AM Com NonLegReportEuropean law in the media and audio-PE652.517v01-00 8/113 AM\1206222EN.docx EN...

AM\1206222EN.docx PE652.517v01-00

EN United in diversity EN

European Parliament2019-2024

Committee on Legal Affairs

2020/2019(INL)

5.6.2020

AMENDMENTS230 - 490Draft reportTiemo Wölken(PE650.529v01-00)

Digital Services Act: adapting commercial and civil law rules for commercial entitities operating online(xx(INL))

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AM_Com_NonLegReport

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Amendment 230Karen Melchior, Liesje Schreinemacher

Motion for a resolutionAnnex I – part A – introductory part – indent 1 a (new)

Motion for a resolution Amendment

- The proposal focuses on content moderation and curation, and civil and commercial law rules with respect to digital services. Other aspects, such as regulation of online market places, are not addressed, but should be included in the Regulation on Digital Services Act to be proposed by the European Commission.

Or. en

Amendment 231József Szájer, Marion Walsmann, Jiří Pospíšil, Esteban González Pons

Motion for a resolutionAnnex I – part A – introductory part – indent 3

Motion for a resolution paragraph Amendment

- The proposal aims to strengthen the contractual rights in relation to content moderation and curation.

- The proposal aims to bring clarity on the contractual rights in relation to content moderation and curation.

Or. en

Amendment 232Daniel Buda



- The proposal aims to further address unfair terms and conditions used for the purpose of digital services.

- The proposal aims to further address the inadmissible and unfair terms and conditions used for the purpose of

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digital services.

Or. ro

Amendment 233Emmanuel Maurel, Manon Aubry



- The proposal raises the question regarding aspects of data collection in contravention of fair contractual rights of users.

- The proposal raises the question regarding aspects of data collection in contravention of fair contractual rights of users, data protection and online confidentiality rules.

Or. fr

Amendment 234József Szájer, Jiří Pospíšil, Esteban González Pons



- The proposal addresses the importance of fair implementation of the rights of users as regards interoperability and portability.

deleted

Or. en



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- The proposal addresses the necessity for the proper regulation of civil and commercial law aspects of distributed ledger technologies, including block chains and, in particular, smart contracts.

- The proposal raises the need for assessment in the field of distributed ledger technologies, including block chains and smart contracts.

Or. en


Motion for a resolutionAnnex I – part A – introductory part – indent 7 a (new)


- The proposal seeks to strike a balance between, on the one hand, the protection of users’ fundamental and civil rights and, on the other, the provision of business incentives in this sector, especially for SMEs and start-ups;

Or. ro




- The proposal raises the importance of private international law rules that provide legal clarity and certainty with respect to non-negotiable terms and conditions used by online platforms and rights to access to data so that access to justice is appropriately guaranteed.

- The proposal raises the importance of bringing clarity on the non-negotiable terms and conditions used by online platforms, ensure the right to access to data and guarantee the access to justice.

Or. en

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Amendment 238József Szájer, Marion Walsmann, Jiří Pospíšil, Esteban González Pons

Motion for a resolutionAnnex I – part A – part I – introductory part


The key elements of the proposals to be included in the Digital Services Act should be:

The Digital Services Act should reflect among others the following elements of the proposals, on the basis of a proper public consultation and impact analysis:

Or. en


Motion for a resolutionAnnex I – part A – part I – section 1 –introductory part


A regulation ‘on contractual rights as regards content management’ and that contains the following elements:

A regulation that contains the following elements:

Or. en

Amendment 240Marion Walsmann

Motion for a resolutionAnnex I – part A – part I – section 1 –introductory part


A regulation ‘on contractual rights as regards content management’ and that contains the following elements:

A regulation ‘on contractual rights of users of content hosting platforms’ and that contains the following elements:

Or. en

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Amendment 241József Szájer, Jiří Pospíšil

Motion for a resolutionAnnex I – part A – part I – section 1 –– indent 1 a (new)


- It should build upon the home state control principle, by updating its scope in light of the increasing convergence of user protection.

Or. en

Amendment 242József Szájer, Jiří Pospíšil, Javier Zarzalejos

Motion for a resolutionAnnex I – part A – part I – section 1 –– indent 1 b (new)


- It should make a clear distinction between illegal and harmful content when it comes to applying the appropriate policy options.

Or. en


Motion for a resolutionAnnex I – part A – part I – section 1 –indent 1 c (new)


- It should avoid extending its scope that would conflict with existing sectorial rules already in force such as the Copyright Directive or other existing European law in the media and audio-

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visual field.

Or. en

Amendment 244József Szájer, Jiří Pospíšil, Esteban González Pons, Javier Zarzalejos

Motion for a resolutionAnnex I – part A – part I – section 1 –indent 2


- It should provide principles for content moderation, including as regards discriminatory content moderation practices.

- It should provide principles for content moderation.

Or. en

Amendment 245Angel Dzhambazki



- It should provide principles for content moderation, including as regards discriminatory content moderation practices.

- It should provide proportionate, evidence-based principles for content moderation, including as regards discriminatory content moderation practices.

Or. en

Amendment 246Karen Melchior, Adrián Vázquez Lázara, Liesje Schreinemacher, Stéphane Séjourné

Motion for a resolutionAnnex I – part A – part I – section 1 –indent 2 a (new)

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- It should provide a dialogue between major content hosting platforms and the relevant, existing or new, European Agency or European body together with national authorities on the risk management of content management of legal content.

Or. en

Amendment 247Jiří Pospíšil



- The involvement of the scientific community should be enhanced so that the interests of the European academic community are taken into account when drafting a legislative act.

Or. cs




- It should provide formal and procedural standards for a notice and action system.

- It should provide formal and procedural standards for a notice and action system which are proportionate to the platform and the nature and impact of the harm, effective, and future-proof;

Or. en

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- It should provide formal and procedural standards for a deterrent and a notice-and-action mechanism.

Or. en





- It should provide standards for a notice and action system by following a sector-specific approach.

Or. en

Amendment 251Emmanuel Maurel

Motion for a resolutionAnnex I – part A – part I – section 1 – indent 3



- It should provide formal and procedural standards for a notice and removal system.

Or. fr

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- It should assess the use of digital technology instruments for the deterrence of illegal content online

Or. en




- It should provide for an independent dispute settlement mechanism.

- It should provide for an independent dispute settlement mechanism in accordance with the quality criteria laid down in Directive 2013/11/EU (Directive on alternative dispute resolution for consumer disputes), without limiting access to judicial remedy;

Or. fr




- It should provide for an independent dispute settlement mechanism.

- It should provide rules for an independent dispute settlement mechanism by respecting the national competences of the Member States.

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Or. en

Amendment 255Karen Melchior, Adrián Vázquez Lázara, Liesje Schreinemacher

Motion for a resolutionAnnex I – part A – part I – section 1 –– indent 5


- It should fully respect Union rules protecting personal data as well as fundamental rights.

- It should fully respect the Charter of Fundamental Rights of the European Union, as well as Union rules protecting users and their safety, privacy and personal data, as well as other fundamental rights.

Or. en




- It should fully respect Union rules protecting personal data as well as fundamental rights.

- It should fully respect Union rules protecting personal data as well as fundamental rights and all applicable legislation.

Or. fr




- It should fully respect Union rules - It should fully respect Union rules

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protecting personal data as well as fundamental rights.

protecting personal data, public interests and fundamental rights.

Or. en

Amendment 258Marion Walsmann, József Szájer



- It should provide rules regarding the responsibility of content hosting platforms for goods sold or advertised on them taking into account supporting activities for SMEs in order to minimize their burden when adapting to this responsibility.

Or. en


Motion for a resolutionAnnex I – part A – part I – section 2


A European Agency on Content Management should be established with the following main tasks:

deleted

- regular auditing of the algorithms employed by content hosting platforms for the purpose of content moderation as well as curation;- regular review of the compliance of content hosting platforms with the Regulation and other provisions that form part of the Digital Services Act, in particular as regards the correct implementation of the standards for

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notice-and-action procedures and content moderation in their terms and conditions, on the basis of transparency reports provided by the content hosting platforms and the public database of decisions on removal of content to be established by the Digital Services Act;- working with content hosting platforms on best practices to meet the transparency and accountability requirements for terms and conditions, as well as best practices in content moderation and implementing notice-and-action procedures;- imposing fines for non-compliance with the Digital Services Act. Fines should be set at up to 4% of the total worldwide annual turnover of the content hosting intermediary and take into account the platform’s overall compliance with the Digital Services Act. The fines should contribute to a special dedicated fund intended to finance the operating costs of the dispute settlement bodies described in the Regulation. Instances of non-compliance should include:- failure to implement the notice-and-action system provided for in the Regulation;- failure to provide transparent, accessible and non-discriminatory terms and conditions;- failure to provide access for the European Agency to content moderation and curation algorithms for review;- failure to submit transparency reports to the European Agency;- publishing biannual reports on all of its activities.

Or. en


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Motion for a resolutionAnnex I – part A – part I – section 2 – introductory part



An independent European content management expert committee, composed of experts from the Member States, independent academics and experts on online platforms, should be established and should:

Or. cs





The Commission should initiate action with a view to establishing a content management mechanism with the following main tasks:

Or. ro





Asks the Commission to entrust an existing or new European Agency or European body with the following tasks:

Or. en

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The European Commission should conduct the following tasks:

Or. en





A network of national authorities should be established with the following main tasks:

Or. en




- regular auditing of the algorithms employed by content hosting platforms for the purpose of content moderation as well as curation;

deleted

Or. en

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deleted

Or. cs





- regular monitoring of the algorithms employed by content hosting platforms for the purpose of content moderation as well as curation;

Or. en

Amendment 268Patrick Breyer




- regular auditing of the algorithms employed by content hosting platforms for the purpose of content curation;

Or. en

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Motion for a resolutionAnnex I – part A – part I – section 2 – indent 1 a (new)


- regular monitoring the practice of automated content filtering and curation, and reporting to the EU institutions;

Or. en




- regular review of the compliance of content hosting platforms with the Regulation and other provisions that form part of the Digital Services Act, in particular as regards the correct implementation of the standards for notice-and-action procedures and content moderation in their terms and conditions, on the basis of transparency reports provided by the content hosting platforms and the public database of decisions on removal of content to be established by the Digital Services Act;

deleted

Or. en



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deleted

Or. cs





- regular review of the transparency reports provided by the content hosting platforms and the public database of decisions on removal of content to be established by the Digital Services Act;

Or. en


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- working with content hosting platforms on best practices to meet the transparency and accountability requirements for terms and conditions, as well as best practices in content moderation and implementing notice-and-action procedures;

deleted

Or. en




- working with content hosting platforms on best practices to meet the transparency and accountability requirements for terms and conditions, as well as best practices in content moderation and implementing notice-and-action procedures;

- working with content hosting platforms on best practices to meet the transparency and accountability requirements for terms and conditions, as well as best practices in content moderation and implementing notice-and-removal procedures;

Or. fr


Motion for a resolutionAnnex I – part A – part I – section 2 – indent 3 a (new)


- cooperate and coordinate with the national authorities of Member States related to the implementation of the

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Digital Services Act.

Or. en




- imposing fines for non-compliance with the Digital Services Act. Fines should be set at up to 4% of the total worldwide annual turnover of the content hosting intermediary and take into account the platform’s overall compliance with the Digital Services Act. The fines should contribute to a special dedicated fund intended to finance the operating costs of the dispute settlement bodies described in the Regulation. Instances of non-compliance should include:

deleted

- failure to implement the notice-and-action system provided for in the Regulation;- failure to provide transparent, accessible and non-discriminatory terms and conditions;- failure to provide access for the European Agency to content moderation and curation algorithms for review;- failure to submit transparency reports to the European Agency;- publishing biannual reports on all of its activities.

Or. en


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- imposing fines for non-compliance with the Digital Services Act. Fines should be set at up to 4 % of the total worldwide annual turnover of the content hosting intermediary and take into account the platform’s overall compliance with the Digital Services Act. The fines should contribute to a special dedicated fund intended to finance the operating costs of the dispute settlement bodies described in the Regulation. Instances of non-compliance should include:

deleted

- failure to implement the notice-and-action system provided for in the Regulation;- failure to provide transparent, accessible and non-discriminatory terms and conditions;- failure to provide access for the European Agency to content moderation and curation algorithms for review;- failure to submit transparency reports to the European Agency;- publishing biannual reports on all of its activities.

Or. cs


Motion for a resolutionAnnex I – part A – part I – section 2 – indent 4 – introductory part


- imposing fines for non-compliance with the Digital Services Act. Fines should be set at up to 4% of the total worldwide annual turnover of the content hosting

- regular reviewing the fines imposed by national authorities for non-compliance with the Digital Services Act. Instances of non-compliance should

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intermediary and take into account the platform’s overall compliance with the Digital Services Act. The fines should contribute to a special dedicated fund intended to finance the operating costs of the dispute settlement bodies described in the Regulation. Instances of non-compliance should include:

include:

Or. en




- imposing fines for non-compliance with the Digital Services Act. Fines should be set at up to 4% of the total worldwide annual turnover of the content hosting intermediary and take into account the platform’s overall compliance with the Digital Services Act. The fines should contribute to a special dedicated fund intended to finance the operating costs of the dispute settlement bodies described in the Regulation. Instances of non-compliance should include:

- reporting to the Commission detected non-compliance with the rules established by the Digital Services Act including publishing biannual reports on all of its activities.

Or. en




- imposing fines for non-compliance with the Digital Services Act. Fines should be set at up to 4 % of the total worldwide

- imposing fines for non-compliance with the Digital Services Act. Fines should be set at up to 4 % of the total worldwide

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annual turnover of the content hosting intermediary and take into account the platform’s overall compliance with the Digital Services Act. The fines should contribute to a special dedicated fund intended to finance the operating costs of the dispute settlement bodies described in the Regulation. Instances of non-compliance should include:

annual turnover of the content hosting intermediary and take into account the platform’s overall compliance with the Digital Services Act. In the event of repeated infringement, the platform concerned may be banned from the European market. The fines should contribute to a special dedicated fund intended to finance the operating costs of the dispute settlement bodies described in the Regulation. Instances of non-compliance should include:

Or. fr


Motion for a resolutionAnnex I – part A – part I – section 2 – indent 4 – subi. 1


- failure to implement the notice-and-action system provided for in the Regulation;

deleted

Or. en





deleted

Or. en

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deleted

Or. cs





- failure to implement the notice-and-removal system provided for in the Regulation;

Or. fr





- failure to implement the notice-and-action system as provided for in the Regulation;

Or. en

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Amendment 286Ibán García Del Blanco

Motion for a resolutionAnnex I – part A – part I – section 2 – indent 4 – subi. 1 a (new)


- failure to implement any other obligations with regard to content moderation;

Or. en




- failure to provide transparent, accessible and non-discriminatory terms and conditions;

deleted

Or. en





deleted

Or. en

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deleted

Or. cs





- failure to provide transparent, accessible, fair and non-discriminatory terms and conditions;

Or. ro





- failure to provide fair, transparent, accessible and non-discriminatory terms and conditions;

Or. en

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- failure to provide access for the European Agency to content moderation and curation algorithms for review;

deleted

Or. en





deleted

Or. en





deleted

Or. cs

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- failure to provide access for the relevant, existing or new, European Agency or European body to content moderation and curation algorithms for review;

Or. en





- failure to provide access for the European Commission to content moderation and curation algorithms for review;

Or. en





- failure to provide access for the European Commission to content moderation and curation algorithms for review;

Or. ro

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- failure to provide access for the European Agency to content curation algorithms for review;

Or. en




- failure to submit transparency reports to the European Agency;

deleted

Or. en





deleted

Or. en

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deleted

Or. cs

Amendment 302Karen Melchior, Adrián Vázquez Lázara, Liesje Schreinemacher, Stéphane Séjourné




- failure to submit transparency reports to the relevant, existing or new, European Agency or European body;

Or. en





- failure to submit transparency reports to the European Commission;

Or. en


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- failure to submit transparency reports to the European Commission;

Or. ro




- publishing biannual reports on all of its activities.

deleted

Or. en




- publishing biannual reports on all of its activities.

deleted

Or. en


Motion for a resolutionAnnex I – part A – part I – section 2 – indent 4 – subi. 5 a (new)

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- publication of studies with proposals for measures aimed at helping increase the competitiveness and growth of micro, small and medium-sized enterprises.

Or. cs


Motion for a resolutionAnnex I – part A – part I – section 3 –– introductory part


The Digital Services Act should contain provisions requiring content hosting platforms to regularly provide transparency reports to the Agency. Such reports should, in particular, include:

The Digital Services Act should contain provisions requiring content hosting platforms to regularly publish and provide transparency reports to the respective, existing or new, European Agency or European body. Such reports should be comprehensive, following a consistent methodology. Transparency reports should, in particular, include:

Or. en





The Digital Services Act should contain provisions requiring content hosting platforms to regularly provide transparency reports to the Commission and the network of national authorities. Such reports should, in particular, include:

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Or. en





The Digital Services Act should contain provisions requiring content hosting platforms to regularly provide transparency reports to the Commission. Such reports should, in particular, include:

Or. ro





The Digital Services Act should contain provisions requiring content hosting platforms to regularly provide transparency reports to the committee. Such reports should, in particular, include:

Or. cs




The Digital Services Act should contain The Digital Services Act should contain

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provisions requiring content hosting platforms to regularly provide transparency reports to the Agency. Such reports should, in particular, include:

provisions requiring content hosting platforms to regularly provide transparency reports. Such reports should, in particular, include:

Or. en


Motion for a resolutionAnnex I – part A – part I – section 3 –– indent 1 – subi. 1


- the total number of notices received,

- the total number of notices received and the action taken accordingly,

Or. en


Motion for a resolutionAnnex I – part A – part I – section 3– indent 1 – subi. 1


- the total number of notices received,

- the total number of notices received and for which types of content,

Or. en




- the total number of removal requests complied with,

- the total number of removal requests complied with and the total

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number of referrals of content to competent authorities,

Or. en




- information on the enforcement of terms and conditions.

- information on the enforcement of terms and conditions and information on court decisions ordering the annulment and/or modification of terms and conditions of use considered unfair or illegal by an EU country.

Or. fr




- information on the enforcement of terms and conditions.

- information on the enforcement of terms and conditions and information on the court rulings received to remove and/or delete terms and conditions for being considered illegal per Member State.

Or. en


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Motion for a resolutionAnnex I – part A – part I – section 4 – subparagraph 1


Content hosting platforms should, in addition, publish their decisions on content removal on a publicly accessible database.

Content hosting platforms should, in addition, publish their decisions on content removal on a publicly accessible database to increase transparency for users.

Or. en

Amendment 319Brando Benifei

Motion for a resolutionAnnex I – part A – part I – section 4 – subparagraph 1 a (new)


The Digital Services Act should indicate a set of clear indicators to define thresholds for content hosting platforms to be exempted from certain provisions mentioned in this chapter. Such indicators could include considerations on the content hosting platform such as the size of its network (number of users), its financial strength, access to data, active role in content curation, vertical integration, presence of lock-in effect.

Or. en


Motion for a resolutionAnnex I – part A – part II – section1 – introductory part


Measures regarding content curation, data and online advertisements in breach of fair contractual rights of users should include:

Measures regarding content curation, data and online advertisements, including political advertising to achieve politically

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motivated goals, in breach of fair contractual rights of users should include:

Or. cs


Motion for a resolutionAnnex I – part A – part II – section 1 – introductory part


Measures regarding content curation, data and online advertisements in breach of fair contractual rights of users should include:

Measures regarding content curation, data and online advertisements should include:

Or. en


Motion for a resolutionAnnex I – part A – part II – section 1 – indent 1


- Measures to limit the data collected by content hosting platforms, based on interactions of users with content hosted on content hosting platforms, for the purpose of completing targeted advertising profiles, in particular by imposing strict conditions for the use of targeted personal advertisements.

- Measures to limit the data collected by content hosting platforms, based on interactions of users with content hosted on content hosting platforms, for the purpose of completing targeted advertising profiles, in particular by imposing strict conditions for the use of targeted personal advertisements, while in the case of political advertising, the measures should be limited to the requirement of transparency in terms of clearly identifying political advertising, the possibility of identifying its sponsor and the entity in whose favour the advertisement was commissioned, and the obligation to indicate that it is political advertising should fall to its sponsor and be backed up by appropriate enforcement

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tools.

Or. cs





- Measures to limit the data collected by content hosting platforms, based on interactions of users with content hosted on content hosting platforms, for the purpose of completing targeted advertising profiles, in particular by imposing strict conditions for the use of targeted personal advertisements and making the collection of personal data subject to user consent.

Or. en





- Measures to minimize the data collected by content hosting platforms, based on inter alia interactions of users with content hosted on content hosting platforms, for the purpose of completing targeted advertising profiles, in particular by imposing strict conditions for the use of targeted personal advertisements and by requiring prior consent of the user.

Or. en

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- Enforcement of existing measures to limit the data collected by content hosting platforms, based on inter alia interactions of users with content hosted on content hosting platforms, for the purpose of completing targeted advertising profiles, in particular by imposing strict conditions for the use of targeted personal advertisements.

Or. en


Motion for a resolutionAnnex I – part A – part II – section 1 – indent 1 a (new)


- In the context of political advertising, it would be appropriate to address the phenomenon of troll farms (also known as troll factories or web brigades) of anonymous commentators on political events who appear on social networks under a massive number of fake user profiles to manipulate public opinion, and to explore various options to combat this frequently cross-border interference in political competition, for instance promoting the concept of trusted personal profiles and possible synergies with efforts to build a European blockchain-based electronic identity verification service.

Or. cs

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Amendment 327Brando Benifei



- Users of content hosting platforms should be given the choice to opt in or out of receiving targeted advertisements.

- Users of content hosting platforms should be informed they are the object of targeted advertising, given access to their profile built by content hosting platforms and the possibility to modify it, and given the choice to opt in or out of receiving targeted advertisements.

Or. en




- Users of content hosting platforms should be given the choice to opt in or out of receiving targeted advertisements.

- Users of content hosting platforms should be given the choice to opt in or out and withdraw their consent to be subject to targeted advertisements, in line with data protection and privacy rules.

Or. en

Amendment 329Raffaele Stancanelli



- Users of content hosting platforms - Users of content hosting platforms

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should be given the choice to opt in or out of receiving targeted advertisements.

should be informed that they can make choices in respect of targeted advertisements, in line with the General Data Protection Regulation.

Or. it


Motion for a resolutionAnnex I – part A – part II – section 1 – indent 3 – introductory part


- Content hosting platforms should make available an archive of sponsored advertisements that were shown to their users, including the following:

- Content hosting platforms should make available an archive of sponsorships and advertisements that were shown to their users, including the following:

Or. en


Motion for a resolutionAnnex I – part A – part II – section 1 – indent 3 – subi. 1


- whether the advertisement is currently active or inactive,

- whether the advertisement or sponsorship is currently active or inactive,

Or. en



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- the timespan during which the advertisement was active,

- the timespan during which the advertisement or sponsorship was active,

Or. en




- the name and contact details of the advertiser,

- the name and contact details of the sponsor or advertiser and, if different, on behalf of whom the advertisement or the sponsorship is being placed,

Or. en




- the amount paid for the advertisement.

deleted

Or. en


Motion for a resolutionAnnex I – part A – part II – section 2

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The path to fair implementation of the rights of users as regards interoperability and portability should include:

deleted

- an assessment of the possibility of defining fair contractual conditions to facilitate data sharing with the aim of addressing imbalances in market power, in particular through the interoperability and portability of data.

Or. en


Motion for a resolutionAnnex I – part A – part II – section 2 – introductory part


The path to fair implementation of the rights of users as regards interoperability and portability should include:

The path to fair implementation of the rights of users as regards interconnectivity and portability should include:

Or. en





deleted

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Or. en





- an assessment of the possibility of defining fair contractual conditions to facilitate non-personal data sharing with the aim of addressing imbalances in market power.

Or. en





- an assessment of the possibility of defining fair contractual conditions to facilitate and promote data sharing with the aim of addressing imbalances in market power, in particular through the interoperability and portability of data.

Or. ro

Amendment 340Tiemo Wölken


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- a requirement for platforms with significant market power to provide an application programming interface, through which third-party platforms and their users can interoperate with the main functionalities and users of the platform providing the application programming interface, including third-party services designed to enhance and customise the user experience of the platform providing the application programming interface, especially through services that customise privacy settings as well as content curation preferences;

Or. en




- the ban on imposing a locked proprietary ecosystem for the use of digital products. In order to allow genuine interoperability of data, digital products must be in open format so as to allow users to export to different digital environments.

Or. fr



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- users of dominant social media services and messaging services shall be given a right to cross-platform interaction via open interfaces (interconnectivity); users shall be able to interact with users of alternative services, and that the users of alternative services shall be allowed to interact with them.

Or. en


Motion for a resolutionAnnex I – part A – part II – section 2 – indent 1 b (new)


- provisions ensuring that that platforms with significant market power providing an application programming interface may not share, retain, monetise or use any of the data they receive from third-party services;

Or. en


Motion for a resolutionAnnex I – part A – part II – section 2 – indent 1 c (new)


- provisions ensuring that the interoperability obligations described above may not limit, hinder or delay the ability of content hosting platforms to fix security issues, nor should the need to fix security issues lead to an undue

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suspension of the provisions on interoperability;

Or. en


Motion for a resolutionAnnex I – part A – part II – section 2 – indent 1 d (new)


- provisions ensuring that platforms be required by the Digital Services Act to ensure the technical feasibility of the data portability provisions laid down in Art. 20(2) of the General Data Protection Regulation;

Or. en


Motion for a resolutionAnnex I – part A – part II – section 2 – indent 1 e (new)


- provisions ensuring that that content hosting platforms with significant market power providing an application programming interface publicly document all interfaces they make available for the purpose of allowing for the interoperability of services;

Or. en


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- measures ensuring that the proper legislative framework is in place for the development and deployment of digital services making use of distributed ledger technologies, including block chains, and in particular for smart contracts,

- measures ensuring that the proper legislative framework is in place for the development and deployment of digital services including distributed ledger technologies such as block chains and smart contracts,

Or. en




- measures ensuring that smart contracts are fitted with mechanisms that can halt their execution, in particular given concerns of the weaker party and in respect for the rights of creditors in insolvency and restructuring.

deleted

Or. en




- measures ensuring that smart contracts are fitted with mechanisms that can halt their execution, in particular given concerns of the weaker party and in respect for the rights of creditors in insolvency and restructuring.

- measures ensuring that smart contracts are fitted with mechanisms that can halt their execution, in particular given private concerns of the weaker party or public concerns related to cartelisation and in respect for the rights of creditors in

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insolvency and restructuring.

Or. ro




- measures to ensure equality between the parties in case of smart contracts, taking into account in particular the interest of small businesses and SMEs, for which the Commission should examine possible modalities.

Or. en


Motion for a resolutionAnnex I – part A – part II – section 4


The path to equitable private international law rules that do not deprive users of access to justice should:

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- include measures ensuring that non-negotiable terms and conditions do not include provisions regulating private international law matters to the detriment of access to justice,- include measures clarifying private international law rules as regards data in a way that is not detrimental to Union subjects,- build on multilateralism and, if possible, be agreed in the appropriate

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international fora.

Or. en




- include measures ensuring that non-negotiable terms and conditions do not include provisions regulating private international law matters to the detriment of access to justice,

deleted

Or. en





- include the effective enforcement of existing measures ensuring that non-negotiable terms and conditions do not include provisions regulating private international law matters to the detriment of access to justice,

Or. en



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- include the effective enforcement of existing measures ensuring that non-negotiable terms and conditions do not include provisions regulating private international law matters to the detriment of access to justice,

Or. fr





- include measures ensuring that standard contractual terms and conditions do not include provisions regulating private international law matters to the detriment of access to justice,

Or. en




- include measures clarifying private international law rules as regards data in a way that is not detrimental to Union subjects,

deleted

Or. en

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- include measures clarifying private international law rules as regards data in a way that is not detrimental to Union subjects,

- include measures clarifying private international law rules to inter alia consider the activities of platforms, so that they are not detrimental to Union subjects,

Or. en




- build on multilateralism and, if possible, be agreed in the appropriate international fora.

deleted

Or. en


Motion for a resolutionAnnex I – part A – part II – section 4– final part


Only where it proves impossible to achieve a solution based on multilateralism in reasonable time, should measures applied within the Union be proposed, in order to ensure that the use of digital services in the Union is fully governed by Union law under the jurisdiction of Union courts.

deleted

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Or. en


Motion for a resolutionAnnex I – part B – recital 1


(1) The terms and conditions that providers of information society services apply in relations with users are often non-negotiable and can be unilaterally amended by those providers. Action at a legislative level is needed to put in place minimum standards for such terms and conditions, in particular as regards procedural standards for content management;

(1) The terms and conditions that digital service providers apply in relations with users are often non-negotiable and can be unilaterally amended by those providers. Action at a legislative level is needed to put in place minimum standards for such terms and conditions, in particular as regards procedural standards for content management;

Or. en




(2) The civil law regimes governing the practices of content hosting platforms as regards content moderation are based on certain sector-specific provisions at Union level as well as on laws passed by Member States at national level, and there are notable differences in the obligations imposed by those civil law regimes on content hosting platforms and in their enforcement mechanisms.

(2) The civil law regimes governing the practices of content hosting platforms as regards content moderation are based on certain sector-specific provisions at Union level as well as on laws passed by Member States at national level, and there are notable differences in the obligations imposed by those civil law regimes on content hosting platforms and in their enforcement mechanisms. This has resulted in a fragmented regulatory framework at Union level impeding the development of European businesses in the digital single market.

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Or. ro




(4) Given the detrimental effects of the fragmentation of the digital Single Market, the international character of content hosting and the dominant position of a few content hosting platforms located outside the Union, the various issues that arise in respect of content hosting need to be regulated in a manner that entails full harmonisation and therefore by means of a regulation;

(4) Given the detrimental effects of the fragmentation of the digital Single Market, the international character of content hosting, the great amount of illegal or harmful uploaded content and the dominant position of a few content hosting platforms located outside the Union, the various issues that arise in respect of content hosting need to be regulated in a manner that entails full harmonisation and therefore by means of a regulation;

Or. en





(4) Given the detrimental effects of the fragmentation of the digital Single Market, legal uncertainty for consumers, the international character of content hosting, and the dominant position of a few content hosting platforms located outside the Union, the various issues that arise in respect of content hosting need to be regulated in a manner that entails greater convergence by means of minimum

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standards;

Or. en





(4) Given the detrimental effects of the fragmentation of the digital Single Market, the international character of content hosting and the significant market power of a few content hosting platforms located outside the Union, the various issues that arise in respect of content hosting need to be regulated in a manner that entails full harmonisation and therefore by means of a regulation;

Or. en




(5) Concerning relations with users, this Regulation should lay down minimum standards for the transparency and accountability of terms and conditions of content hosting platforms. Terms and conditions should include transparent, binding and uniform standards and procedures for content moderation, which should guarantee accessible and independent recourse to judicial redress.

(5) Concerning relations with users, this Regulation should lay down minimum standards for the transparency and accountability of terms and conditions of content hosting platforms. Terms and conditions should be clear accessible, intelligible and unambiguous and include transparent, binding and uniform standards and procedures for content moderation, which should guarantee accessible and independent recourse to judicial redress.

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Or. en





(5) Concerning relations with users, this Regulation should lay down minimum standards for fairness, transparency and accountability of terms and conditions of content hosting platforms. Terms and conditions should include fair, transparent, binding and uniform standards and procedures for content moderation, which should guarantee accessible and independent recourse to judicial redress and comply with human rights standards.

Or. en





(5) Concerning relations with users, this Regulation should lay down minimum standards for the transparency and accountability of terms and conditions of content hosting platforms. Terms and conditions should include transparent, binding and uniform standards and procedures for content moderation, which should guarantee accessible and independent recourse to redress.

Or. en

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(5) Concerning relations with users, this Regulation should lay down minimum standards for the transparency and accountability of terms and conditions of content hosting platforms. Terms and conditions should include transparent standards and procedures for content moderation, which should guarantee accessible and independent recourse to judicial redress.

Or. en




(6) User-targeted amplification of content based on the views in such content is one of the most detrimental practices in the digital society, especially when such content is amplified on the basis of previous user interaction with other amplified content and with the purpose of optimising user profiles for targeted advertisements.

deleted

Or. en


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(6) User-targeted amplification of content based on the views in such content is one of the most detrimental practices in the digital society, especially when such content is amplified on the basis of previous user interaction with other amplified content and with the purpose of optimising user profiles for targeted advertisements.

(6) User-targeted amplification of content based on personal user information is one of the most detrimental practices in the digital society, especially when such content is amplified on the basis of previous user interaction with other amplified content and with the purpose of optimising user profiles for targeted advertisements.

Or. en


Motion for a resolutionAnnex I – part B – recital 6 a (new)


(6a) In order to ensure evaluation of the risks presented by the content amplification, this Regulation establishes a biannual dialogue on content management policies of legal content between major content hosting platforms and the respective, existing or new European Agency, or European body together with relevant national authorities.

Or. en

Amendment 372Evelyne Gebhardt, Paul Tang


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(6a) Recalls that algorithms that decide on the ranking of search results influence individual and social communications and interactions and can be opinion-forming, especially in the case of media contents.

Or. en




(7) In order to ensure, inter alia, that users can assert their rights they should be given an appropriate degree of influence over the curation of content made visible to them, including the possibility to opt out of any content curation altogether. In particular, users should not be subject to curation without specific consent.

(7) In order to ensure, inter alia, that users can assert their rights they should be given an appropriate degree of influence over the curation of content made visible to them, including the possibility to opt out of any content curation altogether. In particular, users should not be subject to curation without specific consent. Dominant platforms should provide users with an interface to have content curated by software or services of their choice.

Or. en

Amendment 374Caterina Chinnici



(7) In order to ensure, inter alia, that users can assert their rights they should be given an appropriate degree of influence

(7) In order to ensure, inter alia, that users can assert their rights they should be given an appropriate degree of influence

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over the curation of content made visible to them, including the possibility to opt out of any content curation altogether. In particular, users should not be subject to curation without specific consent.

over the curation of content made visible to them, including the possibility to opt out of any content curation altogether. In particular, users should not be subject to curation without freely given, specific, informed and unambiguous consent.

Or. en

Amendment 375Karen Melchior, Liesje Schreinemacher



(7) In order to ensure, inter alia, that users can assert their rights they should be given an appropriate degree of influence over the curation of content made visible to them, including the possibility to opt out of any content curation altogether. In particular, users should not be subject to curation without specific consent.

(7) In order to ensure, inter alia, that users can assert their rights they should be given an appropriate degree of influence over the curation of content made visible to them. In particular, users should not be subject to curation without specific consent.

Or. en

Amendment 376Marion Walsmann, József Szájer



(8a) Far too many goods sold online do not follow safety standards. One way of ensuring that content hosting platforms perform due diligence checks of goods sold by it or through it is to make the platforms jointly and severally responsible together with the primary seller. This would not be unreasonable for the content hosting platforms given that they take a

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share of the proceeds. Special attention should be paid to enable small and medium sized platforms to perform these checks and any supporting activity such as standardisation should ensure that administrative burdens are kept to a minimum.

Or. en




(9) This Regulation should not contain provisions forcing content hosting platforms to employ any form of fully automated ex-ante control of content.

deleted

Or. en





(9) This Regulation should not contain provisions forcing content hosting platforms to employ any form of automated ex-ante control of content, refrain from imposing notice-and-stay-down mechanisms and provide that content moderation procedures used voluntarily by providers shall not lead to any ex-ante control measures based on automated tools or upload-filtering of content.

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Or. en





(9) This Regulation should avoid provisions forcing content hosting platforms to employ fully automated ex-ante control of content unless otherwise specified in existing legal texts.

Or. en





(9) This Regulation should not contain provisions forcing passive content hosting platforms to employ any form of fully automated ex-ante control of content.

Or. fr




(9) This Regulation should not contain provisions forcing content hosting

(9) These measures should not contain provisions mandating content hosting

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platforms to employ any form of fully automated ex-ante control of content.

platforms to employ any form of fully automated ex-ante control of content.

Or. en

Amendment 382Stéphane Séjourné




(9) This Regulation should contain provisions forcing content hosting platforms to employ automated ex-ante control of content which is effective and transparent.

Or. fr




(9a) This Regulation does not prevent platforms from using an automated content mechanism where necessary and justified, and in particular promotes the use of such mechanism in the case the illegal nature of the content has either been established by a court or it can be easily determined without contextualisation.

Or. en


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(10) This Regulation should also include provisions against discriminatory content moderation practices, especially when user-created content is removed based on appearance, ethnic origin, gender, sexual orientation, religion or belief, disability, age, pregnancy or upbringing of children, language or social class.

(10) This Regulation should also include provisions against unjustified content moderation practices.

Or. en




(10) This Regulation should also include provisions against discriminatory content moderation practices, especially when user-created content is removed based on appearance, ethnic origin, gender, sexual orientation, religion or belief, disability, age, pregnancy or upbringing of children, language or social class.

(10) This Regulation should also include provisions against inadmissible discriminatory practices, exploitation or exclusion, for the purposes of content moderation, especially when user-created content is removed based on appearance, ethnic origin, gender, sexual orientation, religion or belief, disability, age, pregnancy or upbringing of children, language or social class.

Or. ro


Motion for a resolution

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