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 where it fulfils one or more of the following criteria:

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

(b) more than 5 % of the online search engine service users in the Union, or more than 1 million of the online search engine service users in the Union, whichever number is smaller, are impacted by large delays in response time;

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