keyboard_tab REGIS - Reg. Intermediation Services 2019/1150 ENBG CS DA DE EL EN ES ET FI FR GA HR HU IT LV LT MT NL PL PT RO SK SL SV print pdf 2019/1150 EN Art. 4 . Output generated live by software developed by IusOnDemand srl
- 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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- online 15
- intermediation 15
- services 15
- business 12
- user 12
- provider 9
- termination 8
- shall 7
- decision 5
- statement 5
- concerned 5
- provide 5
- reasons 5
- restriction 5
- provision 5
- suspension 5
- applicable 4
- whole 4
- notice 3
- referred 3
- circumstances 3
- facts 3
- period 3
- paragraph 3
- which 3
- reference 3
- medium 3
- durable 3
- article 3
- does 3
- prior 3
- effect 3
- given 3
- the 2
- delay 2
- including 2
- taking 2
- repeatedly 2
- demonstrate 2
- decides 2
- without 2
- apply 2
- subject 2
- legal 2
- regulatory 2
- obligation 2
- where 2
- undue 2
- infringed 2
- grounds 2
Restriction, suspension and termination
1. Where a provider of online_intermediation_services decides to restrict or suspend the provision of its online_intermediation_services to a given business_user in relation to individual goods or services offered by that business_user, it shall provide the business_user concerned, prior to or at the time of the restriction or suspension taking effect, with a statement of reasons for that decision on a durable_medium.
2. Where a provider of online_intermediation_services decides to terminate the provision of the whole of its online_intermediation_services to a given business_user, it shall provide the business_user concerned, at least 30 days prior to the termination taking effect, with a statement of reasons for that decision on a durable_medium.
3. In the case of restriction, suspension or termination, the provider of online_intermediation_services shall give the business_user the opportunity to clarify the facts and circumstances in the framework of the internal complaint-handling process referred to in Article 11. Where the restriction, suspension or termination is revoked by the provider of online_intermediation_services, it shall reinstate the business_user without undue delay, including providing the business_user with any access to personal or other data, or both, that resulted from its use of the relevant online_intermediation_services prior to the restriction, suspension or termination having taken effect.
4. The notice period in paragraph 2 shall not apply where a provider of online_intermediation_services:
is subject to a legal or regulatory obligation which requires it to terminate the provision of the whole of its online_intermediation_services to a given business_user in a manner which does not allow it to respect that notice period; or
exercises a right of termination under an imperative reason pursuant to national law which is in compliance with Union law;
can demonstrate that the business_user concerned has repeatedly infringed the applicable terms_and_conditions, resulting in the termination of the provision of the whole of the online_intermediation_services in question.
In cases where the notice period in paragraph 2 does not apply, the provider of online_intermediation_services shall provide the business_user concerned, without undue delay, with a statement of reasons for that decision on a durable_medium.
5. The statement of reasons referred to in paragraphs 1, and 2 and in the second subparagraph of paragraph 4 shall contain a reference to the specific facts or circumstances, including contents of third party notifications, that led to the decision of the provider of online_intermediation_services, as well as a reference to the applicable grounds for that decision referred to in point (c) of Article 3(1).
A provider of online_intermediation_services does not have to provide a statement of reasons where it is subject to a legal or regulatory obligation not to provide the specific facts or circumstances or the reference to the applicable ground or grounds, or where a provider of online_intermediation_services can demonstrate that the business_user concerned has repeatedly infringed the applicable terms_and_conditions, resulting in termination of the provision of the whole of the online_intermediation_services in question.
(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...