keyboard_tab REGIS - Reg. Intermediation Services 2019/1150 EN
BG 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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Article 4
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:
(a) | 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 |
(b) | exercises a right of termination under an imperative reason pursuant to national law which is in compliance with Union law; |
(c) | 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.
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