§2.1 Integrated services

26. The requirements of Article 5 apply to providers of online intermediation services and online search engines. If providers of online search engines are (vertically or horizontally) integrated, part of what they offer may be online intermediation services as well. Similarly, ‘conglomerate’ providers of online intermediation services may incorporate several online intermediation services in a single corporate structure. As explained above, in such cases, the obligations of Article 5 will then in principle apply separately for each online search engine as well as for each online intermediation service provided, as otherwise it will normally not be possible to provide meaningful explanations to the users concerned. In this respect, the following issues could arise. 27. Services offered through different devices. If providers offer services through different devices, they should assess whether separate explanations may be needed for each device. If the service operates in the same way on all devices and the same main parameters apply to a single ranking mechanism, under Article 5 no separate explanation seems, generally speaking, required. However, if the service operates independently and differently on different devices, in such a manner that different main parameters are used, then a separate explanation does seem required in principle. 28. Services operating cross-border and through seamless consumer interfaces. Situations may exist where a provider operates a storefront embedded in a marketplace service (a type of online intermediation services), and where online intermediation services or online search engines operate in different territories using different or even multiple domain names. If providers incorporate such a storefront embedded in their marketplace service, they should assess whether these are a part of this marketplace service or a distinct activity. This is relevant in determining whether and how the functioning of the storefront has to be included in a description pursuant to Article 5. Depending on the situation, one or several such descriptions may be required, and the presence of these storefronts may have to be described in different ways. The same applies to the use of different or multiple domain names 29. Syndication or sub-syndication of search results. Another situation that could arise is one where a provider of online search engine uses syndication or sub-syndication of search results, including ‘outsourcing’ the relevant activities to third-party online search engines (7). If search results are effectively sourced from third-party providers of online search engines, it should not relieve the providers of the online search engines concerned from complying with the obligation in Article 5, insofar as the relevant activity falls within the scope of that provision. 30. Integration of business users’ offers on third-party online intermediation services. Another situation that could arise in practice is one where a provider of online intermediation services integrates business users’ offers on third-party online intermediation services, for instance ‘metasearch engines’ that integrate links to business users’ offers on ‘online travel agents’.Where applicable, providers should assess whether and how the presence of these offers has to be included in a description pursuant to Article 5. Depending on the situation, one or several such descriptions may be required, and the presence of these offers may have to be described in different ways. 31. The use of ‘buy buttons’ in social media. So-called ‘buy buttons’ used by professionals can be integrated into online social media services. If this is the case, providers should assess whether these ‘buy buttons’ are a part of broader online intermediation services or a distinct activity which may constitute online intermediation services in and of itself. This is relevant in determining whether and how the functioning of the buy buttons has to be included in a description pursuant to Article 5. Depending on the situation, one or several such descriptions may be required, and the presence of these buy buttons may have to be described in different ways.

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