Regulation 3 Actionable breach
(1)
A breach by a provider of online intermediation services of an obligation to comply with any of the following provisions of Regulation 2019/1150 in relation to a business user is to be treated as a breach of duty owed by the provider of online intermediation services to that business user—
(a)
Article 3 (terms and conditions);
(b)
Article 4 (restriction, suspension and termination);
(c)
Article 8 (specific contractual terms).
(2)
Where a business user suffers loss or damage due to a breach by a provider of online intermediation services of any of the provisions referred to in paragraph (1), that loss or damage is actionable by the business user against that provider of online intermediation services.