### providers of online intermediation services shall bear a reasonable proportion of the total costs of mediation in each individual case . a reasonable proportion of those total costs shall be determined , on the basis of a suggestion by the mediator , by taking into account all relevant elements of the case at hand , in particular the relative merits of the claims of the parties to the dispute , the conduct of the parties , as well as the size and financial strength of the parties relative to one another . however , providers of online intermediation services shall in any case bear at least half of the total cost . ### providers of online intermediation services shall bear a reasonable proportion of the total costs of mediation in each individual case . a reasonable proportion of those total costs shall be determined , on the basis of a suggestion by the mediator , by taking into account all relevant elements of the case at hand , in particular the relative merits of the claims of the parties to the dispute , the conduct of the parties , as well as the size and financial strength of the parties relative to one another .


### for reasons of consistency , the definition of online search engine used in this regulation should be aligned with the definition used in directive 2016 / 1148 of the european parliament and of the council21 . _________________ 21 directive 2016 / 1148 of the european parliament and of the council concerning measures for a high common level of security of network and information systems across the union . ### the definition of online search engine used in this regulation should be broader than the definition used in directive 2016 / 1148 of the european parliament and of the council21 in order to ensure technology - neutrality and recognise the variety of search services . _________________ 21 directive 2016 / 1148 of the european parliament and of the council concerning measures for a high common level of security of network and information systems across the union .


### where a provider of online intermediation services itself offers certain goods or services to consumers through its own online intermediation services , or does so through a business user which it controls , that provider may compete directly with other business users of its online intermediation services which are not controlled by the provider . in such situations , in particular , it is important that the provider of online intermediation services acts in a transparent manner and provides a description of any differentiated treatment , whether through legal , commercial or technical means , that it might give in respect of goods or services it offers itself compared to those offered by business users . to ensure proportionality , this obligation should apply at the level of the overall online intermediation services , rather than at the level of individual goods or services offered through those services . ### where a provider of online intermediation services or online search engine itself offers certain goods or services to consumers through its own online intermediation services or online search engine , or does so through a business user which it controls , that provider may compete directly with other business users of its online intermediation services which are not controlled by the provider . in such situations , in particular , it is important that the provider of online intermediation services or online search engine acts in a transparent manner and provides a description of any differentiated treatment , whether through legal , commercial or technical means , that it might give in respect of goods or services it offers itself compared to those offered by business users . to ensure proportionality , this obligation should apply at the level of the overall online intermediation services , rather than at the level of individual goods or services offered through those services .


### providers of online intermediation services might in certain cases restrict in the terms and conditions the ability of business users to offer goods or services to consumers under more favourable conditions through other means than through those online intermediation services . in those cases , the providers concerned should set out the grounds for doing so , in particular with reference to the main economic , commercial or legal considerations for the restrictions . this transparency obligation should however not be understood as affecting the assessment of the legality of such restrictions under other acts of union law or the law of member states in accordance with union law , including in the areas of competition and unfair commercial practices , and the application of such laws . ### providers of online intermediation services should not restrict in the terms and conditions the ability of business users to offer goods or services to consumers under more favourable conditions through other means than through those online intermediation services . such restrictions originate in a specific business model and have been a cause of fragmentation of the single european digital market .


### terms and conditions , or specific provisions thereof , which do not comply with the requirements of paragraph 1 shall not be binding on the business user concerned where such non - compliance is established by a competent court . ### terms and conditions , or specific provisions thereof , which do not comply with the requirements of paragraph 1 shall be considered voidable .


### whether a business user has access to personal data or other data , or both , provided by that business user in connection to his or her use of the online intermediation services concerned or generated through the provision of those services to that business user and the consumers of his or her goods or services , and if so , to which categories of such data and under what conditions ; ### whether a business user has access to personal data or other data , or both , provided by that business user in connection to his or her use of the online intermediation services or online search engine concerned or generated through the provision of those services to that business user and the consumers of his or her goods or services , and if so , to which categories of such data and under what conditions ;


### the right referred to in paragraph 1 shall be without prejudice to the rights of business users and corporate website users to individually take action before competent national courts , in accordance with the rules of the law of the member state where the action is brought , to address any non - compliance by providers of online intermediation services with the relevant requirements laid down in this regulation . ### the right referred to in paragraph 1 shall be without prejudice to the rights of business users and corporate website users to individually take action before competent national courts , in accordance with the rules of the law of the member state where the action is brought , to address any non - compliance by providers of online intermediation services or online search engines with the relevant requirements laid down in this regulation .


### duly consider complaints lodged and the follow - up which they may need to give to the complaint in order to adequately address the issue raised , in a manner which is proportionate to the importance and complexity of that issue ; ### duly consider complaints lodged ;


### where , in the provision of their services , providers of online intermediation services restrict the ability of business users to offer the same goods and services to consumers under different conditions through other means than through those services , they shall include grounds for that restriction in their terms and conditions and make those grounds easily available to the public . those grounds shall include the main economic , commercial or legal considerations for those restrictions . ### providers of online intermediation services shall not restrict the ability of business users to offer the same goods and services to consumers under different conditions through other means than through those services .


### set out the objective grounds for decisions to suspend or terminate , in whole or in part , the provision of their online intermediation services to business users . ### set out the grounds for decisions to suspend or terminate , in whole or in part , the provision of their online intermediation services to business users , including , but not restricted to , practices and online security threats that can cause immediate harm to consumers or business users , such as fraud , spam , security issues , phishing , abuse of the consumer data or financial position , etc .


### the ability to access and use data , including personal data , can enable important value creation in the online platform economy . accordingly , it is important that providers of online intermediation services provide business users with a clear description of the scope , nature and conditions of their access to and use of certain categories of data . the description should be proportionate and might refer to general access conditions , rather than an exhaustive identification of actual data , or categories of data , in order to enable business users to understand whether they can use the data to enhance value creation , including by possibly retaining third - party data services . processing of personal data should comply with regulation 2016 / 679 of the european parliament and of the council . 24 __________________ 24 regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec . ### the ability to access and use data , including personal data , can enable important value creation in the online platform economy . accordingly , it is important that providers of online intermediation services provide business users with a clear description of the scope , nature and conditions of their access to and use of certain categories of data . the description should be proportionate and might refer to general access conditions , rather than an exhaustive identification of actual data , or categories of data , in order to enable business users to understand whether they can use the data to enhance value creation , including by possibly retaining third - party data services . processing of personal data should comply with regulation 2016 / 679 of the european parliament and of the council . 24this regulation should not require online intermediation service providers to share personal data with third parties beyond what is set out in their privacy policies . __________________ 24 regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec .


### a provider of online intermediation services can have legitimate reasons to decide to suspend or terminate the provision of its services , in whole or in part , to a given business user , including by delisting individual goods or services of a given business user or effectively removing search results . however , given that such decisions can significantly affect the interests of the business user concerned , they should be properly informed of the reasons thereof . the statement of reasons should allow business users to ascertain whether there is scope to challenge the decision , thereby improving the possibilities for business users to seek effective redress where necessary . in addition , requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content , in line with commission recommendation no 2018 / 33422 . the statement of reasons should identify the objective ground or grounds for the decision , based on the grounds that the provider had set out in advance in its terms and conditions , and refer in a proportionate manner to the relevant specific circumstances that led to that decision . __________________ 22 commission recommendation no 2018 / 334 of 1 march 2018 on measures to effectively tackle illegal content online . ### a provider of online intermediation services can have legitimate reasons to decide to apply restrictions or sanctions to business users , to suspend or terminate the provision of its services , in whole or in part , to a given business user , including by delisting individual goods or services of a given business user or effectively removing search results . this could include violation of the terms and conditions , as well as business user violation which could be harmful to the consumer or to the platforms . given that such decisions can significantly affect the interests of the business user concerned as well as the exercise of fundamental rights business users enjoy , such as the freedom to conduct business and freedom of expression , they should be properly informed of the reasons thereof . the statement of reasons should allow business users to ascertain whether there is scope to challenge the decision , thereby improving the possibilities for business users to seek effective redress where necessary . in addition , requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content , in line with commission recommendation no 2018 / 33422 . the statement of reasons should identify the objective ground or grounds for the decision , based on the grounds that the provider had set out in advance in its terms and conditions , and refer in a proportionate manner to the relevant specific circumstances that led to that decision . __________________ 22 commission recommendation no 2018 / 334 of 1 march 2018 on measures to effectively tackle illegal content online .


### they pursue objectives that are in the collective interest of the group of business users or corporate website users that they represent ; ### they pursue objectives that are in the collective interest of the group of a majority of business users or corporate website users that they represent , which group must consist of at least 10 independent business users or corporate website users ;


### online intermediation services and online search engines , as well as the commercial transactions facilitated by those services , have an intrinsic cross - border potential and are of particular importance for the proper functioning of the union ' s internal market in today ' s economy . the potentially unfair and harmful trading practices of certain providers of those services in respect of business users and corporate website users hamper the full realisation of that potential and negatively affect the proper functioning of the internal market . in addition , the full realisation of that potential is hampered , and the proper functioning of the internal market is negatively affected , by diverging laws of certain member states which , with a varying degree of effectiveness , regulate those services , while other member states are considering adopting such laws . ### online intermediation services and online search engines , as well as the commercial transactions facilitated by those services , have an intrinsic cross - border potential and are of particular importance for the proper functioning of the union ' s internal market in today ' s economy . the potentially unfair and harmful trading practices of certain providers of those services in respect of business users and corporate website users may effectively limit the volume of sales by suppliers through on - line intermediation services and even undermine their market confidence , hampering the full realisation of that potential and negatively affecting the proper functioning of the internal market . in addition , the full realisation of that potential is hampered , and the proper functioning of the internal market is negatively affected , by significant regulatory disparities in the eu resulting from the diverging laws of certain member states which , with a varying degree of effectiveness , regulate those services , while other member states are considering adopting such laws .


### it shall apply from [ date : six months following the day of its publication ] . ### it shall apply from [ date : twelve months following the day of its publication ] .


### providers of online intermediation services shall bear a reasonable proportion of the total costs of mediation in each individual case . a reasonable proportion of those total costs shall be determined , on the basis of a suggestion by the mediator , by taking into account all relevant elements of the case at hand , in particular the relative merits of the claims of the parties to the dispute , the conduct of the parties , as well as the size and financial strength of the parties relative to one another . however , providers of online intermediation services shall in any case bear at least half of the total cost . ### providers of online intermediation services and business users shall bear a reasonable proportion of the total costs of mediation in each individual case . a reasonable proportion of those total costs shall be determined , on the basis of a suggestion by the mediator , by taking into account all relevant elements of the case at hand , in particular the relative merits of the claims of the parties to the dispute , the conduct of the parties , as well as the size and financial strength of the parties relative to one another . should the mediator find that the business user is acting in bad faith or is seeking to abuse the mediation process , it can decide to make the business user bear more than half of the total cost .


### organisations and associations that have a legitimate interest in representing business users or in representing corporate website users , as well as public bodies set up in member states , shall have the right to take action before national courts in the union , in accordance with the rules of the law of the member state where the action is brought , to stop or prohibit any non - compliance by providers of online intermediation services or by providers of online search engines with the relevant requirements laid down in this regulation . ### after all the other options to settle a dispute between a platform and a business user provided for in this regulation in article 9 and article 10 have been exhausted , organisations and associations that have a genuine long - standing and legitimate interest in representing business users or in representing corporate website users and that are authorised and supervised by appropriate member state public bodies , as well as public bodies set up in member states , shall have the right to take action before national courts in the union , in accordance with the rules of the law of the member state where the action is brought , to stop or prohibit any non - compliance by providers of online intermediation services or by providers of online search engines with the relevant requirements laid down in this regulation .


### they are provided to business users on the basis of contractual relationships between , on the one hand , the provider of those services and , on the other hand , both those business users and the consumers to which those business users offer goods or services ; ### they are provided to business users on the basis of contractual relationships between the provider of those services and business users who offer goods and services to consumers ;


### ' terms and conditions ' means all terms , conditions , clauses and other information , irrespective of their name or form , which govern the contractual relationship between the provider of online intermediation services and their business users and are unilaterally determined by the provider of online intermediation services . ### ' terms and conditions ' means the terms , conditions and clauses which govern the contractual relationship between the provider of online intermediation services and their business users and are unilaterally determined by the provider of online intermediation services .


### providers of online intermediation services should bear a reasonable proportion of the total costs of the mediation , taking into account all relevant elements of the case at hand . to that aim , the mediator should suggest which proportion is reasonable in the individual case . however , that proportion should never be less than half of those costs . ### providers of online intermediation services should bear a reasonable proportion of the total costs of the mediation , taking into account all relevant elements of the case at hand . to that aim , the mediator should suggest which proportion is reasonable in the individual case .


### providers of online intermediation services might in certain cases restrict in the terms and conditions the ability of business users to offer goods or services to consumers under more favourable conditions through other means than through those online intermediation services . in those cases , the providers concerned should set out the grounds for doing so , in particular with reference to the main economic , commercial or legal considerations for the restrictions . this transparency obligation should however not be understood as affecting the assessment of the legality of such restrictions under other acts of union law or the law of member states in accordance with union law , including in the areas of competition and unfair commercial practices , and the application of such laws . ### providers of online intermediation services might in certain cases restrict in the terms and conditions the ability of business users to offer goods or services to consumers under more favourable conditions through other means than through those online intermediation services . such restrictions should not be admissible , as they deprive business users from exercising their entrepreneurial freedom to set the conditions and means of sale of their own products and services , and may also harm consumers by preventing them access to a wider choice .


### where a provider of online intermediation services decides to suspend or terminate , in whole or in part , the provision of its online intermediation services to a given business user , it shall provide the business user concerned , without undue delay , with a statement of reasons for that decision . ### where a provider of online intermediation services decides to sanction perceived misconduct , or suspend or terminate , in whole or in part , the provision of its online intermediation services to a given business user , it shall provide the business user concerned , without undue delay , with a statement of reasons for that decision . such decision shall be proportionate .


### they allow business users to offer goods or services to consumers , with a view to facilitating the initiating of direct transactions between those business users and consumers , irrespective of where those transactions are ultimately concluded ; ### their primary purpose is to enable business users to offer goods or services to consumers by initiating direct online transactions between those business users and consumers on the online portal of the provider of the online intermediation services in question or by direct link to that of the business user .


### that information shall include the total number of complaints lodged , the subject - matter of the complaints , the time period needed to process the complaints and the decision taken on the complaints . ### that information shall include the total number of complaints lodged , the main types of complaints and the average time period needed to process the complaints .


### any attempt to reach an agreement through mediation on the settlement of a dispute in accordance with this article shall not affect the rights of the providers of the online intermediation services and of the business users concerned to initiate judicial proceedings at any time during or after the mediation process . ### any attempt to reach an agreement through mediation on the settlement of a dispute in accordance with this article shall not affect the rights of the providers of the online intermediation services and of the business users concerned to initiate judicial proceedings at any time during or after the mediation process . initiation of judicial proceedings is not conditional on the initiation of mediation process .


### providers of online intermediation services shall identify in their terms and conditions one or more mediators with which they are willing to engage to attempt to reach an agreement with business users on the settlement , out of court , of any disputes between the provider and the business user arising in relation to the provision of the online intermediation services concerned , including complaints that could not be resolved by means of the internal complaint - handling system referred to in article 9 . ### providers of online intermediation services shall identify in their terms and conditions one or more mediators with which they are willing to engage to attempt to reach an agreement with business users on the settlement , out of court , of disputes between the provider and the business user arising in relation to the provision of the online intermediation services concerned , which could not be resolved by means of the internal complaint - handling system referred to in article 9 .


### organisations and associations that have a legitimate interest in representing business users or in representing corporate website users , as well as public bodies set up in member states , shall have the right to take action before national courts in the union , in accordance with the rules of the law of the member state where the action is brought , to stop or prohibit any non - compliance by providers of online intermediation services or by providers of online search engines with the relevant requirements laid down in this regulation . ### organisations and associations that have a legitimate interest in representing business users or in representing corporate website users , as well as public bodies set up in member states , shall have the right to take action before national courts in the union , in accordance with the rules of the law of the member state where the action is brought , to stop or prohibit any non - compliance by providers of online intermediation services or by providers of online search engines with the information , non - discrimination and access to data requirements laid down in this regulation .


### a wide variety of business - to - consumer commercial relations are intermediated online by providers operating multi - sided services that are essentially based on the same ecosystem - building business model . in order to capture the relevant services , online intermediation services should be defined in a precise and technologically - neutral manner . in particular , the services should consist of information society services , which are characterised by the fact that they aim to facilitate the initiating of direct transactions between business users and consumers , irrespective of whether the transactions are ultimately concluded either online , on the online portal of the provider of the online intermediation services in question or that of the business user , or offline . in addition , the services should be provided on the basis of contractual relationships both between the providers and business users and between the providers and the consumers . such a contractual relationship should be deemed to exist where both parties concerned express their intention to be bound in an unequivocal and verifiable manner , without an express written agreement necessarily being required . ### a wide variety of business - to - consumer commercial relations are intermediated online by providers operating multi - sided services that are essentially based on the same ecosystem - building business model . in order to capture the relevant services , online intermediation services should be defined in a precise and technologically - neutral manner . in particular , the services should consist of information society services , which are characterised by the fact that they initiate transactions between business users and consumers , irrespective of whether the transactions are ultimately concluded on the online portal of the provider of the online intermediation services in question or that of the business user . in addition , the services should be provided on the basis of contractual relationships both between the providers and business users where providers act as intermediaries towards consumers . such a contractual relationship should be deemed to exist where both parties concerned express their intention to be bound in an unequivocal and verifiable manner , without an express written agreement necessarily being required .


### organisations or associations shall have the right referred to in paragraph 1 only where , at the time of bringing the action , they meet all of the following requirements : ### organisations or associations shall have the right referred to in paragraph 1 only where , at the time of bringing the action and for the duration of the action , they continue to meet all of the following requirements :


### where , in the provision of their services , providers of online intermediation services restrict the ability of business users to offer the same goods and services to consumers under different conditions through other means than through those services , they shall include grounds for that restriction in their terms and conditions and make those grounds easily available to the public . those grounds shall include the main economic , commercial or legal considerations for those restrictions . ### providers of online intermediation services shall not restrict the ability of business users to offer different conditions to consumers for obtaining the goods and services at issue through other means than those services


### providers of online intermediation services should bear a reasonable proportion of the total costs of the mediation , taking into account all relevant elements of the case at hand . to that aim , the mediator should suggest which proportion is reasonable in the individual case . however , that proportion should never be less than half of those costs . ### providers of online intermediation services should bear a reasonable proportion of the total costs of the mediation , taking into account all relevant elements of the case at hand including whether the case was brought in good faith with a reasonable prospect of success . to that aim , the mediator should suggest which proportion is reasonable in the individual case .


### online intermediation services and online search engines , as well as the commercial transactions facilitated by those services , have an intrinsic cross - border potential and are of particular importance for the proper functioning of the union ' s internal market in today ' s economy . the potentially unfair and harmful trading practices of certain providers of those services in respect of business users and corporate website users hamper the full realisation of that potential and negatively affect the proper functioning of the internal market . in addition , the full realisation of that potential is hampered , and the proper functioning of the internal market is negatively affected , by diverging laws of certain member states which , with a varying degree of effectiveness , regulate those services , while other member states are considering adopting such laws . ### online intermediation services and online search engines , as well as the transactions facilitated by those services , have an intrinsic cross - border potential and are of particular importance for the proper functioning of the union ' s internal market in today ' s economy . the potentially unfair and harmful trading practices of certain providers of those services in respect of business users and corporate website users hamper the full realisation of that potential and negatively affect the proper functioning of the internal market . in addition , the full realisation of that potential is hampered , and the proper functioning of the internal market is negatively affected , by diverging laws of certain member states which , with a varying degree of effectiveness , regulate those services , while other member states are considering adopting such laws .


### a wide variety of business - to - consumer commercial relations are intermediated online by providers operating multi - sided services that are essentially based on the same ecosystem - building business model . in order to capture the relevant services , online intermediation services should be defined in a precise and technologically - neutral manner . in particular , the services should consist of information society services , which are characterised by the fact that they aim to facilitate the initiating of direct transactions between business users and consumers , irrespective of whether the transactions are ultimately concluded either online , on the online portal of the provider of the online intermediation services in question or that of the business user , or offline . in addition , the services should be provided on the basis of contractual relationships both between the providers and business users and between the providers and the consumers . such a contractual relationship should be deemed to exist where both parties concerned express their intention to be bound in an unequivocal and verifiable manner , without an express written agreement necessarily being required . ### a wide variety of business - to - consumer commercial relations are intermediated online by providers operating multi - sided services that are essentially based on the same ecosystem - building business model . in order to capture the relevant services , online intermediation services should be defined in a precise and technologically - neutral manner . in particular , the services should consist of information society services , which are characterised by the fact that they aim to facilitate the initiating of direct transactions between business users and consumers , irrespective of whether the transactions are ultimately concluded either online , on the online portal of the provider of the online intermediation services in question or that of the business user , or offline . in addition , the services should be provided on the basis of contractual relationships both between the providers and business users and between the providers and the consumers . such a contractual relationship should be deemed to exist where both parties concerned express their intention to be bound in an unequivocal and verifiable manner , without an express written agreement necessarily being required . the purpose of this regulation is to establish provisions relating to those information society services which , in addition to the above requirements , perform a function of ' intermediation ' in an online marketplace . the mere presence of advertising on a webpage should not itself mean that the webpage falls under the scope of this regulation .


### they pursue objectives that are in the collective interest of the group of business users or corporate website users that they represent ; ### they pursue objectives that are in the collective interest of the group of a majority of business users or corporate website users that they represent , which group must consist of at least 10 independent business users or corporate website users ;


### ranking ; ### ranking and default settings ;


### the obligation set out in paragraph 1 shall not affect any prohibitions or limitations in respect of the imposition of such restrictions that result from the application of other union rules or from national rules that are in accordance with union law and to which the providers of the online intermediation services are subject . ### this regulation shall not affect any prohibitions or limitations in respect of the imposition of such restrictions that result from the application of other union rules or from national rules that are in accordance with union law and to which the providers of the online intermediation services are subject .


### in order to enable business users , including those whose use of the relevant online intermediation services might have been suspended or terminated , to have access to immediate , suitable and effective redress possibilities , providers of online intermediation services should provide for an internal complaint - handling system . that internal complaint - handling system should be aimed at ensuring that a significant proportion of complaints can be solved bilaterally by the provider of the online intermediation services and the relevant business user . in addition , ensuring that providers of online intermediation services publish information on the functioning and effectiveness of their internal complaint - handling system should help business users to understand the types of issues that can arise in the context of the provision of different online intermediation services and the possibility of reaching a quick and effective bilateral resolution . ### in order to enable business users , including those whose use of the relevant online intermediation services might have been restricted , suspended or terminated , to have access to immediate , proportionate , suitable and effective redress possibilities , providers of online intermediation services should provide for an effective and rapid internal complaint - handling system . that internal complaint - handling system should be transparent , simplified and non - discriminatory aimed at ensuring that a significant proportion of complaints can be solved bilaterally by the provider of the online intermediation services and the relevant business user . in addition , ensuring that providers of online intermediation services publish information on the functioning and effectiveness of their internal complaint - handling system should help business users to understand the types of issues that can arise in the context of the provision of different online intermediation services and the possibility of reaching a quick , effective and non - discriminatory bilateral resolution .


### ' terms and conditions ' means all terms , conditions , clauses and other information , irrespective of their name or form , which govern the contractual relationship between the provider of online intermediation services and their business users and are unilaterally determined by the provider of online intermediation services . ### ' terms and conditions ' means all terms , conditions , clauses and other information , irrespective of their name or form , which govern the contractual relationship between the provider of online intermediation services and their business users .


### providers of online intermediation services shall notify to the business users concerned any envisaged modification of their terms and conditions . ### providers of online intermediation services shall notify to the business users concerned any material modification of their terms and conditions which are to affect them in a non - negligible manner .


### set out the objective grounds for decisions to suspend or terminate , in whole or in part , the provision of their online intermediation services to business users . ### set out the grounds for decisions to restrict , suspend or terminate , in whole or in part , the provision of their online intermediation services to business users .


### providers of online intermediation services might in certain cases restrict in the terms and conditions the ability of business users to offer goods or services to consumers under more favourable conditions through other means than through those online intermediation services . in those cases , the providers concerned should set out the grounds for doing so , in particular with reference to the main economic , commercial or legal considerations for the restrictions . this transparency obligation should however not be understood as affecting the assessment of the legality of such restrictions under other acts of union law or the law of member states in accordance with union law , including in the areas of competition and unfair commercial practices , and the application of such laws . ### providers of online intermediation services might in certain cases restrict in the terms and conditions the ability of business users to offer goods or services to consumers under more favourable conditions through other means than through those online intermediation services . such restrictions should not be admissible , as they deprive business users from exercising their entrepreneurial freedom to set the conditions and means of sale of their own products and services , and may also harm consumers by preventing them access to a wider choice .


### a provider of online intermediation services can have legitimate reasons to decide to suspend or terminate the provision of its services , in whole or in part , to a given business user , including by delisting individual goods or services of a given business user or effectively removing search results . however , given that such decisions can significantly affect the interests of the business user concerned , they should be properly informed of the reasons thereof . the statement of reasons should allow business users to ascertain whether there is scope to challenge the decision , thereby improving the possibilities for business users to seek effective redress where necessary . in addition , requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content , in line with commission recommendation no 2018 / 33422 . the statement of reasons should identify the objective ground or grounds for the decision , based on the grounds that the provider had set out in advance in its terms and conditions , and refer in a proportionate manner to the relevant specific circumstances that led to that decision . __________________ 22 commission recommendation no 2018 / 334 of 1 march 2018 on measures to effectively tackle illegal content online . ### a provider of online intermediation services can have legitimate reasons to decide to apply restrictions or sanctions to business users , to suspend or terminate the provision of its services , in whole or in part , to a given business user , including by delisting individual goods or services of a given business user or effectively removing search results . this could include violation of the terms and conditions , as well as business user violation which could be harmful to the consumer or to the platforms . given that such decisions can significantly affect the interests of the business user concerned as well as the exercise of fundamental rights business users enjoy , such as the freedom to conduct business and freedom of expression , they should be properly informed of the reasons thereof . the statement of reasons should allow business users to ascertain whether there is scope to challenge the decision , thereby improving the possibilities for business users to seek effective redress where necessary . in addition , requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content , in line with commission recommendation no 2018 / 33422 . the statement of reasons should identify the objective ground or grounds for the decision , based on the grounds that the provider had set out in advance in its terms and conditions , and refer in a proportionate manner to the relevant specific circumstances that led to that decision . __________________ 22 commission recommendation no 2018 / 334 of 1 march 2018 on measures to effectively tackle illegal content online .


### providers of online search engines shall set out for corporate website users the main parameters determining ranking , by providing an easily and publicly available description , drafted in clear and unambiguous language on the online search engines of those providers . they shall keep that description up to date . ### providers of online search engines shall set out for corporate website users the main parameters determining ranking , by providing an easily and publicly available description , drafted in clear and unambiguous language on the online search engines of those providers . they shall keep that description up to date with regard to material changes that can reasonably be expected to affect corporate website users in a non - negligible manner .


### they are of a non - profit making character . ### they are of a non - profit making character and are transparent about the source of funding for bringing and continuing the action and can demonstrate that they have sufficient financial resources to represent the best interests of their business or corporate website users and to meet any adverse costs should the action fail ;


### any direct or indirect remuneration charged for the use of the online intermediation services concerned ; ### any direct or indirect remuneration charged for the use of the online intermediation services or online search engine services concerned ;


### a wide variety of business - to - consumer commercial relations are intermediated online by providers operating multi - sided services that are essentially based on the same ecosystem - building business model . in order to capture the relevant services , online intermediation services should be defined in a precise and technologically - neutral manner . in particular , the services should consist of information society services , which are characterised by the fact that they aim to facilitate the initiating of direct transactions between business users and consumers , irrespective of whether the transactions are ultimately concluded either online , on the online portal of the provider of the online intermediation services in question or that of the business user , or offline . in addition , the services should be provided on the basis of contractual relationships both between the providers and business users and between the providers and the consumers . such a contractual relationship should be deemed to exist where both parties concerned express their intention to be bound in an unequivocal and verifiable manner , without an express written agreement necessarily being required . ### a wide variety of business - to - consumer commercial relations are intermediated online by providers operating multi - sided services that are essentially based on the same ecosystem - building business model . in order to capture the relevant services , online intermediation services should be defined in a precise and technologically - neutral manner . in particular , the services should consist of information society services , which are characterised by the fact that they initiate transactions between business users and consumers , irrespective of whether the transactions are ultimately concluded on the online portal of the provider of the online intermediation services in question or that of the business user . in addition , the services should be provided on the basis of contractual relationships both between the providers and business users where providers act as intermediaries towards consumers . such a contractual relationship should be deemed to exist where both parties concerned express their intention to be bound in an unequivocal and verifiable manner , without an express written agreement necessarily being required .


### providers of online intermediation services shall bear a reasonable proportion of the total costs of mediation in each individual case . a reasonable proportion of those total costs shall be determined , on the basis of a suggestion by the mediator , by taking into account all relevant elements of the case at hand , in particular the relative merits of the claims of the parties to the dispute , the conduct of the parties , as well as the size and financial strength of the parties relative to one another . however , providers of online intermediation services shall in any case bear at least half of the total cost . ### providers of online intermediation services and business users shall bear a reasonable proportion of the total costs of mediation in each individual case . a reasonable proportion of those total costs shall be determined , on the basis of a suggestion by the mediator , by taking into account all relevant elements of the case at hand , in particular the relative merits of the claims of the parties to the dispute , the conduct of the parties , as well as the size and financial strength of the parties relative to one another . should the mediator find that the business user is acting in bad faith or is seeking to abuse the mediation process , it can decide to make the business user bear more than half of the total cost .


### where a provider of online intermediation services decides to suspend or terminate , in whole or in part , the provision of its online intermediation services to a given business user , it shall provide the business user concerned , without undue delay , with a statement of reasons for that decision . ### where a provider of online intermediation services decides to restrict , suspend or terminate , in whole or in part , the provision of its online intermediation services to a given business user , it shall provide the business user concerned , without undue delay , with a detailed statement of reasons for that decision .


### providers of online intermediation services shall engage in good faith in any attempt to reach an agreement through the mediation of any of the mediators which they identified in accordance with paragraph 1 , with a view to reaching an agreement on the settlement of the dispute . ### the parties involved in the mediation shall engage in good faith in any attempt to reach an agreement through the mediation of any of the mediators which they identified in accordance with paragraph 1 , with a view to reaching an agreement on the settlement of the dispute within a time period of no longer that 25 days from commencement of the mediation , unless fulfilling this deadline would constitute an unreasonable burden taking into account the complexity of the dispute . in this case , an agreement should breached within a time period of no longer than 90 days .


### this regulation shall apply to online intermediation services and online search engines provided , or offered to be provided , to business users and corporate website users , respectively , that have their place of establishment or residence in the union and that , through online intermediation services or online search engines , offer goods or services to consumers located in the union , irrespective of the place of establishment or residence of the providers of those services . ### this regulation shall apply to online intermediation services and online search engines provided , or offered to be provided , to business users and corporate website users , respectively , that have their place of establishment or are operating in the union and that , through online intermediation services or online search engines , offer goods or services to consumers located in the union , irrespective of the place of establishment or residence of the providers of those services .


### the description referred to in paragraph 1 shall cover at least , where applicable , any differentiated treatment through specific measures taken by , or the behaviour of , the provider of the online intermediation services relating to any of the following : ### the description referred to in paragraph 1 and 2 shall cover at least , where applicable , any differentiated treatment through specific measures taken by , or the behaviour of , the provider of the online intermediation services or the provider of online search engines relating to any of the following :


### they allow business users to offer goods or services to consumers , with a view to facilitating the initiating of direct transactions between those business users and consumers , irrespective of where those transactions are ultimately concluded ; ### their primary purpose is to enable business users to offer goods or services to consumers by initiating direct online transactions between those business users and consumers on the online portal of the provider of the online intermediation services in question or by direct link to that of the business user .


### providers of online intermediation services shall identify in their terms and conditions one or more mediators with which they are willing to engage to attempt to reach an agreement with business users on the settlement , out of court , of any disputes between the provider and the business user arising in relation to the provision of the online intermediation services concerned , including complaints that could not be resolved by means of the internal complaint - handling system referred to in article 9 . ### providers of online intermediation services should aim to identify in their terms and conditions one or more mediators with which they are willing to engage to attempt to reach an agreement with business users on the settlement , out of court , of any disputes between the provider and the business user arising in relation to the provision of the online intermediation services concerned , including complaints that could not be resolved by means of the internal complaint - handling system referred to in article 9 .


### ' ranking ' means the relative prominence given to the goods or services offered to consumers by business users through online intermediation services , or to websites indexed for consumers by online search engines , as presented , organised or communicated to those consumers by the providers of online intermediation services or by providers of online search engines , respectively , irrespective of the technological means used for such presentation , organisation or communication ; ### ' ranking ' means the relative prominence in search results given to the goods or services offered to consumers by business users through online intermediation services , or to websites indexed for consumers by online search engines , as presented , organised or communicated to those consumers by the providers of online intermediation services or by providers of online search engines , respectively , irrespective of the technological means used for such presentation , organisation or communication ;


### organisations and associations that have a legitimate interest in representing business users or in representing corporate website users , as well as public bodies set up in member states , shall have the right to take action before national courts in the union , in accordance with the rules of the law of the member state where the action is brought , to stop or prohibit any non - compliance by providers of online intermediation services or by providers of online search engines with the relevant requirements laid down in this regulation . ### after all the other options to settle a dispute between a platform and a business user provided for in this regulation in article 9 and article 10 have been exhausted , organisations and associations that have a genuine long - standing and legitimate interest in representing business users or in representing corporate website users and that are authorised and supervised by appropriate member state public bodies , as well as public bodies set up in member states , shall have the right to take action before national courts in the union , in accordance with the rules of the law of the member state where the action is brought , to stop or prohibit any non - compliance by providers of online intermediation services or by providers of online search engines with the relevant requirements laid down in this regulation .


### in order to effectively protect business users where needed , this regulation should apply where the terms and conditions of a contractual relationship , regardless of their name or form , are not individually negotiated by the parties to them . whether or not terms and conditions were individually negotiated should be determined on the basis of an overall assessment , whereby the fact that certain provisions thereof may have been individually negotiated is , in itself , not decisive . ### in order to effectively protect business users where needed , this regulation should apply regardless of whether the provider of an online intermediation service and a business user are parties to an agreement that they individually negotiated .


### in member states where such public bodies have been set up , those public bodies shall have the right referred to in paragraph 1 , where they are charged with defending the collective interests of business users or corporate website users or with ensuring compliance with the requirements laid down in this regulation , in accordance with the national law of the member state concerned . ### in member states where such public bodies have been set up , those public bodies shall have the right referred to in paragraph 1 , and shall be entitled to issue the required licence to an organisation or association , where they are charged with defending the collective interests of business users or corporate website users or with ensuring compliance with the requirements laid down in this regulation , in accordance with the national law of the member state concerned .


### providers of online intermediation services and providers of online search engines shall , when complying with the requirements of this article , not be required to disclose any trade secrets as defined in article 2 of directive 2016 / 943 . ### providers of online intermediation services and providers of online search engines shall , when complying with the requirements of this article , not be required to disclose any information that would be likely to facilitate either the manipulation of results or the deception of consumers .


### the eures partners which are the organisations authorised by member states to provide at national , regional and / or local level support with clearance and / or support services to workers and employers . ### the eures partners which are the organisations authorised by member states to provide at national , regional and / or local level support with clearance and / or support services to workers and employers and eures cross - border partnerships .


### particular attention should be paid to supporting mobility in the cross - border regions for and providing services to frontier workers who are living in one member state and working in another and have to cope with different national practices and legal systems and encounters specific administrative , legal or tax obstacles to mobility . member states may choose to set up specific support structures to facilitate this kind of mobility , such structures should , within the framework of the eures network , address the specific needs for information , guidance , cross - border matching between labour demand and supply and the resulting placements . ### particular attention should be paid to supporting mobility in the cross - border regions for and providing services to frontier workers who are living in one member state and working in another and have to cope with different national practices and legal systems and encounter specific administrative , legal or tax obstacles to mobility . member states should set up specific support structures to facilitate this kind of mobility , and such structures should , within the framework of the eures network , address the specific needs for information , guidance , cross - border matching between labour demand and supply and the resulting placements .


### information and communication activities ; ### information and communication activities , including by drawing up a communication strategy to raise awareness of the eures network among european citizens , particularly the target groups ;


### in accordance with their respective roles and responsibilities , all organisations participating in the eures network promote actively , in close cooperation , the opportunities labour mobility in the union offers and seek to enhance ways and means for workers and employers to seize these opportunities at local , regional , national and european level . ### in accordance with their respective roles and responsibilities , all organisations participating in the eures network promote actively , in close cooperation , the opportunities labour mobility in the union offers and seek to enhance ways and means for workers and employers to seize these opportunities at european , national and , in particular regional and / or local level .


### for the purposes of this regulation , member states should designate competent authorities . the requirement to designate competent authorities does not necessarily require the establishment of new authorities but can be existing bodies tasked with the functions set out in this regulation . this regulation requires designating authorities competent for issuing removal orders , referrals and for overseeing proactive measures and for imposing penalties . it is for member states to decide how many authorities they wish to designate for these tasks . ### for the purposes of this regulation , member states should designate a competent authority . the requirement to designate a competent authority does not necessarily require the establishment of a new authority but can be an existing body tasked with the functions set out in this regulation . this regulation requires designating an authority competent for issuing removal orders , referrals and for overseeing proactive measures and for imposing penalties .


### in order to cover those online hosting services where terrorist content is disseminated , this regulation should apply to information society services which store information provided by a recipient of the service at his or her request and in making the information stored available to third parties , irrespective of whether this activity is of a mere technical , automatic and passive nature . by way of example such providers of information society services include social media platforms , video streaming services , video , image and audio sharing services , file sharing and other cloud services to the extent they make the information available to third parties and websites where users can make comments or post reviews . the regulation should also apply to hosting service providers established outside the union but offering services within the union , since a significant proportion of hosting service providers exposed to terrorist content on their services are established in third countries . this should ensure that all companies operating in the digital single market comply with the same requirements , irrespective of their country of establishment . the determination as to whether a service provider offers services in the union requires an assessment whether the service provider enables legal or natural persons in one or more member states to use its services . however , the mere accessibility of a service provider’s website or of an email address and of other contact details in one or more member states taken in isolation should not be a sufficient condition for the application of this regulation . ### in order to cover those online hosting services where terrorist content is disseminated , this regulation should apply to information society services which store information provided by a recipient of the service at his or her request and in making the information and material stored available to the public , irrespective of whether this activity is of a mere technical , automatic and passive nature . by way of example such providers of information society services include social media platforms , video streaming services , video , image and audio sharing services , file sharing and other cloud services , to the extent they make the information available to the public and websites where users can make comments or post reviews . cloud infrastructure services which comprise the provision of on demand physical or virtual resources that provide computing and storage infrastructure capabilities on which the service provider has no contractual rights as to what content is stored or how it is processed or made publicly available by its customers or by the end - users of such customers , and where the service provider has no technical capability to remove specific content stored by their customers or the end - users of their customers , should not be considered to fall within the scope of this regulation . the regulation should also apply to hosting service providers established outside the union but offering services within the union , since a significant proportion of hosting service providers exposed to terrorist content on their services are established in third countries . this should ensure that all companies operating in the digital single market comply with the same requirements , irrespective of their country of establishment . the determination as to whether a service provider offers services in the union requires an assessment whether the service provider enables legal or natural persons in one or more member states to use its services . however , the mere accessibility of a service provider’s website or of an email address and of other contact details in one or more member states taken in isolation should not be a sufficient condition for the application of this regulation .


### in order to cover those online hosting services where terrorist content is disseminated , this regulation should apply to information society services which store information provided by a recipient of the service at his or her request and in making the information stored available to third parties , irrespective of whether this activity is of a mere technical , automatic and passive nature . by way of example such providers of information society services include social media platforms , video streaming services , video , image and audio sharing services , file sharing and other cloud services to the extent they make the information available to third parties and websites where users can make comments or post reviews . the regulation should also apply to hosting service providers established outside the union but offering services within the union , since a significant proportion of hosting service providers exposed to terrorist content on their services are established in third countries . this should ensure that all companies operating in the digital single market comply with the same requirements , irrespective of their country of establishment . the determination as to whether a service provider offers services in the union requires an assessment whether the service provider enables legal or natural persons in one or more member states to use its services . however , the mere accessibility of a service provider’s website or of an email address and of other contact details in one or more member states taken in isolation should not be a sufficient condition for the application of this regulation . ### in order to cover those online hosting services where terrorist content is disseminated , this regulation should apply to information society services which store information provided by a recipient of the service at his or her request and in making the information stored directly available to the public . by way of example such providers of information society services include social media platforms , video streaming services , video , image and audio sharing services , file sharing and other cloud services , excluding cloud it infrastructure service providers , to the extent they make the information directly available to the public . the regulation should also apply to hosting service providers established outside the union but offering services within the union , since a significant proportion of hosting service providers exposed to terrorist content on their services are established in third countries . this should ensure that all companies operating in the digital single market comply with the same requirements , irrespective of their country of establishment . the determination as to whether a service provider offers services in the union requires an assessment whether the service provider enables legal or natural persons in one or more member states to use its services . however , the mere accessibility of a service provider’s website or of an email address and of other contact details in one or more member states taken in isolation should not be a sufficient condition for the application of this regulation .


### a statement of reasons explaining why the content is considered terrorist content , at least , by reference to the categories of terrorist content listed in article 2 ; ### a detailed statement of reasons explaining why the content is considered terrorist content , by specific reference to the categories of terrorist content listed in article 2 and substantiating the elements of unlawfulness and intentionality and the relevant national law ;


### the procedure and obligations resulting from legal orders requesting hosting service providers to remove terrorist content or disable access to it , following an assessment by the competent authorities , should be harmonised . member states should remain free as to the choice of the competent authorities allowing them to designate administrative , law enforcement or judicial authorities with that task . given the speed at which terrorist content is disseminated across online services , this provision imposes obligations on hosting service providers to ensure that terrorist content identified in the removal order is removed or access to it is disabled within one hour from receiving the removal order . it is for the hosting service providers to decide whether to remove the content in question or disable access to the content for users in the union . ### the procedure and obligations resulting from legal orders requesting hosting service providers to remove terrorist content or disable access to it , following an assessment by the competent authorities , should be harmonised . given the various practices in the union , member states should remain free as to the choice of the competent authorities allowing them to designate administrative , law enforcement or judicial authorities with that task . given the speed at which terrorist content is disseminated across online services the effectiveness of removal of terrorist content depends on the swiftness of its removal . therefore , this provision imposes obligations on hosting service providers following a legal removal order to ensure that terrorist content identified is removed or access to it is disabled immediately and in any event within one hour from receiving the removal order . it is for the hosting service providers to decide whether to remove the content in question or disable access to the content for users in the union .


### where hosting service providers become aware of any evidence of terrorist offences , they shall promptly inform authorities competent for the investigation and prosecution in criminal offences in the concerned member state or the point of contact in the member state pursuant to article 14 , where they have their main establishment or a legal representative . hosting service providers may , in case of doubt , transmit this information to europol for appropriate follow up . ### where hosting service providers become aware of any evidence of terrorist offences they shall promptly inform authorities competent for the investigation and prosecution in criminal offences in the concerned member state . where it is impossible to identify the member state concerned , the hosting service providers shall notify the point of contact in the member state pursuant to article 14 , where they have their main establishment or a legal representative , and also transmit this information to europol for appropriate follow up .


### the procedure and obligations resulting from legal orders requesting hosting service providers to remove terrorist content or disable access to it , following an assessment by the competent authorities , should be harmonised . member states should remain free as to the choice of the competent authorities allowing them to designate administrative , law enforcement or judicial authorities with that task . given the speed at which terrorist content is disseminated across online services , this provision imposes obligations on hosting service providers to ensure that terrorist content identified in the removal order is removed or access to it is disabled within one hour from receiving the removal order . it is for the hosting service providers to decide whether to remove the content in question or disable access to the content for users in the union . ### the procedure and obligations resulting from legal orders requesting hosting service providers to remove terrorist content or disable access to it , following an assessment by the competent authorities , should be harmonised . member states should designate their competent judicial authority responsible for that task . given the speed at which terrorist content is disseminated across online services , this provision imposes obligations on hosting service providers to ensure that terrorist content identified in the removal order is removed or access to it is disabled expeditiously depending on the capacities of the service provider in question . it is for the hosting service providers to decide whether to remove the content in question or disable access to the content for users in the union .


### in order to ensure that hosting service providers exposed to terrorist content take appropriate measures to prevent the misuse of their services , the competent authorities should request hosting service providers having received a removal order , which has become final , to report on the proactive measures taken . these could consist of measures to prevent the re - upload of terrorist content , removed or access to it disabled as a result of a removal order or referrals they received , checking against publicly or privately - held tools containing known terrorist content . they may also employ the use of reliable technical tools to identify new terrorist content , either using those available on the market or those developed by the hosting service provider . the service provider should report on the specific proactive measures in place in order to allow the competent authority to judge whether the measures are effective and proportionate and whether , if automated means are used , the hosting service provider has the necessary abilities for human oversight and verification . in assessing the effectiveness and proportionality of the measures , competent authorities should take into account relevant parameters including the number of removal orders and referrals issued to the provider , their economic capacity and the impact of its service in disseminating terrorist content . ### in order to ensure that hosting service providers exposed to terrorist content take appropriate measures to prevent the misuse of their services , the competent authorities should request hosting service providers having received a removal order , which has become final , to report on the proactive measures taken . these could consist of measures to prevent the re - upload of terrorist content , removed or access to it disabled as a result of a removal order or referrals they received , checking against publicly or privately - held tools containing known terrorist content . they may also employ the use of reliable technical tools to identify new terrorist content , either using those available on the market or those developed by the hosting service provider . the service provider should report on the specific proactive measures in place in order to allow the competent authority to judge whether the measures are effective and proportionate and whether , if automated means are used , the hosting service provider has the necessary abilities for human oversight and verification . in assessing the effectiveness and proportionality of the measures , competent authorities should take into account relevant parameters including the number of removal orders and referrals issued to the provider , their size and economic capacity and the impact of its service in disseminating terrorist content .


### ‘ dissemination of terrorist content’ means making terrorist content available to third parties on the hosting service providers’ services ; ### ‘ dissemination of terrorist content’ means making terrorist content available to the public on the hosting service providers’ services ;


### in order to provide clarity about the actions that both hosting service providers and competent authorities should take to prevent the dissemination of terrorist content online , this regulation should establish a definition of terrorist content for preventative purposes drawing on the definition of terrorist offences under directive 2017 / 541 of the european parliament and of the council9 . given the need to address the most harmful terrorist propaganda online , the definition should capture material and information that incites , encourages or advocates the commission or contribution to terrorist offences , provides instructions for the commission of such offences or promotes the participation in activities of a terrorist group . such information includes in particular text , images , sound recordings and videos . when assessing whether content constitutes terrorist content within the meaning of this regulation , competent authorities as well as hosting service providers should take into account factors such as the nature and wording of the statements , the context in which the statements were made and their potential to lead to harmful consequences , thereby affecting the security and safety of persons . the fact that the material was produced by , is attributable to or disseminated on behalf of an eu - listed terrorist organisation or person constitutes an important factor in the assessment . content disseminated for educational , journalistic or research purposes should be adequately protected . furthermore , the expression of radical , polemic or controversial views in the public debate on sensitive political questions should not be considered terrorist content . _________________ 9 directive 2017 / 541 of the european parliament and of the council of 15 march 2017 on combating terrorism and replacing council framework decision 2002 / 475 / jha and amending council decision 2005 / 671 / jha . ### in order to provide clarity about the actions that both hosting service providers and competent authorities should take to prevent the dissemination of terrorist content online , this regulation should establish a definition of terrorist content for preventative purposes drawing on the definition of terrorist offences under directive 2017 / 541 of the european parliament and of the council . given the need to address the most harmful terrorist propaganda online , the definition should capture material that incites , encourages or advocates the commission or contribution to terrorist offences , or promotes the participation in activities of a terrorist group . the definition should also cover content that provides guidance for the making and the use of explosives , firearms , any other weapons , noxious or hazardous substances as well as chemical , biological , radiological and nuclear substances and any guidance on other methods and techniques , including the selection of targets , for the purpose of committing terrorist offences . such information material includes in particular text , images , sound recordings and videos . when assessing whether content constitutes terrorist content within the meaning of this regulation , competent authorities as well as hosting service providers should take into account factors such as the nature and wording of the statements , the context in which the statements were made and their potential to lead to harmful consequences , thereby affecting the security and safety of persons . the fact that the material was produced by , is attributable to or disseminated on behalf of an eu - listed terrorist organisation or person constitutes an important factor in the assessment . content disseminated for educational , counter - narrative or research purposes should be adequately protected , by striking a fair balance between fundamental rights and public security needs . especially in cases where the content provider holds an editorial responsibility , any decision as to the removal of the disseminated material should take into account the journalistic standards established by press or media regulation consistent with the law of the union and the charter of fundamental rights . furthermore , the expression of radical , polemic or controversial views in the public debate on sensitive political questions should not be considered terrorist content .


### ‘ dissemination of terrorist content’ means making terrorist content available to third parties on the hosting service providers’ services ; ### ‘ dissemination of terrorist content’ means making terrorist content publicly available to third parties on the hosting service providers’ services ;


### the presence of terrorist content online has serious negative consequences for users , for citizens and society at large as well as for the online service providers hosting such content , since it undermines the trust of their users and damages their business models . in light of their central role and the technological means and capabilities associated with the services they provide , online service providers have particular societal responsibilities to protect their services from misuse by terrorists and to help tackle terrorist content disseminated through their services . ### the presence of terrorist content online has serious negative consequences for users , for citizens and society at large as well as for the online service providers hosting such content , since it undermines the trust of their users and damages their business models . in light of their central role and in proportion to the technological means and capabilities associated with the services they provide , online service providers have societal responsibilities to protect their services from misuse by terrorists and to help competent authorities to tackle terrorist offences committed through their services , whilst taking into account the fundamental importance of the freedom of expression and information in an open and democratic society .


### both hosting service providers and member states should establish points of contact to facilitate the swift handling of removal orders and referrals . in contrast to the legal representative , the point of contact serves operational purposes . the hosting service provider’s point of contact should consist of any dedicated means allowing for the electronic submission of removal orders and referrals and of technical and personal means allowing for the swift processing thereof . the point of contact for the hosting service provider does not have to be located in the union and the hosting service provider is free to nominate an existing point of contact , provided that this point of contact is able to fulfil the functions provided for in this regulation . with a view to ensure that terrorist content is removed or access to it is disabled within one hour from the receipt of a removal order , hosting service providers should ensure that the point of contact is reachable 24 / 7 . the information on the point of contact should include information about the language in which the point of contact can be addressed . in order to facilitate the communication between the hosting service providers and the competent authorities , hosting service providers are encouraged to allow for communication in one of the official languages of the union in which their terms and conditions are available . ### both hosting service providers and member states should establish points of contact to facilitate the swift handling of removal orders and referrals . in contrast to the legal representative , the point of contact serves operational purposes . the hosting service provider’s point of contact should consist of any dedicated means allowing for the electronic submission of removal orders and referrals and of technical and personal means allowing for the swift processing thereof . the point of contact for the hosting service provider does not have to be located in the union and the hosting service provider is free to nominate an existing point of contact , provided that this point of contact is able to fulfil the functions provided for in this regulation . with a view to ensure that terrorist content is removed or access to it is disabled within one hour from the receipt of a removal order , hosting service providers exposed to terrorist content should ensure that the point of contact is reachable 24 / 7 . the information on the point of contact should include information about the language in which the point of contact can be addressed . in order to facilitate the communication between the hosting service providers and the competent authorities , hosting service providers are encouraged to allow for communication in one of the official languages of the union in which their terms and conditions are available . hosting service providers should establish this contact point as soon as they become aware of such content , at the latest without undue delay after they have received a first removal order .


### transparency of hosting service providers ' policies in relation to terrorist content is essential to enhance their accountability towards their users and to reinforce trust of citizens in the digital single market . hosting service providers should publish annual transparency reports containing meaningful information about action taken in relation to the detection , identification and removal of terrorist content . ### transparency of hosting service providers ' policies in relation to terrorist content is essential to enhance their accountability towards their users and to reinforce trust of citizens in the digital single market . hosting service providers should publish annual transparency reports containing meaningful information about action taken in relation to the detection , identification and removal of terrorist content , and promote exchange of best practice to efficiently tackle terrorist content .


### 13cooperation between hosting service providers , competent authorities and where appropriate relevant union bodies ### 13cooperation between hosting service providers , competent authorities and where appropriate competent union bodies


### this regulation aims at ensuring the smooth functioning of the digital single market in an open and democratic society , by preventing the misuse of hosting services for terrorist purposes . the functioning of the digital single market should be improved by reinforcing legal certainty for hosting service providers , reinforcing users ' trust in the online environment , and by strengthening safeguards to the freedom of expression and information . ### this regulation aims at ensuring the smooth functioning of the digital single market in an open and democratic society , by preventing the misuse of hosting services for terrorist purposes . the functioning of the digital single market should be improved by reinforcing legal certainty for hosting service providers , reinforcing users ' trust in the online environment , and by strengthening safeguards to fundamental rights , in particular freedom of expression and information .


### in order to cover those online hosting services where terrorist content is disseminated , this regulation should apply to information society services which store information provided by a recipient of the service at his or her request and in making the information stored available to third parties , irrespective of whether this activity is of a mere technical , automatic and passive nature . by way of example such providers of information society services include social media platforms , video streaming services , video , image and audio sharing services , file sharing and other cloud services to the extent they make the information available to third parties and websites where users can make comments or post reviews . the regulation should also apply to hosting service providers established outside the union but offering services within the union , since a significant proportion of hosting service providers exposed to terrorist content on their services are established in third countries . this should ensure that all companies operating in the digital single market comply with the same requirements , irrespective of their country of establishment . the determination as to whether a service provider offers services in the union requires an assessment whether the service provider enables legal or natural persons in one or more member states to use its services . however , the mere accessibility of a service provider’s website or of an email address and of other contact details in one or more member states taken in isolation should not be a sufficient condition for the application of this regulation . ### in order to cover those online hosting services where terrorist content is disseminated , this regulation should apply to information society services whose main business activity consists in the storage information provided by a recipient of the service at his or her request and in making the information stored directly available to the public . by way of example such providers of information society services include social media platforms , video streaming services , video , image and audio sharing services , file sharing and other cloud services , to the extent they make the information directly available to the public third parties and websites where users can make comments or post reviews . the regulation should also apply to hosting service providers established outside the union but offering services within the union , since a significant proportion of hosting service providers hosting illegal content on their services are established in third countries . this should ensure that all companies operating in the digital single market comply with the same requirements , irrespective of their country of establishment . the determination as to whether a service provider offers services in the union requires an assessment whether the service provider enables legal or natural persons in one or more member states to use its services . however , the mere accessibility of a service provider’s website or of an email address and of other contact details in one or more member states taken in isolation should not be a sufficient condition for the application of this regulation .


### in order to cover those online hosting services where terrorist content is disseminated , this regulation should apply to information society services which store information provided by a recipient of the service at his or her request and in making the information stored available to third parties , irrespective of whether this activity is of a mere technical , automatic and passive nature . by way of example such providers of information society services include social media platforms , video streaming services , video , image and audio sharing services , file sharing and other cloud services to the extent they make the information available to third parties and websites where users can make comments or post reviews . the regulation should also apply to hosting service providers established outside the union but offering services within the union , since a significant proportion of hosting service providers exposed to terrorist content on their services are established in third countries . this should ensure that all companies operating in the digital single market comply with the same requirements , irrespective of their country of establishment . the determination as to whether a service provider offers services in the union requires an assessment whether the service provider enables legal or natural persons in one or more member states to use its services . however , the mere accessibility of a service provider’s website or of an email address and of other contact details in one or more member states taken in isolation should not be a sufficient condition for the application of this regulation . ### in order to cover those online hosting services where terrorist content is disseminated , this regulation should apply to information society services which store information provided by a recipient of the service at his or her request and in making the information and material stored available to the public . by way of example such providers of information society services include social media platforms , video streaming services , video , image and audio sharing services , file sharing and other cloud services excluding cloud it infrastructure service providers , to the extent they make the information available to the public and websites where users can make comments or post reviews . the regulation should also apply to hosting service providers established outside the union but offering services within the union , since a significant proportion of hosting service providers exposed to terrorist content on their services are established in third countries . this should ensure that all companies operating in the digital single market comply with the same requirements , irrespective of their country of establishment . the determination as to whether a service provider offers services in the union requires an assessment whether the service provider enables legal or natural persons in one or more member states to use its services . however , the mere accessibility of a service provider’s website or of an email address and of other contact details in one or more member states taken in isolation should not be a sufficient condition for the application of this regulation .


### ' terrorist offences ' means offences as defined in article 3 of directive 2017 / 541 ; ### ' terrorist offences ' means intentional acts listed as defined in article 3 of directive 2017 / 541 when and insofar as committed with a specific terrorist aim as defined in article 3 of that directive ; ;


### ' terrorist content ' means one or more of the following information : ### ' terrorist content ' means material , including messages or images , constituting a public provocation to commit a terrorist offence , comprising one or more of the following information :


### ' hosting service provider ' means a provider of information society services consisting in the storage of information provided by and at the request of the content provider and in making the information stored available to third parties ; ### ' hosting service provider ' means a provider of information society services consisting in the storage of information provided by and at the request of the content provider and in making the information stored available to the public ;


### the application of this regulation should not affect the application of article 14 of directive 2000 / 31 / ec8 . in particular , any measures taken by the hosting service provider in compliance with this regulation , including any proactive measures , should not in themselves lead to that service provider losing the benefit of the liability exemption provided for in that provision . this regulation leaves unaffected the powers of national authorities and courts to establish liability of hosting service providers in specific cases where the conditions under article 14 of directive 2000 / 31 / ec for liability exemption are not met . _________________ 8 directive 2000 / 31 / ec of the european parliament and of the council of 8 june 2000 on certain legal aspects of information society services , in particular electronic commerce , in the internal market . ### this regulation should apply without prejudice to article 14 and article 15 of directive 2000 / 31 / ec8 . in particular , any measures taken by the hosting service provider in compliance with this regulation , including any proactive measures , should not in themselves lead to that service provider losing the benefit of the liability exemption provided for in that provision and should not lead to the general monitoring obligation . this regulation leaves unaffected the powers of national authorities and courts to establish liability of hosting service providers in specific cases where the conditions under article 14 of directive 2000 / 31 / ec for liability exemption are not met . _________________ 8 directive 2000 / 31 / ec of the european parliament and of the council of 8 june 2000 on certain legal aspects of information society services , in particular electronic commerce , in the internal market .


### for the purposes of this regulation , member states should designate competent authorities . the requirement to designate competent authorities does not necessarily require the establishment of new authorities but can be existing bodies tasked with the functions set out in this regulation . this regulation requires designating authorities competent for issuing removal orders , referrals and for overseeing proactive measures and for imposing penalties . it is for member states to decide how many authorities they wish to designate for these tasks . ### for the purposes of this regulation , member states should designate a single competent authority unless their constitutional arrangements prevent a single authority from being responsible . the requirement to designate competent authorities does not necessarily require the establishment of new authorities but can be existing bodies tasked with the functions set out in this regulation . this regulation requires designating authorities competent for issuing removal orders , and for imposing penalties .