Part 1

Digital Markets
Chapter 2

Strategic Market Status

Power to designate undertaking as having SMS

Digital activities
3
1
For the purposes of this Part, the following are “digital activities”—
a
the provision of a service by means of the internet, whether for consideration or otherwise;
b
the provision of one or more pieces of digital content, whether for consideration or otherwise;
c
any other activity carried out for the purposes of an activity within paragraph (a) or (b).
2
For the purposes of this section, a service is provided by means of the internet even where it is provided by means of a combination of—
a
the internet, and
b
an electronic communications service (within the meaning given by section 32(2) of the Communications Act 2003).
3
The CMA may treat two or more activities within subsection (1) that are carried out by a single undertaking as a single digital activity where—
a
the activities have substantially the same or similar purposes, or
b
the activities can be carried out in combination with each other to fulfil a specific purpose.
4
In any notice or other document that the CMA is required to give or publish under or by virtue of this Part, the CMA may describe a digital activity by reference to the nature of the activity, brand names or both.
S. 3 not in force at Royal Assent, see s. 339(1)
S. 3 in force at 1.1.2025 by S.I. 2024/1226, regs. 1(2), 2(1)(2)