Art. 11 Significant incidents with regard to providers of online marketplaces | Cybersecurity measures and significant incidents for relevant entities | NIS 2

With regard to providers of online marketplacesmeans an online marketplace as defined in Article 2, point (n), of Directive 2005/29/EC of the European Parliament and of the Council(31) Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (OJ L 149, 11.6.2005, p. 22).;, an incidentmeans 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:

an online marketplacemeans an online marketplace as defined in Article 2, point (n), of Directive 2005/29/EC of the European Parliament and of the Council(31) Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (OJ L 149, 11.6.2005, p. 22).; is completely unavailable for more than 5 % of an online marketplacemeans an online marketplace as defined in Article 2, point (n), of Directive 2005/29/EC of the European Parliament and of the Council(31) Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (OJ L 149, 11.6.2005, p. 22).;’s users in the Union, or for more than 1 million of an online marketplacemeans an online marketplace as defined in Article 2, point (n), of Directive 2005/29/EC of the European Parliament and of the Council(31) Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (OJ L 149, 11.6.2005, p. 22).;’s users in the Union, whichever number is smaller;
more than 5 % of an online marketplacemeans an online marketplace as defined in Article 2, point (n), of Directive 2005/29/EC of the European Parliament and of the Council(31) Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (OJ L 149, 11.6.2005, p. 22).;’s users in the Union, or more than 1 million of an online marketplacemeans an online marketplace as defined in Article 2, point (n), of Directive 2005/29/EC of the European Parliament and of the Council(31) Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (OJ L 149, 11.6.2005, p. 22).;’s users in the Union, whichever number is smaller, are impacted by limited availability of that online marketplacemeans an online marketplace as defined in Article 2, point (n), of Directive 2005/29/EC of the European Parliament and of the Council(31) Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (OJ L 149, 11.6.2005, p. 22).;;
the integrity, confidentiality or authenticity of stored, transmitted or processed data related to the provision of an online marketplacemeans an online marketplace as defined in Article 2, point (n), of Directive 2005/29/EC of the European Parliament and of the Council(31) Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (OJ L 149, 11.6.2005, p. 22).; is compromised as a result of a suspectedly malicious action;
the integrity, confidentiality or authenticity of stored, transmitted or processed data related to the provision of an online marketplacemeans an online marketplace as defined in Article 2, point (n), of Directive 2005/29/EC of the European Parliament and of the Council(31) Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (OJ L 149, 11.6.2005, p. 22).; is compromised with an impact on more than 5 % of that online marketplacemeans an online marketplace as defined in Article 2, point (n), of Directive 2005/29/EC of the European Parliament and of the Council(31) Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (OJ L 149, 11.6.2005, p. 22).;’s users in the Union, or on more than 1 million of that online marketplacemeans an online marketplace as defined in Article 2, point (n), of Directive 2005/29/EC of the European Parliament and of the Council(31) Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (OJ L 149, 11.6.2005, p. 22).;’s users in the Union, whichever number is smaller.