Amendment 209· Digital Omnibus proposal Recital 26c (new)

(26c)In order to apply differentiated conditions without relying on the place of establishment of an undertaking, the notion of very large enterprise should be defined by reference to effect-based criteria: significant economic power on one or more markets in the digital economy, designation as a gatekeeper or the provision of core platform services, annual worldwide turnover and market capitalisation, and the ability to access, accumulate or aggregate large volumes of data across services or jurisdictions. Such an approach captures market power irrespective of the origin of the undertaking and avoids any discrimination based on nationality.