NIS2 Implementing Regulation

With regard to providers of online marketplaces, an incident shall be considered significant under Article 3(1)(g) where it fulfils one or more of the following criteria:

(a) an online marketplace is completely unavailable for more than 5 % of an online marketplace’s users in the Union, or for more than 1 million of an online marketplace’s users in the Union, whichever number is smaller;

(b) more than 5 % of an online marketplace’s users in the Union, or more than 1 million of an online marketplace’s users in the Union, whichever number is smaller, are impacted by limited availability of that online marketplace;

(c) the integrity, confidentiality or authenticity of stored, transmitted or processed data related to the provision of an online marketplace is compromised as a result of a suspectedly malicious action;

(d) the integrity, confidentiality or authenticity of stored, transmitted or processed data related to the provision of an online marketplace is compromised with an impact on more than 5 % of that online marketplace’s users in the Union, or on more than 1 million of that online marketplace’s users in the Union, whichever number is smaller.