Explanatory note

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 (OJ No. L 241, 17.9.2015, p.1) or “the Online Intermediation Services Regulation” applies in the law of the United Kingdom by virtue of Part 4 of the United Kingdom’s Withdrawal Agreement with the European Union, as implemented by the European Union (Withdrawal Agreement) Act 2020. However, in order to comply with Article 15 of the Online Intermediation Services Regulation, the United Kingdom is required to ensure adequate and effective enforcement and to lay down the rules setting out the measures applicable to infringements of the provisions of that Regulation. These Regulations set out those measures.

Regulation 3 provides that a failure of a provider of online intermediation services to comply with certain articles of the Online Intermediation Services Regulation is a breach of an obligation owed to a business user so that, where loss or damage is caused to the business user, the business user may bring a civil action against the provider of online intermediation services in respect of that loss or damage.

Regulation 4 provides that a qualifying organisation or association with the right referred to in Article 14(1) of the Online Intermediation Services Regulation may bring proceedings for an appropriate remedy to secure compliance by providers of online intermediation services or providers of online search engines with relevant requirements of the Regulation.

Regulation 5 sets out the powers of the court in relation to an application for an appropriate remedy under regulation 4.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, public or voluntary sector is foreseen.