Article 11 – Significant incidents with regard to providers of online marketplaces

With regard to providers of online marketplaces, an incident shall be considered significant under Article 3(1)(g) where it fulfils one or more of the following criteria:

1. an online marketplace is completely unavailable for more than 5 % of an online marketplace’s users in the Union, or for more than 1 million of an online marketplace’s users in the Union, whichever number is smaller;
2. more than 5 % of an online marketplace’s users in the Union, or more than 1 million of an online marketplace’s users in the Union, whichever number is smaller, are impacted by limited availability of that online marketplace;
3. the integrity, confidentiality or authenticity of stored, transmitted or processed data related to the provision of an online marketplace is compromised as a result of a suspectedly malicious action;
4. the integrity, confidentiality or authenticity of stored, transmitted or processed data related to the provision of an online marketplace is compromised with an impact on more than 5 % of that online marketplace’s users in the Union, or on more than 1 million of that online marketplace’s users in the Union, whichever number is smaller.