am com nonlegopinion - european parliament · 2020. 12. 21. · am\1220827en.docx pe662.129v02-00...

$: AM Com NonLegOpinion - European Parliament · 2020. 12. 21. · AM\1220827EN.docx PE662.129v02-00 ENUnited in diversityEN European Parliament 2019-2024 Committee on Legal Affairs$
AM\1220827EN.docx PE662.129v02-00

EN United in diversity EN

European Parliament2019-2024

Committee on Legal Affairs

2020/2216(INI)

15.12.2020

AMENDMENTS1 - 82Draft opinionMarion Walsmann(PE660.397v02-00)

Shaping the digital future of Europe: removing barriers to the functioning of the digital single market and improving the use of AI for European consumers(2020/2216(INI))

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AM_Com_NonLegOpinion

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Amendment 1Patrick Breyer

Draft opinionSubheading -1 (new)

Draft opinion Amendment

A. whereas ‘non-personal data’ means data other than personal data as defined in point (1) of Article 4 of Regulation (EU) 2016/679;

Or. en


Draft opinionSubheading -1 a (new)


B. whereas data sets can be composed of both personal and non-personal data, where personal and non-personal data in a data set are inextricably linked, Regulation (EU) 2016/679 applies;

Or. en


Draft opinionParagraph 1


1. Recognises the importance of a functioning digital single market and the use of AI, robotics and related technologies for EU citizens, since they tackle the challenges societies face, in particular

1. Recognises the importance of a functioning digital single market and the profound impact that the use of AI, robotics and related technologies can have on our markets and society, since they can help tackle the challenges societies face, in

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during the COVID-19 pandemic; particular during the COVID-19 pandemic; highlights the need to ensure full respect of fundamental rights, transparency, access to code and the thorough consideration the protection consumer rights;

Or. en

Amendment 4Ibán García Del Blanco, Evelyne Gebhardt, Nacho Sánchez Amor, Marcos Ros Sempere



1. Recognises the importance of a functioning digital single market and the use of AI, robotics and related technologies for EU citizens, since they tackle the challenges societies face, in particular during the COVID-19 pandemic;

1. Recognises the importance of a functioning digital single market and the ethical use of AI, robotics and related technologies for EU citizens, since they have the potential to tackle the challenges societies face in line with our social and democratic values, as it was demonstrated in particular during the COVID-19 pandemic; considers however, socio-economic, legal and ethical impacts have to be carefully addressed;

Or. en

Amendment 5Evelyne Gebhardt, Ibán García Del Blanco




1. Recognises the importance of a functioning digital single market and the use of AI, robotics and related technologies for EU citizens, since they have the potential to tackle the challenges societies face, in particular during the COVID-19

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pandemic and underlines that AI-based applications raise new, so far unresolved, legal questions that affect consumers;

Or. en

Amendment 6Liesje Schreinemacher, Karen Melchior




1. Stresses the importance of a fully functioning digital single market and the benefits of AI, robotics and related technologies for EU citizens, since they help to effectively tackle the challenges societies face, in particular during the COVID-19 pandemic;

Or. en


Draft opinionParagraph 1 a (new)


1a. Points out that the use of self-learning algorithms enables businesses to gain a comprehensive insight about consumer’s personal circumstances and behaviour patterns, allowing them to tailor their advertising and contract terms to specific profiles thus exploiting consumer’s willingness to purchase goods and services as well as deploying scoring systems to decide whether a specific consumer can purchase a product or take up a service;

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Or. en

Amendment 8Daniel Buda



2. Maintains that SMEs need to be supported in their digital transformation due to their limited resources; invites, therefore, the Commission to pursue a fitness check for SMEs before publishing legislation and to keep administrative burdens to a minimum by, inter alia, developing standards;

2. Maintains that SMEs need to be supported in their digital transformation due to their limited resources; in particular, with a view to maintaining balance in the internal market and a level playing field for all platform holders or operators, regardless of their size; invites, therefore, the Commission to pursue a fitness check for SMEs before publishing legislation and to keep administrative burdens and any obstacles to a minimum by, inter alia, developing fair and effective standards;

Or. ro





2. Maintains that SMEs and start-ups need to be supported in their digital transformation as they are the backbone of Europe's economy; invites, therefore, the Commission to assess a proportionate approach to enable them to develop and innovate, including specific measures for the digitalisation of SMEs and start-ups in future legislation and to keep administrative burdens to a minimum by, inter alia, taking into account their

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position in every step of the digital transformation;

Or. en





2. Maintains that SMEs need to be supported in their digital transformation due to their limited resources; calls on the Commission to pursue a fitness check for SMEs before introducing legislation and to keep administrative burdens to a minimum; asks the Commission to pay specific attention to the needs of start- and scale-ups, which play an important role in the uptake of new technologies in Europe;

Or. en





2. Maintains that SMEs need to be supported in their digital transformation due to their limited resources; invites, therefore, the Commission to pursue a fitness check for SMEs before publishing legislation and to keep administrative burdens to a minimum by, inter alia, developing standards; highlights the necessity to remove unnecessary legal barriers to access to data;

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Or. en





2. Maintains that SMEs need to be supported in their digital transformation due to their limited resources; invites, therefore, the Commission to pursue a fitness check for SMEs before publishing legislation and to keep administrative burdens to a minimum while at the same time achieving the underlying policy objectives;

Or. en




2a. Acknowledges that market imbalances exist in relation to digital businesses that enjoy a significant market power, enabling them to impose their business practices on consumers and customers, and makes it increasingly difficult for other players, especially SMEs and start-ups, to compete and for new businesses to even enter the market;

Or. en

Amendment 14

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Patrick Breyer



2a. Considers that the efforts undertaken by the EU legislator to improve consumer cross-border access to digital content must be pursued, notably through extending the scope of the Geo-blocking Regulation, which could in turn trigger growth in pan-EU licensing and thus reduce unjustified geo-blocking to content online;

Or. en




2a. Underlines that true access to justice for SMEs requires expertise in the area of law and technology, which is scarce and expensive; calls upon the Commission to integrate the promotion of legal technological expertise in Europe in its digital skills strategy;

Or. en

Amendment 16Kosma Złotowski



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2a. Stresses that many small and medium-sized enterprises are not aware of the value of the data they create, lack the tools to process them and are not sufficiently prepared to operate in a digital economy;

Or. pl


Draft opinionParagraph 2 b (new)


2b. Welcomes the launching of a new financing instrument, in the form of a co-investment facility of up to €150 million, to support artificial intelligence companies across Europe and asks to pay special attention to support SMEs and start-ups;

Or. en




3. Points out that the digital single market and AI are diverse and subject to quick and dynamic developments; urges the Commission to base proposals and initiatives on the right balance avoiding on the one hand an one-size-fits-all approach and on the other hand a fragmentation of the market through national approaches on the other;

3. Points out that the digital single market and AI are diverse and subject to quick and dynamic developments; urges the Commission to base proposals and initiatives on the right balance avoiding on the one hand a one-size-fits-all approach and on the other hand a fragmentation of the market through national approaches on the other; calls on the Commission to work closely with the Member States on the

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design, implementation and enforcement of European ethical and safety standards for AI;

Or. pl





3. Points out that the digital single market and AI are diverse and subject to quick and dynamic developments; urges the Commission to base proposals and initiatives on the right balance, supporting innovation on the one hand and ensuring consumer safety and protection on the other, with a view to introducing harmonised statutory framework provisions, avoiding on the one hand an one-size-fits-all approach and on the other hand a fragmentation of the market through national approaches on the other;

Or. ro




3. Points out that the digital single market and AI are diverse and subject to quick and dynamic developments; urges the Commission to base proposals and initiatives on the right balance avoiding on the one hand an one-size-fits-all approach and on the other hand a fragmentation of

3. Points out that the digital single market and AI are diverse and subject to quick and dynamic developments; urges the Commission to base proposals and initiatives on the right balance avoiding on the one hand an one-size-fits-all approach and on the other hand a fragmentation of

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the market through national approaches on the other;

the market through national approaches and through unnecessary layers of sectorial barriers to access to non-personal data;

Or. en





3. Points out that the digital single market and AI are diverse and subject to quick and dynamic developments; urges the Commission to propose an harmonised and future-proof regulatory framework that is inspired by a humanistic and human-centric approach in technological development;

Or. en





3. Points out that the digital single market and AI are diverse and subject to quick and dynamic developments; urges the Commission to put forward proposals and initiatives that avoid a fragmentation of the digital single market through divergent national approaches in the field of AI;

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Or. en





3. Points out that the digital single market and AI are developing rapidly; highlights the importance therefore of a flexible, future-proof and proportionate European approach; underlines that a new framework should prevent fragmentation of the single market through different national approaches, whilst avoiding becoming one-size-fits-all approach;

Or. en

Amendment 24Ibán García Del Blanco, Nacho Sánchez Amor, Marcos Ros Sempere, Evelyne Gebhardt



4. Highlights that a new regulatory framework for AI is needed in order to deal with the potential risks of autonomous behaviour and to maximise the trust of and the benefit for users; invites the Commission to propose a risk-based and innovation-friendly legislative framework for AI that focuses on identifying and closing gaps within existing legislation and being coherent with the existing sector-specific legislation;

4. Highlights that a new regulatory framework for AI is needed focusing on guaranteeing fundamental rights and establishing clear ethical principles, legal safeguards and liability in order to harness the potential risks of autonomous behaviour and to maximise the trust of and the benefit for users, while safeguarding the best interests of EU citizens; invites, therefore, the Commission to propose a risk-based and innovation-friendly robust legislative framework for AI that focuses on identifying and closing gaps within existing legislation and without prejudice

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to existing sector-specific legislation;

Or. en





4. Highlights that a new regulatory framework for AI is needed in order to deal with the potential risks of automated decision making and to maximise the trust of and the benefit for users; invites the Commission to propose a precautionary approach to the development and use of AI and automated decision making systems as well as a more gradual establishment of risks and corresponding legal requirements including preventive impact assessment in order to allow the banning of highly dangerous technologies;

Or. en




4. Highlights that a new regulatory framework for AI is needed in order to deal with the potential risks of autonomous behaviour and to maximise the trust of and the benefit for users; invites the Commission to propose a risk-based and innovation-friendly legislative framework for AI that focuses on identifying and

4. Highlights that a new harmonised regulatory framework for AI is needed in order to deal with the potential risks of autonomous behaviour, maximise the trust of and the benefit for users and ensure an adequate level of protection; invites the Commission to propose a risk-based and innovation-friendly legislative framework

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closing gaps within existing legislation and being coherent with the existing sector-specific legislation;

for AI that focuses on identifying and closing gaps within existing legislation and being coherent with the existing sector-specific legislation;

Or. ro





4. Highlights that a new regulatory framework for AI is needed to maximise the trust of users in the technology; invites the Commission to present a thorough impact assessment which identifies legal gaps in existing laws, followed by a proposal for a risk-based and innovation-friendly legislative framework for AI that is coherent with existing sector-specific legislation;

Or. en




4a. Stresses that it is important that this framework is based on solid principles such as fairness, transparency, security, which should govern the development and use of AI technology. Recognises that while legal obligations should be gradual depending on the risk,

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the scope of the regulatory framework should not be exclusively limited to ‘high-risk’ applications; calls for unethical applications such as aiming at mass surveillance to be banned;

Or. en




4a. Considers that the lack of clear European rules on the attribution of responsibility in the event of a malfunction or accident is one of the key barriers to the implementation of AI-based technologies for widespread use;

Or. pl




5. Is of the firm view that definitions of ‘AI’ and ‘high-risk’ should be future-proof to ensure legal clarity for consumers and businesses and should consider human oversight for high-risk AI applications;

5. Is of the firm view that harmonised future-proof definitions of ‘AI’ and ‘high-risk’ ensure legal clarity for consumers and businesses; recalls that the risk based approach should take into account the potential that these technologies entail to breach fundamental rights and to cause any prejudice or harm to individuals or society at a whole; reminds that the development, deployment and use of any high-risk AI applications should guarantee full human oversight at any time and

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must include principles of transparency, safety, accessibility and accountability, non-discrimination and fairness, protection of privacy and personal data, good governance and be socially and environmentally sustainable;

Or. en





5. Is of the firm view that definitions of ‘AI’ and ‘high-risk’ should be future-proof to ensure legal clarity for consumers and businesses, including for the purposes of pursuing claims in connection with a malfunction or an accident, and should consider human oversight for high-risk AI applications;

Or. pl





5. Is of the firm view that the definitions of ‘AI’ and ‘high-risk’ are crucial to provide legal clarity to consumers and businesses;

Or. en

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5. Is of the firm view that definitions of ‘AI’ and ‘high-risk’ should be future-proof to ensure legal clarity for consumers and businesses and should consider human oversight for all AI applications;

Or. en





5. Is of the firm view that a methodology and criteria are necessary to define the level of risk of an application, and that this process shall be subject to human oversight and control;

Or. en




6. Is convinced that existing legislation needs to be adapted to new technologies; asks the Commission to

6. Is convinced that existing legislation needs to be adapted in view of long-term technology developments,

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adjust inter alia the Product Liability Directive1 , in particular by redefining the terms ‘product’ and ‘defect’ and considering adjustments to the concept of ‘burden of proof’, which should mirror the modifications to the General Product Safety Directive2 ;

among which those enabled by AI technologies; asks the Commission to adjust inter alia the Product Liability Directive1 , in particular by redefining the terms ‘product’ and ‘defect’ and considering adjustments to the concept of ‘burden of proof’, which should mirror the modifications to the General Product Safety Directive2 while bearing in mind the vulnerability of AI users and consumers, as well as the need to ensure fair compensation to victims when damage occurs;

_________________ _________________1 OJ L 210, 7.8.1985, p.29. 1 OJ L 210, 7.8.1985, p.29.2 OJ L 11, 15.1.2002, p. 4. 2 OJ L 11, 15.1.2002, p. 4.

Or. en




6. Is convinced that existing legislation needs to be adapted to new technologies; asks the Commission to adjust inter alia the Product Liability Directive1 , in particular by redefining the terms ‘product’ and ‘defect’ and considering adjustments to the concept of ‘burden of proof’, which should mirror the modifications to the General Product Safety Directive2 ;

6. Is convinced that existing legislation needs to be modernized to adjust to the introduction of new technologies; asks the Commission to adjust inter alia the Product Liability Directive1 , in particular by redefining the terms ‘product’ and ‘defect’ and considering adjustments to the concept of ‘burden of proof’, which should mirror the modifications to the General Product Safety Directive2 ;

_________________ _________________1 OJ L 210, 7.8.1985, p.29. 1 OJ L 210, 7.8.1985, p.29.2 OJ L 11, 15.1.2002, p. 4. 2 OJ L 11, 15.1.2002, p. 4.

Or. en

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6. Is convinced that existing legislation needs to be adapted to new technologies; asks the Commission to adjust inter alia the Product Liability Directive1 , in particular by redefining the terms ‘product’ and ‘defect’ and considering adjustments to the concept of ‘burden of proof’, which should mirror the modifications to the General Product Safety Directive2 ;

6. Is convinced that existing legislation needs to be adapted to new technologies; urges the Commission to update inter alia the Product Liability Directive, in particular by redefining the terms ‘product’, ‘damage’, ‘defect’ and reversing the ‘burden of proof’, which should mirror the modifications to the General Product Safety Directive;

_________________1 OJ L 210, 7.8.1985, p.29.2 OJ L 11, 15.1.2002, p. 4.

Or. en




6a. Asks the Commission to follow-up on the recommendations of the European Parliament regarding the introduction of a new liability framework for AI-operators and following the results of the impact assessment, consider introducing a strict liability regime for high-risk AI-systems that would guarantee effective protection of consumers across the EU;

Or. en

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6a. Calls on the Commission to make a proposal for the introduction of a liability regime that is based on the proportion of control the party holds over the risk of the operation taking into account the development and the deployment phase and ensure compensation for non-material damages caused by AI;

Or. en




7. Outlines that society, including consumers, should benefit from the responsible development and deployment of AI which serves the good of society; asks the Commission, therefore, to define ethical rules for the development, deployment and use of AI, robotics and related technologies taking into account the principles of better regulation;

7. Outlines that society, including consumers, should benefit from the responsible development, deployment and use of AI technologies that benefit citizens, generate opportunities for businesses and serve the good of society; asks the Commission, therefore, to define ethical rules for the development, deployment and use of AI, robotics and related technologies that respect fundamental rights guaranteeing human dignity, autonomy and safety taking into account the principles of better regulation, emphasising on evidence and transparent processes involving citizens and stakeholders, including trade unions and consumers’ associations;

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Or. en





7. Outlines that society, including consumers, should benefit from the responsible development and deployment of AI which serves the good of society; asks the Commission, therefore, to define ethical norms for the development, deployment and use of AI, robotics and related technologies taking into account the principles of better regulation; believes that these norms should guarantee the effective protection of European citizen's fundamental and consumer rights;

Or. en





7. Outlines that society, including consumers, should benefit from the responsible development and deployment of AI which serves the good of society, providing sufficient user protection guarantees; asks the Commission, therefore, to define ethical rules for the development, deployment and use of AI, robotics and related technologies taking into account the principles of better regulation;

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Or. ro





7. Outlines that society, including consumers, should benefit from the responsible development and deployment of AI which serves the good of society; asks the Commission, therefore, to define legal rights and obligations for the development, deployment and use of AI, robotics and related technologies taking into account ethical standards;

Or. en





7. Outlines that society, including consumers, should benefit from the responsible development and deployment of AI; asks the Commission, therefore, to consider ethical guidelines for the development, deployment and use of AI, robotics and related technologies taking into account the principles of better regulation;

Or. en

Amendment 45

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Kosma Złotowski



7a. Points out that private operators generate a significant amount of data in connection with the provision of services of general interest or when carrying out tasks that are co-financed by public funds, such as public transport services; stresses that, given their importance and high value for society, such data should be made available free of charge for re-use in the general interest, while guaranteeing a high level of personal data protection where necessary;

Or. pl




8. Underlines that, for the training of AI, the free flow of data within the digital single market is essential and this should be underpinned by the appropriate contractual rules;

8. Underlines that, for the training of AI, the free flow of data within the common data spaces of the digital single market is essential and this should be underpinned by a solid underlying legal framework which promotes trust among businesses and includes, where necessary, appropriate and fair contractual rules addressing existing power or market imbalances, and ensuring a consumer-friendly approach to data access and control;

Or. en

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8. Underlines that, for the functioning of the digital single market and the development of AI, the free flow of data within the digital single market, as well as with third countries, is essential; welcomes Commission’s commitment to build a genuine European single market for data, allowing businesses to start up and scale up, to innovate and compete or cooperate on fair terms;

Or. en





8. Underlines that, for the training of AI, the free flow of data within the digital single market is essential and this should be underpinned by appropriate and non-discriminatory contractual rules and effective and proportional liability provisions;

Or. ro



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8. Underlines that, for the training of AI, the free flow of data within the digital single market in line with applicable legislation such as the GDPR is essential and this should be underpinned by the appropriate contractual rules;

Or. en




8a. Points out that the most efficient way of reducing bias in data based systems is by ensuring that the maximum of non-personal data is available to train them, for which it is necessary to limit any unnecessary barrier, notably to text-and-data mining, and to facilitate cross-border uses; notes in addition that public domain or freely licensed open data are often used by AI and machine learning developers when selecting training data, which creates a particular form of selection bias in training data, which can often lead to other forms of more harmful bias in results, such a situation calling for increased flexibility for the use of IPR protected data in order to make AI and machine learning less biased, and more in line with ethical standards, with the ultimate goal of better serving humanity;

Or. en


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9. Calls on the Commission to support the development of international standards to govern the use of AI;

9. Recalls the global dimension of the opportunities and risks implicit in AI technologies; calls on the Commission to promote consistent international cooperation that contributes to create synergies on AI between European entities as well as other multilateral fora to align efforts and to better coordinate the development of AI; urges the Commission to support multilateral efforts to discuss in relevant fora an effective international regulatory framework to guide the development, deployment and use of AI;

Or. en





9. Firmly believes that the European Union should be a frontrunner globally when it comes to the development of AI, and at the same time, should work closely with like-minded countries to coordinate efforts internationally; Welcomes in this respect the ambition to introduce A Global Digital Cooperation Strategy and a Transatlantic AI Agreement; Calls on the Commission to promote the development of international standardization processes to govern the use of AI;

Or. en

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9. Calls on the Commission to support the development of international standards to govern the use of AI; underlines that the EU should position itself as a global leader in the development of ethical and legal norms and standards for the use of this technology;

Or. pl

Amendment 54Evelyne Gebhardt



10. Highlights that consumers are already benefiting from strong data protection rules such as the GDPR3 and ePrivacy Directive4 ; appreciates that the Commission foresees measures to empower individuals to exercise their rights, which must at least partly be based on civil law;

10. Highlights that consumers should always be informed in a timely clear and intelligible manner about the existence, process and rationale of algorithmic systems and that while consumers are already benefiting from strong data protection rules such as the GDPR3and ePrivacy Directive4 it should be considered whether additional regulatory measures may be needed to address the power asymmetries between individuals and businesses arising from the growth of digital devices and the expansion of digital data that they generate; appreciates that the Commission foresees measures to empower individuals to exercise their rights, which must at least partly be based on civil law;

_________________ _________________3 OJ L 119 4.5.2016, p. 1. 3 OJ L 119 4.5.2016, p. 1.

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4 OJ L 201, 31.7.2002, p.37. 4 OJ L 201, 31.7.2002, p.37.

Or. en





10. Highlights that consumers are already benefiting from strong data protection rules such as the GDPR3 and ePrivacy Directive4; calls for the swift adoption of a strong ePrivacy Regulation and the efficient enforcement of GDPR; appreciates that the Commission foresees measures to empower individuals to exercise their rights, which must at least partly be based on civil law;

_________________ _________________3 OJ L 119 4.5.2016, p. 1. 3 OJ L 119 4.5.2016, p. 1.4 OJ L 201, 31.7.2002, p.37. 4 OJ L 201, 31.7.2002, p.37.

Or. en




10. Highlights that consumers are already benefiting from strong data protection rules such as the GDPR3 and ePrivacy Directive4 ; appreciates that the Commission foresees measures to empower individuals to exercise their rights, which must at least partly be based

10. Highlights that citizens, as users and consumers, are already benefiting from strong data protection rules such as the GDPR and ePrivacy Directive; appreciates that the Commission foresees measures ensuring full coordination and avoiding duplication of the data protection existing legislations to

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on civil law; empower individuals to exercise their rights, which must at least partly be based on civil law;

_________________3 OJ L 119 4.5.2016, p. 1.4 OJ L 201, 31.7.2002, p.37.

Or. en





10. Highlights that consumers are already benefiting from strong data protection rules such as the GDPR3 and ePrivacy Directive4 ; appreciates that the Commission foresees measures to empower individuals to exercise their rights;

_________________ _________________3 OJ L 119 4.5.2016, p. 1. 3 OJ L 119 4.5.2016, p. 1.4 OJ L 201, 31.7.2002, p.37. 4 OJ L 201, 31.7.2002, p.37.

Or. en




10a. Calls on the Commission to propose restrictions to the use of systems building on consumers’ commercial surveillance and to encourage the

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deployment of consumer-centric systems based on fair and non-discriminatory practices;

Or. en




10a. Maintains that any new legislation shall abide with the principles already provisioned in GDPR, namely privacy by design and by default, data minimisation and purpose limitation;

Or. en


Draft opinionParagraph 10 b (new)


10b. Asks the Commission to propose measures to ensure that users have control over their choices, by always safeguarding their consent through an opt-in framework and the possibility to opt-out, avoiding any lock-in effects;

Or. en


Draft opinion

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Paragraph 10 c (new)


10c. Asks the Commission to propose measures to ensure that, in the same spirit, consumers can still use a connected device for all its functions, even if consumers withdraw or do not give their consent to share non-operational data with the device manufacturer or third parties; reiterates the need for transparency in contract terms and conditions regarding the possibility and scope of data sharing with third parties;

Or. en




11. Asks the Commission to ensure that users are properly informed and that their rights are effectively guaranteed when they interact with automated decision-making systems and that automatic decision-making systems do not generate unfairly biased outputs for consumers in the single market;

11. Asks the Commission to ensure that users are properly informed and that their rights are effectively guaranteed when they interact with automated decision-making systems and urges the Commission to concretise these rights in its future legislative proposal by translating them into enforceable rules so that automated decision making powered technologies serve consumers and do not harm them nor generate unfairly biased outputs for consumers in the single market;

Or. en


Draft opinion

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Paragraph 11



11. Asks the Commission to ensure that users are properly informed when they interact with AI, about the data that it collects and for which use; underlines that their rights offline should also be effectively guaranteed online when they interact with automated decision-making systems; stresses that automatic decision-making systems should not generate biased outputs leading to discriminatory decisions for consumers in the single market;

Or. en





11. Asks the Commission to ensure that citizens, as users and consumers, are properly informed and that their rights are effectively guaranteed when a system uses AI, when AI systems personalise a product or service for its users, and when they interact with automated decision-making systems or are subjected to autonomous processes or decisions that influence their experience with digital products and services;

Or. en


Draft opinion

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Paragraph 11



11. Asks the Commission to ensure that users are properly informed and that their rights are effectively guaranteed when they interact with automated decision-making systems and that automatic decision-making systems do not generate unfairly biased or discriminatory outputs for consumers in the single market;

Or. en




11a. Recalls that bias in and discrimination by software, algorithms and data is unlawful; urges the Commission to propose measures to assure that automatic decision-making systems do not generate subjective, unjustifiable, unreasonable or illegitimate biased outputs for consumers in the single market;

Or. en




11a. Asks the Commission to propose clear definitions of the rights of the

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consumer which should include the right to object to being subject to decisions, right to have explanations and human intervention, rights to redress in case of harm;

Or. en




12. Urges the Commission to ensure a strong protection for users’ civil law rights in the forth-coming proposal for a Digital Services Act (DSA), particularly in order to protect, inter alia, the freedom of expression and the freedom to provide services, and to protect users from harmful micro-targeting;

12. Urges the Commission to ensure a strong protection for fundamental rights and users’ civil law rights in the proposal for a Digital Services Act (DSA) and Digital Market Act (DMA), particularly in order to protect, inter alia, the freedom of expression and information and the freedom to provide services, and to protect users from illegal content and harmful business practices based on targeting or the exploitation of data;

Or. en




12. Urges the Commission to ensure a strong protection for users’ civil law rights in the forth-coming proposal for a Digital Services Act (DSA), particularly in order to protect, inter alia, the freedom of expression and the freedom to provide services, and to protect users from harmful

12. Urges the Commission to ensure a strong protection for users’ rights in the forth-coming proposal for a Digital Services Act (DSA), particularly in order to protect, inter alia, the freedom of expression, the right to access information and the freedom to provide services, and to

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micro-targeting; protect users from non-consensual micro-targeting;

Or. en




12. Urges the Commission to ensure a strong protection for users’ civil law rights in the forth-coming proposal for a Digital Services Act (DSA), particularly in order to protect, inter alia, the freedom of expression and the freedom to provide services, and to protect users from harmful micro-targeting;

12. Urges the Commission to ensure strong protection of the rights of users in the forth-coming proposal for a Digital Services Act (DSA), particularly in order to protect, inter alia, the freedom of expression and the freedom to provide services, and to protect users against harmful micro-targeting;

Or. en




13. Outlines that it is unacceptable that consumers are exposed to unsafe products and therefore increased responsibilities for online marketplaces are needed; asks the Commission to set up clear rules for the responsibility of content hosting platforms for goods sold or advertised on them in the DSA proposal in order to inter alia close the legal gap in which the buyers failed to obtain the satisfaction to which he or she is entitled according to the law or the contract for the supply of goods for example because of the inability to

13. Outlines that it is unacceptable that consumers are exposed to unsafe products and therefore clear responsibilities for online marketplaces are needed;

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identify the primary seller;

Or. en




13. Outlines that it is unacceptable that consumers are exposed to unsafe products and therefore increased responsibilities for online marketplaces are needed; asks the Commission to set up clear rules for the responsibility of content hosting platforms for goods sold or advertised on them in the DSA proposal in order to inter alia close the legal gap in which the buyers failed to obtain the satisfaction to which he or she is entitled according to the law or the contract for the supply of goods for example because of the inability to identify the primary seller;

13. Outlines that it is unacceptable that users and consumers are exposed to illegal content as well as unsafe and counterfeit products; therefore, increased responsibilities for content hosting platforms and online marketplaces are needed to reinforce the digital single market; asks the Commission to set up clear rules for the responsibility of content hosting platforms, for the illegal content and for the goods sold or advertised on them in the DSA proposal in order to consider the consumer safeguards in place, which should be observed at all times, and the concomitant redress measures for retailers and consumers by inter alia close the legal gap in which the buyers failed to obtain the satisfaction to which he or she is entitled according to the law or the contract for the supply of goods, for example because of the inability to identify the primary seller (know your customer business principle);

Or. en

Amendment 73Emmanuel Maurel


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13. Outlines that it is unacceptable that consumers are exposed to unsafe products, counterfeit goods and products which infringe intellectual property rights, and therefore increased responsibilities for online marketplaces are needed; asks the Commission to set up clear rules for the responsibility of content hosting platforms for goods sold or advertised on them in the DSA proposal in order to inter alia close the legal gap in which the buyers failed to obtain the satisfaction to which he or she is entitled according to the law or the contract for the supply of goods for example because of the inability to identify the primary seller;

Or. fr





13. Outlines that it is unacceptable that consumers are exposed to unsafe products and therefore increased responsibilities for online marketplaces based on the principle of proportionality are needed; asks the Commission to set up clear rules for the responsibility of content hosting platforms for goods sold or advertised on them in the DSA proposal in order to inter alia close the legal gap in which the buyers failed to obtain the satisfaction to which he or she is entitled according to the law or the contract for the supply of goods for example because of the inability to identify the primary seller;

Or. ro

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13. Stresses that it is unacceptable that consumers are exposed to unsafe products and therefore increased responsibilities for online marketplaces are needed; calls upon the Commission to clarify the responsibility of content hosting platforms for goods sold or advertised on them in the DSA proposal to ensure that consumers can effectively exercise their right to redress; Proposes that this should include an obligation for digital services from third countries that are active in the European single market to establish a legal representative within the European Union;

Or. en




13a. Stresses the need to guarantee greater transparency in the internal rules of internet platforms, as well as their compliance with European consumer protection standards; calls for full transparency in the functioning of digital platforms, especially for entities registered in third countries, as regards algorithms affecting the availability of services, prices offered and user profiling for advertising;

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Or. pl




14. Considers that the use of smart contracts in the digital single market must be firmly founded on civil and contract law in order to ensure the rights of businesses and consumers;

14. Calls on the Commission to assess the development and use of distributed ledger technologies including blockchain, namely smart contracts in the digital single market, provide guidance to ensure legal certainty for businesses and consumers, in particular the question of legality, enforcement of smart contracts in cross border situations, and notarisation requirements where applicable, and make proposals for the appropriate legal framework;

Or. en




15. Notes that large platforms with significant network effects could act as de facto ‘online gatekeepers’ of the digital economy and urges the Commission to analyse the impact that the power of these large platforms have on the rights of consumers and SMEs.

15. Notes that large platforms with significant network effects resulting from for example the data that they possess could act as de facto ‘online gatekeepers’ of the digital economy, which creates unfair competition disproportionately impacting SMEs; urges the Commission to introduce measures to protect the rights of consumers and SMEs by restoring the level playing field in the internal market;

Or. en

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15. Notes that large platforms with significant network effects act as de facto ‘online gatekeepers’ of the digital economy and urges the Commission to analyse the impact that the power of these large platforms have on the rights of consumers and SMEs and to tackle this through clear obligations for interoperability and transparency that would allow the user to make an informed choice;

Or. en





15. Notes that large platforms with significant network effects could act as de facto ‘online gatekeepers’ of the digital economy and urges the Commission to analyse the impact that the power of these large platforms have on the rights of users, consumers, start-ups and SMEs;

Or. en


Draft opinion

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Paragraph 15



15. Notes that large platforms with significant network effects act as de facto ‘online gatekeepers’ of the digital economy and urges the Commission to analyse the impact that the power of these large platforms have on the rights of consumers and SMEs.

Or. pl




15a. Stresses that limited competition in the market for advanced digital services using AI technology creates significant barriers for small and medium-sized enterprises; recommends that the Commission’s proposed legislation should take into account the differences in potential between operators in the single market in terms of the administrative or financial burdens that they face;

Or. pl

am com nonlegopinion - european parliament · 2020. 12. 21. · am\1220827en.docx pe662.129v02-00...

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