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 cercato: 'ancillary' . Output generated live by software developed by IusOnDemand srl- services 37
- online 32
- which 21
- intermediation 21
- business 19
- users 18
- provider 15
- goods 14
- means 14
- search 13
- through 11
- consumers 10
- engines 9
- website 8
- offered 8
- article 6
- corporate 6
- they 5
- information 5
- description 5
- differentiated 5
- treatment 5
- user 5
- shall 5
- ancillary 5
- purposes 5
- conditions 5
- person 5
- legal 5
- hand 4
- natural 4
- give 4
- offer 4
- concerned 4
- relating 3
- between 3
- access 3
- direct 3
- basis 3
- irrespective 3
- might 3
- provide 3
- controls 3
- itself 3
- trade 3
- including 3
- such 3
- offers 3
- craft 3
- terms 3
Article 2
Definitions
For the purposes of this Regulation, the following definitions apply:
(1) | ‘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; |
(2) | ‘online intermediation services’ means services which meet all of the following requirements:
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(3) | ‘provider of online_intermediation_services’ means any natural or legal person which provides, or which offers to provide, online_intermediation_services to business_users; |
(4) | ‘consumer’ means any natural person who is acting for purposes which are outside this person’s trade, business, craft or profession; |
(5) | ‘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; |
(6) | ‘provider of online_search_engine’ means any natural or legal person which provides, or which offers to provide, online_search_engines to consumers; |
(7) | ‘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; |
(8) | ‘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; |
(9) | ‘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); |
(10) | ‘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; |
(11) | ‘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; |
(12) | ‘mediation’ means any structured process as defined in point (a) of Article 3 of Directive 2008/52/EC; |
(13) | ‘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. |
Article 6
ancillary goods and services
Where ancillary goods and services, including financial products, are offered to consumers through the online_intermediation_services, either by the provider of online_intermediation_services or by third parties, the provider of online_intermediation_services shall set out in its terms_and_conditions a description of the type of ancillary goods and services offered and a description of whether and under which conditions the business_user is also allowed to offer its own ancillary goods and services through the online_intermediation_services.
Article 7
Differentiated treatment
1. Providers of online_intermediation_services shall include in their terms_and_conditions a description of any differentiated treatment which they give, or might give, in relation to goods or services offered to consumers through those online_intermediation_services by, on the one hand, either that provider itself or any business_users which that provider controls and, on the other hand, other business_users. That description shall refer to the main economic, commercial or legal considerations for such differentiated treatment.
2. Providers of online_search_engines shall set out a description of any differentiated treatment which they give, or might give, in relation to goods or services offered to consumers through those online_search_engines by, on the one hand, either that provider itself or any corporate_website_users which that provider controls and, on the other hand, other corporate_website_users.
3. The descriptions referred to in paragraphs 1 and 2 shall cover in particular, where applicable, any differentiated treatment through specific measures taken by, or the behaviour of, the provider of online_intermediation_services or the provider of the online_search_engine relating to any of the following:
(a) | access that the provider, or that the business_users or corporate_website_users which that provider controls, may have to any personal data or other data, or both, which business_users, corporate_website_users or consumers provide for the use of the online_intermediation_services or the online_search_engines concerned or which are generated through the provision of those services; |
(b) | ranking or other settings applied by the provider that influence consumer access to goods or services offered through those online_intermediation_services by other business_users or through those online_search_engines by other corporate_website_users; |
(c) | any direct or indirect remuneration charged for the use of the online_intermediation_services or online_search_engines concerned; |
(d) | access to, conditions for, or any direct or indirect remuneration charged for the use of services or functionalities, or technical interfaces, that are relevant to the business_user or the corporate_website_user and that are directly connected or ancillary to utilising the online_intermediation_services or online_search_engines concerned. |
whereas