Concepts referenced on this page
DSA
Digital Services Act, the EU regulation on digital services. Full title: Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act).
Online Intermediary Services Act
Act CIV of 2023 on Certain Rules regarding Online Intermediary Services. The Act entered into force on 17 February 2024.
P2B Regulation
The Platform-to-Business (P2B) Regulation is the EU regulation on the relationship between platforms and businesses. Full title: Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services.
Intermediation service
One of the following information society services: mere conduit (information transmission), caching (information transmission with temporary storage) or hosting (information storage).
Business user
The P2B Regulation defines a business user as “any private individual acting in a commercial or professional capacity who, or any legal person which, through online intermediation services offers goods or services to consumers for purposes relating to its trade, business, craft or profession”.
Provider of online intermediation services (as per the P2B Regulation)
Any natural or legal person which provides, or which offers to provide, online intermediation services to business users.
Online intermediation service (as per the P2B Regulation)
By contract, it allows business users to offer goods or services to consumers, with a view to facilitating the initiating of direct transactions between those business users and consumers.
Online search engine (as per the P2B Regulation)
A digital service that allows users to input queries in order to perform searches of, in principle, all websites, or all websites in a particular language, on the basis of a query on any subject in the form of a keyword, voice request, phrase or other input, and returns results in any format in which information related to the requested content can be found.
Provider of online search engine
Any natural or legal person which provides, or which offers to provide, online search engines to consumers.
Complaint about violations of the DSA and the Online Intermediary Services Act
Anyone can submit a complaint to the President of the NMHH if they believe that a provider of online intermediary services has breached the rules of the EU Digital Services Act (DSA) and/or the Online Intermediary Services Act.[1]
This may be the case, for example, if a social media site has removed a user’s content and has failed to provide a reason, or has not provided one within the appropriate deadline.
In the case of such a complaint, the President shall initiate proceedings only if the complainant has exhausted the procedural options and remedies available under the internal complaint handling system of the provider of intermediary services.
Monitoring the application of fair and transparent conditions for business users
According to the Online Intermediary Services Act[2], the President of the NMHH performs the regulatory tasks related to the EU P2B Regulation.
The President will, on request, carry out an official inspection or conduct an official procedure in order to verify that the providers of online intermediary services and online search services comply with the P2B Regulation.