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2022/1925 EN cercato: 'functionalities' . Output generated live by software developed by IusOnDemand srl


expand index functionalities:


whereas functionalities:


definitions:


cloud tag: and the number of total unique words without stopwords is: 236

 

Article 7

Obligation for gatekeepers on interoperability of number-independent_interpersonal_communications_services

1.   Where a gatekeeper provides number-independent_interpersonal_communications_services that are listed in the designation decision pursuant to Article 3(9), it shall make the basic functionalities of its number-independent_interpersonal_communications_services interoperable with the number-independent_interpersonal_communications_services of another provider offering or intending to offer such services in the Union, by providing the necessary technical interfaces or similar solutions that facilitate interoperability, upon request, and free of charge.

2.   The gatekeeper shall make at least the following basic functionalities referred to in paragraph 1 interoperable where the gatekeeper itself provides those functionalities to its own end_users:

(a)

following the listing in the designation decision pursuant to Article 3(9):

(i)

end-to-end text messaging between two individual end_users;

(ii)

sharing of images, voice messages, videos and other attached files in end to end communication between two individual end_users;

(b)

within 2 years from the designation:

(i)

end-to-end text messaging within groups of individual end_users;

(ii)

sharing of images, voice messages, videos and other attached files in end-to-end communication between a group chat and an individual end_user;

(c)

within 4 years from the designation:

(i)

end-to-end voice calls between two individual end_users;

(ii)

end-to-end video calls between two individual end_users;

(iii)

end-to-end voice calls between a group chat and an individual end_user;

(iv)

end-to-end video calls between a group chat and an individual end_user.

3.   The level of security, including the end-to-end encryption, where applicable, that the gatekeeper provides to its own end_users shall be preserved across the interoperable services.

4.   The gatekeeper shall publish a reference offer laying down the technical details and general terms and conditions of interoperability with its number-independent_interpersonal_communications_services, including the necessary details on the level of security and end-to-end encryption. The gatekeeper shall publish that reference offer within the period laid down in Article 3(10) and update it where necessary.

5.   Following the publication of the reference offer pursuant to paragraph 4, any provider of number-independent_interpersonal_communications_services offering or intending to offer such services in the Union may request interoperability with the number-independent_interpersonal_communications_services provided by the gatekeeper. Such a request may cover some or all of the basic functionalities listed in paragraph 2. The gatekeeper shall comply with any reasonable request for interoperability within 3 months after receiving that request by rendering the requested basic functionalities operational.

6.   The Commission may, exceptionally, upon a reasoned request by the gatekeeper, extend the time limits for compliance under paragraph 2 or 5 where the gatekeeper demonstrates that this is necessary to ensure effective interoperability and to maintain the necessary level of security, including end-to-end encryption, where applicable.

7.   The end_users of the number-independent_interpersonal_communications_services of the gatekeeper and of the requesting provider of number-independent_interpersonal_communications_services shall remain free to decide whether to make use of the interoperable basic functionalities that may be provided by the gatekeeper pursuant to paragraph 1.

8.   The gatekeeper shall collect and exchange with the provider of number-independent_interpersonal_communications_services that makes a request for interoperability only the personal data of end_users that is strictly necessary to provide effective interoperability. Any such collection and exchange of the personal data of end_users shall fully comply with Regulation (EU) 2016/679 and Directive 2002/58/EC.

9.   The gatekeeper shall not be prevented from taking measures to ensure that third-party providers of number-independent_interpersonal_communications_services requesting interoperability do not endanger the integrity, security and privacy of its services, provided that such measures are strictly necessary and proportionate and are duly justified by the gatekeeper.

Article 12

Updating obligations for gatekeepers

1.   The Commission is empowered to adopt delegated acts in accordance with Article 49 to supplement this Regulation with regard to the obligations laid down in Articles 5 and 6. Those delegated acts shall be based on a market investigation pursuant to Article 19 that has identified the need to keep those obligations up to date in order to address practices that limit the contestability of core_platform_services or that are unfair in the same way as the practices addressed by the obligations laid down in Articles 5 and 6.

2.   The scope of a delegated act adopted in accordance with paragraph 1 shall be limited to:

(a)

extending an obligation that applies only in relation to certain core_platform_services, to other core_platform_services listed in Article 2, point (2);

(b)

extending an obligation that benefits certain business_users or end_users so that it benefits other business_users or end_users;

(c)

specifying the manner in which the obligations laid down in Articles 5 and 6 are to be performed by gatekeepers in order to ensure effective compliance with those obligations;

(d)

extending an obligation that applies only in relation to certain services provided together with, or in support of, core_platform_services to other services provided together with, or in support of, core_platform_services;

(e)

extending an obligation that applies only in relation to certain types of data to apply in relation to other types of data;

(f)

adding further conditions where an obligation imposes certain conditions on the behaviour of a gatekeeper; or

(g)

applying an obligation that governs the relationship between several core_platform_services of the gatekeeper to the relationship between a core_platform_service and other services of the gatekeeper.

3.   The Commission is empowered to adopt delegated acts in accordance with Article 49 to amend this Regulation with regard to the list of basic functionalities identified in Article 7(2), by adding or removing functionalities of number-independent_interpersonal_communications_services.

Those delegated acts shall be based on a market investigation pursuant to Article 19 that has identified the need to keep those obligations up to date in order to address practices that limit the contestability of core_platform_services or that are unfair in the same way as the practices addressed by the obligations laid down in Article 7.

4.   The Commission is empowered to adopt delegated acts in accordance with Article 49 to supplement this Regulation in respect of the obligations in Article 7 by specifying the manner in which those obligations are to be performed in order to ensure effective compliance with those obligations. Those delegated acts shall be based on a market investigation pursuant to Article 19, which has identified the need to keep those obligations up to date in order to address practices that limit the contestability of core_platform_services or that are unfair in the same way as the practices addressed by the obligations laid down in Article 7.

5.   A practice as referred to in paragraphs 1, 3 and 4 shall be considered to limit the contestability of core_platform_services or to be unfair where:

(a)

that practice is engaged in by gatekeepers and is capable of impeding innovation and limiting choice for business_users and end_users because it:

(i)

affects or risks affecting the contestability of a core_platform_service or other services in the digital_sector on a lasting basis due to the creation or strengthening of barriers to entry for other undertakings or to expand as providers of a core_platform_service or other services in the digital_sector; or

(ii)

prevents other operators from having the same access to a key input as the gatekeeper; or

(b)

there is an imbalance between the rights and obligations of business_users and the gatekeeper obtains an advantage from business_users that is disproportionate to the service provided by that gatekeeper to those business_users.

whereas
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