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    Digital Markets Act

    Type of arrangement
    Date of last change
    Id. no.
    Legislative body

    APPENDIX

    A. "General"

    1.

    		 The purpose of this Annex is to provide a precise description of the methodology for identifying and calculating the number of "active end users" and "active business users" for each core platform service defined in Article 2(2). It provides a frame of reference on the basis of which a company can assess whether its core platform services meet the quantitative thresholds of Article 3(2)(b), and therefore can be presumed to meet the requirement of Article 3(1)(b). Therefore, this Annex is equally relevant to any broader assessment under Article 3(8). It is up to the company to arrive at the best possible approach in accordance with the common principles and specific methodology in this Annex. Nothing in this Annex shall prevent the Commission, within the time limits specified in the relevant provisions of this Regulation, from requiring the undertaking providing core platform services to provide all information necessary to identify and calculate the number of "active end-users" and "active business users." Nothing in this Annex shall provide a legal basis for tracking users. The methodology described in this Annex is also without prejudice to any obligations under this Regulation, in particular those under Articles 3(3) and (8) and 13(3). In particular, to comply with Article 13(3), active end-users and active business users must also be identified and their numbers calculated on the basis of either accurate measurement or the best available approximation, consistent with the actual identification and calculation capabilities available to the undertaking providing core platform services at the relevant time. Such measurement or best available approximation shall be in accordance with Article 15 and include the measurements or approximation reported under that Article.

    2.

    		 Article 2(20) and (21) provides the definitions of "end user" and of "business user," which apply to all core platform services.

    3.

    		 In order to identify and calculate the number of "active end users" and "active business users," this Annex refers to the concept of "unique users." The concept of "unique users" includes "active end-users" and "active business users" who, for the core platform service in question, have been counted only once during a given period of time (i.e., one month for "active end-users" and one year for "active business users"), regardless of how many times they have used the core platform service in question during that period of time. This does not prevent the same natural or legal person from being an active end user or an active business user for different core platform services at the same time.

    B. "Active end users"

    1.

    		 The number of "unique users" in terms of "active end users" is determined using the most accurate measure reported by the company providing a core platform service. In particular, the following applies:

    a.

    it is assumed that data collection on the use of core platform services through environments that require sign-on or log-in presents the lowest prima facie risk of double counting, for example with respect to user behavior on different devices or platforms. Therefore, if available, the company shall submit aggregated anonymized data on the number of unique end-users per respective core platform service, based on environments that require login or sign-in;

    b.

    in the case of core platform services that are also accessible to end-users through environments that do not require registration or login, the company shall additionally submit aggregated anonymized data on the number of unique end-users of the respective core platform service, based on an alternative measure that also counts end-users outside environments that require registration or login. This may include Internet Protocol (IP) addresses, identification cookies or other identifiers such as radio frequency identification tags, provided that such addresses or identifiers are objectively necessary for the provision of the core platform service.

    2.

    		 The number of "monthly active end users" is based on the average number of monthly active end users during most of the fiscal year. The term "most of the fiscal year" is intended to allow a company offering core platform services to exclude outliers in a given year. By definition, outliers are figures that fall significantly outside the normal and foreseeable figures. An unforeseen spike or drop in user engagement during one month of the fiscal year is an example of what such outliers might be. Figures related to annual occurrences, such as annual sales promotions, are not outliers.

    C. "Active business users"

    The number of "unique users" in terms of "active business users" should be determined, if applicable, on the basis of accounts, with each individual business account associated with the use of a core platform service of the company representing one unique business user of that respective core platform service. If the term "business account" does not apply to a particular core platform service, the relevant enterprise offering core platform services shall determine the number of unique business users by referring to it.

    D. "Submission of information"

    1.

    		 A company that submits information to the Commission under Article 3.3 on the number of active end users and active business users by core platform service is responsible for ensuring that such information is complete and accurate. In that regard:

    a.

    the company is responsible for providing data for a respective core platform service on the basis of which no over- or under-counting of the number of active end users and active business users is possible (for example, when users access the core platform services via different platforms or devices);

    b.

    is responsible for providing accurate and concise explanations of the methodology used to arrive at the information, any risk of over or under counting the number of active end users and active business users for a respective core platform service, and the solutions adopted to avert that risk;

    c.

    provides data based on an alternative measure when the Commission has questions about the accuracy of the data provided by the company offering core platform services.

    2.

    		 To calculate the number of "active end users" and "active business users":

    a.

    the company offering one or more core platform services does not designate core platform services that belong to the same category of core platform services under Article 2(2) as different, primarily because they are offered with different domain names - either country code top-level domains (ccTLDs) or generic top-level domains (gTLDs) - or geographic characteristics;

    b.

    the company offering one or more core platform services shall consider the core platform services used by their end users or their business users, or by both, for different purposes as separate core platform services, even if their end users or business users are the same and even if they belong to the same category of core platform services under Article 2(2);

    c.

    identifies as different core platform services the company offering core platform services that the company in question offers in an integrated manner, but which:

    i)

    under Article 2(2) do not belong to the same category of core platform services or,

    (ii)

    by their end users or their business users, or by both for different purposes, even if their end users or business users are the same and even if they belong to the same category of core platform services under Article 2(2).

    E. "Specific definitions"

    The table below contains specific definitions of "active end users" and "active business users" for each core platform service.

    Core platform services

    Active end users

    Active business users

    Online intermediary services

    Number of unique end users who used the online brokering service at least once during the month, for example, by actively logging in, performing a search, clicking or scrolling, or closing a transaction through the online brokering service at least once during the month.

    Number of unique business users who entered at least one item into the online brokering service during the year or entered into a transaction enabled by the online brokering service during the year.

    Online search engines

    Number of unique end users who used the online search engine at least once during the month, such as by performing a search.

    Number of unique business users with business websites (i.e., websites used in a commercial or professional capacity) indexed by or included in the online search engine index during the year.

    Online social networking services

    Number of unique end users who used the online social networking service at least once during the month, for example, by actively logging in, accessing a page, scrolling, clicking, liking, performing a search, posting messages or making comments.

    Number of unique business users who have a business listing or business account in the online social networking service and have used the service at least once during the year, for example, by actively logging in, accessing a page, scrolling, clicking, liking, performing a search, posting messages, commenting or using its tools for business.

    Video platform services

    Number of unique end users who have used the video platform service at least once during the month, for example by playing a segment of audiovisual content, performing a search, or uploading a piece of audiovisual content, including user-generated videos, among others.

    Number of unique business users who provided at least one piece of audiovisual content uploaded or played on the video platform service during the year.

    Number-independent interpersonal communication services

    Number of unique end users who initiated or participated in a communication via the number-independent interpersonal communication service at least once during the month.

    Number of unique business users who used a business account through the number-independent interpersonal communications service at least once during the year or otherwise initiated or participated in a communication in any way to communicate directly with an end user.

    Operating Systems

    Number of unique end users who used a device with the operating system activated, updated or used at least once during the month.

    Number of unique developers who published, updated or offered at least one software application or software program during the year using the programming language or software development tools of, or in any way running on, the operating system.

    Virtual assistant

    Number of unique end users who interacted with the virtual assistant in some way at least once a month, for example, by activating it, asking a question, accessing a service via a button or operating a "smart home" device.

    Number of unique developers who offered at least one virtual assistant software application or a functionality to make an existing software application accessible via the virtual assistant during the year.

    Web browsers

    Number of unique end users who interacted with the web browser at least once a month, for example, by entering a search query or website address in the URL bar of the web browser.

    Number of unique business users whose business websites (i.e., websites used in a commercial or professional capacity) were accessed via the web browser at least once during the year or who provided a plug-in, extension or add-ons to the web browser during the year.

    Cloud computing services

    Number of unique end-users who have used cloud computing services of the relevant cloud computing service provider at least once during the month, in exchange for compensation, regardless of whether such compensation occurs in the same month.

    Number of unique business users who provided cloud computing services during the year in the cloud infrastructure of the cloud computing service provider concerned.

    Online advertising services

    For own sales of advertising space;

    Number of unique end users to whom an ad display was shown at least once during the month.

    For ad brokering services (including ad networks, ad exchange services and other ad brokering services)

    Number of unique end users to whom an ad display was shown at least once during the month, enabling the ad brokering service.

    For own sales of advertising space:

    Number of unique advertisers who displayed at least one ad view during the year.

    For ad brokering (including ad networks, ad exchange services and other ad brokering services):

    Number of unique business users (including advertisers, publishers and other intermediaries) who interacted with or were served by the ad intermediary service during the year.

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