Regulation (EU) 2019/1150
|Title:||Regulation (EU) No. 2019/1150 of the European Parliament and of the Council of June 20, 2019 on the promotion of fairness and transparency for business users of online intermediation services|
|Regulation to promote fairness and transparency|
|Legal matter:||civil right|
|Basis:||Article 114 TFEU|
|Procedure overview:|| European Commission |
|Come into effect:||July 31, 2019|
|To be used from:||July 12, 2020|
|Reference:||ABl. L 186, 11. Juli 2019, S. 57 ff|
|Full text|| Consolidated version (not official) |
|Regulation has entered into force and is applicable.|
|Please note the information on the current version of legal acts of the European Union !|
The Regulation (EU) 2019/1150 to promote fairness and transparency of 20 June 2019 (also: Platform-to-business VO or P2B regulation or shortly P2B-VO called  ) the fairness and transparency and legal aid possibilities regulates favor of users  of online brokerage services and online search engines that are operated by entrepreneurs and that offer their customers products (Article 1, Paragraph 1 of the P2B Regulation).
Objective and purpose of the regulation
Platform-based business models (online brokerage services) have become an integral part of national and cross-border trade. In particular, digital sales are important for the European internal market in order to find customers, offer services and present the attractiveness and advantages of one's own services. These online electronic brokerage services make a significant contribution to doing business online. Micro, small and medium-sized enterprises ( SMEs ) are now very largely dependent on such online intermediation services. Good and effective product placements and ranking options (e.g. in the sense of a satisfaction index with the performance of the offering entrepreneur) also increase sales.
With the P2B-VO , the European Union wants to prevent existing and new business models or offers from being blocked, influenced unilaterally or from being disadvantaged in any way by entrepreneurs or consumers offering them.
The aim of the regulation is therefore to oblige commercial operators of online brokerage services and online search engines to be more transparent and fair with their customers and users. The P2B-VO aims to achieve a balance between the market power of commercial operators of online brokerage services and online search engines and customers, so that users (especially micro, small and medium-sized enterprises) are better protected. In particular, online intermediation services can also be critical to the business success of SMEs “who use such services to reach consumers”. 
In particular, with regard to commercial users:
- possible dependencies for SMEs that consumers want to achieve,
- too great bargaining power on the part of the providers of online brokerage services (platforms) or online search engines,
- unfair behavior which may harm the legitimate interests of its business users and, indirectly, of consumers in the Union,
- Practices that grossly deviate from good business practice or that violate the principles of good faith and fair business dealings,
Among other things, through
- a comprehensible drafting of general terms and conditions,  their amendment and through certain information obligations,
- the disclosure of ranking parameters, 
- Disclosure of the scope, type and conditions of access to certain categories of data and their use,  and
- Participation in out-of-court dispute resolution mechanisms (information requirements, free complaint management (internal) and mediation (external)),
a break in one-sided market power and ensure a fair, predictable, sustainable and trustworthy online business environment in the internal market. 
Online mediation services
Online switching services according to the P2B-VO are for example: 
- Online marketplaces for electronic commerce,
- collaborative marketplaces on which commercial users are active,
- Booking and price comparison portals,
- Online services for software applications (e.g. application stores),
- Online social media services (if commercial use is possible),
- Functions provided by voice assistance technology.
The P2B-VO also applies to online search engines. [8th]
The P2B-VO does not apply to 
- Online payment services.
- Peer-to-peer online switching services without the involvement of commercial users,
- pure business-to-business online mediation services that are not offered to consumers,
- Online advertising placement tools and,
- Online advertising exchanges that are not provided to facilitate the initiation of direct transactions and for which there is no contractual relationship with consumers,
- Software services for search engine optimization as well
- Services related to ad blocking software,
- technical functions and interfaces that only connect hardware and applications (with exceptions),
No equal treatment requirement
The P2B-VO does not standardize the right to equal treatment. Commercial users of online intermediation services can (continue to) be treated unequally by the operator of an online intermediation service, provided this is done according to transparent criteria and is disclosed. However, such unequal treatment of commercial users may be prohibited under national law or other legal bases of the European Union. 
No right to access customer data
The P2B-VO does not standardize the right of commercial users to data from customers that are collected and processed by the online brokerage service. There is a transparency requirement for this. The commercial user can request that the online intermediary service explains in its terms and conditions whether and to what extent it grants or denies commercial users access to customer data or other data.
This also applies in particular if an online brokerage service offers goods itself. 
Applicability of the P2B-VO
The P2B-VO applies if information society services are offered that are “characterized by the fact that they aim to initiate direct transactions between commercial users and consumers, regardless of whether the transactions are ultimately online, on the Online portal of the respective provider of online intermediation services or of the commercial user, offline or not at all ". It is therefore not a prerequisite that online intermediation services fall within the scope of this regulation, that there is a contractual relationship between commercial users and consumers. 
However, the P2B-VO is basically aimed at commercial users and not at consumers who use online intermediation services. 
The regulation applies - because of the often global dimension of these providers online brokerage services and online search engines - regardless of where the online brokerage services and online search engines settled are or headquarters have and regardless of the otherwise applicable law, provided that:
- "Business users or users with a corporate website are established in the Union", or
- "Business users or users with company websites offer their goods or services through these services to consumers who are in the Union for at least part of the transaction". 
With regard to the criteria described above, the relevant case law "of the Court of Justice of the European Union on Article 17 Paragraph 1 Letter c of the" Brussels Ia Regulation and on "Article 6 Paragraph 1 Letter b of Regulation (EC) No. 593/2008" ( Rome I Regulation ). For the application of the P2B Regulation , it is also sufficient if there are consumers in the Union. They neither have to be resident in the EU nor have the citizenship of a Union member state.
However , situations are excluded from the application of the P2B Regulation in which "commercial users or users with a company website are not established in the Union or if they are established in the Union but use online intermediation services or online search engines to find goods or To offer services only to consumers outside the Union or to persons who are not consumers ”. 
Remedies and Law Enforcement
In addition to the free option of internal complaints (free complaint management) and external search for solutions (external mediator), for which the providers of online mediation services and online search engines are responsible, the competent authorities and / or courts of the Union member states can still be called upon.
According to Article 15 (1) of the P2B Regulation , every EU member state is obliged to ensure that this regulation is adequately and effectively enforced. The measures taken to apply in the event of a breach of this Regulation "must be effective, proportionate and dissuasive".
To enforce the P2B-VO before national courts are also
- representative and suitable, non-profit-making organizations or associations that have a legitimate interest in representing commercial users or users with company websites, or also
- public bodies
empowered. Existing authorities, including courts, are to be entrusted with the enforcement of the P2B Regulation in the EU member states. 
Legal basis and effect of the regulation
The regulation on the promotion of fairness and transparency ( P2B-VO ) is based in particular on Article 5 TEU ( subsidiarity clause ) and Article 114 TFEU . Article 114 TFEU stipulates that the European Union can enact provisions that contain measures to approximate the laws and regulations of the Member States, if these have as their object the establishment and functioning of the internal market and are necessary for this functioning of the internal market. The P2B Regulation also changes Article 47 of the Charter of Fundamental Rights of the European Union with regard to the rights of every Union citizento “ensure full legal remedy and an impartial tribunal” and “promote the application of the freedom to conduct a business enshrined in Article 16 of the Charter of Fundamental Rights”.  
The ordinance was issued under the ordinary legislative procedure .
The European Commission is entitled and, in accordance with the P2B Regulation, should develop guidelines “which offer the providers of online intermediation services and online search engines assistance in applying the transparency regulations set out in this regulation for ranking. In this way a contribution should be made to the optimization of the way in which the main parameters for determining the ranking are determined and presented to commercial users and users with company websites ”. The European Commission should call on "providers of online intermediation services and organizations and associations that represent them" to develop, adopt and implement codes of conduct "together with business users, including SMEs, and their representative organizations" which "ensure the correct application of this regulation and which take into account the specific characteristics of the various sectors in which online intermediation services are offered and the specific characteristics of SMEs ”. 
The P2B-VO does not affect national civil law , in particular contract law (eg: provisions on the validity, formation, effects or termination of a contract), "as far as the provisions of national civil law are in accordance with Union law and the relevant aspects are not covered by this regulation ”. 
In addition to the P2B Regulation, the Union member states can continue to apply national legal provisions "which prohibit or punish unilateral acts or unfair business practices, unless the relevant aspects are regulated by the provisions of this regulation". 
Structure and content of the regulation
- Article 1 (subject matter and scope)
- Article 2 (definitions)
- Article 3 (General Terms and Conditions)
- Article 4 (restriction, suspension and termination)
- Article 5 (Ranking)
- Article 6 (ancillary goods and services)
- Article 7 (differentiated treatment)
- Article 8 (special contractual provisions)
- Article 9 (data access)
- Article 10 (Restriction of the possibility of offering other conditions by other means)
- Article 11 (internal complaint management system)
- Article 12 (mediation)
- Article 13 (Specialized Mediators)
- Article 14 (complaints brought before the courts by representative organizations or associations and by public bodies)
- Article 15 (enforcement)
- Article 16 (surveillance)
- Article 17 (Code of Conduct)
- Article 18 (review)
- Article 19 (entry into force and beginning of application)
Signing, entry into force, validity
The P2B-VO entered in accordance with Article 19 on July 31, 2019 and is valid from 12 July 2020th
It is binding in its entirety and is directly applicable in every EU member state.
- Tobias Haar: Platform-to-Business Regulation comes into force . In: iX . No. 8, 2020, S. 84–86 ( heise.de [accessed July 30, 2020]).
- englisch Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services , französisch Regulation (UE) 2019/1150 of the European Parliament and of the Council of 20 June 2019 promoting fairness and transparency for businesses using online intermediation services .
- For the term user see Article 2 no. 2 and 7 and on the term consumer Article 2 no. 4 P2B-VO.
- See Articles 11 to 13 and Recitals 2 to 7 and 14 to 27 as well as 29 to 32 and 36 to 44 of the P2B Regulation.
- For the term general terms and conditions see Article 2 no. 10 P2B-VO and Article 3 P2B-VO.
- However, according to the P2B-VO, providers of online brokerage services or online search engines are not obliged to disclose the detailed functioning of their ranking methods - including the algorithms. See Recital 27 of the P2B Regulation. For the term ranking, see Article 2 no. 8 P2B-VO and Article 5 P2B-VO. However, you must meet the criteria according to which z. B. Products listed or how these criteria are weighted in the terms and conditions.
- See Article 9 and z. B. Recitals 33 to 35 of the P2B Regulation
- See Article 1, Paragraph 2, Article 2, No. 2 and recitals 11 to 13 of the P2B Regulation.
- For the term online search engines, see Article 2 no. 5 P2B-VO.
- See Article 1 Paragraph 3 and Recitals 11 to 13 of the P2B Regulation.
- See Article 1, Paragraph 4 and Recital 8 P2B-VO .
- See also Article 7 of the P2B Regulation.
- Recital 10 of the P2B Regulation.
- See Recital 9 and Article 1 Paragraph 2 of the P2B Regulation.
- See Article 14 and Recitals 45 and 46 of the P2B Regulation.
- For the development of these provisions on the various treaty versions since 1957 see: Antonius Opilio : EUV | EGV | AEU. 2nd edition, Edition Europa, Dornbirn 2008, ISBN 3-901924-27-2 ( limited preview in the Google book search).
- See also recitals 51 and 52 of the P2B Regulation.
- See Recital 28 of the P2B Regulation.
- Article 17 P2B-VO.