The Network and Information Systems Regulations 2018

[F1Representatives of digital service providers established outside the United KingdomU.K.

This section has no associated Explanatory Memorandum

14A.(1) This regulation applies to any digital service provider which—

(a)has its head office outside the United Kingdom, but which offers digital services within the United Kingdom; and

(b)is not a small or micro enterprise as defined in Commission Recommendation 2003/361/EC.

(2) The digital service provider must—

(a)nominate in writing a representative in the United Kingdom; and

(b)notify the Information Commissioner of the name and contact details of that representative.

(3) The digital service provider must comply with paragraph (2)—

(a)in the case of a provider which is offering digital services within the United Kingdom on the coming into force date of these regulations, within three months of the date on which these regulations come into force; or

(b)in any other case, within three months of the provider first offering digital services in the United Kingdom.

(4) The Information Commissioner or GCHQ may contact the representative instead of or in addition to the digital service provider for the purposes of ensuring compliance with these Regulations.

(5) A nomination under paragraph (1) is without prejudice to any legal action which could be initiated against the nominating digital service provider.]