lexiara

§3.3.6 Other external factors

59. Users and the goods and services that they offer can also be assessed using other factors that are external to the given online intermediation services or online search engines. Factors such as hotel star ratings, ‘brand appeal’ measured through surveys of fashion professionals, third-party trust marks awarded to a business users’ own retail webshop (e.g. ‘trusted store’) or industry awards (e.g. ‘best cafe in x’) or features in third-party media (e.g. newspaper reports or magazine features) could be relevant for ranking as ‘main parameters’. If so, such factors have to be described, too. 60. Conversely, it cannot be excluded that it may in certain cases be ‘surprising’ to some business users or corporate website users that certain external factors that would appear to be of great significance in view of the nature of the service are not taken into account in determining ranking. For example, not considering a privacy-rating assigned to websites on a privacy-focused online search engine or not considering food labels on a health-oriented food marketplace could be considered surprising for users. The description of the reasons for the relative importance of the main parameters, or of the main parameters which are collectively most significant in determining ranking and the relative importance of those main parameters, should be sufficiently clear so that users can understand that those other factors are not taken into account in ranking. 61. Providers of online intermediation services and online search engines should also consider, as a best practice, whether the description should refer to the sectoral rules, which may have directly or indirectly an impact on the determination of ranking parameters. This includes rules of EU law and of national law reflecting various public interest objectives in various sectors.

· All articles ·

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