### providers of online intermediation services shall bear a reasonable proportion of the total costs of mediation in each individual case . a reasonable proportion of those total costs shall be determined , on the basis of a suggestion by the mediator , by taking into account all relevant elements of the case at hand , in particular the relative merits of the claims of the parties to the dispute , the conduct of the parties , as well as the size and financial strength of the parties relative to one another . however , providers of online intermediation services shall in any case bear at least half of the total cost . ### providers of online intermediation services , providers of online search engines , and providers of operating systems shall bear a reasonable proportion of the total costs of mediation in each individual case . a reasonable proportion of those total costs shall be determined , on the basis of a suggestion by the mediator , by taking into account all relevant elements of the case at hand , in particular the relative merits of the claims of the parties to the dispute , the conduct of the parties , as well as the size and financial strength of the parties relative to one another . however , providers of online intermediation services , providers of online search engines , and providers of operating systems shall in any case bear at least half of the total cost .


### paragraph 3 shall not apply where a provider of online intermediation services is subject to a legal obligation which requires it to modify its terms and conditions in a manner which does not allow it to respect the notice period referred to in the second subparagraph of paragraph 3 . ### paragraph 3 shall not apply where a provider of online intermediation services reasonably believes that to provide the full notice period would breach the law or compromise a legal investigation .


### where a provider of online intermediation services itself offers certain goods or services to consumers through its own online intermediation services , or does so through a business user which it controls , that provider may compete directly with other business users of its online intermediation services which are not controlled by the provider . in such situations , in particular , it is important that the provider of online intermediation services acts in a transparent manner and provides a description of any differentiated treatment , whether through legal , commercial or technical means , that it might give in respect of goods or services it offers itself compared to those offered by business users . to ensure proportionality , this obligation should apply at the level of the overall online intermediation services , rather than at the level of individual goods or services offered through those services . ### where a provider of online intermediation services itself offers certain goods or services to consumers through its own online intermediation services , or does so through a business user which it controls , that provider may compete directly with other business users of its online intermediation services which are not controlled by the provider . in such situations , in particular , it is important that the provider of online intermediation services acts in a transparent manner and provides a description of any differentiated treatment , whether through legal , commercial or technical means such as default settings , that it might give in respect of goods or services it offers itself compared to those offered by business users . to ensure proportionality , this obligation should apply at the level of the overall online intermediation services , rather than at the level of individual goods or services offered through those services . furthermore , consumers often rely on services configured by default without being informed about competing goods and services , and could face technical or economic barriers if they want to choose a competing service . providers of online intermediation services should therefore not be allowed to provide any good or service under their direct or indirect control as a default option without first giving consumers the possibility to select among different competing options available when using the online intermediation service for the first time . the consumer should not be obliged to choose a default option . an online intermediation service provider’s goods or services should be considered to compete with those of its business users where the good or service can be considered as interchangeable or substitutable by consumers using the online intermediation service .


### providers of online intermediation services might in certain cases restrict in the terms and conditions the ability of business users to offer goods or services to consumers under more favourable conditions through other means than through those online intermediation services . in those cases , the providers concerned should set out the grounds for doing so , in particular with reference to the main economic , commercial or legal considerations for the restrictions . this transparency obligation should however not be understood as affecting the assessment of the legality of such restrictions under other acts of union law or the law of member states in accordance with union law , including in the areas of competition and unfair commercial practices , and the application of such laws . ### providers of online intermediation services might in certain cases restrict in the terms and conditions the ability of business users to offer goods or services to consumers under more favourable conditions through other means than through those online intermediation services . such restrictions should be limited , as they deprive business users from exercising their entrepreneurial freedom to set the conditions of sale of their own products and services , and may also harm consumers by preventing them access to a wider choice . upon request from business users or another provider of online interdiction services , or on its own initiative , the commission should actively and promptly assess the legality of such restrictions against union law . business users should be granted full control over their own intellectual property rights . providers of online intermediated services should make use of these rights only upon the explicit consent of the business user . the terms of use of such rights should be adhered to .


### online intermediation services can be crucial for the commercial success of undertakings who use such services to reach consumers . the growing intermediation of transactions through online intermediation services , fuelled by strong data - driven indirect network effects , lead to an increased dependence of such business users , including micro , small and medium - sized enterprises , on those services in order for them to reach consumers . given that increasing dependence , the providers of those services often have superior bargaining power , which enables them to effectively behave unilaterally in a way that can be unfair and that can be harmful to the legitimate interests of their businesses users and , indirectly , also of consumers in the union . ### online intermediation services can be crucial for the commercial success of undertakings who use such services to reach consumers . the growing intermediation of transactions through online intermediation services , fuelled by strong data - driven indirect network effects , lead to an increased dependence of such business users , including micro , small and medium - sized enterprises , on those services in order for them to reach consumers . given that increasing dependence , the providers of those services often have superior bargaining power , which enables them to effectively behave unilaterally in a way that can be unfair and that can be harmful to the legitimate interests of their businesses users and , indirectly , also of consumers in the union . it should thus be avoided that online intermediation services attain a dominant market position and undermine competition by using the power of network effects . it should also be avoided that by classifying workers as independent contractors , platforms may circumvent the requirements of labour law .


### a wide variety of business - to - consumer commercial relations are intermediated online by providers operating multi - sided services that are essentially based on the same ecosystem - building business model . in order to capture the relevant services , online intermediation services should be defined in a precise and technologically - neutral manner . in particular , the services should consist of information society services , which are characterised by the fact that they aim to facilitate the initiating of direct transactions between business users and consumers , irrespective of whether the transactions are ultimately concluded either online , on the online portal of the provider of the online intermediation services in question or that of the business user , or offline . in addition , the services should be provided on the basis of contractual relationships both between the providers and business users and between the providers and the consumers . such a contractual relationship should be deemed to exist where both parties concerned express their intention to be bound in an unequivocal and verifiable manner , without an express written agreement necessarily being required . ### a wide variety of business - to - consumer commercial relations are intermediated online by providers operating multi - sided services that are essentially based on the same ecosystem - building business model . in order to capture the relevant services , online intermediation services should be defined in a precise and technologically - neutral manner . in particular , the services should consist of information society services , which are characterised by the fact that they aim to facilitate the initiating of direct transactions between business users and consumers , irrespective of whether the transactions are ultimately concluded either online , on the online portal of the provider of the online intermediation services in question or that of the business user , or offline , meaning that there is no requirement for any contractual relationship between the business users and consumers as a precondition for the inclusion of an online intermediation service within the scope of this regulation . in addition , the services should be provided on the basis of contractual relationships both between the providers and business users and between the providers and the consumers . such a contractual relationship should be deemed to exist where both parties concerned express their intention to be bound in an unequivocal and verifiable manner , without an express written agreement necessarily being required . such a contractual relationship between the providers of online intermediation services and consumers should also be deemed to exist in cases where the services are supplied to the consumer against the provision of personal data or other data by the consumer .


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


### as the objective of this regulation , namely to ensure a fair , predictable , sustainable and trusted online business environment within the internal market , cannot be sufficiently achieved by the member states , but can rather , by reason of its scale and effects , be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve that objective . ### as the objective of this regulation , namely to ensure a clear , fair , predictable , sustainable and trusted online business environment within the internal market , cannot be sufficiently achieved by the member states , but can rather , by reason of its scale and effects , be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary to achieve that objective .


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


### 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 . ### the possibility to influence ranking against any direct or indirect remuneration paid by business users to the provider of online intermediation services concerned shall be prohibited . ranking should be established solely according to objective criteria regarding the quality of the good or service offered .


### this regulation lays down rules to ensure that business users of online intermediation services and corporate website users in relation to online search engines are granted appropriate transparency and effective redress possibilities . ### this regulation lays down rules to ensure that business users of online intermediation services and corporate website users in relation to online and connected search engines are granted appropriate fairness transparency and effective redress possibilities .


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


### ' 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 in search results 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 ;


### 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 apply restrictions and sanctions or 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 . 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 , delist 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 . it can also be under a legal obligation to remove certain content , or to suspend or terminate the provision of its services in whole or in part . however , given that such decisions can significantly affect the interests of the business user concerned , they should be properly informed in advance of the termination or suspension , except for in cases where a provider of online intermediation services is under a legal obligation to terminate its services immediately . there could also be cases in which the provider of the online intermediation service is not under a legal obligation to terminate its services , for example due to illegal or unsafe products or services being marketed , but where the provider has reasonable doubts regarding the safety of a product or service , counterfeiting , fraud , or suitability of the product or service to minors . in such cases , it should be possible for the provider of the online intermediation service to act immediately to protect consumers . however , in these exceptional cases where services could be terminated immediately , the business user should in any case be provided with a statement of reasons for the termination of the service . 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 , except in cases where a provider of online intermediation services is under a legal obligation not to disclose them . _________________ 22 commission recommendation no 2018 / 334 of 1 march 2018 on measures to effectively tackle illegal content online .


### any direct or indirect remuneration charged for the use of the online intermediation services concerned ; ### any direct or indirect remuneration charged for the use of the online intermediation services or online search engine services concerned ;


### providers of online intermediation services shall bear a reasonable proportion of the total costs of mediation in each individual case . a reasonable proportion of those total costs shall be determined , on the basis of a suggestion by the mediator , by taking into account all relevant elements of the case at hand , in particular the relative merits of the claims of the parties to the dispute , the conduct of the parties , as well as the size and financial strength of the parties relative to one another . however , providers of online intermediation services shall in any case bear at least half of the total cost . ### providers of online intermediation services shall bear a reasonable proportion of the total costs of mediation in each individual case . a reasonable proportion of those total costs shall be determined , on the basis of a suggestion by the mediator , by taking into account all relevant elements of the case at hand , in particular the relative merits of the claims of the parties to the dispute , the conduct of the parties , as well as the size and financial strength of the parties relative to one another .


### 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 apply restriction or sanctions to business users such as suspension or termination of 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 and consumers concerned , the business user concerned should be immediately informed of the decision and receive the reasons thereof . if the decision is based on notifications by third parties , these notifications should be sufficiently precise and adequately substantiated to enable the hosting provider to take an informed an diligent decision . providers should therefore be required to pass on the contents of such notifications to the business user in order to allow them to refute obviously wrongful notices . 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 . as providers of intermediation services may work with additional distribution channels or affiliate programs , transparency towards business users should be ensured in that regard . business users should have the right to make adjustments on channels where their offers are traded . __________________ 22 commission recommendation no 2018 / 334 of 1 march 2018 on measures to effectively tackle illegal content online .


### they allow business users to offer goods or services to consumers , with a view to facilitating the initiating of direct transactions between those business users and consumers , irrespective of where those transactions are ultimately concluded ; ### they allow business users to offer or promote goods or services to consumers , with a view to facilitating the initiating of direct transactions between those business users and consumers , irrespective of where those transactions are ultimately concluded ;


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


### they pursue objectives that are in the collective interest of the group of business users or corporate website users that they represent ; ### they pursue objectives that are in the collective interest of the group of business users or corporate website users that they represent ; the group shall consist of at least majority of business users or corporate website users ;


### the first evaluation of this regulation shall be carried out , in particular , with a view to assessing the compliance with , and impact on the online platform economy of , the obligations laid down in articles 5 , 6 , 7 and 8 , and whether additional rules , including regarding enforcement , may be required to ensure a fair , predictable , sustainable and trusted online business environment within the internal market . ### the first evaluation of this regulation shall be carried out , in particular , with a view to assessing the compliance with , and impact on the online platform economy of , the obligations laid down in articles 5 , 6 , 7 and 8 , and whether additional rules , including regarding enforcement , may be required to ensure a fair , predictable , sustainable and trusted online business environment within the internal market . as part of this evaluation , an assessment shall also be made of whether this regulation had any impact in the transport sector , in particular towards the achievement of the single european transport area .


### 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 . ### providers of online intermediation services shall not 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 .


### 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 . ### providers of online intermediation services shall not restrict the ability of business users to offer different conditions to consumers for obtaining the goods and services at issue through other means than those services .


### to ensure that the general terms and conditions of a contractual relationship enable business users to determine the commercial conditions for the use , termination and suspension of online intermediation services , and to achieve predictability regarding their business relationship , those terms and conditions should be drafted in clear and unambiguous language which is easily understood by an average business user . terms and conditions should not be considered to have been drafted in clear and unambiguous language where they are vague , unspecific or lack detail on important commercial issues and thus fail to give business users a reasonable degree of predictability on the most important aspects of the contractual relationship . ### to ensure that the general terms and conditions of a contractual relationship enable business users to determine the commercial conditions for the use , termination and suspension of online intermediation services , and to achieve predictability regarding their business relationship , those terms and conditions should be drafted in clear and unambiguous language which is easily understood by an average business user . terms and conditions should not be considered to have been drafted in clear and unambiguous language where they are vague , unspecific or lack detail on important commercial issues and thus fail to give business users a reasonable degree of predictability on the most important aspects of the contractual relationship . online intermediation services should not engage in unfair commercial practices , which enhance their superior bargaining power , violate good commercial conduct or contribute to transfer costs and risk unilaterally to their business users . online intermediation services should ensure that the general terms and conditions they offer are objective , non - discriminatory , fair and reasonable .


### 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 . ### the definition of online search engine used in this regulation should be broader than the definition used in directive 2016 / 1148 of the european parliament and of the council21 in order to ensure technology - neutrality and recognise the variety of search services . _________________ 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 .


### by [ date : three years after the date of entry into force ] , and subsequently every three years , the commission shall evaluate this regulation and report to the european parliament , the council and the european economic and social committee . ### by [ date : two years after the date of entry into force ] , and subsequently every three years , the commission shall evaluate this regulation and report to the european parliament , the council and the european economic and social committee .


### a wide variety of business - to - consumer commercial relations are intermediated online by providers operating multi - sided services that are essentially based on the same ecosystem - building business model . in order to capture the relevant services , online intermediation services should be defined in a precise and technologically - neutral manner . in particular , the services should consist of information society services , which are characterised by the fact that they aim to facilitate the initiating of direct transactions between business users and consumers , irrespective of whether the transactions are ultimately concluded either online , on the online portal of the provider of the online intermediation services in question or that of the business user , or offline . in addition , the services should be provided on the basis of contractual relationships both between the providers and business users and between the providers and the consumers . such a contractual relationship should be deemed to exist where both parties concerned express their intention to be bound in an unequivocal and verifiable manner , without an express written agreement necessarily being required . ### a wide variety of business - to - consumer commercial relations are intermediated online by providers operating multi - sided services that are essentially based on the same ecosystem - building business model . in order to capture the relevant services , online intermediation services should be defined in a precise and technologically - neutral manner . in particular , the services should consist of information society services , which are characterised by the fact that they aim to facilitate the initiating of direct transactions between business users and consumers , irrespective of whether the transactions are ultimately concluded either online , on the online portal of the provider of the online intermediation services in question or that of the business user , or offline , meaning that there is no requirement for any contractual relationship between the business users and consumers as a precondition for the inclusion of an online intermediation service within the scope of this regulation . in addition , the services should be provided on the basis of contractual relationships both between the providers and business users and between the providers and the consumers . such a contractual relationship should be deemed to exist where both parties concerned express their intention to be bound in an unequivocal and verifiable manner , without an express written agreement necessarily being required . such a contractual relationship between the providers of online intermediation services and consumers should also be deemed to exist in cases where the services are supplied to the consumer against the provision of personal data or other data by the consumer .


### where a provider of online intermediation services decides to suspend or terminate , in whole or in part , the provision of its online intermediation services to a given business user , it shall provide the business user concerned , without undue delay , with a statement of reasons for that decision . ### where a provider of online intermediation services decides to apply sanctions , such as suspend , de - list or terminate , in whole or in part , the provision of its online intermediation services to a given business user , it shall inform and provide the business user concerned , without undue delay , with a clear and coherent statement of reasons for that decision .


### the description referred to in paragraph 1 shall cover at least , where applicable , any differentiated treatment through specific measures taken by , or the behaviour of , the provider of the online intermediation services relating to any of the following : ### the description referred to in paragraph 1 and 2 shall cover at least , where applicable , any differentiated treatment through specific measures taken by , or the behaviour of , the provider of the online intermediation services or the provider of online search engines , relating to any of the following :


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


### in order to enable business users , including those whose use of the relevant online intermediation services might have been suspended or terminated , to have access to immediate , suitable and effective redress possibilities , providers of online intermediation services should provide for an internal complaint - handling system . that internal complaint - handling system should be aimed at ensuring that a significant proportion of complaints can be solved bilaterally by the provider of the online intermediation services and the relevant business user . in addition , ensuring that providers of online intermediation services publish information on the functioning and effectiveness of their internal complaint - handling system should help business users to understand the types of issues that can arise in the context of the provision of different online intermediation services and the possibility of reaching a quick and effective bilateral resolution . ### in order to enable business users , including those whose use of the relevant online intermediation services might have been suspended or terminated , to have access to immediate , suitable and effective redress possibilities , providers of online intermediation services should provide for an internal complaint - handling system . that internal complaint - handling system should be aimed at ensuring that a significant proportion of complaints can be solved bilaterally by the provider of the online intermediation services and the relevant business user . in addition , ensuring that providers of online intermediation services publish information on the functioning and effectiveness of their internal complaint - handling system should help business users to understand the types of issues and degree of difficulty that can arise in the context of the provision of different online intermediation services and the possibility of reaching a quick and effective bilateral resolution .


### where a provider of online intermediation services decides to suspend or terminate , in whole or in part , the provision of its online intermediation services to a given business user , it shall provide the business user concerned , without undue delay , with a statement of reasons for that decision . ### where a provider of online intermediation services decides to suspend , terminate or restrict in whole or in part , the provision of its online intermediation services to a given business user , it shall provide the business user or users concerned , without undue delay , with a statement of reasons for that decision .


### the stakeholder group shall be composed of six representatives of union - level social partners equally representing trade unions and employer’s organisations , and two representatives of the commission . ### the stakeholder group shall be composed of eight representatives of union - level social partners equally representing trade unions and employer’s organisations , four representatives of relevant civil society organisations , one representative of the ilo and two representatives of the commission .


### the term of office of the chairperson and the deputy chairperson shall be four years . their term of office may be renewed once . where , however , their membership of the management board ends at any time during their term of office , their term of office shall automatically expire on that date . ### the term of office of the chairperson and the deputy chairpersons shall be two years . their term of office may be renewed once . where , however , their membership of the management board ends at any time during their term of office , their term of office shall automatically expire on that date .


### carry out analyses and risk assessments on issues of cross - border labour mobility , in accordance with article 11 ; ### initiate analyses and carry out risk assessments on issues related to labour mobility within the internal market and issue opinions and recommendations , in accordance with article 11


### the stakeholder group shall be composed of six representatives of union - level social partners equally representing trade unions and employer’s organisations , and two representatives of the commission . ### the stakeholder group shall be composed of : one member representing the employers ' organisations from each member state ; one member representing the workers ' organisations from each member state ; six representatives of union - level social partners equally representing trade unions and employers ' organisations two representatives of the commission .


### the authority shall establish cooperation arrangements with other decentralised union agencies where appropriate . ### the authority shall establish cooperation arrangements with other decentralised union agencies where appropriate , in particular with eurofound , cedefop , eu - osha and the etf , in order to achieve coordination , promote synergies and avoid duplications in their activities for the sake of cost efficiency .


### facilitate access to information by individuals and employers on rights and obligations in cross - border situations as well as access to cross - border labour mobility services , in accordance with articles 6 and 7 ; ### facilitate access to information by individuals and social partners on rights and obligations in cross - border situations as well as access to cross - border labour mobility services , in accordance with articles 6 and 7 ;


### the management board shall be composed of one senior representative from each member state and two representatives of the commission , all of whom have voting rights . ### the management board shall be composed of : one senior representative from each member state ; one member representing the employers ' organisations from each member state ; one member representing the employees ' organisations from each member state ; two representatives of the commission ; three independent experts appointed by the european parliament .


### for these purposes , the authority should cooperate with other relevant union initiatives and networks , in particular the european network of public employment services 54 , the european enterprise network55 , the border focal point56 and solvit57 , as well as with relevant national services such as the bodies to promote equal treatment and to support union workers and members of their family , designated by member states under directive 2014 / 54 / eu , and national contact points designated under directive 2011 / 24 / eu of the european parliament and of the council58 to provide information on healthcare . the authority should also explore synergies with the proposed european services e - card59 , notably with regard to those cases in which member states opt for the submission of declarations regarding posted workers through the e - card platform . the authority should replace the commission in managing the european network of employment services european coordination office established pursuant to regulation no 2016 / 589 , including the definition of user needs and business requirements for the effectiveness of the eures portal and related it services , but excluding the it provision , and the operation and development of the it infrastructure , which will continue to be ensured by the commission . _________________ 54 decision no 573 / 2014 / eu of the european parliament and of the council of 15 may 2014 on enhanced cooperation between public employment services . 55 european enterprise network , https : / / een . ec . europa . eu / 56 communication from the commission to the council and the european parliament , boosting growth and cohesion in eu border regions , com 534 . 57 commission recommendation of 17 september 2013 on the principles governing solvit . 58 directive 2011 / 24 / eu of the european parliament and of the council of 9 march 2011 on the application of patients’ rights in cross - border healthcare . 59 com 824 final and com 823 final . ### for these purposes , the authority should cooperate with other relevant union initiatives and networks , in particular the european network of public employment services 54 , the european enterprise network55 , the border focal point56 and solvit57 , as well as with relevant national services such as the bodies to promote equal treatment and to support union workers and members of their family , designated by member states under directive 2014 / 54 / eu , and national contact points designated under directive 2011 / 24 / eu of the european parliament and of the council58 to provide information on healthcare . _________________ 54 decision no 573 / 2014 / eu of the european parliament and of the council of 15 may 2014 on enhanced cooperation between public employment services . 55 european enterprise network , https : / / een . ec . europa . eu / 56 communication from the commission to the council and the european parliament , boosting growth and cohesion in eu border regions , com 534 . 57 commission recommendation of 17 september 2013 on the principles governing solvit . 58 directive 2011 / 24 / eu of the european parliament and of the council of 9 march 2011 on the application of patients’ rights in cross - border healthcare .


### the authority shall encourage the use of innovative approaches to effective and efficient cross - border cooperation , and explore the potential use of electronic exchange mechanisms between the member states to facilitate the detection of fraud , providing reports to the commission with a view to their further development . ### the authority shall encourage the use of innovative approaches to effective and efficient cross - border cooperation , and explore the potential use of electronic exchange mechanisms between the member states to facilitate the detection of fraud , providing reports to the commission with a view to their further development , in accordance with union data protection law .


### support cooperation between member states in the cross - border enforcement of relevant union law , including facilitating joint inspections ; ### improve cooperation between member states in the cross - border enforcement of relevant union law , including facilitating joint inspections and increasing capacity building ;


### the management board shall be composed of one senior representative from each member state and two representatives of the commission , all of whom have voting rights . ### the management board shall be composed of : one senior representative from each member state ; one member representing the employers’ organisation from each member state ; one member representing the employees’ organisations from each member state ; two representatives of the commission ; all of whom have voting rights


### the authority shall assess risks and carry out analyses regarding cross - border labour flows , such as labour market imbalances , sector - specific threats and recurring problems encountered by individuals and employers in relation to cross - border mobility . for that purpose , the authority shall ensure complementarity with , and draw on the expertise of , other union agencies or services , including in the areas of skills forecasting and health and safety at work . upon a request by the commission , the authority may carry out focused in - depth analyses and studies to investigate specific labour mobility issues . ### the authority shall assess risks and initiate analyses regarding sector - specific challenges and recurring problems concerning labour mobility within the internal market . such analyses and assessments shall also take into consideration the impacts and the consequences of labour market imbalances . for that purpose , the authority shall ensure complementarity with , and draw on the expertise of other union agencies or services , including in the areas of discrimination of mobile workers , fraudulent work contracts , trafficking for labour exploitation and social fraud , as well as of skills forecasting and health and safety at work . upon a request by the commission or upon its own initiative , the authority may carry out focused in - depth analyses and studies to investigate specific labour mobility issues .


### the authority should provide a platform for resolving disputes between member states in relation to the application of union law that falls within its scope . it should build on dialogue and conciliation mechanisms that are currently in place in the area of social security coordination , which are valued by member states60 and their importance is recognised by the court of justice61 . member states should be able to refer cases to the authority for mediation according to standard procedures put in place for this purpose . the authority should only deal with disputes between member states , while individuals and employers facing difficulties with exercising their union rights should continue to have at their disposal the national and union services dedicated to dealing with such cases , such as the solvit network to which the authority should refer such cases . the solvit network should also be able to refer to the authority for its consideration cases in which the problem cannot be solved due to differences between national administrations . __________________ 60 council , partial general approach of 26 october 2017 on the proposal for a regulation amending regulation no 883 / 2004 on the coordination of social security systems and regulation no 987 / 2009 laying down the procedure for implementing regulation no 883 / 2004 13645 / 1 / 17 . 61 case c - 236 / 88 eu : c : 1990 : 303 , paragraph 17 ; case c - 202 / 97 eu : c : 2000 : 75 , paragraphs 57 - 58 ; case c - 178 / 97 eu : c : 2000 : 169 , paragraphs 44 - 45 ; case c - 2 / 05 eu : c : 2006 : 69 , paragraphs 28 - 29 ; case c - 12 / 14 eu : c : 2016 : 135 , paragraphs 39 - 41 ; case c - 359 / 16 eu : c : 2018 : 63 , paragraphs 44 - 45 . ### the authority should provide a platform for mediation and resolving disputes between member states in relation to the application of union law that falls within its scope . it should build on dialogue and conciliation mechanisms that are currently in place in the area of social security coordination , which are valued by member states60 and their importance is recognised by the court of justice61 . member states should be able to refer cases to the authority for mediation according to standard procedures put in place for this purpose . the authority should only deal with disputes between member states , while individuals and employers facing difficulties with exercising their union rights should continue to have at their disposal the national and union services dedicated to dealing with such cases , such as the solvit network to which the authority should refer such cases . the solvit network should also be able to refer to the authority for its consideration cases in which the problem cannot be solved due to differences between national administrations . __________________ 60 council , partial general approach of 26 october 2017 on the proposal for a regulation amending regulation no 883 / 2004 on the coordination of social security systems and regulation no 987 / 2009 laying down the procedure for implementing regulation no 883 / 2004 13645 / 1 / 17 . 61 case c - 236 / 88 eu : c : 1990 : 303 , paragraph 17 ; case c - 202 / 97 eu : c : 2000 : 75 , paragraphs 57 - 58 ; case c - 178 / 97 eu : c : 2000 : 169 , paragraphs 44 - 45 ; case c - 2 / 05 eu : c : 2006 : 69 , paragraphs 28 - 29 ; case c - 12 / 14 eu : c : 2016 : 135 , paragraphs 39 - 41 ; case c - 359 / 16 eu : c : 2018 : 63 , paragraphs 44 - 45 .


### facilitate cross - border enforcement procedures of penalties and fines ; ### help to ensure that cross - border enforcement procedures of penalties and fines work ;


### coordinate and support concerted and joint inspections , in accordance with articles 9 and 10 ; ### propose , coordinate and support concerted and joint inspections , in accordance with articles 9 and 10 ;


### provide relevant information to employers on labour rules , and the living and working conditions applicable to workers in cross - border labour mobility situations , including posted workers ; ### provide relevant information to the social partners on labour rules , and the living and working conditions applicable to workers in cross - border labour mobility situations , including posted workers ;


### article 13 mediation between member states in the event of disputes between member states regarding the application or interpretation of union law in areas covered by this regulation , the authority may perform a mediation role . 2 . upon request of one of the member states concerned by a dispute , the authority shall launch a mediation procedure before its mediation board set up for this purpose in accordance with article 17 . the authority may also launch a mediation procedure on its own initiative before the mediation board , including on the basis of a referral from solvit , subject to the agreement of all member states concerned by that dispute . 3 . when presenting a case for mediation by the authority , member states shall ensure that all personal data related to that case is anonymised and the authority shall not process the personal data of individuals concerned by the case at any point in the course of the mediation procedure . 4 . cases in which there are ongoing court proceedings at national or union level shall not be admissible for mediation by the authority . 5 . within three months of the conclusion of the mediation by the authority , the member states concerned shall report to the authority on measures they have taken in order to follow - up on it or on the reasons for not taking action in the event that they did not follow - up . 6 . the authority shall report to the commission on a quarterly basis about the outcomes of the mediation cases it handles . ### article 13 mediation between member states in the event of disputes between member states regarding the application or interpretation of union law in areas covered by this regulation , the authority may perform a mediation role , without prejudice to the procedures envisaged by the decision no a1 of 12 june 2009 concerning the establishment of a dialogue and conciliation procedure concerning the validity of documents , the determination of the applicable legislation and the provision of benefits under regulation no 883 / 2004 of the european parliament and the council . 2 . upon request of one of the member states concerned by a dispute , the authority shall launch a mediation procedure before its mediation board set up for this purpose in accordance with article 17 . the authority may also launch a mediation procedure on its own initiative before the mediation board if member states have not been able to resolve the dispute within a reasonable time after its emergence , taking into consideration the nature and specific requirements of each case . member states concerned take actively part in the mentioned procedure and make at disposal any relevant and / or requested information . 2 athe member states shall inform the persons concerned , such as employers , employees , self - employed persons , about the dispute and about the case being brought to the authority . they shall also be consulted and involved throughout the procedure . 3 . for the purposes of the mediation procedure , the member states concerned shall make available all requested and relevant information . when presenting a case for mediation by the authority , member states and all other parties that are heard by the authority or involved in the case shall ensure that all personal data related to that case is anonymised , in accordance with relevant union legislation on data protection and the authority shall not process the personal data of individuals concerned by the case at any point in the course of the mediation procedure or afterwards . 4 . cases in which there are ongoing court proceedings at national or union level shall not be admissible for mediation by the authority . 5 . within three months of the conclusion of successful mediation by the authority , the member states concerned shall report to the authority on measures they have taken in order to follow - up on it or on the reasons for not taking action in the event that they did not follow - up . 5 a . within three months of a decision by the dispute settlement board , the member states concerned shall notify the authority of the measures they have taken in response to the decision or which they have refrained from taking on the basis of the decision . 6 . the authority shall report to the commission , the european parliament and the member states on a quarterly basis about the outcomes of the mediation cases it handles . 6a . should a mediation procedure not have a positive outcome , the authority shall refer the parties in question to the relevant judicial authorities . 6b . at any stage throughout the mediation process , the member states concerned may agree with each other to having the mediation board act as an arbitrator and to be bound by its decision . this agreement shall be formally registered and made public .


### each year , the executive director shall draw up a draft single programming document containing in particular multi - annual and annual programming in accordance with commission delegated regulation no 1271 / 201373 and taking into account guidelines set by the commission . _________________ 73 commission delegated regulation no 1271 / 2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation no 966 / 2012 of the european parliament and of the council . ### each year , the executive director shall draw up a draft single programming document containing in particular multi - annual and annual programming in accordance with commission delegated regulation no 1271 / 201373 and taking into account guidelines set by the commission , after the document has been submitted to the stakeholder group for an opinion . _________________ 73 commission delegated regulation no 1271 / 2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation no 966 / 2012 of the european parliament and of the council .


### a european labour authority should be established in order to help strengthen fairness and trust in the single market . to that effect , the authority should support the member states and the commission in strengthening access to information for individuals and employers about their rights and obligations in cross - border labour mobility situations as well as access to relevant services , support compliance and cooperation between the member states to ensure the effective application of the union law in these areas , and mediate and facilitate a solution in case of cross - border disputes or labour market disruptions . ### a european labour authority should be established in order to help strengthen fairness and trust in the single market . to that effect , the authority should support the member states in strengthening their cooperation in order to ensure the effective application of the union law in the area of labour mobility within the internal . market and should mediate and facilitate a solution in case of disputes between member states concerning this law .


### to increase member states ' capacity to tackle irregularities with a cross - border dimension in relation to union law within its scope , the authority should support the national authorities in carrying out concerted and joint inspections , including by facilitating the implementation of the inspections in accordance with article 10 of directive 2014 / 67 / eu . these should take place at the request of member states or upon their agreement to the authority ' s suggestion . the authority should provide strategic , logistical , and technical support to member states participating in the concerted or joint inspections in full respect of confidentiality requirements . inspections should be carried out in agreement with the member states concerned and take place fully within the legal framework of national law of member states concerned , which should follow up on the outcomes of the concerted and joint inspections according to national law . ### to increase member states ' capacity to tackle irregularities with a cross - border dimension in relation to union law within its scope , the authority should support the national authorities in carrying out concerted and joint inspections , including by facilitating the implementation of the inspections in accordance with article 10 of directive 2014 / 67 / eu . these should take place at the request of member states or upon the authority ' s suggestion . the authority should provide strategic , logistical , and technical support to member states participating in the concerted or joint inspections in full respect of confidentiality requirements . inspections should be carried out in the member states concerned and take place fully within the legal framework of national law of member states concerned , which should follow up on the outcomes of the concerted and joint inspections according to national law . the results of the joint inspections should have legal effects in the member states concerned .


### the member states and the commission should be represented on a management board , in order to ensure the effective functioning of the authority . the composition of the management board , including the selection of its chair and deputy - chair , should respect the principles of gender balance , experience and qualification . in view of the effective and efficient functioning of the authority , the management board , in particular , should adopt an annual work programme , carry out its functions relating to the authority’s budget , adopt the financial rules applicable to the authority , appoint an executive director , and establish procedures for taking decisions relating to the operational tasks of the authority by the executive director . representatives from countries other than union member states , which are applying the union rules within the scope of the authority , may participate in the meetings of the management board as observers . ### the member states and the commission should be represented on a management board , in order to ensure the effective functioning of the agency . the composition of the management board , including the selection of its chair and deputy - chair , should respect the principles of gender balance , experience , qualification and equitable geographical representation . in view of the effective and efficient functioning of the agency , the management board , in particular , should adopt an annual work programme , carry out its functions relating to the agency’s budget , adopt the financial rules applicable to the agency , appoint an executive director , and establish procedures for taking decisions relating to the operational tasks of the agency by the executive director . representatives from countries other than union member states , which are applying the union rules within the scope of the agency may participate in the meetings of the management board as observers .


### facilitate access for individuals and employers to information on their rights and obligations as well as to relevant services ; ### facilitate and encourage the necessary activities for the purpose of promoting fair labour mobility as well as preventing and countering unfair labour mobility practices ;


### the authority should provide a platform for resolving disputes between member states in relation to the application of union law that falls within its scope . it should build on dialogue and conciliation mechanisms that are currently in place in the area of social security coordination , which are valued by member states60 and their importance is recognised by the court of justice61 . member states should be able to refer cases to the authority for mediation according to standard procedures put in place for this purpose . the authority should only deal with disputes between member states , while individuals and employers facing difficulties with exercising their union rights should continue to have at their disposal the national and union services dedicated to dealing with such cases , such as the solvit network to which the authority should refer such cases . the solvit network should also be able to refer to the authority for its consideration cases in which the problem cannot be solved due to differences between national administrations . _________________ 60 council , partial general approach of 26 october 2017 on the proposal for a regulation amending regulation no 883 / 2004 on the coordination of social security systems and regulation no 987 / 2009 laying down the procedure for implementing regulation no 883 / 2004 13645 / 1 / 17 . 61 case c - 236 / 88 eu : c : 1990 : 303 , paragraph 17 ; case c - 202 / 97 eu : c : 2000 : 75 , paragraphs 57 - 58 ; case c - 178 / 97 eu : c : 2000 : 169 , paragraphs 44 - 45 ; case c - 2 / 05 eu : c : 2006 : 69 , paragraphs 28 - 29 ; case c - 12 / 14 eu : c : 2016 : 135 , paragraphs 39 - 41 ; case c - 359 / 16 eu : c : 2018 : 63 , paragraphs 44 - 45 . ### the authority should provide a platform for resolving disputes between member states in relation to the application of union law that falls within its scope . it should build on democratic dialogue and conciliation mechanisms that are currently in place in the area of social security coordination , which are valued by member states60 and their importance is recognised by the court of justice61 . member states should be able to refer cases to the authority for dispute settlement . the authority should only deal with disputes between member states , while individuals and employers facing difficulties with exercising their union rights should continue to have at their disposal the national and union services dedicated to dealing with such cases , such as the solvit network to which the authority should refer such cases . the solvit network should also be able to refer to the authority for its consideration cases in which the problem cannot be solved due to differences between national administrations . _________________ 60 council , partial general approach of 26 october 2017 on the proposal for a regulation amending regulation no 883 / 2004 on the coordination of social security systems and regulation no 987 / 2009 laying down the procedure for implementing regulation no 883 / 2004 13645 / 1 / 17 . 61 case c - 236 / 88 eu : c : 1990 : 303 , paragraph 17 ; case c - 202 / 97 eu : c : 2000 : 75 , paragraphs 57 - 58 ; case c - 178 / 97 eu : c : 2000 : 169 , paragraphs 44 - 45 ; case c - 2 / 05 eu : c : 2006 : 69 , paragraphs 28 - 29 ; case c - 12 / 14 eu : c : 2016 : 135 , paragraphs 39 - 41 ; case c - 359 / 16 eu : c : 2018 : 63 , paragraphs 44 - 45 .


### mediate in disputes between member states ' authorities on the application of relevant union law , in accordance with article 13 ; ### mediate in disputes between member states ' authorities on the application of relevant union law , and , where necessary , help to settle disputes by means of decisions , in accordance with article 13 ;


### the stakeholder group may , in particular , submit opinions and advice to the authority on issues related to the application and enforcement of union law in the areas covered by this regulation . ### the stakeholder group shall , in particular : oversee the authority ' s activities ; approve by a two - thirds majority of its members the annual budget of the authority ; where appropriate , contribute to internal audit ; approve the appointment of the executive director , and where necessary the extension or removal of his or her term of office ; approve the authority’s draft single programming document referred to in article 25 before its submission to the commission for its opinion ; adopt , having received the opinion of the commission , the authority single programming document by a two - thirds majority in accordance with article 25 .


### the individuals covered by the activities of the authority should be persons who are subject to the union law within the scope of this regulation , including workers , self - employed persons , jobseekers , and economically non - active persons ; this should cover both union citizens and third - country nationals who are legally resident in the union , such as posted workers , eu blue card holders , intra - corporate transferees or long - term residents , as well as their family members . ### the individuals covered by the activities of the authority should be both union citizens and third - country nationals who are subject to the union law within the scope of this regulation , including workers , self - employed persons , jobseekers , and economically non - active persons in union cross - border mobility situations .


### implementing measures established by the management board to comply with obligations on data protection imposed by regulation no 45 / 2001 . ### internal rules established by the management board in accordance with regulation no 45 / 2001 .


### for these purposes , the authority should cooperate with other relevant union initiatives and networks , in particular the european network of public employment services 54 , the european enterprise network55 , the border focal point56 and solvit57 , as well as with relevant national services such as the bodies to promote equal treatment and to support union workers and members of their family , designated by member states under directive 2014 / 54 / eu , and national contact points designated under directive 2011 / 24 / eu of the european parliament and of the council58 to provide information on healthcare . the authority should also explore synergies with the proposed european services e - card59 , notably with regard to those cases in which member states opt for the submission of declarations regarding posted workers through the e - card platform . the authority should replace the commission in managing the european network of employment services european coordination office established pursuant to regulation no 2016 / 589 , including the definition of user needs and business requirements for the effectiveness of the eures portal and related it services , but excluding the it provision , and the operation and development of the it infrastructure , which will continue to be ensured by the commission . _________________ 54 decision no 573 / 2014 / eu of the european parliament and of the council of 15 may 2014 on enhanced cooperation between public employment services . 55 european enterprise network , https : / / een . ec . europa . eu / 56 communication from the commission to the council and the european parliament , boosting growth and cohesion in eu border regions , com 534 . 57 commission recommendation of 17 september 2013 on the principles governing solvit . 58 directive 2011 / 24 / eu of the european parliament and of the council of 9 march 2011 on the application of patients’ rights in cross - border healthcare . 59 com 824 final and com 823 final . ### for these purposes , the authority should cooperate with other relevant union initiatives and networks , in particular the european network of public employment services 54 , the european enterprise network55 , the border focal point56 and solvit57 , as well as with relevant national services such as the bodies to promote equal treatment and to support union workers and members of their family , designated by member states under directive 2014 / 54 / eu , and national contact points designated under directive 2011 / 24 / eu of the european parliament and of the council58 to provide information on healthcare . _________________ 54 decision no 573 / 2014 / eu of the european parliament and of the council of 15 may 2014 on enhanced cooperation between public employment services . 55 european enterprise network , https : / / een . ec . europa . eu / 56 communication from the commission to the council and the european parliament , boosting growth and cohesion in eu border regions , com 534 . 57 commission recommendation of 17 september 2013 on the principles governing solvit . 58 directive 2011 / 24 / eu of the european parliament and of the council of 9 march 2011 on the application of patients’ rights in cross - border healthcare .


### the executive director may be removed from office only upon a decision of the management board acting on a proposal from the commission . ### the executive director may be removed from office only upon a decision of the management board acting on a proposal from the commission , on the basis of a reasoned assessment of his or her performance as an executive director .


### the management board shall be composed of one senior representative from each member state and two representatives of the commission , all of whom have voting rights . ### the management board shall be composed of : one senior representative from each member state ; one member representing the employers’ organisation from each member state ; one member representing the employees’ organisations from each member state ; two representatives of the commission ; all of whom have voting rights


### the authority shall facilitate cooperation between member states and support their effective compliance with cooperation obligations , including on information exchange , as defined in union law within the scope of the authority’s competences . ### the authority shall facilitate cooperation between member states and help to ensure that they comply with their cooperation obligations , including on information exchange , as defined in union law within the scope of the authority’s competences .


### the executive director shall decide whether it is necessary to locate one or more staff in one or more member states . before deciding to establish a local office , the executive director shall obtain the prior consent of the commission , the management board and the member state concerned . the decision shall specify the scope of the activities to be carried out at the local office in a manner that avoids unnecessary costs and the duplication of administrative functions of the authority . a headquarters agreement with the member state concerned may be required . ### the executive director shall decide whether it is necessary to locate one or more staff in one or more member states , as well as to establish a liaison office in brussels to further the agency ' s cooperation with the relevant union institutions and bodies . before deciding to establish a local office , the executive director shall obtain the prior consent of the commission , the management board and the member state concerned . the decision shall specify the scope of the activities to be carried out at the local office in a manner that avoids unnecessary costs and the duplication of administrative functions of the authority . a headquarters agreement with the member state concerned may be required .


### when presenting a case for mediation by the authority , member states shall ensure that all personal data related to that case is anonymised and the authority shall not process the personal data of individuals concerned by the case at any point in the course of the mediation procedure . ### when presenting a case for mediation by the authority , member states shall ensure that all personal data related to that case is anonymised in such a manner that the data subject is not or no longer identifiable . the authority shall not process , under any circumstances , the personal data of individuals concerned by the case at any point and for any reason in the course of the mediation procedure . personal data shall be kept for no longer than is necessary for the purposes for which they are processed .


### the member states and the commission shall make efforts to limit the turnover of their representatives on the management board in order to ensure continuity of the board ' s work . all parties shall aim to achieve balanced representation between men and women on the management board . ### all parties represented in the management board shall make efforts to limit the turnover of their representatives in order to ensure continuity of the board ' s work . all parties shall aim to achieve balanced representation between men and women on the management board .


### concerted and joint inspections and their follow - up shall be carried out in accordance with the national law of the member states concerned . ### concerted and joint inspections and their follow - up shall be carried out in accordance with the national law of the member states concerned . officials participating in concerted or joint inspections shall have the minimum investigation powers set out in article 10b new that are necessary for the application of this regulation .


### the authority may set up working groups or expert panels with representatives from member states and / or from the commission , or external experts following selection procedures , for the fulfilment of its specific tasks or for specific policy areas , including a mediation board in order to fulfil its tasks in accordance with article 13 of this regulation , and a dedicated group for the purpose of handling financial matters related to the application of regulations no 883 / 2004 and no 987 / 2009 , as referred to in article 8 of this regulation . ### the authority may set up working groups or expert panels with representatives from member states and / or from the commission , or external experts following selection procedures , for the fulfilment of its specific tasks or for specific policy areas , including a mediation board and a dispute settlement board in order to fulfil its tasks in accordance with article 13 of this regulation , and a dedicated group for the purpose of handling financial matters related to the application of regulations no 883 / 2004 and no 987 / 2009 , as referred to in article 8 of this regulation .


### the authority shall facilitate cooperation between member states and support their effective compliance with cooperation obligations , including on information exchange , as defined in union law within the scope of the authority’s competences . ### the authority shall facilitate and encourage cooperation between member states and support their effective compliance with cooperation commitments , including on information exchange , as defined in union law within the scope of the authority’s competences as referred to in article 1 .


### the authority shall assess risks and carry out analyses regarding cross - border labour flows , such as labour market imbalances , sector - specific threats and recurring problems encountered by individuals and employers in relation to cross - border mobility . for that purpose , the authority shall ensure complementarity with , and draw on the expertise of , other union agencies or services , including in the areas of skills forecasting and health and safety at work . upon a request by the commission , the authority may carry out focused in - depth analyses and studies to investigate specific labour mobility issues . ### the authority shall assess risks and initiate analyses regarding sector - specific challenges and recurring problems concerning labour mobility within the internal market . such analyses and assessments shall also take into consideration the impacts and the consequences of labour market imbalances . for that purpose , the authority shall ensure complementarity with , and draw on the expertise of other union agencies or services , including in the areas of discrimination of mobile workers , fraudulent work contracts , trafficking for labour exploitation and social fraud , as well as of skills forecasting and health and safety at work . upon a request by the commission or upon its own initiative , the authority may carry out focused in - depth analyses and studies to investigate specific labour mobility issues .


### the stakeholder group shall be chaired by the executive director and shall meet at least twice a year on the initiative of the executive director or at the request of the commission . ### the stakeholder group shall be chaired by the executive director and shall hold at least two ordinary meetings per year . in addition , it shall meet on the initiative of the executive director or at the request of the commission , or at the request of a majority of its members .


### to increase member states ' capacity to tackle irregularities with a cross - border dimension in relation to union law within its scope , the authority should support the national authorities in carrying out concerted and joint inspections , including by facilitating the implementation of the inspections in accordance with article 10 of directive 2014 / 67 / eu . these should take place at the request of member states or upon their agreement to the authority ' s suggestion . the authority should provide strategic , logistical , and technical support to member states participating in the concerted or joint inspections in full respect of confidentiality requirements . inspections should be carried out in agreement with the member states concerned and take place fully within the legal framework of national law of member states concerned , which should follow up on the outcomes of the concerted and joint inspections according to national law . ### to increase member states ' capacity to tackle irregularities with a cross - border dimension in relation to union law within its scope , the authority should support the national authorities in carrying out concerted and joint inspections , including by facilitating the implementation of the inspections in accordance with article 10 of directive 2014 / 67 / eu . these should take place at the request of member states or upon the authority ' s suggestion . the authority should provide strategic , logistical , and technical support to member states participating in the concerted or joint inspections in full respect of confidentiality requirements . inspections should be carried out in the member states concerned and take place fully within the legal framework of national law of member states concerned , which should follow up on the outcomes of the concerted and joint inspections according to national law . the results of the joint inspections should have legal effects in the member states concerned .


### the term of office of the chairperson and the deputy chairperson shall be four years . their term of office may be renewed once . where , however , their membership of the management board ends at any time during their term of office , their term of office shall automatically expire on that date . ### the term of office of the chairperson and the deputy chairpersons shall be two years . their term of office may be renewed once . where , however , their membership of the management board ends at any time during their term of office , their term of office shall automatically expire on that date .


### the authority shall regularly report its findings to the commission , as well as directly to the member states concerned , outlining possible measures to address identified weaknesses . ### the authority shall issue semi - annual reports on its findings to the commission , as well as directly to the member states concerned , outlining possible measures to address identified weaknesses . these reports shall be made publicly available .


### a european labour authority should be established in order to help strengthen fairness and trust in the single market . to that effect , the authority should support the member states and the commission in strengthening access to information for individuals and employers about their rights and obligations in cross - border labour mobility situations as well as access to relevant services , support compliance and cooperation between the member states to ensure the effective application of the union law in these areas , and mediate and facilitate a solution in case of cross - border disputes or labour market disruptions . ### a european labour authority should be established in order to help strengthen fairness and trust in the single market . to that effect , the authority should support the member states in strengthening their cooperation in order to ensure the effective application of the union law in the area of labour mobility within the internal . market and should mediate and facilitate a solution in case of disputes between member states concerning this law .


### a european labour authority should be established in order to help strengthen fairness and trust in the single market . to that effect , the authority should support the member states and the commission in strengthening access to information for individuals and employers about their rights and obligations in cross - border labour mobility situations as well as access to relevant services , support compliance and cooperation between the member states to ensure the effective application of the union law in these areas , and mediate and facilitate a solution in case of cross - border disputes or labour market disruptions . ### a european labour authority should be established in order to help strengthen fairness and trust in the single market . to that effect , the authority should support the member states and the commission in strengthening access to information for individuals and employers about their rights and obligations in cross - border labour mobility situations as well as access to relevant services , help to improve compliance and cooperation between the member states to ensure the effective application of the union law in these areas , and mediate and facilitate a solution in case of cross - border disputes or labour market disruptions . to this end , the authority should also be able to take binding decisions where necessary .


### in order to reflect this new institutional set - up , regulations no 883 / 2004 , no 987 / 2009 , no 492 / 2011 , and 2016 / 589 should be amended , and decision 2009 / 17 / ec and decision 2016 / 344 should be repealed . ### in order to reflect this new institutional set - up , regulations no 883 / 2004 , no 987 / 2009 , no 492 / 2011 and decision 2016 / 344 should be amended , and decision 2009 / 17 / ec should be repealed .


### the authority should perform its activities in the areas of cross - border labour mobility and social security coordination , including free movement of workers , posting of workers and highly mobile services . it should also enhance cooperation between member states in tackling undeclared work . in cases where the authority , in the course of the performance of its activities , becomes aware of suspected irregularities , including in areas of union law beyond its scope , such as violations of working conditions , health and safety rules , or the employment of illegally staying third - country nationals , it should be able to report them and cooperate on these matters with the commission , competent union bodies , and national authorities where appropriate . ### the authority should perform its activities in the areas of labour mobility within the internal market and social security coordination , including freedom of movement for workers , as well as freedom of establishment and freedom to provide services . it should also provide operational support to the european platform to enhance cooperation in tackling undeclared work by assuming the functions of its secretariat . in cases where the authority , in the course of the performance of its activities , becomes aware of suspected irregularities , including in areas of union law beyond its scope , such as violations of working conditions , health and safety rules , or the employment of illegally staying third - country nationals , it should be able to report them and cooperate on these matters with the commission , competent union bodies and national authorities where appropriate .