3.—(1) Proceedings for a relevant offence shall not be instituted against a non-UK service provider unless the derogation condition is satisfied.
(2) The derogation condition is satisfied where the institution of proceedings—
(a)is necessary for the purposes of the public interest objective;
(b)relates to an information society service that prejudices that objective or presents a serious and grave risk of prejudice to it; and
(c)is proportionate to that objective.
(3) The public interest objective means the pursuit of public policy, in particular the prevention, investigation, detection and prosecution of a relevant offence.
(4) In this regulation “non-UK service provider” means a service provider who is established in an EEA state other than the United Kingdom.