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Part 3 · Customer Protection › Section 53

Independent comparison tools

(1) The Federal Network Agency ensures that consumers have free access to at least one independent comparison tool enabling them to compare and assess different internet access services and publicly available number-based interpersonal telecommunications services in respect of
1. the prices and tariffs of services provided for recurring or consumption-based direct monetary payments, and
2. service quality, where a minimum service quality is offered or the undertaking is required to publish such information.
(2) The comparison tool under subsection (1) must
1. be operated independently of the providers of the services, thereby ensuring that providers are treated equally in the search results;
2. clearly disclose the owners and operators of the comparison tool;
3. contain clear and objective criteria on which the comparison is based;
4. use easily understandable and unambiguous language;
5. provide correct and up-to-date information and state the date of the last update;
6. be open to all providers of internet access services and publicly available interpersonal telecommunications services, cover a wide range of offers covering a substantial part of the market, and, where the information offered does not represent a complete overview of the market, issue a clear statement to that effect before the results are displayed;
7. provide for an effective procedure for reporting incorrect information;
8. make prices, tariffs, and service quality comparable between offers available to consumers. The Federal Network Agency may ensure that the comparison tool under subsection (1), point 1, also covers publicly available number-independent interpersonal telecommunications services.
(3) Comparison tools that satisfy the requirements of subsection (2) are certified by the Federal Network Agency on application by the provider of the comparison tool. The Federal Network Agency may commission a third party to carry out the certification. Where no such comparison tools are offered on the market, the Federal Network Agency puts the service out to tender.
(4) Third parties may use the information published by providers of internet access services or publicly available interpersonal telecommunications services to provide independent comparison tools. Providers must enable free use in open data formats.

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