### 2. this regulation shall apply to core platform services provided or offered by gatekeepers to business users established in the union or end users established or located in the union , irrespective of the place of establishment or residence of the gatekeepers and irrespective of the law otherwise applicable to the provision of service. ### 2. this regulation shall apply to core platform services provided or offered by gatekeepers to end users established or located in the union and business users , irrespective of the place of establishment or residence of the gatekeepers or business users and irrespective of the law otherwise applicable to the provision of service.


### 5. member states shall not impose on gatekeepers further obligations by way of laws , regulations or administrative action for the purpose of ensuring contestable and fair markets. this is without prejudice to rules pursuing other legitimate public interests , in compliance with union law. in particular , nothing in this regulation precludes member states from imposing obligations , which are compatible with union law , on undertakings , including providers of core platform services where these obligations are unrelated to the relevant undertakings having a status of gatekeeper within the meaning of this regulation in order to protect consumers or to fight against acts of unfair competition. ### 5. member states shall not impose on gatekeepers any further obligations by way of laws , regulations or administrative action for the purpose of ensuring contestable and fair markets. this is without prejudice to rules pursuing other legitimate public interests , in compliance with union law. in particular , this regulation does not preclude member states from imposing obligations , which are compatible with union law , on undertakings , including providers of core platform services where these obligations are unrelated to the relevant undertakings having a status of gatekeeper within the meaning of this regulation in order to protect consumers or to fight against acts of unfair competition.


### 5. member states shall not impose on gatekeepers further obligations by way of laws , regulations or administrative action for the purpose of ensuring contestable and fair markets. this is without prejudice to rules pursuing other legitimate public interests , in compliance with union law. in particular , nothing in this regulation precludes member states from imposing obligations , which are compatible with union law , on undertakings , including providers of core platform services where these obligations are unrelated to the relevant undertakings having a status of gatekeeper within the meaning of this regulation in order to protect consumers or to fight against acts of unfair competition. ### 5. member states shall not impose on gatekeepers further obligations by way of laws , regulations or administrative action for the purpose of ensuring contestable and fair markets. in particular , nothing in this regulation precludes member states from imposing obligations , which are compatible with union law , on undertakings , including providers of core platform services , for issues lying outside the scope of this regulation and where these obligations are unrelated to the relevant undertakings having a status of gatekeeper within the meaning of this regulation.


### 5. member states shall not impose on gatekeepers further obligations by way of laws , regulations or administrative action for the purpose of ensuring contestable and fair markets. this is without prejudice to rules pursuing other legitimate public interests , in compliance with union law. in particular , nothing in this regulation precludes member states from imposing obligations , which are compatible with union law , on undertakings , including providers of core platform services where these obligations are unrelated to the relevant undertakings having a status of gatekeeper within the meaning of this regulation in order to protect consumers or to fight against acts of unfair competition. ### 5. in order to avoid the fragmentation of the internal market , member states shall not impose on gatekeepers further obligations by way of laws , regulations or administrative action for the purpose of ensuring contestable and fair markets. this is without prejudice to rules pursuing other legitimate public interests , in compliance with union law. in particular , nothing in this regulation precludes member states from imposing obligations , which are compatible with union law , on undertakings , including those undertakings controlling the providers of core platform services where these obligations are unrelated to the relevant providers of core platform services undertakings having a status of gatekeeper within the meaning of this regulation in order to protect consumers or to fight against acts of unfair competition.


### 6. this regulation is without prejudice to the application of articles 101 and 102 tfeu. it is also without prejudice to the application of: national rules prohibiting anticompetitive agreements , decisions by associations of undertakings , concerted practices and abuses of dominant positions; national competition rules prohibiting other forms of unilateral conduct insofar as they are applied to undertakings other than gatekeepers or amount to imposing additional obligations on gatekeepers; council regulation (ec) no 139/200438 and national rules concerning merger control; regulation (eu) 2019/1150 and regulation (eu) …./.. of the european parliament and of the council39 . ### 6. this regulation complements and is without prejudice to the application of articles 101 and 102 tfeu. it is also without prejudice to the application of: national rules prohibiting anticompetitive agreements , decisions by associations of undertakings , concerted practices and abuses of dominant positions; national competition rules prohibiting other forms of unilateral conduct insofar as they are applied to undertakings other than gatekeepers or amount to imposing additional obligations on gatekeepers; council regulation (ec) no 139/200438 and national rules concerning merger control; regulation (eu) 2019/1150 and regulation (eu) …./.. of the european parliament and of the council39 .


### 6. this regulation is without prejudice to the application of articles 101 and 102 tfeu. it is also without prejudice to the application of: national rules prohibiting anticompetitive agreements , decisions by associations of undertakings , concerted practices and abuses of dominant positions; national competition rules prohibiting other forms of unilateral conduct insofar as they are applied to undertakings other than gatekeepers or amount to imposing additional obligations on gatekeepers; council regulation (ec) no 139/200438 and national rules concerning merger control; regulation (eu) 2019/1150 and regulation (eu) …./.. of the european parliament and of the council39 . ### 6. this regulation is without prejudice to the application of articles 101 and 102 tfeu. it is also without prejudice to the application of: national rules prohibiting anticompetitive agreements , decisions by associations of undertakings , concerted practices and abuses of dominant positions; national competition rules prohibiting other forms of unilateral conduct insofar as they are applied to undertakings other than gatekeepers or amount to imposing additional obligations on gatekeepers; council regulation (ec) no 139/200438 and national rules concerning merger control; regulation (eu) 2019/1150; directive 2005/29/ec; council directive 93/13/eec and regulation (eu) …./.. of the european parliament and of the council39 .


### (18) ‘ranking’ means the relative prominence given to goods or services offered through online intermediation services or online social networking services , or the relevance given to search results by online search engines , as presented , organised or communicated by the providers of online intermediation services or of online social networking services or by providers of online search engines , respectively , whatever the technological means used for such presentation , organisation or communication; ### (18) ‘ranking’ means the relative prominence given to goods or services offered or provided through online intermediation services , operating systems , video-sharing platform services , web browsers or online social networking services , or the relevance given to search results by online search engines , as presented , organised or communicated by the providers of online intermediation services , operating systems , video-sharing platform services , web browsers or of online social networking services or by providers of online search engines , respectively , whatever the technological means used for such presentation , organisation or communication;


### (18) ‘ranking’ means the relative prominence given to goods or services offered through online intermediation services or online social networking services , or the relevance given to search results by online search engines , as presented , organised or communicated by the providers of online intermediation services or of online social networking services or by providers of online search engines , respectively , whatever the technological means used for such presentation , organisation or communication; ### (18) ‘ranking’ means the relative prominence given to goods or services , or the relevance given to search results , as presented , organised or communicated by the providers of core platform services , whatever the technological means used for such presentation , organisation or communication;


### for the purpose of the first subparagraph , monthly active end users shall refer to the average number of monthly active end users throughout the largest part of the last financial year; ### for the purpose of the first subparagraph , monthly active end users shall refer to the average number of monthly active end users throughout at least six , not necessarily consecutive , months of the financial year;


### for the purpose of the first subparagraph , monthly active end users shall refer to the average number of monthly active end users throughout the largest part of the last financial year; ### for the purpose of the first subparagraph , monthly active end users shall refer to the average number of monthly active end users throughout the last financial year;


### refrain from preventing or restricting business users from raising issues with any relevant public authority relating to any practice of gatekeepers; ### refrain from directly or indirectly preventing or restricting business users or supplier to the gatekeeper’s ancillary service from raising issues with any relevant public authority relating to any practice of gatekeepers;


### refrain from preventing or restricting business users from raising issues with any relevant public authority relating to any practice of gatekeepers; ### refrain from directly or indirectly preventing or restricting business and end users from raising issues with any relevant public authority relating to any practice of gatekeepers , including by means of the reporting mechanism for professional and end users pursuant to article 18a;


### refrain from preventing or restricting business users from raising issues with any relevant public authority relating to any practice of gatekeepers; ### refrain from preventing or restricting business users or end users from raising issues with any relevant public authority or competent judicial authority relating to any practice of gatekeepers.


### refrain from preventing or restricting business users from raising issues with any relevant public authority relating to any practice of gatekeepers; ### refrain from preventing or restricting business users from raising issues with any relevant public authority relating to any practice of gatekeepers , including by contractual obligations between the gatekeeper and the third party business users;


### refrain from preventing or restricting business users from raising issues with any relevant public authority relating to any practice of gatekeepers; ### refrain from preventing , restricting or discouraging business users from raising issues with any relevant public authority relating to any practice of gatekeepers;


### refrain from preventing or restricting business users from raising issues with any relevant public authority relating to any practice of gatekeepers; ### refrain from preventing or restricting business users from raising issues with any relevant public authority relating to any practice of gatekeepers including by contractual obligations between the gatekeeper and the third party business users;


### refrain from preventing or restricting business users from raising issues with any relevant public authority relating to any practice of gatekeepers; ### refrain from preventing or restricting , directly or indirectly , business users or supplier to the gatekeeper's ancillary service from raising issues with any relevant public authority or national court relating to any practice of gatekeepers;


### refrain from preventing or restricting business users from raising issues with any relevant public authority relating to any practice of gatekeepers; ### refrain from directly or indirectly preventing or restricting business and end users from raising issues with any relevant public authority , including national courts , relating to any practice of gatekeepers;


### refrain from requiring business users or end users to subscribe to or register with any other core platform services identified pursuant to article 3 or which meets the thresholds in article 3(2)(b) as a condition to access , sign up or register to any of their core platform services identified pursuant to that article; ### refrain from requiring business users or end users to use , to subscribe to or register with any other core platform services identified pursuant to article 3 or which meets the thresholds in article 3(2)(b) as a condition to access , sign up or register to any of their core platform services identified pursuant to that article;


### refrain from requiring business users or end users to subscribe to or register with any other core platform services identified pursuant to article 3 or which meets the thresholds in article 3(2)(b) as a condition to access , sign up or register to any of their core platform services identified pursuant to that article; ### refrain from requiring business users or end users to use , subscribe to or register with any other core platform services identified pursuant to article 3 or any other service or product offered , owned or controled by the gatekeeper or any third party , particularly any ancillary services of the gatekeeper or any third party , such as payment services , as a condition to access , use , sign up or register to any of their core platform services identified pursuant to article 2 or to any other service offered by the gatekeeper and from automatically signing users of a core platform service into any such services or products offered , owned or controlled by the gatekeeper or any third party;


### provide advertisers and publishers to which it supplies advertising services , upon their request , with information concerning the price paid by the advertiser and publisher , as well as the amount or remuneration paid to the publisher , for the publishing of a given ad and for each of the relevant advertising services provided by the gatekeeper. ### provide advertisers and publishers to which it supplies advertising services , upon their request and free of charge , with information concerning the price paid by the advertiser and publisher , as well as the amount or remuneration paid to the publisher , for the publishing of a given ad and for each of the relevant advertising services provided by the gatekeeper.


### provide advertisers and publishers to which it supplies advertising services , upon their request , with information concerning the price paid by the advertiser and publisher , as well as the amount or remuneration paid to the publisher , for the publishing of a given ad and for each of the relevant advertising services provided by the gatekeeper. ### provide individual advertisers and publishers to which it supplies advertising services with free of charge , high-quality , effective , continuous and real-time access to information on the visibility and availability of advertisement portfolio as well as pricing conditions concerning the bids placed by advertisers and advertising intermediaries , the price paid by the advertiser and publisher , as well as the amount and remuneration paid to the publisher , for the publishing of a given ad and for each of the relevant advertising services provided by the gatekeeper.


### provide advertisers and publishers to which it supplies advertising services , upon their request , with information concerning the price paid by the advertiser and publisher , as well as the amount or remuneration paid to the publisher , for the publishing of a given ad and for each of the relevant advertising services provided by the gatekeeper. ### provide individual advertisers and publishers to which it supplies advertising services , with free of charge , high-quality , effective , continuous and real time access to information on the visibility and availability of advertisement portfolio as well as pricing conditions concerning the bids placed by advertisers and advertising intermediaries , the price paid by the advertiser and publisher , as well as the amount and remuneration paid to the publisher , and the methodology for the calculation of advertising intermediation fees and surcharges for the publishing of a given ad and for each of the relevant advertising services provided by the gatekeeper.


### provide advertisers and publishers to which it supplies advertising services , upon their request , with information concerning the price paid by the advertiser and publisher , as well as the amount or remuneration paid to the publisher , for the publishing of a given ad and for each of the relevant advertising services provided by the gatekeeper. ### provide individual advertisers and publishers to which it supplies advertising services , with free of charge , high-quality , effective , continuous and real-time access to information on the visibility and availability of advertisement portfolio as well as pricing conditions concerning the bids placed by advertisers and advertising intermediaries , the price paid by the advertiser and publisher and the methodology for the calculation of advertising intermediation fees and surcharges , for the publishing of a given ad and for each of the relevant advertising services provided by the gatekeeper.


### allow end users to un-install any pre-installed software applications on its core platform service without prejudice to the possibility for a gatekeeper to restrict such un-installation in relation to software applications that are essential for the functioning of the operating system or of the device and which cannot technically be offered on a standalone basis by third-parties; ### inform end users upon first use of any pre-installed software applications on its core platform service and of the option to un-install them , without prejudice to the possibility for a gatekeeper to restrict such un-installation in relation to software applications that are essential for the functioning of the operating system or of the device and which cannot technically be offered on a standalone basis by third-parties;


### allow end users to un-install any pre-installed software applications on its core platform service without prejudice to the possibility for a gatekeeper to restrict such un-installation in relation to software applications that are essential for the functioning of the operating system or of the device and which cannot technically be offered on a standalone basis by third-parties; ### allow end users to un-install or remove any pre-installed software applications on its core platform service without prejudice to the possibility for a gatekeeper to restrict such un-installation or removal in relation to software applications that are essential for the functioning of the operating system or of the device and which cannot technically be offered on a standalone basis by third-parties;


### allow end users to un-install any pre-installed software applications on its core platform service without prejudice to the possibility for a gatekeeper to restrict such un-installation in relation to software applications that are essential for the functioning of the operating system or of the device and which cannot technically be offered on a standalone basis by third-parties; ### deleted


### allow the installation and effective use of third party software applications or software application stores using , or interoperating with , operating systems of that gatekeeper and allow these software applications or software application stores to be accessed by means other than the core platform services of that gatekeeper. the gatekeeper shall not be prevented from taking proportionate measures to ensure that third party software applications or software application stores do not endanger the integrity of the hardware or operating system provided by the gatekeeper; ### allow the installation and effective use of third party software applications or software application stores using , or interoperating with , operating systems of that gatekeeper and allow these software applications or software application stores to be accessed by means other than the core platform services of that gatekeeper. the gatekeeper shall not be prevented from taking proportionate measures to ensure that third party software applications or software application stores do not endanger the integrity of the hardware or operating system provided by the gatekeeper. this should be without prejudice to the role gatekeepers play in the fight against illegal content online.


### allow the installation and effective use of third party software applications or software application stores using , or interoperating with , operating systems of that gatekeeper and allow these software applications or software application stores to be accessed by means other than the core platform services of that gatekeeper. the gatekeeper shall not be prevented from taking proportionate measures to ensure that third party software applications or software application stores do not endanger the integrity of the hardware or operating system provided by the gatekeeper; ### allow the installation and effective use of third party software applications or software application stores using , or interoperating with , operating systems of that gatekeeper and allow these software applications or software application stores to be accessed by means other than the core platform services of that gatekeeper. the gatekeeper shall be allowed to take proportionate measures to ensure that third party software applications or software application stores do not endanger the integrity of the hardware or operating system provided by the gatekeeper or the security or user-experience of the end-users;


### allow the installation and effective use of third party software applications or software application stores using , or interoperating with , operating systems of that gatekeeper and allow these software applications or software application stores to be accessed by means other than the core platform services of that gatekeeper. the gatekeeper shall not be prevented from taking proportionate measures to ensure that third party software applications or software application stores do not endanger the integrity of the hardware or operating system provided by the gatekeeper; ### allow and technically enable the installation and effective use of third party software applications or software application stores using , or interoperating with , operating systems of that gatekeeper and allow these software applications or software application stores to be accessed by means other than the core platform services of that gatekeeper. the gatekeeper shall not be prevented from taking proportionate measures to ensure that third party software applications or software application stores do not endanger the integrity of the hardware or operating system provided by the gatekeeper;


### allow the installation and effective use of third party software applications or software application stores using , or interoperating with , operating systems of that gatekeeper and allow these software applications or software application stores to be accessed by means other than the core platform services of that gatekeeper. the gatekeeper shall not be prevented from taking proportionate measures to ensure that third party software applications or software application stores do not endanger the integrity of the hardware or operating system provided by the gatekeeper; ### allow the installation and effective equivalent to all other parties use of third party software applications or software application stores using , or interoperating with , operating systems of that gatekeeper and allow these software applications or software application stores to be accessed by means other than the core platform services of that gatekeeper. the gatekeeper shall not be prevented from taking proportionate measures to ensure that third party software applications or software application stores do not endanger the data protection , safety and integrity of the hardware or operating system provided by the gatekeeper. if the gatekeeper takes such measures , it shall provide the third party affected by these measures with detailed justification and limit them to what they can prove as being strictly indispensable for the objective of avoiding to endanger the integrity of the hardware or operating system provided by the gatekeeper;


### allow the installation and effective use of third party software applications or software application stores using , or interoperating with , operating systems of that gatekeeper and allow these software applications or software application stores to be accessed by means other than the core platform services of that gatekeeper. the gatekeeper shall not be prevented from taking proportionate measures to ensure that third party software applications or software application stores do not endanger the integrity of the hardware or operating system provided by the gatekeeper; ### allow the installation and effective use of third party software applications or software application stores using , or interoperating with , operating systems of that gatekeeper and allow these software applications or software application stores to be accessed by means other than the core platform services of that gatekeeper. the gatekeeper shall not be prevented from taking proportionate measures to ensure that third party software applications or software application stores do not endanger the integrity of the hardware or operating system provided by the gatekeeper , and does not undermine efforts by the gatekeeper to ensure user safety or data protection;


### allow the installation and effective use of third party software applications or software application stores using , or interoperating with , operating systems of that gatekeeper and allow these software applications or software application stores to be accessed by means other than the core platform services of that gatekeeper. the gatekeeper shall not be prevented from taking proportionate measures to ensure that third party software applications or software application stores do not endanger the integrity of the hardware or operating system provided by the gatekeeper; ### allow the installation and effective use of third party software applications or software application stores using , or interoperating with , operating systems of that gatekeeper and allow these software applications or software application stores to be accessed by means other than the core platform services of that gatekeeper unless the gatekeeper can demonstrate that doing so would undermine or jeopardise user safety , data protection , or the integrity of the hardware or operating system provided by the gatekeeper;


### allow the installation and effective use of third party software applications or software application stores using , or interoperating with , operating systems of that gatekeeper and allow these software applications or software application stores to be accessed by means other than the core platform services of that gatekeeper. the gatekeeper shall not be prevented from taking proportionate measures to ensure that third party software applications or software application stores do not endanger the integrity of the hardware or operating system provided by the gatekeeper; ### allow business and end users , the installation , the designation as the default and effective use of third party software applications or software application stores using , or interoperating with , operating systems of that gatekeeper and allow these software applications or software application stores to be accessed by means other than the core platform services of that gatekeeper. the gatekeeper shall allow all downloaded applications or application stores to prompt the end user enabling decision on setting them as default. the gatekeeper shall not be prevented from taking proportionate measures to ensure that third party software applications or software application stores do not endanger cyber security , privacy and data protection and the integrity of the hardware or operating system provided by the gatekeeper , where the gatekeeper can prove that such measures are necessary and justified and there are no less restrictive means to safeguard those purposes. 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;


### allow the installation and effective use of third party software applications or software application stores using , or interoperating with , operating systems of that gatekeeper and allow these software applications or software application stores to be accessed by means other than the core platform services of that gatekeeper. the gatekeeper shall not be prevented from taking proportionate measures to ensure that third party software applications or software application stores do not endanger the integrity of the hardware or operating system provided by the gatekeeper; ### allow the installation and effective equivalent to all other parties use of third party software applications or software application stores using , or interoperating with , operating systems of that gatekeeper and allow these software applications or software application stores to be accessed by means other than the core platform services of that gatekeeper. the gatekeeper shall not be prevented from taking proportionate measures to ensure that third party software applications or software application stores do not endanger data protection , safety and integrity of the hardware or operating system provided by the gatekeeper. if the gatekeeper takes such measures , it shall provide the third party affected by these measures detailed justification and limit them to what they can prove as being strictly indispensable for the objective of avoiding to endanger the integrity of the hardware or operating system provided by the gatekeeper;


### allow the installation and effective use of third party software applications or software application stores using , or interoperating with , operating systems of that gatekeeper and allow these software applications or software application stores to be accessed by means other than the core platform services of that gatekeeper. the gatekeeper shall not be prevented from taking proportionate measures to ensure that third party software applications or software application stores do not endanger the integrity of the hardware or operating system provided by the gatekeeper; ### allow the installation and effective use of third party software applications or software application stores using , or interoperating with , operating systems of that gatekeeper and allow these software applications or software application stores to be accessed by means other than the core platform services of that gatekeeper. the gatekeeper shall not be prevented from taking proportionate measures to ensure that third party software applications or software application stores do not endanger the integrity of the hardware or operating system provided by the gatekeeper. this shall also be without prejudice to the role gatekeepers play in the fight against illegal content online;


### provide advertisers and publishers , upon their request and free of charge , with access to the performance measuring tools of the gatekeeper and the information necessary for advertisers and publishers to carry out their own independent verification of the ad inventory; ### provide advertisers and publishers , or third parties authorised by the advertisers and publishers , upon their request and free of charge , with access to the performance measuring tools of the gatekeeper and the information necessary for advertisers and publishers to carry out their own independent verification of the ad inventory;


### provide advertisers and publishers , upon their request and free of charge , with access to the performance measuring tools of the gatekeeper and the information necessary for advertisers and publishers to carry out their own independent verification of the ad inventory; ### provide advertisers and publishers and independent third parties mandated by advertisers and publishers , free of charge , with access to the performance measuring tools of the gatekeeper and reliable and granular data necessary for advertisers , publishers and mandated independent third parties to carry out their own independent verification of the ad inventory;


### provide advertisers and publishers , upon their request and free of charge , with access to the performance measuring tools of the gatekeeper and the information necessary for advertisers and publishers to carry out their own independent verification of the ad inventory; ### provide advertisers , publishers and mandated independent third parties , upon their request and free of charge , with access to the performance measuring tools of the gatekeeper and the information in a format necessary for advertisers , publishers and mandated independent third parties , to carry out their own independent verification of the ad inventory , including ranking , query , click and view data and continuous and real-time access via high-quality application programming interfaces to the data necessary for advertisers and publishers to run their own or third-party verification and measurement tools to measure the performance of the gatekeeper’s intermediation services and the performance of an advertisement;


### provide advertisers and publishers , upon their request and free of charge , with access to the performance measuring tools of the gatekeeper and the information necessary for advertisers and publishers to carry out their own independent verification of the ad inventory; ### provide advertisers and publishers , upon their request and free of charge , with access to the performance measuring tools of the gatekeeper , continuous , real-time , high-quality data , including non-aggregated data and the information necessary for advertisers and publishers to carry out their own independent verification of the ad inventory;


### provide effective portability of data generated through the activity of a business user or end user and shall , in particular , provide tools for end users to facilitate the exercise of data portability , in line with regulation eu 2016/679 , including by the provision of continuous and real-time access ; ### provide effective portability of data generated through the activity of a business user or generated by goods and services provided by a supplier of ancillary services notably distribution or an end user and shall , in particular , provide tools for end users to facilitate the exercise of data portability , in line with regulation eu 2016/679 , including by the provision of continuous and real-time access;


### provide effective portability of data generated through the activity of a business user or end user and shall , in particular , provide tools for end users to facilitate the exercise of data portability , in line with regulation eu 2016/679 , including by the provision of continuous and real-time access ; ### provide effective portability of data provided or generated through the activity of a business user or end user and shall , in particular , provide tools , free of charge , to business users and end users to facilitate the exercise of data portability , in line with regulation eu 2016/679 , including by the provision of continuous and real-time access;


### provide effective portability of data generated through the activity of a business user or end user and shall , in particular , provide tools for end users to facilitate the exercise of data portability , in line with regulation eu 2016/679 , including by the provision of continuous and real-time access ; ### provide effective portability of data provided by or generated through the activity of a business user or end user and shall , in particular , provide free of charge tools for end users to facilitate the exercise of the portability of personal data , in line with regulation eu 2016/679 , and of non-personal data , including by the provision of continuous and real-time access;


### provide effective portability of data generated through the activity of a business user or end user and shall , in particular , provide tools for end users to facilitate the exercise of data portability , in line with regulation eu 2016/679 , including by the provision of continuous and real-time access ; ### provide business users and end users or third parties authorised by a business user or end user , free of charge , with effective portability of data provided by the business user or end user or generated through their activity in the context of the use on the relevant core platform service , including by providing tools for business users and end users to facilitate the effective exercise of such data portability , in line with regulation (eu) 2016/679 , and including by the provision of continuous and real-time access;


### provide effective portability of data generated through the activity of a business user or end user and shall , in particular , provide tools for end users to facilitate the exercise of data portability , in line with regulation eu 2016/679 , including by the provision of continuous and real-time access ; ### provide effective portability of data generated through the activity of a business user or generated by goods and services provided by a supplier to the gatekeeper's ancillary service including distribution or end user and shall , in particular , provide tools for end users to facilitate the exercise of data portability , in line with regulation (eu) 2016/679 , including by the provision of continuous and real-time access;


### provide to any third party providers of online search engines , upon their request , with access on fair , reasonable and non-discriminatory terms to ranking , query , click and view data in relation to free and paid search generated by end users on online search engines of the gatekeeper , subject to anonymisation for the query , click and view data that constitutes personal data; ### provide to any third party providers of online search engines , upon their request , with access on fair , reasonable and non-discriminatory terms to ranking , query , click and view data in relation to free and paid search generated by end users on online search engines of the gatekeeper , subject to due safeguards to protect user safety , privacy , trade secrets and intellectual property;


### apply fair and non-discriminatory general conditions of access for business users to its software application store designated pursuant to article 3 of this regulation. ### apply fair and non-discriminatory general conditions of access and usage for business users to its core platform services designated pursuant to article 3 of this regulation.


### apply fair and non-discriminatory general conditions of access for business users to its software application store designated pursuant to article 3 of this regulation. ### apply fair and non-discriminatory general conditions of access and treatment to business users of its core platform service , in particular to business users of its software application store , search engine , online payment service or online social networking service , designated pursuant to article 3 of this regulation;


### apply fair and non-discriminatory general conditions of access for business users to its software application store designated pursuant to article 3 of this regulation. ### apply fair and non-discriminatory general conditions of access and treatment for business users to its core platform services , in particular to its software application store , online search engine and to its online social networking service designated pursuant to article 3 of this regulation.


### apply fair and non-discriminatory general conditions of access for business users to its software application store designated pursuant to article 3 of this regulation. ### apply fair and non-discriminatory general conditions of access for business users to its core platform services designated pursuant to article 3 of this regulation.


### apply fair and non-discriminatory general conditions of access for business users to its software application store designated pursuant to article 3 of this regulation. ### apply fair and non-discriminatory general conditions of access or conditions that are not less favourable than the conditions applied to its own service for business users to its core platform services designated pursuant to article 3 of this regulation.


### apply fair and non-discriminatory general conditions of access for business users to its software application store designated pursuant to article 3 of this regulation. ### apply fair and non-discriminatory general conditions of access for business users to its core platform services , including , inter alia , its software application store designated pursuant to article 3 of this regulation.


### 2. for the purposes of point (a) of paragraph 1 data that is not publicly available shall include any aggregated and non-aggregated data generated by business users that can be inferred from , or collected through , the commercial activities of business users or their customers on the core platform service of the gatekeeper. ### 2. for the purposes of point (a) paragraph 1 , data that is not publicly available shall include any aggregated and non-aggregated data generated by business users or generated by goods and services provided by a supplier to the gatekeeper’s ancillary services notably distribution , that can be inferred from , or collected through , the commercial activities of business users or their customers on the core platform , distribution or other ancillary service of the gatekeeper.


### 2. for the purposes of point (a) of paragraph 1 data that is not publicly available shall include any aggregated and non-aggregated data generated by business users that can be inferred from , or collected through , the commercial activities of business users or their customers on the core platform service of the gatekeeper. ### 2. for the purposes of point (a) of paragraph 1 data that is not publicly available shall include any aggregated and non-aggregated data generated by business users or generated by goods and services provided by a supplier to the gatekeeper’s ancillary services notably distribution , that can be inferred from , or collected through , the commercial activities of business users or their customers on the core platform , distribution or other ancillary service of the gatekeeper.


### 2. for the purposes of point (a) of paragraph 1 data that is not publicly available shall include any aggregated and non-aggregated data generated by business users that can be inferred from , or collected through , the commercial activities of business users or their customers on the core platform service of the gatekeeper. ### 2. for the purposes of point (a) of paragraph 1 data that is not publicly available shall include any aggregated and non-aggregated data generated by business users that can be inferred from , or collected through , the commercial activities of business users or their customers on the core and ancillary (including distribution) platform services of the gatekeeper.


### 2. gatekeepers , undertakings and associations of undertakings concerned may submit their observations to the commission’s preliminary findings within a time limit which shall be fixed by the commission in its preliminary findings and which may not be less than 14 days. ### 2. gatekeepers , undertakings , associations of undertakings concerned , relevant natural and legal third persons with sufficient interested , may submit their observations to the commission’s preliminary findings within a time limit which shall be fixed by the commission in its preliminary findings and which may not be less than 14 days.


### (29) designated gatekeepers should comply with the obligations laid down in this regulation in respect of each of the core platform services listed in the relevant designation decision. the mandatory rules should apply taking into account the conglomerate position of gatekeepers , where applicable. furthermore , implementing measures that the commission may by decision impose on the gatekeeper following a regulatory dialogue should be designed in an effective manner , having regard to the features of core platform services as well as possible circumvention risks and in compliance with the principle of proportionality and the fundamental rights of the undertakings concerned as well as those of third parties. ### (29) designated gatekeepers should comply with the obligations laid down in this regulation in respect of each of the core platform services listed in the relevant designation decision. the mandatory rules should apply taking into account the conglomerate position of gatekeepers and their ecosystem orchestrator power , where applicable. furthermore , implementing measures based on article 36 that the commission may by decision impose on the gatekeeper following a regulatory dialogue should be designed in an effective manner , having regard to the features of core platform services as well as possible circumvention risks and in compliance with the principle of proportionality and the fundamental rights of the undertakings concerned as well as those of third parties.


### (52) gatekeepers may also have a dual role as developers of operating systems and device manufacturers , including any technical functionality that such a device may have. for example , a gatekeeper that is a manufacturer of a device may restrict access to some of the functionalities in this device , such as near-field-communication technology and the software used to operate that technology , which may be required for the effective provision of an ancillary service by the gatekeeper as well as by any potential third party provider of such an ancillary service. such access may equally be required by software applications related to the relevant ancillary services in order to effectively provide similar functionalities as those offered by gatekeepers. if such a dual role is used in a manner that prevents alternative providers of ancillary services or of software applications to have access under equal conditions to the same operating system , hardware or software features that are available or used in the provision by the gatekeeper of any ancillary services , this could significantly undermine innovation by providers of such ancillary services as well as choice for end users of such ancillary services. the gatekeepers should therefore be obliged to ensure access under equal conditions to , and interoperability with , the same operating system , hardware or software features that are available or used in the provision of any ancillary services by the gatekeeper. ### (52) gatekeepers may also have a dual role as developers of operating systems and device manufacturers , including any technical functionality that such a device may have. for example , a gatekeeper that is a manufacturer of a device may restrict access to some of the functionalities in this device , such as near-field-communication technology and the software used to operate that technology , which may be required for the effective provision of an ancillary service by the gatekeeper as well as by any potential third party provider of such an ancillary service. such access may equally be required by software applications related to the relevant ancillary services in order to effectively provide similar functionalities as those offered by gatekeepers. if such a dual role is used in a manner that prevents alternative providers of ancillary services or of software applications to have access under equal conditions to the same operating system , hardware such as , for example , near-field-communication technology , or software features such as , for example , biometric identity readers , including fingerprint and face recognition scanners that are available or used in the provision by the gatekeeper of any ancillary services , this could significantly undermine innovation by providers of such ancillary services as well as choice for end users of such ancillary services. the gatekeepers should therefore be obliged to ensure access under equal conditions to , and interoperability with , the same operating system , hardware or software features that are available or used in the provision of any ancillary services by the gatekeeper. access under equal conditions is understood as of a technical , legal , economic , or any other nature.


### (52) gatekeepers may also have a dual role as developers of operating systems and device manufacturers , including any technical functionality that such a device may have. for example , a gatekeeper that is a manufacturer of a device may restrict access to some of the functionalities in this device , such as near-field-communication technology and the software used to operate that technology , which may be required for the effective provision of an ancillary service by the gatekeeper as well as by any potential third party provider of such an ancillary service. such access may equally be required by software applications related to the relevant ancillary services in order to effectively provide similar functionalities as those offered by gatekeepers. if such a dual role is used in a manner that prevents alternative providers of ancillary services or of software applications to have access under equal conditions to the same operating system , hardware or software features that are available or used in the provision by the gatekeeper of any ancillary services , this could significantly undermine innovation by providers of such ancillary services as well as choice for end users of such ancillary services. the gatekeepers should therefore be obliged to ensure access under equal conditions to , and interoperability with , the same operating system , hardware or software features that are available or used in the provision of any ancillary services by the gatekeeper. ### (52) gatekeepers may also have a dual role as developers of operating systems and device manufacturers , including any technical functionality that such a device may have. for example , a gatekeeper that is a manufacturer of a device may restrict access to some of the functionalities in this device , such as near-field-communication technology and the software used to operate that technology , which may be required for the effective provision of an ancillary service by the gatekeeper as well as by any potential third party provider of such an ancillary service. such access may equally be required by software applications related to the relevant ancillary services in order to effectively provide similar functionalities as those offered by gatekeepers. if such a dual role is used in a manner that prevents alternative providers of ancillary services or of software applications to have access under equal conditions to the same operating system , hardware or software features that are available or used in the provision by the gatekeeper of any ancillary services , this could significantly undermine innovation by providers of such ancillary services as well as choice for end users of such ancillary services. the gatekeepers should therefore be obliged to ensure access under equal conditions to , and interoperability with , the same operating system , hardware or software features that are available or used in the provision of any ancillary services by the gatekeeper. providing such access should not compromise efforts of the gatekeeper to protect user safety , data protection or the functionality of the hardware.


### (52) gatekeepers may also have a dual role as developers of operating systems and device manufacturers , including any technical functionality that such a device may have. for example , a gatekeeper that is a manufacturer of a device may restrict access to some of the functionalities in this device , such as near-field-communication technology and the software used to operate that technology , which may be required for the effective provision of an ancillary service by the gatekeeper as well as by any potential third party provider of such an ancillary service. such access may equally be required by software applications related to the relevant ancillary services in order to effectively provide similar functionalities as those offered by gatekeepers. if such a dual role is used in a manner that prevents alternative providers of ancillary services or of software applications to have access under equal conditions to the same operating system , hardware or software features that are available or used in the provision by the gatekeeper of any ancillary services , this could significantly undermine innovation by providers of such ancillary services as well as choice for end users of such ancillary services. the gatekeepers should therefore be obliged to ensure access under equal conditions to , and interoperability with , the same operating system , hardware or software features that are available or used in the provision of any ancillary services by the gatekeeper. ### (52) gatekeepers may also have a dual role as developers of operating systems and device manufacturers , including any technical functionality that such a device may have. for example , a gatekeeper that is a manufacturer of a device may restrict access to some of the functionalities in this device , such as near-field-communication technology and the software used to operate that technology , which may be required for the effective provision of an ancillary service by the gatekeeper as well as by any potential third party provider of such an ancillary service. such access may be required by software applications related to the relevant ancillary services in order to effectively provide similar functionalities as those offered by gatekeepers. should there be no alternative ways to reach end users and if such a dual role is used in a manner that prevents alternative providers of ancillary services or of software applications to have equivalent access to operating system , hardware or software features that are available or used in the provision by the gatekeeper of any ancillary services , this could significantly undermine innovation by providers of such ancillary services as well as choice for end users of such ancillary services. the gatekeepers should therefore be obliged to ensure equivalent access to , and interoperability with , operating system , hardware or software features that are available or used in the provision of any ancillary services by the gatekeeper. providing such access should not undermine the capacity of the gatekeeper to protect user.


### (52) gatekeepers may also have a dual role as developers of operating systems and device manufacturers , including any technical functionality that such a device may have. for example , a gatekeeper that is a manufacturer of a device may restrict access to some of the functionalities in this device , such as near-field-communication technology and the software used to operate that technology , which may be required for the effective provision of an ancillary service by the gatekeeper as well as by any potential third party provider of such an ancillary service. such access may equally be required by software applications related to the relevant ancillary services in order to effectively provide similar functionalities as those offered by gatekeepers. if such a dual role is used in a manner that prevents alternative providers of ancillary services or of software applications to have access under equal conditions to the same operating system , hardware or software features that are available or used in the provision by the gatekeeper of any ancillary services , this could significantly undermine innovation by providers of such ancillary services as well as choice for end users of such ancillary services. the gatekeepers should therefore be obliged to ensure access under equal conditions to , and interoperability with , the same operating system , hardware or software features that are available or used in the provision of any ancillary services by the gatekeeper. ### (52) gatekeepers may also have a dual role as developers of operating systems and device manufacturers , including any technical functionality that such a device may have. for example , a gatekeeper that is a manufacturer of a device may restrict access to some of the functionalities in this device , such as near-field-communication technology and the software used to operate that technology , which may be required for the effective provision of an ancillary service by the gatekeeper as well as by any potential third party provider of such an ancillary service. such access may equally be required by software applications related to the relevant ancillary services in order to effectively provide similar functionalities as those offered by gatekeepers. if such a dual role is used in a manner that prevents alternative providers of ancillary services or of software applications to have access under equal conditions to the same operating system , hardware or software features that are available or used in the provision by the gatekeeper of any ancillary services , this could significantly undermine innovation by providers of such ancillary services as well as choice for end users of such ancillary services. the gatekeepers should therefore be obliged to ensure access under equal conditions and free of charge to , and interoperability with , the same operating system , hardware or software features that are available or used in the provision of any ancillary services by the gatekeeper.


### 5. member states shall not impose on gatekeepers further obligations by way of laws , regulations or administrative action for the purpose of ensuring contestable and fair markets. this is without prejudice to rules pursuing other legitimate public interests , in compliance with union law. in particular , nothing in this regulation precludes member states from imposing obligations , which are compatible with union law , on undertakings , including providers of core platform services where these obligations are unrelated to the relevant undertakings having a status of gatekeeper within the meaning of this regulation in order to protect consumers or to fight against acts of unfair competition. ### 5. member states shall not impose on gatekeepers further obligations by way of laws , regulations or administrative action for the purpose of ensuring contestable and fair markets. this is without prejudice to rules pursuing other legitimate public interests , in compliance with union law. in particular , nothing in this regulation precludes member states from imposing obligations , which pursue a legitimate public interest , on undertakings , including providers of core platform services.


### advertising services , including any advertising networks , advertising exchanges and any other advertising intermediation services , provided by a provider of any of the core platform services listed in points (a) to (g); ### online advertising services , including any advertising networks , advertising exchanges and any other advertising intermediation services , provided by a provider of any of the core platform services listed in points (a) to (g);


### advertising services , including any advertising networks , advertising exchanges and any other advertising intermediation services , provided by a provider of any of the core platform services listed in points (a) to (g); ### advertising services , including any advertising networks , advertising exchanges and any other advertising intermediation services , provided by a provider of any of the core platform services listed in points (a) to (g) or a provider controlled by an undertaking controlling a provider of any of the core platform services listed in points (a) to (g);


### 1. a provider of core platform services shall be designated as gatekeeper if: ### 1. an undertaking that provides core platform services shall be designated as gatekeeper if:


### the requirement in paragraph 1 point (c) where the thresholds in point (b) were met in each of the last three financial years. ### the requirement in paragraph 1 point (c) where the thresholds in point (b) were met in each of the last two financial years.


### in conducting its assessment , the commission shall take into account foreseeable developments of these elements. ### in conducting its assessment , the commission shall take into account foreseeable developments , as evaluated at least in the short term , of these elements.


### in conducting its assessment , the commission shall take into account foreseeable developments of these elements. ### deleted


### 4. where the commission requires undertakings and associations of undertakings to supply information by decision , it shall state the purpose of the request , specify what information is required and fix the time-limit within which it is to be provided. where the commission requires undertakings to provide access to its data-bases and algorithms , it shall state the legal basis and the purpose of the request , and fix the time-limit within which it is to be provided. it shall also indicate the penalties provided for in article 26 and indicate or impose the periodic penalty payments provided for in article 27. it shall further indicate the right to have the decision reviewed by the court of justice. ### 4. where the commission requires undertakings and associations of undertakings to supply information by decision , it shall state the purpose of the request , specify what information is required and fix the time-limit within which it is to be provided. where the commission requires undertakings to provide access to its data-bases and algorithms , it shall state the legal basis and the purpose of the request , specify what information is required and fix the time-limit within which it is to be provided. it shall also indicate the penalties provided for in article 26 and indicate or impose the periodic penalty payments provided for in article 27. it shall further indicate the right to have the decision reviewed by the court of justice.


### the financial liability of each undertaking in respect of the payment of the fine shall not exceed 10 % of its total turnover in the preceding financial year. ### the financial liability of each undertaking in respect of the payment of the fine shall not exceed 30 % of its total turnover in the preceding financial year.


### online intermediation services; ### online intermediation services including digital voice assistants;


### (12) ‘software application stores’ means a type of online intermediation services , which is focused on software applications as the intermediated product or service; ### (12) ‘software application stores’ means any digital service , which is focused on software applications as the intermediated product or service;


### where the gatekeeper presents such sufficiently substantiated arguments to demonstrate that it does not satisfy the requirements of paragraph 1 , the commission shall apply paragraph 6 to assess whether the criteria in paragraph 1 are met. ### deleted


### where the gatekeeper presents such sufficiently substantiated arguments to demonstrate that it does not satisfy the requirements of paragraph 1 , the commission shall apply paragraph 6 to assess whether the criteria in paragraph 1 are met. ### where the gatekeeper presents such compelling substantiated arguments to demonstrate that it does not satisfy the requirements of paragraph 1 , the commission shall apply paragraph 6 to assess whether the criteria in paragraph 1 are met.


### business user or end user lock-in; ### business user or end user lock-in , including in terms of the limiting of option rights;


### business user or end user lock-in; ### business user or end user lock-in and their ability to user similar services simultaneously;


### 4. in view of adopting the decision under paragraph 2 , the commission shall communicate its preliminary findings within three months from the opening of the proceedings. in the preliminary findings , the commission shall explain the measures it considers to take or it considers that the provider of core platform services concerned should take in order to effectively address the preliminary findings. ### 4. in view of adopting the decision under paragraph 2 , the commission shall communicate its preliminary findings within three months from the opening of the proceedings. in the preliminary findings , the commission shall explain the measures it considers to take or it considers that the provider of core platform services concerned should take in order to effectively address the preliminary findings , taking into account the issues discussed during the regulatory dialogue.


### 4. in view of adopting the decision under paragraph 2 , the commission shall communicate its preliminary findings within three months from the opening of the proceedings. in the preliminary findings , the commission shall explain the measures it considers to take or it considers that the provider of core platform services concerned should take in order to effectively address the preliminary findings. ### 4. in view of adopting the decision under paragraph 2 , the commission shall communicate its preliminary findings within two months from the opening of the proceedings. in the preliminary findings , the commission shall explain the measures it considers to take or it considers that the provider of core platform services concerned should take in order to effectively address the preliminary findings.


### 3. the commission may , acting on a reasoned request by a gatekeeper , 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 , 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.


### 5. the commission shall communicate its objections to the gatekeeper concerned within six months from the opening of the investigation. in its objections , the commission shall explain whether it preliminarily considers that the conditions of paragraph 1 are met and which remedy or remedies it preliminarily considers necessary and proportionate. ### 5. the commission shall communicate its objections to the gatekeeper concerned within four months from the opening of the investigation. in its objections , the commission shall explain whether it preliminarily considers that the conditions of paragraph 1 are met and which remedy or remedies it preliminarily considers effective , necessary and proportionate.


### 5. the commission shall communicate its objections to the gatekeeper concerned within six months from the opening of the investigation. in its objections , the commission shall explain whether it preliminarily considers that the conditions of paragraph 1 are met and which remedy or remedies it preliminarily considers necessary and proportionate. ### 5. the commission shall communicate its objections to the gatekeeper concerned within four months from the opening of the investigation. in its objections , the commission shall explain whether it preliminarily considers that the conditions of paragraph 1 are met and which remedy or remedies it preliminarily considers effective and necessary.


### 2. the actions pursuant to paragraph 1 may include the appointment of independent external experts and auditors to assist the commission to monitor the obligations and measures and to provide specific expertise or knowledge to the commission. ### 2. the actions pursuant to paragraph 1 may include the appointment of independent external experts and auditors to assist the commission to monitor the obligations and measures and to provide specific expertise or knowledge to the commission. these external experts and auditors should have no contractual relations during the 12 months preceding the appointment by the commission with the undertaking providing the core platform services referred to in paragraph 1.


### 2. the actions pursuant to paragraph 1 may include the appointment of independent external experts and auditors to assist the commission to monitor the obligations and measures and to provide specific expertise or knowledge to the commission. ### 2. the actions pursuant to paragraph 1 may include the appointment of independent external experts and auditors to assist the commission to monitor the obligations and measures and to provide specific expertise or knowledge to the commission. these external experts and auditors shall have no contractual relations during the 12 months preceding the appointment by the commission with the undertaking providing the core platform services referred to in paragraph 1.


### 2. the actions pursuant to paragraph 1 may include the appointment of independent external experts and auditors to assist the commission to monitor the obligations and measures and to provide specific expertise or knowledge to the commission. ### 2. the actions pursuant to paragraph 1 may include the appointment of independent external experts and auditors , including from competent independent national authorities to assist the commission to monitor the obligations and measures and to provide specific expertise or knowledge to the commission.


### periodic penalty payments ### penalty payments


### 1. the commission may adopt implementing acts concerning: 3 , 6 , 12 , 13 , 15 , 16 , 17 , 20 , 22 , 23 , 25 and 30 ### 1. the commission may adopt implementing acts concerning: 3 , 5 , 6 , 12 , 13 , 15 , 16 , 17 , 20 , 22 , 23 , 25 and 30


### 1. by dd/mm/yyyy , and subsequently every three years , the commission shall evaluate this regulation and report to the european parliament , the council and the european economic and social committee. ### 1. by three years after the date of application of this regulation , and subsequently every three years , the commission shall evaluate this regulation and report to the european parliament , the council and the european economic and social committee.


### (5) it follows that the market processes are often incapable of ensuring fair economic outcomes with regard to core platform services. whereas articles 101 and 102 tfeu remain applicable to the conduct of gatekeepers , their scope is limited to certain instances of market power (e.g. dominance on specific markets) and of anti-competitive behaviour , while enforcement occurs ex post and requires an extensive investigation of often very complex facts on a case by case basis. moreover , existing union law does not address , or does not address effectively , the identified challenges to the well-functioning of the internal market posed by the conduct of gatekeepers , which are not necessarily dominant in competition-law terms. ### (5) it follows that the market processes and ex-post competition law are often incapable of ensuring fair economic outcomes with regard to core platform services. whereas articles 101 and 102 tfeu remain applicable to the conduct of gatekeepers , their scope is limited to certain instances of market power (e.g. dominance on specific markets) and of anti-competitive behaviour , while enforcement occurs ex post and requires an extensive investigation of often very complex facts on a case by case basis. moreover , existing union law does not address , or does not address effectively , the identified challenges to the well-functioning of the internal market posed by the conduct of gatekeepers , which are not necessarily dominant in competition-law terms.


### (18) a sustained market capitalisation of the provider of core platform services at or above the threshold level over three or more years should be considered as strengthening the presumption that the provider of core platform services has a significant impact on the internal market. ### (18) a sustained market capitalisation of the provider of core platform services at or above the threshold level over three or more years should be considered as strengthening the presumption that the provider of core platform services has a significant impact on the internal market , generating at least a potential effect as regards influencing end user options.


### (23) providers of core platform services which meet the quantitative thresholds but are able to present sufficiently substantiated arguments to demonstrate that , in the circumstances in which the relevant core platform service operates , they do not fulfil the objective requirements for a gatekeeper , should not be designated directly , but only subject to a further investigation. the burden of adducing evidence that the presumption deriving from the fulfilment of quantitative thresholds should not apply to a specific provider should be borne by that provider in its assessment , the commission should take into account only the elements which directly relate to the requirements for constituting a gatekeeper , namely whether it is an important gateway which is operated by a provider with a significant impact in the internal market with an entrenched and durable position , either actual or foreseeable. any justification on economic grounds seeking to demonstrate efficiencies deriving from a specific type of behaviour by the provider of core platform services should be discarded , as it is not relevant to the designation as a gatekeeper. the commission should be able to take a decision by relying on the quantitative thresholds where the provider significantly obstructs the investigation by failing to comply with the investigative measures taken by the commission. ### (23) providers of core platform services which meet the quantitative thresholds but are able to present sufficiently substantiated arguments to demonstrate that , in the circumstances in which the relevant core platform service operates , they do not fulfil the objective requirements for a gatekeeper , should not be designated directly , but only subject to a further investigation. the burden of adducing evidence that the presumption deriving from the fulfilment of quantitative thresholds should not apply to a specific provider should be borne by that provider in its assessment , the commission should take into account only the elements which directly relate to the requirements for constituting a gatekeeper , namely whether it is an important gateway which is operated by a provider with a significant impact in the internal market with an entrenched and durable position , either actual or foreseeable. any justification on economic grounds seeking to demonstrate efficiencies deriving from a specific type of behaviour by the provider of core platform services should therefore not be admitted , as it is not relevant to the designation as a gatekeeper. the commission should be able to take a decision by relying on the quantitative thresholds where the provider significantly obstructs the investigation by failing to comply with the investigative measures taken by the commission.


### (64) the commission should investigate and assess whether additional behavioural , or , where appropriate , structural remedies are justified , in order to ensure that the gatekeeper cannot frustrate the objectives of this regulation by systematic non-compliance with one or several of the obligations laid down in this regulation , which has further strengthened its gatekeeper position. this would be the case if the gatekeeper’s size in the internal market has further increased , economic dependency of business users and end users on the gatekeeper’s core platform services has further strengthened as their number has further increased and the gatekeeper benefits from increased entrenchment of its position. the commission should therefore in such cases have the power to impose any remedy , whether behavioural or structural , having due regard to the principle of proportionality. structural remedies , such as legal , functional or structural separation , including the divestiture of a business , or parts of it , should only be imposed either where there is no equally effective behavioural remedy or where any equally effective behavioural remedy would be more burdensome for the undertaking concerned than the structural remedy. changes to the structure of an undertaking as it existed before the systematic non-compliance was established would only be proportionate where there is a substantial risk that this systematic non-compliance results from the very structure of the undertaking concerned. ### (64) the commission should investigate and assess whether additional behavioural , or , where appropriate , structural remedies are justified , in order to ensure that the gatekeeper cannot frustrate the objectives of this regulation by systematically not complying with one or several of the obligations laid down in this regulation. the commission should therefore in such cases of systematic non-compliance have the power to impose any remedy , whether behavioural or structural , that is necessary to ensure effective compliance with this regulation.


### (16) in order to ensure the effective application of this regulation to providers of core platform services which are most likely to satisfy these objective requirements , and where unfair conduct weakening contestability is most prevalent and impactful , the commission should be able to directly designate as gatekeepers those providers of core platform services which meet certain quantitative thresholds. such undertakings should in any event be subject to a fast designation process which should start upon the entry into force of this regulation. ### (16) in order to ensure the effective application of this regulation to providers of core platform services which are most likely to satisfy these objective requirements , and where unfair conduct weakening contestability is most prevalent and impactful , the commission should be able to directly designate as gatekeepers those providers of core platform services which meet certain quantitative thresholds. such undertakings should in any event be subject to a fast designation process which should start upon the entry into force of this regulation. the turnover and market value-based threshold should refer to the whole undertaking , while the user-based threshold should apply separately for , and only to , each type of core platform service rendered by a provider within an undertaking. provisions in chapter iv and chapter v should refer to the whole undertaking controlling the gatekeeper for the sake of enforcement.


### (24) provision should also be made for the assessment of the gatekeeper role of providers of core platform services which do not satisfy all of the quantitative thresholds , in light of the overall objective requirements that they have a significant impact on the internal market , act as an important gateway for business users to reach end users and benefit from a durable and entrenched position in their operations or it is foreseeable that it will do so in the near future. ### (24) provision should also be made for the assessment of the gatekeeper role of providers of core platform services which do not satisfy all of the quantitative thresholds , in light of the overall objective requirements that they have a significant impact on the internal market , act as an important gateway for business users to reach end users and benefit from a durable and entrenched position in their operations.


### (63) following a market investigation , an undertaking providing a core platform service could be found to fulfil all of the overarching qualitative criteria for being identified as a gatekeeper. it should then , in principle , comply with all of the relevant obligations laid down by this regulation. however , for gatekeepers that have been designated by the commission as likely to enjoy an entrenched and durable position in the near future , the commission should only impose those obligations that are necessary and appropriate to prevent that the gatekeeper concerned achieves an entrenched and durable position in its operations. with respect to such emerging gatekeepers , the commission should take into account that this status is in principle of a temporary nature , and it should therefore be decided at a given moment whether such a provider of core platform services should be subjected to the full set of gatekeeper obligations because it has acquired an entrenched and durable position , or conditions for designation are ultimately not met and therefore all previously imposed obligations should be waived. ### (63) following a market investigation , an undertaking providing a core platform service could be found to fulfil all of the overarching qualitative criteria for being identified as a gatekeeper. it should then , in principle , comply with all of the relevant obligations laid down by this regulation.


### 4. a gatekeeper shall be deemed to have further strengthened or extended its gatekeeper position in relation to the characteristics under article 3(1) , where its impact on the internal market has further increased , its importance as a gateway for business users to reach end users has further increased or the gatekeeper enjoys a further entrenched and durable position in its operations. ### deleted


### 2. the commission may , upon request or on its own initiative , reopen by decision the relevant proceedings , where: ### 2. the commission may , upon request by one or more national competent authorities or on its own initiative , reopen by decision the relevant proceedings , where:


### monitoring of obligations and measures ### reporting and monitoring of obligations and measures


### 1. the power of the commission to enforce decisions taken pursuant to articles 26 and 27 shall be subject to a limitation period of five years. ### 1. the power of the commission to enforce decisions taken pursuant to articles 26 and 27 shall be subject to a limitation period of seven years.


### 2. the evaluations shall establish whether additional rules , including regarding the list of core platform services laid down in point 2 of article 2 , the obligations laid down in articles 5 and 6 and their enforcement , may be required to ensure that digital markets across the union are contestable and fair. following the evaluations , the commission shall take appropriate measures , which may include legislative proposals. ### 2. the evaluations shall:


### (10) ‘operating system’ means a system software which controls the basic functions of the hardware or software and enables software applications to run on it; ### (10) "operating system" means a system software which controls the basic functions of any hardware that is capable of being connected to the internet or software and enables software applications to run on it , including for static and mobile devices , televisions , wearable or in-car infotainment systems;


### (10) ‘operating system’ means a system software which controls the basic functions of the hardware or software and enables software applications to run on it; ### (10) ‘operating system’ means software which inter alia , handles the interface to peripheral hardware , schedules tasks , allocates storage , and presents a default interface to the user when no application program is running including a graphical user interface , regardless of whether such software is an integral part of consumer general purpose computer hardware , or constitutes free-standing software intended to be run on consumer general purpose computer hardware , but excluding an operating system loader , basic input/output system , or other firmware required at boot time or when installing the operating system;


### (10) ‘operating system’ means a system software which controls the basic functions of the hardware or software and enables software applications to run on it; ### (10) ‘operating system’ means a system software which controls the basic functions of any hardware that is capable of being connected to the internet or software and enables software applications to run on it , including for stationary and mobile devices , televisions or wearables;


### 4. the commission shall , without undue delay and at the latest 60 days after receiving the complete information referred to in paragraph 3 , designate the provider of core platform services that meets all the thresholds of paragraph 2 as a gatekeeper , unless that provider , with its notification , presents sufficiently substantiated arguments to demonstrate that , in the circumstances in which the relevant core platform service operates , and taking into account the elements listed in paragraph 6 , the provider does not satisfy the requirements of paragraph 1. ### 4. the commission shall , without undue delay and at the latest 60 days after receiving the complete information referred to in paragraph 3 , designate the provider of core platform services that meets all the thresholds of paragraph 1 and 2 as a gatekeeper.


### 4. the commission shall , without undue delay and at the latest 60 days after receiving the complete information referred to in paragraph 3 , designate the provider of core platform services that meets all the thresholds of paragraph 2 as a gatekeeper , unless that provider , with its notification , presents sufficiently substantiated arguments to demonstrate that , in the circumstances in which the relevant core platform service operates , and taking into account the elements listed in paragraph 6 , the provider does not satisfy the requirements of paragraph 1. ### 4. the commission shall , without undue delay and at the latest 60 days after receiving the complete information referred to in paragraph 3 , shall adopt a decision to designate the provider of core platform services that meets all the thresholds of paragraph 2 , unless that provider , with its notification , presents sufficiently substantiated arguments to demonstrate that , in the circumstances in which the relevant core platform service operates , and taking into account the elements listed in paragraph 6 , the provider does not satisfy the requirements of paragraph 1.


### 4. the commission shall , without undue delay and at the latest 60 days after receiving the complete information referred to in paragraph 3 , designate the provider of core platform services that meets all the thresholds of paragraph 2 as a gatekeeper , unless that provider , with its notification , presents sufficiently substantiated arguments to demonstrate that , in the circumstances in which the relevant core platform service operates , and taking into account the elements listed in paragraph 6 , the provider does not satisfy the requirements of paragraph 1. ### 4. the commission shall , without undue delay and at the latest 40 days after receiving the complete information referred to in paragraph 3 , designate the provider of core platform services that meets all the thresholds of paragraph 2 as a gatekeeper , unless that provider , with its notification , presents sufficiently substantiated arguments to demonstrate that , in the circumstances in which the relevant core platform service operates , and taking into account the elements listed in paragraph 6 , the provider does not satisfy the requirements of paragraph 1.


### 4. the commission shall , without undue delay and at the latest 60 days after receiving the complete information referred to in paragraph 3 , designate the provider of core platform services that meets all the thresholds of paragraph 2 as a gatekeeper , unless that provider , with its notification , presents sufficiently substantiated arguments to demonstrate that , in the circumstances in which the relevant core platform service operates , and taking into account the elements listed in paragraph 6 , the provider does not satisfy the requirements of paragraph 1. ### 4. the commission shall , without undue delay and at the latest 60 days after receiving the complete information referred to in paragraph 3 , adopt a decision to designate the provider of core platform services in accordance with the definitions of article 2 and that meets all the thresholds of paragraph 2 as a gatekeeper , unless that provider , with its notification , presents compelling substantiated arguments to demonstrate that , in the circumstances in which the relevant core platform service operates , and taking into account the elements listed in paragraph 6 , the provider does not satisfy the requirements of paragraph 1. commission's gatekeeper designation decision shall specify which obligations from article 5 and 6 are technically adequate and necessary to comply with paragraph 1 of article 1 , for the specific core platform service and binding for the designated gatekeeper.


### the size , including turnover and market capitalisation , operations and position of the provider of core platform services; ### the size , including turnover and market capitalisation , operations and position of the provider of core platform services , as well as their share of the market relevant to their core platform services;


### the number of business users depending on the core platform service to reach end users and the number of end users; ### the number of business users depending on the core platform service to reach end users and the number of end users and the availability of alternative ways for business users to reach end-users;


### (13) ‘software application’ means any digital product or service that runs on an operating system; ### (13) ‘software application’ means any digital product or service that runs on an operating system or is provided through cloud services as defined in the present regulation;


### (76) in order to ensure uniform conditions for the implementation of articles 3 , 6 , 12 , 13 , 15 , 16 , 17 , 20 , 22 , 23 , 25 and 30 , implementing powers should be conferred on the commission. those powers should be exercised in accordance with regulation (eu) no 182//2011 of the european parliament and of the council35 . ### (76) in order to ensure uniform conditions for the implementation of articles 3 , 5 , 6 , 12 , 13 , 15 , 16 , 17 , 20 , 22 , 23 , 25 and 30 , implementing powers should be conferred on the commission. those powers should be exercised in accordance with regulation (eu) no 182//2011 of the european parliament and of the council35.


### related to electronic communications services as defined in point (4) of article 2 of directive (eu) 2018/1972 other than those related to interpersonal communication services as defined in point (4)(b) of article 2 of that directive. ### related to electronic communications services as defined in point (4) of article 2 of directive (eu) 2018/1972 other than those related to number-independent interpersonal communication services as defined in point (7) of article 2 of that directive.


### (9) ‘number-independent interpersonal communications service’ means a service as defined in point 7 of article 2 of directive (eu) 2018/1972; ### (9) ‘number-independent interpersonal communications service’ means a service as defined in point 7 of article 2 of directive (eu) 2018/1972 , including interpersonal communications services using publicly assigned numbering resources , namely , a number or numbers in national or international numbering plans , for the purpose of identifying users and which enable communication with a number or numbers in national or international numbering plans other than instant voice communication;


### article 11 ### deleted


### 2. where the undertakings have satisfied the obligation which the periodic penalty payment was intended to enforce , the commission may by decision adopted in accordance with the advisory procedure referred to in article 32(4) set the definitive amount of the periodic penalty payment at a figure lower than that which would arise under the original decision. ### 2. where the undertakings have satisfied the obligation which the periodic penalty payment was intended to enforce , the commission may by decision adopted in accordance with the advisory procedure referred to in article 32(4) set the definitive amount of the periodic penalty payment.


### (9) however , small or micro entities fulfilling certain criteria that indicate a key role for the economies or societies of member states or for particular sectors or types of services , should also be covered by this directive. member states should be responsible for establishing a list of such entities , and submit it to the commission. ### (9) however , small or micro entities fulfilling certain criteria that indicate a key role for the economies or societies of member states or for particular sectors or types of services , should also be covered by this directive. member states should be responsible for establishing a list of such entities , and submit it to the commission. the commission should provide clear guidance on the criteria establishing which smes would be critical or important , especially for sme's who provide services in multiple member states.


### (9) however , small or micro entities fulfilling certain criteria that indicate a key role for the economies or societies of member states or for particular sectors or types of services , should also be covered by this directive. member states should be responsible for establishing a list of such entities , and submit it to the commission. ### (9) however , small or micro entities fulfilling certain criteria that indicate a key role for the economies or societies of member states or for particular sectors or types of services , should also be covered by this directive. member states should be responsible for establishing a list of such entities , and submit it to the commission. this exercise shall be carried out with full understanding of the specificity of sme business activity , and shall not place excessive administrative burden on them.


### (10) the commission , in cooperation with the cooperation group , may issue guidelines on the implementation of the criteria applicable to micro and small enterprises. ### (10) the commission , in cooperation with the cooperation group , may issue guidelines on the implementation of the criteria applicable to micro and small enterprises. relevant information materials shall be prepared and distributed by the commission with the support of member states , as well as appropriate guidance should be given to all micro , small and medium enterprises falling within the scope of this directive.


### (11) depending on the sector in which they operate or the type of service they provide , the entities falling within the scope of this directive should be classified into two categories: essential and important. that categorisation should take into account the level of criticality of the sector or of the type of service , as well as the level of dependency of other sectors or types of services. both essential and important entities should be subject to the same risk management requirements and reporting obligations. the supervisory and penalty regimes between these two categories of entities should be differentiated to ensure a fair balance between requirements and obligations on one hand , and the administrative burden stemming from the supervision of compliance on the other hand. ### (11) depending on the sector in which they operate or the type of service they provide , the entities falling within the scope of this directive should be classified into two categories: essential and important. that categorisation should take into account the level of criticality of the sector or of the type of service , as well as the level of dependency of other sectors or types of services. important entities should be subject to lighter reporting obligations , and longer timelines to reflect the complexity of forensics. the supervisory and penalty regimes between these two categories of entities should be differentiated to ensure a fair balance between requirements and obligations on one hand , and the administrative burden stemming from the supervision of compliance on the other hand.