Chapter III, Article 9, Paragraph 1. · Digital Markets Act

Contents

1.Where the gatekeeper demonstrates in a reasoned request that compliance with a specific obligation laid down in Article 5, 6 or 7 for a core platform service listed in the designation decision pursuant to Article 3(9) would endanger, due to exceptional circumstances beyond the gatekeeper’s control, the economic viability of its operation in the Union, the Commission may adopt an implementing act setting out its decision to exceptionally suspend, in whole or in part, the specific obligation referred to in that reasoned request (‘the suspension decision’). In that implementing act, the Commission shall substantiate its suspension decision by identifying the exceptional circumstances justifying the suspension. That implementing act shall be limited to the extent and the duration necessary to address such threat to the gatekeeper’s viability. The Commission shall aim to adopt that implementing act without delay and at the latest 3 months following receipt of a complete reasoned request. That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 50(2).

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Defined terms · 33

Show every defined term

business user
means any natural or legal person acting in a commercial or professional capacity using core platform services for the purpose of or in the course of providing goods or services to end users;
cloud computing service
means a cloud computing service as defined in Article 4, point (19), of Directive (EU) 2016/1148 of the European Parliament and of the Council;
consent
means consent as defined in Article 4, point (11), of Regulation (EU) 2016/679;
control
means the possibility of exercising decisive influence on an undertaking, within the meaning of Article 3(2) of Regulation (EC) No 139/2004;
core platform service
means any of the following:
data
means any digital representation of acts, facts or information and any compilation of such acts, facts or information, including in the form of sound, visual or audiovisual recording;
digital sector
means the sector of products and services provided by means of, or through, information society services;
end user
means any natural or legal person using core platform services other than as a business user;
gatekeeper
means an undertaking providing core platform services, designated pursuant to Article 3;
identification service
means a type of service provided together with or in support of core platform services that enables any type of verification of the identity of end users or business users, regardless of the technology used;
information society service
means any service as defined in Article 1(1), point (b), of Directive (EU) 2015/1535;
interoperability
means the ability to exchange information and mutually use the information which has been exchanged through interfaces or other solutions, so that all elements of hardware or software work with other hardware and software and with users in all the ways in which they are intended to function;
national court
means a court or tribunal of a Member State within the meaning of Article 267 TFEU.
non-personal data
means data other than personal data;
number-independent interpersonal communications service
means a number-independent interpersonal communications service as defined in Article 2, point (7), of Directive (EU) 2018/1972;
online intermediation services
means online intermediation services as defined in Article 2, point (2), of Regulation (EU) 2019/1150;
online search engine
means an online search engine as defined in Article 2, point (5), of Regulation (EU) 2019/1150;
online social networking service
means a platform that enables end users to connect and communicate with each other, share content and discover other users and content across multiple devices and, in particular, via chats, posts, videos and recommendations;
operating system
means a system software that controls the basic functions of the hardware or software and enables software applications to run on it;
payment service
means a payment service as defined in Article 4, point (3) of Directive (EU) 2015/2366;
payment system for in-app purchases
means a software application, service or user interface which facilitates purchases of digital content or digital services within a software application, including content, subscriptions, features or functionality, and the payments for such purchases;
personal data
means personal data as defined in Article 4, point (1), of Regulation (EU) 2016/679;
profiling
means profiling as defined in Article 4, point (4), of Regulation (EU) 2016/679;
ranking
means the relative prominence given to goods or services offered through online intermediation services, online social networking services, video-sharing platform services or virtual assistants, or the relevance given to search results by online search engines, as presented, organised or communicated by the undertakings providing online intermediation services, online social networking services, video-sharing platform services, virtual assistants or online search engines, irrespective of the technological means used for such presentation, organisation or communication and irrespective of whether only one result is presented or communicated;
search results
means any information in any format, including textual, graphic, vocal or other outputs, returned in response to, and related to, a search query, irrespective of whether the information returned is a paid or an unpaid result, a direct answer or any product, service or information offered in connection with the organic results, or displayed along with or partly or entirely embedded in them;
software application
means any digital product or service that runs on an operating system;
software application stores
means a type of online intermediation services, which is focused on software applications as the intermediated product or service;
technical service supporting payment service
means a service within the meaning of Article 3, point (j), of Directive (EU) 2015/2366;
turnover
means the amount derived by an undertaking within the meaning of Article 5(1) of Regulation (EC) No 139/2004;
undertaking
means an entity engaged in an economic activity, regardless of its legal status and the way in which it is financed, including all linked enterprises or connected undertakings that form a group through the direct or indirect control of an enterprise or undertaking by another;
video-sharing platform service
means a video-sharing platform service as defined in Article 1(1), point (aa), of Directive 2010/13/EU;
virtual assistant
means a software that can process demands, tasks or questions, including those based on audio, visual, written input, gestures or motions, and that, based on those demands, tasks or questions, provides access to other services or controls connected physical devices;
web browser
means a software application that enables end users to access and interact with web content hosted on servers that are connected to networks such as the Internet, including standalone web browsers as well as web browsers integrated or embedded in software or similar;