### passengers shall be entitled to take bicycles on board the train , where appropriate for a reasonable fee . they shall keep their bicycles under supervision during the journey and ensure that no inconvenience or damage is caused to other passengers , mobility equipment , luggage or rail operations . the carriage of bicycles may be refused or restricted for safety or operational reasons , provided that railway undertakings , ticket vendors , tour operators and , where appropriate , station managers inform passengers of the conditions for such a refusal or restriction in accordance with regulation no 454 / 2011 . ### passengers shall be entitled to take bicycles , whether assembled or not , free of charge on board the train , including on high - speed , long - distance and cross - border trains . all trains shall be equipped with a well - indicated , dedicated space for the carriage of at least 8 assembled bicycles . railway undertakings , ticket vendors , tour operators and , where appropriate , station managers shall inform passengers of the conditions for bicycle carriage on all services in accordance with regulation no 454 / 2011 .


### urban , suburban and regional rail passenger services are different in character from long - distance services . member states should therefore be allowed to exempt urban , suburban and regional rail passenger services which are not cross - border services within the union from certain provisions on passengers ' rights . ### urban and suburban rail passenger services are different in character from regional or long - distance services . member states should therefore be allowed to exempt urban and suburban rail passenger services which are not cross - border services within the union from certain provisions on passengers ' rights .


### the body shall acknowledge receipt of the complaint within two weeks of receiving it . the complaint - handling procedure shall take a maximum of three months . for complex cases , the body may , at its discretion , extend this period to six months . in such a case , it shall inform the passenger of the reasons for the extension and of the expected time needed to conclude the procedure . only cases that involve legal proceedings may take longer than six months . where the body is also an alternative dispute resolution body within the meaning of directive 2013 / 11 / eu , the time limits laid down in that directive shall prevail . ### the body shall acknowledge receipt of the complaint within two weeks of receiving it . the complaint - handling procedure shall take a maximum of three months . for complex cases , the body may , at its discretion , extend this period to six months . in such a case , it shall inform the passenger or organisation representing passengers of the reasons for the extension and of the expected time needed to conclude the procedure . only cases that involve legal proceedings may take longer than six months . where the body is also an alternative dispute resolution body within the meaning of directive 2013 / 11 / eu , the time limits laid down in that directive shall prevail and the use of online dispute resolution in accordance with regulation 524 / 2013 / eu2b may be made available with the agreement of all parties involved . __________________ 2b regulation 524 / 2013 / eu of the european parliament and of the council of 21 may 2013 on online dispute resolution for consumer disputes and amending regulation no 2006 / 2004 and directive2009 / 22 / ec .


### railway undertakings and ticket vendors shall offer tickets and , where available , through - tickets and reservations . they shall make all possible efforts to offer through - tickets , including for journeys across borders and with more than one railway undertaking . ### railway undertakings , tour operators and ticket vendors shall offer tickets , through - tickets , reservations and combinations of tickets that provide the most optimal and cost - effective journey or combined journey , including cross - border , in an impartial and non - discriminatory manner . they shall make all possible efforts to offer through - tickets , including for journeys across borders or involving night trains and journeys with more than one railway undertaking .


### the handling of complaints ; ### proper procedures for handling of complaints ;


### railway undertakings and ticket vendors shall offer tickets and , where available , through - tickets and reservations . they shall make all possible efforts to offer through - tickets , including for journeys across borders and with more than one railway undertaking . ### railway undertakings and ticket vendors shall offer tickets and , where available reservations . they shall offer through - tickets , including for journeys across borders and with more than one railway undertaking , where according to the time schedules known at the time of the purchase of the ticket , there is time for the passenger to transfer between one service to another . ticket vendors and railway undertakings shall make available to station managers , infrastructure managers , and each other the data concerning sold tickets and the related passengers in a real time basis in a non - discriminatory way , in line with the general data protection regulation 2016 / 679 .


### railway undertakings and ticket vendors offering transport contracts on behalf of one or more railway undertakings shall provide the passenger , upon request , with at least the information set out in annex ii , part i in relation to the journeys for which a transport contract is offered by the railway undertaking concerned . ticket vendors offering transport contracts on their own account , and tour operators , shall provide this information where available . ### railway undertakings , tour operators and ticket vendors offering transport contracts on their own behalf or on behalf of one or more railway undertakings shall provide the passenger with at least the information set out in annex ii , part i in relation to the journeys for which a transport contract is offered by the railway undertaking concerned .


### without prejudice to paragraphs 3 and 4 , railway undertakings and ticket vendors shall distribute tickets to passengers via at least one of the following points of sale : ### without prejudice to paragraphs 3 and 4 , railway undertakings , tour operators and ticket vendors shall distribute tickets to passengers for single and any combined or return journeys via at least one of the following points of sale :


### railway undertakings and station managers shall , with the active involvement of representative organisations of persons with disabilities and persons with reduced mobility , establish , or shall have in place , non - discriminatory access rules for the transport of persons with disabilities and persons with reduced mobility including their personal assistants . the rules shall allow the passenger to be accompanied by an assistance dog in accordance with any relevant national rules . ### railway undertakings and station managers shall , with the active involvement of representative organizations of persons with disabilities and persons with reduced mobility , establish , or shall have in place , non - discriminatory rules for barrier - free and independent access for the transport of persons with disabilities and persons with reduced mobility including their personal assistants . the rules shall allow the passenger to be accompanied by a service animal or an accompanying person , both free of charge , in accordance with any relevant national rules ; they shall ensure that rail transport for persons with disabilities and persons with reduced mobility is immediate and spontaneous wherever possible .


### on departure from , transit through or arrival at , a staffed railway station of a person with disabilities or a person with reduced mobility , the station manager or the railway undertaking or both shall provide assistance free of charge in such a way that that person is able to board the departing service , or to disembark from the arriving service for which he or she purchased a ticket , without prejudice to the access rules referred to in article 20 . ### on departure from , transit through or arrival at , a staffed railway station of a person with disabilities or a person with reduced mobility , the station manager or the railway undertaking or both shall provide assistance free of charge in such a way that that person is able to board the departing service , or to disembark from the arriving service for which he or she purchased a ticket , without prejudice to the access rules referred to in article 20 . any booking of assistance shall always be free of charge , irrespective of the method of communication used .


### the compensation referred to in paragraph 1 shall be equal to the cost of replacement or repair of the equipment or devices lost or damaged . ### the compensation for loss or damage referred to in paragraph 1 shall be paid within one month of submission of a claim and be equal to the cost of replacement based on the actual value , or on the full costs of repair , of the wheelchair , equipment , devices lost or damaged or the loss or injury of the service animal . the compensation shall also include the cost of temporary replacement in case of repair , when those costs are borne by the passenger .


### if the railway service cannot be continued anymore , railway undertakings shall organise as soon as possible alternative transport services for passengers . ### if the railway service cannot be continued anymore , railway undertakings shall organise as soon as possible alternative accessible transport services for passengers .


### railway undertakings and ticket vendors offering transport contracts on behalf of one or more railway undertakings shall provide the passenger , upon request , with at least the information set out in annex ii , part i in relation to the journeys for which a transport contract is offered by the railway undertaking concerned . ticket vendors offering transport contracts on their own account , and tour operators , shall provide this information where available . ### railway undertakings and ticket vendors offering transport contracts on behalf of one or more railway undertakings shall provide the passenger with at least the information set out in annex ii , part i in relation to the journeys for which a transport contract is offered by the railway undertaking concerned . ticket vendors offering transport contracts on their own account , and tour operators , shall provide this information where available .


### the information referred to in paragraphs 1 and 2 shall be provided in the most appropriate format including by using up - to - date communication technologies . particular attention shall be paid to ensuring that this information is accessible to persons with disabilities in accordance with the accessibility requirements laid down in directive xxx and regulation 454 / 2011 . ### the information referred to in paragraphs 1 and 2 shall be provided using easily - accessible , commonly used and real - time up - to - date communication technologies , including non - proprietary technologies . this information shall be accessible to persons with disabilities in accordance with the accessibility requirements laid down in directive xxx and regulation 454 / 2011 .


### meals and refreshments in reasonable relation to the waiting time , if they are available on the train or in the station , or can reasonably be supplied taking into account criteria such as the distance from the supplier , the time required for delivery and the cost ; ### meals and refreshments in reasonable relation to the waiting time , if they are available on the train or in the station , or can reasonably be supplied ;


### the increasing popularity of cycling across the union has implications for overall mobility and tourism . an increase in the use of both railways and cycling in the modal split reduces the environmental impact of transport . therefore , railway undertakings should facilitate the combination of cycling and train journeys as much as possible , in particular by allowing the carriage of bicycles on board trains . ### the increasing popularity of cycling across the union has implications for overall mobility and tourism . an increase in the use of both railways and cycling in the modal split reduces the environmental impact of transport . therefore , railway undertakings should facilitate the combination of cycling and train journeys . in particular by providing mandatory bicycle stands for the carriage of assembled bicycles on board of all kinds of passenger trains , including on high - speed , long - distance and cross - border journeys .


### in addition to the obligations on railway undertakings pursuant to article 13a of directive 2012 / 34 / eu , the station manager of a railway station handling at least 10 000 passengers per day on average over a year shall ensure that the operations of the station , the railway undertakings and the infrastructure manager are coordinated through a proper contingency plan in order to prepare for the possibility of major disruption and long delays leading to a considerable number of passengers being stranded in the station . the plan shall ensure that stranded passengers are provided with adequate assistance and information , including in accessible formats in accordance with the accessibility requirements laid down in directive xxx . upon request , the station manager shall make the plan , and any amendments to it , available to the national enforcement body or to any other body designated by a member state . station managers of railway stations handling fewer than 10 000 passengers per day on average over a year shall make all reasonable efforts to coordinate station users and to assist and inform stranded passengers in such situations . ### in addition to the obligations on railway undertakings pursuant to article 13a of directive2012 / 34 / eu , the station manager of a railway station handling at least 10 000 passengers per day on average over a year shall ensure that the operations of the station , the railway undertakings and the infrastructure manager are coordinated through a proper contingency plan in order to prepare for the possibility of major disruption and delays leading to a considerable number of passengers being stranded in the station . the plan shall pay particular attention to the needs of persons with disabilities and persons with reduced mobility and shall ensure that stranded passengers are provided with adequate assistance and information , including in accessible formats in accordance with the accessibility requirements laid down in directive xxx . the plan shall also include requirements for the accessibility of alert and information systems . upon request , the station manager shall make the plan , and any amendments to it , available to the national enforcement body or to any other body designated by a member state . station managers of railway stations handling fewer than 10000 passengers per day on average over a year shall make all reasonable efforts to coordinate station users and to assist and inform stranded passengers in such situations .


### the national enforcement bodies shall closely monitor compliance with this regulation and take the measures necessary to ensure that the rights of passengers are upheld . for this purpose , railway undertakings , station managers and infrastructure managers shall provide the bodies with relevant documents and information at their request . in carrying out their functions , the bodies shall take account of the information submitted to them by the body designated under article 33 to handle complaints , if this is a different body . they may also decide on enforcement actions based on individual complaints transmitted by such a body . ### the national enforcement bodies shall closely monitor compliance with this regulation and take the measures necessary to ensure that the rights of passengers are upheld . for this purpose , railway undertakings , station managers and infrastructure managers shall provide the bodies with relevant documents and information at their request without delay and in any event within one month . in carrying out their functions , the bodies shall take account of the information submitted to them by the body designated under article 33 to handle complaints , if this is a different body . member states shall ensure that national enforcement and complaint handling bodies shall be given sufficient powers and resources for the adequate and effective enforcement of individual complaints from passengers under this regulation .


### users’ rights to rail services include the receipt of information regarding the service both before and during the journey . whenever possible , railway undertakings and ticket vendors should provide this information in advance and as soon as possible . that information should be provided in accessible formats for persons with disabilities or persons with reduced mobility . ### users’ rights to rail services include the receipt of information regarding those services and related matters both before and during the journey . that information should be provided in accessible formats for persons with disabilities or persons with reduced mobility .


### accept upon request the participation , in the training , of employees with disabilities , passengers with disabilities and with reduced mobility , and / or organisations representing them . ### encourage actively the participation , in the training , of staff with disabilities , as well as passengers with disabilities and with reduced mobility , and organisations representing them ;


### without prejudice to social tariffs , railway undertakings or ticket vendors shall offer contract conditions and tariffs to the general public without direct or indirect discrimination on the basis of the final customer’s nationality or residence , or the place of establishment of the railway undertaking or ticket vendor within the union . ### without prejudice to social tariffs , railway undertakings or ticket vendors shall offer contract conditions and tariffs to the general public without direct or indirect discrimination on the basis of the final passenger’s nationality or residence , or the place of establishment of the railway undertaking or ticket vendor within the union .


### 50 % of the ticket price for a delay of 120 minutes or more . ### 100% of the ticket price for a delay of 90 minutes or more .


### railway undertakings and ticket vendors shall offer tickets and , where available , through - tickets and reservations . they shall make all possible efforts to offer through - tickets , including for journeys across borders and with more than one railway undertaking . ### railway undertakings , tour operators and ticket vendors shall offer tickets , through - tickets , reservations and combinations of tickets that provide the most optimal and cost - effective journey or combined journey , including cross - border , in an impartial and non - discriminatory manner . they shall make all possible efforts to offer through - tickets , including for journeys across borders or involving night trains and journeys with more than one railway undertaking .


### the information referred to in paragraphs 1 and 2 shall be provided in the most appropriate format including by using up - to - date communication technologies . particular attention shall be paid to ensuring that this information is accessible to persons with disabilities in accordance with the accessibility requirements laid down in directive xxx and regulation 454 / 2011 . ### the information referred to in paragraphs 1 and 2 shall be provided in the most appropriate format including by using up - to - date communication technologies and in writing where possible . particular attention shall be paid to ensuring that this information is accessible to persons with disabilities in accordance with the accessibility requirements laid down in directive xxx and regulation 454 / 2011 . the availability of accessible formats shall be clearly advertised .


### in addition to the obligations on railway undertakings pursuant to article 13a of directive 2012 / 34 / eu , the station manager of a railway station handling at least 10 000 passengers per day on average over a year shall ensure that the operations of the station , the railway undertakings and the infrastructure manager are coordinated through a proper contingency plan in order to prepare for the possibility of major disruption and long delays leading to a considerable number of passengers being stranded in the station . the plan shall ensure that stranded passengers are provided with adequate assistance and information , including in accessible formats in accordance with the accessibility requirements laid down in directive xxx . upon request , the station manager shall make the plan , and any amendments to it , available to the national enforcement body or to any other body designated by a member state . station managers of railway stations handling fewer than 10 000 passengers per day on average over a year shall make all reasonable efforts to coordinate station users and to assist and inform stranded passengers in such situations . ### in addition to the obligations on railway undertakings pursuant to article 13a of directive2012 / 34 / eu , the station manager of a railway station handling at least 5 000 passengers per day on average over a year shall ensure that the operations of the station , the railway undertakings and the infrastructure manager are coordinated through a proper contingency plan in order to prepare for the possibility of major disruption and delays leading to a considerable number of passengers being stranded in the station . the plan shall pay particular attention to the needs of persons with disabilities and persons with reduced mobility and shall ensure that stranded passengers are provided with adequate assistance and information , including in accessible formats in accordance with the accessibility requirements laid down in directive xxx . the plan shall also include requirements for the accessibility of alert and information systems . upon request , the station manager shall make the plan , and any amendments to it , available to the national enforcement body or to any other body designated by a member state . station managers of railway stations handling fewer than 5 000 passengers per day on average over a year shall make all reasonable efforts to coordinate station users and to assist and inform stranded passengers in such situations .


### if the train is blocked on the track , transport from the train to the railway station , to the alternative departure point or to the final destination of the service , where and when physically possible . ### if the train is blocked on the track , accessible transport from the train to the railway station , to the alternative departure point or to the final destination of the service , where and when physically possible .


### in addition to the obligations on railway undertakings pursuant to article 13a of directive 2012 / 34 / eu , the station manager of a railway station handling at least 10 000 passengers per day on average over a year shall ensure that the operations of the station , the railway undertakings and the infrastructure manager are coordinated through a proper contingency plan in order to prepare for the possibility of major disruption and long delays leading to a considerable number of passengers being stranded in the station . the plan shall ensure that stranded passengers are provided with adequate assistance and information , including in accessible formats in accordance with the accessibility requirements laid down in directive xxx . upon request , the station manager shall make the plan , and any amendments to it , available to the national enforcement body or to any other body designated by a member state . station managers of railway stations handling fewer than 10 000 passengers per day on average over a year shall make all reasonable efforts to coordinate station users and to assist and inform stranded passengers in such situations . ### in addition to the obligations on railway undertakings pursuant to article 13a of directive 2012 / 34 / eu , the station manager of a railway station handling at least 5 000 passengers per day on average over a year shall ensure that the operations of the station , the railway undertakings and the infrastructure manager are coordinated through a proper contingency plan in order to prepare for the possibility of major disruption and long delays leading to a considerable number of passengers being stranded in the station . the plan shall pay particular attention to the needs of persons with disabilities and persons with reduced mobility ; it shall ensure that stranded passengers are provided with adequate assistance and information , including in accessible formats in accordance with the accessibility requirements laid down in directive xxx . the plan shall also include requirements for the accessibility of alert and information systems . the station manager shall make the plan , and any amendments to it , publicly available . station managers of railway stations handling fewer than 5 000 passengers per day on average over a year shall make all reasonable efforts to coordinate station users and to assist and inform stranded passengers in such situations .


### paragraph 1 also applies to passengers who hold a travel pass or season ticket . if they encounter recurrent delays or cancellations during the period of validity of the travel pass or season ticket , they may request adequate compensation in accordance with the railway undertaking’s compensation arrangements . these arrangements shall state the criteria for determining delay and for the calculation of the compensation . where delays of less than 60 minutes occur repeatedly during the period of validity of the travel pass or season ticket , the delays shall be counted cumulatively and passengers shall be compensated in accordance with the railway undertaking’s compensation arrangements . ### paragraph 1 also applies to passengers who hold a travel pass or season ticket . if they encounter recurrent delays or cancellations during the period of validity of the travel pass or season ticket , they shall be entitled to adequate compensation in accordance with the railway undertaking’s compensation arrangements . these arrangements shall state the criteria for determining delay and for the calculation of the compensation . where delays of between 15 and 45 minutes occur repeatedly during the period of validity of the travel pass or season ticket , the delays shall be counted cumulatively and passengers shall be compensated on that basis in accordance with the railway undertaking’s compensation arrangements .


### this directive should not prejudice the right of each member state to decide on the standard time or times for the territories under its jurisdiction and falling under the territorial scope of the treaties , and on further changes thereto . however , in order to ensure that the application of summer - time arrangements by some member states only does not disrupt the functioning of the internal market , member states should refrain from changing the standard time in any given territory under their jurisdiction for reasons related to seasonal changes , be such change presented as a change of time zone . moreover , in order to minimise disruptions , inter alia , to transport , communications and other concerned sectors , they should notify the commission in due time of their intention to change their standard time and subsequently apply the notified changes . the commission should , on the basis of that notification , inform all other member states so that they can take all necessary measures . it should also inform the general public and stakeholders by publishing this information . ### this directive should not prejudice the right of each member state to decide on the standard time or times for the territories under its jurisdiction and falling under the territorial scope of the treaties , and on further changes thereto . however , in order to avoid any significant disruptions of the functioning of the internal market , member states should refrain from changing the standard time in any given territory under their jurisdiction for reasons related to seasonal changes , be such change presented as a change of time zone . moreover , in order to minimise disruptions , inter alia , to transport , communications and other concerned sectors , member states that intend to change their standard time should notify the commission and the other member states in due time of their intention to allow for coordination . the commission should inform the general public and stakeholders by publishing this information . it should also assess the impact on the functioning of the internal market of the envisaged changes of standard time .


### without prejudice to article 1 , if a member state decides to change its standard time or times in any territory under its jurisdiction , it shall notify the commission at least 6 months before the change takes effect . where a member state has made such a notification and has not withdrawn it at least 6 months before the date of the envisaged change , the member state shall apply this change . ### without prejudice to article 1 , if a&#160 ; member state intends to change its standard time or times in any territory&#160 ; under its jurisdiction , it shall notify the commission and all other member states at&#160 ; latest on 27 march 2020 . where a member state has made such a&#160 ; notification and has not withdrawn it by 24 july 2020 , the member state&#160 ; shall apply this change .


### a lively public debate is taking place on summer - time arrangements and some member states have already expressed their preference to discontinue the application of such arrangements . in the light of these developments , it is necessary to continue safeguarding the proper functioning of the internal market and to avoid any significant disruptions thereto caused by divergences between member states in this area . therefore , it is appropriate to put an end in a coordinated way to summer - time arrangements . ### a public consultation on summer - time arrangements held by the commission in july - august 2018 received 4 . 6 million responses , which is the largest number ever received in any commission consultation , indicated that it is the citizens preference to stop bi - annual clock changes . also , some member states have already expressed their preference to discontinue the application of such arrangements . in the light of these developments , it is necessary to continue safeguarding the proper functioning of the internal market and to avoid any significant disruptions thereto caused by divergences between member states in this area . therefore , it is appropriate to put an end in a coordinated way to summer - time arrangements .


### the commission has examined available evidence , which points to the importance of having harmonised union rules in this area to ensure the proper functioning of the internal market and avoid , inter alia , disruptions to the scheduling of transport operations and the functioning of information and communication systems , higher costs to cross - border trade , or lower productivity for goods and services . evidence is not conclusive as to whether the benefits of summer - time arrangements outweigh the inconveniences linked to a biannual change of time . ### the commission has examined available evidence , which points to the importance of having harmonised union rules in this area to ensure the proper functioning of the internal market and avoid , inter alia , disruptions to the scheduling of transport operations and the functioning of information and communication systems , higher costs to cross - border trade , or lower productivity for goods and services . evidence is conclusive that there are no significant benefits from the biannual change of time , although numerous scientific studies , including the european parliamentary research service study of october 2017 on eu summer - time arrangements under directive 2000 / 84 / ec , have indicated the existence of negative effects on human health . from an economic perspective , bi - annual change implies additional costs and administrative burdens for many sectors .


### the commission shall report to the european parliament and to the council on the implementation of this directive by 31 december 2024 at the latest . ### the commission shall report to the european parliament and to the council on the implementation of this directive by 31 december 2025 at the latest . in this implementation report , a&#160 ; special emphasis shall be put on the effects on human health . &#160 ;


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


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


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


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


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


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


### providers of online intermediation services shall include in their terms and conditions a description of the technical and contractual access , or absence thereof , of business users to any personal data or other data , or both , which business users or consumers provide for the use of the online intermediation services concerned or which are generated through the provision of those services . ### providers of online intermediation services or providers of search engines shall include in their terms and conditions a description of the technical and contractual access , or absence thereof , of business users to any personal data or other data , or both , which business users or consumers provide for the use of the online intermediation services or online search engines concerned or which are generated through the provision of those services .


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


### ‘ ranking’ means the relative prominence given to the goods or services offered to consumers by business users through online intermediation services , or to websites indexed for consumers by online search engines , as presented , organised or communicated to those consumers by the providers of online intermediation services or by providers of online search engines , respectively , irrespective of the technological means used for such presentation , organisation or communication ; ### ‘ ranking’ means the relative prominence given to the goods or services offered to consumers by business users through online intermediation services , or to websites indexed by online search engines , as presented , organised or communicated by the providers of online intermediation services or by providers of online search engines , respectively , irrespective of the technological means used for such presentation , organisation or communication ;


### a provider of online intermediation services can have legitimate reasons to decide to suspend or terminate the provision of its services , in whole or in part , to a given business user , including by delisting individual goods or services of a given business user or effectively removing search results . however , given that such decisions can significantly affect the interests of the business user concerned , they should be properly informed of the reasons thereof . the statement of reasons should allow business users to ascertain whether there is scope to challenge the decision , thereby improving the possibilities for business users to seek effective redress where necessary . in addition , requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content , in line with commission recommendation no 2018 / 33422 . the statement of reasons should identify the objective ground or grounds for the decision , based on the grounds that the provider had set out in advance in its terms and conditions , and refer in a proportionate manner to the relevant specific circumstances that led to that decision . _________________ 22 commission recommendation no 2018 / 334 of 1 march 2018 on measures to effectively tackle illegal content online . ### a provider of online intermediation services can have legitimate reasons to decide to suspend or terminate the provision of its services , in whole or in part , to a given business user , including by delisting individual goods or services of a given business user or effectively removing search results . however , given that such decisions can significantly affect the interests of the business user concerned , they should be properly informed of the reasons thereof . the statement of reasons should allow business users to ascertain whether there is scope to challenge the decision , thereby improving the possibilities for business users to seek effective redress where necessary . in addition , requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content , in line with commission recommendation no 2018 / 33422 . in some cases , the decision of the provider of an online intermediation service is based on notifications by third parties . these notifications can be abused by competitors . commission recommendation no 2018 / 334 requires such notifications to be sufficiently precise and adequately substantiated to enable the hosting provider to take an informed and diligent decision in respect of the content to which the notice relates . providers of online intermediation services should therefore be required to pass on the contents of the notification to the business user in cases where a decision to suspend or terminate the provision of its services following a notification from a third party , in order to allow the business user to easily refute obviously wrongful notices . the statement of reasons should identify the objective ground or grounds for the decision , based on the grounds that the provider had set out in advance in its terms and conditions , and refer in a proportionate manner to the relevant specific circumstances that led to that decision . wherever possible a proportionate and gradual system should be put in place , including prior and timely notification before taking measures that will result in severing the access of the business to its customers . _________________ 22 commission recommendation no 2018 / 334 of 1 march 2018 on measures to effectively tackle illegal content online .


### for reasons of consistency , the definition of online search engine used in this regulation should be aligned with the definition used in directive 2016 / 1148 of the european parliament and of the council21 . _________________ 21 directive 2016 / 1148 of the european parliament and of the council concerning measures for a high common level of security of network and information systems across the union . ### for reasons of consistency , the definition of online search engine used in this regulation should be aligned with the definition used in directive 2016 / 1148 of the european parliament and of the council21 . however , considering the quick pace of innovation , the interpretation of the term should be made in the widest possible meaning . _________________ 21 directive 2016 / 1148 of the european parliament and of the council concerning measures for a high common level of security of network and information systems across the union .


### where , in the provision of their services , providers of online intermediation services restrict the ability of business users to offer the same goods and services to consumers under different conditions through other means than through those services , they shall include grounds for that restriction in their terms and conditions and make those grounds easily available to the public . those grounds shall include the main economic , commercial or legal considerations for those restrictions . ### where , in the provision of their services , providers of online intermediation services restrict the ability of business users to offer the same goods and services to consumers under different conditions through other means than through those services , they shall include grounds for that restriction in their terms and conditions and make those grounds easily available to the public . those grounds shall include the main economic , commercial or legal considerations for those restrictions . the restrictions shall be proportionate , temporary and represent a legitimate interest of the provider .


### the obligation set out in paragraph 1 shall not affect any prohibitions or limitations in respect of the imposition of such restrictions that result from the application of other union rules or from national rules that are in accordance with union law and to which the providers of the online intermediation services are subject . ### the obligation set out in paragraph 1 shall not affect any prohibitions or limitations in respect of the imposition of such restrictions that result from the application of other union rules or from national rules that are in accordance with union law and to which the providers of the online intermediation services are subject . in particular , the risks pertaining to the practices referred to under paragraph 1 to create price collusion among providers of online intermediation services shall be closely scrutinised .


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


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


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


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


### hosting service providers shall preserve terrorist content which has been removed or disabled as a result of a removal order , a referral or as a result of proactive measures pursuant to articles 4 , 5 and 6 and related data removed as a consequence of the removal of the terrorist content and which is necessary for : ### hosting service providers shall preserve terrorist content which has been removed or disabled as a result of a removal order or as a result of additional measures pursuant to articles 4 and 6 and related user data removed as a consequence of the removal of the terrorist content and which is necessary for :


### in order to ensure that hosting service providers exposed to terrorist content take appropriate measures to prevent the misuse of their services , the competent authorities should request hosting service providers having received a removal order , which has become final , to report on the proactive measures taken . these could consist of measures to prevent the re - upload of terrorist content , removed or access to it disabled as a result of a removal order or referrals they received , checking against publicly or privately - held tools containing known terrorist content . they may also employ the use of reliable technical tools to identify new terrorist content , either using those available on the market or those developed by the hosting service provider . the service provider should report on the specific proactive measures in place in order to allow the competent authority to judge whether the measures are effective and proportionate and whether , if automated means are used , the hosting service provider has the necessary abilities for human oversight and verification . in assessing the effectiveness and proportionality of the measures , competent authorities should take into account relevant parameters including the number of removal orders and referrals issued to the provider , their economic capacity and the impact of its service in disseminating terrorist content . ### in order to ensure that hosting service providers exposed to terrorist content take appropriate measures to address the misuse of their services , the competent authorities may recommend to hosting service providers having received a significant amount of removal orders , which have become final , additional measures to be taken . these could consist of measures to that employ the use of reliable technical tools to detect and identify new terrorist content , but that should leave the final decision to removal or disabling access to a decision by a natural person . in assessing the effectiveness and proportionality of the measures , competent authorities should take into account relevant parameters including the number of removal orders issued to the provider , their economic capacity and the impact of its service in disseminating terrorist content .


### this regulation aims at ensuring the smooth functioning of the digital single market in an open and democratic society , by preventing the misuse of hosting services for terrorist purposes . the functioning of the digital single market should be improved by reinforcing legal certainty for hosting service providers , reinforcing users ' trust in the online environment , and by strengthening safeguards to the freedom of expression and information . ### this regulation aims at ensuring the smooth functioning of the digital single market in an open and democratic society , by addressing the misuse of hosting services for terrorist purposes and contributing to the investigation of criminal offences . the functioning of the digital single market should be improved by reinforcing legal certainty for hosting service providers , reinforcing users ' trust in the online environment , and by strengthening safeguards to ensure the rule of law and fundamental rights , in particular the freedom of expression and information , the right to freedom and pluralism of the media , the freedom to conduct a business and the rights to privacy and the protection of personal data .


### following the request , the competent authority should enter into a dialogue with the hosting service provider about the necessary proactive measures to be put in place . if necessary , the competent authority should impose the adoption of appropriate , effective and proportionate proactive measures where it considers that the measures taken are insufficient to meet the risks . a decision to impose such specific proactive measures should not , in principle , lead to the imposition of a general obligation to monitor , as provided in article 15 of directive 2000 / 31 / ec . considering the particularly grave risks associated with the dissemination of terrorist content , the decisions adopted by the competent authorities on the basis of this regulation could derogate from the approach established in article 15 of directive 2000 / 31 / ec , as regards certain specific , targeted measures , the adoption of which is necessary for overriding public security reasons . before adopting such decisions , the competent authority should strike a fair balance between the public interest objectives and the fundamental rights involved , in particular , the freedom of expression and information and the freedom to conduct a business , and provide appropriate justification . ### following the request , the competent authority should enter into a dialogue with the hosting service provider about the necessary proactive measures to be put in place . if necessary , the competent authority should impose the adoption of appropriate , effective and proportionate proactive measures where it considers that the measures taken are insufficient to meet the risks . the competent authority should only impose proactive measures that the hosting service provider can reasonably be expected to implement , taking into account , among other factors , the hosting service providers’ financial and other resources . a decision to impose such specific proactive measures should not lead to the imposition of a general obligation to monitor , as provided in article 15 of directive 2000 / 31 / ec . considering the particularly grave risks associated with the dissemination of terrorist content , the decisions adopted by the competent authorities on the basis of this regulation could , in exceptional circumstances , derogate from the approach established in article 15 of directive 2000 / 31 / ec , as regards certain specific , targeted measures , the adoption of which is necessary for overriding public security reasons . before adopting such decisions , the competent authority should strike a fair balance between the public interest objectives and the fundamental rights involved , in particular , the freedom of expression and information and the freedom to conduct a business , and provide appropriate justification .


### a hosting service provider may , at any time , request the competent authority referred to in article 17 a review and , where appropriate , to revoke a request or decision pursuant to paragraphs 2 , 3 , and 4 respectively . the competent authority shall provide a reasoned decision within a reasonable period of time after receiving the request by the hosting service provider . ### a hosting service provider may , at any time , request the competent authority referred to in article 17 a review and , where appropriate , to revoke a request pursuant to paragraphs 2 and 3 . the competent authority shall provide a reasoned decision within a reasonable period of time after receiving the request by the hosting service provider .


### promoting the activities of a terrorist group , in particular by encouraging the participation in or support to a terrorist group within the meaning of article 2 of directive 2017 / 541 ; ### participating in the activities of a terrorist group , including by supplying information or material resources , or by funding its activities in any way , with knowledge of the fact that such participation will contribute to the criminal activities of the terrorist group , within the meaning of article 4 of directive 2017 / 541 ;


### based on the findings and conclusions in the implementation report and the outcome of the monitoring exercise , the commission should carry out an evaluation of this regulation no sooner than three years after its entry into force . the evaluation should be based on the five criteria of efficiency , effectiveness , relevance , coherence and eu added value . it will assess the functioning of the different operational and technical measures foreseen under the regulation , including the effectiveness of measures to enhance the detection , identification and removal of terrorist content , the effectiveness of safeguard mechanisms as well as the impacts on potentially affected rights and interests of third parties , including a review of the requirement to inform content providers . ### based on the findings and conclusions in the implementation report and the outcome of the monitoring exercise , the commission should carry out an evaluation of this regulation three years after its entry into force . it will assess the functioning of the different measures foreseen under the regulation , including the effectiveness of measures to enhance the detection , identification and removal of terrorist content , the effectiveness of safeguard mechanisms as well as the impacts on potentially affected fundamental rights , including the freedom of expression and information , the right to freedom and pluralism of the media , the freedom to conduct a business and the rights to privacy and protection of personal data .


### following the request , the competent authority should enter into a dialogue with the hosting service provider about the necessary proactive measures to be put in place . if necessary , the competent authority should impose the adoption of appropriate , effective and proportionate proactive measures where it considers that the measures taken are insufficient to meet the risks . a decision to impose such specific proactive measures should not , in principle , lead to the imposition of a general obligation to monitor , as provided in article 15 of directive 2000 / 31 / ec . considering the particularly grave risks associated with the dissemination of terrorist content , the decisions adopted by the competent authorities on the basis of this regulation could derogate from the approach established in article 15 of directive 2000 / 31 / ec , as regards certain specific , targeted measures , the adoption of which is necessary for overriding public security reasons . before adopting such decisions , the competent authority should strike a fair balance between the public interest objectives and the fundamental rights involved , in particular , the freedom of expression and information and the freedom to conduct a business , and provide appropriate justification . ### following the recommendation , the competent authority should enter into a dialogue with the hosting service provider about the necessary additional measures to be put in place . such measures should not lead to the imposition of a general obligation to monitor uploaded content , as provided in article 15 of directive 2000 / 31 / ec . before adopting such recommendations , the competent authority should strike a fair balance between the public interest objectives and the fundamental rights involved , in particular , the freedom of expression and information , the freedom of the media , the rights to privacy and to the protection of personal data , and the freedom to conduct a business , and provide appropriate justification .


### a statement of reasons explaining why the content is considered terrorist content , at least , by reference to the categories of terrorist content listed in article 2 ; ### a detailed statement of reasons explaining why the content is considered terrorist content , by specific reference to the categories of terrorist content listed in article 2 and substantiating the elements of unlawfulness and intentionality and the relevant national law ;


### efforts at union level to counter terrorist content online commenced in 2015 through a framework of voluntary cooperation between member states and hosting service providers need to be complemented by a clear legislative framework in order to further reduce accessibility to terrorist content online and adequately address a rapidly evolving problem . this legislative framework seeks to build on voluntary efforts , which were reinforced by the commission recommendation 2018 / 3347 and responds to calls made by the european parliament to strengthen measures to tackle illegal and harmful content and by the european council to improve the automatic detection and removal of content that incites to terrorist acts . _________________ 7 commission recommendation 2018 / 334 of 1 march 2018 on measures to effectively tackle illegal content online . ### efforts at union level to counter terrorist content online commenced in 2015 through a framework of voluntary cooperation between member states and hosting service providers need to be complemented by a clear legislative framework in order to further reduce accessibility to terrorist content online , adequately address an evolving problem , and put in place necessary safeguards to ensure the rule of law and the protection of fundamental rights . this legislative framework seeks to build on and address some shortcomings of voluntary efforts , which were reinforced by the commission recommendation 2018 / 3347 and responds to calls made by the european parliament to strengthen measures to tackle illegal content in line with the horizontal framework established by directive 2000 / 31 / ec and by the european council to improve the detection and removal of terrorist content . _________________ 7 commission recommendation 2018 / 334 of 1 march 2018 on measures to effectively tackle illegal content online .


### the competent authority which issued the removal order shall inform the competent authority which oversees the implementation of proactive measures , referred to in article 17 when the removal order becomes final . a removal order becomes final where it has not been appealed within the deadline according to the applicable national law or where it has been confirmed following an appeal . ### the competent authority which issued the removal order shall inform the competent authority which oversees the implementation of specific measures , referred to in article 17 when the removal order becomes final . a removal order becomes final where it has not been appealed and redress has not been sought within the deadline according to the applicable national law or where it has been confirmed following an appeal .


### the presence of terrorist content online has serious negative consequences for users , for citizens and society at large as well as for the online service providers hosting such content , since it undermines the trust of their users and damages their business models . in light of their central role and the technological means and capabilities associated with the services they provide , online service providers have particular societal responsibilities to protect their services from misuse by terrorists and to help tackle terrorist content disseminated through their services . ### the presence of terrorist content online has serious negative consequences for users , for citizens and society at large as well as for the online service providers hosting such content , since it undermines the trust of their users and damages their business models . in light of their central role and in proportion to the technological means and capabilities associated with the services they provide , online service providers have societal responsibilities to protect their services from misuse by terrorists and to help competent authorities to tackle terrorist offences committed through their services , whilst taking into account the fundamental importance of the freedom of expression and information in an open and democratic society .


### hosting service providers shall take appropriate , reasonable and proportionate actions in accordance with this regulation , against the dissemination of terrorist content and to protect users from terrorist content . in doing so , they shall act in a diligent , proportionate and non - discriminatory manner , and with due regard to the fundamental rights of the users and take into account the fundamental importance of the freedom of expression and information in an open and democratic society . ### hosting service providers shall take appropriate , reasonable and proportionate actions in accordance with this regulation , against the dissemination of terrorist content and to protect users from terrorist content . in doing so , they shall act in a diligent , proportionate and non - discriminatory manner , and with due regard in all circumstances to the fundamental rights of the users and take into account the fundamental importance of the freedom of expression and information in an open and democratic society . in particular those actions shall not amount to general monitoring .


### in order to avoid duplication and possible interferences with investigations , the competent authorities should inform , coordinate and cooperate with each other and where appropriate with europol when issuing removal orders or sending referrals to hosting service providers . in implementing the provisions of this regulation , europol could provide support in line with its current mandate and existing legal framework . ### in order to avoid duplication and possible interferences with investigations , the competent authorities should inform , coordinate and cooperate with each other and where appropriate with europol when issuing removal orders to hosting service providers .


### where hosting service providers removed terrorist content or disable access to it , they shall make available to the content provider information on the removal or disabling of access to terrorist content . ### where hosting service providers remove terrorist content or disable access to it , they shall make available to the content provider comprehensive information on the removal or disabling of access to terrorist content provided to them by the competent authority in line with article 4 , including the legal basis establishing that it is terrorist content and possibilities to contest the decision including formal requirements , the description of the next steps of the procedure and related timeframes .


### penalties are necessary to ensure the effective implementation by hosting service providers of the obligations pursuant to this regulation . member states should adopt rules on penalties , including , where appropriate , fining guidelines . particularly severe penalties shall be ascertained in the event that the hosting service provider systematically fails to remove terrorist content or disable access to it within one hour from receipt of a removal order . non - compliance in individual cases could be sanctioned while respecting the principles of ne bis in idem and of proportionality and ensuring that such sanctions take account of systematic failure . in order to ensure legal certainty , the regulation should set out to what extent the relevant obligations can be subject to penalties . penalties for non - compliance with article 6 should only be adopted in relation to obligations arising from a request to report pursuant to article 6 or a decision imposing additional proactive measures pursuant to article 6 . when determining whether or not financial penalties should be imposed , due account should be taken of the financial resources of the provider . member states shall ensure that penalties do not encourage the removal of content which is not terrorist content . ### penalties are necessary to ensure the effective implementation by hosting service providers of the obligations pursuant to this regulation , and should also take into account the situation of subsidiaries or linked undertakings where applicable . member states should adopt rules on penalties , including , where appropriate , fining guidelines . penalties should be ascertained in the event that the hosting service provider systematically fails to remove terrorist content or disable access to it within the period specified by the competent authority . when assessing the nature of the breach and deciding upon applying penalties , full respect should be given to fundamental rights , such as the freedom of expression . when determining whether or not financial penalties should be imposed , due account should be taken of the financial resources of the provider , unintentional delays , in particular by small and medium sized businesses and start - ups . member states should ensure that penalties do not encourage the removal of content which is not terrorist content .


### in order to ensure that hosting service providers exposed to terrorist content take appropriate measures to prevent the misuse of their services , the competent authorities should request hosting service providers having received a removal order , which has become final , to report on the proactive measures taken . these could consist of measures to prevent the re - upload of terrorist content , removed or access to it disabled as a result of a removal order or referrals they received , checking against publicly or privately - held tools containing known terrorist content . they may also employ the use of reliable technical tools to identify new terrorist content , either using those available on the market or those developed by the hosting service provider . the service provider should report on the specific proactive measures in place in order to allow the competent authority to judge whether the measures are effective and proportionate and whether , if automated means are used , the hosting service provider has the necessary abilities for human oversight and verification . in assessing the effectiveness and proportionality of the measures , competent authorities should take into account relevant parameters including the number of removal orders and referrals issued to the provider , their economic capacity and the impact of its service in disseminating terrorist content . ### in order to ensure that hosting service providers exposed to terrorist content take appropriate specific measures to protect their services against misuse , the competent authorities should request hosting service providers having received a removal order , which has become final , to report on any specific measures taken , where applicable . the service provider should report on the specific measures in place in order to allow the competent authority to judge whether the measures are necessary , effective and proportionate and whether , the specific measures are based on human oversight and verification . in assessing the effectiveness , necessity and proportionality of the measures , competent authorities should take into account relevant parameters including the number of removal orders and referrals issued to the provider , their economic capacity and the impact of its service in disseminating terrorist content as well as the safeguards put in place to protect freedom of expression and information and the number of incidents of restrictions on legal content .


### given the scale and speed necessary for effectively identifying and removing terrorist content , proportionate proactive measures , including by using automated means in certain cases , are an essential element in tackling terrorist content online . with a view to reducing the accessibility of terrorist content on their services , hosting service providers should assess whether it is appropriate to take proactive measures depending on the risks and level of exposure to terrorist content as well as to the effects on the rights of third parties and the public interest of information . consequently , hosting service providers should determine what appropriate , effective and proportionate proactive measure should be put in place . this requirement should not imply a general monitoring obligation . in the context of this assessment , the absence of removal orders and referrals addressed to a hosting provider , is an indication of a low level of exposure to terrorist content . ### given the complexity of effectively identifying and removing terrorist content at scale and the potential impact on fundamental rights , proportionate specific measures should be taken by hosting service providers depending on the risk and level of exposure , concerning terrorist content online . such obligatory measures should not include the use of content filters or other measures that entail the systematic monitoring of user behaviour . specific measures could include , for example , systems to allow users to reportpotential terrorist content or peer - to - peer content moderation . with a view to reducing the accessibility of terrorist content on their services , hosting service providers should assess whether it is appropriate to take specific measures depending on the risks and level of exposure to terrorist content as well as to the effects on the rights of third parties and the public interest of information . consequently , hosting service providers should determine what justified , appropriate , effective and proportionate specific measure should be put in place . this requirement should not imply a general monitoring obligation . this is without prejudice to possible additional voluntary measures taken by the hosting service provider outside the scope of this regulation .


### rules to prevent the misuse of hosting services for the dissemination of terrorist content online in order to guarantee the smooth functioning of the internal market are set out in this regulation in full respect of the fundamental rights protected in the union ' s legal order and notably those guaranteed in the charter of fundamental rights of the european union . ### rules to address the use of hosting services for the dissemination of terrorist content online in order to guarantee the smooth functioning of the internal market are set out in this regulation in full respect of the rule of law and the fundamental rights protected in the union ' s legal order and notably those guaranteed in the charter of fundamental rights of the european union .


### member states shall ensure that a systematic failure to comply with obligations pursuant to article 4 is subject to financial penalties of up to 4% of the hosting service provider’s global turnover of the last business year . ### member states shall ensure that a systematic and ongoing failure to comply with obligations pursuant to article 4 is subject to financial penalties of up to 4% of the hosting service provider’s global turnover of the last business year .


### ‘ dissemination of terrorist content’ means making terrorist content available to third parties on the hosting service providers’ services ; ### ‘ dissemination of terrorist content’ means making terrorist content available to the public on the hosting service providers’ services ;


### in order to ensure the effective and sufficiently coherent implementation of proactive measures , competent authorities in member states should liaise with each other with regard to the discussions they have with hosting service providers as to the identification , implementation and assessment of specific proactive measures . similarly , such cooperation is also needed in relation to the adoption of rules on penalties , as well as the implementation and the enforcement of penalties . ### in order to ensure the effective and sufficiently coherent implementation of measures by hosting service providers , competent authorities in member states should liaise with each other with regard to the discussions they have with hosting service providers as to removal orders and the identification , implementation and assessment of specific additional measures . such cooperation is also needed in relation to the adoption of rules on penalties , as well as the implementation and the enforcement of penalties .


### it shall apply from [ 6 months after its entry into force ] . ### it shall apply from [ 12 months after its entry into force ] .


### hosting service providers shall , where appropriate , take proactive measures to protect their services against the dissemination of terrorist content . the measures shall be effective and proportionate , taking into account the risk and level of exposure to terrorist content , the fundamental rights of the users , and the fundamental importance of the freedom of expression and information in an open and democratic society . ### hosting service providers may , where they have been subject to a significant number of uncontested removal orders , take additional measures to protect their services against the dissemination of terrorist content . the measures shall be effective , targeted and proportionate to the risk and level of exposure to terrorist content , the fundamental rights of the users , and the fundamental importance of the freedom of expression and information and rights to privacy and personal data protection in an open and democratic society . the measures shall not result in any general monitoring of the content which hosting service providers make available to the public , nor to the automated removal of content without human intervention .


### where hosting service providers use automated tools pursuant to this regulation in respect of content that they store , they shall provide effective and appropriate safeguards to ensure that decisions taken concerning that content , in particular decisions to remove or disable content considered to be terrorist content , are accurate and well - founded . ### where hosting service providers use measures that go beyond their obligations pursuant to this regulation in respect of content that they store , they shall provide effective and appropriate safeguards to ensure that decisions taken concerning that content , in particular decisions to remove or disable content considered to be terrorist content , &#160 ; are accurate and well - founded and do not lead to the removal of or disabling access to legal content .


### when putting in place proactive measures , hosting service providers should ensure that users’ right to freedom of expression and information - including to freely receive and impart information - is preserved . in addition to any requirement laid down in the law , including the legislation on protection of personal data , hosting service providers should act with due diligence and implement safeguards , including notably human oversight and verifications , where appropriate , to avoid any unintended and erroneous decision leading to removal of content that is not terrorist content . this is of particular relevance when hosting service providers use automated means to detect terrorist content . any decision to use automated means , whether taken by the hosting service provider itself or pursuant to a request by the competent authority , should be assessed with regard to the reliability of the underlying technology and the ensuing impact on fundamental rights . ### when putting in place additional measures , hosting service providers should ensure that users’ right to freedom of expression and information - including to freely receive and impart information - as well as the rights to privacy and protection of personal data , are preserved . in addition to any requirement laid down in the law , including the legislation on protection of personal data , hosting service providers should act with due diligence and implement safeguards , including notably human oversight and verifications , where appropriate , to avoid any unintended and erroneous decision leading to removal of content that is not terrorist content . this is of particular relevance when hosting service providers use automated means to detect terrorist content . a final decision to remove or disable access to content should always be taken by a natural person . any decision to use automated means should be assessed with regard to the reliability of the underlying technology and the ensuing impact on fundamental rights . in any case , hosting service providers should undertake a fundamental rights audit for any automated means for detecting terrorist content they use .


### this regulation contributes to the protection of public security while establishing appropriate and robust safeguards to ensure protection of the fundamental rights at stake . this includes the rights to respect for private life and to the protection of personal data , the right to effective judicial protection , the right to freedom of expression , including the freedom to receive and impart information , the freedom to conduct a business , and the principle of non - discrimination . competent authorities and hosting service providers should only adopt measures which are necessary , appropriate and proportionate within a democratic society , taking into account the particular importance accorded to the freedom of expression and information , which constitutes one of the essential foundations of a pluralist , democratic society , and is one of the values on which the union is founded . measures constituting interference in the freedom of expression and information should be strictly targeted , in the sense that they must serve to prevent the dissemination of terrorist content , but without thereby affecting the right to lawfully receive and impart information , taking into account the central role of hosting service providers in facilitating public debate and the distribution and receipt of facts , opinions and ideas in accordance with the law . ### this regulation contributes to the protection of public security while establishing appropriate and robust safeguards to ensure protection of the fundamental rights at stake . this includes the rights to respect for private life and to the protection of personal data , the right to effective judicial protection , the right to freedom of expression , including the freedom to receive and impart information , the freedom to conduct a business , and the principle of non - discrimination . competent authorities and hosting service providers should only adopt measures which are necessary , appropriate and proportionate within a democratic society , taking into account the particular importance accorded to the right to freedom of expression and information as well as the right to privacy , which constitute one of the essential foundations of a pluralist , democratic society , and is one of the values on which the union is founded . measures constituting interference in the freedom of expression and information should be strictly targeted , in the sense that they must serve to prevent the dissemination of terrorist content , but without thereby affecting the right to lawfully receive and impart information , taking into account the central role of hosting service providers in facilitating public debate and the distribution and receipt of facts , opinions and ideas in accordance with the law . this regulation should not affect the applicable rules on the processing of personal data , notably regulation 2016 / 679 and directive 2016 / 680 .


### oversee the implementation of proactive measures pursuant to article 6 ; ### oversee the implementation of specific measures pursuant to article 6 as well as voluntary measures referred to in article 9 ;


### member states shall ensure that a systematic failure to comply with obligations pursuant to article 4 is subject to financial penalties of up to 4% of the hosting service provider ' s global turnover of the last business year . ### member states shall ensure that a systematic failure to comply with obligations pursuant to article 4 is subject to financial penalties of at least 1% and up to 4% of the hosting service provider ' s global turnover of the last business year .


### in order to cover those online hosting services where terrorist content is disseminated , this regulation should apply to information society services which store information provided by a recipient of the service at his or her request and in making the information stored available to third parties , irrespective of whether this activity is of a mere technical , automatic and passive nature . by way of example such providers of information society services include social media platforms , video streaming services , video , image and audio sharing services , file sharing and other cloud services to the extent they make the information available to third parties and websites where users can make comments or post reviews . the regulation should also apply to hosting service providers established outside the union but offering services within the union , since a significant proportion of hosting service providers exposed to terrorist content on their services are established in third countries . this should ensure that all companies operating in the digital single market comply with the same requirements , irrespective of their country of establishment . the determination as to whether a service provider offers services in the union requires an assessment whether the service provider enables legal or natural persons in one or more member states to use its services . however , the mere accessibility of a service provider’s website or of an email address and of other contact details in one or more member states taken in isolation should not be a sufficient condition for the application of this regulation . ### in order to cover those online hosting services where terrorist content is disseminated , this regulation should apply to information society services whose main or one of the main purposes is to offer the storage of information provided by a recipient of the service at his or her request and in making the information stored available to the public , and who has general control of and access to the content data stored and processed , irrespective of whether this activity is of a mere technical , automatic and passive nature , and irrespective of whether a payment of the user is required . by way of example such providers of information society services include social media platforms , video streaming services , video , image and audio sharing services , file sharing and other online services to the extent they make the information available to the public . the regulation should also apply to hosting service providers established outside the union but offering services to users who are within the union , since a significant proportion of hosting service providers exposed to terrorist content on their services are established in third countries . this should ensure that all companies operating in the digital single market comply with the same requirements , irrespective of their country of establishment . the determination as to whether a service provider offers services in the union requires an assessment whether the service provider enables legal or natural persons in one or more member states to use its services , and whether these services are specifically targeted at users in the union . however , the mere accessibility of a service provider’s website or of an email address and of other contact details in one or more member states taken in isolation should not be a sufficient condition for the application of this regulation . by contrast , services which consist of providing mere technical facility such as ‘ cloud services’ which consist in the provision of on demand physical or virtual resources that provide computing and storage infrastructure capabilities on which the service provider has no contractual rights as to what content is stored or how it is processed or made publicly available by its customers or by the end - users of such customers , and where the service provider has no technical capability to remove specific content stored by their customers or the end - users of their customers , or services that consist of selling goods on - line , delivery of goods as such , or the provision of services off - line , or private websites , including blogs , should not be considered as hosting service providers within the scope of this regulation . mere conduits and other electronic communication services within the meaning of directive xxx / 2019 of the european parliament and of the council [ european electronic communication code ] or providers of caching services , or other services provided in other layers of the internet infrastructure , such as registries and registrars , dns or adjacent services , such as payment services or ddos protection services should also not be understood as hosting service providers . the same is the case for interpersonal communication services that enable direct interpersonal and interactive exchange of information between a finite number of persons , whereby the persons initiating or participating in the communication determine its recipient .