Digital Omnibus tracker

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

Article 4

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 4

Restriction, suspension and termination

  1. 1.

    Where a provider of online intermediation services decides to restrict or suspend the provision of its online intermediation services to a given business user in relation to individual goods or services offered by that business user, it shall provide the business user concerned, prior to or at the time of the restriction or suspension taking effect, with a statement of reasons for that decision on a durable medium.

  2. 2.

    Where a provider of online intermediation services decides to terminate the provision of the whole of its online intermediation services to a given business user, it shall provide the business user concerned, at least 30 days prior to the termination taking effect, with a statement of reasons for that decision on a durable medium.

  3. 3.

    In the case of restriction, suspension or termination, the provider of online intermediation services shall give the business user the opportunity to clarify the facts and circumstances in the framework of the internal complaint-handling process referred to in Article 11. Where the restriction, suspension or termination is revoked by the provider of online intermediation services, it shall reinstate the business user without undue delay, including providing the business user with any access to personal or other data, or both, that resulted from its use of the relevant online intermediation services prior to the restriction, suspension or termination having taken effect.

  4. 4.

    The notice period in paragraph 2 shall not apply where a provider of online intermediation services:

    In cases where the notice period in paragraph 2 does not apply, the provider of online intermediation services shall provide the business user concerned, without undue delay, with a statement of reasons for that decision on a durable medium.

    1. (a)

      is subject to a legal or regulatory obligation which requires it to terminate the provision of the whole of its online intermediation services to a given business user in a manner which does not allow it to respect that notice period; or

    2. (b)

      exercises a right of termination under an imperative reason pursuant to national law which is in compliance with Union law;

    3. (c)

      can demonstrate that the business user concerned has repeatedly infringed the applicable terms and conditions, resulting in the termination of the provision of the whole of the online intermediation services in question.

  5. 5.

    The statement of reasons referred to in paragraphs 1, and 2 and in the second subparagraph of paragraph 4 shall contain a reference to the specific facts or circumstances, including contents of third party notifications, that led to the decision of the provider of online intermediation services, as well as a reference to the applicable grounds for that decision referred to in point (c) of Article 3(1).

    A provider of online intermediation services does not have to provide a statement of reasons where it is subject to a legal or regulatory obligation not to provide the specific facts or circumstances or the reference to the applicable ground or grounds, or where a provider of online intermediation services can demonstrate that the business user concerned has repeatedly infringed the applicable terms and conditions, resulting in termination of the provision of the whole of the online intermediation services in question.

Commission source wording and instructions

Article 4

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 4

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