### (58) to ensure the effectiveness of the obligations laid down by this regulation , while also making certain that these obligations are limited to what is necessary to ensure contestability and tackling the harmful effects of the unfair behaviour by gatekeepers , it is important to clearly define and circumscribe them so as to allow the gatekeeper to immediately comply with them , in full respect of regulation (eu) 2016/679 and directive 2002/58/ec , consumer protection , cyber security and product safety. the gatekeepers should ensure the compliance with this regulation by design. the necessary measures should therefore be as much as possible and where relevant integrated into the technological design used by the gatekeepers. however , it may in certain cases be appropriate for the commission , following a dialogue with the gatekeeper concerned , to further specify some of the measures that the gatekeeper concerned should adopt in order to effectively comply with those obligations that are susceptible of being further specified. this possibility of a regulatory dialogue should facilitate compliance by gatekeepers and expedite the correct implementation of the regulation. ### (58) the objectives of this regulation are to ensure contestability and fairness for the digital sector in general and for business users and end users of core platform services provided by gatekeepers in particular , with a view to promoting innovation , high quality of digital products and services , fair and competitive prices , as well as a high quality and choice for end users in the digital sector. to ensure the effectiveness of the obligations laid down by this regulation , while also making certain that these obligations are limited to what is necessary and proportionate to meet their objectives as well as the objectives of the regulation , it is important to clearly define and circumscribe them so as to allow the gatekeeper to immediately comply with them , in full respect of regulation (eu) 2016/679 and directive 2002/58/ec , consumer protection , cyber security and product safety. the gatekeepers should ensure the compliance with this regulation by design. the necessary measures should therefore be as much as possible and where relevant integrated into the technological design used by the gatekeepers. however , it may in certain cases be appropriate for the commission , following a dialogue with the gatekeeper concerned , to further specify some of the measures that the gatekeeper concerned should adopt in order to effectively comply with those obligations that are susceptible of being further specified. this possibility of a regulatory dialogue should facilitate compliance by gatekeepers and expedite the correct implementation of the regulation.


### (58) to ensure the effectiveness of the obligations laid down by this regulation , while also making certain that these obligations are limited to what is necessary to ensure contestability and tackling the harmful effects of the unfair behaviour by gatekeepers , it is important to clearly define and circumscribe them so as to allow the gatekeeper to immediately comply with them , in full respect of regulation (eu) 2016/679 and directive 2002/58/ec , consumer protection , cyber security and product safety. the gatekeepers should ensure the compliance with this regulation by design. the necessary measures should therefore be as much as possible and where relevant integrated into the technological design used by the gatekeepers. however , it may in certain cases be appropriate for the commission , following a dialogue with the gatekeeper concerned , to further specify some of the measures that the gatekeeper concerned should adopt in order to effectively comply with those obligations that are susceptible of being further specified. this possibility of a regulatory dialogue should facilitate compliance by gatekeepers and expedite the correct implementation of the regulation. ### (58) to ensure the effectiveness of the obligations laid down by this regulation , while also making certain from the very beginning of the compliance period that these obligations are limited to what is necessary to ensure contestability and tackling the harmful effects of the unfair behaviour by gatekeepers , it is important to clearly define and circumscribe them so as to allow the gatekeeper to immediately comply with them , in full respect of regulation (eu) 2016/679 and directive 2002/58/ec , consumer protection , cyber security and product safety. the gatekeepers should ensure the compliance with this regulation by design. the necessary measures should therefore be as much as possible and where relevant integrated into the technological design used by the gatekeepers. as business practices and aspects of the core platform , services offered by gatekeepers might differ from one another , it is likely that uncertainties and misinterpretations about appropriateness of the implemented measures arise. to eliminate them even before the compliance period commences , it is necessary that gatekeepers could request the commission to determine whether the measures that it intends to implement are effective in achieving the objective of the relevant obligation in the specific circumstances. however , it may in certain cases be appropriate for the commission , following a dialogue with the gatekeeper concerned , to further specify some of the measures that the gatekeeper concerned should adopt in order to effectively comply with those obligations that are susceptible of being further specified. in this process , the commission could need additional advice , insight knowledge and experience about the market of the core platform service subject to the dialogue. in such cases , the commission can consult third parties like business users and competitors , civil society organisations , national competent authorities and others , which the commission has determined as relevant for the respective core platform service. the commission should act with respect and protection to sensitive business data during these consultations. this possibility of a regulatory dialogue should facilitate compliance by gatekeepers and expedite the correct implementation of the regulation.


### (58) to ensure the effectiveness of the obligations laid down by this regulation , while also making certain that these obligations are limited to what is necessary to ensure contestability and tackling the harmful effects of the unfair behaviour by gatekeepers , it is important to clearly define and circumscribe them so as to allow the gatekeeper to immediately comply with them , in full respect of regulation (eu) 2016/679 and directive 2002/58/ec , consumer protection , cyber security and product safety. the gatekeepers should ensure the compliance with this regulation by design. the necessary measures should therefore be as much as possible and where relevant integrated into the technological design used by the gatekeepers. however , it may in certain cases be appropriate for the commission , following a dialogue with the gatekeeper concerned , to further specify some of the measures that the gatekeeper concerned should adopt in order to effectively comply with those obligations that are susceptible of being further specified. this possibility of a regulatory dialogue should facilitate compliance by gatekeepers and expedite the correct implementation of the regulation. ### (58) to ensure the effectiveness of the obligations laid down by this regulation , while also making certain that these obligations are limited to what is necessary to ensure contestability and tackling the harmful effects of the unfair behaviour by gatekeepers , it is important to clearly define and circumscribe them so as to allow the gatekeeper to immediately comply with them , in full respect of regulation (eu) 2016/679 and directive 2002/58/ec , consumer protection , cyber security and product safety. the gatekeepers should ensure the compliance with this regulation by design. the necessary measures should therefore be as much as possible and where relevant integrated into the technological design used by the gatekeepers. however , it may in certain cases be appropriate for the commission , following a dialogue with the gatekeeper concerned , and mandatory consultation with interested third parties , to further specify in a decision some of the measures that the gatekeeper concerned should adopt in order to effectively comply with those obligations that are susceptible of being further specified. this possibility of a regulatory dialogue should facilitate compliance by gatekeepers and expedite the correct implementation of the regulation.


### (62) in order to ensure the full and lasting achievement of the objectives of this regulation , the commission should be able to assess whether a provider of core platform services should be designated as a gatekeeper without meeting the quantitative thresholds laid down in this regulation; whether systematic non-compliance by a gatekeeper warrants imposing additional remedies; and whether the list of obligations addressing unfair practices by gatekeepers should be reviewed and additional practices that are similarly unfair and limiting the contestability of digital markets should be identified. such assessment should be based on market investigations to be run in an appropriate timeframe , by using clear procedures and deadlines , in order to support the ex ante effect of this regulation on contestability and fairness in the digital sector , and to provide the requisite degree of legal certainty. ### (62) in order to ensure the full and lasting achievement of the objectives of this regulation , the commission should be able to assess whether a provider of core platform services should be designated as a gatekeeper without meeting the quantitative thresholds laid down in this regulation; whether systematic non-compliance by a gatekeeper warrants imposing additional remedies; and whether the list of obligations addressing unfair practices by gatekeepers should be reviewed and , if necessary , additional practices that are similarly unfair and limiting the contestability of digital markets should be identified. such assessment should be based on market investigations to be run in an appropriate timeframe , by using clear procedures and deadlines , in order to support the ex ante effect of this regulation on contestability and fairness in the digital sector , and to provide the requisite degree of legal certainty.


### (65) the services and practices in core platform services and markets in which these intervene can change quickly and to a significant extent. to ensure that this regulation remains up to date and constitutes an effective and holistic regulatory response to the problems posed by gatekeepers , it is important to provide for a regular review of the lists of core platform services as well as of the obligations provided for in this regulation. this is particularly important to ensure that behaviour that may limit the contestability of core platform services or is unfair is identified. while it is important to conduct a review on a regular basis , given the dynamically changing nature of the digital sector , in order to ensure legal certainty as to the regulatory conditions , any reviews should be conducted within a reasonable and appropriate time-frame. market investigations should also ensure that the commission has a solid evidentiary basis on which it can assess whether it should propose to amend this regulation in order to expand , or further detail , the lists of core platform services. they should equally ensure that the commission has a solid evidentiary basis on which it can assess whether it should propose to amend the obligations laid down in this regulation or whether it should adopt a delegated act updating such obligations. ### (65) the services and practices in core platform services and markets in which these intervene can change quickly and to a significant extent. to ensure that this regulation remains up to date and constitutes an effective and holistic regulatory response to the problems posed by gatekeepers , it is important to provide for a regular review of the lists of core platform services as well as of the obligations provided for in this regulation. this is particularly important to ensure that behaviour that may limit the contestability of core platform services or is unfair is identified. while it is important to conduct a review on a regular basis , given the dynamically changing nature of the digital sector , in order to ensure legal certainty as to the regulatory conditions , any reviews should be conducted within a reasonable and appropriate time-frame. market investigations should also ensure that the commission has a solid evidentiary basis on which it can assess whether it should propose to amend this regulation in order to expand , or further detail , the lists of core platform services. they should equally ensure that the commission has a solid evidentiary basis on which it can assess whether it should propose to amend the obligations laid down in this regulation.


### (66) in the event that gatekeepers engage in behaviour that is unfair or that limits the contestability of the core platform services that are already designated under this regulation but without these behaviours being explicitly covered by the obligations , the commission should be able to update this regulation through delegated acts. such updates by way of delegated act should be subject to the same investigatory standard and therefore following a market investigation. the commission should also apply a predefined standard in identifying such behaviours. this legal standard should ensure that the type of obligations that gatekeepers may at any time face under this regulation are sufficiently predictable. ### deleted


### (66) in the event that gatekeepers engage in behaviour that is unfair or that limits the contestability of the core platform services that are already designated under this regulation but without these behaviours being explicitly covered by the obligations , the commission should be able to update this regulation through delegated acts. such updates by way of delegated act should be subject to the same investigatory standard and therefore following a market investigation. the commission should also apply a predefined standard in identifying such behaviours. this legal standard should ensure that the type of obligations that gatekeepers may at any time face under this regulation are sufficiently predictable. ### (66) in the event that gatekeepers engage in behaviour that is unfair or that limits the contestability of the core platform services that are already designated under this regulation but without these behaviours being explicitly covered by the obligations , the commission should be able to update this regulation through legislative acts in accordance with article 294 of the tfeu. such updates by way of delegated act should be subject to the same investigatory standard and therefore following a market investigation. the commission should also apply a predefined standard in identifying such behaviours. this legal standard should ensure that the type of obligations that gatekeepers may at any time face under this regulation are sufficiently predictable.


### (72) the commission should be able to take the necessary actions to monitor the effective implementation and compliance with the obligations laid down in this regulation. such actions should include the ability of the commission to appoint independent external experts , such as and auditors to assist the commission in this process , including where applicable from competent independent authorities , such as data or consumer protection authorities. ### (72) the commission should be able to take the necessary actions to monitor the effective implementation and compliance with the obligations laid down in this regulation. such actions should include the ability of the commission to appoint independent external experts , such as and auditors to assist the commission in this process , including where applicable from competent independent authorities , such as data or consumer protection authorities. considering the large number of business and end users of gatekeepers’ core platform services resulting in exponentially larger number of non-compliance practices , cases and scenarios , a reporting mechanism for business and end users would facilitate the commission in the swift indentification of systemic non-compliance by gatekeepers. such a reporting practice would additionally reduce the need for formal litigation practices and thus reduce the burden in national and eu courts of justice.


### (75) in the context of proceedings carried out under this regulation , the undertakings concerned should be accorded the right to be heard by the commission and the decisions taken should be widely publicised. while ensuring the rights to good administration and the rights of defence of the undertakings concerned , in particular , the right of access to the file and the right to be heard , it is essential that confidential information be protected. furthermore , while respecting the confidentiality of the information , the commission should ensure that any information relied on for the purpose of the decision is disclosed to an extent that allows the addressee of the decision to understand the facts and considerations that led up to the decision. finally , under certain conditions certain business records , such as communication between lawyers and their clients , may be considered confidential if the relevant conditions are met. ### (75) in the context of proceedings carried out under this regulation , the undertakings concerned should be accorded the right to be heard by the commission and the decisions taken should be widely publicised. while ensuring the rights to good administration and the rights of defence of the undertakings concerned , in particular , the right of access to the file and the right to be heard , it is essential that confidential and commercially sensitive information be protected. furthermore , while respecting the confidentiality of the information , the commission should ensure that any information relied on for the purpose of the decision is disclosed to an extent that allows the addressee of the decision to understand the facts and considerations that led up to the decision. finally , under certain conditions certain business records , such as communication between lawyers and their clients , may be considered confidential if the relevant conditions are met.


### (75) in the context of proceedings carried out under this regulation , the undertakings concerned should be accorded the right to be heard by the commission and the decisions taken should be widely publicised. while ensuring the rights to good administration and the rights of defence of the undertakings concerned , in particular , the right of access to the file and the right to be heard , it is essential that confidential information be protected. furthermore , while respecting the confidentiality of the information , the commission should ensure that any information relied on for the purpose of the decision is disclosed to an extent that allows the addressee of the decision to understand the facts and considerations that led up to the decision. finally , under certain conditions certain business records , such as communication between lawyers and their clients , may be considered confidential if the relevant conditions are met. ### (75) in the context of proceedings carried out under this regulation , the undertakings concerned should be accorded the right to be heard by the commission and the decisions taken should be widely publicised. other relevant stakeholders with sufficient interest , natural or legal persons , should also have a right to be heard , particularly parties directly affected by the obligations of articles 5 and 6. parties could be represented by associations applying on their behalf or other representatives. while ensuring the rights to good administration and the rights of defence of the undertakings concerned , in particular , the right of access to the file and the right to be heard , it is essential that confidential information be protected. furthermore , while respecting the confidentiality of the information , the commission should ensure that any information relied on for the purpose of the decision is disclosed to an extent that allows the addressee of the decision to understand the facts and considerations that led up to the decision. finally , under certain conditions certain business records , such as communication between lawyers and their clients , may be considered confidential if the relevant conditions are met.


### (77) the advisory committee established in accordance with regulation (eu) no 182//2011 should also deliver opinions on certain individual decisions of the commission issued under this regulation. in order to ensure contestable and fair markets in the digital sector across the union where gatekeepers are present , the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission to supplement this regulation. in particular , delegated acts should be adopted in respect of the methodology for determining the quantitative thresholds for designation of gatekeepers under this regulation and in respect of the update of the obligations laid down in this regulation where , based on a market investigation the commission has identified the need for updating the obligations addressing practices that limit the contestability of core platform services or are unfair. it is of particular importance that the commission carries out appropriate consultations and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law-making of 13 april 201636 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts. ### (77) the advisory committee established in accordance with regulation (eu) no 182//2011 should also deliver opinions on certain individual decisions of the commission issued under this regulation. when composing the advisory committee , member states shall also consider including the opinions of stakeholders , such as small and medium-sized enterprises (smes) , consumer protection experts and business associations. in order to ensure contestable and fair markets in the digital sector across the union where gatekeepers are present , the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission to supplement this regulation. in particular , delegated acts should be adopted in respect of the methodology for determining the quantitative thresholds for designation of gatekeepers under this regulation. it is of particular importance that the commission carries out appropriate consultations and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law-making of 13 april 201636 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts.


### 7. national authorities shall not take decisions which would run counter to a decision adopted by the commission under this regulation. the commission and member states shall work in close cooperation and coordination in their enforcement actions. ### 7. national authorities shall not take decisions which would run counter to a decision adopted by the commission under this regulation. the commission and member states shall work in close cooperation and coordination in their enforcement actions , providing close assistance to member states who request this.


### (14) ‘ancillary service’ means services provided in the context of or together with core platform services , including payment services as defined in point 3 of article 4 and technical services which support the provision of payment services as defined in article 3(j) of directive (eu) 2015/2366 , fulfilment , identification or advertising services; ### (14) ‘ancillary service’ means services provided in the context of or together with core platform services , including payment services as defined in point 3 of article 4 and technical services which support the provision of payment services as defined in article 3(j) of directive (eu) 2015/2366 , fulfilment services , parcel delivery services , as defined in article 2(2) of regulation (eu) 2018/644 , freight transport services and identification or advertising services;


### (14) ‘ancillary service’ means services provided in the context of or together with core platform services , including payment services as defined in point 3 of article 4 and technical services which support the provision of payment services as defined in article 3(j) of directive (eu) 2015/2366 , fulfilment , identification or advertising services; ### (14) ‘ancillary service’ means services provided in the context of or together with core platform services , including payment services as defined in point 3 of article 4 and technical services which support the provision of payment services as defined in article 3(j) of directive (eu) 2015/2366 , fulfilment , delivery of parcels as defined in article 1(paragraph 2) of regulation (eu) 2018/644 , identification or advertising services;


### (14) ‘ancillary service’ means services provided in the context of or together with core platform services , including payment services as defined in point 3 of article 4 and technical services which support the provision of payment services as defined in article 3(j) of directive (eu) 2015/2366 , fulfilment , identification or advertising services; ### (14) ancillary service’ means services provided in the context of or together with core platform services , including retailing activities , payment services as defined in point 3 of article 4 and technical services which support the provision of payment services as defined in article 3(j) of directive (eu) 2015/2366 , fulfilment , identification or advertising services;


### (14) ‘ancillary service’ means services provided in the context of or together with core platform services , including payment services as defined in point 3 of article 4 and technical services which support the provision of payment services as defined in article 3(j) of directive (eu) 2015/2366 , fulfilment , identification or advertising services; ### (14) ‘ancillary service’ means services provided in the context of or together with core platform services , including retailing or distribution services , payment services as defined in point 3 of article 4 and technical services which support the provision of payment services as defined in article 3(j) of directive (eu) 2015/2366 , fulfilment , identification or advertising services;


### (14) ‘ancillary service’ means services provided in the context of or together with core platform services , including payment services as defined in point 3 of article 4 and technical services which support the provision of payment services as defined in article 3(j) of directive (eu) 2015/2366 , fulfilment , identification or advertising services; ### (14) ‘ancillary service’ means services provided in the context of or together with core platform services that are related and necessary to effectively provide those core platform services , including payment services as defined in point 3 of article 4 and technical services which support the provision of payment services as defined in article 3(j) of directive (eu) 2015/2366 , fulfilment , identification or advertising services;


### (14) ‘ancillary service’ means services provided in the context of or together with core platform services , including payment services as defined in point 3 of article 4 and technical services which support the provision of payment services as defined in article 3(j) of directive (eu) 2015/2366 , fulfilment , identification or advertising services; ### (14) ‘ancillary service’ means services provided in the context of or together with core platform services , including retailing activities , payment services as defined in point 3 of article 4 and technical services which support the provision of payment services as defined in article 3(j) of directive (eu) 2015/2366 , fulfilment , identification or advertising services;


### it operates a core platform service which serves as an important gateway for business users to reach end users; and ### it operates a core platform service which serves as an important gateway for business users to reach end users and vice-versa;


### it operates a core platform service which serves as an important gateway for business users to reach end users; and ### its core platform serves as an important gateway for business users to reach end users; and


### it enjoys an entrenched and durable position in its operations or it is foreseeable that it will enjoy such a position in the near future. ### it enjoys an entrenched and durable position in its operations or it is foreseeable that it will enjoy such a position , based on an objective assessment by the competent authority taking into account past and predicted rates of growth and market concentration , in the near future; and


### it enjoys an entrenched and durable position in its operations or it is foreseeable that it will enjoy such a position in the near future. ### it enjoys an entrenched and durable position in its operations.


### the requirement in paragraph 1 point (a) where the undertaking to which it belongs achieves an annual eea turnover equal to or above eur 6.5 billion in the last three financial years , or where the average market capitalisation or the equivalent fair market value of the undertaking to which it belongs amounted to at least eur 65 billion in the last financial year , and it provides a core platform service in at least three member states; ### the requirement in paragraph 1 point (a) where the undertaking to which it belongs achieves an annual eea turnover equal to or above eur 10 billion in the last three financial years , or where the average market capitalisation or the equivalent fair market value of the undertaking to which it belongs amounted to at least eur 100 billion in the last financial year , and it provides a core platform service in at least three member states;


### the requirement in paragraph 1 point (a) where the undertaking to which it belongs achieves an annual eea turnover equal to or above eur 6.5 billion in the last three financial years , or where the average market capitalisation or the equivalent fair market value of the undertaking to which it belongs amounted to at least eur 65 billion in the last financial year , and it provides a core platform service in at least three member states; ### the requirement in paragraph 1 point (a) where the undertaking to which it belongs achieves an annual eea turnover equal to or above eur 5 billion in the last three financial years , or where the average market capitalisation or the equivalent fair market value of the undertaking to which it belongs amounted to at least eur 65 billion in the last financial year;


### the requirement in paragraph 1 point (a) where the undertaking to which it belongs achieves an annual eea turnover equal to or above eur 6.5 billion in the last three financial years , or where the average market capitalisation or the equivalent fair market value of the undertaking to which it belongs amounted to at least eur 65 billion in the last financial year , and it provides a core platform service in at least three member states; ### the requirement in paragraph 1 point (a) where the undertaking to which it belongs achieves an annual eea turnover equal to or above eur 6.5 billion in the last three financial years , or where the average market capitalisation or the equivalent fair market value of the undertaking to which it belongs amounted to at least eur 65 billion in the last financial year , and it provides a core platform service in at least two member states;


### the requirement in paragraph 1 point (a) where the undertaking to which it belongs achieves an annual eea turnover equal to or above eur 6.5 billion in the last three financial years , or where the average market capitalisation or the equivalent fair market value of the undertaking to which it belongs amounted to at least eur 65 billion in the last financial year , and it provides a core platform service in at least three member states; ### the requirement in paragraph 1 point (a) where the undertaking to which it belongs achieves an annual turnover equal to or above eur 10 billion in the last three financial years , or where the average market capitalisation or the equivalent fair market value of the undertaking to which it belongs amounted to at least eur 100 billion in the last financial year , and it provides two or more core platform services to business and end users in at least two member states;


### the requirement in paragraph 1 point (b) where it provides a core platform service that has more than 45 million monthly active end users established or located in the union and more than 10 000 yearly active business users established in the union in the last financial year; ### the requirement in paragraph 1 point (b) where it provides two or more core platform services that has each more than 45 million monthly active end users established or located in the union and more than 10 000 yearly active business users established in the union in the last financial year. monthly active end users and yearly active business users should be measured taking into account the indicators set out in the annex to this regulation;


### the requirement in paragraph 1 point (b) where it provides a core platform service that has more than 45 million monthly active end users established or located in the union and more than 10 000 yearly active business users established in the union in the last financial year; ### the requirement in paragraph 1 point (b) where it provides a core platform service that has more than 45 million monthly active end users established or located in the union and more than 10 000 yearly active business users established in the union in the last financial year; monthly active end users and yearly active business users shall be measured taking into account the indicators set out in the annex to this regulation.


### the requirement in paragraph 1 point (b) where it provides a core platform service that has more than 45 million monthly active end users established or located in the union and more than 10 000 yearly active business users established in the union in the last financial year; ### the requirement in paragraph 1 point (b) where it provides a core platform service that has more than 20 million monthly active end users established or located in the union and more than 7 000 yearly active business users established in the union in the last financial year;


### the requirement in paragraph 1 point (b) where it provides a core platform service that has more than 45 million monthly active end users established or located in the union and more than 10 000 yearly active business users established in the union in the last financial year; ### the requirement in paragraph 1 point (b) where it provides two or more core platform services that has each more than 45 million monthly active end users established or located in the union and more than 10 000 yearly active business users in the last financial year;


### 3. where a provider of core platform services meets all the thresholds in paragraph 2 , it shall notify the commission thereof within three months after those thresholds are satisfied and provide it with the relevant information identified in paragraph 2.. that notification shall include the relevant information identified in paragraph 2 for each of the core platform services of the provider that meets the thresholds in paragraph 2 point (b). the notification shall be updated whenever other core platform services individually meet the thresholds in paragraph 2 point (b). ### 3. where a provider of core platform services meets all the thresholds in paragraph 2 , it shall notify the commission without undue delay and at the latest 30 days thereof within three months after those thresholds are satisfied and provide it with the relevant information identified in paragraph 2. that notification shall include the relevant information identified in paragraph 2 for each of the core platform services of the provider that meets the thresholds in paragraph 2 point (b). the notification shall be updated whenever other core platform services individually meet the thresholds in paragraph 2 point (b).


### 3. where a provider of core platform services meets all the thresholds in paragraph 2 , it shall notify the commission thereof within three months after those thresholds are satisfied and provide it with the relevant information identified in paragraph 2.. that notification shall include the relevant information identified in paragraph 2 for each of the core platform services of the provider that meets the thresholds in paragraph 2 point (b). the notification shall be updated whenever other core platform services individually meet the thresholds in paragraph 2 point (b). ### 3. where a provider of core platform services meets all the thresholds in paragraph 2 , it shall notify the commission thereof within two months after those thresholds are satisfied and provide it with the relevant information identified in paragraph 2.. that notification shall include the relevant information identified in paragraph 2 for each of the core platform services of the provider that meets the thresholds in paragraph 2 point (b). the notification shall be updated whenever other core platform services individually meet the thresholds in paragraph 2 point (b).


### 3. where a provider of core platform services meets all the thresholds in paragraph 2 , it shall notify the commission thereof within three months after those thresholds are satisfied and provide it with the relevant information identified in paragraph 2.. that notification shall include the relevant information identified in paragraph 2 for each of the core platform services of the provider that meets the thresholds in paragraph 2 point (b). the notification shall be updated whenever other core platform services individually meet the thresholds in paragraph 2 point (b). ### 3. where a provider of core platform services meets all the thresholds in paragraph 2 , it shall notify the commission thereof within one month after those thresholds are satisfied and provide it with the relevant information identified in paragraph 2.. that notification shall include the relevant information identified in paragraph 2 for each of the core platform services of the provider that meets the thresholds in paragraph 2 point (b). the notification shall be updated whenever other core platform services individually meet the thresholds in paragraph 2 point (b).


### 5. the commission is empowered to adopt delegated acts in accordance with article 37 to specify the methodology for determining whether the quantitative thresholds laid down in paragraph 2 are met , and to regularly adjust it to market and technological developments where necessary , in particular as regards the threshold in paragraph 2 , point (a). ### 5. the commission is empowered to adopt delegated acts in accordance with article 37 to specify the methodology for determining whether the quantitative thresholds laid down in paragraph 2 are met , and to regularly adjust it to market and technological developments where necessary , in particular as regards the threshold in paragraph 2 , point (a). delegated acts shall not adjust directly or indirectly the quantitative thresholds set in paragraph 2 and therefore not impact in any way the substance of the gatekeeper definition.


### 6. the commission may identify as a gatekeeper , in accordance with the procedure laid down in article 15 , any provider of core platform services that meets each of the requirements of paragraph 1 , but does not satisfy each of the thresholds of paragraph 2 , or has presented sufficiently substantiated arguments in accordance with paragraph 4. ### 6. the commission may identify as a gatekeeper , in accordance with the procedure laid down in article 15 , any provider of core platform services , excluding medium-sized , small or micro enterprises as defined in commission recommendation 2003/361/ec1a , that meets each of the requirements of paragraph 1 , but does not satisfy each of the thresholds of paragraph 2 , or has presented sufficiently substantiated arguments in accordance with paragraph 4. commission's gatekeeper designation decision shall specify which obligations from articles 5 and 6 are technically adequate and necessary to comply with paragraph 1 of article 1 , for the specific core platform service.


### other structural market characteristics. ### other structural systemic market characteristics.


### other structural market characteristics. ### other relevant structural market business or service characteristics , such as a conglomerate corporate structure or vertical integration of the undertaking providing core platform services , which enable , for instance , cross-subsidisation or the combining of data from different sources.


### other structural market characteristics. ### other structural market characteristics including whether there are other gatekeepers identified pursuant to paragraph 2 within the same undertaking.


### where the provider of a core platform service that satisfies the quantitative thresholds of paragraph 2 fails to comply with the investigative measures ordered by the commission in a significant manner and the failure persists after the provider has been invited to comply within a reasonable time-limit and to submit observations , the commission shall be entitled to designate that provider as a gatekeeper. ### where the provider of a core platform service that satisfies the quantitative thresholds of paragraph 2 fails to comply with the investigative measures ordered by the commission and the failure persists after the provider has been invited to comply within a reasonable time-limit and to submit observations , the commission shall be entitled to designate that provider as a gatekeeper.


### where the provider of a core platform service that does not satisfy the quantitative thresholds of paragraph 2 fails to comply with the investigative measures ordered by the commission in a significant manner and the failure persists after the provider has been invited to comply within a reasonable time-limit and to submit observations , the commission shall be entitled to designate that provider as a gatekeeper based on facts available. ### where the provider of a core platform service that does not satisfy the quantitative thresholds of paragraph 2 fails to comply with the investigative measures ordered by the commission and the failure persists after the provider has been invited to comply within a reasonable time-limit and to submit observations , the commission shall be entitled to designate that provider as a gatekeeper based on facts available.


### refrain from requiring business users to use , offer or interoperate with an identification service of the gatekeeper in the context of services offered by the business users using the core platform services of that gatekeeper; ### refrain from requiring business users to use , offer or interoperate with an identification service or any other ancillary service operated by the gatekeeper , as well as by any third party belonging to the same undertaking , in the context of services offered by the business users using the core platform services of that gatekeeper;


### refrain from requiring business users to use , offer or interoperate with an identification service of the gatekeeper in the context of services offered by the business users using the core platform services of that gatekeeper; ### refrain from requiring business users to use , offer or interoperate with an identification service , or an ancillary service , of the gatekeeper or of third parties which are part of the same undertaking , in the context of services offered by the business users using the core platform services of that gatekeeper;


### refrain from requiring business users to use , offer or interoperate with an identification service of the gatekeeper in the context of services offered by the business users using the core platform services of that gatekeeper; ### refrain from requiring business users to use , offer or interoperate with an identification , payment or any other ancillary service of the gatekeeper in the context of services offered by the business users using the core platform services of that gatekeeper;


### refrain from requiring business users to use , offer or interoperate with an identification service of the gatekeeper in the context of services offered by the business users using the core platform services of that gatekeeper; ### refrain from requiring business users to use , offer or interoperate with any ancillary service of the gatekeeper in the context of services offered by the business users using the core platform services of that gatekeeper;


### refrain from requiring business users to use , offer or interoperate with an identification service of the gatekeeper in the context of services offered by the business users using the core platform services of that gatekeeper; ### refrain from requiring business users to use , offer or interoperate with gatekeeper's identification service , payment service , payment services supporting services or any ancillary or other service of the gatekeeper or third party , in the context of services offered by the business users using the core platform services of that gatekeeper;


### 1. in respect of each of its core platform services identified pursuant to article 3(7) , a gatekeeper shall: ### 1. in respect of each of its core platform services identified pursuant to article 3(7) , and ancillary services , a gatekeeper shall:


### 1. in respect of each of its core platform services identified pursuant to article 3(7) , a gatekeeper shall: ### 1. in respect of each of its core platform services identified in accordance with article 3(7) and its ancillary services including distribution , the gatekeeper shall:


### 1. in respect of each of its core platform services identified pursuant to article 3(7) , a gatekeeper shall: ### 1. in respect of each of its core platform services identified pursuant to article 3(7) and its ancillary services including distribution , a gatekeeper shall:


### refrain from using , in competition with business users , any data not publicly available , which is generated through activities by those business users , including by the end users of these business users , of its core platform services or provided by those business users of its core platform services or by the end users of these business users; ### deleted


### refrain from using , in competition with business users , any data not publicly available , which is generated through activities by those business users , including by the end users of these business users , of its core platform services or provided by those business users of its core platform services or by the end users of these business users; ### refrain from using , directly or through third parties which are part of the same undertaking , in competition with business users and with ancillary service providers , any data not publicly available , which is generated through activities by those business users , including by the end users of business users , of its core platform services or provided by the business users of its core platform services or by the end users of these business users;


### refrain from using , in competition with business users , any data not publicly available , which is generated through activities by those business users , including by the end users of these business users , of its core platform services or provided by those business users of its core platform services or by the end users of these business users; ### refrain from using , in competition with business users and ancillary service (notably distribution) suppliers , any data non-publicly available , which is generated through activities by those business users or suppliers , including the end users of these business users , of its core platform services or provided by those business users or suppliers of its core platform services or by the end users of these business users;


### refrain from using , in competition with business users , any data not publicly available , which is generated through activities by those business users , including by the end users of these business users , of its core platform services or provided by those business users of its core platform services or by the end users of these business users; ### refrain from using , in competition with business users , any data not publicly available , which is generated through activities by those business users , including by the end users of these business users , of its core platform services or ancillary services or provided by those business users of its core platform services or by the end users of these business users via the core platform services or ancillary services;


### refrain from using , in competition with business users , any data not publicly available , which is generated through activities by those business users , including by the end users of these business users , of its core platform services or provided by those business users of its core platform services or by the end users of these business users; ### refrain from using , in competition with business users and ancillary service suppliers , any data not publicly available , which is generated through activities by those business users , including by the end users of these business users , of its core platform services or provided by those business users of its core platform services or by the end users of these business users;


### refrain from treating more favourably in ranking services and products offered by the gatekeeper itself or by any third party belonging to the same undertaking compared to similar services or products of third party and apply fair and non-discriminatory conditions to such ranking; ### deleted


### refrain from treating more favourably in ranking services and products offered by the gatekeeper itself or by any third party belonging to the same undertaking compared to similar services or products of third party and apply fair and non-discriminatory conditions to such ranking; ### refrain from treating more favourably in ranking services - core platform and ancillary services - and products offered by the gatekeeper itself or by any third party belonging to the same undertaking compared to similar services or products of third party and apply fair and non-discriminatory conditions to such ranking;


### refrain from treating more favourably in ranking services and products offered by the gatekeeper itself or by any third party belonging to the same undertaking compared to similar services or products of third party and apply fair and non-discriminatory conditions to such ranking; ### refrain from treating more favourably in ranking and other settings services and products offered by the gatekeeper itself or by any third party belonging to the same undertaking compared to similar services or products of third party and apply fair and non-discriminatory conditions to such ranking and other settings;


### refrain from treating more favourably in ranking services and products offered by the gatekeeper itself or by any third party belonging to the same undertaking compared to similar services or products of third party and apply fair and non-discriminatory conditions to such ranking; ### refrain from treating more favourably in ranking services and products offered by the gatekeeper itself or by any third party compared to similar services or products of other parties and apply fair and non-discriminatory conditions to such ranking;


### refrain from treating more favourably in ranking services and products offered by the gatekeeper itself or by any third party belonging to the same undertaking compared to similar services or products of third party and apply fair and non-discriminatory conditions to such ranking; ### refrain from treating more favourably or differently in terms of ranking , access or terms of service , or technical features and interfaces , services and products offered by the gatekeeper itself or by any third party belonging to the same undertaking compared to similar services or products of any other party and apply fair and non-discriminatory conditions in terms of ranking , access or terms of service , and technical features and interfaces;


### refrain from treating more favourably in ranking services and products offered by the gatekeeper itself or by any third party belonging to the same undertaking compared to similar services or products of third party and apply fair and non-discriminatory conditions to such ranking; ### refrain from treating more favourably services and products offered , through its core platform services , by the gatekeeper itself or by any third party belonging to the same undertaking compared to similar services or products offered by third parties and apply fair and non-discriminatory conditions to such offers to preserve consumer choice;


### refrain from treating more favourably in ranking services and products offered by the gatekeeper itself or by any third party belonging to the same undertaking compared to similar services or products of third party and apply fair and non-discriminatory conditions to such ranking; ### refrain from treating more favourably in ranking and giving a more favourable display of services and products offered by the gatekeeper itself or by any third party belonging to the same undertaking compared to similar services or products of third party and apply fair and non-discriminatory conditions to such ranking and display;


### refrain from treating more favourably in ranking services and products offered by the gatekeeper itself or by any third party belonging to the same undertaking compared to similar services or products of third party and apply fair and non-discriminatory conditions to such ranking; ### refrain from treating , without justification , more favourably in ranking services and products offered by the gatekeeper itself or by any third party belonging to the same undertaking compared to similar services or products of a third party and apply fair and non-discriminatory conditions to such ranking;


### refrain from treating more favourably in ranking services and products offered by the gatekeeper itself or by any third party belonging to the same undertaking compared to similar services or products of third party and apply fair and non-discriminatory conditions to such ranking; ### refrain from treating more favourably in ranking , display or default settings services and products offered by the gatekeeper itself or by any third party compared to similar services or products of third party and apply fair and non-discriminatory conditions to such ranking , display or default settings;


### refrain from treating more favourably in ranking services and products offered by the gatekeeper itself or by any third party belonging to the same undertaking compared to similar services or products of third party and apply fair and non-discriminatory conditions to such ranking; ### refrain from treating more favourably in ranking or displaying services and products offered by the gatekeeper itself or by any third party belonging to the same undertaking compared to similar services or products of third party and apply fair and non-discriminatory conditions to such ranking; where a gatekeeper’s online search engine results page includes the display of separate products or services third parties shall be afforded equal opportunity to provide this product or services in exchange for remuneration; to avoid any conflicts of interest , the gatekeeper’s product or service shall be treated as a separate commercial entity and shall be commercially viable as a stand-alone service;


### refrain from treating more favourably in ranking services and products offered by the gatekeeper itself or by any third party belonging to the same undertaking compared to similar services or products of third party and apply fair and non-discriminatory conditions to such ranking; ### refrain from treating more favourably in ranking , displaying and other settings , as well as in access to and conditions for the use of services , functionalities or technical interfaces , services and products offered by the gatekeeper itself or by any third party belonging to the same undertaking compared to similar services or products of third party and apply fair and non-discriminatory conditions to such practices;


### refrain from technically restricting the ability of end users to switch between and subscribe to different software applications and services to be accessed using the operating system of the gatekeeper , including as regards the choice of internet access provider for end users; ### refrain from technically restricting the ability of end users to switch between and subscribe to different content or services to be accessed using the core platform service of the gatekeeper , including as regards the choice of internet access provider for end users , or the use of a vocal assistant;


### refrain from technically restricting the ability of end users to switch between and subscribe to different software applications and services to be accessed using the operating system of the gatekeeper , including as regards the choice of internet access provider for end users; ### refrain from technically , commercially or operationally restricting the ability of end users to switch between and subscribe to different software applications and services to be accessed using the operating system of the gatekeeper , including as regards the choice of internet access provider for end users;


### refrain from technically restricting the ability of end users to switch between and subscribe to different software applications and services to be accessed using the operating system of the gatekeeper , including as regards the choice of internet access provider for end users; ### refrain from technically restricting the ability of end users to switch between and subscribe to different content or services to be accessed using the core platform service of the gatekeeper , including as regards the choice of internet access provider for end users , or the use of a voice assistant;


### refrain from technically restricting the ability of end users to switch between and subscribe to different software applications and services to be accessed using the operating system of the gatekeeper , including as regards the choice of internet access provider for end users; ### refrain from technical , commercial or other means of restricting the ability of end users to switch between , subscribe to and use different providers of electronic communications networks and services , software applications and services that can be accessed using the operating system of the gatekeeper;


### allow business users and providers of ancillary services access to and interoperability with the same operating system , hardware or software features that are available or used in the provision by the gatekeeper of any ancillary services; ### deleted


### allow business users and providers of ancillary services access to and interoperability with the same operating system , hardware or software features that are available or used in the provision by the gatekeeper of any ancillary services; ### allow business users and providers of ancillary services equivalent access to and interoperability with the operating system , hardware features and related software features that are available or used in the provision by the gatekeeper of any ancillary services. such access should not undermine demonstrated any measures that the gatekeeper put in place to ensure user safety , data protection , or protect the integrity of the hardware or operating system provided by the gatekeeper;


### allow business users and providers of ancillary services access to and interoperability with the same operating system , hardware or software features that are available or used in the provision by the gatekeeper of any ancillary services; ### allow business users and providers of ancillary services access to and interoperability with the same operating system , hardware or software features that are available or used in the provision by the gatekeeper of any ancillary services unless the gatekeeper is in a position to demonstrate that doing so would compromise their efforts to protect user safety , data protection , or the integrity of their hardware;


### allow business users and providers of ancillary services access to and interoperability with the same operating system , hardware or software features that are available or used in the provision by the gatekeeper of any ancillary services; ### allow business users and providers of core platform and ancillary services equivalent access to and interoperability with the same operating system , hardware or software features that are available or used in the provision by the gatekeeper of any core platform and ancillary services;


### allow business users and providers of ancillary services access to and interoperability with the same operating system , hardware or software features that are available or used in the provision by the gatekeeper of any ancillary services; ### allow business users and providers of ancillary services access to and interoperability with the same operating system , hardware or software features that are available or used in the provision by the gatekeeper of any ancillary services. such access shall be granted free of charge;


### allow business users and providers of ancillary services access to and interoperability with the same operating system , hardware or software features that are available or used in the provision by the gatekeeper of any ancillary services; ### allow end users , business users , providers of ancillary services , providers and potential providers of number-independent interpersonal communication services , online social networking services and advertising service providers for interoperability with the same operating system , hardware , software or any industry-standard service features and access to the same technical information that are available or used in the provision by the gatekeeper of any ancillary services , social networking services , number-independent interpersonal communications services , advertising services or any industry-standard features of its core platform services , unless and only to the degree , it can be proven that necessary measures compromise compliance with regulation (eu) 2016/679 and directive 2002/58/ec , with legislation on cybersecurity , consumer protection and product safety;


### provide business users , or third parties authorised by a business user , free of charge , with effective , high-quality , continuous and real-time access and use of aggregated or non-aggregated data , that is provided for or generated in the context of the use of the relevant core platform services by those business users and the end users engaging with the products or services provided by those business users; for personal data , provide access and use only where directly connected with the use effectuated by the end user in respect of the products or services offered by the relevant business user through the relevant core platform service , and when the end user opts in to such sharing with a consent in the sense of the regulation (eu) 2016/679; ; ### provide business users , or third parties authorised by a business user , free of charge , with effective , high-quality , continuous and real-time access and use of aggregated or non-aggregated data that is provided for or generated in the context of the use of the relevant core and ancillary platform services by those business users and the end users engaging with the products and services provided by those business users , to user businesses and supplier of ancillary and notably distribution services , for personal data , provide access and use only where directly connected with the use effectuated by the end user in respect of the products or services offered by the relevant business user through the relevant core platform service , and when the end user opts in to such sharing with a consent in the sense of the (eu) 2016/679;


### provide business users , or third parties authorised by a business user , free of charge , with effective , high-quality , continuous and real-time access and use of aggregated or non-aggregated data , that is provided for or generated in the context of the use of the relevant core platform services by those business users and the end users engaging with the products or services provided by those business users; for personal data , provide access and use only where directly connected with the use effectuated by the end user in respect of the products or services offered by the relevant business user through the relevant core platform service , and when the end user opts in to such sharing with a consent in the sense of the regulation (eu) 2016/679; ; ### provide business users , or third parties authorised by a business user , free of charge , with effective , secure , high-quality , continuous and real-time access and use of aggregated or non-aggregated , reliable and accurate data , that is provided for or generated in the context of the use of the relevant core platform services by those business users and the end users engaging with the products or services provided by those business users; present the data in a comprehensible , structured and consistent format and offer minimal data analysis services for small and medium-sized business users; for personal data , anonymises the data in advance for small or medium-sized business users and provide access when justified on grounds of legitimate interest and use only where directly connected with the use effectuated by the end user in respect of the products or services offered by the relevant business user through the relevant core platform service , and when the end user opts in to such sharing with a consent in the sense of the regulation (eu) 2016/679;


### provide business users , or third parties authorised by a business user , free of charge , with effective , high-quality , continuous and real-time access and use of aggregated or non-aggregated data , that is provided for or generated in the context of the use of the relevant core platform services by those business users and the end users engaging with the products or services provided by those business users; for personal data , provide access and use only where directly connected with the use effectuated by the end user in respect of the products or services offered by the relevant business user through the relevant core platform service , and when the end user opts in to such sharing with a consent in the sense of the regulation (eu) 2016/679; ; ### provide business users , or third parties authorised by a business user , free of charge , with effective , high-quality , continuous and real-time access and use of aggregated or non-aggregated data , that is provided for or generated in the context of the use of the relevant core platform or ancillary services offered by the gatekeeper by those business users and the end users engaging with the products or services provided by those business users; for personal data , provide access and use only where directly connected with the use effectuated by the end user in respect of the products or services offered by the relevant business user through the relevant core platform service , and when the end user opts in to such sharing with a consent in the sense of the regulation (eu) 2016/679;


### provide business users , or third parties authorised by a business user , free of charge , with effective , high-quality , continuous and real-time access and use of aggregated or non-aggregated data , that is provided for or generated in the context of the use of the relevant core platform services by those business users and the end users engaging with the products or services provided by those business users; for personal data , provide access and use only where directly connected with the use effectuated by the end user in respect of the products or services offered by the relevant business user through the relevant core platform service , and when the end user opts in to such sharing with a consent in the sense of the regulation (eu) 2016/679; ; ### provide business users , or third parties authorised by a business user , free of charge , with user-friendly effective , high-quality , continuous and real-time access and use of aggregated or non-aggregated data , that is provided for or generated in the context of the use of the relevant core platform services by those business users and the end users engaging with the products or services provided by those business users; for personal data , provide access and use only where directly connected with the use effectuated by the end user in respect of the products or services offered by the relevant business user through the relevant core platform service , and when the end user opts in to such sharing with a consent in the sense of the regulation (eu) 2016/679;


### provide business users , or third parties authorised by a business user , free of charge , with effective , high-quality , continuous and real-time access and use of aggregated or non-aggregated data , that is provided for or generated in the context of the use of the relevant core platform services by those business users and the end users engaging with the products or services provided by those business users; for personal data , provide access and use only where directly connected with the use effectuated by the end user in respect of the products or services offered by the relevant business user through the relevant core platform service , and when the end user opts in to such sharing with a consent in the sense of the regulation (eu) 2016/679; ; ### provide business users , or third parties authorised by a business user , free of charge , with effective , secure , high-quality , continuous and real-time access and use of aggregated or non-aggregated , reliable and accurate data , that is provided for or generated in the context of the use of the relevant core and ancillary (notably distribution) platform services by those business users and the end users engaging with the products or services provided by those business users; present the data in a comprehensible , structured and consistent format; offer minimal data analysis services for small and medium-sized business users; for personal data , provide access and use only where directly connected with the use effectuated by the end user in respect of the products or services offered by the relevant business user through the relevant core platform service , and when the end user opts in to such sharing with a consent provided to the gatekeeper or directly to the business user as prescribed in article 11 (2) or where the business user may rely on article6(1)(c) or article 6(1)(e) in the sense of the regulation (eu) 2016/679 and when the end user does not opt in to such a sharing , provide business users access and use to the anonymised data directly connected with the use effectuated by the end user in respect of the products or services offered by the relevant business user;


### provide business users , or third parties authorised by a business user , free of charge , with effective , high-quality , continuous and real-time access and use of aggregated or non-aggregated data , that is provided for or generated in the context of the use of the relevant core platform services by those business users and the end users engaging with the products or services provided by those business users; for personal data , provide access and use only where directly connected with the use effectuated by the end user in respect of the products or services offered by the relevant business user through the relevant core platform service , and when the end user opts in to such sharing with a consent in the sense of the regulation (eu) 2016/679; ; ### provide business users , or third parties authorised by a business user , free of charge , with effective , high-quality , continuous and real-time access and use of aggregated and non-aggregated data , that is provided for or generated in the context of the use of the relevant core platform services by those business users and the end users engaging with the products or services provided by those business users , including ranking , query , click and view data; this shall include , at the request of the business user , the possibility and necessary tools to access and analyse data “in-situ” without a transfer from the gatekeeper; for personal data , provide access and use only where directly connected with the use effectuated by the end user in respect of the products or services offered by the relevant business user through the relevant core platform service , and when the end user opts in to such sharing with a consent provided to the gatekeeper or directly to the business user as prescribed in article 11(2) or where the business user may rely on article 6(1)(c) or article 6(1)(e) in the sense of the regulation (eu) 2016/679;


### 1. the measures implemented by the gatekeeper to ensure compliance with the obligations laid down in articles 5 and 6 shall be effective in achieving the objective of the relevant obligation. the gatekeeper shall ensure that these measures are implemented in compliance with regulation (eu) 2016/679 and directive 2002/58/ec , and with legislation on cyber security , consumer protection and product safety. ### 1. the measures implemented by the gatekeeper to ensure compliance with the obligations laid down in articles 5 and 6 shall be fully effective in achieving the objective of the relevant obligation and lead towards this. the gatekeeper shall ensure that these measures are implemented in compliance with regulation (eu) 2016/679 and directive 2002/58/ec , and with legislation on cyber security , consumer protection and product safety.


### 1. the measures implemented by the gatekeeper to ensure compliance with the obligations laid down in articles 5 and 6 shall be effective in achieving the objective of the relevant obligation. the gatekeeper shall ensure that these measures are implemented in compliance with regulation (eu) 2016/679 and directive 2002/58/ec , and with legislation on cyber security , consumer protection and product safety. ### 1. the measures implemented by the gatekeeper to ensure compliance with the obligations laid down in articles 5 and 6 shall be effective in achieving the objective of the relevant obligation and the objectives of this regulation , namely safeguarding contestability and fairness for business users as well as end users. the gatekeeper shall ensure that these measures are implemented in compliance with regulation (eu) 2016/679 and directive 2002/58/ec and regulation xx on a single market for digital services , and with legislation on cyber security , consumer protection and product safety.


### 1. the measures implemented by the gatekeeper to ensure compliance with the obligations laid down in articles 5 and 6 shall be effective in achieving the objective of the relevant obligation. the gatekeeper shall ensure that these measures are implemented in compliance with regulation (eu) 2016/679 and directive 2002/58/ec , and with legislation on cyber security , consumer protection and product safety. ### 1. the measures implemented by the gatekeeper to ensure compliance with the obligations laid down in articles 5 and 6 shall be effective in achieving the objective of the relevant obligation and the objectives of this regulation , namely safeguarding contestability and fairness for business users as well as end users. the gatekeeper shall ensure that these measures are implemented in compliance with regulation (eu) 2016/679 and directive 2002/58/ec , and with legislation on cyber security , consumer protection and product safety.


### 1. the measures implemented by the gatekeeper to ensure compliance with the obligations laid down in articles 5 and 6 shall be effective in achieving the objective of the relevant obligation. the gatekeeper shall ensure that these measures are implemented in compliance with regulation (eu) 2016/679 and directive 2002/58/ec , and with legislation on cyber security , consumer protection and product safety. ### 1. the measures implemented by the gatekeeper to ensure compliance with the obligations laid down in articles 5 and 6 shall be effective in achieving the objective of the relevant obligation. the gatekeeper shall notify these measures to the commission and ensure that they are implemented in compliance with regulation (eu) 2016/679 and directive 2002/58/ec , and with legislation on cyber security , consumer protection and product safety.


### 1. the measures implemented by the gatekeeper to ensure compliance with the obligations laid down in articles 5 and 6 shall be effective in achieving the objective of the relevant obligation. the gatekeeper shall ensure that these measures are implemented in compliance with regulation (eu) 2016/679 and directive 2002/58/ec , and with legislation on cyber security , consumer protection and product safety. ### 1. it shall be the responsibility of the gatekeeper to ensure and demonstrate compliance by design with the relevant obligations laid down in articles 5 and 6. the measures implemented by the gatekeeper to ensure compliance with the obligations laid down in articles 5 and 6 shall be effective in achieving the objective of the relevant obligation. the gatekeeper shall ensure that these measures are implemented in compliance with regulation(eu) 2016/679 and directive 2002/58/ec , and with legislation on cyber security , consumer protection and product safety.


### 1. the measures implemented by the gatekeeper to ensure compliance with the obligations laid down in articles 5 and 6 shall be effective in achieving the objective of the relevant obligation. the gatekeeper shall ensure that these measures are implemented in compliance with regulation (eu) 2016/679 and directive 2002/58/ec , and with legislation on cyber security , consumer protection and product safety. ### 1. the measures implemented by the gatekeeper to ensure compliance with the obligations laid down in articles 5 and 6 shall be effective in achieving the objective of the relevant obligation. the gatekeeper shall notify the commission about these measures and ensure that they are implemented in compliance with regulation (eu) 2016/679 and directive 2002/58/ec , and with legislation on cyber security , consumer protection and product safety.


### 2. where the commission finds that the measures that the gatekeeper intends to implement pursuant to paragraph 1 , or has implemented , do not ensure effective compliance with the relevant obligations laid down in article 6 , it may by decision specify the measures that the gatekeeper concerned shall implement. the commission shall adopt such a decision within six months from the opening of proceedings pursuant to article 18. ### 2. where the commission finds that the measures that the gatekeeper intends to implement pursuant to paragraph 1 , or has implemented , do not ensure effective compliance with the relevant obligations laid down in article 6 , it shall open proceedings pursuant to article 18 where it may , by decision , following regulatory dialogue to facilitate compliance by the gatekeeper and expedite the implementation of this regulation , specify the measures that the gatekeeper concerned shall implement. the commission shall adopt such a decision within six months from the opening of proceedings pursuant to article 18.


### 2. where the commission finds that the measures that the gatekeeper intends to implement pursuant to paragraph 1 , or has implemented , do not ensure effective compliance with the relevant obligations laid down in article 6 , it may by decision specify the measures that the gatekeeper concerned shall implement. the commission shall adopt such a decision within six months from the opening of proceedings pursuant to article 18. ### 2. where the commission finds that the measures that the gatekeeper has implemented pursuant to paragraph 1 , or has implemented , do not ensure effective compliance with the relevant obligations laid down in article 6 , it may by decision specify the measures that the gatekeeper concerned shall implement. the commission shall adopt such a decision within six months from the opening of proceedings pursuant to article 18.


### 2. where the commission finds that the measures that the gatekeeper intends to implement pursuant to paragraph 1 , or has implemented , do not ensure effective compliance with the relevant obligations laid down in article 6 , it may by decision specify the measures that the gatekeeper concerned shall implement. the commission shall adopt such a decision within six months from the opening of proceedings pursuant to article 18. ### 2. where the commission finds that the measures that the gatekeeper intends to implement pursuant to paragraph 1 , or has implemented , do not ensure effective compliance with the relevant obligations laid down in article 5 and 6 , it shall by decision specify the measures that the gatekeeper concerned shall implement. the high-level group of digital regulators , digital markets advisory committee including digital markets stakeholders council and relevant stakeholders may submit to the commission opinions on the necessary measures within the time foreseen for the adoption of the decision. the commission shall adopt such a decision within four months from the opening of proceedings pursuant to article 18.


### 3. the commission may , acting on a reasoned request by a gatekeeper or on its own initiative , provisionally suspend the application of the relevant obligation to one or more individual core platform services already prior to the decision pursuant to paragraph 1. ### 3. in cases of urgency , the commission may , acting on a reasoned request by a gatekeeper or on its own initiative , provisionally suspend the application of the relevant obligation to one or more individual core platform services already prior to the decision pursuant to paragraph 1.


### 3. a gatekeeper shall be deemed to have engaged in a systematic non-compliance with the obligations laid down in articles 5 and 6 , where the commission has issued at least three non-compliance or fining decisions pursuant to articles 25 and 26 respectively against a gatekeeper in relation to any of its core platform services within a period of five years prior to the adoption of the decision opening a market investigation in view of the possible adoption of a decision pursuant to this article. ### 3. a gatekeeper shall be deemed to have engaged in a systematic non-compliance with the obligations laid down in articles 5 and 6 , where the commission has issued at least two non-compliance or fining decisions pursuant to articles 25 and 26 respectively against a gatekeeper in relation to any of its core platform services within a period of five years prior to the adoption of the decision opening a market investigation in view of the possible adoption of a decision pursuant to this article.


### the commission may conduct a market investigation with the purpose of examining whether one or more services within the digital sector should be added to the list of core platform services or to detect types of practices that may limit the contestability of core platform services or may be unfair and which are not effectively addressed by this regulation. it shall issue a public report at the latest within 24 months from the opening of the market investigation. ### the commission may conduct a market investigation with the purpose of examining whether one or more services within the digital sector should be added to the list of core platform services or to detect types of practices that may limit the contestability of core platform services or may be unfair and which are not effectively addressed by this regulation. it shall issue a public report at the latest within 12 months from the opening of the market investigation.


### the commission may conduct a market investigation with the purpose of examining whether one or more services within the digital sector should be added to the list of core platform services or to detect types of practices that may limit the contestability of core platform services or may be unfair and which are not effectively addressed by this regulation. it shall issue a public report at the latest within 24 months from the opening of the market investigation. ### the commission may conduct a market investigation with the purpose of examining whether one or more services within the digital sector should be added to the list of core platform services or to detect types of practices that may limit the contestability of core platform services or may be unfair and which are not effectively addressed by this regulation. it shall issue a public report at the latest within 18 months from the opening of the market investigation.


### be accompanied by a delegated act amending articles 5 or 6 as provided for in article 10. ### deleted


### 1. the commission may conduct on-site inspections at the premises of an undertaking or association of undertakings. ### 1. in case of urgency due to the risk of serious and irreparable damage for business users or end users of gatekeepers , the commission may conduct on-site inspections at the premises of an undertaking or association of undertakings for the purposes of investigations under this regulation.


### 4. undertakings or associations of undertakings are required to submit to an on-site inspection ordered by decision of the commission. the decision shall specify the subject matter and purpose of the visit , set the date on which it is to begin and indicate the penalties provided for in articles 26 and 27 and the right to have the decision reviewed by the court of justice. ### 4. undertakings or associations of undertakings are required to submit to an on-site inspection ordered by decision of the commission. the decision shall specify the subject matter and purpose of the on-site inspection , set the date on which it is to begin and indicate the penalties provided for in articles 26 and 27 and the right to have the decision reviewed by the court of justice. the decision shall be proportionate in light of the seriousness and urgency of the alleged infringement and shall be duly justified.


### 1. the commission shall adopt a non-compliance decision in accordance with the advisory procedure referred to in article 32(4) where it finds that a gatekeeper does not comply with one or more of the following: ### 1. the commission shall , within six months from the opening of proceedings pursuant to article 18 , adopt a non-compliance decision in accordance with the advisory procedure referred to in article 32(4) where it finds that a gatekeeper does not comply with one or more of the following:


### 3. in the non-compliance decision adopted pursuant to paragraph 1 , the commission shall order the gatekeeper to cease and desist with the non-compliance within an appropriate deadline and to provide explanations on how it plans to comply with the decision. ### 3. in the non-compliance decision adopted pursuant to paragraph 1 , the commission shall order the gatekeeper to cease and desist with the non-compliance within an appropriate deadline , but not longer than three months , and to provide explanations on how it plans to comply with the decision.


### 1. in the decision pursuant to article 25 , the commission may impose on a gatekeeper fines not exceeding 10% of its total turnover in the preceding financial year where it finds that the gatekeeper , intentionally or negligently , fails to comply with: ### 1. in the decision pursuant to article 25 , the commission may impose on a gatekeeper fines not exceeding 30% of its total turnover in the preceding financial year where it finds that the gatekeeper , intentionally or negligently , fails to comply with:


### 2. the commission may by decision impose on undertakings and associations of undertakings fines not exceeding 1% of the total turnover in the preceding financial year where they intentionally or negligently: ### 2. the commission may by decision impose on undertakings and associations of undertakings fines not exceeding 5% of the total turnover in the preceding financial year where they intentionally or negligently:


### 1. the powers conferred on the commission by articles 26 and 27 shall be subject to a three year limitation period. ### 1. the powers conferred on the commission by articles 26 and 27 shall be subject to a five year limitation period.


### 3. the commission shall base its decisions only on objections on which gatekeepers , undertakings and associations of undertakings concerned have been able to comment. ### 3. the commission shall base its decisions only on objections on which gatekeepers , undertakings , associations of undertakings concerned , relevant interested natural and legal third persons , have been able to comment.


### 1. when three or more member states request the commission to open an investigation pursuant to article 15 because they consider that there are reasonable grounds to suspect that a provider of core platform services should be designated as a gatekeeper , the commission shall within four months examine whether there are reasonable grounds to open such an investigation. ### 1. when three or more member states request the commission to open an investigation pursuant to article 15 because they consider that there are reasonable grounds to suspect that a provider of core platform services should be designated as a gatekeeper , the commission shall within four months examine whether there are reasonable grounds to open such an investigation and justify its decision to open or refuse to open an investigation.


### 1. when three or more member states request the commission to open an investigation pursuant to article 15 because they consider that there are reasonable grounds to suspect that a provider of core platform services should be designated as a gatekeeper , the commission shall within four months examine whether there are reasonable grounds to open such an investigation. ### 1. when three or more member states request the commission to open an investigation pursuant to article 14 , the commission shall within four months examine whether there are reasonable grounds to open such an investigation.


### 1. when three or more member states request the commission to open an investigation pursuant to article 15 because they consider that there are reasonable grounds to suspect that a provider of core platform services should be designated as a gatekeeper , the commission shall within four months examine whether there are reasonable grounds to open such an investigation. ### 1. when three or more member states request the commission to open an investigation pursuant to:


### 1. when three or more member states request the commission to open an investigation pursuant to article 15 because they consider that there are reasonable grounds to suspect that a provider of core platform services should be designated as a gatekeeper , the commission shall within four months examine whether there are reasonable grounds to open such an investigation. ### 1. when three or more member states request the commission to open an investigation pursuant to :


### 1. when three or more member states request the commission to open an investigation pursuant to article 15 because they consider that there are reasonable grounds to suspect that a provider of core platform services should be designated as a gatekeeper , the commission shall within four months examine whether there are reasonable grounds to open such an investigation. ### 1. when one or more member states request the commission to open an investigation pursuant to article 15 because they consider that there are reasonable grounds to suspect that a provider of core platform services should be designated as a gatekeeper , the commission shall within four months examine whether there are reasonable grounds to open such an investigation.


### 2. the power to adopt delegated acts referred to in articles 3(6) and 9(1) shall be conferred on the commission for a period of five years from dd/mm/yyyy. the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period. ### 2. the power to adopt delegated acts referred to in articles 3(5) shall be conferred on the commission for a period of five years from dd/mm/yyyy. the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period.


### 2. the power to adopt delegated acts referred to in articles 3(6) and 9(1) shall be conferred on the commission for a period of five years from dd/mm/yyyy. the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period. ### 2. the power to adopt delegated acts referred to in articles 3(6) and 10 shall be conferred on the commission for a period of five years from dd/mm/yyyy. the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period.


### 3. the delegation of power referred to in articles 3(6) and 9(1) may be revoked at any time by the european parliament or by the council. a decision to revoke shall put an end to the delegation of the power specified in that decision. it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein. it shall not affect the validity of any delegated acts already in force. ### 3. the delegation of power referred to in articles 3(5) may be revoked at any time by the european parliament or by the council. a decision to revoke shall put an end to the delegation of the power specified in that decision. it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein. it shall not affect the validity of any delegated acts already in force.


### 3. the delegation of power referred to in articles 3(6) and 9(1) may be revoked at any time by the european parliament or by the council. a decision to revoke shall put an end to the delegation of the power specified in that decision. it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein. it shall not affect the validity of any delegated acts already in force. ### 3. the delegation of power referred to in articles 3(6) and 10 may be revoked at anytime by the european parliament or by the council. a decision to revoke shall put an end to the delegation of the power specified in that decision. it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein. it shall not affect the validity of any delegated acts already in force.


### 6. a delegated act adopted pursuant to articles 3(6) and 9(1) shall enter into force only if no objection has been expressed either by the european parliament or by the council within a period of two months of notification of that act to the european parliament and to the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object. that period shall be extended by two months at the initiative of the european parliament or of the council. ### 6. a delegated act adopted pursuant to articles 3(5) shall enter into force only if no objection has been expressed either by the european parliament or by the council within a period of two months of notification of that act to the european parliament and to the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object. that period shall be extended by two months at the initiative of the european parliament or of the council.