### ensure that ict products and services are provided with up to date software that does not contain known vulnerabilities , and are provided mechanisms for secure software updates . ### facilitate that ict products and services are provided with up to date software and hardware , that there are adequate and timely updates fixing known vulnerabilities , and are provided mechanisms for secure software and hardware updates .


### without prejudice to paragraph 3 , national cybersecurity certification schemes and the related procedures for the ict products and services covered by a european cybersecurity certification scheme shall cease to produce effects from the date established in the implementing act adopted pursuant article 44 . existing national cybersecurity certification schemes and the related procedures for the ict products and services not covered by a european cybersecurity certification scheme shall continue to exist . ### without prejudice to paragraph 3 , national cybersecurity certification schemes and the related procedures for the ict products , processes and services covered by a european cybersecurity certification scheme shall cease to produce effects from the date established in the implementing act adopted pursuant article 44 . existing national cybersecurity certification schemes and the related procedures for the ict products , processes and services not covered by a european cybersecurity certification scheme shall continue to exist . maintenance processes with minor updates shall not invalidate the certification .


### a european cybersecurity certification scheme may specify one or more of the following assurance levels : basic , substantial and / or high , for ict products and services issued under that scheme . ### a european cybersecurity certification scheme may specify one or more of the following risk - based assurance levels according to the context and intended use of the following ict products , processes , systems and services : basic , substantial and / or high .


### the management board , acting on a proposal by the executive director , shall set up a permanent stakeholders ' group composed of recognised experts representing the relevant stakeholders , such as the ict industry , providers of electronic communications networks or services available to the public , consumer groups , academic experts in the cybersecurity , and representatives of competent authorities notified under [ directive establishing the european electronic communications code ] as well as of law enforcement and data protection supervisory authorities . ### the management board shall set up a permanent stakeholders group per scheme that is composed of recognised experts representing relevant stakeholders . such as the ict users and providers , associations of small and medium - sized enterprises , providers and users&#160 ; of electronic communications networks or services available to the public , consumer groups and associations , academic experts in the cybersecurity , the european standardisation organisations , as defined in point of article 2 of regulation no 1025 / 2012 , the relevant sectoral union agencies and bodies , and representatives of competent authorities notified under [ directive establishing the european electronic communications code ] as well as of law enforcement and data protection supervisory authorities .


### when preparing candidate schemes referred to in paragraph 1 of this article , enisa shall consult all relevant stakeholders and closely cooperate with the group . the group shall provide enisa with the assistance and expert advice required by enisa in relation to the preparation of the candidate scheme , including by providing opinions where necessary . ### when preparing the first draft referred to in paragraph 1 of this article , eso shall consult all relevant stakeholders and closely cooperate with the group . the group shall provide eso with the assistance and expert advice required by eso in relation to the preparation of the candidate scheme , including by providing opinions where necessary .


### the agency shall promote a high level of awareness of citizens and businesses on issues related to the cybersecurity . ### the agency shall promote a high level of cyber hygiene and awareness of citizens and businesses on issues related to the cybersecurity .


### the use of network and information systems by citizens , businesses and governments across the union is now pervasive . digitisation and connectivity are becoming core features in an ever growing number of products and services and with the advent of the internet of things millions , if not billions , of connected digital devices are expected to be deployed across the eu during the next decade . while an increasing number of devices are connected to the internet , security and resilience are not sufficiently built in by design , leading to insufficient cybersecurity . in this context , the limited use of certification leads to insufficient information for organisational and individual users about the cybersecurity features of ict products and services , undermining trust in digital solutions . ### the use of network and information systems by citizens , businesses and governments across the union is now pervasive . digitisation and connectivity are becoming core features in an ever growing number of products and services and with the advent of the internet of things millions , if not billions , of connected digital devices are expected to be deployed across the eu during the next decade . while an increasing number of devices are connected to the internet , security and resilience are not sufficiently built in by design , leading to insufficient cybersecurity . in this context , the limited use of certification leads to insufficient information for organisational and individual users about the cybersecurity features of ict products , processes and services , undermining trust in digital solutions . this ambition is at the heart of the european commission’s reform agenda to achieve a digital single market as ict networks provide the backbone for digital products and services which have the potential to support all aspects of our lives and drive europe’s economic growth . to ensure that the objectives of the digital single market are fully achieved the essential technology building blocks on which important areas such as ehealth , iot , artificial intelligence , quantum technology as well as intelligent transport system and advanced manufacturing rely must be in place .


### ict products and services that have been certified under a european cybersecurity certification scheme adopted pursuant to article 44 shall be presumed to be compliant with the requirements of such scheme . ### ict products , processes&#160 ; and services that have been certified under a european cybersecurity certification scheme adopted pursuant to article 44 shall be presumed to be compliant with the requirements of such scheme .


### the purpose of european cybersecurity certification schemes should be to ensure that ict products and services certified under such a scheme comply with specified requirements . such requirements concern the ability to resist , at a given level of assurance , actions that aim to compromise the availability , authenticity , integrity and confidentiality of stored or transmitted or processed data or the related functions of or services offered by , or accessible via those products , processes , services and systems within the meaning of this regulation . it is not possible to set out in detail in this regulation the cybersecurity requirements relating to all ict products and services . ict products and services and related cybersecurity needs are so diverse that it is very difficult to come up with general cybersecurity requirements valid across the board . it is , therefore necessary to adopt a broad and general notion of cybersecurity for the purpose of certification , complemented by a set of specific cybersecurity objectives that need to be taken into account when designing european cybersecurity certification schemes . the modalities with which such objectives will be achieved in specific ict products and services should then be further specified in detail at the level of the individual certification scheme adopted by the commission , for example by reference to standards or technical specifications . ### the purpose of european cybersecurity certification schemes should be to ensure that ict products , services and processes certified under such a scheme comply with specified requirements . such requirements concern the ability to resist , at a given level of risk , actions that aim to compromise the availability , authenticity , integrity and confidentiality of stored or transmitted or processed data or the related functions of or services offered by , or accessible via those products , processes , services and systems within the meaning of this regulation . it is not possible to set out in detail in this regulation the cybersecurity requirements relating to all ict products , services and processes . ict products , services and processes and related cybersecurity needs are so diverse that it is very difficult to come up with general cybersecurity requirements valid across the board . it is , therefore necessary to adopt a broad and general notion of cybersecurity for the purpose of certification , complemented by a set of specific cybersecurity objectives that need to be taken into account when designing european cybersecurity certification schemes . the modalities with which such objectives will be achieved in specific ict products , services and processes should then be further specified in detail at the level of the individual certification scheme adopted by the commission , for example by reference to standards or technical specifications . all actors involved in a given supply chain should be encouraged in order to develop and adopt security standards , technical norms and security by design principles , at all stages of the product , service or process lifecycle ; each european cybersecurity certification scheme should be designed to reach this scope .


### recourse to european cybersecurity certification should remain voluntary , unless otherwise provided in union or national legislation . however , with a view to achieving the objectives of this regulation and avoiding the fragmentation of the internal market , national cybersecurity certification schemes or procedures for the ict products and services covered by a european cybersecurity certification scheme should cease to produce effects from the date established by the commission by means of the implementing act . moreover , member states should not introduce new national certification schemes providing cybersecurity certification schemes for ict products and services already covered by an existing european cybersecurity certification scheme . ### recourse to european cybersecurity certification should remain voluntary , unless otherwise provided in union or national legislation . however , with a view to achieving the objectives of this regulation and avoiding the fragmentation of the internal market , national cybersecurity certification schemes or procedures for the ict products and services covered by a european cybersecurity certification scheme should cease to produce effects from the date established by the commission by means of the implementing act . moreover , member states should not introduce new national certification schemes providing cybersecurity certification schemes for ict products and services already covered by an existing european cybersecurity certification scheme . however , this regulation should be without prejudice to national schemes that member states remain sovereign to manage for ict products and services used for their sovereign domain needs .


### in light of the increased cybersecurity challenges faced by the union , there is a need for a comprehensive set of measures that would build on previous union action and foster mutually reinforcing objectives . these include the need to further increase capabilities and preparedness of member states and businesses , as well as to improve cooperation and coordination across member states and eu institutions , agencies and bodies . furthermore , given the borderless nature of cyber threats , there is a need to increase capabilities at union level that could complement the action of member states , in particular in the case of large scale cross - border cyber incidents and crises . additional efforts are also needed to increase awareness of citizens and businesses on cybersecurity issues . moreover , the trust in the digital single market should be further improved by offering transparent information on the level of security of ict products and services . this can be facilitated by eu - wide certification providing common cybersecurity requirements and evaluation criteria across national markets and sectors . ### in light of the increased it security challenges faced by the union , there is a need for a comprehensive set of measures that would build on previous union action and foster mutually reinforcing objectives . these include the need to further increase capabilities and preparedness of member states and businesses , as well as to improve cooperation and coordination across member states and eu institutions , agencies and bodies . furthermore , given the borderless nature of cyber threats , there is a need to increase capabilities at union level that could complement the action of member states , in particular in the case of large scale cross - border cyber incidents and crises . additional efforts are also needed to deliver a coordinated eu response and increase awareness of citizens and businesses on it security issues . moreover , the trust in the digital single market should be further improved by offering transparent information on the level of security of ict products and services . this can be facilitated by eu - wide certification providing common it security requirements and evaluation criteria across national markets and sectors . alongside union - wide certification , there is a range of voluntary measures widely accepted in the market place , depending on the product , service , use or standard . these measures as well as the industry bottom up approach , including the use of security - by - design , leveraging and contributing to international standards , should be encouraged .


### a european cybersecurity certification scheme may specify one or more of the following assurance levels : basic , substantial and / or high , for ict products and services issued under that scheme . ### a european cybersecurity certification scheme may specify one or more of the following risk - based levels according to the context and intended use of the ict products , processes and service : basic , substantial and / or high .


### the management board , composed of the member states and the commission , should define the general direction of the agency’s operations and ensure that it carries out its tasks in accordance with this regulation . the management board should be entrusted with the powers necessary to establish the budget , verify its execution , adopt the appropriate financial rules , establish transparent working procedures for decision making by the agency , adopt the agency’s single programming document , adopt its own rules of procedure , appoint the executive director and decide on the extension of the executive director’s term of office and on the termination thereof . ### the management board , composed of the member states and the commission , should define the general direction of the agency’s operations and ensure that it carries out its tasks in accordance with this regulation . the management board should be entrusted with the powers necessary to establish the budget , verify its execution , adopt the appropriate financial rules , establish transparent working procedures for decision making by the agency , adopt the agency’s single programming document , adopt its own rules of procedure , appoint the executive director and decide on the extension of the executive director’s term of office and on the termination thereof . taking into account the highly technical nature of the agency ' s mission , members of the management board should have appropriate experience in issues within the scope of the agency ' s mission .


### identification of national cybersecurity certification schemes covering the same type or categories of ict products and services ; ### identification of national or international cybersecurity certification schemes or industry - led initiatives covering the same type or categories of ict products , processes and services ;


### ‘ european cybersecurity certification scheme’ means the comprehensive set of rules , technical requirements , standards and procedures defined at union level applying to the certification of information and communication technology products and services falling under the scope of that specific scheme ; ### ‘ european cybersecurity certification scheme’ means the comprehensive set of rules , technical requirements and procedures defined at union level applying to the certification of information and communication technology products and services falling under the scope of that specific scheme ;


### the agency should contribute towards raising the awareness of the public about risks related to cybersecurity and provide guidance on good practices for individual users aimed at citizens and organisations . the agency should also contribute to promote best practices and solutions at the level of individuals and organisations by collecting and analysing publicly available information regarding significant incidents , and by compiling reports with a view to providing guidance to businesses and citizens and improving the overall level of preparedness and resilience . the agency should furthermore organise , in cooperation with the member states and the union institutions , bodies , offices and agencies regular outreach and public education campaigns directed to end - users , aiming at promoting safer individual online behaviour and raising awareness of potential threats in cyberspace , including cybercrimes such as phishing attacks , botnets , financial and banking fraud , as well as promoting basic authentication and data protection advice . the agency should play a central role in accelerating end - user awareness on security of devices . ### the agency should contribute towards raising the awareness of the public about risks related to it security and provide guidance on good practices for individual users aimed at citizens and organisations . to improve the overall level of preparedness and resilience , the agency should also contribute to promote best practices and solutions at the level of individuals and organisations by collecting and analysing available information regarding significant incidents and by compiling reports with a view to providing guidance to businesses , citizens and relevant authorities at union and national level . the agency should furthermore organise , in cooperation with the member states and the union institutions , bodies , offices and agencies regular outreach and public education campaigns directed to end - users . these campaigns should promote it security education and safer individual online behaviour and raise awareness of potential threats in cyberspace , including cybercrimes such as phishing attacks , botnets , financial and banking fraud , forgery and illegal content , as well as advocating data protection and basic authentication to prevent data and identity theft . the agency should play a central role in accelerating end - user awareness on security of devices .


### ‘ european cybersecurity certification scheme’ means the comprehensive set of rules , technical requirements , standards and procedures defined at union level applying to the certification of information and communication technology products and services falling under the scope of that specific scheme ; ### ‘ european cybersecurity certification scheme’ means the comprehensive set of rules , technical requirements and procedures defined at union level and according to standards or ict technical specifications as defined in regulation no 1025 / 2012 , applying to the certification of information and communication technology products , processes and services falling under the scope of that specific scheme ;


### to understand better the challenges in the field of cybersecurity , and with a view to providing strategic long term advice to member states and union institutions , the agency needs to analyse current and emerging risks . for that purpose , the agency should , in cooperation with member states and , as appropriate , with statistical bodies and others , collect relevant information and perform analyses of emerging technologies and provide topic - specific assessments on expected societal , legal , economic and regulatory impacts of technological innovations on network and information security , in particular cybersecurity . the agency should furthermore support member states and union institutions , agencies and bodies in identifying emerging trends and preventing problems related to cybersecurity , by performing analyses of threats and incidents . ### to understand better the challenges in the field of it security , and with a view to providing strategic long term advice to member states and union institutions , the agency needs to analyse current and emerging risks , incidents and vulnerabilities . for that purpose , the agency should , in cooperation with member states and , as appropriate , with statistical bodies and others , collect relevant information and perform analyses of emerging technologies and provide topic - specific assessments on expected societal , legal , economic and regulatory impacts of technological innovations on network and information security , in particular it security . the agency should furthermore support member states and union institutions , agencies and bodies in identifying emerging trends and preventing problems related to it security , by performing analyses of threats , incidents and vulnerabilities .


### assisting member states to implement consistently the union policy and law regarding cybersecurity notably in relation to directive 2016 / 1148 , including by means of opinions , guidelines , advice and best practices on topics such as risk management , incident reporting and information sharing , as well as facilitating the exchange of best practices between competent authorities in this regard ; ### assisting member states to implement consistently the union policy and law regarding cybersecurity notably in relation to directive 2016 / 1148 , directive establishing the european electronic communications code , regulation 2016 / 679 and directive 2002 / 58 / ec , including by means of opinions , guidelines , advice and best practices on topics such as risk management , incident reporting and information sharing , as well as facilitating the exchange of best practices between competent authorities in this regard ;


### national certification supervisory authorities shall cooperate amongst each other and the commission and , in particular , exchange information , experiences and good practices as regards cybersecurity certification and technical issues concerning cybersecurity of ict products and services . ### national certification supervisory authorities shall cooperate amongst each other and the commission and , in particular , exchange information , experiences and good practices as regards cybersecurity certification and technical issues concerning cybersecurity of ict products , processes and services .


### certificates shall be issued for a maximum period of three years and may be renewed , under the same conditions , provided that the relevant requirements continue to be met . ### certificates shall be issued for the period defined in each certification scheme and highly relate to processes and the ability of how entities organise themselves to react to an attack and may be renewed , under the same conditions , provided that the relevant requirements continue to be met .


### in carrying out its tasks , the agency shall maintain a close dialogue particularly with specialised bodies , whether public or private , public authorities and workers ' and employers’ organisations . the agency , without prejudice to its own aims , shall ensure cooperation with other european union agencies aimed at avoiding overlaps and promoting synergy and complementarity in their activities , in particular with the european agency for safety and health at work , the european centre for the development of vocational training and , where relevant , with other eu agencies . ### in carrying out its tasks , the agency shall maintain a close dialogue particularly with specialised bodies , whether public or private , public authorities and workers ' and employers’ organisations .


### in carrying out its tasks , the agency shall maintain a close dialogue particularly with specialised bodies , whether public or private , public authorities and workers’ and employers’ organisations . the agency , without prejudice to its own aims , shall ensure cooperation with other european union agencies aimed at avoiding overlaps and promoting synergy and complementarity in their activities , in particular with the european agency for safety and health at work , the european centre for the development of vocational training and , where relevant , with other eu agencies . ### in carrying out its tasks , the agency shall maintain a close dialogue particularly with specialised bodies at national level but also in the international sphere , e . g . the international labor organization or the organisation for economic co - operation and development , whether public or private , public authorities and workers’ and employers’ organisations . the agency , without prejudice to its own aims , shall ensure cooperation with other european union agencies aimed at avoiding overlaps and promoting synergy and complementarity in their activities , including the possibility of working jointly , in particular with the european agency for safety and health at work , the european centre for the development of vocational training and , where relevant , with other eu agencies .


### the management board may invite any person whose opinion may be of interest to attend its meetings as an observer . ### the management board may invite any person whose opinion may be of interest to attend its meetings as an observer , in particular cedefop , eu - osha and the european training foundation , in order to avoid duplication and to promote synergies and complementarity .


### as the three so - called tripartite agencies , the european foundation for the improvement of living and working conditions , the european agency for safety and health at work and the european centre for the development of vocational training address issues related to the labour market and working environment and vocational education and training and skills , close coordination among the three agencies is required and ways to enhance efficiency and synergies should be exploited . in addition , where relevant , the agency should seek to engage in efficient cooperation with the european commission ' s in - house research capacities . ### as the three tripartite agencies , the european foundation for the improvement of living and working conditions , the european agency for safety and health at work and the european centre for the development of vocational training address issues related to the labour market and working environment and vocational education and training and skills , close coordination among the three agencies is required so that the work of the agencies does not overlap where they have similar fields of interest , while ways to enhance efficiency and synergies should be exploited and any duplication among agencies , as well as between them and the commission , concerning their mandates , objectives and activities should be avoided . in addition , where relevant , the agency should seek to engage in efficient cooperation with the commission ' s and the european parliament ' s in - house research capacities . the added value of eurofound is its unique pan - european comparable data on an extremely rich and a wide range of living and working conditions provided not only to union institutions , member states , and the social partners but also to the general public .


### adopt and regularly update the communication and dissemination plans based on an analysis of needs ; ### adopt and regularly update the communication activities and dissemination plans based on an analysis of needs and reflect this in the agency´s programming document ;


### where necessary , because of urgency , the executive board may take certain provisional decisions on behalf of the management board , in particular on administrative management matters , including the suspension of the delegation of the appointing authority powers and budgetary matters . ### where necessary , because of urgency , the executive board may take certain provisional decisions on behalf of the management board .


### the executive board shall meet three times a year . the chairperson can convene additional meetings at the request of its members ### the executive board shall meet three times a year . each coordinator shall inform members of its own group after the meeting about the content of the discussion in timely and transparent manner . the chairperson can convene additional meetings at the request of its members


### the term of office of members of the executive board shall be two years . that term shall be extendable . the term of office of members of the executive board shall end when their membership of the management board ends . ### the term of office of members of the executive board shall be two years . that term shall be renewable . the term of office of members of the executive board shall end when their membership of the management board ends .


### give the general orientations for the agency ' s activities and adopt each year the agency ' s programming document by a majority of two - thirds of the members entitled to vote and in accordance with article 6 ; ### give the strategic orientations for the agency ' s activities taking into account that the prime role of the management board is the strategic governance of the agency ' s work , such as its priorities and the specific themes on which it works and their coherence with the needs of stakeholders and adopt each year the agency ' s programming document by a majority of two - thirds of the members entitled to vote and in accordance with article 6 ;


### the executive director may be removed from office only upon a decision of the management board acting on a proposal from the commission . ### in the event of misconduct , unsatisfactory performance or recurring or serious irregularities , the executive director may be removed from office only upon a decision of the management board acting on a proposal , based on a reasoned assessment , from the commission .


### give the general orientations for the agency ' s activities and adopt each year the agency ' s programming document by a majority of two - thirds of the members entitled to vote and in accordance with article 6 ; ### give the strategic orientations for the agency ' s activities , taking into account that the prime role of the management board is the strategic governance of the agency ' s work , such as its priorities and the specific themes on which it works and their coherence with the needs of stakeholders and adopt each year the agency ' s programming document by a majority of two - thirds of the members entitled to vote and in accordance with article 6 ;


### the executive director shall also be responsible for deciding whether it is necessary for the purpose of carrying out the agency’s tasks in an efficient and effective manner to establish one or more local offices in one or more member states . that decision requires the prior consent of commission , the management board and the member state where the local office is to be established . that decision shall specify the scope of the activities to be carried out that that local office in a manner that avoids unnecessary costs and duplication of administrative functions of the agency . ### the executive director shall also be responsible for deciding whether it is necessary for the purpose of carrying out the agency’s tasks in an efficient and effective manner to establish one local office in brussels as a liaison office to further the agency’s cooperation with the relevant union institutions . that decision shall be subject to the prior consent of commission , the management board and the member state where the local office is to be established . that decision shall specify the scope of the activities to be carried out that that local office in a manner that avoids unnecessary costs and duplication of administrative functions of the agency .


### the maximum ceiling of the eib financing operations under eu guarantee throughout the period 2014 - 20 shall not exceed eur 32 300 000 000 . amounts initially earmarked for financing operations but subsequently cancelled shall not count against the ceiling . ### the maximum ceiling of the eib financing operations under eu guarantee throughout the period 2014 - 20 shall not exceed eur 38 470 000 000 . amounts initially earmarked for financing operations but subsequently cancelled shall not count against the ceiling .


### the international community faces an unprecedented refugee crisis which requires solidarity , efficient mobilisation of financial resources and the need to confront and surmount the existing challenges in a concerted manner . all actors need to work together to apply sustained , medium and long - term policies and an efficient use of existing processes and programmes in order to support initiatives which contribute to addressing root causes of migration . ### the international community faces an unprecedented migration and refugee crisis which requires solidarity , efficient mobilisation of financial resources and the need to confront and surmount the existing challenges in a concerted manner . all actors need to work together to apply sustained , medium and long - term policies and an efficient use of existing programmes in order to engineer and support initiatives which contribute to the sustainable development goals and to addressing root causes of migration and the long - term consequences of forced displacement .


### the conception and design of the programme should respond to the need for establishing a critical mass of supported activities , throughout the eu union and through international cooperation , in line with the un sustainable development goals . programme implementation should reinforce the pursuit of this aim . ### the conception and design of the programme should respond to the need for establishing a critical mass of supported activities , throughout the eu union and through international cooperation , in line with the un sustainable development goals . horizon europe should support and leverage national strategies for the fulfilment of the un sdgs through common infrastructures and shared approaches . programme implementation should reinforce the pursuit of this aim signalling the eu’s commitment to providing leadership in addressing global challenges of and to sharing its knowledge with the wider world


### the programme should promote and integrate cooperation with third countries and international organisations and initiatives based on common interest , mutual benefit and global commitments to implement the un sdgs . international cooperation should aim to strengthen the union ' s research and innovation excellence , attractiveness and economic and industrial competitiveness , to tackle global challenges , as embodied in the un sdgs , and to support the union ' s external policies . an approach of general opening for international participation and targeted international cooperation actions should be followed , including through appropriate eligibility for funding of entities established in low to middle income countries . at the same time , association of third countries to the programme should be promoted . ### the programme should promote and integrate cooperation with third countries and international organisations and initiatives based on common interest , mutual benefit and global commitments to implement the un sdgs . greater global co - operation in science can lead to shared perspectives and economic futures . economic co - operation has the potential to limit conflict and scientific cooperation can be a new language of diplomacy . international collaboration and cooperation in horizon europe should be designed around common goals .


### activities supported under the programme should contribute towards the achievement of the union ' s objectives and priorities , the monitoring and assessment of progress against those objectives and priorities and for the development of revised or new priorities . ### activities supported under the programme should contribute towards the achievement of the union ' s objectives and priorities , the monitoring and assessment of progress against those objectives and priorities and for the development of revised or new priorities . european research priorities should therefore be aligned with the sustainable development goals in terms of establishing targets and measuring the impact of the programme .


### the pillar ' global challenges and industrial competitiveness ' should be established through clusters of research and innovation activities , in order to maximise integration across the respective work areas while securing high and sustainable levels of impact in relation to the resources that are expended . it will encourage cross - disciplinary , cross - sectoral , cross - policy and cross - border collaboration in pursuit of the un sdgs and the competitiveness of the union ' s industries therein . ### european research priorities extend beyond scientific ambitions . they include support for human well - being , environmental stability and economic sustainability . the pillar ' global challenges and industrial competitiveness ' should be established through clusters of research and innovation activities , in order to maximise integration across the respective work areas while securing high and sustainable levels of impact in relation to the resources that are expended . it will encourage cross - disciplinary , cross - sectoral , cross - policy and cross - border collaboration in pursuit of the un sdgs and the competitiveness of the union ' s industries therein . it will also facilitate the development of appropriate metrics and evaluation criteria methodologies to measure policy and programme impact on all dimensions of sustainable development , including human development .


### the activities developed under the programme should aim at eliminating gender inequalities and promoting equality between women and men in research and innovation , in compliance with articles 2 and 3 of the treaty on european union and article 8 of the tfeu . the gender dimension should be adequately integrated in research and innovation content and followed through at all stages of the research cycle . ### the activities developed under the programme should aim at eliminating gender inequalities and promoting equality between women and men in research and innovation , in compliance with articles 2 and 3 of the treaty on european union and article 8 of the tfeu . the gender dimension should be adequately integrated in research and innovation content and followed through at all stages of the research cycle . the programme should include concrete measures to counteract unconscious gender bias .


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


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


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


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


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


### similarly , the ranking of websites by the providers of online search engines , notably of those websites through which undertakings offer goods and services to consumers , has an important impact on consumer choice and the commercial success of corporate website users . providers of online search engines should therefore provide a description of the main parameters determining the ranking of all indexed websites , including those of corporate website users as well as other websites . in addition to the characteristics of the goods and services and their relevance for consumers , this description should in the case of online search engines also allow corporate website users to obtain an adequate understanding of whether , and if so how and to what extent , certain design characteristics of the website used , such as their optimisation for display on mobile telecommunications devices , is taken into account . in the absence of a contractual relationship between providers of online search engines and corporate website users , that description should be available to the public in an obvious and easily accessible location on the relevant online search engine . to ensure predictability for corporate website users , the description should also be kept up to date , including the possibility that any changes to the main parameters should be made easily identifiable . whilst the providers are under no circumstances required to disclose any trade secrets as defined in directive 2016 / 94323 of the european parliament and of the council when complying with this requirement to disclose the main ranking parameters , the description given should at least be based on actual data on the relevance of the ranking parameters used . _________________ 23directive 2016 / 943 of the european parliament and of the council of 8 june 2016 on the protection of undisclosed know - how and business information against their unlawful acquisition , use and disclosure . ### similarly , the ranking of websites by the providers of online search engines , notably of those websites through which undertakings offer goods and services to consumers , has an important impact on consumer choice and the commercial success of corporate website users . providers of online search engines should therefore provide a description of the parameters determining the ranking of all indexed websites , including those of corporate website users as well as other websites . in addition to the characteristics of the goods and services and their relevance for consumers , this description should in the case of online search engines also allow corporate website users to obtain an adequate understanding of whether , and if so how and to what extent , certain design characteristics of the website used , such as their optimisation for display on mobile telecommunications devices , is taken into account . in the absence of a contractual relationship between providers of online search engines and corporate website users , that description should be available to the public in an obvious and easily accessible location on the relevant online search engine . to ensure predictability for corporate website users , the description should also be kept up to date , including the possibility that any changes to the parameters should be made easily identifiable . whilst the providers are under no circumstances required to disclose any trade secrets as defined in directive 2016 / 94323 of the european parliament and of the council when complying with this requirement to disclose the ranking parameters , the description given should at least be based on actual data on the relevance of the ranking parameters used . _________________ 23directive 2016 / 943 of the european parliament and of the council of 8 june 2016 on the protection of undisclosed know - how and business information against their unlawful acquisition , use and disclosure .


### providers of online intermediation services and providers of online search engines shall , when complying with the requirements of this article , not be required to disclose any trade secrets as defined in article 2 of directive 2016 / 943 . ### when providing information about ranking parameters , providers of online intermediation services and online search engines shall not disclose any information that could be used to lower the standard of protection of business users and consumers against malicious business practices such as deception . this article shall be without prejudice to directive 2016 / 943 .


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


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


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


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


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


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


### providers of online search engines shall set out for corporate website users the main parameters determining ranking , by providing an easily and publicly available description , drafted in clear and unambiguous language on the online search engines of those providers . they shall keep that description up to date . ### providers of online search engines shall set out for corporate website users the main parameters determining ranking , by providing an easily and publicly available description , drafted in clear and intelligible language on the online search engines of those providers . they shall keep that description up to date .


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


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


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


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


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


### providers of online intermediation services shall engage in good faith in any attempt to reach an agreement through the mediation of any of the mediators which they identified in accordance with paragraph 1 , with a view to reaching an agreement on the settlement of the dispute . ### providers of online intermediation services and business users shall engage in good faith in any attempt to reach an agreement through the mediation of any of the mediators which have been identified in accordance with paragraph 1 , with a view to reaching an agreement on the settlement of the dispute .


### where a provider of online intermediation services decides to suspend or terminate , in whole or in part , the provision of its online intermediation services to a given business user , it shall provide the business user concerned , without undue delay , with a statement of reasons for that decision . ### where a provider of online intermediation services or online search engines decides to restrict , suspend or terminate , in whole or in part , the provision of its services to a given business user , it shall provide the business user concerned , without undue delay , with a statement of reasons for that decision . a statement of reasons shall also be provided in the event of a user ' s ranking worsening .


### a uniform and targeted set of mandatory rules should therefore be established at union level to ensure a fair , predictable , sustainable and trusted online business environment within the internal market by ensuring , in particular , that the business users of online intermediation services are afforded appropriate transparency as well as effective redress possibilities throughout the union . those rules should also provide for appropriate transparency as regards the ranking of corporate website users in the search results generated by online search engines . at the same , those rules should be such as to safeguard the important innovation potential of the wider online platform economy . ### a uniform and targeted set of mandatory rules should therefore be established at union level to ensure a fair , predictable , sustainable and trusted online business environment within the internal market by ensuring , in particular , that the business users and online intermediation services are afforded appropriate transparency as well as effective redress possibilities throughout the union . those rules should also provide for appropriate transparency as regards the ranking of corporate website users in the search results generated by online search engines . at the same , those rules should be such as to safeguard and strengthen the important innovation potential of the wider online platform economy .


### online intermediation services can be crucial for the commercial success of undertakings who use such services to reach consumers . the growing intermediation of transactions through online intermediation services , fuelled by strong data - driven indirect network effects , lead to an increased dependence of such business users , including micro , small and medium - sized enterprises , on those services in order for them to reach consumers . given that increasing dependence , the providers of those services often have superior bargaining power , which enables them to effectively behave unilaterally in a way that can be unfair and that can be harmful to the legitimate interests of their businesses users and , indirectly , also of consumers in the union . ### online intermediation services can be an important element for the commercial success of undertakings who use such services to reach consumers . the growing intermediation of transactions through online intermediation services , fuelled by strong data - driven indirect network effects , lead to an increased dependence of such business users , including micro , small and medium - sized enterprises , as well as large traditional business users on those services in order for them to reach consumers . given that increasing interdependence , the providers of those services may have superior bargaining power , which enables them to effectively behave unilaterally in a way that can be unfair and harmful to the legitimate interests of their businesses users or smaller providers of online intermediation services and , indirectly , also of consumers in the union .


### since online intermediation services and online search engines typically have a global dimension , this regulation should apply to providers of those services regardless of whether they are established in a member state or outside the union , provided that two cumulative conditions are met . firstly , the business users or corporate website users should be established in the union . secondly , the business users or corporate website users should , through the provision of those services , offer their goods or services to consumers located in the union at least for part of the transaction . such consumers should be located in the union , but do not need to have their place of residence in the union nor have the nationality of any member state . accordingly , this regulation should not apply where the business users or corporate websites users are not established in the union or where they are established in the union but where they use online intermediation services or online search engines to offer goods or services exclusively to consumers located outside the union or to persons who are not consumers . ### since online intermediation services , operating systems and online search engines typically have a global dimension , this regulation should apply to providers of those services regardless of whether they are established in a member state or outside the union , provided that two cumulative conditions are met . firstly , the business users or corporate website users should be established in the union . secondly , the business users or corporate website users should , through the provision of those services , offer their goods or services to consumers located in the union at least for part of the transaction . such consumers should be located in the union , but do not need to have their place of residence in the union nor have the nationality of any member state . accordingly , this regulation should not apply where the business users or corporate websites users are not established in the union or where they are established in the union but where they use online intermediation services or online search engines to offer goods or services exclusively to consumers located outside the union or to persons who are not consumers .


### providers of online intermediation services shall notify to the business users concerned any envisaged modification of their terms and conditions . ### providers of online intermediation services shall notify to the business users concerned any envisaged modification of their terms and conditions , in the instances where modifications are to affect them in a substantive and negative manner .


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


### a provider of online intermediation services can have legitimate reasons to decide to suspend or terminate the provision of its services , in whole or in part , to a given business user , including by delisting individual goods or services of a given business user or effectively removing search results . however , given that such decisions can significantly affect the interests of the business user concerned , they should be properly informed of the reasons thereof . the statement of reasons should allow business users to ascertain whether there is scope to challenge the decision , thereby improving the possibilities for business users to seek effective redress where necessary . in addition , requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content , in line with commission recommendation no 2018 / 33422 . the statement of reasons should identify the objective ground or grounds for the decision , based on the grounds that the provider had set out in advance in its terms and conditions , and refer in a proportionate manner to the relevant specific circumstances that led to that decision . __________________ 22 commission recommendation no 2018 / 334 of 1 march 2018 on measures to effectively tackle illegal content online . ### a provider of online intermediation services can have legitimate reasons to decide to sanction a given business user , for example by suspending , delisting or terminating the provision of its services , in whole or in part , or effectively removing search results . however , given that such decisions can significantly affect the interests of the business user concerned , they should be properly informed of the reasons thereof . the statement of reasons should allow business users to ascertain whether there is scope to challenge the decision , thereby improving the possibilities for business users to seek effective redress where necessary . in addition , requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content , in line with commission recommendation no 2018 / 33422 . the statement of reasons should identify the objective ground or grounds for the decision , based on the grounds that the provider had set out in advance in its terms and conditions , and refer in a proportionate manner to the relevant specific circumstances that led to that decision . in case of suspicion that a behaviour or practice of a business user may cause harm to consumers or the platform , a reference to relevant provisions in the terms and conditions should be provided . wherever possible , a proportionate and gradual system should be put in place , including prior and timely notification before taking measures that will result in severing the access of the consumers to the business . __________________ 22 commission recommendation no 2018 / 334 of 1 march 2018 on measures to effectively tackle illegal content online .


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


### ' business user ' means any natural or legal person which through online intermediation services offers goods or services to consumers for purposes relating to its trade , business , craft or profession ; ### ' business user ' means any natural or legal person which through online intermediation services offers or seeks to offer goods or services to consumers for purposes relating to its trade , business , craft or profession ;


### ' online search engine ' means a digital service that allows users to perform searches of , in principle , all websites or websites in a particular language on the basis of a query on any subject in the form of a keyword , phrase or other input , and returns links in which information related to the requested content can be found ; ### ' online search engine ' means a digital service or interface or mobile applications that allows users to perform searches of web content , in a particular language on the basis of a query in the form of a keyword , phrase or other input in many options , and returns result in which information related to the query can be found ;


### ' online search engine ' means a digital service that allows users to perform searches of , in principle , all websites or websites in a particular language on the basis of a query on any subject in the form of a keyword , phrase or other input , and returns links in which information related to the requested content can be found ; ### ' online search engine ' means a digital service , including inter alia digital interfaces and applications , including mobile applications with search functionality , that allows users to input queries and perform searches of various websites or websites and mobile applications in a particular language on the basis of a query on any subject in the form of a keyword , phrase or other input , and returns content such as short texts , pictures , links , videos , audios , in which information related to the search can be found ;


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


### similarly , the ranking of websites by the providers of online search engines , notably of those websites through which undertakings offer goods and services to consumers , has an important impact on consumer choice and the commercial success of corporate website users . providers of online search engines should therefore provide a description of the main parameters determining the ranking of all indexed websites , including those of corporate website users as well as other websites . in addition to the characteristics of the goods and services and their relevance for consumers , this description should in the case of online search engines also allow corporate website users to obtain an adequate understanding of whether , and if so how and to what extent , certain design characteristics of the website used , such as their optimisation for display on mobile telecommunications devices , is taken into account . in the absence of a contractual relationship between providers of online search engines and corporate website users , that description should be available to the public in an obvious and easily accessible location on the relevant online search engine . to ensure predictability for corporate website users , the description should also be kept up to date , including the possibility that any changes to the main parameters should be made easily identifiable . whilst the providers are under no circumstances required to disclose any trade secrets as defined in directive 2016 / 94323 of the european parliament and of the council when complying with this requirement to disclose the main ranking parameters , the description given should at least be based on actual data on the relevance of the ranking parameters used . _________________ 23directive 2016 / 943 of the european parliament and of the council of 8 june 2016 on the protection of undisclosed know - how and business information against their unlawful acquisition , use and disclosure . ### similarly , the ranking of websites by the providers of online search engines , notably of those websites through which undertakings offer goods and services to consumers , has an important impact on consumer choice and the commercial success of corporate website users . providers of online search engines should therefore provide a description of the parameters determining the ranking of all indexed websites , including those of corporate website users as well as other websites . in addition to the characteristics of the goods and services and their relevance for consumers , this description should in the case of online search engines also allow corporate website users to obtain an adequate understanding of whether , and if so how and to what extent , certain design characteristics of the website used , such as their optimisation for display on mobile telecommunications devices , is taken into account . in the absence of a contractual relationship between providers of online search engines and corporate website users , that description should be available to the public in an obvious and easily accessible location on the relevant online search engine . to ensure predictability for corporate website users , the description should also be kept up to date , including the possibility that any changes to the parameters should be made easily identifiable . whilst the providers are under no circumstances required to disclose any trade secrets as defined in directive 2016 / 94323 of the european parliament and of the council when complying with this requirement to disclose the ranking parameters , the description given should at least be based on actual data on the relevance of the ranking parameters used . _________________ 23directive 2016 / 943 of the european parliament and of the council of 8 june 2016 on the protection of undisclosed know - how and business information against their unlawful acquisition , use and disclosure .


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


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


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


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


### the dependence of business users on online intermediation services also leads to a situation in which business users often have limited possibilities to seek redress where unilateral actions of the providers of those services lead to a dispute . in many cases , those providers do not offer accessible and effective internal complaint - handling systems . existing alternative out - of - court dispute settlement mechanisms can also be ineffective for a variety of reasons , including a lack of specialised mediators and business users’ fear of retaliation . ### the dependence of business users on online intermediation services and vice versa also leads to a situation in which business users or providers of online intermediation services may have limited possibilities to seek redress where unilateral actions of the providers of those services lead to a dispute . in some cases , those providers do not offer accessible and effective internal complaint - handling systems . existing alternative out - of - court dispute settlement mechanisms can also be ineffective for a variety of reasons , including a lack of specialised mediators and fear of retaliation by smaller business users or providers of online intermediation services .


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


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


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


### where those main parameters include the possibility to influence ranking against any direct or indirect remuneration paid by business users to the provider of online intermediation services concerned , that provider of online intermediation services shall also include in its terms and conditions a description of those possibilities and of the effects of such remuneration on ranking . ### where those parameters include the possibility to influence ranking against any direct or indirect remuneration paid by business users to the provider of online intermediation services concerned , that provider of online intermediation services shall also include in its terms and conditions a description of those possibilities and of the effects of such remuneration on ranking .


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


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


### a provider of online intermediation services can have legitimate reasons to decide to suspend or terminate the provision of its services , in whole or in part , to a given business user , including by delisting individual goods or services of a given business user or effectively removing search results . however , given that such decisions can significantly affect the interests of the business user concerned , they should be properly informed of the reasons thereof . the statement of reasons should allow business users to ascertain whether there is scope to challenge the decision , thereby improving the possibilities for business users to seek effective redress where necessary . in addition , requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content , in line with commission recommendation no 2018 / 33422 . the statement of reasons should identify the objective ground or grounds for the decision , based on the grounds that the provider had set out in advance in its terms and conditions , and refer in a proportionate manner to the relevant specific circumstances that led to that decision . __________________ 22 commission recommendation no 2018 / 334 of 1 march 2018 on measures to effectively tackle illegal content online . ### a provider of online intermediation services can have legitimate reasons to decide to sanction a given business user , for example by suspending , delisting or terminating the provision of its services , in whole or in part , or effectively removing search results . however , given that such decisions can significantly affect the interests of the business user concerned , they should be properly informed of the reasons thereof . the statement of reasons should allow business users to ascertain whether there is scope to challenge the decision , thereby improving the possibilities for business users to seek effective redress where necessary . in addition , requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content , in line with commission recommendation no 2018 / 33422 . the statement of reasons should identify the objective ground or grounds for the decision , based on the grounds that the provider had set out in advance in its terms and conditions , and refer in a proportionate manner to the relevant specific circumstances that led to that decision . in case of suspicion that a behaviour or practice of a business user may cause harm to consumers or the platform , a reference to relevant provisions in the terms and conditions should be provided . wherever possible , a proportionate and gradual system should be put in place , including prior and timely notification before taking measures that will result in severing the access of the consumers to the business . __________________ 22 commission recommendation no 2018 / 334 of 1 march 2018 on measures to effectively tackle illegal content online .


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


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