November saw the Civil Liberties Committee (LIBE) finalise its Opinion report on the digital content proposal. The Opinion is non-binding and is meant to serve as an advisory document to the lead Committees, namely the Internal Market (IMCO) and Legal Affairs (JURI) Committees. It consists of a number of amendments to the original proposal tabled by the European Commission in December last year. Some of the more notable changes include removing recital language which specifically exempts data collected through the use of cookies from being used as a form of payment. The rules on 'reimbursing' data used instead of a monetary payment were, however, made even narrower than before. If a consumer finds that the supplier isn't in conformity with a contract concluded against a counter-performance of data, the consumer can request that their data which they have provided access to is returned to them, provided that the supplier still retains such data. Under the LIBE Opinion's amendments, this would only be a requirement if the consumer requests this.
The joint lead Committees also published their Draft Report on the digital content proposal on 7 November. Notably absent from the report are amendments to the articles giving rise to the so-called data reimbursement right. However, at this stage the Draft Report only contains amendments tabled by the two co-rapporteurs, Axel Voss (EPP, Germany) and Evelyne Gebhardt (S&D, Germany). Other Members of the IMCO and JURI Committees can submit amendments until the 11th of January. The most impactful suggested change by the co-rapporteurs is to increase the scope of the proposal to any contracts for digital content concluded "in exchange for payment of a price and/or personal data or other data provided by the consumer or collected by the supplier or a third party in the interest of a supplier" [emphasis added].
After MEPs from the Committees submit their suggested amendments, the rapporteurs and shadow rapporteurs will debate on reaching compromise amendments. Once compromise has been reached the Committees will vote on whether to approve the report, which is scheduled for May 2017. If the Committees approve the Report, the European Parliament will vote in Plenary and use the Report as its negotiating position with the Council.
IAB Europe's position paper on the proposal can be found here
