### similarly , the ranking of websites by the providers of online search engines , notably of those websites through which undertakings offer goods and services to consumers , has an important impact on consumer choice and the commercial success of corporate website users . providers of online search engines should therefore provide a description of the main parameters determining the ranking of all indexed websites , including those of corporate website users as well as other websites . in addition to the characteristics of the goods and services and their relevance for consumers , this description should in the case of online search engines also allow corporate website users to obtain an adequate understanding of whether , and if so how and to what extent , certain design characteristics of the website used , such as their optimisation for display on mobile telecommunications devices , is taken into account . in the absence of a contractual relationship between providers of online search engines and corporate website users , that description should be available to the public in an obvious and easily accessible location on the relevant online search engine . to ensure predictability for corporate website users , the description should also be kept up to date , including the possibility that any changes to the main parameters should be made easily identifiable . whilst the providers are under no circumstances required to disclose any trade secrets as defined in directive 2016 / 943 of the european parliament and of the council23 when complying with this requirement to disclose the main ranking parameters , the description given should at least be based on actual data on the relevance of the ranking parameters used . _________________ 23 directive 2016 / 943 of the european parliament and of the council of 8 june 2016 on the protection of undisclosed know - how and business information against their unlawful acquisition , use and disclosure . ### similarly , the ranking of websites by the providers of online search engines , notably of those websites through which undertakings offer goods and services to consumers , has an important impact on consumer choice and the commercial success of corporate website users . providers of online search engines should therefore provide a description of the main parameters determining the ranking of all indexed websites , including those of corporate website users as well as other websites . in addition to the characteristics of the goods and services and their relevance for consumers , this description should in the case of online search engines also allow corporate website users to obtain an adequate understanding of whether , and if so how and to what extent , certain design characteristics of the website used , such as their optimisation for display on mobile telecommunications devices , is taken into account . in the absence of a contractual relationship between providers of online search engines and corporate website users , that description should be available to the public in an obvious and easily accessible location on the relevant online search engine . to ensure predictability for corporate website users , the description should also be kept up to date , including the possibility that any changes to the main parameters should be made easily identifiable . whilst the providers are under no circumstances required to disclose any trade secrets as defined in directive 2016 / 943 of the european parliament and of the council23 when complying with this requirement to disclose the main ranking parameters , the description given should at least be based on actual data on the relevance of the ranking parameters used . for the avoidance of doubt , any obligation on online search engines to ensure that the description of the main parameters determining ranking is kept up to date shall not require online search engines to reveal any trade secrets as defined in article 2 of directive 2016 / 943 . _________________ 23 directive 2016 / 943 of the european parliament and of the council of 8 june 2016 on the protection of undisclosed know - how and business information against their unlawful acquisition , use and disclosure .


### 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 sometimes 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 in a disproportionate manner from exercising their entrepreneurial freedom to set the conditions of sale of their own products and services , and may also harm consumers by preventing them access to a wider choice .


### in order to protect business users it should be possible for a competent court to establish that non - compliant terms and conditions are not binding on the business user concerned , with effects ex nunc . any such finding by a court should however only concern the specific provisions of the terms and conditions which are not compliant . the remaining provisions should remain valid and enforceable , in as far as they can be severed from the non - compliant provisions . sudden modifications to existing terms and conditions may significantly disrupt business users’ operations . in order to limit such negative effects on business users , and to discourage such behaviour , modifications made in contravention of the obligation to provide a set notice period , should therefore be null and void , that is , deemed to have never existed with effects erga omnes and ex tunc . ### in order to protect business users and to provide for legal certainty for both sides , it should be possible for a competent court to establish that non - compliant terms and conditions are null and void , with effects ex nunc . any such finding by a court should however only concern the specific provisions of the terms and conditions which are not compliant . the remaining provisions should remain valid and enforceable , in as far as they can be severed from the non - compliant provisions . sudden modifications to existing terms and conditions may significantly disrupt business users’ operations . in order to limit such negative effects on business users , and to discourage such behaviour , modifications made in contravention of the obligation to provide a set notice period , should therefore be null and void , that is , deemed to have never existed with effects erga omnes and ex tunc .


### to ensure that the general terms and conditions of a contractual relationship enable business users to determine the commercial conditions for the use , termination and suspension of online intermediation services , and to achieve predictability regarding their business relationship , those terms and conditions should be drafted in clear and unambiguous language which is easily understood by an average business user . terms and conditions should not be considered to have been drafted in clear and unambiguous language where they are vague , unspecific or lack detail on important commercial issues and thus fail to give business users a reasonable degree of predictability on the most important aspects of the contractual relationship . ### to ensure that the general terms and conditions of a contractual relationship enable business users to determine the commercial conditions for the use , termination and suspension of online intermediation services , and to achieve predictability regarding their business relationship , those terms and conditions should be drafted in plain and intelligible language which is easily understood by an average business user . terms and conditions should not be considered to have been drafted in plain and intelligible language where they are vague , unspecific or lack detail on important commercial issues and thus fail to give business users a reasonable degree of predictability on the most important aspects of the contractual relationship . moreover , language that could be seen as misleading in the choice of phrasing should not be considered plain and intelligible .


### to ensure that the general terms and conditions of a contractual relationship enable business users to determine the commercial conditions for the use , termination and suspension of online intermediation services , and to achieve predictability regarding their business relationship , those terms and conditions should be drafted in clear and unambiguous language which is easily understood by an average business user . terms and conditions should not be considered to have been drafted in clear and unambiguous language where they are vague , unspecific or lack detail on important commercial issues and thus fail to give business users a reasonable degree of predictability on the most important aspects of the contractual relationship . ### to ensure that the general terms and conditions of a contractual relationship enable business users to determine the commercial conditions for the use , restriction , termination and suspension of online intermediation services , and to achieve predictability regarding their business relationship , those terms and conditions should be drafted in clear and unambiguous language which is easily understood by an average business user . terms and conditions should not be considered to have been drafted in clear and unambiguous language where they are unspecific or lack detail on important commercial issues and thus fail to give business users a reasonable degree of predictability on the most important aspects of the contractual relationship . terms and conditions should not unjustifiably discriminate between business users .


### 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 :


### 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 meet all of the following requirements :


### 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 , providers of online search engines , and providers of operating systems 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 , providers of online search engines , and providers of operating systems shall in any case bear at least half of the total cost .


### similarly , the ranking of websites by the providers of online search engines , notably of those websites through which undertakings offer goods and services to consumers , has an important impact on consumer choice and the commercial success of corporate website users . providers of online search engines should therefore provide a description of the main parameters determining the ranking of all indexed websites , including those of corporate website users as well as other websites . in addition to the characteristics of the goods and services and their relevance for consumers , this description should in the case of online search engines also allow corporate website users to obtain an adequate understanding of whether , and if so how and to what extent , certain design characteristics of the website used , such as their optimisation for display on mobile telecommunications devices , is taken into account . in the absence of a contractual relationship between providers of online search engines and corporate website users , that description should be available to the public in an obvious and easily accessible location on the relevant online search engine . to ensure predictability for corporate website users , the description should also be kept up to date , including the possibility that any changes to the main parameters should be made easily identifiable . whilst the providers are under no circumstances required to disclose any trade secrets as defined in directive 2016 / 943 of the european parliament and of the council23 when complying with this requirement to disclose the main ranking parameters , the description given should at least be based on actual data on the relevance of the ranking parameters used . _________________ 23 directive 2016 / 943 of the european parliament and of the council of 8 june 2016 on the protection of undisclosed know - how and business information against their unlawful acquisition , use and disclosure . ### similarly , the ranking of websites by the providers of online search engines , notably of those websites through which undertakings offer goods and services to consumers , has an important impact on consumer choice and the commercial success of corporate website users . providers of online search engines should therefore provide a description of the main parameters determining the ranking of all indexed websites , including those of corporate website users as well as other websites . in addition to the characteristics of the goods and services and their relevance for consumers , this description should in the case of online search engines also allow corporate website users to obtain an adequate understanding of whether , and if so how and to what extent , certain design characteristics of the website used , such as their optimisation for display on mobile telecommunications devices , is taken into account . in the absence of a contractual relationship between providers of online search engines and corporate website users , that description should be available to the public in an obvious and easily accessible location on the relevant online search engine . to ensure predictability for corporate website users , the description should also be kept up to date , including the possibility that any changes to the main parameters should be made easily identifiable . whilst requirement to disclose ranking parameters should be without prejudice to directive 2016 / 943 of the european parliament and of the council23 while taking into account the provisions on lawful acquisition , use and disclosure , when complying with this requirement to disclose the main ranking parameters , the description given should at least be based on actual data on the relevance of the ranking parameters used . for the avoidance of doubt , any obligation on online search engines to ensure that the description of the main parameters determining ranking is kept up to date should not involve requiring online search engines to reveal any trade secrets as defined in article 2 of directive 2016 / 943 . _________________ 23 directive 2016 / 943 of the european parliament and of the council of 8 june 2016 on the protection of undisclosed know - how and business information against their unlawful acquisition , use and disclosure .


### 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 ; ### 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 ;


### this regulation lays down rules to ensure that business users of online intermediation services and corporate website users in relation to online search engines are granted appropriate transparency and effective redress possibilities . ### this regulation lays down rules to ensure that business users of online intermediation services and corporate website users in relation to search engines that perform online search are granted transparency and effective redress possibilities


### 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 and providers of operating system shall actively notify to the business users concerned any envisaged modification of their terms and conditions .


### process complaints swiftly and effectively , taking into account the importance and complexity of the issue raised ; ### process complaints swiftly and effectively ;


### through the description referred to in paragraph 1 , providers of online intermediation services shall adequately inform business users at least of the following : ### providers of online intermediation services shall adequately inform business users at least at least of the following :


### various factors , such as limited financial means , a fear of retaliation and exclusive choice of law and forum provisions in terms and conditions , can limit the effectiveness of existing judicial redress possibilities , particularly those which require business users or corporate website users to act individually and identifiably . to ensure the effective application of this regulation , organisations , associations representing business users or corporate website users , as well as certain public bodies set - up in member states , should be granted the possibility to take action before national courts . such action before national courts should aim to stop or prohibit infringements of the rules set out in this regulation and to prevent future damage that could undermine sustainable business relationships in the online platform economy . in order to ensure that such organisations or associations exercise that right effectively and in an appropriate manner , they should meet certain criteria . considering the particular status of the relevant public bodies in member states where such bodies have been set up , it should only be required that those have been specifically charged , in accordance with the relevant rules of national law , with bringing such actions either in the collective interest of the parties concerned or in the general interest , without there being a need to apply those criteria to such public bodies . any such actions should in no way affect the rights of the business users and corporate website users to take judicial action on an individual basis . ### various factors , such as limited financial means , a fear of retaliation and exclusive choice of law and forum provisions in terms and conditions , can limit the effectiveness of existing judicial redress possibilities , particularly those which require business users or corporate website users to act individually and identifiably . to ensure the effective application of this regulation , supervisory authorities set - up in member states , should be granted the possibility to conduct investigations and take action before national courts . such action before national courts should aim to stop or prohibit infringements of the rules set out in this regulation and to prevent future damage that could undermine sustainable business relationships in the online platform economy . in order to ensure that such supervisory authorities exercise that right effectively and in an appropriate manner , they should meet certain criteria . any such actions should in no way affect the rights of the business users and corporate website users to take judicial action on an individual basis .


### 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 direct 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 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 .


### 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 null and void where such non - compliance is established by a competent court .


### examples of online intermediation services covered by this regulation should consequently include online e - commerce market places , including collaborative ones on which business users are active , online software applications services and online social media services . however , this regulation should not apply to online advertising serving tools or online advertising exchanges which are not provided with the aim of facilitating the initiation of direct transactions and which do not involve a contractual relationship with consumers . this regulation should also not apply to online payment services , since they do not themselves meet the applicable requirements but are rather inherently auxiliary to the transaction for the supply of goods and services to the consumers concerned . ### examples of online intermediation services covered by this regulation should consequently include online e - commerce market places , including collaborative ones on which business users are active , such as online hotel reservation services , and any marketplace like functionality of online software applications services and online social media services and voice assistance services . however , this regulation should not apply to online advertising serving tools or online advertising exchanges which are not provided with the aim of facilitating the initiation of direct transactions and which do not involve a contractual relationship with consumers . this regulation should also not apply to online payment services , since they do not themselves meet the applicable requirements but are rather inherently auxiliary to the transaction for the supply of goods and services to the consumers concerned or electronic communications networks or services or audiovisual media services , which are subject to sector specific regulation in relation to transparency , redress and non discrimination ;


### 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 and of online search engines decides to sanction suspend or terminate , in whole or in part , the provision of its services to a given business user , it shall inform the business user concerned at least 15 days before implementing that decision , and provide the business user , without undue delay , with a statement of reasons for that decision .


### ' 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 ;


### 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 , and a majority of business users or corporate website users gave their explicit consent to bringing the action .


### to ensure that the general terms and conditions of a contractual relationship enable business users to determine the commercial conditions for the use , termination and suspension of online intermediation services , and to achieve predictability regarding their business relationship , those terms and conditions should be drafted in clear and unambiguous language which is easily understood by an average business user . terms and conditions should not be considered to have been drafted in clear and unambiguous language where they are vague , unspecific or lack detail on important commercial issues and thus fail to give business users a reasonable degree of predictability on the most important aspects of the contractual relationship . ### to ensure that the general terms and conditions of a contractual relationship enable business users to determine the commercial conditions for the use , termination and suspension of online intermediation services , and to achieve predictability regarding their business relationship , those terms and conditions should be drafted in plain and intelligible language which is easily understood by an average business user . terms and conditions should not be considered to have been drafted in plain and intelligible language where they are vague , unspecific on important commercial issues and thus fail to give business users a reasonable degree of predictability on the most important aspects of the contractual relationship .


### they are of a non - profit making character . ### they are of a non - profit making character and transparent about the funding , which needs to be sufficient to bring an action and support consequential proceedings .


### the envisaged modifications shall not be implemented before the expiry of a notice period which is reasonable and proportionate to the nature and extent of the envisaged modifications and to their consequences for the business user concerned . that notice period shall be at least 15 days from the date on which the provider of online intermediation services notifies the business users concerned about the envisaged modifications . ### the envisaged modifications shall not be implemented before the expiry of a notice period which is reasonable and proportionate to the nature and extent of the envisaged modifications and to their consequences for the business user concerned . that notice period shall be at least 30 days from the date on which the provider of online intermediation services notifies the business users concerned about the envisaged modifications . the business user shall be allowed to terminate their agreement free of any charges within 30 days from the receipt of the notice , where such modifications are detrimental to the business user .


### 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 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 . such a provider may have an economic incentive and the ability to use its control over the online intermediation service to provide technical or economic advantages to its own offerings , or those offered through a business user which it controls , that it could deny to competing business users . if a provider of online intermediation services exercises this ability , its conduct may deprive such competing business users of equality of opportunity and can lead to consumer harm by reducing their choices , or withholding critical information from them . 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 . for purposes of this regulation , a provider’s service competes with those of its other business users if it is regarded as interchangeable or substitutable by consumers of the online intermediation service , including by reason of the characteristics , prices , or intended uses of the services . 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 .


### the envisaged modifications shall not be implemented before the expiry of a notice period which is reasonable and proportionate to the nature and extent of the envisaged modifications and to their consequences for the business user concerned . that notice period shall be at least 15 days from the date on which the provider of online intermediation services notifies the business users concerned about the envisaged modifications . ### the modifications shall not be implemented before the expiry of a notice period which is reasonable and proportionate to the nature and extent of the modifications and to their consequences for the business user concerned . that notice period shall be at least 10 days from the date on which the provider of online intermediation services notifies the business users concerned about the modifications .


### 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 . ### when providing information about ranking parameters , providers of online intermediation services and online search engines shall not disclose any information that could be used to lower the standard of protection of business users and consumers against malicious business practices such as deception . this article shall be without prejudice to directive 2016 / 943 .


### providers of online intermediation services shall set out in their terms and conditions the main parameters determining ranking and the reasons for the relative importance of those main parameters as opposed to other parameters . ### providers of online intermediation services shall set out in their terms and conditions the main parameters determining ranking .


### 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 .


### 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 :


### ‘ 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 ;


### 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 objective grounds for decisions to suspend or terminate , in whole or in part , the provision of their online intermediation services or of providers of operating systems to business users , or any other restrictions .


### ensuring transparency in the general terms and conditions can be essential to promoting sustainable business relationships and to preventing unfair behaviour to the detriment of business users . providers of online intermediation services should therefore also ensure that the terms and conditions are easily available at all stages of the contractual relationship , including to prospective business users at the pre - contractual phase , and that any modifications to those terms are notified to business users within a set notice period which is reasonable and proportionate in light of the specific circumstances and which is at least 15 days . that notice period should not apply where , and to the extent that , it is waived in an unambiguous manner by the business user concerned or where , and to the extent that , the need to implement the modification without respecting the notice period stems from a legal obligation incumbent on the service provider under union or national law . ### ensuring transparency in the general terms and conditions can be essential to promoting sustainable business relationships and to preventing unfair behaviour to the detriment of business users . providers of online intermediation services should therefore also ensure that the terms and conditions are easily available at all stages of the contractual relationship , including to prospective business users at the pre - contractual phase , and that any modifications to those terms are notified to business users within a set notice period which is reasonable and proportionate in light of the specific circumstances and which is at least 15 days before being implemented . by way of exception , that notice period should not apply where , and to the extent that , it is waived in an unambiguous manner by the business user concerned . nor should it apply where , and to the extent that , the need to implement the modification without respecting the notice period stems from a legal obligation incumbent on the service provider under union or national law .


### various factors , such as limited financial means , a fear of retaliation and exclusive choice of law and forum provisions in terms and conditions , can limit the effectiveness of existing judicial redress possibilities , particularly those which require business users or corporate website users to act individually and identifiably . to ensure the effective application of this regulation , organisations , associations representing business users or corporate website users , as well as certain public bodies set - up in member states , should be granted the possibility to take action before national courts . such action before national courts should aim to stop or prohibit infringements of the rules set out in this regulation and to prevent future damage that could undermine sustainable business relationships in the online platform economy . in order to ensure that such organisations or associations exercise that right effectively and in an appropriate manner , they should meet certain criteria . considering the particular status of the relevant public bodies in member states where such bodies have been set up , it should only be required that those have been specifically charged , in accordance with the relevant rules of national law , with bringing such actions either in the collective interest of the parties concerned or in the general interest , without there being a need to apply those criteria to such public bodies . any such actions should in no way affect the rights of the business users and corporate website users to take judicial action on an individual basis . ### various factors , such as limited financial means , a fear of retaliation and exclusive choice of law and forum provisions in terms and conditions , can limit the effectiveness of existing judicial redress possibilities , particularly those which require business users or corporate website users to act individually and identifiably . to ensure the effective application of this regulation , supervisory authorities set - up in member states , should be granted the possibility to conduct investigations and take action before national courts . such action before national courts should aim to stop or prohibit infringements of the rules set out in this regulation and to prevent future damage that could undermine sustainable business relationships in the online platform economy . in order to ensure that such supervisory authorities exercise that right effectively and in an appropriate manner , they should meet certain criteria . any such actions should in no way affect the rights of the business users and corporate website users to take judicial action on an individual basis .


### 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 transactions between 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 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 .


### the statement of reasons referred to in paragraph 1 shall contain a reference to the specific facts or circumstances that led to the decision of the provider of online intermediation services , as well as a reference to the applicable objective ground or grounds for that decision referred to in article 3 . ### the statement of reasons referred to in paragraph 1 shall contain a reference to the applicable ground or grounds for that decision referred to in article 3 .


### online intermediation services are key enablers of entrepreneurship , trade and innovation , which can also improve consumer welfare and which are increasingly used by both the private and public sectors . they offer access to new markets and commercial opportunities allowing undertakings to exploit the benefits of the internal market . they also allow consumers in the union to exploit those benefits , in particular by increasing their choice of goods and services offered online . ### online intermediation services are key enablers of entrepreneurship , trade and innovation , which can also improve consumer welfare and which are increasingly used by both the private and public sectors . they offer access to new markets and commercial opportunities allowing undertakings to exploit the benefits of the internal market . they also allow consumers in the union to exploit those benefits , in particular by increasing their choice of goods and services as well as by offering competitive pricing&#160 ; online .


### similarly , the ranking of websites by the providers of online search engines , notably of those websites through which undertakings offer goods and services to consumers , has an important impact on consumer choice and the commercial success of corporate website users . providers of online search engines should therefore provide a description of the main parameters determining the ranking of all indexed websites , including those of corporate website users as well as other websites . in addition to the characteristics of the goods and services and their relevance for consumers , this description should in the case of online search engines also allow corporate website users to obtain an adequate understanding of whether , and if so how and to what extent , certain design characteristics of the website used , such as their optimisation for display on mobile telecommunications devices , is taken into account . in the absence of a contractual relationship between providers of online search engines and corporate website users , that description should be available to the public in an obvious and easily accessible location on the relevant online search engine . to ensure predictability for corporate website users , the description should also be kept up to date , including the possibility that any changes to the main parameters should be made easily identifiable . whilst the providers are under no circumstances required to disclose any trade secrets as defined in directive 2016 / 943 of the european parliament and of the council23 when complying with this requirement to disclose the main ranking parameters , the description given should at least be based on actual data on the relevance of the ranking parameters used . __________________ 23 directive 2016 / 943 of the european parliament and of the council of 8 june 2016 on the protection of undisclosed know - how and business information against their unlawful acquisition , use and disclosure . ### similarly , the ranking of websites by the providers of online search engines , notably of those websites through which undertakings offer goods and services to consumers , has an important impact on consumer choice and the commercial success of corporate website users . providers of online search engines should therefore provide a publicly accessible description of the parameters of material importance for an adequate understanding of how the ranking of all indexed websites is determined , including those of corporate website users as well as other websites . in addition to the characteristics of the goods and services and their relevance for consumers , this description should in the case of online search engines also allow corporate website users to obtain an adequate understanding of whether , and if so how and to what extent , certain design characteristics of the website used , such as their optimisation for display on mobile devices , is taken into account . in the absence of a contractual relationship between providers of online search engines and corporate website users , that description should be available to the public in an obvious and easily accessible location on the relevant online search engine . to ensure predictability for corporate website users , the description should also be kept up to date , including the possibility that any changes to the main parameters should be made easily identifiable . the requirement to disclose ranking parameters should be without prejudice to directive 2016 / 943 of the european parliament and of the council , taking into account its provisions on lawful acquisition , use and disclosure . when complying with this requirement to disclose the main ranking parameters , the description given should at least be based on actual data on the relevance of the ranking parameters used .


### 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 search engines and online intermediation services provided , or offered to be provided , to business users and corporate website users , respectively , that have their place of establishment or are actively operating in the union , that target consumers located 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 .


### 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 .


### 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 .


### ' 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 .


### 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 . this regulation requires the online intermediation service providers to be transparent about what data they provide to their business users but does not establish any requirement to disseminate personal or non - personal data to the business users . in all cases , processing of personal data should comply with the union legal framework on the protection of natural persons with regard to the processing of personal data , and on respect for private life and the protection of personal data in electronic communications , in particular regulation 2016 / 679 of the european parliament and of the council24 , directive 2016 / 68024a and directive 2002 / 58 / ec24b . this 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 . 24a directive 2016 / 680 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 by competent authorities for the purposes of the prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties , and on the free movement of such data , and repealing council framework decision 2008 / 977 / jha . 24b directive 2002 / 58 / ec of the european parliament and of the council of 12 july 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector .


### the ranking of goods and services by the providers of online intermediation services has an important impact on consumer choice and , consequently , on the commercial success of the business users offering those goods and services to consumers . providers of online intermediation services should therefore outline the main parameters determining ranking beforehand , in order to improve predictability for business users , to allow them to better understand the functioning of the ranking mechanism and to enable them to compare the ranking practices of various providers . the notion of main parameter should be understood to refer to any general criteria , processes , specific signals incorporated into algorithms or other adjustment or demotion mechanisms used in connection with the ranking . the description of the main parameters determining ranking should also include an explanation of any possibility for business users to actively influence ranking against remuneration , as well as of the relative effects thereof . this description should provide business users with an adequate understanding of how the ranking mechanism takes account of the characteristics of the actual goods or services offered by the business user , and their relevance to the consumers of the specific online intermediation services . ### the ranking of goods and services by the providers of online intermediation services has an important impact on consumer choice and , consequently , on the commercial success of the business users offering those goods and services to consumers . providers of online intermediation services should therefore outline the main parameters determining ranking beforehand , in order to improve predictability for business users , to allow them to better understand the functioning of the ranking mechanism and to enable them to compare the ranking practices of various providers . the notion of main parameter should be understood to refer to the criteria , processes , specific signals incorporated into algorithms or other adjustment or demotion mechanisms used in connection with the ranking , that are of material importance for an adequate understanding of the operation of the ranking system . the description of the main parameters determining ranking should also include an explanation of any possibility for business users to actively influence ranking against remuneration , as well as of the relative effects thereof . this description should provide business users with an adequate understanding of how the ranking mechanism takes account of the characteristics of the actual goods or services offered by the business user , and their relevance to the consumers of the specific online intermediation services . when offering goods and services as a result of ranking influenced against remuneration or due to control by the provider , the provider of online intermediation services should inform about this fact by including the word “sponsored” or “ad” in the offering .


### 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 .


### by [ date : three years after the date of entry into force ] , and subsequently every three years , the commission shall evaluate this regulation and report to the european parliament , the council and the european economic and social committee . ### by [ date : two years after the date of entry into force ] , and subsequently every three years , the commission shall evaluate this regulation and report to the european parliament , the council and the european economic and social committee .


### 4suspension and termination ### 4sanctions , suspension and termination


### 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 .


### 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 ; ### they allow business users to offer goods or services to consumers by facilitating direct transactions between those business users and consumers , irrespective of where those transactions are ultimately concluded ;


### 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 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 regularly review 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 .


### examples of online intermediation services covered by this regulation should consequently include online e - commerce market places , including collaborative ones on which business users are active , online software applications services and online social media services . however , this regulation should not apply to online advertising serving tools or online advertising exchanges which are not provided with the aim of facilitating the initiation of direct transactions and which do not involve a contractual relationship with consumers . this regulation should also not apply to online payment services , since they do not themselves meet the applicable requirements but are rather inherently auxiliary to the transaction for the supply of goods and services to the consumers concerned . ### examples of online intermediation services covered by this regulation should consequently include online e - commerce market places , including collaborative ones on which business users are active , and any marketplace like functionality of online software applications services and online social media services . however , this regulation should not apply to online advertising serving tools or online advertising exchanges or to services where user - generated content is dominant which are not provided with the aim of facilitating the initiation of direct transactions and which do not involve a contractual relationship with consumers . this regulation should also not apply to online payment services , since they do not themselves meet the applicable requirements but are rather inherently auxiliary to the transaction for the supply of goods and services to the consumers concerned .


### 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 council24 . _________________ 24regulation 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 . it should be ensured that providers of online intermediation services provide business users of online intermediation services with users’ data immediately after conclusion of the contracts concerned , provided that users give their consent . processing of personal data should comply with regulation 2016 / 679 of the european parliament and of the council24 . _________________ 24regulation 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 .


### 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 and business users services shall each 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 .


### whether the provider of online intermediation services has access to personal data or other data , or both , which business users or consumers provide for the use of those services or which are generated through the provision of those services , and if so , to which categories of such data and under what conditions ; ### whether the provider of online intermediation services and the provider of online search engines has access to personal data or other data , or both , which business users or corporate website users or consumers provide for the use of those services or which are generated through the provision of those services , and if so , to which categories of such data and under what conditions ;


### the ranking of goods and services by the providers of online intermediation services has an important impact on consumer choice and , consequently , on the commercial success of the business users offering those goods and services to consumers . providers of online intermediation services should therefore outline the main parameters determining ranking beforehand , in order to improve predictability for business users , to allow them to better understand the functioning of the ranking mechanism and to enable them to compare the ranking practices of various providers . the notion of main parameter should be understood to refer to any general criteria , processes , specific signals incorporated into algorithms or other adjustment or demotion mechanisms used in connection with the ranking . the description of the main parameters determining ranking should also include an explanation of any possibility for business users to actively influence ranking against remuneration , as well as of the relative effects thereof . this description should provide business users with an adequate understanding of how the ranking mechanism takes account of the characteristics of the actual goods or services offered by the business user , and their relevance to the consumers of the specific online intermediation services . ### the ranking of goods and services by the providers of online intermediation services has an important impact on consumer choice and , consequently , on the commercial success of the business users offering those goods and services to consumers . providers of online intermediation services should therefore outline parameters determining ranking beforehand , in order to improve predictability for business users , to allow them to better understand the functioning of the ranking mechanism and to enable them to compare the ranking practices of various providers . the description of the parameters determining ranking should also include an explanation of any possibility for business users to actively influence ranking against remuneration , as well as of the relative effects thereof . this description should provide business users with an adequate understanding of how the ranking mechanism takes account of the characteristics of the actual goods or services offered by the business user , and their relevance to the consumers of the specific online intermediation services .


### 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 and of online search engines decides to sanction suspend or terminate , in whole or in part , the provision of its services to a given business user , it shall inform the business user concerned at least 15 days before implementing that decision , and provide the business user , without undue delay , with a statement of reasons for that decision .


### the commission shall encourage providers of online intermediation services as well as organisations and associations representing them to individually or jointly set up one or more organisations providing mediation services which meet the requirements specified in article 10 , for the specific purpose of facilitating the out - of - court settlement of disputes with business users arising in relation to the provision of those services , taking particular account of the cross - border nature of online intermediation services . ### the commission shall encourage providers of online intermediation services , providers of online search engines , and providers of operating systems as well as organisations and associations representing them to individually or jointly set up one or more organisations providing mediation services which meet the requirements specified in article 10 , for the specific purpose of facilitating the out - of - court settlement of disputes with business users arising in relation to the provision of those services , taking particular account of the cross - border nature of online intermediation services , online search engines , and operating systems .


### 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 of online intermediation services or between business users and consumers 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 . 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 in itself mean that the webpage falls under the scope of this regulation .


### the envisaged modifications shall not be implemented before the expiry of a notice period which is reasonable and proportionate to the nature and extent of the envisaged modifications and to their consequences for the business user concerned . that notice period shall be at least 15 days from the date on which the provider of online intermediation services notifies the business users concerned about the envisaged modifications . ### the modifications shall not be implemented before the expiry of a notice period which is reasonable and proportionate to the nature and extent of the modifications and to their consequences for the business user concerned . that notice period shall be at least 15 days from the date on which the provider of online intermediation services notifies the business users concerned about the envisaged modifications .


### 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 search engines and online intermediation services 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 commission shall encourage the drawing up of codes of conduct by providers of online intermediation services and by organisations and associations representing them , intended to contribute to the proper application of this regulation , taking account of the specific features of the various sectors in which online intermediation services are provided , as well as of the specific characteristics of micro , small and medium - sized enterprises . ### the commission shall encourage the drawing up of codes of conduct by providers of online intermediation services and by organisations and associations representing them , together with business users and the organisations and associations representing them , that are intended to contribute to the proper application of this regulation , taking account of the specific features of the various sectors in which online intermediation services are provided , as well as of the specific characteristics of micro , small and medium - sized enterprises . in particular , codes of conducts shall address interoperability , barriers to switching and data portability .


### 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 the use of the operating systems concerned , at an ancillary services , and any technical or economic benefit it does not extend to all business users ;


### whether , in addition to point , a business user has access to personal data or other data , or both , including in aggregated form , provided by or generated through the provision of the online intermediation services to all of the business users and consumers thereof , and if so , to which categories of such data and under what conditions . ### whether , in addition to point , a business user or corporate website has access to personal data or other data , or both , including in aggregated form , provided by or generated through the provision of the online intermediation services or online search engine to all of the business users or corporate websites and consumers thereof , and if so , to which categories of such data and under what conditions .


### 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 .


### 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 .


### similarly , the ranking of websites by the providers of online search engines , notably of those websites through which undertakings offer goods and services to consumers , has an important impact on consumer choice and the commercial success of corporate website users . providers of online search engines should therefore provide a description of the main parameters determining the ranking of all indexed websites , including those of corporate website users as well as other websites . in addition to the characteristics of the goods and services and their relevance for consumers , this description should in the case of online search engines also allow corporate website users to obtain an adequate understanding of whether , and if so how and to what extent , certain design characteristics of the website used , such as their optimisation for display on mobile telecommunications devices , is taken into account . in the absence of a contractual relationship between providers of online search engines and corporate website users , that description should be available to the public in an obvious and easily accessible location on the relevant online search engine . to ensure predictability for corporate website users , the description should also be kept up to date , including the possibility that any changes to the main parameters should be made easily identifiable . whilst the providers are under no circumstances required to disclose any trade secrets as defined in directive 2016 / 943 of the european parliament and of the council23 when complying with this requirement to disclose the main ranking parameters , the description given should at least be based on actual data on the relevance of the ranking parameters used . __________________ 23 directive 2016 / 943 of the european parliament and of the council of 8 june 2016 on the protection of undisclosed know - how and business information against their unlawful acquisition , use and disclosure . ### similarly , the ranking of websites by the providers of online search engines , notably of those websites through which undertakings offer goods and services to consumers , has an important impact on consumer choice and the commercial success of corporate website users . providers of online search engines should therefore provide a publicly accessible description of the parameters of material importance for an adequate understanding of how the ranking of all indexed websites is determined , including those of corporate website users as well as other websites . in addition to the characteristics of the goods and services and their relevance for consumers , this description should in the case of online search engines also allow corporate website users to obtain an adequate understanding of whether , and if so how and to what extent , certain design characteristics of the website used , such as their optimisation for display on mobile devices , is taken into account . in the absence of a contractual relationship between providers of online search engines and corporate website users , that description should be available to the public in an obvious and easily accessible location on the relevant online search engine . to ensure predictability for corporate website users , the description should also be kept up to date , including the possibility that any changes to the main parameters should be made easily identifiable . the requirement to disclose ranking parameters should be without prejudice to directive 2016 / 943 of the european parliament and of the council , taking into account its provisions on lawful acquisition , use and disclosure . when complying with this requirement to disclose the main ranking parameters , the description given should at least be based on actual data on the relevance of the ranking parameters used .


### since the objectives of this regulation to support the free movement of workers and services and to contribute to strengthening fairness in the internal market cannot be sufficiently achieved by the member states acting in an uncoordinated manner , but can rather , by reason of the cross - border nature of those activities and the need for increased cooperation between member states , be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , this regulation does not go beyond what is necessary in order to achieve those objectives . ### since the objective of this regulation to contribute to strengthening fairness in the internal market , in particular by improving the enforcement of the union law , cannot be sufficiently achieved by the member states acting in an uncoordinated manner , but can rather , by reason of the cross - border nature of those activities and the need for increased cooperation between member states , be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , this regulation does not go beyond what is necessary in order to achieve that objective .


### the authority may set up working groups or expert panels with representatives from member states and / or from the commission , or external experts following selection procedures , for the fulfilment of its specific tasks or for specific policy areas , including a mediation board in order to fulfil its tasks in accordance with article 13 of this regulation , and a dedicated group for the purpose of handling financial matters related to the application of regulations no 883 / 2004 and no 987 / 2009 , as referred to in article 8 of this regulation . ### the agency should set up working groups or expert panels with representatives from member states and / or from the commission , or external experts following selection procedures , for the fulfilment of its specific tasks or for specific policy areas , including a mediation board in order to fulfil its tasks in accordance with article 13 of this regulation , and a dedicated group for the purpose of handling financial matters with reference to data processing and an audit board concerned with the application of regulations no 883 / 2004 and no 987 / 2009 , as referred to in article 8 of this regulation . it shall be ensured that the member states participate equally in these bodies and that the social security institutions have the opportunity to contribute their expertise with regard to their respective national social security legislation appropriately ;


### provide relevant information to employers on labour rules , and the living and working conditions applicable to workers in cross - border labour mobility situations , including posted workers ; ### provide relevant information to employers and employees on labour rules , and the living and working conditions applicable to workers in cross - border labour mobility situations , including posted workers , in all eu official languages ; make a wage - comparison computer available to indicate the wage level applicable to a posted worker in the host member state during a posting ;


### a european labour authority should be established in order to help strengthen fairness and trust in the single market . to that effect , the authority should support the member states and the commission in strengthening access to information for individuals and employers about their rights and obligations in cross - border labour mobility situations as well as access to relevant services , support compliance and cooperation between the member states to ensure the effective application of the union law in these areas , and mediate and facilitate a solution in case of cross - border disputes or labour market disruptions . ### a european labour authority should be established in order to help strengthen fairness and trust in the single market . to that effect , the authority should support the member states and the commission in strengthening compliance and cooperation between the member states to ensure the effective application of the union law in these areas , and mediate and facilitate a solution in case of cross - border disputes .


### the authority should perform its activities in the areas of cross - border labour mobility and social security coordination , including free movement of workers , posting of workers and highly mobile services . it should also enhance cooperation between member states in tackling undeclared work . in cases where the authority , in the course of the performance of its activities , becomes aware of suspected irregularities , including in areas of union law beyond its scope , such as violations of working conditions , health and safety rules , or the employment of illegally staying third - country nationals , it should be able to report them and cooperate on these matters with the commission , competent union bodies , and national authorities where appropriate . ### the authority should perform its activities in the areas of cross - border labour mobility and social security coordination , including free movement of workers , posting of workers and highly mobile services . it should also enhance cooperation between member states in tackling undeclared work and in situations where the proper functioning of the internal market is at risk because of , inter alia , letterbox companies , fraudulent companies or the phenomenon of bogus self - employment . in cases where the authority , in the course of the performance of its activities , becomes aware of suspected irregularities , including in areas of union law beyond its scope , such as violations of working conditions , health and safety rules , or the employment of illegally staying third - country nationals , it should be able to report them and cooperate on these matters with the commission , competent union bodies , and national authorities where appropriate .


### carry out analyses and risk assessments on issues of cross - border labour mobility , in accordance with article 11 ; ### carry out analyses and risk assessments on issues of cross - border labour mobility and barriers to the free movement of workers and services , in accordance with article 11 ;


### the authority shall report to the commission on a quarterly basis about the outcomes of the mediation cases it handles . ### the authority shall report to the commission on a quarterly basis about the outcomes of the mediation cases , where necessary or useful .


### the authority should perform its activities in the areas of cross - border labour mobility and social security coordination , including free movement of workers , posting of workers and highly mobile services . it should also enhance cooperation between member states in tackling undeclared work . in cases where the authority , in the course of the performance of its activities , becomes aware of suspected irregularities , including in areas of union law beyond its scope , such as violations of working conditions , health and safety rules , or the employment of illegally staying third - country nationals , it should be able to report them and cooperate on these matters with the commission , competent union bodies , and national authorities where appropriate . ### the agency should perform its activities in the areas of cross - border labour mobility and social security coordination , including free movement of workers and services . the agency should also enhance cooperation between member states in tackling undeclared work and combating the establishment of letterbox companies in the road transport sector , which contributed to distorting the sector’s competitiveness . in cases where the agency , in the course of the performance of its activities , becomes aware of suspected irregularities , it should be able to report them to the commission and national authorities .


### promote opportunities to support the labour mobility of individuals , including through guidance on access to learning and language training ; ### promote opportunities to support the labour mobility of individuals , including through non - binding guidance on access to learning and language training ;


### the authority should perform its activities in the areas of cross - border labour mobility and social security coordination , including free movement of workers , posting of workers and highly mobile services . it should also enhance cooperation between member states in tackling undeclared work . in cases where the authority , in the course of the performance of its activities , becomes aware of suspected irregularities , including in areas of union law beyond its scope , such as violations of working conditions , health and safety rules , or the employment of illegally staying third - country nationals , it should be able to report them and cooperate on these matters with the commission , competent union bodies , and national authorities where appropriate . ### to ensure the efficient functioning of the authority , it is necessary for its objective , together with its tasks and responsibilities , to be clearly defined , so as to ensure complementarity of its tasks with those of existing entities . the authority should perform its activities in the areas of cross - border labour mobility and social security coordination , including free movement of workers , posting of workers and cross - border provision of services , such as the transport sector . it should also enhance cooperation between member states in tackling undeclared work . in cases where the authority , in the course of the performance of its activities , becomes aware of suspected irregularities , including in areas of union law beyond its scope , such as violations of working conditions , health and safety rules , undeclared work and restrictions on rights and benefits , or the employment of illegally staying third - country nationals , it should report them efficiently and without undue delay and cooperate on these matters with the commission , competent union bodies , and national authorities .


### mediation between member states ### mediation and dispute settlement between member states


### the management board shall be composed of one senior representative from each member state and two representatives of the commission , all of whom have voting rights . ### the management board shall be composed of one senior representative from each member state and two representatives of the european commission , all of whom have voting rights , as well as independent experts appointed by the european parliament to represent it .


### support cooperation between member states in the cross - border enforcement of relevant union law , including facilitating joint inspections ; ### improve cooperation between member states in the cross - border enforcement of relevant union law , including facilitating joint inspections and increasing capacity building ;