The following sections provide additional explanations concerning three types of digital
services included in the scope of the Directive.
1. Online market place provider.
The online market place enables a large number and variety of businesses to perform their
trade activities vis-à-vis the consumers and to engage in business-to-business relations. It
provides companies with the basic infrastructure to trade online and across borders. They play
a significant role in the economy notably by providing SMEs access to the wider EU digital
single market. The provision of remote computing services facilitating its client's economic
activity, including the processing of transactions and aggregation of information on buyers,
suppliers and products can also belong to the activities of an online market place provider, as
well as the facilitation of search for appropriate products, the provision of products,
transactional expertise and matching buyers and sellers.
The term online market place is defined in Article 4(17) and further clarified in recital 15. It is
described as a service that enables consumers and traders to conclude online sales or service
contracts with traders, and it represents the final destination for the conclusion of those
contracts. For example, a provider such as E-bay can be regarded as an online market place as
it allow others to set up shops on its platform in order to make their products and services
available online to consumers or businesses. Also, online application stores for distributions
of applications and software programmes are considered as falling under the definition of
online market place because they allow app developers to sell or distribute their services to
consumers or other businesses. In contrast, intermediaries to third-parties services such as
Skyscanner and price comparison services, which redirect the user to the website of the trader
where the actual contract for the service or the product is concluded, are not covered by the
definition of Article 4(17).
2. Online search engine provider.
The online search engine is defined in Article 4(18) and further clarified in recital 16. It is
described as a digital service that allows users to carry out searches of, in principle, all
websites or websites in a particular language on the basis of a query on any subject. Search
functionalities limited to in-site search and price comparison websites are not covered. For
example the type of a search engine such the one provided by EUR LEX34 cannot be regarded
as a search engine within the meaning of the Directive as its search function is limited to the
content of that concrete website.
3. Cloud computing service provider.
Article 4(19) defines cloud computing service as "a digital service that enables access to a
scalable and elastic pool of shareable computing resources" and recital 17 gives further
clarifications on the terms computing resources, scalable and elastic pool.
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