Textual Amendments
F1Sch. 8A inserted (16.2.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 76(4), 100(5), Sch. 8 (with s. 101(2)); S.I. 2009/58, art. 2(d)
7(1)In this Schedule—U.K.
[F2" the E-Commerce Directive " means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce in the Internal Market ;]
“ information society services ”—
has the meaning given in Article 2(a) of the E-Commerce Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations), and
is summarised in recital 17 of the E-Commerce Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”;
“ recipient ”, in relation to a service, means any person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible;
“ service provider ” means a person providing an information society service.
(2)For the purposes of this Schedule whether a service provider is established in [F3an EEA state] shall be determined in accordance with the following provisions—
(a)a service provider is established in [F4a particular EEA state] if the service provider—
(i)effectively pursues an economic activity using a fixed establishment in [F5that EEA state] for an indefinite period, and
(ii)is a national of an EEA state or a company or firm mentioned in [F6Article 54 of the Treaty on the Functioning of the European Union] ;
(b)the presence or use in a particular place of equipment or other technical means of providing an information society service does not, of itself, constitute the establishment of a service provider;
(c)where it cannot be determined from which of a number of establishments a given information society service is provided, that service is to be regarded as provided from the establishment at the centre of the service provider's activities relating to that service.]
Textual Amendments
F2Words in Sch. 8A para. 7(1) inserted (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 5(8)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Sch. 8A para. 7(2) substituted (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 5(8)(d)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Sch. 8A para. 7(2)(a) substituted (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 5(8)(d)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Sch. 8A para. 7(2)(a)(i) substituted (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 5(8)(d)(ii)(cc); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in Sch. 8A para. 7(2)(a)(ii) substituted (1.8.2012) by The Treaty of Lisbon (Changes in Terminology or Numbering) Order 2012 (S.I. 2012/1809), art. 2(1), Sch. Pt. 1 (with art. 2(2))