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: 'charged' . Output generated live by software developed by IusOnDemand srl- online 20
- shall 18
- users 18
- services 15
- member 13
- public 12
- paragraph 11
- corporate 10
- website 10
- intermediation 10
- search 10
- business 10
- engines 9
- provider 9
- associations 9
- which 9
- bodies 9
- they 8
- state 8
- have 7
- organisations 7
- referred 6
- accordance 6
- through 6
- right 6
- providers 6
- states 6
- list 6
- differentiated 5
- treatment 5
- the 5
- laid 5
- down 5
- action 5
- requirements 5
- relevant 4
- commission 4
- concerned 4
- national 4
- hand 4
- give 4
- such 3
- criteria 3
- before 3
- description 3
- body 3
- association 3
- goods 3
- offered 3
- access 3
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. |
Article 14
Judicial proceedings by representative organisations or associations and by public bodies
1. Organisations and associations that have a legitimate interest in representing business_users or in representing corporate_website_users, as well as public bodies set up in Member States, shall have the right to take action before competent national courts in the Union, in accordance with the rules of the law of the Member State where the action is brought, to stop or prohibit any non-compliance by providers of online_intermediation_services or by providers of online_search_engines, with the relevant requirements laid down in this Regulation.
2. The Commission shall encourage Member States to exchange best practices and information with other Member States, based on registries of unlawful acts which have been subject to injunction orders before national courts, where such registries are set up by relevant public bodies or authorities.
3. Organisations or associations shall have the right referred to in paragraph 1 only where they meet all of the following requirements:
| (a) | they are properly established in accordance with the law of a Member State; |
| (b) | they pursue objectives that are in the collective interest of the group of business_users or corporate_website_users that they represent on a sustained basis; |
| (c) | they are of a non-profit making character; |
| (d) | their decision-making is not unduly influenced by any third party providers of financing, in particular by providers of online_intermediation_services or of online_search_engines. |
To this end, organisations or associations shall fully and publicly disclose information on their membership and source of financing.
4. In Member States where public bodies have been set up, those public bodies shall have the right referred to in paragraph 1, where they are charged with defending the collective interests of business_users or corporate_website_users or with ensuring compliance with the requirements laid down in this Regulation, in accordance with the national law of the Member State concerned.
5. Member States may designate:
| (a) | organisations or associations established in their Member State that meet at least the requirements of paragraph 3 at the request of those organisations or associations; |
| (b) | public bodies set up in their Member State that meet the requirements of paragraph 4 |
that are granted the right referred to in paragraph 1. Member States shall communicate to the Commission the name and purpose of any such designated organisations, associations or public bodies.
6. The Commission shall draw up a list of the organisations, associations and public bodies designated in accordance with paragraph 5. That list shall specify the purpose of those organisations, associations and public bodies. That list shall be published in the Official Journal of the European Union. Changes to the list shall be published without delay and, in any event, an updated list shall be drawn up and published every six months.
7. The court shall accept the list referred to in paragraph 6 as proof of the legal capacity of the organisation, association or public body, without prejudice to the court’s right to examine whether the purpose of the claimant justifies its taking action in a specific case.
8. If a Member State or the Commission raises concerns regarding the compliance, by an organisation or association, with the criteria laid down in paragraph 3, or, by a public body, with the criteria laid down in paragraph 4, the Member State that designated that organisation, association or public body in accordance with paragraph 5 shall investigate the concerns and, where appropriate, revoke the designation if one or more of the criteria are not complied with.
9. The right referred to in paragraph 1 shall be without prejudice to the rights of business_users and corporate_website_users to start any action before competent national courts, in accordance with the rules of the law of the Member State where the action is brought, which is based on individual rights and aims to stop any non-compliance, by providers of online_intermediation_services or providers of online_search_engines, with the relevant requirements laid down in this Regulation.
whereas