### 2. paragraph 1 shall not apply to providers of intermediary services that qualify as micro or small enterprises within the meaning of the annex to recommendation 2003/361/ec. ### 2. paragraph 1 shall not apply to providers of intermediary services that qualify as micro or small enterprises within the meaning of the annex to recommendation 2003/361/ec. following an additional individual risk assessment , the digital services coordinator of establishment may extend the exemption to selected medium-sized enterprises within the meaning of the annex to recommendation 2003/361/ec.


### 3. notices that include the elements referred to in paragraph 2 shall be considered to give rise to actual knowledge or awareness for the purposes of article 5 in respect of the specific item of information concerned. ### 3. notices that include the elements referred to in paragraph 2 shall be considered to give rise to actual knowledge or awareness for the purposes of article 5 in respect of the specific item of information concerned where there is no doubt as to the illegality of the specific item of content. in case of uncertainty and after taking reasonable steps to assess the illegality of the specific item of content , withholding from removal of the content by the provider shall be perceived as acting in good faith and should not lead to waiving the liability exemption provided for in article 5.


### 6. providers of hosting services shall process any notices that they receive under the mechanisms referred to in paragraph 1 , and take their decisions in respect of the information to which the notices relate , in a timely , diligent and objective manner. where they use automated means for that processing or decision-making , they shall include information on such use in the notification referred to in paragraph 4. ### 6. providers of hosting services shall process any notices that they receive under the mechanisms referred to in paragraph 1 , and take their decisions in respect of the information to which the notices relate , in a timely , diligent and objective manner. where they use automated means for that processing or decision-making , they shall include information on such use in the notification referred to in paragraph 4. where the provider has no technical , operational or contractual ability to act against specific items of illegal content , it may hand over a notice to the provider that has direct control of specific items of illegal content , while informing the notifying person or entity and the relevant digital services coordinator.


### 6. providers of hosting services shall process any notices that they receive under the mechanisms referred to in paragraph 1 , and take their decisions in respect of the information to which the notices relate , in a timely , diligent and objective manner. where they use automated means for that processing or decision-making , they shall include information on such use in the notification referred to in paragraph 4. ### 6. providers of hosting services shall process any notices that they receive under the mechanisms referred to in paragraph 1 , and take their decisions in respect of the information to which the notices relate , in a timely , diligent and objective manner. when a decision has been taken to remove or disable information , the providers of hosting services shall take all necessary measures to prevent the same or equivalent illegal material from reappearing on their service. where they use automated means for that processing or decision-making , they shall include information on such use in the notification referred to in paragraph 4.


### 1. where a provider of hosting services decides to remove or disable access to specific items of information provided by the recipients of the service , irrespective of the means used for detecting , identifying or removing or disabling access to that information and of the reason for its decision , it shall inform the recipient , at the latest at the time of the removal or disabling of access , of the decision and provide a clear and specific statement of reasons for that decision. ### 1. where a provider of hosting services decides to remove or disable access , or otherwise limit the availability , visibility or accessibility to specific items of information , provided by the recipients of the service , irrespective of the means used for detecting , identifying or removing or disabling access to that information and of the reason for its decision , it shall inform the recipient , at the latest at the time of the removal or disabling of access , of the decision and provide a clear and specific statement of reasons for that decision.


### 1. where a provider of hosting services decides to remove or disable access to specific items of information provided by the recipients of the service , irrespective of the means used for detecting , identifying or removing or disabling access to that information and of the reason for its decision , it shall inform the recipient , at the latest at the time of the removal or disabling of access , of the decision and provide a clear and specific statement of reasons for that decision. ### 1. where a provider of hosting services decides to remove or disable access to specific items of information provided by the recipients of the service , irrespective of the means used for detecting , identifying or removing or disabling access to that information and of the reason for its decision , it shall inform the recipient in the language of the linguistic region in which the recipient of the service is established , at the latest at the time of the removal or disabling of access , of the decision and provide a clear and specific statement of reasons for that decision.


### exclusion for micro and small enterprises ### exclusion for smes


### this section shall not apply to online platforms that qualify as micro or small enterprises within the meaning of the annex to recommendation 2003/361/ec. ### this section shall not apply to online platforms that qualify as micro or small enterprises within the meaning of the annex to recommendation 2003/361/ec. following an additional , individual risk assessment , the digital services coordinator of establishment may extend the exemption to selected medium-sized enterprises.


### this section shall not apply to online platforms that qualify as micro or small enterprises within the meaning of the annex to recommendation 2003/361/ec. ### this section shall not apply to online platforms that qualify as smes within the meaning of the annex to recommendation 2003/361/ec.


### 2. online platforms shall ensure that their internal complaint-handling systems are easy to access , user-friendly and enable and facilitate the submission of sufficiently precise and adequately substantiated complaints. ### 2. online platforms shall ensure that their internal complaint-handling systems are easy to access , user-friendly and enable and facilitate the submission of sufficiently precise and adequately substantiated complaints. the internal complaint-handling system shall be set up in the language of the linguistic region in which the online platform is offering its services.


### 3. online platforms shall handle complaints submitted through their internal complaint-handling system in a timely , diligent and objective manner. where a complaint contains sufficient grounds for the online platform to consider that the information to which the complaint relates is not illegal and is not incompatible with its terms and conditions , or contains information indicating that the complainant’s conduct does not warrant the suspension or termination of the service or the account , it shall reverse its decision referred to in paragraph 1 without undue delay. ### 3. online platforms shall handle complaints submitted through their internal complaint-handling system in a timely , diligent and objective manner. where a complaint contains sufficient grounds for the online platform to consider that the information to which the complaint relates is not manifestly illegal and is not incompatible with its terms and conditions , or contains information indicating that the complainant’s conduct does not warrant the suspension or termination of the service or the account , it shall reverse its decision referred to in paragraph 1 without undue delay.


### 4. online platforms shall inform complainants without undue delay of the decision they have taken in respect of the information to which the complaint relates and shall inform complainants of the possibility of out-of-court dispute settlement provided for in article 18 and other available redress possibilities. ### 4. online platforms shall inform complainants without undue delay of the decision they have taken in respect of the information to which the complaint relates and shall inform complainants of the possibility of out-of-court dispute settlement provided for in article 18 and other available redress possibilities. the decision mentioned in this paragraph shall also include:


### 4. online platforms shall inform complainants without undue delay of the decision they have taken in respect of the information to which the complaint relates and shall inform complainants of the possibility of out-of-court dispute settlement provided for in article 18 and other available redress possibilities. ### 4. online platforms shall inform complainants without undue delay , in the language of the linguistic region in which the complainant is established , of the decision they have taken in respect of the information to which the complaint relates and shall inform complainants of the possibility of out-of-court dispute settlement provided for in article 18 and other available redress possibilities.


### 1. online platforms shall take the necessary technical and organisational measures to ensure that notices submitted by trusted flaggers through the mechanisms referred to in article 14 , are processed and decided upon with priority and without delay. ### 1. online platforms shall take the necessary technical and organisational measures to ensure that notices submitted by competent trusted flaggers , addressing allegedly illegal content that can seriously affect public security , policy or consumers' health or safety through the mechanisms referred to in article 14 , are processed and decided upon with priority and without delay.


### 2. online platforms shall suspend , for a reasonable period of time and after having issued a prior warning , the processing of notices and complaints submitted through the notice and action mechanisms and internal complaints-handling systems referred to in articles 14 and 17 , respectively , by individuals or entities or by complainants that frequently submit notices or complaints that are manifestly unfounded. ### 2. providers of hosting services may suspend , for a reasonable period of time and after having issued a prior warning , the processing of notices and complaints submitted through the notice and action mechanisms and internal complaints-handling systems referred to in articles 14 and 17 , respectively , by individuals or entities or by complainants that frequently submit notices or complaints that are manifestly unfounded.


### 1. this section shall apply to online platforms which provide their services to a number of average monthly active recipients of the service in the union equal to or higher than 45 million , calculated in accordance with the methodology set out in the delegated acts referred to in paragraph 3. ### 1. this section shall apply to online platforms which provide for at least four consecutive months their services to a number of average monthly active end users of the service in the union equal to or higher than 45 million , calculated in accordance with the methodology set out in the delegated acts referred to in paragraph 3.


### 3. the commission shall adopt delegated acts in accordance with article 69 , after consulting the board , to lay down a specific methodology for calculating the number of average monthly active recipients of the service in the union , for the purposes of paragraph 1. the methodology shall specify , in particular , how to determine the union’s population and criteria to determine the average monthly active recipients of the service in the union , taking into account different accessibility features. ### 3. the commission shall adopt delegated acts in accordance with article 69 , after consulting the board , to lay down a specific methodology for calculating the number of average monthly active end users of the service in the union , for the purposes of paragraph 1. the methodology shall specify , in particular , how to determine the union’s population and criteria to determine the average monthly active end users of the service in the union , taking into account different accessibility features.


### 4. the digital services coordinator of establishment shall verify , at least every six months , whether the number of average monthly active recipients of the service in the union of online platforms under their jurisdiction is equal to or higher than the number referred to in paragraph 1. on the basis of that verification , it shall adopt a decision designating the online platform as a very large online platform for the purposes of this regulation , or terminating that designation , and communicate that decision , without undue delay , to the online platform concerned and to the commission. ### 4. the digital services coordinator of establishment shall verify , at least every six months , whether the number of average monthly active end users of the service in the union of online platforms under their jurisdiction is equal to or higher than the number referred to in paragraph 1. on the basis of that verification , it shall adopt a decision designating the online platform as a very large online platform for the purposes of this regulation , or terminating that designation , and communicate that decision , without undue delay , to the online platform concerned and to the commission.


### 1. very large online platforms that use recommender systems shall set out in their terms and conditions , in a clear , accessible and easily comprehensible manner , the main parameters used in their recommender systems , as well as any options for the recipients of the service to modify or influence those main parameters that they may have made available , including at least one option which is not based on profiling , within the meaning of article 4 (4) of regulation (eu) 2016/679. ### 1. very large online platforms that use recommender systems or other systems to prioritise content , including reducing the visibility of content , shall set out in their terms and conditions , in a clear , accessible and easily comprehensible manner , the main parameters used in their recommender systems , as well as any options for the recipients of the service to modify or influence those main parameters that they may have made available , including at least one option which is not based on profiling , within the meaning of article 4 (4) of regulation (eu) 2016/679.


### 1. very large online platforms that use recommender systems shall set out in their terms and conditions , in a clear , accessible and easily comprehensible manner , the main parameters used in their recommender systems , as well as any options for the recipients of the service to modify or influence those main parameters that they may have made available , including at least one option which is not based on profiling , within the meaning of article 4 (4) of regulation (eu) 2016/679. ### 1. very large online platforms that use recommender systems or any other systems used to determine the order of presentation of content , including those which decrease the visibility of content , shall set out in their terms and conditions , in a clear , accessible and easily comprehensible manner , the main parameters used in these systems.


### 1. very large online platforms that use recommender systems shall set out in their terms and conditions , in a clear , accessible and easily comprehensible manner , the main parameters used in their recommender systems , as well as any options for the recipients of the service to modify or influence those main parameters that they may have made available , including at least one option which is not based on profiling , within the meaning of article 4 (4) of regulation (eu) 2016/679. ### 1. very large online platforms that use recommender systems shall set out in a clear , accessible and easily comprehensible manner in their terms and conditions , which shall be drawn up in the language of the linguistic region in which they are offering their services , the main parameters used in their recommender systems , as well as any options for the recipients of the service to modify or influence those main parameters that they may have made available , including at least one option which is not based on profiling , within the meaning of article 4 (4) of regulation (eu) 2016/679.


### 1. very large online platforms that use recommender systems shall set out in their terms and conditions , in a clear , accessible and easily comprehensible manner , the main parameters used in their recommender systems , as well as any options for the recipients of the service to modify or influence those main parameters that they may have made available , including at least one option which is not based on profiling , within the meaning of article 4 (4) of regulation (eu) 2016/679. ### 1. online platforms shall not make the recipients of their services subject to recommender system based on profiling , unless the recipient of the service has expressed a freely given , specific , informed and unambiguous consent. very large online platforms that use recommender systems shall set out in their terms and conditions , in a clear , accessible and easily comprehensible manner , the main parameters used in their recommender systems , as well as any options for the recipients of the service to (1) modify or influence those main parameters that they may have made available , including at least one option which is not based on profiling , within the meaning of article 4 (4) of regulation (eu) 2016/679 or (2) see all information without manipulation.


### 2. where several options are available pursuant to paragraph 1 , very large online platforms shall provide an easily accessible functionality on their online interface allowing the recipient of the service to select and to modify at any time their preferred option for each of the recommender systems that determines the relative order of information presented to them. ### 2. very large online platforms shall provide an easily accessible functionality on their online interface allowing the recipient of the service to:


### article 35 ### deleted


### 1. the commission and the board shall encourage and facilitate the drawing up of codes of conduct at union level to contribute to the proper application of this regulation , taking into account in particular the specific challenges of tackling different types of illegal content and systemic risks , in accordance with union law , in particular on competition and the protection of personal data. ### 1. the commission and the board shall have the right to request and facilitate the drawing up of codes of conduct at union level to contribute to the proper application of this regulation , taking into account in particular the specific challenges of tackling different types of illegal content and systemic risks , in accordance with union law , in particular on competition and the protection of personal data.


### recipients of the service shall have the right to lodge a complaint against providers of intermediary services alleging an infringement of this regulation with the digital services coordinator of the member state where the recipient resides or is established. the digital services coordinator shall assess the complaint and , where appropriate , transmit it to the digital services coordinator of establishment. where the complaint falls under the responsibility of another competent authority in its member state , the digital service coordinator receiving the complaint shall transmit it to that authority. ### recipients of the service shall have the right to lodge a complaint against providers of intermediary services alleging an infringement of this regulation with the digital services coordinator of the member state where the recipient resides or is established. the digital services coordinator shall assess the complaint and , where appropriate , transmit it to the digital services coordinator of establishment. assessment of the complaint can be supplemented by the opinion of digital services coordinator of the member state , where the recipient resides or is established , on how the matter should be resolved taking into account national law and socio-cultural context of a given member state. where the complaint falls under the responsibility of another competent authority in its member state , the digital service coordinator receiving the complaint shall transmit it to that authority.


### recipients of the service shall have the right to lodge a complaint against providers of intermediary services alleging an infringement of this regulation with the digital services coordinator of the member state where the recipient resides or is established. the digital services coordinator shall assess the complaint and , where appropriate , transmit it to the digital services coordinator of establishment. where the complaint falls under the responsibility of another competent authority in its member state , the digital service coordinator receiving the complaint shall transmit it to that authority. ### recipients of the service shall have the right to lodge a complaint against providers of intermediary services alleging an infringement of this regulation with the digital services coordinator of the member state where the recipient resides or is established. the digital services coordinator shall assess the complaint and , where appropriate , transmit it to the digital services coordinator of establishment. where the complaint falls under the responsibility of another competent authority in its member state , the digital service coordinator receiving the complaint shall transmit it to that authority. complaints shall , to the extent possible , be made public.


### 1. digital services coordinators shall draw up an annual report on their activities under this regulation. they shall make the annual reports available to the public , and shall communicate them to the commission and to the board. ### 1. digital services coordinators shall draw up an annual report on their activities under this regulation , at least in the language of the linguistic region in which the digital services are being offered. they shall make the annual reports available to the public , and shall communicate them to the commission and to the board.


### 1. in order to carry out the tasks assigned to it under this section , the commission may by simple request or by decision require the very large online platforms concerned , as well as any other persons acting for purposes related to their trade , business , craft or profession that may be reasonably be aware of information relating to the suspected infringement or the infringement , as applicable , including organisations performing the audits referred to in articles 28 and 50(3) , to provide such information within a reasonable time period. ### 1. in order to carry out the tasks assigned to it under this section , the commission may by simple request or by decision require the very large online platforms concerned , their legal representatives , as well as any other persons acting for purposes related to their trade , business , craft or profession that may be reasonably be aware of information relating to the suspected infringement or the infringement , as applicable , including organisations performing the audits referred to in articles 28 and 50(3) , to provide such information within a reasonable time period.


### 1. in order to carry out the tasks assigned to it under this section , the commission may conduct on-site inspections at the premises of the very large online platform concerned or other person referred to in article 52(1). ### 1. in order to carry out the tasks assigned to it under this section , the competent authorities of the member state may , at the request of the commission , conduct on-site inspections within the meaning of article 12 of regulation (eu) no 139/2004 at the premises of the very large online platform concerned or other person referred to in article 52(1).


### 3. during on-site inspections the commission and auditors or experts appointed by it may require the very large online platform concerned or other person referred to in article 52(1) to provide explanations on its organisation , functioning , it system , algorithms , data-handling and business conducts. the commission and auditors or experts appointed by it may address questions to key personnel of the very large online platform concerned or other person referred to in article 52(1). ### 3. during on-site inspections the competent authorities of the member states may require the very large online platform concerned or other person referred to in article 52(1) to provide explanations on its organisation , functioning , it system , algorithms , data-handling and business conducts. the commission and auditors or experts appointed by it may address questions to key personnel of the very large online platform concerned or other person referred to in article 52(1).


### 4. the very large online platform concerned or other person referred to in article 52(1) is required to submit to an on-site inspection ordered by decision of the commission. the decision shall specify the subject matter and purpose of the visit , set the date on which it is to begin and indicate the penalties provided for in articles 59 and 60 and the right to have the decision reviewed by the court of justice of the european union. ### 4. the very large online platform concerned or other person referred to in article 52(1) is required to submit to an on-site inspection ordered at the request of the commission. the request shall specify the subject matter and purpose of the visit , set the date on which it is to begin and indicate the penalties provided for in articles 59 and 60 and the right to have the decision reviewed by the court of justice of the european union.


### 1. the commission may , by decision , impose on the very large online platform concerned or other person referred to in article 52(1) , as applicable , periodic penalty payments not exceeding 5 % of the average daily turnover in the preceding financial year per day , calculated from the date appointed by the decision , in order to compel them to: ### 1. the commission may , by decision , impose on the very large online platform concerned or other person referred to in article 52(1) , as applicable , periodic penalty payments not exceeding 10 % of the average daily turnover in the preceding financial year per day , calculated from the date appointed by the decision , in order to compel them to:


### 2. it shall apply from [date - three months after its entry into force]. ### 2. it shall apply from [date - sixteen months after its entry into force].


### (11) it should be clarified that this regulation is without prejudice to the rules of union law on copyright and related rights , which establish specific rules and procedures that should remain unaffected. ### deleted


### (38) whilst the freedom of contract of providers of intermediary services should in principle be respected , it is appropriate to set certain rules on the content , application and enforcement of the terms and conditions of those providers in the interests of transparency , the protection of recipients of the service and the avoidance of unfair or arbitrary outcomes. ### (38) whilst the freedom of contract of providers of intermediary services should in principle be respected , it is appropriate to set certain rules on the content , application and enforcement of the terms and conditions of those providers in the interests of transparency , the protection of recipients of the service and the avoidance of unfair or arbitrary outcomes. in order to safeguard the fundamental right to freedom of expression , providers should not be allowed to arbitrarily suppress legal content or act against those providing it.


### (58) very large online platforms should deploy the necessary means to diligently mitigate the systemic risks identified in the risk assessment. very large online platforms should under such mitigating measures consider , for example , enhancing or otherwise adapting the design and functioning of their content moderation , algorithmic recommender systems and online interfaces , so that they discourage and limit the dissemination of illegal content , adapting their decision-making processes , or adapting their terms and conditions. they may also include corrective measures , such as discontinuing advertising revenue for specific content , or other actions , such as improving the visibility of authoritative information sources. very large online platforms may reinforce their internal processes or supervision of any of their activities , in particular as regards the detection of systemic risks. they may also initiate or increase cooperation with trusted flaggers , organise training sessions and exchanges with trusted flagger organisations , and cooperate with other service providers , including by initiating or joining existing codes of conduct or other self-regulatory measures. any measures adopted should respect the due diligence requirements of this regulation and be effective and appropriate for mitigating the specific risks identified , in the interest of safeguarding public order , protecting privacy and fighting fraudulent and deceptive commercial practices , and should be proportionate in light of the very large online platform’s economic capacity and the need to avoid unnecessary restrictions on the use of their service , taking due account of potential negative effects on the fundamental rights of the recipients of the service. ### (58) very large online platforms should deploy the necessary means to diligently mitigate the systemic risks identified in the risk assessment. very large online platforms should under such mitigating measures consider , for example , enhancing or otherwise adapting the design and functioning of their content moderation , algorithmic recommender systems and online interfaces , so that they discourage and limit the dissemination of illegal content , adapting their decision-making processes , or adapting their terms and conditions. they may also include corrective measures , such as discontinuing advertising revenue for specific content , or other actions , such as improving the visibility of authoritative information sources. very large online platforms may reinforce their internal processes or supervision of any of their activities , in particular as regards the detection of systemic risks. any measures adopted should respect the due diligence requirements of this regulation and be effective and appropriate for mitigating the specific risks identified , in the interest of safeguarding public order , protecting privacy and fighting fraudulent and deceptive commercial practices , and should be proportionate in light of the very large online platform’s economic capacity and the need to avoid unnecessary restrictions on the use of their service , taking due account of potential negative effects on the fundamental rights of the recipients of the service.


### orders to act against illegal content ### orders to act against proven illegal content


### the number of orders received from member states’ authorities , categorised by the type of illegal content concerned , including orders issued in accordance with articles 8 and 9 , and the average time needed for taking the action specified in those orders; ### deleted


### the number of notices submitted in accordance with article 14 , categorised by the type of alleged illegal content concerned , any action taken pursuant to the notices by differentiating whether the action was taken on the basis of the law or the terms and conditions of the provider , and the average time needed for taking the action; ### the number of notices submitted in accordance with article 14 , categorised by the type of alleged illegal content concerned , any action taken pursuant to the notices by differentiating whether the action was taken on the basis of the law or the terms and conditions of the provider , and the average and median time needed for taking the action;


### the number of complaints received through the internal complaint-handling system referred to in article 17 , the basis for those complaints , decisions taken in respect of those complaints , the average time needed for taking those decisions and the number of instances where those decisions were reversed. ### the number of complaints received through the internal complaint-handling system referred to in article 17 , the basis for those complaints , decisions taken in respect of those complaints , the average and median time needed for taking those decisions and the number of instances where those decisions were reversed.


### 2. the mechanisms referred to in paragraph 1 shall be such as to facilitate the submission of sufficiently precise and adequately substantiated notices , on the basis of which a diligent economic operator can identify the illegality of the content in question. to that end , the providers shall take the necessary measures to enable and facilitate the submission of notices containing all of the following elements: ### 2. notices submitted under the mechanisms referred to in paragraph 1 shall be sufficiently precise and adequately substantiated , on the basis of which a diligent reviewer can identify the illegality of the content in question. to that end , the providers shall take the necessary measures to enable and facilitate the submission of notices containing all of the following elements:


### 2. the mechanisms referred to in paragraph 1 shall be such as to facilitate the submission of sufficiently precise and adequately substantiated notices , on the basis of which a diligent economic operator can identify the illegality of the content in question. to that end , the providers shall take the necessary measures to enable and facilitate the submission of notices containing all of the following elements: ### 2. the mechanisms referred to in paragraph 1 shall be such as to facilitate the submission of sufficiently precise and adequately substantiated notices , on the basis of which a diligent economic operator can identify whether the content in question qualifies as manifestly illegal. to that end , the providers shall take the necessary measures to enable and facilitate the submission of notices containing all of the following elements:


### an explanation of the reasons why the individual or entity considers the information in question to be illegal content; ### an explanation of the reasons why the individual or entity considers the information in question to be manifestly illegal content;


### a clear indication of the electronic location of that information , in particular the exact url or urls , and , where necessary , additional information enabling the identification of the illegal content; ### a clear indication of the electronic location of that information and , where necessary and applicable additional information enabling the identification of the illegal content which shall be appropriate to the type of content and to the specific type of intermediary;


### a clear indication of the electronic location of that information , in particular the exact url or urls , and , where necessary , additional information enabling the identification of the illegal content; ### a clear indication of the electronic location of that information , in particular the exact url or urls , and , where necessary , additional information enabling the identification of the allegedly manifestly illegal content;


### 1. online platforms shall provide recipients of the service , for a period of at least six months following the decision referred to in this paragraph , the access to an effective internal complaint-handling system , which enables the complaints to be lodged electronically and free of charge , against the following decisions taken by the online platform on the ground that the information provided by the recipients is illegal content or incompatible with its terms and conditions: ### 1. online platforms shall provide recipients of the service , for a period of at least six months following the decision referred to in this paragraph , the access to an effective internal complaint-handling system , which enables the complaints to be lodged electronically and free of charge , against the following decisions taken by the online platform on the ground that the information provided by the recipients is manifestly illegal content or incompatible with its terms and conditions:


### 5. online platforms shall ensure that the decisions , referred to in paragraph 4 , are not solely taken on the basis of automated means. ### 5. online platforms shall ensure that the decisions , referred to in paragraph 4 , are not solely taken on the basis of automated means. complainants shall have the right to request human review and consultation with relevant online platforms’ staff with respect to content to which the complaint relates to.


### it has the necessary expertise in relation to the issues arising in one or more particular areas of illegal content , or in relation to the application and enforcement of terms and conditions of one or more types of online platforms , allowing the body to contribute effectively to the settlement of a dispute; ### it has the necessary expertise concerning the issues arising of illegal content , in particular as it comes to the applicable laws relating to freedom of expression and its limitations and the applicable case law , including the case-law of the european court of human rights , or about the application and enforcement of terms and conditions of one or more types of online platforms , allowing the body to contribute effectively to the settlement of a dispute;


### it has particular expertise and competence for the purposes of detecting , identifying and notifying illegal content; ### it has particular expertise and competence that could be exercised in one or more member states for the purposes of detecting , identifying and notifying specific types of illegal content;


### it has particular expertise and competence for the purposes of detecting , identifying and notifying illegal content; ### it has particular expertise and competence for the purposes of detecting , identifying and notifying manifestly illegal content;


### 3. digital services coordinators shall communicate to the commission and the board the names , addresses and electronic mail addresses of the entities to which they have awarded the status of the trusted flagger in accordance with paragraph 2. ### 3. digital services coordinators shall communicate to the commission and the board the names , addresses and electronic mail addresses of the entities to which they have awarded the status of the trusted flagger in accordance with paragraph 2. this communication shall include the geographical scope within which the trusted flagger competence was recognised based on the approval of a particular digital services coordinator and information on expertise and competence declared by the trusted flagger.


### the number of suspensions imposed pursuant to article 20 , distinguishing between suspensions enacted for the provision of manifestly illegal content , the submission of manifestly unfounded notices and the submission of manifestly unfounded complaints; ### the number of suspensions imposed pursuant to article 20 , distinguishing between suspensions enacted for the provision of manifestly illegal content , the submission of unfounded notices and the submission of unfounded complaints;


### the dissemination of illegal content through their services; ### the dissemination of illegal content through their services; the very large online platforms shall make a distinction between allegedly , manifestly illegal content , and proven illegal content;


### any negative effects for the exercise of the fundamental rights to respect for private and family life , freedom of expression and information , the prohibition of discrimination and the rights of the child , as enshrined in articles 7 , 11 , 21 and 24 of the charter respectively; ### any negative effects for the exercise of the fundamental rights to respect for private and family life , freedom and pluralism of the media , freedom of expression and information , the prohibition of discrimination and the rights of the child , as enshrined in articles 7 , 11 , 21 and 24 of the charter respectively;


### any negative effects for the exercise of the fundamental rights to respect for private and family life , freedom of expression and information , the prohibition of discrimination and the rights of the child , as enshrined in articles 7 , 11 , 21 and 24 of the charter respectively; ### any negative effects for the exercise of the fundamental rights to respect for private and family life , freedom of expression and information , the prohibition of discrimination and the rights of the child , as enshrined in articles 7 , 11 , 21 and 24 of the charter respectively , with particular regard to the freedom of expression;


### 2. when conducting risk assessments , very large online platforms shall take into account , in particular , how their content moderation systems , recommender systems and systems for selecting and displaying advertisement influence any of the systemic risks referred to in paragraph 1 , including the potentially rapid and wide dissemination of illegal content and of information that is incompatible with their terms and conditions. ### 2. when conducting risk assessments , very large online platforms shall take into account , in particular , how their content moderation systems , recommender systems and systems for selecting and displaying advertisement influence any of the systemic risks referred to in paragraph 1 , including the potentially rapid and wide dissemination of manifestly illegal content and of information that is incompatible with their terms and conditions.


### initiating or adjusting cooperation with other online platforms through the codes of conduct and the crisis protocols referred to in article 35 and 37 respectively. ### deleted


### 1. very large online platforms shall be subject , at their own expense and at least once a year , to audits to assess compliance with the following: ### 1. very large online platforms shall be subject , at their own expense and at least once a year , to audits to assess compliance with the obligations as set out in chapter iii:


### any commitments undertaken pursuant to the codes of conduct referred to in articles 35 and 36 and the crisis protocols referred to in article 37. ### deleted


### 2. where significant systemic risk within the meaning of article 26(1) emerge and concern several very large online platforms , the commission may invite the very large online platforms concerned , other very large online platforms , other online platforms and other providers of intermediary services , as appropriate , as well as civil society organisations and other interested parties , to participate in the drawing up of codes of conduct , including by setting out commitments to take specific risk mitigation measures , as well as a regular reporting framework on any measures taken and their outcomes. ### 2. where significant systemic risk within the meaning of article 26(1) emerge and concern several very large online platforms , the commission shall request the very large online platforms concerned , other very large online platforms , other online platforms and other providers of intermediary services , as appropriate , as well as civil society organisations and other interested parties , to participate in the drawing up of codes of conduct , including by setting out commitments to take specific risk mitigation measures , as well as a regular reporting framework on any measures taken and their outcomes.


### ‘illegal content’ means any information , , which , in itself or by its reference to an activity , including the sale of products or provision of services is not in compliance with union law or the law of a member state , irrespective of the precise subject matter or nature of that law; ### ‘proven illegal content’ is all content a competent judicial body has deemed illegal;


### the obligations set out in chapter iii; ### deleted


### 4. the commission shall publish the information referred to in paragraph 3 in a publicly available database and keep the database updated. ### 4. the commission shall publish the information referred to in paragraph 3 in a publicly available database and keep the database updated. notices referred to in paragraph 1 of this article shall be proceeded with priority with respect to the geographical scope of the trusted flagger , according to awarding of the status by member states.


### 2. online platforms shall publish , at least once every six months , information on the average monthly active recipients of the service in each member state , calculated as an average over the period of the past six months , in accordance with the methodology laid down in the delegated acts adopted pursuant to article 25(2). ### 2. online platforms shall publish , at least once every six months , information on the average monthly active end users of the service in each member state , calculated as an average over the period of the past six months , in accordance with the methodology laid down in the delegated acts adopted pursuant to article 25(2).


### (76) in the absence of a general requirement for providers of intermediary services to ensure a physical presence within the territory of one of the member states , there is a need to ensure clarity under which member state's jurisdiction those providers fall for the purposes of enforcing the rules laid down in chapters iii and iv by the national competent authorities. a provider should be under the jurisdiction of the member state where its main establishment is located , that is , where the provider has its head office or registered office within which the principal financial functions and operational control are exercised. in respect of providers that do not have an establishment in the union but that offer services in the union and therefore fall within the scope of this regulation , the member state where those providers appointed their legal representative should have jurisdiction , considering the function of legal representatives under this regulation. in the interest of the effective application of this regulation , all member states should , however , have jurisdiction in respect of providers that failed to designate a legal representative , provided that the principle of ne bis in idem is respected. to that aim , each member state that exercises jurisdiction in respect of such providers should , without undue delay , inform all other member states of the measures they have taken in the exercise of that jurisdiction. ### (76) in the absence of a general requirement for providers of intermediary services to ensure a physical presence within the territory of one of the member states , there is a need to ensure clarity under which member state's jurisdiction those providers fall for the purposes of enforcing the rules laid down in chapters iii and iv by the national competent authorities. a provider should be under the jurisdiction of the member state where its main establishment is located , that is , where the provider has its head office or registered office within which the principal financial functions and operational control are exercised. in respect of providers that do not have an establishment in the union but that offer services in the union and therefore fall within the scope of this regulation , the member state where those providers appointed their legal representative should have jurisdiction , considering the function of legal representatives under this regulation. in the interest of the effective application of this regulation , all member states should , however , have jurisdiction in respect of providers that failed to designate a legal representative , provided that the principle of ne bis in idem is respected. to that aim , each member state that exercises jurisdiction in respect of such providers should , without undue delay , inform all other member states of the measures they have taken in the exercise of that jurisdiction. in addition , in order to ensure effective protection of the rights of union citizens that take into account diverse national laws and difference in socio-cultural context between countries , a member state should exercise jurisdiction where it concerns online social networking services provided by very large online platforms which offer services to a significant number of recipients in a given member state. member states jurisdiction is particularly important in case of very large online platforms which are social networks because they play a central role in facilitating the public debate.


### union law on copyright and related rights; ### deleted


### 3. where a very large online platform considers that the publication of information pursuant to paragraph 2 may result in the disclosure of confidential information of that platform or of the recipients of the service , may cause significant vulnerabilities for the security of its service , may undermine public security or may harm recipients , the platform may remove such information from the reports. in that case , that platform shall transmit the complete reports to the digital services coordinator of establishment and the commission , accompanied by a statement of the reasons for removing the information from the public reports. ### 3. where a very large online platform considers that the publication of information pursuant to paragraph 2 may result in the disclosure of confidential information of that platform or of the recipients of the service , may cause significant vulnerabilities for the security of its service , may undermine public security or may harm recipients , the platform may remove such information from the reports. it shall however indicate that information was removed from the report , the scope of the information removed and for what reason the information was removed from the report.


### the number and subject matter of orders to act against illegal content and orders to provide information issued in accordance with articles 8 and 9 by any national judicial or administrative authority of the member state of the digital services coordinator concerned; ### the number and subject matter of orders to act against illegal content and orders to provide information , including at least information on the name of the issuing authority , the name of the provider and the type of action specified in the order , issued in accordance with articles 8 , 8a and 9 by any national judicial or administrative authority of the member state of the digital services coordinator concerned;


### 7. where , pursuant to paragraph 6 , the commission concludes that the assessment or the investigatory or enforcement measures taken or envisaged pursuant to paragraph 4 are incompatible with this regulation , it shall request the digital service coordinator of establishment to further assess the matter and take the necessary investigatory or enforcement measures to ensure compliance with this regulation , and to inform it about those measures taken within two months from that request. ### 7. where , pursuant to paragraph 6 , the commission concludes that the assessment or the investigatory or enforcement measures taken or envisaged pursuant to paragraph 4 are incompatible with this regulation , it shall request the digital service coordinator of establishment to further assess the matter and take the necessary investigatory or enforcement measures to ensure compliance with this regulation , and to inform it about those measures taken within two months from that request. this information should be also transmitted to the digital services coordinator or the board that initiated the proceedings pursuant to paragraph 1.


### 6. the board shall adopt its rules of procedure , following the consent of the commission. ### 6. the board shall adopt its rules of procedure and inform the commission thereof.


### advise the commission to take the measures referred to in article 51 and , where requested by the commission , adopt opinions on draft commission measures concerning very large online platforms in accordance with this regulation; ### advise the commission to take the measures referred to in article 51 and , adopt opinions on issues concerning very large online platforms in accordance with this regulation;


### 2. the delegation of power referred to in articles 23 , 25 , and 31 shall be conferred on the commission for an indeterminate period of time from [date of expected adoption of the regulation]. ### 2. the delegation of power referred to in articles 13 , 23 , 25 , and 31 shall be conferred on the commission for an indeterminate period of time from [date of expected adoption of the regulation].


### 3. the delegation of power referred to in articles 23 , 25 and 31 may be revoked at any time by the european parliament or by the council. a decision of revocation shall put an end to the delegation of power specified in that decision. it shall take effect the day following that of its publication in the official journal of the european union or at a later date specified therein. it shall not affect the validity of any delegated acts already in force. ### 3. the delegation of power referred to in articles 13 , 23 , 25 and 31 may be revoked at any time by the european parliament or by the council. a decision of revocation shall put an end to the delegation of power specified in that decision. it shall take effect the day following that of its publication in the official journal of the european union or at a later date specified therein. it shall not affect the validity of any delegated acts already in force.


### 5. a delegated act adopted pursuant to articles 23 , 25 and 31 shall enter into force only if no objection has been expressed by either the european parliament or the council within a period of three months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object. that period shall be extended by three months at the initiative of the european parliament or of the council. ### 5. a delegated act adopted pursuant to articles 13 , 23 , 25 and 31 shall enter into force only if no objection has been expressed by either the european parliament or the council within a period of four months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object. that period shall be extended by three months at the initiative of the european parliament or of the council.


### 1. by five years after the entry into force of this regulation at the latest , and every five years thereafter , the commission shall evaluate this regulation and report to the european parliament , the council and the european economic and social committee. ### 1. by three years after the entry into force of this regulation at the latest , and every three years thereafter , the commission shall evaluate this regulation and report to the european parliament , the council and the european economic and social committee. on the basis of the findings and taking into utmost account the opinion of the board , that report shall , where appropriate , be accompanied by a proposal for amendment of this regulation.


### 4. by three years from the date of application of this regulation at the latest , the commission , after consulting the board , shall carry out an assessment of the functioning of the board and shall report it to the european parliament , the council and the european economic and social committee , taking into account the first years of application of the regulation. on the basis of the findings and taking into utmost account the opinion of the board , that report shall , where appropriate , be accompanied by a proposal for amendment of this regulation with regard to the structure of the board. ### deleted


### ‘content moderation’ means the activities undertaken by providers of intermediary services aimed at detecting , identifying and addressing illegal content or information incompatible with their terms and conditions , provided by recipients of the service , including measures taken that affect the availability , visibility and accessibility of that illegal content or that information , such as demotion , disabling of access to , or removal thereof , or the recipients’ ability to provide that information , such as the termination or suspension of a recipient’s account; ### ‘content moderation’ means the activities undertaken by providers of intermediary services aimed at detecting , identifying and addressing allegedly , manifestly , or proven illegal content or content incompatible with their terms and conditions to the extent the intermediary service is allowed to moderate this content under their terms and conditions in accordance with articles 12 and 25(a) of this regulation , provided by recipients of the service , including measures taken that affect the availability , visibility and accessibility of that illegal content or that information , such as demotion , disabling of access to , or removal thereof , or the recipients’ ability to provide that information , such as the termination or suspension of a recipient’s account;


### does not have actual knowledge of illegal activity or illegal content and , as regards claims for damages , is not aware of facts or circumstances from which the illegal activity or illegal content is apparent; or ### does not have actual knowledge of the manifestly illegal content and , as regards claims for damages , is not aware of facts or circumstances from which the manifestly illegal content is apparent; or


### where the decision concerns allegedly illegal content , a reference to the legal ground relied on and explanations as to why the information is considered to be illegal content on that ground; ### where the decision concerns allegedly manifestly illegal content , a reference to the legal ground relied on and explanations as to why the information is considered to be manifestly illegal content on that ground;


### 6. this article is without prejudice to directive 2013/11/eu and alternative dispute resolution procedures and entities for consumers established under that directive. ### 6. this article is without prejudice to directive 2013/11/eu and alternative dispute resolution procedures and entities for consumers established under that directive , and also does not affect the recipient’s right to settle disputes in court.


### 1. the commission shall publish the decisions it adopts pursuant to articles 55(1) , 56(1) , 58 , 59 and 60. such publication shall state the names of the parties and the main content of the decision , including any penalties imposed. ### 1. the commission shall publish the decisions it adopts pursuant to articles 55(1) , 56(1) , 58 , 59 and 60. such publication shall state the names of the parties , the content of the decision and all the documents or other forms of information on which the decision is based , including any penalties imposed.


### (27) since 2000 , new technologies have emerged that improve the availability , efficiency , speed , reliability , capacity and security of systems for the transmission and storage of data online , leading to an increasingly complex online ecosystem. in this regard , it should be recalled that providers of services establishing and facilitating the underlying logical architecture and proper functioning of the internet , including technical auxiliary functions , can also benefit from the exemptions from liability set out in this regulation , to the extent that their services qualify as ‘mere conduits’ , ‘caching’ or hosting services. such services include , as the case may be , wireless local area networks , domain name system (dns) services , top–level domain name registries , certificate authorities that issue digital certificates , or content delivery networks , that enable or improve the functions of other providers of intermediary services. likewise , services used for communications purposes , and the technical means of their delivery , have also evolved considerably , giving rise to online services such as voice over ip , messaging services and web-based e-mail services , where the communication is delivered via an internet access service. those services , too , can benefit from the exemptions from liability , to the extent that they qualify as ‘mere conduit’ , ‘caching’ or hosting service. ### (27) new technologies have emerged that improve the availability , efficiency , speed , reliability , capacity and security of systems for the transmission and storage of data online , leading to an increasingly complex online ecosystem. in this regard , it should be recalled that providers of services establishing and facilitating the underlying logical architecture and proper functioning of the internet , including technical auxiliary functions , can also benefit from the exemptions from liability set out in this regulation , to the extent that their services qualify as ‘mere conduits’ , ‘caching’ or hosting services. such services include , as the case may be , wireless local area networks , domain name system (dns) services , top–level domain name registries , certificate authorities that issue digital certificates , or content delivery networks , that enable or improve the functions of other providers of intermediary services. likewise , services used for communications purposes , and the technical means of their delivery , have also evolved considerably , giving rise to online services such as voice over ip , messaging services and web-based e-mail services , where the communication is delivered via an internet access service. those services , too , can benefit from the exemptions from liability , to the extent that they qualify as ‘mere conduit’ , ‘caching’ or hosting service.


### member states shall make publicly available , and communicate to the commission and the board , the name of their competent authority designated as digital services coordinator and information on how it can be contacted. ### member states shall make publicly available , and communicate to the commission and the board , the name of their competent authority designated as digital services coordinator and information on how it can be contacted. the commission , as well , shall publish and update a register containing the name and contact information of the digital service coordinators responsible in each member state;


### the temporary restriction does not unduly restrict access to lawful information by recipients of the service , having regard to the number of recipients affected and whether any adequate and readily accessible alternatives exist. ### the temporary restriction does not restrict access to lawful information by recipients of the service.


### 6. member states shall ensure that any exercise of the powers pursuant to paragraphs 1 , 2 and 3 is subject to adequate safeguards laid down in the applicable national law in conformity with the charter and with the general principles of union law. in particular , those measures shall only be taken in accordance with the right to respect for private life and the rights of defence , including the rights to be heard and of access to the file , and subject to the right to an effective judicial remedy of all affected parties. ### 6. member states shall ensure that any exercise of the powers pursuant to paragraphs 1 , 2 and 3 is subject to the highest safeguards laid down in the applicable national law and in absolute conformity with the charter and with the general principles of union law. in particular , those measures shall only be taken in accordance with the right to respect for private life and the rights of defence , including the rights to be heard and of access to the file , and subject to the right to an effective judicial remedy of all affected parties.


### 3. the designated legal representative can be held liable for non-compliance with obligations under this regulation , without prejudice to the liability and legal actions that could be initiated against the provider of intermediary services. ### deleted


### 2. the commission shall regularly , and at least every 2 years , review whether the designated gatekeepers continue to satisfy the requirements laid down in article 3(1) , or whether new providers of core platform services satisfy those requirements. the regular review shall also examine whether the list of affected core platform services of the gatekeeper needs to be adjusted. ### 2. the commission shall regularly , and at least every 2 years , review whether the designated gatekeepers continue to satisfy the requirements laid down in article 3(1) , or whether new providers of core platform services satisfy those requirements. the regular review shall also examine whether the list of affected core platform services of the gatekeeper needs to be adjusted , in particular following any notification provided under article 3(3).


### 2. the commission shall regularly , and at least every 2 years , review whether the designated gatekeepers continue to satisfy the requirements laid down in article 3(1) , or whether new providers of core platform services satisfy those requirements. the regular review shall also examine whether the list of affected core platform services of the gatekeeper needs to be adjusted. ### 2. the commission shall regularly , and at least every 2 years , review whether the designated gatekeepers continue to satisfy the requirements laid down in article 3(1) , or whether new providers of core platform services satisfy those requirements. the regular review shall also examine whether the list of core platform services of the gatekeeper which individually serve as an important gateway for business users to reach end users as referred to in article 3(1)(b) needs to be adjusted.


### 2. the commission shall regularly , and at least every 2 years , review whether the designated gatekeepers continue to satisfy the requirements laid down in article 3(1) , or whether new providers of core platform services satisfy those requirements. the regular review shall also examine whether the list of affected core platform services of the gatekeeper needs to be adjusted. ### 2. the commission shall regularly , and at least every 2 years , review whether the designated gatekeepers continue to satisfy the requirements laid down in article 3(1) , or whether new providers of core platform services satisfy those requirements. the regular review shall also examine whether the list of affected core platform services of the gatekeeper needs to be adjusted and how small and medium-sized enterprises and consumers have been impacted by the designation of a core platform service as a gatekeeper.


### where the commission , on the basis of that review pursuant to the first subparagraph , finds that the facts on which the designation of the providers of core platform services as gatekeepers was based , have changed , it shall adopt a corresponding decision. ### where the commission , on the basis of the review pursuant to the first subparagraph , finds that the facts on which the designation of the undertaking providing core platform services as gatekeepers was based , have changed , it shall adopt a decision in accordance with the advisory procedure referred to in article 37a(2) , confirming , amending or repealing its previous decision designating the undertaking providing core platforms services as a gatekeeper.


### 3. the commission shall publish and update the list of gatekeepers and the list of the core platform services for which they need to comply with the obligations laid down in articles 5 and 6 on an on-going basis. ### 3. the commission shall , on a quarterly basis and whenever the member states so request , publish and update the list of gatekeepers and the list of the core platform services for which they need to comply with the obligations laid down in articles 5 and 6 on an on-going basis.


### in respect of each of its core platform services identified pursuant to article 3(7) , a gatekeeper shall: ### in respect of each of its core platform services identified pursuant to article 3(7) , and ancillary services , a gatekeeper shall:


### refrain from combining personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper or with personal data from third-party services , and from signing in end users to other services of the gatekeeper in order to combine personal data , unless the end user has been presented with the specific choice and provided consent in the sense of regulation (eu) 2016/679. ; ### refrain from combining personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper or with personal data from third-party services , and from signing in end users to other services of the gatekeeper in order to combine personal data , unless the end user has been presented with the specific choice and provided consent in the sense of regulation (eu) 2016/679 , and provided that resulting data is made available by the gatekeeper to third parties that provide competing advertising services , and no data advantage would be conferred upon the gatekeeper’s own core platform services as a result ;


### refrain from combining personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper or with personal data from third-party services , and from signing in end users to other services of the gatekeeper in order to combine personal data , unless the end user has been presented with the specific choice and provided consent in the sense of regulation (eu) 2016/679. ; ### refrain from combining personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper or with personal data from third-party services , and from signing in end users to other services of the gatekeeper in order to combine personal data.


### refrain from combining personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper or with personal data from third-party services , and from signing in end users to other services of the gatekeeper in order to combine personal data , unless the end user has been presented with the specific choice and provided consent in the sense of regulation (eu) 2016/679. ; ### refrain from combining personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper or with personal data from third-party services , and from signing in end users to other services of the gatekeeper in order to combine personal data , unless the end user has been presented with the specific choice and provided consent in the sense of regulation (eu) 2016/679 , and provided that resulting data is made available by the gatekeeper to third parties that provide competing advertising services , and no data advantage would be conferred upon the gatekeeper’s own core platform services as a result.


### refrain from combining personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper or with personal data from third-party services , and from signing in end users to other services of the gatekeeper in order to combine personal data , unless the end user has been presented with the specific choice and provided consent in the sense of regulation (eu) 2016/679. ; ### refrain from combining personal data sourced from any of its core platform services with personal data from any other core platform service or other services offered by the gatekeeper or with personal data from third-party services , and from signing in end users to other services of the gatekeeper in order to combine personal data , unless the end user has been presented with the specific choice and provided consent in the sense of article 6(1)(a) of regulation (eu) 2016/679. the gatekeeper may rely on the legal basis included under article 6(1)(c) , (d) and(e) of regulation (eu) 2016/679 , where applicable;


### refrain from combining personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper or with personal data from third-party services , and from signing in end users to other services of the gatekeeper in order to combine personal data , unless the end user has been presented with the specific choice and provided consent in the sense of regulation (eu) 2016/679. ; ### refrain from combining personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper or with personal data from third-party services , and from signing in end users to other services of the gatekeeper in order to combine personal data;


### refrain from combining personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper or with personal data from third-party services , and from signing in end users to other services of the gatekeeper in order to combine personal data , unless the end user has been presented with the specific choice and provided consent in the sense of regulation (eu) 2016/679. ; ### refrain from combining personal data sourced from any of its core platform services with personal data from any other core platform service or services offered by the gatekeeper or with personal data from third-party services , and from signing in end users to other services of the gatekeeper in order to combine personal data , unless the end user has been presented with the specific choice and provided consent in the sense of article 6(1) (a) of regulation (eu) 2016/679 , and provided that resulting data is made available by the gatekeeper to third parties that provide competing advertising services , and no data advantage would be conferred upon the gatekeeper’s own core platform services as a result. the gatekeeper may rely on the legal basis included under article 6(1)(c) or (d) of regulation (eu) 2016/679 , where applicable.


### refrain from combining personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper or with personal data from third-party services , and from signing in end users to other services of the gatekeeper in order to combine personal data , unless the end user has been presented with the specific choice and provided consent in the sense of regulation (eu) 2016/679. ; ### refrain from combining personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper or with personal data from third-party services , and from signing in end users to other services of the gatekeeper in order to combine personal data , and further combining personal data sourced from these core platform services with personal data from sources or services where the gatekeeper is present as a third party;


### allow business users to offer the same products or services to end users through third party online intermediation services at prices or conditions that are different from those offered through the online intermediation services of the gatekeeper; ### allow business users to offer the same products or services to end users through third party online intermediation services and through the business users’ own sales channels at prices or conditions that are different from those offered through the online intermediation services of the gatekeeper;


### allow business users to promote offers to end users acquired via the core platform service , and to conclude contracts with these end users regardless of whether for that purpose they use the core platform services of the gatekeeper or not , and allow end users to access and use , through the core platform services of the gatekeeper , content , subscriptions , features or other items by using the software application of a business user , where these items have been acquired by the end users from the relevant business user without using the core platform services of the gatekeeper; ### allow end users to access and use , through the core platform services of the gatekeeper , content , subscriptions , features or other items by using the software application of a business user , where these items have been acquired by the end users from the relevant business user without using the core platform services of the gatekeeper;


### (6) gatekeepers have a significant impact on the internal market , providing gateways for a large number of business users , to reach end users , everywhere in the union and on different markets. the adverse impact of unfair practices on the internal market and particularly weak contestability of core platform services , including their negative societal and economic implications , have led national legislators and sectoral regulators to act. a number of national regulatory solutions have already been adopted or proposed to address unfair practices and the contestability of digital services or at least with regard to some of them. this has created a risk of divergent regulatory solutions and thereby fragmentation of the internal market , thus raising the risk of increased compliance costs due to different sets of national regulatory requirements. ### (6) gatekeepers have a significant impact on the internal market , providing gateways for a large number of business users , to reach end users , everywhere in the union and on different markets. the adverse impact of unfair practices on the internal market and particularly weak contestability of core platform services , including their negative societal and economic implications , have led national legislators and sectoral regulators to act. a number of national regulatory solutions have already been adopted or proposed to address unfair practices and the contestability of digital services or at least with regard to some of them.


### (8) by approximating diverging national laws , obstacles to the freedom to provide and receive services , including retail services , within the internal market should be eliminated. a targeted set of harmonised mandatory rules should therefore be established at union level to ensure contestable and fair digital markets featuring the presence of gatekeepers within the internal market. ### (8) a targeted set of harmonised mandatory rules should therefore be established at union level to ensure contestable and fair digital markets featuring the presence of gatekeepers within the internal market.


### (9) a fragmentation of the internal market can only be effectively averted if member states are prevented from applying national rules which are specific to the types of undertakings and services covered by this regulation. at the same time , since this regulation aims at complementing the enforcement of competition law , it should be specified that this regulation is without prejudice to articles 101 and 102 tfeu , to the corresponding national competition rules and to other national competition rules regarding unilateral behaviour that are based on an individualised assessment of market positions and behaviour , including its likely effects and the precise scope of the prohibited behaviour , and which provide for the possibility of undertakings to make efficiency and objective justification arguments for the behaviour in question. however , the application of the latter rules should not affect the obligations imposed on gatekeepers under this regulation and their uniform and effective application in the internal market. ### (9) at the same time , since this regulation aims at complementing the enforcement of competition law , it should be specified that this regulation is without prejudice to articles 101 and 102 tfeu , to the corresponding national competition rules and to other national competition rules regarding unilateral behaviour that are based on an individualised assessment of market positions and behaviour , including its likely effects and the precise scope of the prohibited behaviour , and which provide for the possibility of undertakings to make efficiency and objective justification arguments for the behaviour in question. however , the application of the latter rules should not affect the obligations imposed on gatekeepers under this regulation and their uniform and effective application in the internal market.


### (13) in particular , online intermediation services , online search engines , operating systems , online social networking , video sharing platform services , number-independent interpersonal communication services , cloud computing services and online advertising services all have the capacity to affect a large number of end users and businesses alike , which entails a risk of unfair business practices. they therefore should be included in the definition of core platform services and fall into the scope of this regulation. online intermediation services may also be active in the field of financial services , and they may intermediate or be used to provide such services as listed non-exhaustively in annex ii to directive (eu) 2015/1535 of the european parliament and of the council32 . in certain circumstances , the notion of end users should encompass users that are traditionally considered business users , but in a given situation do not use the core platform services to provide goods or services to other end users , such as for example businesses relying on cloud computing services for their own purposes. ### (13) in particular , online intermediation services , online search engines , operating systems (which include digital voice assistants and connected tvs) , online social networking , video sharing platform services , number-independent interpersonal communication services , cloud computing services , web browsers and online advertising services all have the capacity to affect a large number of end users and businesses alike , which entails a risk of unfair business practices. they therefore should be included in the definition of core platform services and fall into the scope of this regulation. online intermediation services may also be active in the field of financial services , and they may intermediate or be used to provide such services as listed non-exhaustively in annex ii to directive (eu) 2015/1535 of the european parliament and of the council32 . in certain circumstances , the notion of end users should encompass users that are traditionally considered business users , but in a given situation do not use the core platform services to provide goods or services to other end users , such as for example businesses relying on cloud computing services for their own purposes.


### (57) in particular gatekeepers which provide access to software application stores serve as an important gateway for business users that seek to reach end users. in view of the imbalance in bargaining power between those gatekeepers and business users of their software application stores , those gatekeepers should not be allowed to impose general conditions , including pricing conditions , that would be unfair or lead to unjustified differentiation. pricing or other general access conditions should be considered unfair if they lead to an imbalance of rights and obligations imposed on business users or confer an advantage on the gatekeeper which is disproportionate to the service provided by the gatekeeper to business users or lead to a disadvantage for business users in providing the same or similar services as the gatekeeper. the following benchmarks can serve as a yardstick to determine the fairness of general access conditions: prices charged or conditions imposed for the same or similar services by other providers of software application stores; prices charged or conditions imposed by the provider of the software application store for different related or similar services or to different types of end users; prices charged or conditions imposed by the provider of the software application store for the same service in different geographic regions; prices charged or conditions imposed by the provider of the software application store for the same service the gatekeeper offers to itself. this obligation should not establish an access right and it should be without prejudice to the ability of providers of software application stores to take the required responsibility in the fight against illegal and unwanted content as set out in regulation [digital services act]. ### (57) in particular gatekeepers which provide access to software application stores serve as an important gateway for business users that seek to reach end users. in view of the imbalance in bargaining power between those gatekeepers and business users of their software application stores , especially those that are smes particularly such as publishers accessing online search engine and online social networks , those gatekeepers should not be allowed to impose general conditions , including pricing conditions , that would be unfair or lead to unjustified differentiation. pricing or other general access conditions should be considered unfair if they lead to an imbalance of rights and obligations imposed on business users or confer an advantage on the gatekeeper which is disproportionate to the service provided by the gatekeeper to business users or lead to a disadvantage for business users in providing the same or similar services as the gatekeeper. the following benchmarks can serve as a yardstick to determine the fairness of general access conditions: prices charged or conditions imposed for the same or similar services by other providers of software application stores; prices charged or conditions imposed by the provider of the software application store for different related or similar services or to different types of end users; prices charged or conditions imposed by the provider of the software application store for the same service in different geographic regions; prices charged or conditions imposed by the provider of the software application store for the same service the gatekeeper offers to itself. this obligation should not establish an access right and it should be without prejudice to the ability of providers of software application stores to take the required responsibility in the fight against illegal and unwanted content as set out in regulation [digital services act].


### (57) in particular gatekeepers which provide access to software application stores serve as an important gateway for business users that seek to reach end users. in view of the imbalance in bargaining power between those gatekeepers and business users of their software application stores , those gatekeepers should not be allowed to impose general conditions , including pricing conditions , that would be unfair or lead to unjustified differentiation. pricing or other general access conditions should be considered unfair if they lead to an imbalance of rights and obligations imposed on business users or confer an advantage on the gatekeeper which is disproportionate to the service provided by the gatekeeper to business users or lead to a disadvantage for business users in providing the same or similar services as the gatekeeper. the following benchmarks can serve as a yardstick to determine the fairness of general access conditions: prices charged or conditions imposed for the same or similar services by other providers of software application stores; prices charged or conditions imposed by the provider of the software application store for different related or similar services or to different types of end users; prices charged or conditions imposed by the provider of the software application store for the same service in different geographic regions; prices charged or conditions imposed by the provider of the software application store for the same service the gatekeeper offers to itself. this obligation should not establish an access right and it should be without prejudice to the ability of providers of software application stores to take the required responsibility in the fight against illegal and unwanted content as set out in regulation [digital services act]. ### (57) in particular gatekeepers which provide access to software application stores serve as an important gateway for business users that seek to reach end users. in view of the imbalance in bargaining power between those gatekeepers and business users of their software application stores , those gatekeepers should not be allowed to impose general conditions , including pricing conditions , that would be unfair or lead to unjustified differentiation. pricing or other general access conditions should be considered unfair if they lead to an imbalance of rights and obligations imposed on business users or confer an advantage on the gatekeeper which is disproportionate to the service provided by the gatekeeper to business users or lead to a disadvantage for business users in providing the same or similar services as the gatekeeper. the following benchmarks can serve as a yardstick to determine the fairness of general access conditions: prices charged or conditions imposed for the same or similar services by other providers of software application stores; prices charged or conditions imposed by the provider of the software application store for different related or similar services or to different types of end users; prices charged or conditions imposed by the provider of the software application store for the same service in different geographic regions; prices charged or conditions imposed by the provider of the software application store for the same service the gatekeeper offers to itself. this obligation should not establish an access right and it should be without prejudice to the ability of providers of software application stores to take the required responsibility in the fight against illegal content as set out in regulation [digital services act].


### 7. a gatekeeper may request the opening of proceedings pursuant to article 18 for the commission to determine whether the measures that the gatekeeper intends to implement or has implemented under article 6 are effective in achieving the objective of the relevant obligation in the specific circumstances. a gatekeeper may , with its request , provide a reasoned submission to explain in particular why the measures that it intends to implement or has implemented are effective in achieving the objective of the relevant obligation in the specific circumstances. ### 7. a gatekeeper may request the opening of proceedings pursuant to article 18 for the commission to determine whether the measures that the gatekeeper intends to implement or has implemented under article 6 are effective in achieving the objective of the relevant obligation in the specific circumstances. a gatekeeper shall , with its request , provide a reasoned submission to explain in particular why the measures that it intends to implement or has implemented are effective in achieving the objective of the relevant obligation in the specific circumstances. . the commission may open proceedings pursuant to article 18 and by decision adopted in accordance with the advisory procedure referred to in article 37a(2) specify the measures that the gatekeeper concerned shall implement. the commission shall adopt a decision pursuant to this provision within six months from the opening of proceedings pursuant to article 18.


### article 8 ### deleted


### 1. the commission may , on a reasoned request by the gatekeeper , exceptionally suspend , in whole or in part , a specific obligation laid down in articles 5 and 6 for a core platform service by decision adopted in accordance with the advisory procedure referred to in article 32(4) , where the gatekeeper demonstrates that compliance with that specific obligation would endanger , due to exceptional circumstances beyond the control of the gatekeeper , the economic viability of the operation of the gatekeeper in the union , and only to the extent necessary to address such threat to its viability. the commission shall aim to adopt the suspension decision without delay and at the latest 3 months following receipt of a complete reasoned request. ### 1. the commission may , on a reasoned request by the gatekeeper , or acting by court order , exceptionally suspend , in whole or in part , a specific obligation laid down in articles 5 and 6 for a core platform service by decision adopted in accordance with the advisory procedure referred to in article 32(4) , where the gatekeeper demonstrates that compliance with that specific obligation would endanger , due to exceptional circumstances beyond the control of the gatekeeper , the economic viability of the operation of the gatekeeper in the union , and only to the extent necessary to address such threat to its viability. the commission shall aim to adopt the suspension decision without delay and at the latest 3 months following receipt of a complete reasoned request.


### 1. the commission may , acting on a reasoned request by a gatekeeper or on its own initiative , by decision adopted in accordance with the advisory procedure referred to in article 32(4) , exempt it , in whole or in part , from a specific obligation laid down in articles 5 and 6 in relation to an individual core platform service identified pursuant to article 3(7) , where such exemption is justified on the grounds set out in paragraph 2 of this article. the commission shall adopt the exemption decision at the latest 3 months after receiving a complete reasoned request. ### 1. the commission , in cooperation with the member states and after consulting the advisory committee , may , acting on a reasoned request by a gatekeeper or on its own initiative , by decision adopted in accordance with the advisory procedure referred to in article 32(4) , exempt it , in whole or in part , from a specific obligation laid down in articles 5 and 6 in relation to an individual core platform service identified pursuant to article 3(7) , where such exemption is justified on the grounds set out in paragraph 2 of this article. the commission shall adopt the exemption decision at the latest 3 months after receiving a complete reasoned request.


### 1. the commission may , acting on a reasoned request by a gatekeeper or on its own initiative , by decision adopted in accordance with the advisory procedure referred to in article 32(4) , exempt it , in whole or in part , from a specific obligation laid down in articles 5 and 6 in relation to an individual core platform service identified pursuant to article 3(7) , where such exemption is justified on the grounds set out in paragraph 2 of this article. the commission shall adopt the exemption decision at the latest 3 months after receiving a complete reasoned request. ### 1. the commission may , acting on a reasoned request by a gatekeeper or on a court order or upon the request of the member states , by decision adopted in accordance with the advisory procedure referred to in article 32(4) , exempt it , in whole or in part , from a specific obligation laid down in articles 5 and 6 in relation to an individual core platform service identified pursuant to article 3(7) , where such exemption is justified on the grounds set out in paragraph 2 of this article. the commission shall adopt the exemption decision at the latest 3 months after receiving a complete reasoned request.


### article 10 ### deleted


### 1. the commission is empowered to adopt delegated acts in accordance with article 34 to update the obligations laid down in articles 5 and 6 where , based on a market investigation pursuant to article 17 , it has identified the need for new obligations addressing practices that limit the contestability of core platform services or are unfair in the same way as the practices addressed by the obligations laid down in articles 5 and 6. ### deleted


### there is an imbalance of rights and obligations on business users and the gatekeeper is obtaining an advantage from business users that is disproportionate to the service provided by the gatekeeper to business users; or ### there is an imbalance of rights and obligations on business users or the gatekeeper is obtaining an advantage from business users that is disproportionate to the service provided by the gatekeeper to business users; or


### 1. a gatekeeper shall ensure that the obligations of articles 5 and 6 are fully and effectively complied with. while the obligations of articles 5 and 6 apply in respect of core platform services designated pursuant to article 3 , their implementation shall not be undermined by any behaviour of the undertaking to which the gatekeeper belongs , regardless of whether this behaviour is of a contractual , commercial , technical or any other nature. ### 1. a gatekeeper shall ensure that the obligations of articles 5 and 6 are fully and effectively complied with. while the obligations of articles 5 and 6 apply in respect of core platform services designated pursuant to article 3 , their implementation shall not be undermined by any behaviour of the undertaking to which the gatekeeper belongs , regardless of whether this behaviour is of a contractual , commercial , technical or any other nature. in particular , the gatekeeper’s actions shall adequately ensure transparency , interoperability (including equitable use of and access to data) and equal treatment (for example , where anti-competitive self-preferencing , tying or bundling may arise).