumers promptly of any safety of any action required to ensure that recalls issues and of any action required to ensure

AM\1205187EN.docx 109/152 PE652.305v01-00 EN are carried out effectively; that recalls are carried out effectively;

Or. es

Amendment 833 Marcel Kolaja

Motion for a resolution Annex I – part VI – paragraph 2 – indent 7

Motion for a resolution Amendment

- address the liability for the online deleted marketplaces when platforms have predominant influence over suppliers and essential elements of the economic transactions such as payment means, prices, default terms conditions, or conduct aimed at facilitating the sale of goods to a consumer on the European market, and there is no manufacturer, importer, or distributor established in the Union that can be held liable;

Or. en

Amendment 834 Jean-Lin Lacapelle, Virginie Joron

Motion for a resolution Annex I – part VI – paragraph 2 – indent 7

Motion for a resolution Amendment

- address the liability for the online - address, in line with their liability, marketplaces when platforms have the liability for the online marketplaces predominant influence over suppliers and when platforms have predominant essential elements of the economic influence over suppliers and essential transactions such as payment means, elements of the economic transactions such prices, default terms conditions, or conduct as payment means, prices, default terms aimed at facilitating the sale of goods to a conditions, or conduct aimed at facilitating consumer on the European market, and the sale of goods to a consumer on the there is no manufacturer, importer, or European market, and there is no distributor established in the Union that manufacturer, importer, or distributor established in the Union that can be held

PE652.305v01-00 110/152 AM\1205187EN.docx EN can be held liable; liable;

Or. fr

Amendment 835 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Liesje Schreinemacher, Sandro Gozi, Stéphanie Yon-Courtin, Svenja Hahn

Motion for a resolution Annex I – part VI – paragraph 2 – indent 7 a (new)

Motion for a resolution Amendment

- explore the option that suppliers which are established in a third country have to designate a legal representative, established in the Union, who can be held accountable for the selling of products to European consumers which do not comply with Union rules of safety;

Or. en

Amendment 836 Marcel Kolaja

Motion for a resolution Annex I – part VI – paragraph 2 – indent 8

Motion for a resolution Amendment

- address the liability for online deleted marketplaces if the online marketplace has not informed the consumer that a third party is the actual supplier of the goods or services, thus making the marketplace contractually liable vis-à-vis the consumer; liability should also be considered in case the marketplace provides misleading information, guarantees, or statements;

Or. en

AM\1205187EN.docx 111/152 PE652.305v01-00 EN Amendment 837 Jean-Lin Lacapelle, Virginie Joron

Motion for a resolution Annex I – part VI – paragraph 2 – indent 8

Motion for a resolution Amendment

- address the liability for online - address, in line with their liability, marketplaces if the online marketplace has the liability for online marketplaces if the not informed the consumer that a third online marketplace has not informed the party is the actual supplier of the goods or consumer that a third party is the actual services, thus making the marketplace supplier of the goods or services, thus contractually liable vis-à-vis the consumer; making the marketplace contractually liability should also be considered in case liable vis-à-vis the consumer; liability the marketplace provides misleading should also be considered in case the information, guarantees, or statements; marketplace provides misleading information, guarantees, or statements;

Or. fr

Amendment 838 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Liesje Schreinemacher, Svenja Hahn

Motion for a resolution Annex I – part VI – paragraph 2 – indent 8

Motion for a resolution Amendment

- address the liability for online - address the liability for online marketplaces if the online marketplace has marketplaces if the online marketplace has not informed the consumer that a third not informed the consumer that a third party is the actual supplier of the goods or party is the actual supplier of the goods or services, thus making the marketplace services, thus making the marketplace contractually liable vis-à-vis the consumer; contractually liable vis-à-vis the consumer; liability should also be considered in case liability should also be considered in case the marketplace provides misleading the marketplace willingly provides information, guarantees, or statements; misleading information, guarantees, or statements;

Or. en

Amendment 839 Róża Thun und Hohenstein, Andrey Kovatchev, Tomislav Sokol

PE652.305v01-00 112/152 AM\1205187EN.docx EN Motion for a resolution Annex I – part VI – paragraph 2 – indent 8

Motion for a resolution Amendment

- address the liability for online - address the liability for online marketplaces if the online marketplace has marketplaces if the online marketplace has not informed the consumer that a third not informed the consumer that a third party is the actual supplier of the goods or party is the actual supplier of the goods or services, thus making the marketplace services, thus making the marketplace contractually liable vis-à-vis the consumer; contractually liable vis-à-vis the consumer; liability should also be considered in case liability should also be considered in case the marketplace provides misleading the marketplace provides misleading information, guarantees, or statements; information;

Or. en

Amendment 840 Evelyne Gebhardt, Monika Beňová, Andreas Schieder, Marc Angel, Adriana Maldonado López

Motion for a resolution Annex I – part VI – paragraph 2 – indent 8 a (new)

Motion for a resolution Amendment

- while online marketplaces must be liable for damages, contract performance and guarantees and while consumers must be able to exercise the same rights and remedies available against the supplier or producer, the online market place should have a right to redress towards the party at fault;

Or. en

Amendment 841 Adriana Maldonado López, Clara Aguilera, Marc Angel

Motion for a resolution Annex I – part VI – paragraph 2 – indent 8 a (new)

AM\1205187EN.docx 113/152 PE652.305v01-00 EN Motion for a resolution Amendment

- include obligations for online markets regarding the collection and verification of sellers' contact information prior to authorising the creation of an account.

Similarly, details of unsafe and illegal products should also be shared with the competent authorities;

Or. es

Amendment 842 Eugen Jurzyca

Motion for a resolution Annex I – part VI – paragraph 2 – indent 9

Motion for a resolution Amendment

- explore expanding the deleted commitment made by some e-commerce retailers and the Commission to remove dangerous products from sale more rapidly under the voluntary commitment scheme called “Product Safety Pledge” and indicate which of those commitments could become mandatory.

Or. en

Amendment 843 Brando Benifei, Maria Grapini, Andreas Schieder, Sylvie Guillaume, Adriana Maldonado López, Maria-Manuel Leitão-Marques, Clara Aguilera, Marc Angel

Motion for a resolution Annex I – part VI – paragraph 2 – indent 9

PE652.305v01-00 114/152 AM\1205187EN.docx EN Motion for a resolution Amendment

- explore expanding the commitment - explore expanding the commitment made by some e-commerce retailers and made by some e-commerce retailers and the Commission to remove dangerous the Commission to respectively remove products from sale more rapidly under the dangerous or counterfeit products from voluntary commitment scheme called sale more rapidly under the voluntary “Product Safety Pledge” and indicate commitment schemes called “Product which of those commitments could become Safety Pledge” and "Memorandum of mandatory. Understanding on the sale of counterfeit goods via the internet" and indicate which of those commitments could become mandatory.

Or. en

Amendment 844 Adam Bielan, Beata Mazurek, Eugen Jurzyca, Andżelika Anna Możdżanowska

Motion for a resolution Annex I – part VI – paragraph 2 – indent 9

Motion for a resolution Amendment

- explore expanding the commitment - explore positive incentives that made by some e-commerce retailers and could encourage further companies to the Commission to remove dangerous join the voluntary commitment scheme products from sale more rapidly under the called “Product Safety Pledge”. voluntary commitment scheme called “Product Safety Pledge” and indicate which of those commitments could become mandatory.

Or. en

Amendment 845 Alexandra Geese on behalf of the Greens/EFA Group Petra De Sutter, Marcel Kolaja

Motion for a resolution Annex I – part VI – paragraph 2 – indent 9 a (new)

AM\1205187EN.docx 115/152 PE652.305v01-00 EN Motion for a resolution Amendment

- ensure that online market places provide clear and easily understandable information to consumers on the impact of e-commerce on the environment; more particularly, online market places should be obliged to provide information on the use of sustainable and efficient product delivery methods, of environmentally sound packaging, as well as on the carbon footprint and other environmental impacts of returning unwanted items, involving double transportation or requiring disposal rather than resale.

Or. en

Amendment 846 Andreas Schieder, Maria Grapini

Motion for a resolution Annex I – part VI – paragraph 2 – indent 9 a (new)

Motion for a resolution Amendment

- oblige platform providers to clarify the identity of commercial third-party providers based on the commercial register, to take out insurance to compensate consumers if dubious third- party providers are not available on the platform or otherwise escape their responsibility, to prevent reported illegal offers from appearing again and to promptly check the fraud cases reported by consumers.

Or. en

Amendment 847 Petra Kammerevert

PE652.305v01-00 116/152 AM\1205187EN.docx EN Motion for a resolution Annex I – part VII – title

Motion for a resolution Amendment

VII. EX-ANTE REGULATION OF VII. EX-ANTE REGULATION OF SYSTEMIC PLATFORMS DOMINANT PLATFORMS

Or. de

Amendment 848 Eugen Jurzyca

Motion for a resolution Annex I – part VII – paragraph 1

Motion for a resolution Amendment

The Digital Services Act should put The Digital Services Act should put forward a proposal to ensure that the forward a proposal to ensure that the systemic role of specific online platforms systemic role of specific online platforms will not endanger the internal market by will not endanger the internal market by unfairly excluding innovative new entrants, unfairly excluding innovative new entrants, including SMEs. including SMEs while respecting the competition policy legislation and principles. The new framework should respect the fact that it is the abuse of dominant position which should be cautiously addressed not the dominant position itself.

Or. en

Amendment 849 Pablo Arias Echeverría, Pilar del Castillo Vera, Marion Walsmann, Andrey Kovatchev, Edina Tóth, Maria da Graça Carvalho, Romana Tomc, Andreas Schwab

Motion for a resolution Annex I – part VII – paragraph 1

Motion for a resolution Amendment

The Digital Services Act should put The Digital Services Act should put forward a proposal to ensure that the forward a proposal to ensure that the systemic role of specific online platforms systemic role of specific online platforms

AM\1205187EN.docx 117/152 PE652.305v01-00 EN will not endanger the internal market by will not endanger the internal market by unfairly excluding innovative new entrants, unfairly excluding innovative new entrants, including SMEs. including SMEs, entrepreneurs and start- ups, creating market failures;

Or. en

Amendment 850 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Annex I – part VII – paragraph 1

Motion for a resolution Amendment

The Digital Services Act should put The Digital Services Act should put forward a proposal to ensure that the forward a proposal to ensure that the systemic role of specific online platforms systemic role of certain online platforms will not endanger the internal market by will not endanger the internal market by unfairly excluding innovative new entrants, unfairly excluding innovative new entrants, including SMEs. including SMEs, and to provide for real consumer choice.

Or. en

Amendment 851 Petra Kammerevert

Motion for a resolution Annex I – part VII – paragraph 1

Motion for a resolution Amendment

The Digital Services Act should put The Digital Services Act should put forward a proposal to ensure that the forward a proposal to ensure that the systemic role of specific online platforms dominant role of specific online platforms will not endanger the internal market by will not endanger the internal market by unfairly excluding innovative new entrants, unfairly excluding innovative new entrants, including SMEs. including SMEs.

Or. de

PE652.305v01-00 118/152 AM\1205187EN.docx EN Amendment 852 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Sandro Gozi, Stéphanie Yon-Courtin

Motion for a resolution Annex I – part VII – paragraph 1 a (new)

Motion for a resolution Amendment

The Digital Services Act should do so in a separate instrument than the revision of the E-Commerce Directive.

Or. en

Amendment 853 Eugen Jurzyca

Motion for a resolution Annex I – part VII – paragraph 2 – indent 1

Motion for a resolution Amendment

- set up an ex-ante mechanism to - set up an ex-ante mechanism to prevent (instead of merely remedy) unfair prevent (instead of merely remedy) unfair market behaviour by “systemic platforms” market behaviour by “systemic platforms” in the digital world, building on the in the digital world; Platform to Business Regulation; such mechanism should allow regulatory authorities to impose remedies on these companies in order to address market failures, without the establishment of a breach of regulatory rules;

Or. en

Amendment 854 Arba Kokalari

Motion for a resolution Annex I – part VII – paragraph 2 – indent 1

Motion for a resolution Amendment

- set up an ex-ante mechanism to - set up an ex-ante mechanism to

AM\1205187EN.docx 119/152 PE652.305v01-00 EN prevent (instead of merely remedy) unfair prevent (instead of merely remedy) unfair market behaviour by “systemic platforms” market behaviour by “systemic platforms” in the digital world, building on the in the digital world, building on the Platform to Business Regulation; such Platform to Business Regulation; mechanism should allow regulatory authorities to impose remedies on these companies in order to address market failures, without the establishment of a breach of regulatory rules;

Or. sv

Amendment 855 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Svenja Hahn

Motion for a resolution Annex I – part VII – paragraph 2 – indent 1

Motion for a resolution Amendment

- set up an ex-ante mechanism to - set up an ex-ante mechanism that prevent (instead of merely remedy) unfair lays down conditions, which if met, would market behaviour by “systemic platforms” require additional transparency measures in the digital world, building on the and requirements, in addition to those in Platform to Business Regulation; such the Platform to Business Regulation; mechanism should allow regulatory authorities to impose remedies on these companies in order to address market failures, without the establishment of a breach of regulatory rules;

Or. en

Amendment 856 Pablo Arias Echeverría, Pilar del Castillo Vera, Romana Tomc, Maria da Graça Carvalho, Edina Tóth, Andrey Kovatchev, Tomislav Sokol, Andreas Schwab

Motion for a resolution Annex I – part VII – paragraph 2 – indent 1

Motion for a resolution Amendment

- set up an ex-ante mechanism to - set up an asymmetric ex-ante prevent (instead of merely remedy) unfair mechanism to prevent (instead of merely

PE652.305v01-00 120/152 AM\1205187EN.docx EN market behaviour by “systemic platforms” remedy) unfair market behaviour by in the digital world, building on the "systemic platforms" in the digital world, Platform to Business Regulation; such building on the Platform to Business mechanism should allow regulatory Regulation; such mechanism should allow authorities to impose remedies on these regulatory authorities to impose remedies companies in order to address market on these companies with a significant failures, without the establishment of a market position in order to address market breach of regulatory rules; failures, without the establishment of a breach of regulatory rules;

Or. en

Amendment 857 Róża Thun und Hohenstein, Andrey Kovatchev, Maria da Graça Carvalho, Tomislav Sokol

Motion for a resolution Annex I – part VII – paragraph 2 – indent 1

Motion for a resolution Amendment

- set up an ex-ante mechanism to - set up an ex-ante mechanism to prevent (instead of merely remedy) unfair prevent (instead of merely remedy) unfair market behaviour by “systemic platforms” market behaviour by “systemic platforms” in the digital world, building on the in the digital world, building on the Platform to Business Regulation; such Platform to Business Regulation; such mechanism should allow regulatory mechanism should allow regulatory authorities to impose remedies on these authorities to impose sanctions on these companies in order to address market companies in order to address market failures, without the establishment of a failures; breach of regulatory rules;

Or. en

Amendment 858 Adam Bielan, Beata Mazurek, Eugen Jurzyca, Andżelika Anna Możdżanowska

Motion for a resolution Annex I – part VII – paragraph 2 – indent 1

Motion for a resolution Amendment

- set up an ex-ante mechanism to - set up an ex-ante mechanism to prevent (instead of merely remedy) unfair prevent (instead of merely remedy) market market behaviour by “systemic platforms” failures caused by the behaviour of

AM\1205187EN.docx 121/152 PE652.305v01-00 EN in the digital world, building on the “systemic platforms” in the digital world, Platform to Business Regulation; such building on the Platform to Business mechanism should allow regulatory Regulation; such mechanism should allow authorities to impose remedies on these regulatory authorities to impose remedies companies in order to address market on these companies in order to address failures, without the establishment of a market failures, without the establishment breach of regulatory rules; of a breach of regulatory rules;

Or. en

Amendment 859 Petra Kammerevert

Motion for a resolution Annex I – part VII – paragraph 2 – indent 1

Motion for a resolution Amendment

- set up an ex-ante mechanism to - set up an ex-ante mechanism to prevent (instead of merely remedy) unfair prevent (instead of merely remedy) unfair market behaviour by “systemic platforms” market behaviour by “dominant in the digital world, building on the platforms” in the digital world, building on Platform to Business Regulation; such the Platform to Business Regulation; such mechanism should allow regulatory mechanism should allow regulatory authorities to impose remedies on these authorities to impose remedies on these companies in order to address market companies in order to address market failures, without the establishment of a failures, without the establishment of a breach of regulatory rules; breach of regulatory rules;

Or. de

Amendment 860 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Annex I – part VII – paragraph 2 – indent 1

Motion for a resolution Amendment

- set up an ex-ante mechanism to - set up an ex-ante mechanism to prevent (instead of merely remedy) unfair prevent (instead of merely remedy) unfair market behaviour by “systemic platforms” market behaviour by “systemic platforms” in the digital world, building on the in the digital world, building on the

PE652.305v01-00 122/152 AM\1205187EN.docx EN Platform to Business Regulation; such Platform to Business Regulation; such mechanism should allow regulatory mechanism should allow regulatory authorities to impose remedies on these authorities to impose remedies on these companies in order to address market companies in order to address market failures, without the establishment of a failures, without the establishment of a breach of regulatory rules; breach of competition rules;

Or. en

Amendment 861 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Liesje Schreinemacher

Motion for a resolution Annex I – part VII – paragraph 2 – indent 2

Motion for a resolution Amendment

- empower regulatory authorities to - such a mechanism should allow issue orders prohibiting undertakings, the national regulatory authority of the which have been identified as “systemic country of origin to impose remedies on platforms”, from the following practices, these companies in order to address inter alia: discrimination in intermediary market failures, based on the conditions services; making the use of data for making within the legal instrument and a closed market entry by third parties more difficult; list of positive and negative actions. This and engaging in practices aimed at report should not prejudge of this list and locking-in consumers; undertakings the impact assessment should make a should be given the possibility to thorough analysis of the different issues demonstrate that the behaviour in observed on the market so far such as: question is justified, yet they should bear the burden of proof for this; - discrimination in intermediary services; - making the use of data for making market entry by third parties more difficult; - lack of interoperability and appropriate tools, data, expertise, and resources deployed to allow consumers switch between digital platforms or internet ecosystems - obligations on content management and moderation, such as content recommendations and personalisation of a user interface.

Or. en

AM\1205187EN.docx 123/152 PE652.305v01-00 EN Amendment 862 Pablo Arias Echeverría, Pilar del Castillo Vera, Pascal Arimont, Andrey Kovatchev, Tomislav Sokol, Romana Tomc, Andreas Schwab

Motion for a resolution Annex I – part VII – paragraph 2 – indent 2

Motion for a resolution Amendment

- empower regulatory authorities to - empower regulatory authorities to issue orders prohibiting undertakings, issue orders prohibiting undertakings, which have been identified as “systemic which have been identified as "systemic platforms”, from the following practices, platforms", from the following practices, inter alia: discrimination in intermediary inter alia: discrimination in intermediary services; making the use of data for making services; making the use of data for making market entry by third parties more difficult; market entry by third parties more difficult; and engaging in practices aimed at locking- data envelopment used to expand in consumers; undertakings should be dominant position in adjacent markets, given the possibility to demonstrate that incurring in self-preferencing of their the behaviour in question is justified, yet own products and services and engaging in they should bear the burden of proof for practices aimed at locking-in consumers; this; undertakings should be given the possibility to demonstrate that the behaviour in question is justified, yet they should bear the burden of proof for this;

Or. en

Amendment 863 Adam Bielan, Beata Mazurek, Eugen Jurzyca, Andżelika Anna Możdżanowska

Motion for a resolution Annex I – part VII – paragraph 2 – indent 2

Motion for a resolution Amendment

- empower regulatory authorities to - empower regulatory authorities to issue orders prohibiting undertakings, issue orders prohibiting undertakings, which have been identified as “systemic which have been identified as “systemic platforms”, from the following practices, platforms”, from the following practices, inter alia: discrimination in intermediary inter alia: discrimination in intermediary services; making the use of data for making services; making the use of data for making market entry by third parties more difficult; market entry by third parties more difficult; and engaging in practices aimed at locking- and engaging in practices aimed at locking- in consumers; undertakings should be in consumers; in response to detailed

PE652.305v01-00 124/152 AM\1205187EN.docx EN given the possibility to demonstrate that findings by a regulatory authority, the behaviour in question is justified, yet undertakings should be given the they should bear the burden of proof for possibility to demonstrate that the this; behaviour in question is justified prior to any order entering into force;

Or. en

Amendment 864 Petra Kammerevert

Motion for a resolution Annex I – part VII – paragraph 2 – indent 2

Motion for a resolution Amendment

- empower regulatory authorities to - empower regulatory authorities to issue orders prohibiting undertakings, issue orders prohibiting undertakings, which have been identified as “systemic which have been identified as “dominant platforms”, from the following practices, platforms”, from the following practices, inter alia: discrimination in intermediary inter alia: discrimination in intermediary services; making the use of data for making services; making the use of data for making market entry by third parties more difficult; market entry by third parties more difficult; and engaging in practices aimed at locking- and engaging in practices aimed at locking- in consumers; undertakings should be in consumers; undertakings should be given the possibility to demonstrate that given the possibility to demonstrate that the behaviour in question is justified, yet the behaviour in question is justified, yet they should bear the burden of proof for they should bear the burden of proof for this; this;

Or. de

Amendment 865 Eugen Jurzyca, Adam Bielan, Beata Mazurek

Motion for a resolution Annex I – part VII – paragraph 2 – indent 2

Motion for a resolution Amendment

- empower regulatory authorities to - empower authorities to issue orders issue orders prohibiting undertakings, prohibiting undertakings, which have been which have been identified as “systemic identified as “systemic platforms”, from platforms”, from the following practices, the following practices, inter alia: inter alia: discrimination in intermediary discrimination in intermediary services;

AM\1205187EN.docx 125/152 PE652.305v01-00 EN services; making the use of data for making making the use of data for making market market entry by third parties more difficult; entry by third parties more difficult; and and engaging in practices aimed at locking- engaging in practices aimed at locking-in in consumers; undertakings should be consumers yet authorities should bear the given the possibility to demonstrate that burden of proof for this; undertakings the behaviour in question is justified, yet should be given the possibility to they should bear the burden of proof for demonstrate that the behaviour in question this; is justified;

Or. en

Amendment 866 Pablo Arias Echeverría, Tomislav Sokol, Andrey Kovatchev, Maria da Graça Carvalho, Pascal Arimont, Romana Tomc, Andreas Schwab

Motion for a resolution Annex I – part VII – paragraph 2 – indent 2 a (new)

Motion for a resolution Amendment

- explore other ex-ante remedies that prevent the creation of new systemic platforms. In addition to reactive ex-ante mechanism, the Digital Services Act should envisage preventive mechanisms that prevent the creation of digital gatekeepers;

Or. en

Amendment 867 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Liesje Schreinemacher, Sandro Gozi, Stéphanie Yon-Courtin

Motion for a resolution Annex I – part VII – paragraph 2 – indent 2 a (new)

Motion for a resolution Amendment

- empower the Commission to impose further conditions and decisions in relation to the rules of competition, including on self-preferencing and overall vertical integration, while ensuring that both policy tools are completely

PE652.305v01-00 126/152 AM\1205187EN.docx EN independent;

Or. en

Amendment 868 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Karen Melchior, Liesje Schreinemacher, Sandro Gozi, Stéphanie Yon-Courtin

Motion for a resolution Annex I – part VII – paragraph 2 – indent 2 b (new)

Motion for a resolution Amendment

- reserve to the Commission the power to decide if an information society service provider is a “systemic platform” based on the conditions of the mechanism;

Or. en

Amendment 869 Eugen Jurzyca, Adam Bielan, Beata Mazurek

Motion for a resolution Annex I – part VII – paragraph 2 – indent 3

Motion for a resolution Amendment

- clarify that some regulatory deleted remedies should be imposed on all ”systemic platforms” without the need for a decision by a regulatory authority, such as prohibition for “systemic platforms” to engage in self-preferencing or in any practices aimed at making it more difficult for consumers to switch suppliers, or other forms of discrimination that exclude or disadvantage other businesses;

Or. en

AM\1205187EN.docx 127/152 PE652.305v01-00 EN Amendment 870 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Liesje Schreinemacher

Motion for a resolution Annex I – part VII – paragraph 2 – indent 3

Motion for a resolution Amendment

- clarify that some regulatory deleted remedies should be imposed on all ”systemic platforms” without the need for a decision by a regulatory authority, such as prohibition for “systemic platforms” to engage in self-preferencing or in any practices aimed at making it more difficult for consumers to switch suppliers, or other forms of discrimination that exclude or disadvantage other businesses;

Or. en

Amendment 871 Alex Agius Saliba, Adriana Maldonado López, Maria-Manuel Leitão-Marques, Clara Aguilera, Brando Benifei, Maria Grapini, Andreas Schieder, Evelyne Gebhardt, Biljana Borzan

Motion for a resolution Annex I – part VII – paragraph 2 – indent 3

Motion for a resolution Amendment

- clarify that some regulatory - clarify that some regulatory remedies should be imposed on all remedies should be imposed on all ”systemic platforms” without the need for ”systemic platforms” without the need for a decision by a regulatory authority, such a decision by a regulatory authority, such as prohibition for “systemic platforms” to as transparency in the way the dominant engage in self-preferencing or in any platforms conduct business: in particular practices aimed at making it more difficult how they collect or use data, prohibition for consumers to switch suppliers, or other for “systemic platforms” to engage in self- forms of discrimination that exclude or preferencing or in any practices aimed at disadvantage other businesses; making it more difficult for consumers to switch suppliers, or other forms of discrimination that exclude or disadvantage other businesses, prohibition on

PE652.305v01-00 128/152 AM\1205187EN.docx EN asymmetric business terms;

Or. en

Amendment 872 Petra Kammerevert

Motion for a resolution Annex I – part VII – paragraph 2 – indent 3

Motion for a resolution Amendment

- clarify that some regulatory - clarify that some regulatory remedies should be imposed on all remedies should be imposed on all “systemic platforms” without the need for a “dominant platforms” without the need for decision by a regulatory authority, such as a decision by a regulatory authority, such prohibition for “systemic platforms” to as prohibition for “dominant platforms” to engage in self-preferencing or in any engage in self-referencing or in any practices aimed at making it more difficult practices aimed at making it more difficult for consumers to switch suppliers, or other for consumers to switch suppliers, or other forms of discrimination that exclude or forms of discrimination that exclude or disadvantage other businesses; disadvantage other businesses;

Or. de

Amendment 873 Pablo Arias Echeverría, Róża Thun und Hohenstein, Tomislav Sokol, Andrey Kovatchev, Romana Tomc, Andreas Schwab

Motion for a resolution Annex I – part VII – paragraph 2 – indent 3

Motion for a resolution Amendment

- clarify that some regulatory - clarify that some regulatory remedies should be imposed on all measures should be addressed to all ”systemic platforms” without the need for "systemic platforms" without the need for a a decision by a regulatory authority, such decision by a regulatory authority, such as as prohibition for “systemic platforms” to prohibition for "systemic platforms" to engage in self-preferencing or in any engage in self- preferencing or in any practices aimed at making it more difficult practices aimed at making it more difficult for consumers to switch suppliers, or other for consumers to switch suppliers, or other forms of discrimination that exclude or forms of discrimination that exclude or disadvantage other businesses; disadvantage other businesses;

AM\1205187EN.docx 129/152 PE652.305v01-00 EN Or. en

Amendment 874 Eugen Jurzyca, Adam Bielan, Beata Mazurek

Motion for a resolution Annex I – part VII – paragraph 2 – indent 4

Motion for a resolution Amendment

- empower regulatory authorities to - empower regulatory authorities to adopt interim measures and to impose fines adopt interim measures, and to impose on “systemic platforms” that fail to respect behavioural remedies in the first instance the different regulatory obligations and if these are not satisfied within the imposed on them; time limit settled by authorities, subsequently proportionate fines on “systemic platforms” that fail to respect the different regulatory obligations imposed on them;

Or. en

Amendment 875 Pablo Arias Echeverría, Pilar del Castillo Vera, Tomislav Sokol, Andrey Kovatchev, Romana Tomc, Edina Tóth, Andreas Schwab

Motion for a resolution Annex I – part VII – paragraph 2 – indent 4

Motion for a resolution Amendment

- empower regulatory authorities to - empower regulatory authorities to adopt interim measures and to impose fines adopt interim measures and to impose on “systemic platforms” that fail to respect penalties on "systemic platforms" that fail the different regulatory obligations to respect the different regulatory imposed on them; obligations imposed on them;

Or. en

Amendment 876 Petra Kammerevert

PE652.305v01-00 130/152 AM\1205187EN.docx EN Motion for a resolution Annex I – part VII – paragraph 2 – indent 4

Motion for a resolution Amendment

- empower regulatory authorities to - empower regulatory authorities to adopt interim measures and to impose fines adopt interim measures and to impose fines on “systemic platforms” that fail to respect on “dominant platforms” that fail to the different regulatory obligations respect the different regulatory obligations imposed on them; imposed on them;

Or. de

Amendment 877 Martin Schirdewan, Emmanuel Maurel, Stelios Kouloglou

Motion for a resolution Annex I – part VII – paragraph 2 – indent 5

Motion for a resolution Amendment

- ensure that the rights, obligations - ensure that the rights, obligations and principles of the GDPR – including and principles of the GDPR – including data minimisation, purpose limitation, data data minimisation, purpose limitation, data protection by design and by default, legal protection by design and by default, legal grounds for processing – must be observed; grounds for processing – must be observed and that shortcomings in view of profile building must be addressed in order to ensure adequate protection of consumers;

Or. en

Amendment 878 Pablo Arias Echeverría, Róża Thun und Hohenstein, Tomislav Sokol, Andrey Kovatchev, Maria da Graça Carvalho, Romana Tomc, Andreas Schwab

Motion for a resolution Annex I – part VII – paragraph 2 – indent 5 a (new)

Motion for a resolution Amendment

- ensure that users of "systemic platforms" will be able to effectively control results of algorithms suggesting them specific content; users should be

AM\1205187EN.docx 131/152 PE652.305v01-00 EN properly informed of all the reasons why specific content is suggested to them;

Or. en

Amendment 879 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Liesje Schreinemacher

Motion for a resolution Annex I – part VII – paragraph 2 – indent 6

Motion for a resolution Amendment

- impose high levels of deleted interoperability measures requiring “systemic platforms” to share appropriate tools, data, expertise, and resources deployed in order to limit the risks of users and consumers’ lock-in and the artificially binding users to one systemic platform with no possibility or incentives for switching between digital platforms or internet ecosystems. As part of those measures, the Commission should explore different technologies and open standards and protocols, including the possibility of a mechanical interface (Application Programming Interface) that allows users of competing platforms to dock on to the systemic platform and exchange information with it.

Or. en

Amendment 880 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Annex I – part VII – paragraph 2 – indent 6

PE652.305v01-00 132/152 AM\1205187EN.docx EN Motion for a resolution Amendment

- impose high levels of - impose high levels of interoperability measures requiring interoperability measures requiring “systemic platforms” to share appropriate “systemic platforms” to share appropriate tools, data, expertise, and resources tools, data, expertise, and resources deployed in order to limit the risks of users deployed in order to limit the risks of users and consumers’ lock-in and the artificially and consumers’ lock-in and the artificially binding users to one systemic platform binding users to one systemic platform with no possibility or incentives for with no possibility or incentives for switching between digital platforms or switching between digital platforms or internet ecosystems. As part of those internet ecosystems. As part of those measures, the Commission should explore measures, the Commission should explore different technologies and open standards different technologies and open standards and protocols, including the possibility of a and protocols, including the possibility of a mechanical interface (Application mechanical interface (Application Programming Interface) that allows users Programming Interface) to be provided by of competing platforms to dock on to the systemic platforms, especially social systemic platform and exchange media and messaging services, that allows information with it. users of competing platforms to dock on to the systemic platform and exchange information with it. Systemic platforms may not share, retain, monetize, or use any of the data that is received from third- parties during interoperability activities. Interoperability obligations should not limit, hinder or delay the ability of intermediaries to patch vulnerabilities.

Or. en

Amendment 881 Eugen Jurzyca, Adam Bielan, Beata Mazurek

Motion for a resolution Annex I – part VII – paragraph 2 – indent 6

Motion for a resolution Amendment

- impose high levels of - impose appropriate levels of interoperability measures requiring interoperability measures requiring “systemic platforms” to share appropriate “systemic platforms” to share appropriate tools, data, expertise, and resources tools, data, expertise, and resources deployed in order to limit the risks of users deployed in order to limit the risks of users and consumers’ lock-in and the artificially and consumers’ lock-in and the artificially binding users to one systemic platform binding users to one systemic platform

AM\1205187EN.docx 133/152 PE652.305v01-00 EN with no possibility or incentives for with no possibility or incentives for switching between digital platforms or switching between digital platforms or internet ecosystems. As part of those internet ecosystems, taking into account measures, the Commission should explore the trade-off between interoperability and different technologies and open standards the potential risks of data sharing for and protocols, including the possibility of a consumers. As part of those measures, the mechanical interface (Application Commission should explore different Programming Interface) that allows users technologies and open standards and of competing platforms to dock on to the protocols, including the possibility of a systemic platform and exchange mechanical interface (Application information with it. Programming Interface) that allows users of competing platforms to dock on to the systemic platform and exchange information with it. Related detailed estimations of the financial burden on the EU or national budgets must be included in the impact assessment of the Digital Services Act package.

Or. en

Amendment 882 Jean-Lin Lacapelle, Virginie Joron

Motion for a resolution Annex I – part VII – paragraph 2 – indent 6

Motion for a resolution Amendment

- impose high levels of - impose high levels of technical interoperability measures requiring interoperability measures requiring “systemic platforms” to share appropriate “systemic platforms” to make their tools, data, expertise, and resources services, mechanisms and interfaces deployed in order to limit the risks of users compatible with alternatives in order to and consumers’ lock-in and the artificially limit the risks of users and consumers’ binding users to one systemic platform lock-in and the artificially binding users to with no possibility or incentives for one systemic platform with no possibility switching between digital platforms or or incentives for switching between digital internet ecosystems. As part of those platforms or internet ecosystems. require measures, the Commission should explore them also, in order to avoid these same different technologies and open standards risks, to share appropriate tools, data, and protocols, including the possibility of expertise, and resources deployed; have a mechanical interface (Application the Commission study, as part of these Programming Interface) that allows users measures, several technologies, standards of competing platforms to dock on to the and open protocols allowing users of systemic platform and exchange competing platforms to exchange information with the systemic platform,

PE652.305v01-00 134/152 AM\1205187EN.docx EN information with it. while preserving, for the latter, for two years after their effective use, the benefit of its skills, developments and innovations;

Or. fr

Amendment 883 Pablo Arias Echeverría, Romana Tomc, Maria da Graça Carvalho, Andrey Kovatchev, Tomislav Sokol, Róża Thun und Hohenstein, Andreas Schwab

Motion for a resolution Annex I – part VII – paragraph 2 – indent 6

Motion for a resolution Amendment

- impose high levels of - ensure high levels of interoperability measures requiring interoperability measures requiring “systemic platforms” to share appropriate "systemic platforms" to share appropriate tools, data, expertise, and resources tools, non-rivalrous data, data, expertise, deployed in order to limit the risks of users and resources deployed in order to limit the and consumers’ lock-in and the artificially risks of users and consumers’ lock-in and binding users to one systemic platform the artificially binding users to one with no possibility or incentives for systemic platform with no possibility or switching between digital platforms or incentives for switching between digital internet ecosystems. As part of those platforms or internet ecosystems and to measures, the Commission should explore empower users in deciding what kind of different technologies and open standards content they want to see. As part of those and protocols, including the possibility of a measures, the Commission should explore mechanical interface (Application different technologies and open standards Programming Interface) that allows users and protocols, including the possibility of a of competing platforms to dock on to the mechanical interface (Application systemic platform and exchange Programming Interface) that allows users information with it. to dock on to the systemic platform and exchange information with it.

Or. en

Amendment 884 Adam Bielan, Beata Mazurek, Andżelika Anna Możdżanowska

Motion for a resolution Annex I – part VII – paragraph 2 – indent 6

AM\1205187EN.docx 135/152 PE652.305v01-00 EN Motion for a resolution Amendment

- impose high levels of - impose high levels of interoperability measures requiring interoperability measures requiring “systemic platforms” to share appropriate “systemic platforms” operating in the tools, data, expertise, and resources same markets to share appropriate tools, deployed in order to limit the risks of users data, expertise, and resources deployed in and consumers’ lock-in and the artificially order to limit the risks of users and binding users to one systemic platform consumers’ lock-in and the artificially with no possibility or incentives for binding users to one systemic platform switching between digital platforms or with no possibility or incentives for internet ecosystems. As part of those switching between digital platforms measures, the Commission should explore operating in the same markets or internet different technologies and open standards ecosystems. As part of those measures, the and protocols, including the possibility of a Commission should explore different mechanical interface (Application technologies and open standards and Programming Interface) that allows users protocols, including the possibility of a of competing platforms to dock on to the mechanical interface (Application systemic platform and exchange Programming Interface) that allows users information with it. of competing platforms to dock on to the systemic platform and exchange information with it.

Or. en

Amendment 885 Marcel Kolaja

Motion for a resolution Annex I – part VII – paragraph 2 – indent 6

Motion for a resolution Amendment

- impose high levels of - impose high levels of interoperability measures requiring interoperability and interconnectivity “systemic platforms” to share appropriate measures requiring “systemic platforms” to tools, data, expertise, and resources share appropriate tools, data, expertise, and deployed in order to limit the risks of users resources deployed in order to limit the and consumers’ lock-in and the artificially risks of users and consumers’ lock-in and binding users to one systemic platform the artificially binding users to one with no possibility or incentives for systemic platform with no possibility or switching between digital platforms or incentives for switching between digital internet ecosystems. As part of those platforms or internet ecosystems. As part measures, the Commission should explore of those measures, the Commission should different technologies and open standards explore different technologies and open and protocols, including the possibility of a standards and protocols, including the

PE652.305v01-00 136/152 AM\1205187EN.docx EN mechanical interface (Application possibility of a mechanical interface Programming Interface) that allows users (Application Programming Interface) that of competing platforms to dock on to the allows users of competing platforms to systemic platform and exchange dock on to the systemic platform and information with it. exchange information with it.

Or. en

Amendment 886 Petra Kammerevert

Motion for a resolution Annex I – part VII – paragraph 2 – indent 6

Motion for a resolution Amendment

- impose high levels of - impose high levels of interoperability measures requiring interoperability measures requiring “systemic platforms” to share appropriate “dominant platforms” to share appropriate tools, data, expertise, and resources tools, data, expertise, and resources deployed in order to limit the risks of users deployed in order to limit the risks of users and consumers’ lock-in and the artificially and consumers’ lock-in and the artificially binding users to one systemic platform binding users to one dominant platform with no possibility or incentives for with no possibility or incentives for switching between digital platforms or switching between digital platforms or internet ecosystems. As part of those internet ecosystems. As part of those measures, the Commission should explore measures, the Commission should explore different technologies and open standards different technologies and open standards and protocols, including the possibility of a and protocols, including the possibility of a mechanical interface (Application mechanical interface (Application Programming Interface) that allows users Programming Interface) that allows users of competing platforms to dock on to the of competing platforms to dock on to the systemic platform and exchange dominant platform and exchange information with it. information with it.

Or. de

Amendment 887 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Annex I – part VII – paragraph 2 – indent 6 a (new)

AM\1205187EN.docx 137/152 PE652.305v01-00 EN Motion for a resolution Amendment

- put in place transparency obligations for recommendation systems of systemic providers including public documentation of rules and criteria for the functioning of recommendation algorithms, of recommendation outputs and their audiences, of content-specific ranking decisions and other interventions by the platform as well as of the organisational structures that control such systems, as well as real-time, high- level, anonymised data access through public APIs to verify the information provided in the public documentation.

Or. en

Amendment 888 Andreas Schieder, Sylvie Guillaume, Adriana Maldonado López, Clara Aguilera, Maria Grapini

Motion for a resolution Annex I – part VII – paragraph 2 – indent 6 a (new)

Motion for a resolution Amendment

- ensure safety, transparency, freedom of choice and diversity for consumers.

Or. en

Amendment 889 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Annex I – part VII – paragraph 2 – indent 6 b (new)

PE652.305v01-00 138/152 AM\1205187EN.docx EN Motion for a resolution Amendment

- create an unbundling remedy for hosting and content moderation activities thereby allowing third parties to offer content moderation or curation services to the platforms’ users. It should be designed as to address the contractual layer and the technical layer.

Or. en

Amendment 890 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Annex I – part VII – paragraph 2 – indent 6 c (new)

Motion for a resolution Amendment

- entrust the European Commission Directorate General for Competition with additional powers under Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 101 and 102 of the Treaty to send, following a market investigation, recommendations to market players as a means to intervene before markets tip in favour of the incumbent platform and therefore prevent serious damage to competition and consumers.

Or. en

Amendment 891 Dita Charanzová, Ivars Ijabs, Vlad-Marius Botoş, Andrus Ansip, Liesje Schreinemacher, Sandro Gozi, Stéphanie Yon-Courtin

Motion for a resolution Annex I – part VIII – paragraph 1

AM\1205187EN.docx 139/152 PE652.305v01-00 EN Motion for a resolution Amendment

The Digital Services Act should strengthen The Digital Services Act should strengthen the internal market clause as the the internal market clause as the cornerstone of the Digital Single Market by cornerstone of the Digital Single Market by complementing it with a new cooperation complementing it with a new cooperation mechanism aimed at improving the mechanism aimed at improving the cooperation and mutual assistance between cooperation and upon request and Member States, in particular between the voluntary mutual assistance between home country where the service provider is Member States, in particular between the established and the host country where the home country where the service provider is provider is offering its services. established and the host country where the provider is offering its services.

Or. en

Amendment 892 Pablo Arias Echeverría, Pilar del Castillo Vera, Pascal Arimont, Andrey Kovatchev, Tomislav Sokol, Romana Tomc, Anna-Michelle Asimakopoulou, Andreas Schwab

Motion for a resolution Annex I – part VIII – paragraph 1 a (new)

Motion for a resolution Amendment

However, additional efforts with clear actions are necessary in order to address remaining obstacles in the digital single market and protectionist practices, such as: 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.

Or. en

Amendment 893 Marco Campomenosi, Antonio Maria Rinaldi, Isabella Tovaglieri, Markus Buchheit, Jean-Lin Lacapelle

PE652.305v01-00 140/152 AM\1205187EN.docx EN on behalf of the ID Group Alessandra Basso

Motion for a resolution Annex I – part VIII – paragraph 2

Motion for a resolution Amendment

The supervision and enforcement the deleted Digital Services Act should be improved by the creation of central regulatory authority who should be responsible for overseeing compliance with the DSA and improve external monitoring, verification of platform activities, and better enforcement.

Or. en

Amendment 894 Eugen Jurzyca

Motion for a resolution Annex I – part VIII – paragraph 2

Motion for a resolution Amendment

The supervision and enforcement the deleted Digital Services Act should be improved by the creation of central regulatory authority who should be responsible for overseeing compliance with the DSA and improve external monitoring, verification of platform activities, and better enforcement.

Or. en

Amendment 895 Sandro Gozi, Stéphanie Yon-Courtin

Motion for a resolution Annex I – part VIII – paragraph 2

AM\1205187EN.docx 141/152 PE652.305v01-00 EN Motion for a resolution Amendment

The supervision and enforcement the deleted Digital Services Act should be improved by the creation of central regulatory authority who should be responsible for overseeing compliance with the DSA and improve external monitoring, verification of platform activities, and better enforcement.

Or. en

Amendment 896 Dita Charanzová, Ivars Ijabs, Andrus Ansip, Liesje Schreinemacher, Sandro Gozi, Stéphanie Yon-Courtin

Motion for a resolution Annex I – part VIII – paragraph 2

Motion for a resolution Amendment

The supervision and enforcement the The supervision and enforcement the Digital Services Act should be improved Digital Services Act should be improved by the creation of central regulatory by giving additional powers to the authority who should be responsible for national regulator of the country of origin overseeing compliance with the DSA and for overseeing compliance with the DSA improve external monitoring, verification and improve external monitoring, of platform activities, and better verification of platform activities, and enforcement. better enforcement.

Or. en

Amendment 897 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Annex I – part VIII – paragraph 2

Motion for a resolution Amendment

The supervision and enforcement the The supervision and enforcement the

PE652.305v01-00 142/152 AM\1205187EN.docx EN Digital Services Act should be improved Digital Services Act should be improved by the creation of central regulatory by the creation of a central regulatory authority who should be responsible for authority who should be responsible for overseeing compliance with the DSA and overseeing compliance with the DSA and improve external monitoring, verification improve external monitoring, verification of platform activities, and better of platform activities, and better enforcement. enforcement.

Or. en

Amendment 898 Marco Campomenosi, Antonio Maria Rinaldi, Isabella Tovaglieri, Markus Buchheit, Jean-Lin Lacapelle on behalf of the ID Group Alessandra Basso

Motion for a resolution Annex I – part VIII – paragraph 3

Motion for a resolution Amendment

The central regulatory authority should deleted prioritise cooperation between the Member States to address complex cross- border issues; to that end, it should work together with the network of independent NEBs and have detailed and extensive enforcement powers to launch initiatives and investigations into cross-border systemic issues.

Or. en

Amendment 899 Sandro Gozi, Stéphanie Yon-Courtin

Motion for a resolution Annex I – part VIII – paragraph 3

Motion for a resolution Amendment

The central regulatory authority should The cooperation between the Member prioritise cooperation between the Member States should be encouraged and States to address complex cross-border strengthened to address complex cross- issues; to that end, it should work together border issues; to that end, the Member

AM\1205187EN.docx 143/152 PE652.305v01-00 EN with the network of independent NEBs and States and the Commission should work have detailed and extensive enforcement together with the network of independent powers to launch initiatives and NEBs, national regulatory and investigations into cross-border systemic supervisory authorities as well as with issues. existing network such as the European Consumers Centres Network and have detailed and extensive enforcement powers to launch initiatives and investigations into cross-border systemic issues.

Or. en

Amendment 900 Eugen Jurzyca

Motion for a resolution Annex I – part VIII – paragraph 3

Motion for a resolution Amendment

The central regulatory authority should The Commission should prioritise prioritise cooperation between the Member cooperation between the Member States to States to address complex cross-border address complex cross-border issues; to issues; to that end, it should work together that end, it should work together with the with the network of independent NEBs and network of independent NEBs and have have detailed and extensive enforcement powers to propose launching initiatives powers to launch initiatives and and investigations into cross-border investigations into cross-border systemic systemic issues to NEBs. However, it issues. should stay up to NEBs to decide on whether to launch the investigation or not.

Or. en

Amendment 901 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Annex I – part VIII – paragraph 3

Motion for a resolution Amendment

The central regulatory authority should The central regulatory authority should

PE652.305v01-00 144/152 AM\1205187EN.docx EN prioritise cooperation between the Member facilitate cooperation between the Member States to address complex cross-border States to address complex cross-border issues; to that end, it should work together issues; to that end, it should work together with the network of independent NEBs and with the network of independent NEBs and have detailed and extensive enforcement have detailed and extensive enforcement powers to launch initiatives and powers to launch initiatives and investigations into cross-border systemic investigations into cross-border systemic issues. issues.

Or. en

Amendment 902 Dita Charanzová, Ivars Ijabs, Andrus Ansip, Liesje Schreinemacher, Sandro Gozi, Stéphanie Yon-Courtin

Motion for a resolution Annex I – part VIII – paragraph 3

Motion for a resolution Amendment

The central regulatory authority should National regulatory authorities should prioritise cooperation between the Member prioritise cooperation between the Member States to address complex cross-border States to address complex cross-border issues; to that end, it should work together issues; to that end, it should work together with the network of independent NEBs and with the network of independent NEBs and have detailed and extensive enforcement have detailed and extensive enforcement powers to launch initiatives and powers to launch initiatives and investigations into cross-border systemic investigations into cross-border systemic issues. issues.

Or. en

Amendment 903 Marco Campomenosi, Antonio Maria Rinaldi, Isabella Tovaglieri, Markus Buchheit, Jean-Lin Lacapelle on behalf of the ID Group Alessandra Basso

Motion for a resolution Annex I – part VIII – paragraph 4

Motion for a resolution Amendment

The central regulator should coordinate deleted the work of the different authorities

AM\1205187EN.docx 145/152 PE652.305v01-00 EN dealing with illegal content online, enforce compliance, fines, and be able to carry out auditing of intermediaries and platforms.

Or. en

Amendment 904 Eugen Jurzyca

Motion for a resolution Annex I – part VIII – paragraph 4

Motion for a resolution Amendment

The central regulator should coordinate deleted the work of the different authorities dealing with illegal content online, enforce compliance, fines, and be able to carry out auditing of intermediaries and platforms.

Or. en

Amendment 905 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Annex I – part VIII – paragraph 4

Motion for a resolution Amendment

The central regulator should coordinate the The central regulator should coordinate the work of the different authorities dealing work of the different authorities dealing with illegal content online, enforce with illegal content online, enforce compliance, fines, and be able to carry out compliance, fines, and be able to carry out auditing of intermediaries and platforms. auditing of intermediaries and platforms; in case of disagreement of the NEBs, at the request of the majority of NEBs, or in case of issues relevant for more than one country it takes the final decision.

Or. en

PE652.305v01-00 146/152 AM\1205187EN.docx EN Amendment 906 Dita Charanzová, Ivars Ijabs, Andrus Ansip, Liesje Schreinemacher, Sandro Gozi, Stéphanie Yon-Courtin

Motion for a resolution Annex I – part VIII – paragraph 4

Motion for a resolution Amendment

The central regulator should coordinate The Commission, through the Joint the work of the different authorities dealing Research Centre, should offer their with illegal content online, enforce expertise and analysis upon request, compliance, fines, and be able to carry out including aid during investigations, to the auditing of intermediaries and platforms. work of the different authorities dealing with illegal content online, enforce compliance, fines, and be able to carry out auditing of intermediaries and platforms.

Or. en

Amendment 907 Sandro Gozi, Stéphanie Yon-Courtin

Motion for a resolution Annex I – part VIII – paragraph 4

Motion for a resolution Amendment

The central regulator should coordinate The Commission should coordinate the the work of the different authorities dealing work of the different authorities dealing with illegal content online, enforce with illegal content online, enforce compliance, fines, and be able to carry out compliance, fines, and be able to carry out auditing of intermediaries and platforms. auditing of intermediaries and platforms. The Commission should be provided with the adequate means to do so.

Or. en

Amendment 908 Róża Thun und Hohenstein, Andrey Kovatchev, Maria da Graça Carvalho, Tomislav Sokol, Krzysztof Hetman

AM\1205187EN.docx 147/152 PE652.305v01-00 EN Motion for a resolution Annex I – part VIII – paragraph 4

Motion for a resolution Amendment

The central regulator should coordinate the The central regulator should coordinate the work of the different authorities dealing work of the different authorities dealing with illegal content online, enforce with illegal and harmful content online, compliance, fines, and be able to carry out enforce compliance, fines, and be able to auditing of intermediaries and platforms. carry out auditing of intermediaries and platforms.

Or. en

Amendment 909 Andreas Schieder, Sylvie Guillaume, Adriana Maldonado López, Clara Aguilera, Maria Grapini

Motion for a resolution Annex I – part VIII – paragraph 4 a (new)

Motion for a resolution Amendment

To this extend, the central regulatory authority should be entrusted with the necessary supervision, monitoring and enforcement power needed to promote cross-border cooperation between Member States with respect to their respective national legal provisions.

Or. en

Amendment 910 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Annex I – part VIII – paragraph 4 a (new)

Motion for a resolution Amendment

The investigative powers of the authority should include the right to conduct

PE652.305v01-00 148/152 AM\1205187EN.docx EN audits; in this regard it is essential for the software documentation, the algorithms and data sets used to be fully accessible to the authority, while respecting Union law.

Or. en

Amendment 911 Alexandra Geese on behalf of the Greens/EFA Group Alex Agius Saliba, Marcel Kolaja

Motion for a resolution Annex I – part VIII – paragraph 4 b (new)

Motion for a resolution Amendment

The authority should facilitate and support the creation and maintenance of a European research repository that would combine data from multiple platforms to facilitate appeals processes and enable regulators, researchers and NGOs to review and analyse platform decisions.

Or. en

Amendment 912 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Annex I – part VIII – paragraph 4 c (new)

Motion for a resolution Amendment

Next to corrective powers, the enforcement powers of the authority should include the right to issue fines of up to 30 000 000 EUR, or in the case of an undertaking, up to 5 % of the total worldwide annual turnover.

AM\1205187EN.docx 149/152 PE652.305v01-00 EN Or. en

Amendment 913 Arba Kokalari

Motion for a resolution Annex I – part VIII – paragraph 5

Motion for a resolution Amendment

The central regulator should report to the deleted Union institutions and maintain a ‘Platform Scoreboard’ with relevant information on the performance of online platforms.

Or. sv

Amendment 914 Eugen Jurzyca

Motion for a resolution Annex I – part VIII – paragraph 5

Motion for a resolution Amendment

The central regulator should report to the deleted Union institutions and maintain a ‘Platform Scoreboard’ with relevant information on the performance of online platforms.

Or. en

Amendment 915 Marco Campomenosi, Antonio Maria Rinaldi, Isabella Tovaglieri, Markus Buchheit, Jean-Lin Lacapelle on behalf of the ID Group Alessandra Basso

Motion for a resolution Annex I – part VIII – paragraph 5

PE652.305v01-00 150/152 AM\1205187EN.docx EN Motion for a resolution Amendment

The central regulator should report to the deleted Union institutions and maintain a ‘Platform Scoreboard’ with relevant information on the performance of online platforms.

Or. en

Amendment 916 Dita Charanzová, Ivars Ijabs, Andrus Ansip, Liesje Schreinemacher, Sandro Gozi, Stéphanie Yon-Courtin, Svenja Hahn

Motion for a resolution Annex I – part VIII – paragraph 5

Motion for a resolution Amendment

The central regulator should report to the The Commission could maintain a Union institutions and maintain a ‘Platform Scoreboard’ with relevant ‘Platform Scoreboard’ with relevant information on the performance of online information on the performance of online platforms. platforms.

Or. en

Amendment 917 Alexandra Geese on behalf of the Greens/EFA Group Marcel Kolaja

Motion for a resolution Annex I – part VIII – paragraph 5

Motion for a resolution Amendment

The central regulator should report to the The central regulator should report to the Union institutions and maintain a ‘Platform Union institutions and maintain a public Scoreboard’ with relevant information on ‘Platform Scoreboard’ with relevant the performance of online platforms. information on the performance of online platforms.

Or. en

AM\1205187EN.docx 151/152 PE652.305v01-00 EN Amendment 918 Sandro Gozi, Stéphanie Yon-Courtin

Motion for a resolution Annex I – part VIII – paragraph 5

Motion for a resolution Amendment

The central regulator should report to the The Commission should maintain a Union institutions and maintain a ‘Platform Scoreboard’ with relevant ‘Platform Scoreboard’ with relevant information on the performance of online information on the performance of online platforms. platforms.

Or. en

Amendment 919 Eugen Jurzyca

Motion for a resolution Annex I – part VIII – paragraph 6

Motion for a resolution Amendment

The Digital Services Act should also deleted introduce new enforcement elements into Article 16 of the E-Commerce Directive regarding self-regulation.

Or. en

PE652.305v01-00 152/152 AM\1205187EN.docx EN