- Article 1 Subject matter and scope
- Article 2 Definitions
- Article 3 Terms and conditions
- Article 4 Restriction, suspension and termination
- Article 5 Ranking
- Article 6 Ancillary goods and services
- Article 7 Differentiated treatment
- Article 8 Specific contractual terms
- Article 9 Access to data
- Article 10 Restrictions to offer different conditions through other means
- Article 11 Internal complaint-handling system
- Article 12 Mediation
- Article 13 Specialised mediators
- Article 14 Judicial proceedings by representative organisations or associations and by public bodies
- Article 15 Enforcement
- Article 16 Monitoring
- Article 17 Codes of conduct
- Article 18 Review
- Article 19 Entry into force and application
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- services 17
- means 14
- online 14
- which 13
- business 12
- intermediation 10
- users 8
- goods 7
- search 6
- consumers 6
- person 5
- purposes 5
- information 5
- provider 4
- natural 4
- article 4
- legal 4
- basis 3
- between 3
- offer 3
- meaning 3
- they 3
- engines 3
- services’ 3
- profession 3
- craft 3
- irrespective 3
- trade 3
- through 3
- offered 3
- offers 3
- engine’ 2
- contractual 2
- user 2
- ‘provider 2
- negotiation 2
- provides 2
- applications 2
- determined 2
- provide 2
- decisive 2
- allows 2
- service 2
- including 2
- input 2
- relative 2
- websites 2
- subject 2
- such 2
- thereof 2
For the purposes of this Regulation, the following definitions apply:
‘business user’ means any private individual acting in a commercial or professional capacity who, or any legal person which, through online_intermediation_services offers goods or services to consumers for purposes relating to its trade, business, craft or profession;
‘online intermediation services’ means services which meet all of the following requirements:
‘provider of online_intermediation_services’ means any natural or legal person which provides, or which offers to provide, online_intermediation_services to business_users;
‘consumer’ means any natural person who is acting for purposes which are outside this person’s trade, business, craft or profession;
‘online search engine’ means a digital 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;
‘provider of online_search_engine’ means any natural or legal person which provides, or which offers to provide, online_search_engines to consumers;
‘corporate website user’ means any natural or legal person which uses an online interface, meaning any software, including a website or a part thereof and applications, including mobile applications, to offer goods or services to consumers for purposes relating to its trade, business, craft or profession;
‘ranking’ means the relative prominence given to the goods or services offered through online_intermediation_services, or the relevance given to search results by online_search_engines, as presented, organised or communicated by the providers of online_intermediation_services or by providers of online_search_engines, respectively, irrespective of the technological means used for such presentation, organisation or communication;
‘control’ means ownership of, or the ability to exercise decisive influence over, an undertaking, within the meaning of Article 3(2) of Council Regulation (EC) No 139/2004 (13);
‘terms and conditions’ means all terms_and_conditions or specifications, irrespective of their name or form, which govern the contractual relationship between the provider of online_intermediation_services and its business_users and are unilaterally determined by the provider of online_intermediation_services, that unilateral determination being evaluated on the basis of an overall assessment, for which the relative size of the parties concerned, the fact that a negotiation took place, or that certain provisions thereof might have been subject to such a negotiation and determined together by the relevant provider and business_user is not, in itself, decisive;
‘ancillary goods and services’ means goods and services offered to the consumer prior to the completion of a transaction initiated on the online_intermediation_services in addition to and complementary to the primary good or service offered by the business_user through the online_intermediation_services;
‘mediation’ means any structured process as defined in point (a) of Article 3 of Directive 2008/52/EC;
‘durable medium’ means any instrument which enables business_users to store information addressed personally to them in a way accessible for future reference and for a period of time adequate for the purposes of the information and allows the unchanged reproduction of the information stored.
(1) Online intermediation services are key enablers of entrepreneurship an...
(2) Online intermediation services can be crucial for the commercial succe...
(3) Consumers have embraced the use of online_intermediation_services. A c...
(4) Similarly, online_search_engines can be important sources of Internet ...
(5) The nature of the relationship between providers of online intermediat...
(6) Online intermediation services and online_search_engines, as well as t...
(7) A targeted set of mandatory rules should be established at Union level...
(8) Those rules should also provide for appropriate incentives to promote ...
(9) Since online_intermediation_services and online_search_engines typical...
(10) A wide variety of business-to-consumer relations are intermediated onl...
(11) Examples of online_intermediation_services covered by this Regulation ...
(12) In line with the relevant case-law of the Court of Justice of the Euro...
(13) Considering the quick pace of innovation, the definition of online sea...
(14) Providers of online_intermediation_services tend to use pre-formulated...
(15) To ensure that the general terms_and_conditions of a contractual relat...
(16) In order to ensure that business_users have sufficient clarity regardi...
(17) The ownership and control of intellectual property rights online can h...
(18) Ensuring transparency in the general terms_and_conditions can be essen...
(19) In general, submitting new goods or services, including software appli...
(20) In order to protect business_users and to provide legal certainty for ...
(21) In order to ensure that business_users can fully exploit the commercia...
(22) A provider of online_intermediation_services can have legitimate reaso...
(23) The termination of the whole of the online_intermediation_services and...
(24) The ranking of goods and services by the providers of online intermedi...
(25) The description of the main parameters determining ranking should also...
(26) Similarly, the ranking of websites by the providers of online search e...
(27) Providers of online_intermediation_services or of online_search_engine...
(28) The Commission should develop guidelines to assist providers of online...
(29) Ancillary goods and services should be understood as goods and service...
(30) Where a provider of online_intermediation_services itself offers certa...
(31) Where a provider of an online_search_engine itself offers certain good...
(32) Specific contractual terms should be addressed in this Regulation, in ...
(33) The ability to access and use data, including personal data, can enabl...
(34) In the same vein, it is important for business_users to understand whe...
(35) Those requirements should not be understood as any obligation for prov...
(36) Providers of online_intermediation_services might in certain cases res...
(37) In order to enable business_users, including those whose use of the re...
(38) The requirements of this Regulation regarding the internal complaint-h...
(39) The use of the word ‘internal’ should not be understood as prevent...
(40) Mediation can offer providers of online_intermediation_services and th...
(41) Providers of online_intermediation_services should bear a reasonable p...
(42) Since the providers of online_intermediation_services should always be...
(43) In order to facilitate the settlement of disputes relating to the prov...
(44) Various factors, such as limited financial means, a fear of retaliatio...
(45) The identity of organisations, associations and public bodies which, i...
(46) Member States should be required to ensure adequate and effective enfo...
(47) The Commission should continuously monitor the application of this Reg...
(48) Codes of conduct, drawn up either by the service providers concerned o...
(49) The Commission should periodically evaluate this Regulation and closel...
(50) When providing the information required under this Regulation, account...
(51) Since the objective of this Regulation, namely to ensure a fair, predi...
(52) This Regulation seeks to ensure full respect for the right to an effec...