keyboard_tab Digital Market Act 2022/1925 EN

(1)

‘ gatekeeper’ means an undertaking providing core_platform_services, designated pursuant to Article 3;

(2)

‘ core_platform_service’ means any of the following:

(3)

‘ information_society_service’ means any service as defined in Article 1(1), point (b), of Directive (EU) 2015/1535;

(4)

‘ digital_sector’ means the sector of products and services provided by means of, or through, information_society_services;

(5)

‘ online_intermediation_services’ means online_intermediation_services as defined in Article 2, point (2), of Regulation (EU) 2019/1150;

(6)

‘ online_search_engine’ means an online_search_engine as defined in Article 2, point (5), of Regulation (EU) 2019/1150;

(7)

‘ online_social_networking_service’ means a platform that enables end_users to connect and communicate with each other, share content and discover other users and content across multiple devices and, in particular, via chats, posts, videos and recommendations;

(8)

‘ video-sharing_platform_service’ means a video-sharing_platform_service as defined in Article 1(1), point (aa), of Directive 2010/13/EU;

(9)

‘ number-independent_interpersonal_communications_service’ means a number-independent_interpersonal_communications_service as defined in Article 2, point (7), of Directive (EU) 2018/1972;

(10)

‘ operating_system’ means a system software that controls the basic functions of the hardware or software and enables software_applications to run on it;

(11)

‘ web_browser’ means a software_application that enables end_users to access and interact with web content hosted on servers that are connected to networks such as the Internet, including standalone web_browsers as well as web_browsers integrated or embedded in software or similar;

(12)

‘ virtual_assistant’ means a software that can process demands, tasks or questions, including those based on audio, visual, written input, gestures or motions, and that, based on those demands, tasks or questions, provides access to other services or controls connected physical devices;

(13)

‘ cloud_computing_service’ means a cloud_computing_service as defined in Article 4, point (19), of Directive (EU) 2016/1148 of the European Parliament and of the Council (24);

(14)

‘ software_application_stores’ means a type of online_intermediation_services, which is focused on software_applications as the intermediated product or service;

(15)

‘ software_application’ means any digital product or service that runs on an operating_system;

(16)

‘ payment_service’ means a payment_service as defined in Article 4, point (3) of Directive (EU) 2015/2366;

(17)

‘technical service supporting payment_service’ means a service within the meaning of Article 3, point (j), of Directive (EU) 2015/2366;

(18)

‘ payment_system_for_in-app_purchases’ means a software_application, service or user interface which facilitates purchases of digital content or digital services within a software_application, including content, subscriptions, features or functionality, and the payments for such purchases;

(19)

‘ identification_service’ means a type of service provided together with or in support of core_platform_services that enables any type of verification of the identity of end_users or business_users, regardless of the technology used;

(20)

‘ end_user’ means any natural or legal person using core_platform_services other than as a business_user;

(21)

‘ business_user’ means any natural or legal person acting in a commercial or professional capacity using core_platform_services for the purpose of or in the course of providing goods or services to end_users;

(22)

‘ ranking’ means the relative prominence given to goods or services offered through online_intermediation_services, online_social_networking_services, video-sharing_platform_services or virtual_assistants, or the relevance given to search_results by online_search_engines, as presented, organised or communicated by the undertakings providing online_intermediation_services, online_social_networking_services, video-sharing_platform_services, virtual_assistants or online_search_engines, irrespective of the technological means used for such presentation, organisation or communication and irrespective of whether only one result is presented or communicated;

(23)

‘ search_results’ means any information in any format, including textual, graphic, vocal or other outputs, returned in response to, and related to, a search query, irrespective of whether the information returned is a paid or an unpaid result, a direct answer or any product, service or information offered in connection with the organic results, or displayed along with or partly or entirely embedded in them;

(24)

‘ data’ means any digital representation of acts, facts or information and any compilation of such acts, facts or information, including in the form of sound, visual or audiovisual recording;

(25)

‘personal data’ means personal data as defined in Article 4, point (1), of Regulation (EU) 2016/679;

(26)

‘non-personal data’ means data other than personal data;

(27)

‘ undertaking’ means an entity engaged in an economic activity, regardless of its legal status and the way in which it is financed, including all linked enterprises or connected undertakings that form a group through the direct or indirect control of an enterprise or undertaking by another;

(28)

‘ control’ means the possibility of exercising decisive influence on an undertaking, within the meaning of Article 3(2) of Regulation (EC) No 139/2004;

(29)

‘ interoperability’ means the ability to exchange information and mutually use the information which has been exchanged through interfaces or other solutions, so that all elements of hardware or software work with other hardware and software and with users in all the ways in which they are intended to function;

(30)

‘ turnover’ means the amount derived by an undertaking within the meaning of Article 5(1) of Regulation (EC) No 139/2004;

(31)

‘ profiling’ means profiling as defined in Article 4, point (4), of Regulation (EU) 2016/679;

(32)

‘ consent’ means consent as defined in Article 4, point (11), of Regulation (EU) 2016/679;

(33)

‘ national_court’ means a court or tribunal of a Member State within the meaning of Article 267 TFEU.

(1)

‘ gatekeeper’ means an undertaking providing core_platform_services, designated pursuant to Article 3;

(2)

‘ core_platform_service’ means any of the following:

(3)

‘ information_society_service’ means any service as defined in Article 1(1), point (b), of Directive (EU) 2015/1535;

(4)

‘ digital_sector’ means the sector of products and services provided by means of, or through, information_society_services;

(5)

‘ online_intermediation_services’ means online_intermediation_services as defined in Article 2, point (2), of Regulation (EU) 2019/1150;

(6)

‘ online_search_engine’ means an online_search_engine as defined in Article 2, point (5), of Regulation (EU) 2019/1150;

(7)

‘ online_social_networking_service’ means a platform that enables end_users to connect and communicate with each other, share content and discover other users and content across multiple devices and, in particular, via chats, posts, videos and recommendations;

(8)

‘ video-sharing_platform_service’ means a video-sharing_platform_service as defined in Article 1(1), point (aa), of Directive 2010/13/EU;

(9)

‘ number-independent_interpersonal_communications_service’ means a number-independent_interpersonal_communications_service as defined in Article 2, point (7), of Directive (EU) 2018/1972;

(10)

‘ operating_system’ means a system software that controls the basic functions of the hardware or software and enables software_applications to run on it;

(11)

‘ web_browser’ means a software_application that enables end_users to access and interact with web content hosted on servers that are connected to networks such as the Internet, including standalone web_browsers as well as web_browsers integrated or embedded in software or similar;

(12)

‘ virtual_assistant’ means a software that can process demands, tasks or questions, including those based on audio, visual, written input, gestures or motions, and that, based on those demands, tasks or questions, provides access to other services or controls connected physical devices;

(13)

‘ cloud_computing_service’ means a cloud_computing_service as defined in Article 4, point (19), of Directive (EU) 2016/1148 of the European Parliament and of the Council (24);

(14)

‘ software_application_stores’ means a type of online_intermediation_services, which is focused on software_applications as the intermediated product or service;

(15)

‘ software_application’ means any digital product or service that runs on an operating_system;

(16)

‘ payment_service’ means a payment_service as defined in Article 4, point (3) of Directive (EU) 2015/2366;

(17)

‘technical service supporting payment_service’ means a service within the meaning of Article 3, point (j), of Directive (EU) 2015/2366;

(18)

‘ payment_system_for_in-app_purchases’ means a software_application, service or user interface which facilitates purchases of digital content or digital services within a software_application, including content, subscriptions, features or functionality, and the payments for such purchases;

(19)

‘ identification_service’ means a type of service provided together with or in support of core_platform_services that enables any type of verification of the identity of end_users or business_users, regardless of the technology used;

(20)

‘ end_user’ means any natural or legal person using core_platform_services other than as a business_user;

(21)

‘ business_user’ means any natural or legal person acting in a commercial or professional capacity using core_platform_services for the purpose of or in the course of providing goods or services to end_users;

(22)

‘ ranking’ means the relative prominence given to goods or services offered through online_intermediation_services, online_social_networking_services, video-sharing_platform_services or virtual_assistants, or the relevance given to search_results by online_search_engines, as presented, organised or communicated by the undertakings providing online_intermediation_services, online_social_networking_services, video-sharing_platform_services, virtual_assistants or online_search_engines, irrespective of the technological means used for such presentation, organisation or communication and irrespective of whether only one result is presented or communicated;

(23)

‘ search_results’ means any information in any format, including textual, graphic, vocal or other outputs, returned in response to, and related to, a search query, irrespective of whether the information returned is a paid or an unpaid result, a direct answer or any product, service or information offered in connection with the organic results, or displayed along with or partly or entirely embedded in them;

(24)

‘ data’ means any digital representation of acts, facts or information and any compilation of such acts, facts or information, including in the form of sound, visual or audiovisual recording;

(25)

‘personal data’ means personal data as defined in Article 4, point (1), of Regulation (EU) 2016/679;

(26)

‘non-personal data’ means data other than personal data;

(27)

‘ undertaking’ means an entity engaged in an economic activity, regardless of its legal status and the way in which it is financed, including all linked enterprises or connected undertakings that form a group through the direct or indirect control of an enterprise or undertaking by another;

(28)

‘ control’ means the possibility of exercising decisive influence on an undertaking, within the meaning of Article 3(2) of Regulation (EC) No 139/2004;

(29)

‘ interoperability’ means the ability to exchange information and mutually use the information which has been exchanged through interfaces or other solutions, so that all elements of hardware or software work with other hardware and software and with users in all the ways in which they are intended to function;

(30)

‘ turnover’ means the amount derived by an undertaking within the meaning of Article 5(1) of Regulation (EC) No 139/2004;

(31)

‘ profiling’ means profiling as defined in Article 4, point (4), of Regulation (EU) 2016/679;

(32)

‘ consent’ means consent as defined in Article 4, point (11), of Regulation (EU) 2016/679;

(33)

‘ national_court’ means a court or tribunal of a Member State within the meaning of Article 267 TFEU.