§1.3.2 Individual assessment and technologically neutral approach

20. Providers should individually determine what measures they need to take to comply with the requirements of Article 5. Where they provide multiple services, they should in principle do so separately for each service covered by the Regulation. Likewise, users, competent authorities and courts should base themselves on an individual, case-by-case assessment as to whether or not those requirements are complied with. This individual approach is particularly important given that certain providers supply several services (online intermediation and/or online search) as part of a single corporate structure, or even a single user interface, whilst the description needed for users to adequately understand the ranking mechanisms used can vary depending on the service at issue. 21. In addition, Article 2(8), which defines the term ‘ranking’, indicates that the technological means used by providers to present, organise or communicate the goods or services offered by users through the services at issue here are irrelevant. Therefore, the individual assessment should be conducted in a technologically neutral manner, in the sense that the particular technology used as part of the ranking process is not decisive.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07