keyboard_tab Digital Market Act 2022/1925 EN
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- 1 Article 6 Obligations for gatekeepers susceptible of being further specified under Article 8
- 12 Article 40 The high-level group
CHAPTER I
SUBJECT MATTER, SCOPE AND DEFINITIONS
CHAPTER II
GATEKEEPERS
CHAPTER III
PRACTICES OF GATEKEEPERS THAT LIMIT CONTESTABILITY OR ARE UNFAIR
CHAPTER IV
MARKET INVESTIGATION
CHAPTER V
INVESTIGATIVE, ENFORCEMENT AND MONITORING POWERS
CHAPTER VI
FINAL PROVISIONS
- gatekeeper
- core platform service
- information society service
- digital sector
- online intermediation services
- online search engine
- online social networking service
- video-sharing platform service
- number-independent interpersonal communications service
- operating system
- web browser
- virtual assistant
- cloud computing service
- software application stores
- software application
- payment service
- technical service supporting payment service
- payment system for in-app purchases
- identification service
- end user
- business user
- ranking
- search results
- data
- personal data
- non-personal data
- undertaking
- control
- interoperability
- turnover
- profiling
- consent
- national court
- General
- Active end users
- Active business users
- Submission of information
- Specific definitions
- shall 59
- gatekeeper 43
- end_users 38
- number 36
- core_platform_services 35
- data 34
- european 32
- services 30
- article 29
- business_users 28
- unique 26
- provided 24
- council 23
- such 23
- parliament 22
- the 22
- undertaking 21
- regulation 21
- least 21
- relevant 20
- ‘active 20
- oj l 19
- year 18
- once 17
- commission 16
- core_platform_service 15
- month 15
- through 15
- group 15
- during 14
- including 14
- providing 13
- advertising 13
- from 13
- directive 12
- high-level 12
- access 12
- end_users’ 12
- operating_system 12
- intermediation 11
- service 11
- which 10
- provide 10
- example 10
- same 10
- active 10
- //ec 9
- pursuant 9
- virtual_assistant 9
- protection 9
Article 6
Obligations for high_tag_cloud' title='definition'>gatekeepers susceptible of being further specified under Article 8
1. The Gatekeeper shall comply with all obligations set out in this Article with respect to each of its high_tag_cloud' title='definition'>core_platform_services listed in the designation decision pursuant to Article 3(9).
2. The high_tag_cloud' title='definition'>gatekeeper shall not use, in competition with high_tag_cloud' title='definition'>business_users, any high_tag_cloud' title='definition'>data that is not publicly available that is generated or provided by those high_tag_cloud' title='definition'>business_users in the context of their use of the relevant high_tag_cloud' title='definition'>core_platform_services or of the services provided together with, or in support of, the relevant high_tag_cloud' title='definition'>core_platform_services, including high_tag_cloud' title='definition'>data generated or provided by the customers of those high_tag_cloud' title='definition'>business_users.
For the purposes of the first subparagraph, the high_tag_cloud' title='definition'>data that is not publicly available shall include any aggregated and non-aggregated high_tag_cloud' title='definition'>data generated by high_tag_cloud' title='definition'>business_users that can be inferred from, or collected through, the commercial activities of high_tag_cloud' title='definition'>business_users or their customers, including click, search, view and voice high_tag_cloud' title='definition'>data, on the relevant high_tag_cloud' title='definition'>core_platform_services or on services provided together with, or in support of, the relevant high_tag_cloud' title='definition'>core_platform_services of the high_tag_cloud' title='definition'>gatekeeper.
3. The high_tag_cloud' title='definition'>gatekeeper shall allow and technically enable high_tag_cloud' title='definition'>end_users to easily un-install any high_tag_cloud' title='definition'>software_applications on the high_tag_cloud' title='definition'>operating_system of the high_tag_cloud' title='definition'>gatekeeper, without prejudice to the possibility for that high_tag_cloud' title='definition'>gatekeeper to restrict such un-installation in relation to high_tag_cloud' title='definition'>software_applications that are essential for the functioning of the high_tag_cloud' title='definition'>operating_system or of the device and which cannot technically be offered on a standalone basis by third parties.
The high_tag_cloud' title='definition'>gatekeeper shall allow and technically enable high_tag_cloud' title='definition'>end_users to easily change default settings on the high_tag_cloud' title='definition'>operating_system, high_tag_cloud' title='definition'>virtual_assistant and high_tag_cloud' title='definition'>web_browser of the high_tag_cloud' title='definition'>gatekeeper that direct or steer high_tag_cloud' title='definition'>end_users to products or services provided by the high_tag_cloud' title='definition'>gatekeeper. That includes prompting high_tag_cloud' title='definition'>end_users, at the moment of the high_tag_cloud' title='definition'>end_users’ first use of an high_tag_cloud' title='definition'>online_search_engine, high_tag_cloud' title='definition'>virtual_assistant or high_tag_cloud' title='definition'>web_browser of the high_tag_cloud' title='definition'>gatekeeper listed in the designation decision pursuant to Article 3(9), to choose, from a list of the main available service providers, the high_tag_cloud' title='definition'>online_search_engine, high_tag_cloud' title='definition'>virtual_assistant or high_tag_cloud' title='definition'>web_browser to which the high_tag_cloud' title='definition'>operating_system of the high_tag_cloud' title='definition'>gatekeeper directs or steers users by default, and the high_tag_cloud' title='definition'>online_search_engine to which the high_tag_cloud' title='definition'>virtual_assistant and the high_tag_cloud' title='definition'>web_browser of the high_tag_cloud' title='definition'>gatekeeper directs or steers users by default.
4. The high_tag_cloud' title='definition'>gatekeeper shall allow and technically enable the installation and effective use of third-party high_tag_cloud' title='definition'>software_applications or high_tag_cloud' title='definition'>software_application_stores using, or interoperating with, its high_tag_cloud' title='definition'>operating_system and allow those high_tag_cloud' title='definition'>software_applications or high_tag_cloud' title='definition'>software_application_stores to be accessed by means other than the relevant high_tag_cloud' title='definition'>core_platform_services of that high_tag_cloud' title='definition'>gatekeeper. The high_tag_cloud' title='definition'>gatekeeper shall, where applicable, not prevent the downloaded third-party high_tag_cloud' title='definition'>software_applications or high_tag_cloud' title='definition'>software_application_stores from prompting high_tag_cloud' title='definition'>end_users to decide whether they want to set that downloaded high_tag_cloud' title='definition'>software_application or high_tag_cloud' title='definition'>software_application store as their default. The high_tag_cloud' title='definition'>gatekeeper shall technically enable high_tag_cloud' title='definition'>end_users who decide to set that downloaded high_tag_cloud' title='definition'>software_application or high_tag_cloud' title='definition'>software_application store as their default to carry out that change easily.
The high_tag_cloud' title='definition'>gatekeeper shall not be prevented from taking, to the extent that they are strictly necessary and proportionate, measures to ensure that third-party high_tag_cloud' title='definition'>software_applications or high_tag_cloud' title='definition'>software_application_stores do not endanger the integrity of the hardware or high_tag_cloud' title='definition'>operating_system provided by the high_tag_cloud' title='definition'>gatekeeper, provided that such measures are duly justified by the high_tag_cloud' title='definition'>gatekeeper.
Furthermore, the high_tag_cloud' title='definition'>gatekeeper shall not be prevented from applying, to the extent that they are strictly necessary and proportionate, measures and settings other than default settings, enabling high_tag_cloud' title='definition'>end_users to effectively protect security in relation to third-party high_tag_cloud' title='definition'>software_applications or high_tag_cloud' title='definition'>software_application_stores, provided that such measures and settings other than default settings are duly justified by the high_tag_cloud' title='definition'>gatekeeper.
5. The high_tag_cloud' title='definition'>gatekeeper shall not treat more favourably, in high_tag_cloud' title='definition'>ranking and related indexing and crawling, services and products offered by the high_tag_cloud' title='definition'>gatekeeper itself than similar services or products of a third party. The high_tag_cloud' title='definition'>gatekeeper shall apply transparent, fair and non-discriminatory conditions to such high_tag_cloud' title='definition'>ranking.
6. The high_tag_cloud' title='definition'>gatekeeper shall not restrict technically or otherwise the ability of high_tag_cloud' title='definition'>end_users to switch between, and subscribe to, different high_tag_cloud' title='definition'>software_applications and services that are accessed using the high_tag_cloud' title='definition'>core_platform_services of the high_tag_cloud' title='definition'>gatekeeper, including as regards the choice of Internet access services for high_tag_cloud' title='definition'>end_users.
7. The high_tag_cloud' title='definition'>gatekeeper shall allow providers of services and providers of hardware, free of charge, effective high_tag_cloud' title='definition'>interoperability with, and access for the purposes of high_tag_cloud' title='definition'>interoperability to, the same hardware and software features accessed or high_tag_cloud' title='definition'>controlled via the high_tag_cloud' title='definition'>operating_system or high_tag_cloud' title='definition'>virtual_assistant listed in the designation decision pursuant to Article 3(9) as are available to services or hardware provided by the high_tag_cloud' title='definition'>gatekeeper. Furthermore, the high_tag_cloud' title='definition'>gatekeeper shall allow high_tag_cloud' title='definition'>business_users and alternative providers of services provided together with, or in support of, high_tag_cloud' title='definition'>core_platform_services, free of charge, effective high_tag_cloud' title='definition'>interoperability with, and access for the purposes of high_tag_cloud' title='definition'>interoperability to, the same high_tag_cloud' title='definition'>operating_system, hardware or software features, regardless of whether those features are part of the high_tag_cloud' title='definition'>operating_system, as are available to, or used by, that high_tag_cloud' title='definition'>gatekeeper when providing such services.
The high_tag_cloud' title='definition'>gatekeeper shall not be prevented from taking strictly necessary and proportionate measures to ensure that high_tag_cloud' title='definition'>interoperability does not compromise the integrity of the high_tag_cloud' title='definition'>operating_system, high_tag_cloud' title='definition'>virtual_assistant, hardware or software features provided by the high_tag_cloud' title='definition'>gatekeeper, provided that such measures are duly justified by the high_tag_cloud' title='definition'>gatekeeper.
8. The high_tag_cloud' title='definition'>gatekeeper shall provide advertisers and publishers, as well as third parties authorised by advertisers and publishers, upon their request and free of charge, with access to the performance measuring tools of the high_tag_cloud' title='definition'>gatekeeper and the high_tag_cloud' title='definition'>data necessary for advertisers and publishers to carry out their own independent verification of the advertisements inventory, including aggregated and non-aggregated high_tag_cloud' title='definition'>data. Such high_tag_cloud' title='definition'>data shall be provided in a manner that enables advertisers and publishers to run their own verification and measurement tools to assess the performance of the high_tag_cloud' title='definition'>core_platform_services provided for by the high_tag_cloud' title='definition'>gatekeepers.
9. The high_tag_cloud' title='definition'>gatekeeper shall provide high_tag_cloud' title='definition'>end_users and third parties authorised by an high_tag_cloud' title='definition'>end_user, at their request and free of charge, with effective portability of high_tag_cloud' title='definition'>data provided by the high_tag_cloud' title='definition'>end_user or generated through the activity of the high_tag_cloud' title='definition'>end_user in the context of the use of the relevant high_tag_cloud' title='definition'>core_platform_service, including by providing, free of charge, tools to facilitate the effective exercise of such high_tag_cloud' title='definition'>data portability, and including by the provision of continuous and real-time access to such high_tag_cloud' title='definition'>data.
10. The high_tag_cloud' title='definition'>gatekeeper shall provide high_tag_cloud' title='definition'>business_users and third parties authorised by a high_tag_cloud' title='definition'>business_user, at their request, free of charge, with effective, high-quality, continuous and real-time access to, and use of, aggregated and non-aggregated high_tag_cloud' title='definition'>data, including personal high_tag_cloud' title='definition'>data, that is provided for or generated in the context of the use of the relevant high_tag_cloud' title='definition'>core_platform_services or services provided together with, or in support of, the relevant high_tag_cloud' title='definition'>core_platform_services by those high_tag_cloud' title='definition'>business_users and the high_tag_cloud' title='definition'>end_users engaging with the products or services provided by those high_tag_cloud' title='definition'>business_users. With regard to personal high_tag_cloud' title='definition'>data, the high_tag_cloud' title='definition'>gatekeeper shall provide for such access to, and use of, personal high_tag_cloud' title='definition'>data only where the high_tag_cloud' title='definition'>data are directly connected with the use effectuated by the high_tag_cloud' title='definition'>end_users in respect of the products or services offered by the relevant high_tag_cloud' title='definition'>business_user through the relevant high_tag_cloud' title='definition'>core_platform_service, and when the high_tag_cloud' title='definition'>end_users opt in to such sharing by giving their high_tag_cloud' title='definition'>consent.
11. The high_tag_cloud' title='definition'>gatekeeper shall provide to any third-party high_tag_cloud' title='definition'>undertaking providing high_tag_cloud' title='definition'>online_search_engines, at its request, with access on fair, reasonable and non-discriminatory terms to high_tag_cloud' title='definition'>ranking, query, click and view high_tag_cloud' title='definition'>data in relation to free and paid search generated by high_tag_cloud' title='definition'>end_users on its high_tag_cloud' title='definition'>online_search_engines. Any such query, click and view high_tag_cloud' title='definition'>data that constitutes personal high_tag_cloud' title='definition'>data shall be anonymised.
12. The high_tag_cloud' title='definition'>gatekeeper shall apply fair, reasonable, and non-discriminatory general conditions of access for high_tag_cloud' title='definition'>business_users to its high_tag_cloud' title='definition'>software_application_stores, high_tag_cloud' title='definition'>online_search_engines and high_tag_cloud' title='definition'>online_social_networking_services listed in the designation decision pursuant to Article 3(9).
For that purpose, the high_tag_cloud' title='definition'>gatekeeper shall publish general conditions of access, including an alternative dispute settlement mechanism.
The Commission shall assess whether the published general conditions of access comply with this paragraph.
13. The high_tag_cloud' title='definition'>gatekeeper shall not have general conditions for terminating the provision of a high_tag_cloud' title='definition'>core_platform_service that are disproportionate. The high_tag_cloud' title='definition'>gatekeeper shall ensure that the conditions of termination can be exercised without undue difficulty.
Article 35
Annual reporting
1. The Commission shall submit to the European Parliament and to the Council an annual report on the implementation of this Regulation and the progress made towards achieving its objectives.
2. The report referred to in paragraph 1 shall include:
| (a) | a summary of the Commission’s activities including any adopted measures or decisions and ongoing market investigations in connection with this Regulation; |
| (b) | the findings resulting from the monitoring of the implementation by the high_tag_cloud' title='definition'>gatekeepers of the obligations under this Regulation; |
| (c) | an assessment of the audited description referred to in Article 15; |
| (d) | an overview of the cooperation between the Commission and national authorities in connection with this Regulation; |
| (e) | an overview of the activities and tasks performed by the high Level Group of Digital Regulators, including how its recommendations as regards the enforcement of this Regulation are to be implemented. |
3. The Commission shall publish the report on its website.
Article 40
The high-level group
1. The Commission shall establish a high-level group for the Digital Markets Act (‘the high-level group’).
2. The high-level group shall be composed of the following European bodies and networks:
| (a) | Body of the European Regulators for Electronic Communications; |
| (b) | European Data Protection Supervisor and European Data Protection Board; |
| (c) | European Competition Network; |
| (d) | Consumer Protection Cooperation Network; and |
| (e) | European Regulatory Group of Audiovisual Media Regulators. |
3. The European bodies and networks referred to in paragraph 2 shall each have an equal number of representatives in the high-level group. The maximum number of members of the high-level group shall not exceed 30.
4. The Commission shall provide secretariat services to the high-level group in order to facilitate its work. The high-level group shall be chaired by the Commission, which shall participate in its meetings. The high-level group shall meet upon request of the Commission at least once per calendar year. The Commission shall also convene a meeting of the group when so requested by the majority of the members composing the group in order to address a specific issue.
5. The high-level group may provide the Commission with advice and expertise in the areas falling within the competences of its members, including:
| (a) | advice and recommendations within their expertise relevant for any general matter of implementation or enforcement of this Regulation; or |
| (b) | advice and expertise promoting a consistent regulatory approach across different regulatory instruments. |
6. The high-level group may, in particular, identify and assess the current and potential interactions between this Regulation and the sector-specific rules applied by the national authorities composing the European bodies and networks referred to in paragraph 2 and submit an annual report to the Commission presenting such assessment and identifying potential trans-regulatory issues. Such report may be accompanied by recommendations aiming at converging towards consistent transdisciplinary approaches and synergies between the implementation of this Regulation and other sectoral regulations. The report shall be communicated to the European Parliament and to the Council.
7. In the context of market investigations into new services and new practices, the high-level group may provide expertise to the Commission on the need to amend, add or remove rules in this Regulation, to ensure that digital markets across the Union are contestable and fair.
Article 54
Entry into force and application
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 2 May 2023.
However, Article 3(6) and (7) and Articles 40, 46, 47, 48, 49 and 50 shall apply from 1 November 2022 and Article 42 and Article 43 shall apply from 25 June 2023.
Nevertheless, if the date of 25 June 2023 precedes the date of application referred to in the second paragraph of this Article, the application of Article 42 and Article 43 shall be postponed until the date of application referred to in the second paragraph of this Article.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 14 September 2022.
For the European Parliament
The President
R. METSOLA
For the Council
The President
M. BEK
(1) OJ C 286, 16.7.2021, p. 64.
(2) OJ C 440, 29.10.2021, p. 67.
(3) Position of the European Parliament of 5 July 2022 (not yet published in the Official Journal) and decision of the Council of 18 July 2022.
(4) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal high_tag_cloud' title='definition'>data and on the free movement of such high_tag_cloud' title='definition'>data, and repealing Directive 95/46/EC ( high_tag_cloud' title='definition'>General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
(5) Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for high_tag_cloud' title='definition'>business_users of high_tag_cloud' title='definition'>online_intermediation_services (OJ L 186, 11.7.2019, p. 57).
(6) Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal high_tag_cloud' title='definition'>data and the protection of privacy in the electronic communications sector (OJ L 201, 31.7.2002, p. 37).
(7) Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (OJ L 149, 11.6.2005, p. 22).
(8) Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1).
(9) Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on high_tag_cloud' title='definition'>payment_services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC (OJ L 337, 23.12.2015, p. 35).
(10) Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (OJ L 130, 17.5.2019, p. 92).
(11) Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70).
(12) Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29).
(13) Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (OJ L 241, 17.9.2015, p. 1).
(14) Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (OJ L 321, 17.12.2018, p. 36).
(15) Directive (EU) 2016/2102 of the European Parliament and of the Council of 26 October 2016 on the accessibility of the websites and mobile applications of public sector bodies (OJ L 327, 2.12.2016, p. 1).
(16) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for high_tag_cloud' title='definition'>control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
(17) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal high_tag_cloud' title='definition'>data by the Union institutions, bodies, offices and agencies and on the free movement of such high_tag_cloud' title='definition'>data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).
(18) Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ L 1, 4.1.2003, p. 1).
(19) OJ L 123, 12.5.2016, p. 1.
(20) Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (OJ L 305, 26.11.2019, p. 17).
(21) Directive (EU) 2020/1828 of the European Parliament and of the Council of 25 November 2020 on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC (OJ L 409, 4.12.2020, p. 1).
(22) OJ C 147, 26.4.2021, p. 4.
(23) Council Regulation (EC) No 139/2004 of 20 January 2004 on the high_tag_cloud' title='definition'>control of concentrations between high_tag_cloud' title='definition'>undertakings (the EC Merger Regulation) (OJ L 24, 29.1.2004, p. 1).
(24) Directive (EU) 2016/1148 of the European Parliament and of the Council of 6 July 2016 concerning measures for a high common level of security of network and information systems across the Union (OJ L 194, 19.7.2016, p. 1).
ANNEX
A. ‘ high_tag_cloud' title='definition'>General’
| 1. | This Annex aims at specifying the methodology for identifying and calculating the ‘active high_tag_cloud' title='definition'>end_users’ and the ‘active high_tag_cloud' title='definition'>business_users’ for each high_tag_cloud' title='definition'>core_platform_service listed in Article 2, point (2). It provides a reference to enable an high_tag_cloud' title='definition'>undertaking to assess whether its high_tag_cloud' title='definition'>core_platform_services meet the quantitative thresholds set out in Article 3(2), point (b) and would therefore be presumed to meet the requirement in Article 3(1), point (b). Such reference will therefore equally be of relevance to any broader assessment under Article 3(8). It is the responsibility of the high_tag_cloud' title='definition'>undertaking to come to the best approximation possible in line with the common principles and specific methodology set out in this Annex. Nothing in this Annex precludes the Commission, within the time limits laid down in the relevant provisions of this Regulation, from requiring the high_tag_cloud' title='definition'>undertaking providing high_tag_cloud' title='definition'>core_platform_services to provide any information necessary to identify and calculate the ‘active high_tag_cloud' title='definition'>end_users’ and the ‘active high_tag_cloud' title='definition'>business_users’. Nothing in this Annex should constitute a legal basis for tracking users. The methodology contained in this Annex is also without prejudice to any of the obligations laid down in this Regulation, notably in Article 3(3) and (8) and Article 13(3). In particular, the required compliance with Article 13(3) also means identifying and calculating ‘active high_tag_cloud' title='definition'>end_users’ and ‘active high_tag_cloud' title='definition'>business_users’ based either on a precise measurement or on the best approximation available, in line with the actual identification and calculation capacities that the high_tag_cloud' title='definition'>undertaking providing high_tag_cloud' title='definition'>core_platform_services possesses at the relevant point in time. Those measurements or the best approximation available shall be consistent with, and include, those reported under Article 15. |
| 2. | Article 2, points (20) and (21) set out the definitions of ‘ high_tag_cloud' title='definition'>end_user’ and ‘ high_tag_cloud' title='definition'>business_user’, which are common to all high_tag_cloud' title='definition'>core_platform_services. |
| 3. | In order to identify and calculate the number of ‘active high_tag_cloud' title='definition'>end_users’ and ‘active high_tag_cloud' title='definition'>business_users’, this Annex refers to the concept of ‘unique users’. The concept of ‘unique users’ encompasses ‘active high_tag_cloud' title='definition'>end_users’ and ‘active high_tag_cloud' title='definition'>business_users’ counted only once, for the relevant high_tag_cloud' title='definition'>core_platform_service, over the course of a specified time period (i.e. month in case of ‘active high_tag_cloud' title='definition'>end_users’ and year in case of ‘active high_tag_cloud' title='definition'>business_users’), no matter how many times they engaged with the relevant high_tag_cloud' title='definition'>core_platform_service over that period. This is without prejudice to the fact that the same natural or legal person can simultaneously constitute an ‘active high_tag_cloud' title='definition'>end_user’ or an ‘active high_tag_cloud' title='definition'>business_user’ for different high_tag_cloud' title='definition'>core_platform_services. |
B. ‘Active high_tag_cloud' title='definition'>end_users’
| 1. | The number of ‘unique users’ as regards ‘active high_tag_cloud' title='definition'>end_users’ shall be identified according to the most accurate metric reported by the high_tag_cloud' title='definition'>undertaking providing any of the high_tag_cloud' title='definition'>core_platform_services, specifically:
|
| 2. | The number of ‘monthly active high_tag_cloud' title='definition'>end_users’ is based on the average number of monthly active high_tag_cloud' title='definition'>end_users throughout the largest part of the financial year. The notion ‘the largest part of the financial year’ is intended to allow an high_tag_cloud' title='definition'>undertaking providing high_tag_cloud' title='definition'>core_platform_services to discount outlier figures in a given year. Outlier figures inherently mean figures that fall significantly outside the normal and foreseeable figures. An unforeseen peak or drop in user engagement that occurred during a single month of the financial year is an example of what could constitute such outlier figures. Figures related to annually recurring occurrences, such as annual sales promotions, are not outlier figures. |
C. ‘Active high_tag_cloud' title='definition'>business_users’
The number of ‘unique users’ as regards ‘active high_tag_cloud' title='definition'>business_users’ is to be determined, where applicable, at the account level with each distinct business account associated with the use of a high_tag_cloud' title='definition'>core_platform_service provided by the high_tag_cloud' title='definition'>undertaking constituting one unique high_tag_cloud' title='definition'>business_user of that respective high_tag_cloud' title='definition'>core_platform_service. If the notion of ‘business account’ does not apply to a given high_tag_cloud' title='definition'>core_platform_service, the relevant high_tag_cloud' title='definition'>undertaking providing high_tag_cloud' title='definition'>core_platform_services shall determine the number of unique high_tag_cloud' title='definition'>business_users by referring to the relevant high_tag_cloud' title='definition'>undertaking.
D. ‘ high_tag_cloud' title='definition'>Submission_of_information’
| 1. | The high_tag_cloud' title='definition'>undertaking submitting to the Commission pursuant to Article 3(3) information concerning the number of active high_tag_cloud' title='definition'>end_users and active high_tag_cloud' title='definition'>business_users per high_tag_cloud' title='definition'>core_platform_service shall be responsible for ensuring the completeness and accuracy of that information. In that regard:
|
| 2. | For the purpose of calculating the number of ‘active high_tag_cloud' title='definition'>end_users’ and ‘active high_tag_cloud' title='definition'>business_users’:
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E. ‘ high_tag_cloud' title='definition'>Specific_definitions’
The table below sets out specific definitions of ‘active high_tag_cloud' title='definition'>end_users’ and ‘active high_tag_cloud' title='definition'>business_users’ for each high_tag_cloud' title='definition'>core_platform_service.
| Core platform services | Active high_tag_cloud' title='definition'>end_users | Active high_tag_cloud' title='definition'>business_users |
| Online intermediation services | Number of unique high_tag_cloud' title='definition'>end_users who engaged with the online intermediation service at least once in the month for example through actively logging-in, making a query, clicking or scrolling or concluded a transaction through the online intermediation service at least once in the month. | Number of unique high_tag_cloud' title='definition'>business_users who had at least one item listed in the online intermediation service during the whole year or concluded a transaction enabled by the online intermediation service during the year. |
| Online search engines | Number of unique high_tag_cloud' title='definition'>end_users who engaged with the high_tag_cloud' title='definition'>online_search_engine at least once in the month, for example through making a query. | Number of unique high_tag_cloud' title='definition'>business_users with business websites (i.e. website used in commercial or professional capacity) indexed by or part of the index of the high_tag_cloud' title='definition'>online_search_engine during the year. |
| Online social networking services | Number of unique high_tag_cloud' title='definition'>end_users who engaged with the high_tag_cloud' title='definition'>online_social_networking_service at least once in the month, for example through actively logging-in, opening a page, scrolling, clicking, liking, making a query, posting or commenting. | Number of unique high_tag_cloud' title='definition'>business_users who have a business listing or business account in the high_tag_cloud' title='definition'>online_social_networking_service and have engaged in any way with the service at least once during the year, for example through actively logging-in, opening a page, scrolling, clicking, liking, making a query, posting, commenting or using its tools for businesses. |
| Video-sharing platform services | Number of unique high_tag_cloud' title='definition'>end_users who engaged with the high_tag_cloud' title='definition'>video-sharing_platform_service at least once in the month, for example through playing a segment of audiovisual content, making a query or uploading a piece of audiovisual content, notably including user-generated videos. | Number of unique high_tag_cloud' title='definition'>business_users who provided at least one piece of audiovisual content uploaded or played on the high_tag_cloud' title='definition'>video-sharing_platform_service during the year. |
| Number-independent interpersonal communication services | Number of unique high_tag_cloud' title='definition'>end_users who initiated or participated in any way in a communication through the number-independent interpersonal communication service at least once in the month. | Number of unique high_tag_cloud' title='definition'>business_users who used a business account or otherwise initiated or participated in any way in a communication through the number-independent interpersonal communication service to communicate directly with an high_tag_cloud' title='definition'>end_user at least once during the year. |
| Operating systems | Number of unique high_tag_cloud' title='definition'>end_users who utilised a device with the high_tag_cloud' title='definition'>operating_system, which has been activated, updated or used at least once in the month. | Number of unique developers who published, updated or offered at least one high_tag_cloud' title='definition'>software_application or software program using the programming language or any software development tools of, or running in any way on, the high_tag_cloud' title='definition'>operating_system during the year. |
| Virtual assistant | Number of unique high_tag_cloud' title='definition'>end_users who engaged with the high_tag_cloud' title='definition'>virtual_assistant in any way at least once in the month, such as for example through activating it, asking a question, accessing a service through a command or high_tag_cloud' title='definition'>controlling a smart home device. | Number of unique developers who offered at least one high_tag_cloud' title='definition'>virtual_assistant high_tag_cloud' title='definition'>software_application or a functionality to make an existing high_tag_cloud' title='definition'>software_application accessible through the high_tag_cloud' title='definition'>virtual_assistant during the year. |
| Web browsers | Number of unique high_tag_cloud' title='definition'>end_users who engaged with the high_tag_cloud' title='definition'>web_browser at least once in the month, for example through inserting a query or website address in the URL line of the high_tag_cloud' title='definition'>web_browser. | Number of unique high_tag_cloud' title='definition'>business_users whose business websites (i.e. website used in commercial or professional capacity) have been accessed via the high_tag_cloud' title='definition'>web_browser at least once during the year or who offered a plug-in, extension or add-ons used on the high_tag_cloud' title='definition'>web_browser during the year. |
| Cloud computing services | Number of unique high_tag_cloud' title='definition'>end_users who engaged with any high_tag_cloud' title='definition'>cloud_computing_services from the relevant provider of high_tag_cloud' title='definition'>cloud_computing_services at least once in the month, in return for any type of remuneration, regardless of whether this remuneration occurs in the same month. | Number of unique high_tag_cloud' title='definition'>business_users who provided any high_tag_cloud' title='definition'>cloud_computing_services hosted in the cloud infrastructure of the relevant provider of high_tag_cloud' title='definition'>cloud_computing_services during the year. |
| Online advertising services | For proprietary sales of advertising space: Number of unique high_tag_cloud' title='definition'>end_users who were exposed to an advertisement impression at least once in the month. For advertising intermediation services (including advertising networks, advertising exchanges and any other advertising intermediation services): Number of unique high_tag_cloud' title='definition'>end_users who were exposed to an advertisement impression which triggered the advertising intermediation service at least once in the month. | For proprietary sales of advertising space: Number of unique advertisers who had at least one advertisement impression displayed during the year. For advertising intermediation services (including advertising networks, advertising exchanges and any other advertising intermediation services): Number of unique high_tag_cloud' title='definition'>business_users (including advertisers, publishers or other intermediators) who interacted via or were served by the advertising intermediation service during the year. |