### orders to act against illegal content ### cross-border orders to act against illegal content


### orders to provide information ### cross-border orders to provide information


### 2. providers of intermediary services shall act in a diligent , objective and proportionate manner in applying and enforcing the restrictions referred to in paragraph 1 , with due regard to the rights and legitimate interests of all parties involved , including the applicable fundamental rights of the recipients of the service as enshrined in the charter. ### 2. providers of intermediary services shall act in a diligent , non-discriminatory and transparent , objective and proportionate manner in applying and enforcing the restrictions referred to in paragraph 1 , with due regard to the rights and legitimate interests of all parties involved , including the applicable fundamental rights of the recipients of the service as enshrined in the charter.


### 1. providers of intermediary services shall publish , at least once a year , clear , easily comprehensible and detailed reports on any content moderation they engaged in during the relevant period. those reports shall include , in particular , information on the following , as applicable: ### 1. providers of intermediary services shall publish , at least once a year , clear , easily comprehensible and detailed reports on any content moderation they engaged in during the relevant period. those reports shall include breakdowns at member states level and , in particular , information on the following , as applicable:


### the number of orders received from member states’ authorities , categorised by the type of illegal content concerned , including orders issued in accordance with articles 8 and 9 , and the average time needed for taking the action specified in those orders; ### the number of orders received from member states’ authorities , categorised , where possible , by the type of illegal content concerned , including orders issued in accordance with articles 8 and 9.


### the number of notices submitted in accordance with article 14 , categorised by the type of alleged illegal content concerned , any action taken pursuant to the notices by differentiating whether the action was taken on the basis of the law or the terms and conditions of the provider , and the average time needed for taking the action; ### the number of notices submitted in accordance with article 14 , categorised by the category , including the type of alleged illegal content concerned , any action taken pursuant to the notices by differentiating whether the action was taken on the basis of the law or the terms and conditions of the provider , and the average time needed for taking the action;


### the number of notices submitted in accordance with article 14 , categorised by the type of alleged illegal content concerned , any action taken pursuant to the notices by differentiating whether the action was taken on the basis of the law or the terms and conditions of the provider , and the average time needed for taking the action; ### the number of notices submitted in accordance with article 14 , categorised by the type of alleged illegal content concerned , any action taken pursuant to the notices by differentiating whether the action was taken on the basis of the law or the terms and conditions of the provider;


### the number of complaints received through the internal complaint-handling system referred to in article 17 , the basis for those complaints , decisions taken in respect of those complaints , the average time needed for taking those decisions and the number of instances where those decisions were reversed. ### the number of complaints received through the internal complaint-handling system referred to in article 17 , where identifiable , the basis for those complaints , decisions taken in respect of those complaints , the average time needed for taking those decisions and the number of instances where those decisions were reversed.


### 2. the mechanisms referred to in paragraph 1 shall be such as to facilitate the submission of sufficiently precise and adequately substantiated notices , on the basis of which a diligent economic operator can identify the illegality of the content in question. to that end , the providers shall take the necessary measures to enable and facilitate the submission of notices containing all of the following elements: ### 2. the mechanisms referred to in paragraph 1 shall be such as to facilitate the submission of sufficiently precise and adequately substantiated notices , on the basis of which a diligent economic operator can identify the illegality or incompatibility of the content in question. to that end , the providers shall take the necessary measures to enable and facilitate the submission of notices containing all of the following elements:


### an explanation of the reasons why the individual or entity considers the information in question to be illegal content; ### an explanation of the reasons why the individual or entity considers the information in question to be illegal content or incompatible with the provider’s terms and conditions;


### a clear indication of the electronic location of that information , in particular the exact url or urls , and , where necessary , additional information enabling the identification of the illegal content; ### sufficiently precise information enabling the identification of the illegal or incompatible content , where relevant , including a clear indication of the electronic location of that information , in particular the exact url or urls;


### a clear indication of the electronic location of that information , in particular the exact url or urls , and , where necessary , additional information enabling the identification of the illegal content; ### where possible , a clear indication of the electronic location of that information , in particular the exact url or urls , and , where necessary , additional information enabling the identification of the illegal content;


### a clear indication of the electronic location of that information , in particular the exact url or urls , and , where necessary , additional information enabling the identification of the illegal content; ### a clear indication of the electronic identification of that information and , where necessary , additional information enabling the identification of the illegal content;


### the name and an electronic mail address of the individual or entity submitting the notice , except in the case of information considered to involve one of the offences referred to in articles 3 to 7 of directive 2011/93/eu; ### where possible , the name and an electronic mail address of the individual or entity submitting the notice , except in the case of information considered to involve one of the offences referred to in articles 3 to 7 of directive 2011/93/eu;


### where applicable , information on the use made of automated means in taking the decision , including where the decision was taken in respect of content detected or identified using automated means; ### where applicable , information on the use made of automated means in taking the decision;


### 1. online platforms shall provide recipients of the service , for a period of at least six months following the decision referred to in this paragraph , the access to an effective internal complaint-handling system , which enables the complaints to be lodged electronically and free of charge , against the following decisions taken by the online platform on the ground that the information provided by the recipients is illegal content or incompatible with its terms and conditions: ### 1. online platforms shall provide recipients of the service , and individuals or entities that have submitted a notice , for a period of at least six months following the decision referred to in this paragraph , the access to an effective internal complaint-handling system , which enables the complaints to be lodged electronically and free of charge , against the following decisions taken by the online platform on the ground that the information provided by the recipients is illegal content or incompatible with its terms and conditions:


### 1. online platforms shall provide recipients of the service , for a period of at least six months following the decision referred to in this paragraph , the access to an effective internal complaint-handling system , which enables the complaints to be lodged electronically and free of charge , against the following decisions taken by the online platform on the ground that the information provided by the recipients is illegal content or incompatible with its terms and conditions: ### 1. online platforms shall provide to all recipients of the service , for a period of at least six months following the decision referred to in this paragraph , the access to an effective internal complaint-handling system , which enables the complaints to be lodged electronically and free of charge. complaints can be filed against the following decisions taken by the online platform on the ground that the information provided by the recipients is illegal content or incompatible with its terms and conditions:


### decisions to suspend or terminate the recipients’ account. ### decisions to suspend or terminate the recipients’ account;


### decisions to suspend or terminate the recipients’ account. ### decisions to suspend or terminate or not to suspend or terminate the recipients’ account.


### 5. online platforms shall ensure that the decisions , referred to in paragraph 4 , are not solely taken on the basis of automated means. ### deleted


### 1. recipients of the service addressed by the decisions referred to in article 17(1) , shall be entitled to select any out-of-court dispute that has been certified in accordance with paragraph 2 in order to resolve disputes relating to those decisions , including complaints that could not be resolved by means of the internal complaint-handling system referred to in that article. online platforms shall engage , in good faith , with the body selected with a view to resolving the dispute and shall be bound by the decision taken by the body. ### 1. after internal complaint handling mechanisms are exhausted , recipients of the service addressed by the decisions referred to in article 17(1) , shall be entitled to select any out-of-court dispute that has been certified in accordance with paragraph 2 in order to resolve disputes relating to those decisions , including complaints that could not be resolved by means of the internal complaint-handling system referred to in that article. online platforms shall engage , in good faith , with the body selected with a view to resolving the dispute and shall be bound by the decision taken by the body.


### [...] ### deleted


### it has particular expertise and competence for the purposes of detecting , identifying and notifying illegal content; ### it has particular expertise and competence for the purposes of detecting , identifying and notifying illegal content or content incompatible with the platform’s terms and conditions;


### it represents collective interests and is independent from any online platform; ### it represents public or collective interests and is independent from any online platform;


### it represents collective interests and is independent from any online platform; ### it represents collective interests and is independent from any online platform except in the cases of businesses with a vested interest in flagging counterfeit products of their brand thus ensuring the online consumer experience is safer and more reliable;


### 3. digital services coordinators shall communicate to the commission and the board the names , addresses and electronic mail addresses of the entities to which they have awarded the status of the trusted flagger in accordance with paragraph 2. ### 3. digital services coordinators and the commission shall communicate to each other and the board the names , addresses and electronic mail addresses of the entities to which they have awarded the status of the trusted flagger in accordance with paragraph 2.


### 3. online platforms shall assess , on a case-by-case basis and in a timely , diligent and objective manner , whether a recipient , individual , entity or complainant engages in the misuse referred to in paragraphs 1 and 2 , taking into account all relevant facts and circumstances apparent from the information available to the online platform. those circumstances shall include at least the following: ### 3. providers of intermediary services shall assess , on a case-by-case basis and in a timely , diligent and objective manner , whether a recipient , individual , entity or complainant engages in the misuse referred to in paragraphs 1 and 2 , taking into account all relevant facts and circumstances apparent from the information available to the online platform. those circumstances shall include at least the following:


### the absolute numbers of items of manifestly illegal content or manifestly unfounded notices or complaints , submitted in the past year; ### the absolute numbers of items of illegal content or unfounded notices or complaints , submitted in the past year;


### the absolute numbers of items of manifestly illegal content or manifestly unfounded notices or complaints , submitted in the past year; ### the absolute numbers of items of illegal content or knowingly unfounded notices or complaints , submitted in the past year;


### 4. online platforms shall set out , in a clear and detailed manner , their policy in respect of the misuse referred to in paragraphs 1 and 2 in their terms and conditions , including as regards the facts and circumstances that they take into account when assessing whether certain behaviour constitutes misuse and the duration of the suspension. ### 4. providers of intermediary services shall set out , in a clear and detailed manner , their policy in respect of the misuse referred to in paragraphs 1 and 2 in their terms and conditions , including as regards the facts and circumstances that they take into account when assessing whether certain behaviour constitutes misuse and the duration of the suspension and the circumstances in which they will terminate their services.


### 4. online platforms shall set out , in a clear and detailed manner , their policy in respect of the misuse referred to in paragraphs 1 and 2 in their terms and conditions , including as regards the facts and circumstances that they take into account when assessing whether certain behaviour constitutes misuse and the duration of the suspension. ### 4. online platforms shall set out , in a clear and detailed manner , their policy in respect of the misuse referred to in paragraphs 1 and 2 in their terms and conditions , including as regards the facts and circumstances that they take into account when assessing whether certain behaviour constitutes misuse and the duration of the suspension , and the circumstances in which they will terminate their services.


### 1. where an online platform becomes aware of any information giving rise to a suspicion that a serious criminal offence involving a threat to the life or safety of persons has taken place , is taking place or is likely to take place , it shall promptly inform the law enforcement or judicial authorities of the member state or member states concerned of its suspicion and provide all relevant information available. ### 1. where an online platform becomes aware of any information giving rise to a suspicion that a criminal offence has taken place , is taking place or is likely to take place , it shall promptly inform the law enforcement or judicial authorities of the member state or member states concerned of its suspicion and provide all relevant information available.


### (1) where an online platform becomes aware of any information giving rise to a suspicion that a serious criminal offence involving a threat to the life or safety of persons has taken place , is taking place or is likely to take place , it shall promptly inform the law enforcement or judicial authorities of the member state or member states concerned of its suspicion and provide all relevant information available. ### (1) where an online platform becomes aware of any information giving rise to a suspicion that a criminal offence has taken place , is taking place or is likely to take place , it shall promptly inform the law enforcement or judicial authorities of the member state or member states concerned of its suspicion and provide all relevant information available.


### the number of suspensions imposed pursuant to article 20 , distinguishing between suspensions enacted for the provision of manifestly illegal content , the submission of manifestly unfounded notices and the submission of manifestly unfounded complaints; ### the number of suspensions imposed pursuant to article 20 , distinguishing between suspensions enacted for the provision of illegal content , the submission of unfounded notices and the submission of unfounded complaints;


### any negative effects for the exercise of the fundamental rights to respect for private and family life , freedom of expression and information , the prohibition of discrimination and the rights of the child , as enshrined in articles 7 , 11 , 21 and 24 of the charter respectively; ### any negative effects for the exercise of the fundamental rights to respect for private and family life , freedom of expression and information , freedom and pluralism of the media , the prohibition of discrimination and the rights of the child , as enshrined in articles 7 , 11 , 21 and 24 of the charter respectively caused by an illegal activity;


### any negative effects for the exercise of the fundamental rights to respect for private and family life , freedom of expression and information , the prohibition of discrimination and the rights of the child , as enshrined in articles 7 , 11 , 21 and 24 of the charter respectively; ### any negative effects for the exercise of the fundamental rights to respect for private and family life , freedom of expression and information , freedom and pluralism of the media , the prohibition of discrimination and the rights of the child , as enshrined in articles 7 , 11 , 21 and 24 of the charter respectively;


### intentional manipulation of their service , including by means of inauthentic use or automated exploitation of the service , with an actual or foreseeable negative effect on the protection of public health , minors , civic discourse , or actual or foreseeable effects related to electoral processes and public security. ### intentional manipulation of their service , including by means of inauthentic use or automated exploitation of the service , with an actual or foreseeable negative effect on the protection of public health , gender equality , minors , civic discourse , or actual or foreseeable effects related to electoral processes and public security.


### intentional manipulation of their service , including by means of inauthentic use or automated exploitation of the service , with an actual or foreseeable negative effect on the protection of public health , minors , civic discourse , or actual or foreseeable effects related to electoral processes and public security. ### intentional manipulation of their service by means of inauthentic use or automated exploitation of the service , with an actual or foreseeable negative and illegal effect on the protection of public health , minors , civic discourse , or actual or foreseeable effects related to electoral processes and public security.


### 2. when conducting risk assessments , very large online platforms shall take into account , in particular , how their content moderation systems , recommender systems and systems for selecting and displaying advertisement influence any of the systemic risks referred to in paragraph 1 , including the potentially rapid and wide dissemination of illegal content and of information that is incompatible with their terms and conditions. ### 2. when conducting risk assessments , very large online platforms shall take into account , in particular , how their content moderation systems , recommender systems and systems for selecting and displaying advertisement influence any of the systemic risks referred to in paragraph 1 , including the potentially rapid and wide dissemination of illegal content or the content that risks an increase in online violence and of information that is incompatible with their terms and conditions.


### 2. when conducting risk assessments , very large online platforms shall take into account , in particular , how their content moderation systems , recommender systems and systems for selecting and displaying advertisement influence any of the systemic risks referred to in paragraph 1 , including the potentially rapid and wide dissemination of illegal content and of information that is incompatible with their terms and conditions. ### 2. when conducting risk assessments , very large online platforms shall take into account , in particular , how their content moderation systems , recommender systems and systems for selecting and displaying advertisement influence any of the systemic risks referred to in paragraph 1 , including the potentially rapid and wide dissemination of illegal content.


### targeted measures aimed at limiting the display of advertisements in association with the service they provide; ### targeted measures aimed at limiting the display of advertisements or harmful content in association with the service they provide;


### any commitments undertaken pursuant to the codes of conduct referred to in articles 35 and 36 and the crisis protocols referred to in article 37. ### any of voluntary measures undertaken pursuant to the codes of conduct referred to in articles 35 and 36 and the crisis protocols referred to in article 37.


### 1. very large online platforms that display advertising on their online interfaces shall compile and make publicly available through application programming interfaces a repository containing the information referred to in paragraph 2 , until one year after the advertisement was displayed for the last time on their online interfaces. they shall ensure that the repository does not contain any personal data of the recipients of the service to whom the advertisement was or could have been displayed. ### 1. very large online platforms that display advertising on their online interfaces shall compile and make publicly available through application programming interfaces a searchable , easy to access and functional repository containing the information referred to in paragraph 2 , until one year after the advertisement was displayed for the last time on their online interfaces. they shall ensure that the repository does not contain any personal data of the recipients of the service to whom the advertisement was or could have been displayed.


### 1. very large online platforms that display advertising on their online interfaces shall compile and make publicly available through application programming interfaces a repository containing the information referred to in paragraph 2 , until one year after the advertisement was displayed for the last time on their online interfaces. they shall ensure that the repository does not contain any personal data of the recipients of the service to whom the advertisement was or could have been displayed. ### 1. very large online platforms that display advertising on their online interfaces shall compile and make publicly available through application programming interfaces a repository containing the information referred to in paragraph 2 , for advertisements that have been seen by more than 5000 recipients of the service and until six months after the advertisement was displayed for the last time on their online interfaces. they shall ensure that the repository does not contain any personal data of the recipients of the service to whom the advertisement was or could have been displayed.


### 1. very large online platforms that display advertising on their online interfaces shall compile and make publicly available through application programming interfaces a repository containing the information referred to in paragraph 2 , until one year after the advertisement was displayed for the last time on their online interfaces. they shall ensure that the repository does not contain any personal data of the recipients of the service to whom the advertisement was or could have been displayed. ### 1. very large online platforms that display advertising on their online interfaces shall compile and make publicly available through application programming interfaces a repository containing the information referred to in paragraph 2 for all advertisements related to public health , public security , civil discourse , political participation and equality , until one year after the advertisement was displayed for the last time on their online interfaces. they shall ensure that the repository does not contain any personal data of the recipients of the service to whom the advertisement was or could have been displayed.


### 1. very large online platforms that display advertising on their online interfaces shall compile and make publicly available through application programming interfaces a repository containing the information referred to in paragraph 2 , until one year after the advertisement was displayed for the last time on their online interfaces. they shall ensure that the repository does not contain any personal data of the recipients of the service to whom the advertisement was or could have been displayed. ### 1. very large online platforms that display advertising on their online interfaces shall compile and make publicly available through application programming interfaces a repository containing the information referred to in paragraph 2 , for advertisements that have been seen by more than 5 000 recipients of the service and until one year after the advertisement was displayed for the last time on their online interfaces. they shall ensure that the repository does not contain any personal data of the recipients of the service to whom the advertisement was or could have been displayed.


### the natural or legal person on whose behalf the advertisement is displayed; ### the natural or legal person on whose behalf the advertisement is displayed , and who finances the advertisement;


### whether the advertisement was intended to be displayed specifically to one or more particular groups of recipients of the service and if so , the main parameters used for that purpose; ### whether the advertisement was intended to be displayed specifically to or concealed specifically from one or more particular groups of recipients of the service and if so , the main parameters used for that purpose;


### whether the advertisement was intended to be displayed specifically to one or more particular groups of recipients of the service and if so , the main parameters used for that purpose; ### deleted


### the total number of recipients of the service reached and , where applicable , aggregate numbers for the group or groups of recipients to whom the advertisement was targeted specifically. ### the total number of recipients of the service reached and , where applicable , aggregate numbers for the group or groups of recipients to whom the advertisement was targeted specifically;


### the total number of recipients of the service reached and , where applicable , aggregate numbers for the group or groups of recipients to whom the advertisement was targeted specifically. ### deleted


### the total number of recipients of the service reached and , where applicable , aggregate numbers for the group or groups of recipients to whom the advertisement was targeted specifically. ### the total number of recipients of the service reached.


### 2. upon a reasoned request from the digital services coordinator of establishment or the commission , very large online platforms shall , within a reasonable period , as specified in the request , provide access to data to vetted researchers who meet the requirements in paragraphs 4 of this article , for the sole purpose of conducting research that contributes to the identification and understanding of systemic risks as set out in article 26(1). ### 2. upon a reasoned request from the digital services coordinator of establishment or the commission , very large online platforms shall , within a reasonable period , as specified in the request , provide information and access to relevant data to vetted researchers who meet the requirements in paragraphs 4 of this article , for the sole purpose of conducting research that contributes to the identification and understanding of systemic risks as set out in article 26(1).


### 5. the commission shall , after consulting the board , adopt delegated acts laying down the technical conditions under which very large online platforms are to share data pursuant to paragraphs 1 and 2 and the purposes for which the data may be used. those delegated acts shall lay down the specific conditions under which such sharing of data with vetted researchers can take place in compliance with regulation (eu) 2016/679 , taking into account the rights and interests of the very large online platforms and the recipients of the service concerned , including the protection of confidential information , in particular trade secrets , and maintaining the security of their service. ### 5. the commission shall , after consulting the board , adopt delegated acts laying down the technical conditions under which very large online platforms are to share data pursuant to paragraphs 1 and 2 and the purposes for which the data may be used. the delegated acts should also lay out the technical conditions needed to ensure confidentiality and security of information by the vetted researchers once they acquire access to the data , including guidelines for academics who wish to publish findings based on the confidential data acquired. those delegated acts shall lay down the specific conditions under which such sharing of data with vetted researchers can take place in compliance with regulation (eu) 2016/679 , taking into account the rights and interests of the very large online platforms and the recipients of the service concerned , including the protection of confidential information , in particular trade secrets , and maintaining the security of their service.


### 1. very large online platforms shall publish the reports referred to in article 13 within six months from the date of application referred to in article 25(4) , and thereafter every six months. ### 1. very large online platforms shall publish the reports referred to in article 13 within six months from the date of application referred to in article 25(4) , and thereafter every six months. the reports shall include information disaggregated by member state and provide information on the human and technical resources allocated for the purpose of content moderation for each official language of the union.


### 2. where significant systemic risk within the meaning of article 26(1) emerge and concern several very large online platforms , the commission may invite the very large online platforms concerned , other very large online platforms , other online platforms and other providers of intermediary services , as appropriate , as well as civil society organisations and other interested parties , to participate in the drawing up of codes of conduct , including by setting out commitments to take specific risk mitigation measures , as well as a regular reporting framework on any measures taken and their outcomes. ### 2. where significant systemic risk within the meaning of article 26(1) in relation to the dissemination of illegal content emerge and concern several very large online platforms , the commission may invite the very large online platforms concerned , other very large online platforms , other online platforms and other providers of intermediary services , as appropriate , as well as civil society organisations and other interested parties , to participate in the drawing up of codes of conduct , including by setting out commitments to take specific risk mitigation measures , as well as a regular reporting framework on any measures taken and their outcomes.


### 2. where significant systemic risk within the meaning of article 26(1) emerge and concern several very large online platforms , the commission may invite the very large online platforms concerned , other very large online platforms , other online platforms and other providers of intermediary services , as appropriate , as well as civil society organisations and other interested parties , to participate in the drawing up of codes of conduct , including by setting out commitments to take specific risk mitigation measures , as well as a regular reporting framework on any measures taken and their outcomes. ### 2. where significant systemic risk within the meaning of article 26(1) emerge and concern several very large online platforms , the commission may invite the very large online platforms concerned , other very large online platforms , other online platforms and other providers of intermediary services , as appropriate , as well as civil society organisations and other relevant stakeholders , to participate in the drawing up of codes of conduct , including by setting out commitments to take specific risk mitigation measures , as well as a regular reporting framework on any measures taken and their outcomes.


### 2. where significant systemic risk within the meaning of article 26(1) emerge and concern several very large online platforms , the commission may invite the very large online platforms concerned , other very large online platforms , other online platforms and other providers of intermediary services , as appropriate , as well as civil society organisations and other interested parties , to participate in the drawing up of codes of conduct , including by setting out commitments to take specific risk mitigation measures , as well as a regular reporting framework on any measures taken and their outcomes. ### 2. where significant systemic risk within the meaning of article 26(1)(a) [concerning the dissemination of illegal content] emerge and concern several very large online platforms , the commission may invite the very large online platforms concerned , other very large online platforms , other online platforms and other providers of intermediary services , as appropriate , as well as civil society organisations and other interested parties , to participate in the drawing up of codes of conduct , including by setting out commitments to take specific risk mitigation measures , as well as a regular reporting framework on any measures taken and their outcomes.


### 3. when giving effect to paragraphs 1 and 2 , the commission and the board shall aim to ensure that the codes of conduct clearly set out their objectives , contain key performance indicators to measure the achievement of those objectives and take due account of the needs and interests of all interested parties , including citizens , at union level. the commission and the board shall also aim to ensure that participants report regularly to the commission and their respective digital service coordinators of establishment on any measures taken and their outcomes , as measured against the key performance indicators that they contain. ### 3. when giving effect to paragraphs 1 and 2 , the commission and the board shall aim to ensure that the codes of conduct clearly set out their objectives in relation to the dissemination of illegal content , contain key performance indicators to measure the achievement of those objectives and take due account of the needs and interests of the relevant stakeholders , including citizens , at union level. the commission and the board shall also aim to ensure that participants report regularly to the commission and their respective digital service coordinators of establishment on any measures taken and their outcomes , as measured against the key performance indicators that they contain.


### 3. when giving effect to paragraphs 1 and 2 , the commission and the board shall aim to ensure that the codes of conduct clearly set out their objectives , contain key performance indicators to measure the achievement of those objectives and take due account of the needs and interests of all interested parties , including citizens , at union level. the commission and the board shall also aim to ensure that participants report regularly to the commission and their respective digital service coordinators of establishment on any measures taken and their outcomes , as measured against the key performance indicators that they contain. ### 3. when giving effect to paragraphs 1 and 2 , the commission and the board shall aim to ensure that the codes of conduct clearly set out their objectives concerning the dissemination of illegal content , contain key performance indicators to measure the achievement of those objectives and take due account of the needs and interests of all interested parties , including citizens , at union level. the commission and the board shall also aim to ensure that participants report regularly to the commission and their respective digital service coordinators of establishment on any measures taken and their outcomes , as measured against the key performance indicators that they contain.


### (30) orders to act against illegal content or to provide information should be issued in compliance with union law , in particular regulation (eu) 2016/679 and the prohibition of general obligations to monitor information or to actively seek facts or circumstances indicating illegal activity laid down in this regulation. the conditions and requirements laid down in this regulation which apply to orders to act against illegal content are without prejudice to other union acts providing for similar systems for acting against specific types of illegal content , such as regulation (eu) …/…. [proposed regulation addressing the dissemination of terrorist content online] , or regulation (eu) 2017/2394 that confers specific powers to order the provision of information on member state consumer law enforcement authorities , whilst the conditions and requirements that apply to orders to provide information are without prejudice to other union acts providing for similar relevant rules for specific sectors. those conditions and requirements should be without prejudice to retention and preservation rules under applicable national law , in conformity with union law and confidentiality requests by law enforcement authorities related to the non-disclosure of information. ### (30) orders to act against illegal content or to provide information should be issued in compliance with union law , in particular regulation (eu) 2016/679 , the recently adopted regulation of the european parliament and of the council on a temporary derogation from certain provisions of directive 2002/58/ec of the european parliament and of the council as regards the use of technologies by number-independent interpersonal communications service providers for the processing of personal and other data for the purpose of combatting child sexual abuse online and the prohibition of general obligations to monitor information or to actively seek facts or circumstances indicating illegal activity laid down in this regulation. member states should ensure that the competent authorities fulfil their tasks in an objective , independent and non-discriminatory manner. the conditions and requirements laid down in this regulation which apply to orders to act against illegal content are without prejudice to other union acts providing for similar systems for acting against specific types of illegal content , such as regulation (eu) 2021/784 addressing the dissemination of terrorist content online , the recently adopted regulation of the european parliament and of the council on a temporary derogation from certain provisions of directive 2002/58/ec of the european parliament and of the council as regards the use of technologies by number-independent interpersonal communications service providers for the processing of personal and other data for the purpose of combatting child sexual abuse online or regulation (eu) 2017/2394 that confers specific powers to order the provision of information on member state consumer law enforcement authorities , whilst the conditions and requirements that apply to orders to provide information are without prejudice to other union acts providing for similar relevant rules for specific sectors. those conditions and requirements should be without prejudice to retention and preservation rules under applicable national law , in conformity with union law and confidentiality requests by law enforcement authorities related to the non-disclosure of information.


### regulation (eu) …/…. on preventing the dissemination of terrorist content online [tco once adopted]; ### regulation (eu) 2021/784 on addressing the dissemination of terrorist content online;


### ‘illegal content’ means any information , , which , in itself or by its reference to an activity , including the sale of products or provision of services is not in compliance with union law or the law of a member state , irrespective of the precise subject matter or nature of that law; ### ‘illegal content’ means any information , , which , in itself or by its reference to an activity , including the sale of products or provision of services is manifestly not in compliance with union law or the law of a member state , irrespective of the precise subject matter or nature of that law; reporting or warning of an illegal act shall not be deemed illegal content;


### ‘illegal content’ means any information , , which , in itself or by its reference to an activity , including the sale of products or provision of services is not in compliance with union law or the law of a member state , irrespective of the precise subject matter or nature of that law; ### ‘illegal content’ means any information , , which , in itself or through the sale of products or provision of services is not in compliance with union law or the law of a member state , irrespective of the precise subject matter or nature of that law;


### terms and conditions ### terms and conditions , code of conduct


### decisions to suspend or terminate the provision of the service , in whole or in part , to the recipients; ### decisions to suspend or terminate or not to suspend or terminate the provision of the service , in whole or in part , to the recipients;


### article 29 ### deleted


### the content moderation engaged in at the providers’ own initiative , including the number and type of measures taken that affect the availability , visibility and accessibility of information provided by the recipients of the service and the recipients’ ability to provide information , categorised by the type of reason and basis for taking those measures; ### the content moderation engaged in through the provider's voluntary own-initiative investigations as per article 6 , including the number and type of measures taken that affect the availability , visibility and accessibility of information provided by the recipients of the service and the recipients’ ability to provide information , categorised by the type of reason and basis for taking those measures;


### [...] ### deleted


### 4. providers of hosting services shall publish the decisions and the statements of reasons , referred to in paragraph 1 in a publicly accessible database managed by the commission. that information shall not contain personal data. ### 4. paragraphs 2 , 3 and 4 shall not apply to providers of intermediary services that qualify as micro or small enterprises within the meaning of the annex to recommendation 2003/361/ec. in addition , those paragraphs shall not apply to enterprises that previously qualified for the status of a micro or small enterprise within the meaning of the annex to recommendation 2003/361/ec during the twelve months following their loss of that status.


### 4. providers of hosting services shall publish the decisions and the statements of reasons , referred to in paragraph 1 in a publicly accessible database managed by the commission. that information shall not contain personal data. ### deleted


### the intention of the recipient , individual , entity or complainant. ### where identifiable , the intention of the recipient , individual , entity or complainant.


### 2. where the online platform cannot identify with reasonable certainty the member state concerned , it shall inform the law enforcement authorities of the member state in which it is established or has its legal representative or inform europol. ### 2. where the online platform cannot identify with reasonable certainty the member state concerned , it shall inform the law enforcement authorities of the member state in which it has its main establishment or its legal representative and also transmit the information to europol for appropriate follow up.


### 2. where the online platform cannot identify with reasonable certainty the member state concerned , it shall inform the law enforcement authorities of the member state in which it is established or has its legal representative or inform europol. ### 2. where the online platform cannot identify with reasonable certainty the member state concerned , it shall inform the law enforcement authorities of the member state in which it is has its main establishment or has its legal representative or and also transmit this information to europol for appropriate follow-up.


### the name , address , telephone number and electronic mail address of the economic operator , within the meaning of article 3(13) and article 4 of regulation (eu) 2019/1020 of the european parliament and the council51 or any relevant act of union law; ### to the extent the contract relates to products that are subject to the union regulations listed in article 4(5) of regulation (eu) 2019/1020 of the european parliament and the council , the name , address , telephone number and electronic mail address of the economic operator established in the union , referred to in article 4(1) of regulation (eu) 2019/1020 of the european parliament and the council51


### the name , address , telephone number and electronic mail address of the economic operator , within the meaning of article 3(13) and article 4 of regulation (eu) 2019/1020 of the european parliament and the council51 or any relevant act of union law; ### to the extent the contract relates to products that are subject to the union regulations listed in article 4(5) of regulation (eu) 2019/1020 of the european parliament and the council , the name , address , telephone number and electronic mail address of the economic operator , established in the union , referred to in article 4(1) of regulation (eu) 2019/1020 of the european parliament and the council or any relevant act of union law;


### article 24 ### deleted


### (69) the rules on codes of conduct under this regulation could serve as a basis for already established self-regulatory efforts at union level , including the product safety pledge , the memorandum of understanding against counterfeit goods , the code of conduct against illegal hate speech as well as the code of practice on disinformation. in particular for the latter , the commission will issue guidance for strengthening the code of practice on disinformation as announced in the european democracy action plan. ### (69) the rules on codes of conduct under this regulation could serve as a basis for already established self-regulatory efforts at union level , including the product safety pledge , the memorandum of understanding against counterfeit goods , the code of conduct against illegal hate speech.


### — a significant number of users in one or more member states; or ### — a significant number of users in relation to their population in one or more member states; or


### additional online advertising transparency ### additional online advertising transparency for advertisements related to public welfare


### 1. very large online platforms shall provide the digital services coordinator of establishment or the commission , upon their reasoned request and within a reasonable period , specified in the request , access to data that are necessary to monitor and assess compliance with this regulation. that digital services coordinator and the commission shall only use that data for those purposes. ### 1. very large online platforms shall provide the digital services coordinator of establishment or the commission , upon their reasoned request and within a reasonable period , specified in the request , provide information and access to data that are necessary to properly monitor and assess compliance with this regulation. that digital services coordinator and the commission shall only use that data for those purposes.


### 3. very large online platforms shall provide access to data pursuant to paragraphs 1 and 2 through online databases or application programming interfaces , as appropriate. ### 3. very large online platforms shall provide access to data pursuant to paragraphs 1 and 2 for a limited time and through online databases or application programming interfaces , as appropriate.


### transmission of data between advertising intermediaries in support of transparency obligations pursuant to points (b) and (c) of article 24. ### deleted


### the power to adopt interim measures to avoid the risk of serious harm. ### the power to proportionate adopt interim measures to avoid the risk of serious harm.


### 1. member states shall lay down the rules on penalties applicable to infringements of this regulation by providers of intermediary services under their jurisdiction and shall take all the necessary measures to ensure that they are implemented in accordance with article 41. ### 1. member states shall lay down the rules on penalties including administrative fines applicable to infringements of this regulation by providers of intermediary services under their jurisdiction and shall take all the necessary measures to ensure that they are properly and effectively implemented in accordance with article 41.


### 2. penalties shall be effective , proportionate and dissuasive. member states shall notify the commission of those rules and of those measures and shall notify it , without delay , of any subsequent amendments affecting them. ### 2. penalties shall be effective , proportionate and dissuasive. they shall take into particular account the interest of small scale providers and start ups and their economic viability. member states shall notify the commission of those rules and of those measures and shall notify it , without delay , of any subsequent amendments affecting them.


### 1. in the context of proceedings which may lead to the adoption of a decision of non-compliance pursuant to article 58(1) , where there is an urgency due to the risk of serious damage for the recipients of the service , the commission may , by decision , order interim measures against the very large online platform concerned on the basis of a prima facie finding of an infringement. ### 1. in the context of proceedings which may lead to the adoption of a decision of non-compliance pursuant to article 58(1) , where there is an urgency due to the risk of serious damage for the recipients of the service , the commission may , by decision , order proportionate interim measures against the very large online platform concerned on the basis of a prima facie finding of an infringement.


### 1. for the purposes of carrying out the tasks assigned to it under this section , the commission may take the necessary actions to monitor the effective implementation and compliance with this regulation by the very large online platform concerned. the commission may also order that platform to provide access to , and explanations relating to , its databases and algorithms. ### 1. for the purposes of carrying out the tasks assigned to it under this section , the commission may take the necessary actions to monitor the effective implementation and compliance with this regulation by the very large online platform concerned. the commission may also order that platform to provide explanations relating to , and , where necessary access to its databases and algorithms.


### 1. for the purposes of carrying out the tasks assigned to it under this section , the commission may take the necessary actions to monitor the effective implementation and compliance with this regulation by the very large online platform concerned. the commission may also order that platform to provide access to , and explanations relating to , its databases and algorithms. ### 1. for the purposes of carrying out the tasks assigned to it under this section , the commission may take the necessary actions to monitor the effective implementation and compliance with this regulation by the very large online platform concerned. the commission may also order that platform to provide access to , and explanations relating to , its databases and algorithms , without prejudice to directive (eu) 2016/943 on trade secrets.


### 2. the commission may by decision impose on the very large online platform concerned or other person referred to in article 52(1) fines not exceeding 1% of the total turnover in the preceding financial year , where they intentionally or negligently: ### 2. the commission may by decision and in compliance with the proportionality principle impose on the very large online platform concerned or other person referred to in article 52(1) fines not exceeding 1% of the total turnover in the preceding financial year , where they intentionally or negligently:


### 2. the delegation of power referred to in articles 23 , 25 , and 31 shall be conferred on the commission for an indeterminate period of time from [date of expected adoption of the regulation]. ### 2. the delegation of power referred to in articles 23 and 31 shall be conferred on the commission for an indeterminate period of time from [date of expected adoption of the regulation].


### 3. the delegation of power referred to in articles 23 , 25 and 31 may be revoked at any time by the european parliament or by the council. a decision of revocation shall put an end to the delegation of power specified in that decision. it shall take effect the day following that of its publication in the official journal of the european union or at a later date specified therein. it shall not affect the validity of any delegated acts already in force. ### 3. the delegation of power referred to in articles 23 and 31 may be revoked at any time by the european parliament or by the council. a decision of revocation shall put an end to the delegation of power specified in that decision. it shall take effect the day following that of its publication in the official journal of the european union or at a later date specified therein. it shall not affect the validity of any delegated acts already in force.


### 5. a delegated act adopted pursuant to articles 23 , 25 and 31 shall enter into force only if no objection has been expressed by either the european parliament or the council within a period of three months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object. that period shall be extended by three months at the initiative of the european parliament or of the council. ### 5. a delegated act adopted pursuant to articles 23 and 31 shall enter into force only if no objection has been expressed by either the european parliament or the council within a period of three months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object. that period shall be extended by three months at the initiative of the european parliament or of the council.


### 2. the status of trusted flaggers under this regulation shall be awarded , upon application by any entities , by the digital services coordinator of the member state in which the applicant is established , where the applicant has demonstrated to meet all of the following conditions: ### 2. the status of trusted flaggers under this regulation shall be awarded , upon application by any entities , by the commission or by the digital services coordinator of the member state in which the applicant is established , where the applicant has demonstrated to meet all of the following conditions:


### a copy of the identification document of the trader or any other electronic identification as defined by article 3 of regulation (eu) no 910/2014 of the european parliament and of the council50 ; ### a passport or a copy of the identification document of the trader or any other electronic identification as defined by article 3 of regulation (eu) no 910/2014 of the european parliament and of the council50 ;


### 2. the commission shall adopt delegated acts in accordance with article 69 to adjust the number of average monthly recipients of the service in the union referred to in paragraph 1 , where the union’s population increases or decreases at least with 5 % in relation to its population in 2020 or , after adjustment by means of a delegated act , of its population in the year in which the latest delegated act was adopted. in that case , it shall adjust the number so that it corresponds to 10% of the union’s population in the year in which it adopts the delegated act , rounded up or down to allow the number to be expressed in millions. ### 2. the commission should be able to update this regulation through legislative acts in accordance with article 294 of tfeu. such revisions may be necessary to adjust the number of average monthly recipients of the service in the union referred to in paragraph 1 , where the union’s population increases or decreases at least with 5 % in relation to its population in 2020 or , after adjustment by means of a legislative act , of its population in the year in which the latest legislative act was adopted. in that case , it shall adjust the number so that it corresponds to 10% of the union’s population in the year in which it adopts the legislative act , rounded up or down to allow the number to be expressed in millions.


### are independent from the very large online platform concerned; ### are independent from the very large online platform concerned and have not provided any other service to the platform in the previous 12 months;


### are independent from the very large online platform concerned; ### are independent from the very large online platform concerned and have not provided any other service to the platform in the previous 12 months.


### have proven objectivity and professional ethics , based in particular on adherence to codes of practice or appropriate standards. ### have proven objectivity and professional ethics , based in particular on adherence to codes of practice or appropriate standards;


### where the audit opinion is not positive , operational recommendations on specific measures to achieve compliance. ### where the audit opinion is negative , operational recommendations on specific measures to achieve compliance and risk-based remediation timelines with a focus on rectifying issues that have the potential to cause most harm to users of the service as a priority;


### where the audit opinion is not positive , operational recommendations on specific measures to achieve compliance. ### where the audit opinion is negative , recommendations on specific measures to achieve compliance and risk-based remediation timelines with a focus on rectifying issues that have the potential to cause most harm to users of the service as a priority.


### (27) since 2000 , new technologies have emerged that improve the availability , efficiency , speed , reliability , capacity and security of systems for the transmission and storage of data online , leading to an increasingly complex online ecosystem. in this regard , it should be recalled that providers of services establishing and facilitating the underlying logical architecture and proper functioning of the internet , including technical auxiliary functions , can also benefit from the exemptions from liability set out in this regulation , to the extent that their services qualify as ‘mere conduits’ , ‘caching’ or hosting services. such services include , as the case may be , wireless local area networks , domain name system (dns) services , top–level domain name registries , certificate authorities that issue digital certificates , or content delivery networks , that enable or improve the functions of other providers of intermediary services. likewise , services used for communications purposes , and the technical means of their delivery , have also evolved considerably , giving rise to online services such as voice over ip , messaging services and web-based e-mail services , where the communication is delivered via an internet access service. those services , too , can benefit from the exemptions from liability , to the extent that they qualify as ‘mere conduit’ , ‘caching’ or hosting service. ### (27) since 2000 , new technologies have emerged that improve the availability , efficiency , speed , reliability , capacity and security of systems for the transmission and storage of data online , leading to an increasingly complex online ecosystem. in this regard , it should be recalled that providers of services establishing and facilitating the underlying logical architecture and proper functioning of the internet , including technical auxiliary functions , can also benefit from the exemptions from liability set out in this regulation , to the extent that their services qualify as ‘mere conduits’ , ‘caching’ or hosting services. such services include , as the case may be , wireless local area networks , domain name system (dns) services , top–level domain name registries , certificate authorities that issue digital certificates , or content delivery networks , that enable or improve the functions of other providers of intermediary services , cloud services or search engines. likewise , services used for communications purposes , and the technical means of their delivery , have also evolved considerably , giving rise to online services such as voice over ip , messaging services and web-based e-mail services , where the communication is delivered via an internet access service. those services , too , can benefit from the exemptions from liability , where they qualify as ‘mere conduit’ , ‘caching’ or hosting service.


### (31) the territorial scope of such orders to act against illegal content should be clearly set out on the basis of the applicable union or national law enabling the issuance of the order and should not exceed what is strictly necessary to achieve its objectives. in that regard , the national judicial or administrative authority issuing the order should balance the objective that the order seeks to achieve , in accordance with the legal basis enabling its issuance , with the rights and legitimate interests of all third parties that may be affected by the order , in particular their fundamental rights under the charter. in addition , where the order referring to the specific information may have effects beyond the territory of the member state of the authority concerned , the authority should assess whether the information at issue is likely to constitute illegal content in other member states concerned and , where relevant , take account of the relevant rules of union law or international law and the interests of international comity. ### (31) the territorial scope of such orders to act against illegal content should be clearly set out on the basis of the applicable union or national law enabling the issuance of the order and should not exceed what is strictly necessary to achieve its objectives. in that regard , the national judicial or administrative authority issuing the order should balance the objective that the order seeks to achieve , in accordance with the legal basis enabling its issuance , with the rights and legitimate interests of all third parties that may be affected by the order , in particular their fundamental rights under the charter.


### (54) very large online platforms may cause societal risks , different in scope and impact from those caused by smaller platforms. once the number of recipients of a platform reaches a significant share of the union population , the systemic risks the platform poses have a disproportionately negative impact in the union. such significant reach should be considered to exist where the number of recipients exceeds an operational threshold set at 45 million , that is , a number equivalent to 10% of the union population. the operational threshold should be kept up to date through amendments enacted by delegated acts , where necessary. such very large online platforms should therefore bear the highest standard of due diligence obligations , proportionate to their societal impact and means. ### (54) very large online platforms may cause societal risks , different in scope and impact from those caused by smaller platforms. once the number of recipients of a platform reaches a significant share of the union population , the systemic risks the platform poses have a disproportionately negative impact in the union. such significant reach should be considered to exist where the number of recipients exceeds an operational threshold set at 45 million , that is , a number equivalent to 10% of the union population. the operational threshold should be kept up to date through amendments enacted by legislative acts , where necessary. such very large online platforms should therefore bear the highest standard of due diligence obligations , proportionate to their societal impact and means. provisions should also exist for member states to request for the commission to assess if an online platform that does not meet the threshold of 45 million active monthly users may still cause significant and systemic societal risks. while an online platform may not meet the quantitative criteria to be designated as a very large online platform , it may meet qualitative criteria. in such cases , the digital services coordinator of establishment may require the online platform to fulfil part of the obligations set out in section 4 for a limited number of time until the risk has abated.


### (100) compliance with the relevant obligations imposed under this regulation should be enforceable by means of fines and periodic penalty payments. to that end , appropriate levels of fines and periodic penalty payments should also be laid down for non-compliance with the obligations and breach of the procedural rules , subject to appropriate limitation periods. ### (100) compliance with the relevant obligations imposed under this regulation should be enforceable by means of fines and periodic penalty payments. to that end , appropriate levels of fines and periodic penalty payments should also be laid down for systemic non-compliance with the relevant obligations and breach of the procedural rules , subject to appropriate limitation periods. a systematic infringement is a pattern of online harm that , when the individual harms are added up , constitutes an aggregation of systemic harm to active recipients of the service across three or more eu member states.


### [...] ### deleted


### where the trader fails to correct or complete that information , the online platform shall suspend the provision of its service to the trader until the request is complied with. ### where the trader fails to correct or complete that information , the provider of intermediary services shall suspend the provision of its service to the trader until the request is complied with.


### 7. for each gatekeeper identified pursuant to paragraph 4 or paragraph 6 , the commission shall identify the relevant undertaking to which it belongs and list the relevant core platform services that are provided within that same undertaking and which individually serve as an important gateway for business users to reach end users as referred to in paragraph 1(b). ### 7. for each gatekeeper identified pursuant to paragraph 4 or paragraph 6 , the commission shall within 3 months identify the relevant undertaking to which it belongs and list the relevant core platform services that are provided within that same undertaking and which individually serve as an important gateway for business users to reach end users as referred to in paragraph 1(b).


### 7. for each gatekeeper identified pursuant to paragraph 4 or paragraph 6 , the commission shall identify the relevant undertaking to which it belongs and list the relevant core platform services that are provided within that same undertaking and which individually serve as an important gateway for business users to reach end users as referred to in paragraph 1(b). ### 7. for each gatekeeper identified pursuant to paragraph 4 or paragraph 6 , the commission shall identify the relevant undertaking to which it belongs and list the relevant core platform services that are provided within that same undertaking and which individually serve as an important gateway for business users to reach end users as referred to in paragraph 1(b).


### 7. for each gatekeeper identified pursuant to paragraph 4 or paragraph 6 , the commission shall identify the relevant undertaking to which it belongs and list the relevant core platform services that are provided within that same undertaking and which individually serve as an important gateway for business users to reach end users as referred to in paragraph 1(b). ### 7. for each gatekeeper identified pursuant to paragraph 4 or paragraph 6 , the commission shall identify the relevant undertaking to which it belongs and list the relevant core platform services that are provided within that same undertaking and which individually serve as an important gateway for business users to reach end users as referred to in paragraph 1(b) and taking into account the elements in paragraph 6. the commission shall specify , for each listed core platform service , the relevant obligations from article 5 and 6 , binding for the gatekeeper , that are technically adequate and necessary to comply with paragraph 1 of article 1.


### 8. the gatekeeper shall comply with the obligations laid down in articles 5 and 6 within six months after a core platform service has been included in the list pursuant to paragraph 7 of this article. ### 8. the gatekeeper shall comply with the obligations laid down in article 5 within six months after a core platform service has been included in the list pursuant to paragraph 7 of this article. at the same time , the commission may by decision impose obligations pursuant to article 6.


### 8. the gatekeeper shall comply with the obligations laid down in articles 5 and 6 within six months after a core platform service has been included in the list pursuant to paragraph 7 of this article. ### 8. the gatekeeper shall comply with the obligations laid down in articles 5 and 6 as soon as possible and in any case no later than four months after a core platform service has been included in the list pursuant to paragraph 7 of this article.


### 8. the gatekeeper shall comply with the obligations laid down in articles 5 and 6 within six months after a core platform service has been included in the list pursuant to paragraph 7 of this article. ### 8. the gatekeeper shall comply with the obligations laid down in articles 5 and 6 within three months after a core platform service has been included in the list pursuant to paragraph 7 of this article.


### 8. the gatekeeper shall comply with the obligations laid down in articles 5 and 6 within six months after a core platform service has been included in the list pursuant to paragraph 7 of this article. ### 8. the gatekeeper shall comply with the obligations laid down in articles 5 and 6 within four months after a core platform service has been included in the list pursuant to paragraph 7 of this article.


### 8. the gatekeeper shall comply with the obligations laid down in articles 5 and 6 within six months after a core platform service has been included in the list pursuant to paragraph 7 of this article. ### 8. the gatekeeper shall comply with the relevant obligations laid down in articles 5 within four months after a core platform service has been included in the list pursuant to paragraph 7 of this article and relevant obligations laid down in article 6 within four months after a core platform service has been included in the list pursuant to paragraph 7 of this article and the relevant obligations of article 6 are further specified in according with article 7.


### 2. the commission shall regularly , and at least every 2 years , review whether the designated gatekeepers continue to satisfy the requirements laid down in article 3(1) , or whether new providers of core platform services satisfy those requirements. the regular review shall also examine whether the list of affected core platform services of the gatekeeper needs to be adjusted. ### 2. the commission shall regularly , at least every 2 years , and at the request based on the first subparagraph of the designated gatekeeper , review whether the designated gatekeepers continue to satisfy the requirements laid down in article 3(1) , or whether new providers of core platform services satisfy those requirements. the regular review shall also examine whether the list of affected core platform services of the gatekeeper needs to be adjusted.


### 2. the commission shall regularly , and at least every 2 years , review whether the designated gatekeepers continue to satisfy the requirements laid down in article 3(1) , or whether new providers of core platform services satisfy those requirements. the regular review shall also examine whether the list of affected core platform services of the gatekeeper needs to be adjusted. ### 2. the commission shall regularly , and at least every 3 years , review whether the designated gatekeepers continue to satisfy the requirements laid down in article 3(1) , or whether new providers of core platform services satisfy those requirements. the regular review shall also examine whether the list of affected core platform services of the gatekeeper needs to be adjusted.


### 3. the commission shall publish and update the list of gatekeepers and the list of the core platform services for which they need to comply with the obligations laid down in articles 5 and 6 on an on-going basis. ### 3. the commission shall publish and update the list of gatekeepers and the list of the core platform services for which they need to comply with the obligations laid down in articles 5 and 6 on an on-going basis and at least every two years.


### in respect of each of its core platform services identified pursuant to article 3(7) , a gatekeeper shall: ### in respect of each of its core platform and ancillary services identified pursuant respectively to article 3(7) , and article 2(14) a gatekeeper shall:


### in respect of each of its core platform services identified pursuant to article 3(7) , a gatekeeper shall: ### in respect of each of its core platform services and ancillary services as identified , respectively , in article 3(7) and in article 2 (paragraph 1 , point 14) , a gatekeeper shall:


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


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


### refrain from combining personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper or with personal data from third-party services , and from signing in end users to other services of the gatekeeper in order to combine personal data , unless the end user has been presented with the specific choice and provided consent in the sense of regulation (eu) 2016/679. ; ### deleted


### refrain from combining personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper or with personal data from third-party services , and from signing in end users to other services of the gatekeeper in order to combine personal data , unless the end user has been presented with the specific choice and provided consent in the sense of regulation (eu) 2016/679. ; ### refrain from combining personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper or with personal data from third-party services , and from signing in end users to other services of the gatekeeper in order to combine personal data without prejudice to the disclosure of data to third parties that have been mandated by one or several business users to provide independent audience measurement in view of ensuring transparency over market shares and to uphold prevailing general and/or public interests and in accordance with the special rules and exemptions provided for these purposes. ;


### refrain from combining personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper or with personal data from third-party services , and from signing in end users to other services of the gatekeeper in order to combine personal data , unless the end user has been presented with the specific choice and provided consent in the sense of regulation (eu) 2016/679. ; ### refrain from combining personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper or with personal data from third-party services , and from signing in end users to other services of the gatekeeper in order to combine personal data.


### refrain from combining personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper or with personal data from third-party services , and from signing in end users to other services of the gatekeeper in order to combine personal data , unless the end user has been presented with the specific choice and provided consent in the sense of regulation (eu) 2016/679. ; ### refrain from combining personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper or with personal data from third-party services , and from signing in end users to other services of the gatekeeper in order to combine personal data ,


### refrain from combining personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper or with personal data from third-party services , and from signing in end users to other services of the gatekeeper in order to combine personal data , unless the end user has been presented with the specific choice and provided consent in the sense of regulation (eu) 2016/679. ; ### refrain from combining personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper or with personal data from third-party services;


### refrain from combining personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper or with personal data from third-party services , and from signing in end users to other services of the gatekeeper in order to combine personal data , unless the end user has been presented with the specific choice and provided consent in the sense of regulation (eu) 2016/679. ; ### refrain from combining personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper or with personal data from third-party services , and from signing in end users to other services of the gatekeeper in order to combine personal data , except when disclosing data to third parties commissioned by one or more professional users to perform independent traffic analytics with a view to ensuring market share transparency and safeguarding the general and/or public interests;


### refrain from combining personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper or with personal data from third-party services , and from signing in end users to other services of the gatekeeper in order to combine personal data , unless the end user has been presented with the specific choice and provided consent in the sense of regulation (eu) 2016/679. ; ### refrain from combining personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper or with personal data from third-party services , refrain from requiring end users and business users to share data beyond what is strictly required for the functioning of the service in line with the requirements of data minimalisation under article 5 (1)(c) of regulation (eu) 2016/679 , and from signing in end users to other services of the gatekeeper in order to combine personal data , unless the end user has been presented with the specific choice and provided consent in the sense of regulation (eu) 2016/679. ;


### refrain from combining personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper or with personal data from third-party services , and from signing in end users to other services of the gatekeeper in order to combine personal data , unless the end user has been presented with the specific choice and provided consent in the sense of regulation (eu) 2016/679. ; ### refrain from combining personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper or with personal data from third-party services , and from signing in end users to other services of the gatekeeper in order to combine personal data , except when disclosing data to third parties commissioned by one or more professional users to perform independent audience measurement with a view to ensuring market share transparency and safeguarding the general and/or public interests;


### refrain from combining personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper or with personal data from third-party services , and from signing in end users to other services of the gatekeeper in order to combine personal data , unless the end user has been presented with the specific choice and provided consent in the sense of regulation (eu) 2016/679. ; ### refrain from combining personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper or with personal data from third-party services , and from signing in end users to other services of the gatekeeper in order to combine personal data;


### refrain from combining personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper or with personal data from third-party services , and from signing in end users to other services of the gatekeeper in order to combine personal data , unless the end user has been presented with the specific choice and provided consent in the sense of regulation (eu) 2016/679. ; ### refrain from combining personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper or with personal data from third-party services , and from signing in end users to other services of the gatekeeper in order to combine personal data , unless the end user has been presented with the specific choice and has provided consent in the sense of regulation (eu) 2016/679. ;


### refrain from combining personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper or with personal data from third-party services , and from signing in end users to other services of the gatekeeper in order to combine personal data , unless the end user has been presented with the specific choice and provided consent in the sense of regulation (eu) 2016/679. ; ### refrain from combining personal data sourced from these core platform services with personal data from any other services offered by the gatekeeper or with personal data from third-party services , and from signing in end users to other services of the gatekeeper in order to combine personal data , unless the end user has been presented with the specific choice and provided consent in the sense of article 6 (1)(a) of regulation (eu) 2016/679; alternatively , the gatekeeper may rely on the legal basis included under article 6 (1) of regulation (eu) 2016/679 with the exception of points (b) and (f) of article 6 (1) of regulation (eu) 2016/679;


### allow business users to offer the same products or services to end users through third party online intermediation services at prices or conditions that are different from those offered through the online intermediation services of the gatekeeper; ### refrain from applying contractual obligations that prevent business users and suppliers from offering the same products or services or the direct online sales channels they own at prices or conditions that are more favorable than those offered by the gatekeeper's online intermediation services and to offer the same products or services directly , without going through online intermediation services , at more favorable prices or conditions than those offered by the gatekeeper's online intermediation services or third parties;


### allow business users to offer the same products or services to end users through third party online intermediation services at prices or conditions that are different from those offered through the online intermediation services of the gatekeeper; ### allow business users to offer the same products or services to end users through third party online intermediation services and through business users’ own direct online sales channels at prices or conditions that are different from those offered through the online intermediation services of the gatekeeper;


### allow business users to offer the same products or services to end users through third party online intermediation services at prices or conditions that are different from those offered through the online intermediation services of the gatekeeper; ### allow business users to offer the same products or services to end users themselves or through third party online intermediation services at prices or conditions that are different from those offered through the online intermediation services of the gatekeeper;


### allow business users to offer the same products or services to end users through third party online intermediation services at prices or conditions that are different from those offered through the online intermediation services of the gatekeeper; ### allow business users and supplier to the gatekeeper’s ancillary service to offer the same products or services to end users through third party online intermediation services at prices or conditions that are different from those offered through the online intermediation services of the gatekeeper;


### allow business users to offer the same products or services to end users through third party online intermediation services at prices or conditions that are different from those offered through the online intermediation services of the gatekeeper; ### refrain from applying contractual obligations that prevent business users from offering business users from offering the same products or services to end users themselves or through third party online intermediation services at prices or conditions that are different from those offered through the online intermediation services of the gatekeeper;


### allow business users to offer the same products or services to end users through third party online intermediation services at prices or conditions that are different from those offered through the online intermediation services of the gatekeeper; ### refrain from applying contractual obligations or other means that prevent users from offering by themselves or through third party the same or different products or services as those offered through the online intermediation services of the gatekeeper and allow to offer those outside the online intermediation services of the gatekeeper , at prices or conditions that are different or the same;


### allow business users to offer the same products or services to end users through third party online intermediation services at prices or conditions that are different from those offered through the online intermediation services of the gatekeeper; ### allow business users and supplier to the gatekeeper's ancillary service to offer the same products or services to end users through third party online intermediation services at prices or conditions that are different from those offered through the online intermediation services of the gatekeeper;


### allow business users to promote offers to end users acquired via the core platform service , and to conclude contracts with these end users regardless of whether for that purpose they use the core platform services of the gatekeeper or not , and allow end users to access and use , through the core platform services of the gatekeeper , content , subscriptions , features or other items by using the software application of a business user , where these items have been acquired by the end users from the relevant business user without using the core platform services of the gatekeeper; ### allow business users to promote different offers to end users acquired via the core platform service , and to conclude contracts with these end users regardless of whether for that purpose they use the core platform services of the gatekeeper or not , and allow end users to access and use , through the core platform services of the gatekeeper , content , subscriptions , features or other items by using the software application of a business user , where these items have been acquired by the end users from the relevant business user without using the core platform services of the gatekeeper;


### allow business users to promote offers to end users acquired via the core platform service , and to conclude contracts with these end users regardless of whether for that purpose they use the core platform services of the gatekeeper or not , and allow end users to access and use , through the core platform services of the gatekeeper , content , subscriptions , features or other items by using the software application of a business user , where these items have been acquired by the end users from the relevant business user without using the core platform services of the gatekeeper; ### allow business users to promote offers to end users , and to conclude contracts with these end users regardless of whether for that purpose they use the core platform services of the gatekeeper or not , and allow end users to access and use , through the core platform services of the gatekeeper , content , subscriptions , features or other items by using the software application of a business user , where these items have been acquired by the end users from the relevant business user without using the core platform services of the gatekeeper;


### allow business users to promote offers to end users acquired via the core platform service , and to conclude contracts with these end users regardless of whether for that purpose they use the core platform services of the gatekeeper or not , and allow end users to access and use , through the core platform services of the gatekeeper , content , subscriptions , features or other items by using the software application of a business user , where these items have been acquired by the end users from the relevant business user without using the core platform services of the gatekeeper; ### allow business users to engage in in-app and out-of-app communications , including promoting the same or different offers , with end users acquired via the core platform service , including those for which the core platform service has been remunerated or through other channels , and to conclude contracts with these end users or receive payments for provided services , outside the core platform services of the gatekeeper;


### (1) digital services in general and online platforms in particular play an increasingly important role in the economy , in particular in the internal market , by providing new business opportunities in the union and facilitating cross-border trading. ### (1) digital services in general and online platforms in particular play an increasingly important role in the economy , in particular in the internal market , by providing new business opportunities in the union and facilitating cross-border trading as well as innovation development opportunities.


### (2) core platform services , at the same time , feature a number of characteristics that can be exploited by their providers. these characteristics of core platform services include among others extreme scale economies , which often result from nearly zero marginal costs to add business users or end users. other characteristics of core platform services are very strong network effects , an ability to connect many business users with many end users through the multi-sidedness of these services , a significant degree of dependence of both business users and end users , lock-in effects , a lack of multi-homing for the same purpose by end users , vertical integration , and data driven-advantages. all these characteristics combined with unfair conduct by providers of these services can have the effect of substantially undermining the contestability of the core platform services , as well as impacting the fairness of the commercial relationship between providers of such services and their business users and end users , leading to rapid and potentially far-reaching decreases in business users’ and end users’ choice in practice , and therefore can confer to the provider of those services the position of a so-called gatekeeper. ### (2) core platform services , at the same time , feature a number of characteristics that can be exploited by their providers. these characteristics of core platform services include among others extreme scale economies , which often result from nearly zero marginal costs to add business users or end users. other characteristics of core platform services are very strong network effects , an ability to connect many business users with many end users through the multi-sidedness of these services , a significant degree of dependence of both business users and end users , lock-in effects , the discouraging and lack of multi-homing for the same purpose by end users , vertical integration , and data driven-advantages. all these characteristics combined with unfair conduct by providers of these services can have the effect of substantially undermining the contestability of the core platform services , and discouraging investment in innovation for potential new operators on the market , as well as impacting the fairness of the commercial relationship between providers of such services and their business users and end users , leading to rapid and potentially far-reaching decreases in business users’ and end users’ choice in practice , and therefore can confer to the provider of those services the position of a so-called gatekeeper.


### (2) core platform services , at the same time , feature a number of characteristics that can be exploited by their providers. these characteristics of core platform services include among others extreme scale economies , which often result from nearly zero marginal costs to add business users or end users. other characteristics of core platform services are very strong network effects , an ability to connect many business users with many end users through the multi-sidedness of these services , a significant degree of dependence of both business users and end users , lock-in effects , a lack of multi-homing for the same purpose by end users , vertical integration , and data driven-advantages. all these characteristics combined with unfair conduct by providers of these services can have the effect of substantially undermining the contestability of the core platform services , as well as impacting the fairness of the commercial relationship between providers of such services and their business users and end users , leading to rapid and potentially far-reaching decreases in business users’ and end users’ choice in practice , and therefore can confer to the provider of those services the position of a so-called gatekeeper. ### (2) core platform services , at the same time , feature a number of characteristics that can be exploited by their providers. these characteristics of core platform services include among others extreme scale economies , which often result from nearly zero marginal costs to add business users or end users. other characteristics of core platform services are very strong network effects , an ability to connect many business users with many end users through the multi-sidedness of these services , a significant degree of dependence of both business users and end users , lock-in effects , a lack of multi-homing for the same purpose by end users , vertical integration , and data driven-advantages. all these characteristics combined with unfair conduct by providers of these services can have the effect of substantially undermining the contestability of the core platform services , as well as impacting the fairness of the commercial relationship between providers of such services and their business users and end users , leading to rapid and potentially far-reaching decreases in business users’ and end users’ choice in practice , and therefore can confer to the provider of those services the position of a so-called gatekeeper , depending on their size.