Recital 38 Limited availability

Limited availability should be considered to occur in particular when a service provided by a relevant entity means a natural or legal person created and recognised as such under the national law of its place of establishment, which may, acting under its own name, exercise rights and be subject to obligations; is considerably slower than average response time, or where not all functionalities of a service are available. Where possible, objective criteria based on the average response times of services provided by the relevant entities means a natural or legal person created and recognised as such under the national law of its place of establishment, which may, acting under its own name, exercise rights and be subject to obligations; should be used to assess delays in response time. A functionality of a service may be, for instance, a chat functionality or an image search functionality.