Article 12 – Significant incidents with regard to providers of online search engines

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

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