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Article 1

Subject matter

1.   The aim of this Regulation is to contribute to the proper functioning of the internal market for intermediary_services by setting out harmonised rules for a safe, predictable and trusted online environment that facilitates innovation and in which fundamental rights enshrined in the Charter, including the principle of consumer protection, are effectively protected.

2.   This Regulation lays down harmonised rules on the provision of intermediary_services in the internal market. In particular, it establishes:

(a)

a framework for the conditional exemption from liability of providers of intermediary_services;

(b)

rules on specific due diligence obligations tailored to certain specific categories of providers of intermediary_services;

(c)

rules on the implementation and enforcement of this Regulation, including as regards the cooperation of and coordination between the competent authorities.

Article 3

Definitions

For the purpose of this Regulation, the following definitions shall apply:

(a)

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

(b)

‘ recipient_of_the_service’ means any natural or legal person who uses an intermediary_service, in particular for the purposes of seeking information or making it accessible;

(c)

‘ consumer’ means any natural person who is acting for purposes which are outside his or her trade, business, craft, or profession;

(d)

‘ to_offer_services_in_the_Union’ means enabling natural or legal persons in one or more Member States to use the services of a provider of intermediary_services that has a substantial_connection_to_the_Union;

(e)

‘ substantial_connection_to_the_Union’ means a connection of a provider of intermediary_services with the Union resulting either from its establishment in the Union or from specific factual criteria, such as:

—

a significant number of recipients of the service in one or more Member States in relation to its or their population; or

—

the targeting of activities towards one or more Member States;

(f)

‘ trader’ means any natural person, or any legal person irrespective of whether it is privately or publicly owned, who is acting, including through any person acting in his or her name or on his or her behalf, for purposes relating to his or her trade, business, craft or profession;

(g)

‘ intermediary_service’ means one of the following information_society_services:

(i)

a ‘ mere_conduit’ service, consisting of the transmission in a communication network of information provided by a recipient_of_the_service, or the provision of access to a communication network;

(ii)

a ‘ caching’ service, consisting of the transmission in a communication network of information provided by a recipient_of_the_service, involving the automatic, intermediate and temporary storage of that information, performed for the sole purpose of making more efficient the information's onward transmission to other recipients upon their request;

(iii)

a ‘ hosting’ service, consisting of the storage of information provided by, and at the request of, a recipient_of_the_service;

(h)

‘ illegal_content’ means any information that, in itself or in relation to an activity, including the sale of products or the provision of services, is not in compliance with Union law or the law of any Member State which is in compliance with Union law, irrespective of the precise subject matter or nature of that law;

(i)

‘ online_platform’ means a hosting service that, at the request of a recipient_of_the_service, stores and disseminates information to the public, unless that activity is a minor and purely ancillary feature of another service or a minor functionality of the principal service and, for objective and technical reasons, cannot be used without that other service, and the integration of the feature or functionality into the other service is not a means to circumvent the applicability of this Regulation;

(j)

‘ online_search_engine’ means an intermediary_service that allows users to input queries in order to perform searches of, in principle, all websites, or all websites in a particular language, on the basis of a query on any subject in the form of a keyword, voice request, phrase or other input, and returns results in any format in which information related to the requested content can be found;

(k)

‘ dissemination_to_the_public’ means making information available, at the request of the recipient_of_the_service who provided the information, to a potentially unlimited number of third parties;

(l)

‘ distance_contract’ means ‘ distance_contract’ as defined in Article 2, point (7), of Directive 2011/83/EU;

(m)

‘ online_interface’ means any software, including a website or a part thereof, and applications, including mobile applications;

(n)

‘ Digital_Services_Coordinator_of_establishment’ means the Digital Services Coordinator of the Member State where the main establishment of a provider of an intermediary_service is located or its legal representative resides or is established;

(o)

‘ Digital_Services_Coordinator_of_destination’ means the Digital Services Coordinator of a Member State where the intermediary_service is provided;

(p)

‘active recipient of an online_platform’ means a recipient_of_the_service that has engaged with an online_platform by either requesting the online_platform to host information or being exposed to information hosted by the online_platform and disseminated through its online_interface;

(q)

‘active recipient of an online_search_engine’ means a recipient_of_the_service that has submitted a query to an online_search_engine and been exposed to information indexed and presented on its online_interface;

(r)

‘ advertisement’ means information designed to promote the message of a legal or natural person, irrespective of whether to achieve commercial or non-commercial purposes, and presented by an online_platform on its online_interface against remuneration specifically for promoting that information;

(s)

‘ recommender_system’ means a fully or partially automated system used by an online_platform to suggest in its online_interface specific information to recipients of the service or prioritise that information, including as a result of a search initiated by the recipient_of_the_service or otherwise determining the relative order or prominence of information displayed;

(t)

‘ content_moderation’ means the activities, whether automated or not, undertaken by providers of intermediary_services, that are aimed, in particular, at detecting, identifying and addressing illegal_content or information incompatible with their terms_and_conditions, provided by recipients of the service, including measures taken that affect the availability, visibility, and accessibility of that illegal_content or that information, such as demotion, demonetisation, disabling of access to, or removal thereof, or that affect the ability of the recipients of the service to provide that information, such as the termination or suspension of a recipient’s account;

(u)

‘ terms_and_conditions’ means all clauses, irrespective of their name or form, which govern the contractual relationship between the provider of intermediary_services and the recipients of the service;

(v)

‘ persons_with_disabilities’ means ‘ persons_with_disabilities’ as referred to in Article 3, point (1), of Directive (EU) 2019/882 of the European Parliament and of the Council (38);

(w)

‘ commercial_communication’ means ‘ commercial_communication’ as defined in Article 2, point (f), of Directive 2000/31/EC;

(x)

‘ turnover’ means the amount derived by an undertaking within the meaning of Article 5(1) of Council Regulation (EC) No 139/2004 (39).

CHAPTER II

LIABILITY OF PROVIDERS OF INTERMEDIARY SERVICES

Article 9

Orders to act against illegal_content

1.   Upon the receipt of an order to act against one or more specific items of illegal_content, issued by the relevant national judicial or administrative authorities, on the basis of the applicable Union law or national law in compliance with Union law, providers of intermediary_services shall inform the authority issuing the order, or any other authority specified in the order, of any effect given to the order without undue delay, specifying if and when effect was given to the order.

2.   Member States shall ensure that when an order referred to in paragraph 1 is transmitted to the provider, it meets at least the following conditions:

(a)

that order contains the following elements:

(i)

a reference to the legal basis under Union or national law for the order;

(ii)

a statement of reasons explaining why the information is illegal_content, by reference to one or more specific provisions of Union law or national law in compliance with Union law;

(iii)

information identifying the issuing authority;

(iv)

clear information enabling the provider of intermediary_services to identify and locate the illegal_content concerned, such as one or more exact URL and, where necessary, additional information;

(v)

information about redress mechanisms available to the provider of intermediary_services and to the recipient_of_the_service who provided the content;

(vi)

where applicable, information about which authority is to receive the information about the effect given to the orders;

(b)

the territorial scope of that order, on the basis of the applicable rules of Union and national law, including the Charter, and, where relevant, general principles of international law, is limited to what is strictly necessary to achieve its objective;

(c)

that order is transmitted in one of the languages declared by the provider of intermediary_services pursuant to Article 11(3) or in another official language of the Member States, agreed between the authority issuing the order and that provider, and is sent to the electronic point of contact designated by that provider, in accordance with Article 11; where the order is not drafted in the language declared by the provider of intermediary_services or in another bilaterally agreed language, the order may be transmitted in the language of the authority issuing the order, provided that it is accompanied by a translation into such declared or bilaterally agreed language of at least the elements set out in points (a) and (b) of this paragraph.

3.   The authority issuing the order or, where applicable, the authority specified therein, shall transmit it, along with any information received from the provider of intermediary_services concerning the effect given to that order to the Digital Services Coordinator from the Member State of the issuing authority.

4.   After receiving the order from the judicial or administrative authority, the Digital Services Coordinator of the Member State concerned shall, without undue delay, transmit a copy of the order referred to in paragraph 1 of this Article to all other Digital Services Coordinators through the system established in accordance with Article 85.

5.   At the latest when effect is given to the order or, where applicable, at the time provided by the issuing authority in its order, providers of intermediary_services shall inform the recipient_of_the_service concerned of the order received and to the effect given to it. Such information provided to the recipient_of_the_service shall include a statement of reasons, the possibilities for redress that exist, and a description of the territorial scope of the order, in accordance with paragraph 2.

6.   The conditions and requirements laid down in this Article shall be without prejudice to national civil and criminal procedural law.

Article 10

Orders to provide information

1.   Upon receipt of an order to provide specific information about one or more specific individual recipients of the service, issued by the relevant national judicial or administrative authorities on the basis of the applicable Union law or national law in compliance with Union law, providers of intermediary_services shall, without undue delay inform the authority issuing the order, or any other authority specified in the order, of its receipt and of the effect given to the order, specifying if and when effect was given to the order.

2.   Member States shall ensure that when an order referred to in paragraph 1 is transmitted to the provider, it meets at least the following conditions:

(a)

that order contains the following elements:

(i)

a reference to the legal basis under Union or national law for the order;

(ii)

information identifying the issuing authority;

(iii)

clear information enabling the provider of intermediary_services to identify the specific recipient or recipients on whom information is sought, such as one or more account names or unique identifiers;

(iv)

a statement of reasons explaining the objective for which the information is required and why the requirement to provide the information is necessary and proportionate to determine compliance by the recipients of the intermediary_services with applicable Union law or national law in compliance with Union law, unless such a statement cannot be provided for reasons related to the prevention, investigation, detection and prosecution of criminal offences;

(v)

information about redress mechanisms available to the provider and to the recipients of the service concerned;

(vi)

where applicable, information about which authority is to receive the information about the effect given to the orders;

(b)

that order only requires the provider to provide information already collected for the purposes of providing the service and which lies within its control;

(c)

that order is transmitted in one of the languages declared by the provider of intermediary_services pursuant to Article 11(3) or in another official language of the Member States, agreed between the authority issuing the order and the provider, and is sent to the electronic point of contact designated by that provider, in accordance with Article 11; where the order is not drafted in the language declared by the provider of intermediary_services or in another bilaterally agreed language, the order may be transmitted in the language of the authority issuing the order, provided that it is accompanied by a translation into such declared or bilaterally agreed language of at least the elements set out in points (a) and (b) of this paragraph.

3.   The authority issuing the order or, where applicable, the authority specified therein, shall transmit it, along with any information received from the provider of intermediary_services concerning the effect given to that order to the Digital Services Coordinator from the Member State of the issuing authority.

4.   After receiving the order from the judicial or administrative authority, the Digital Services Coordinator of the Member State concerned shall, without undue delay, transmit a copy of the order referred to in paragraph 1 of this Article to all Digital Services Coordinators through the system established in accordance with Article 85.

5.   At the latest when effect is given to the order, or, where applicable, at the time provided by the issuing authority in its order, providers of intermediary_services shall inform the recipient_of_the_service concerned of the order received and the effect given to it. Such information provided to the recipient_of_the_service shall include a statement of reasons and the possibilities for redress that exist, in accordance with paragraph 2.

6.   The conditions and requirements laid down in this Article shall be without prejudice to national civil and criminal procedural law.

CHAPTER III

DUE DILIGENCE OBLIGATIONS FOR A TRANSPARENT AND SAFE ONLINE ENVIRONMENT

SECTION 1

Provisions applicable to all providers of intermediary_services

Article 24

Transparency reporting obligations for providers of online_platforms

1.   In addition to the information referred to in Article 15, providers of online_platforms shall include in the reports referred to in that Article information on the following:

(a)

the number of disputes submitted to the out-of-court dispute settlement bodies referred to in Article 21, the outcomes of the dispute settlement, and the median time needed for completing the dispute settlement procedures, as well as the share of disputes where the provider of the online_platform implemented the decisions of the body;

(b)

the number of suspensions imposed pursuant to Article 23, distinguishing between suspensions enacted for the provision of manifestly illegal_content, the submission of manifestly unfounded notices and the submission of manifestly unfounded complaints.

2.   By 17 February 2023 and at least once every six months thereafter, providers shall publish for each online_platform or online_search_engine, in a publicly available section of their online_interface, information on the average monthly active recipients of the service in the Union, calculated as an average over the period of the past six months and in accordance with the methodology laid down in the delegated acts referred to in Article 33(3), where those delegated acts have been adopted.

3.   Providers of online_platforms or of online_search_engines shall communicate to the Digital_Services_Coordinator_of_establishment and the Commission, upon their request and without undue delay, the information referred to in paragraph 2, updated to the moment of such request. That Digital Services Coordinator or the Commission may require the provider of the online_platform or of the online_search_engine to provide additional information as regards the calculation referred to in that paragraph, including explanations and substantiation in respect of the data used. That information shall not include personal data.

4.   When the Digital_Services_Coordinator_of_establishment has reasons to consider, based the information received pursuant to paragraphs 2 and 3 of this Article, that a provider of online_platforms or of online_search_engines meets the threshold of average monthly active recipients of the service in the Union laid down in Article 33(1), it shall inform the Commission thereof.

5.   Providers of online_platforms shall, without undue delay, submit to the Commission the decisions and the statements of reasons referred to in Article 17(1) for the inclusion in a publicly accessible machine-readable database managed by the Commission. Providers of online_platforms shall ensure that the information submitted does not contain personal data.

6.   The Commission may adopt implementing acts to lay down templates concerning the form, content and other details of reports pursuant to paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 88.

Article 44

Standards

1.   The Commission shall consult the Board, and shall support and promote the development and implementation of voluntary standards set by relevant European and international standardisation bodies, at least in respect of the following:

(a)

electronic submission of notices under Article 16;

(b)

templates, design and process standards for communicating with the recipients of the service in a user-friendly manner on restrictions resulting from terms_and_conditions and changes thereto;

(c)

electronic submission of notices by trusted flaggers under Article 22, including through application programming interfaces;

(d)

specific interfaces, including application programming interfaces, to facilitate compliance with the obligations set out in Articles 39 and 40;

(e)

auditing of very large online_platforms and of very large online_search_engines pursuant to Article 37;

(f)

interoperability of the advertisement repositories referred to in Article 39(2);

(g)

transmission of data between advertising intermediaries in support of transparency obligations pursuant to Article 26(1), points (b), (c) and (d);

(h)

technical measures to enable compliance with obligations relating to advertising contained in this Regulation, including the obligations regarding prominent markings for advertisements and commercial_communications referred to in Article 26;

(i)

choice interfaces and presentation of information on the main parameters of different types of recommender_systems, in accordance with Articles 27 and 38;

(j)

standards for targeted measures to protect minors online.

2.   The Commission shall support the update of the standards in the light of technological developments and the behaviour of the recipients of the services in question. The relevant information regarding the update of the standards shall be publicly available and easily accessible.

Article 45

Codes of conduct

1.   The Commission and the Board shall encourage and facilitate the drawing up of voluntary codes of conduct at Union level to contribute to the proper application of this Regulation, taking into account in particular the specific challenges of tackling different types of illegal_content and systemic risks, in accordance with Union law in particular on competition and the protection of personal data.

2.   Where significant systemic risk within the meaning of Article 34(1) emerge and concern several very large online_platforms or very large online_search_engines, the Commission may invite the providers of very large online_platforms concerned or the providers of very large online_search_engines concerned, and other providers of very large online_platforms, of very large online_search_engines, of online_platforms and of other intermediary_services, as appropriate, as well as relevant competent authorities, civil society organisations and other relevant stakeholders, to participate in the drawing up of codes of conduct, including by setting out commitments to take specific risk mitigation measures, as well as a regular reporting framework on any measures taken and their outcomes.

3.   When giving effect to paragraphs 1 and 2, the Commission and the Board, and where relevant other bodies, shall aim to ensure that the codes of conduct clearly set out their specific objectives, contain key performance indicators to measure the achievement of those objectives and take due account of the needs and interests of all interested parties, and in particular citizens, at Union level. The Commission and the Board shall also aim to ensure that participants report regularly to the Commission and their respective Digital Services Coordinators of establishment on any measures taken and their outcomes, as measured against the key performance indicators that they contain. Key performance indicators and reporting commitments shall take into account differences in size and capacity between different participants.

4.   The Commission and the Board shall assess whether the codes of conduct meet the aims specified in paragraphs 1 and 3, and shall regularly monitor and evaluate the achievement of their objectives, having regard to the key performance indicators that they might contain. They shall publish their conclusions.

The Commission and the Board shall also encourage and facilitate regular review and adaptation of the codes of conduct.

In the case of systematic failure to comply with the codes of conduct, the Commission and the Board may invite the signatories to the codes of conduct to take the necessary action.

Article 49

Competent authorities and Digital Services Coordinators

1.   Member States shall designate one or more competent authorities to be responsible for the supervision of providers of intermediary_services and enforcement of this Regulation (‘competent authorities’).

2.   Member States shall designate one of the competent authorities as their Digital Services Coordinator. The Digital Services Coordinator shall be responsible for all matters relating to supervision and enforcement of this Regulation in that Member State, unless the Member State concerned has assigned certain specific tasks or sectors to other competent authorities. The Digital Services Coordinator shall in any event be responsible for ensuring coordination at national level in respect of those matters and for contributing to the effective and consistent supervision and enforcement of this Regulation throughout the Union.

For that purpose, Digital Services Coordinators shall cooperate with each other, other national competent authorities, the Board and the Commission, without prejudice to the possibility for Member States to provide for cooperation mechanisms and regular exchanges of views between the Digital Services Coordinator and other national authorities where relevant for the performance of their respective tasks.

Where a Member State designates one or more competent authorities in addition to the Digital Services Coordinator, it shall ensure that the respective tasks of those authorities and of the Digital Services Coordinator are clearly defined and that they cooperate closely and effectively when performing their tasks.

3.   Member States shall designate the Digital Services Coordinators by 17 February 2024.

Member States shall make publicly available, and communicate to the Commission and the Board, the name of their competent authority designated as Digital Services Coordinator and information on how it can be contacted. The Member State concerned shall communicate to the Commission and the Board the name of the other competent authorities referred to in paragraph 2, as well as their respective tasks.

4.   The provisions applicable to Digital Services Coordinators set out in Articles 50, 51 and 56 shall also apply to any other competent authorities that the Member States designate pursuant to paragraph 1 of this Article.

Article 79

Right to be heard and access to the file

1.   Before adopting a decision pursuant to Article 73(1), Article 74 or 76, the Commission shall give the provider of the very large online_platform or of the very large online_search_engine concerned or other person referred to in Article 67(1) the opportunity of being heard on:

(a)

preliminary findings of the Commission, including any matter to which the Commission has taken objections; and

(b)

measures that the Commission may intend to take in view of the preliminary findings referred to point (a).

2.   The provider of the very large online_platform or of the very large online_search_engine concerned or other person referred to in Article 67(1) may submit its observations on the Commission’s preliminary findings within a reasonable period set by the Commission in its preliminary findings, which may not be less than 14 days.

3.   The Commission shall base its decisions only on objections on which the parties concerned have been able to comment.

4.   The rights of defence of the parties concerned shall be fully respected in the proceedings. They shall be entitled to have access to the Commission's file under the terms of a negotiated disclosure, subject to the legitimate interest of the provider of the very large online_platform or of the very large online_search_engine or other person concerned in the protection of their business secrets. The Commission shall have the power to adopt decisions setting out such terms of disclosure in case of disagreement between the parties. The right of access to the file of the Commission shall not extend to confidential information and internal documents of the Commission, the Board, Digital Service Coordinators, other competent authorities or other public authorities of the Member States. In particular, the right of access shall not extend to correspondence between the Commission and those authorities. Nothing in this paragraph shall prevent the Commission from disclosing and using information necessary to prove an infringement.

5.   The information collected pursuant to Articles 67, 68 and 69 shall be used only for the purpose of this Regulation.

Article 85

Information sharing system

1.   The Commission shall establish and maintain a reliable and secure information sharing system supporting communications between Digital Services Coordinators, the Commission and the Board. Other competent authorities may be granted access to this system where necessary for them to carry out the tasks conferred to them in accordance with this Regulation.

2.   The Digital Services Coordinators, the Commission and the Board shall use the information sharing system for all communications pursuant to this Regulation.

3.   The Commission shall adopt implementing acts laying down the practical and operational arrangements for the functioning of the information sharing system and its interoperability with other relevant systems. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 88.

Article 93

Entry into force and application

1.   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

2.   This Regulation shall apply from 17 February 2024.

However, Article 24(2), (3) and (6), Article 33(3) to (6), Article 37(7), Article 40(13), Article 43 and Sections 4, 5 and 6 of Chapter IV shall apply from 16 November 2022.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Strasbourg, 19 October 2022.

For the European Parliament

The President

R. METSOLA

For the Council

The President

M. BEK

(1)  OJ C 286, 16.7.2021, p. 70.

(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 4 October 2022.

(4)  Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information_society_services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') (OJ L 178, 17.7.2000, p. 1).

(5)  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).

(6)  Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, p. 1).

(7)  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).

(8)  Regulation (EU) 2019/1148 of the European Parliament and of the Council of 20 June 2019 on the marketing and use of explosives precursors, amending Regulation (EC) No 1907/2006 and repealing Regulation (EU) No 98/2013 (OJ L 186, 11.7.2019, p. 1).

(9)  Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (OJ L 186, 11.7.2019, p. 57).

(10)  Regulation (EU) 2021/784 of the European Parliament and of the Council of 29 April 2021 on addressing the dissemination of the terrorist content online (OJ L 172, 17.5.2021, p. 79).

(11)  Regulation (EU) 2021/1232 of the European Parliament and of the Council of 14 July 2021 on temporary derogation from certain provisions of Directive 2002/58/EC as regards the use of technologies by providers of number-independent interpersonal communications services for the processing of personal and other data for the purpose of combating online child sexual abuse (OJ L 274, 30.7.2021, p. 41).

(12)  Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37).

(13)  Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004 (OJ L 345, 27.12.2017, p. 1).

(14)  Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).

(15)  Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (OJ L 11, 15.1.2002, p. 4).

(16)  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).

(17)  Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64).

(18)  Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (OJ L 165, 18.6.2013, p. 63).

(19)  Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29).

(20)  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 data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

(21)  Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (OJ L 167, 22.6.2001, p. 10).

(22)  Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (OJ L 157, 30.4.2004, p. 45).

(23)  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).

(24)  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).

(25)  Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36).

(26)  Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (OJ L 335, 17.12.2011, p. 1).

(27)  Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA (OJ L 101, 15.4.2011, p. 1).

(28)  Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.3.2017, p. 6).

(29)  Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53).

(30)  Council Directive (EU) 2021/514 of 22 March 2021 amending Directive 2011/16/EU on administrative cooperation in the field of taxation (OJ L 104, 25.3.2021, p. 1).

(31)  Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers (OJ L 80, 18.3.1998, p. 27).

(32)  Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (OJ L 157, 15.6.2016, p. 1).

(33)  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).

(34)  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 control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

(35)  OJ L 123, 12.5.2016, p. 1.

(36)  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 data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).

(37)  OJ C 149, 27.4.2021, p. 3.

(38)  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).

(39)  Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (OJ L 24, 29.1.2004, p. 1).

(40)  Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).

(41)  Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).


whereas
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