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 where it fulfils one or more of the following criteria:

(a) the online marketplace or part of its functionality is completely unavailable for more than 5 % of the online marketplace users in the Union, or for more than 1 million of the online marketplace users in the Union, whichever number is smaller;

(b) more than 5 % of the online marketplace users in the Union, or more than 1 million of the online marketplace users in the Union, whichever number is smaller, are impacted by large delays in orders;

(c) the integrity, confidentiality or authenticity of stored, transmitted or processed data related to the provision of the online marketplace is compromised as a result of a suspectedly malicious action,

(d) the integrity, confidentiality or authenticity of stored, transmitted or processed data related to the provision of the online marketplace is compromised with an impact on more than 5 % of the online marketplace users in the Union.