Article 11 Significant incidents with regard to providers of online marketplaces


With regard to providers of online marketplaces means an online marketplace as defined in Article 2, point (n), of Directive 2005/29/EC of the European Parliament and of the Council(^31^);, an incident means an event compromising the availability, authenticity, integrity or confidentiality of stored, transmitted or processed data or of the services offered by, or accessible via, network and information systems; shall be considered significant under Article 3(1)(g) where it fulfils one or more of the following criteria:

  1. an online marketplace means an online marketplace as defined in Article 2, point (n), of Directive 2005/29/EC of the European Parliament and of the Council(^31^); is completely unavailable for more than 5 % of an online marketplace means an online marketplace as defined in Article 2, point (n), of Directive 2005/29/EC of the European Parliament and of the Council(^31^);’s users in the Union, or for more than 1 million of an online marketplace means an online marketplace as defined in Article 2, point (n), of Directive 2005/29/EC of the European Parliament and of the Council(^31^);’s users in the Union, whichever number is smaller;

  2. more than 5 % of an online marketplace means an online marketplace as defined in Article 2, point (n), of Directive 2005/29/EC of the European Parliament and of the Council(^31^);’s users in the Union, or more than 1 million of an online marketplace means an online marketplace as defined in Article 2, point (n), of Directive 2005/29/EC of the European Parliament and of the Council(^31^);’s users in the Union, whichever number is smaller, are impacted by limited availability of that online marketplace means an online marketplace as defined in Article 2, point (n), of Directive 2005/29/EC of the European Parliament and of the Council(^31^);;

  3. the integrity, confidentiality or authenticity of stored, transmitted or processed data related to the provision of an online marketplace means an online marketplace as defined in Article 2, point (n), of Directive 2005/29/EC of the European Parliament and of the Council(^31^); 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 means an online marketplace as defined in Article 2, point (n), of Directive 2005/29/EC of the European Parliament and of the Council(^31^); is compromised with an impact on more than 5 % of that online marketplace means an online marketplace as defined in Article 2, point (n), of Directive 2005/29/EC of the European Parliament and of the Council(^31^);’s users in the Union, or on more than 1 million of that online marketplace means an online marketplace as defined in Article 2, point (n), of Directive 2005/29/EC of the European Parliament and of the Council(^31^);’s users in the Union, whichever number is smaller.

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