Digital Omnibus tracker

Platform-to-Business Regulation · Regulation (EU) 2019/1150

Article 11

Compare the available Commission, Council and Parliament texts and amendments affecting this article.

Article total: 1 part · 4 Council drafts · 1 Parliament amendment

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Institutional text

The wording proposed by the Commission at the start of this legislative file.

Full article with Commission changes

Article with proposed changes

Official consolidated text dated 20 June 2019, with the Commission proposal change affecting this article applied.

Article 11

Internal complaint-handling system

  1. 1.

    Providers of online intermediation services shall provide for an internal system for handling the complaints of business users.

    That internal complaint-handling system shall be easily accessible and free of charge for business users and shall ensure handling within a reasonable time frame. It shall be based on the principles of transparency and equal treatment applied to equivalent situations, and treating complaints in a manner which is proportionate to their importance and complexity. It shall allow business users to lodge complaints directly with the provider concerned regarding any of the following issues:

    1. (a)

      alleged non-compliance by that provider with any obligations laid down in this Regulation which affects the business user lodging the complaint (‘the complainant’);

    2. (b)

      technological issues which relate directly to the provision of online intermediation services, and which affect the complainant;

    3. (c)

      measures taken by, or behaviour of, that provider which relate directly to the provision of the online intermediation services, and which affect the complainant.

  2. 2.

    As part of their internal complaint-handling system, providers of online intermediation services shall:

    1. (a)

      duly consider complaints lodged and the follow-up which they may need to give to the complaint in order to adequately address the issue raised;

    2. (b)

      process complaints swiftly and effectively, taking into account the importance and complexity of the issue raised;

    3. (c)

      communicate to the complainant the outcome of the internal complaint-handling process, in an individualised manner and drafted in plain and intelligible language.

  3. 3.

    Providers of online intermediation services shall provide in their terms and conditions all relevant information relating to the access to and functioning of their internal complaint-handling system.

  4. 4.

    Providers of online intermediation services shall establish and make easily available to the public information on the functioning and effectiveness of their internal complaint-handling system. They shall verify the information at least annually and where significant changes are needed, they shall update that information.

    That information shall include the total number of complaints lodged, the main types of complaints, the average time period needed to process the complaints and aggregated information regarding the outcome of the complaints.

  5. 5.

    The provisions of this Article shall not apply to providers of online intermediation services that are small enterprises within the meaning of the Annex to Recommendation 2003/361/EC.

Commission source wording and instructions

Article 11

Commission proposal

2. By way of derogation from paragraph 1, the following provisions shall continue to apply until 31 December 2032: (a) Article 2, point (1); (b) Article 2, point (2); (c) Article 2, point (5); (d) Article 4; (e) Article 11; (f) Article 15.

Institutional text

Council Presidency texts

Successive Presidency compromise texts. Their inclusion does not imply agreement or adoption.

Article 11

May Presidency compromise

Proposed change withdrawn

This Council draft strikes the proposed change. This withdraws proposal wording; it does not delete wording from existing law.

Competing proposals

European Parliament amendments

These are alternative tabled amendments. An amendment affecting several tracked parts appears once here, with each target identified.

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Remove proposed wording Amendment 531 · Virginie Joron IMCO
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Source identification

The literal header reads Article 10 – paragraph 2 / Regulation (EU) 2019/1150 / Full version. Its placeholder or broad scope label is preserved rather than treated as a provision; the proposal parent and supplied base independently support Regulation (EU) 2019/1150 Article 11, Regulation (EU) 2019/1150 Article 15, Regulation (EU) 2019/1150 Article 2(1), Regulation (EU) 2019/1150 Article 2(2), Regulation (EU) 2019/1150 Article 2(5), Regulation (EU) 2019/1150 Article 4.

Header printed in the source: Article 10 – paragraph 2 / Regulation (EU) 2019/1150 / Full version

Deletion marker printed in the source: deleted