§3.3.11 Use of providers’ technical tools

66. As with ancillary services, some providers may offer technical tools to users, possibly in return for remuneration and therefore be covered by Article 5(3). The use or effect of such tools may equally have an impact on ranking and – if the relevance is such that this factor constitutes a ‘main parameter’ within the meaning of Article 5(1) and (2) – therefore require the same approach as described in the previous section. 67. For example, in certain circumstances the use of a data analytics tool available on an online intermediation services or online search engine may enable users to significantly improve their ranking. In this case, in as far this factor is a ‘main parameter’, it will be important for providers to explain whether the effect on ranking is merely due to the insights gained and subsequently applied by users, or whether it is the mere fact they use the analytics tool that is also taken into account. In the latter case, the use of the analytics tool could be a form of indirect remuneration, in which case the specific requirements of Article 5(3) apply as well. The significance of such an analytics tool may, for example, derive from the fact that the insights offered would be unique and enable users to improve their goods or services beyond what these users could do based on own research or other market solutions, or because the tool could help optimise their online presence, on or off-platform.

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