§9.1 Requirement for online intermediation services to notify proposed changes

128. The description of the main parameters determining ranking must be included in the terms and conditions of providers of online intermediation service (Article 5(1)). Pursuant to Article 3(2), when such providers intend to change their terms and conditions, they must notify their business users of the proposed changes at least 15 days before applying them. The only exception to the application of the notice period is where the provider of online intermediation services: (a) is subject to a legal or regulatory obligation which requires it to change its terms and conditions in a manner which does not allow it to respect the notice period; or (b) has exceptionally to change its terms and conditions to address an unforeseen and imminent danger related to defending the online intermediation services, consumers or business users from fraud, malware, spam, data breaches or other cybersecurity risks. In addition, the notice period does not apply to changes that are merely of an editorial nature (i.e. changes that do not alter the content or meaning of terms and conditions). The notion of ‘editorial changes’ necessarily excludes changes to ‘main parameters’, as they will alter the content or meaning of terms and conditions. 129. This means that if the description of the main parameters changes, in principle, at least 15 days’ notice must be given to business users before the changes can take effect. It is important to note that 15 days prior notification is the legal minimum requirement. Under Article 3(2), longer notice periods are required if necessary to allow business users to make technical or commercial adaptations to comply with the changes in question. 130. Furthermore, under Article 3(2), providers of online intermediation services have to inform business users on a durable medium of any such proposed changes. ‘Durable medium’ is defined in the Regulation as: ‘any instrument which enables business users to store information addressed personally to them in a way accessible for future reference and for a period of time adequate for the purposes of the information and allows the unchanged reproduction of the information stored’ (21). 131. In order to improve clarity, providers of online intermediation services may wish to ensure that the changes to the description of the main parameters are easily identifiable. Best practices in this regard could include keeping a dedicated page that gives access to previous versions of the descriptions or keeps a record of the changes made over time. Separately, a best practice that can help business users obtain an adequate understanding is to explain the practical implications of the changes.

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