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Digital Services Act

Starting: 06 Jan Ending

0 days left (ends 05 Feb)

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Status: Closed
Privacy: Public
Dr. Patrick Breyer. Digitaler Freiheitskämpfer und Europaabgeordneter der Piratenpartei. MEP for Piratenpartei and the European Pirate Party. Homepage: https://www.patrick-breyer.de

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<< Previous paragraphs

P21

For the purpose of this Regulation, the following definitions shall apply:

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P22

(a) information society services’ means services within the meaning of Article 1(1)(b)

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P23

of Directive (EU) 2015/1535;

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P24

(b) recipient of the service’ means any natural or legal person who uses the relevant

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P25

intermediary service;

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P26

(c) consumer’ means any natural person who is acting for purposes which are outside

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P27

his or her trade, business or profession;

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P28

(d)‘to offer services in the Union’ means enabling legal or natural persons in one or more Member States to use the services of the provider of information society services which has a substantial connection to the Union; such a substantial connection is deemed to exist where the provider has an establishment in the Union; in the absence of such an establishment, the assessment of a substantial connection is based on specific factual criteria, such as:

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P29

a significant number of users in one or more Member States; or

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P30

the targeting of activities towards one or more Member States.

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P31

(e) trader’ means any natural person, or any legal person irrespective of whether privately or publicly owned, who is acting, including through any person acting in his or her name or on his or her behalf, for purposes relating to his or her trade, business, craft or profession;

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P32

(f) intermediary service’ means one of the following services:

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P33

a ‘mere conduit’ service that consists of the transmission in a communication network of information provided by a recipient of the service, or the provision of access to a communication network;

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P34

a caching’ service that consists of the transmission in a communication network of information provided by a recipient of the service, involving the automatic, intermediate and temporary storage of that information, for the sole purpose of making more efficient the information's onward transmission to other recipients upon their request;

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P35

a ‘hosting’ service that consists of the storage of information provided by, and

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P36

at the request of, a recipient of the service;

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P37

(g)‘illegal content’ means any information,, which, in itself or by its reference to an activity, including the sale of products or provision of services is not in compliance with Union law or the law of a Member State, irrespective of the precise subject matter or nature of that law;

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P38

(h)‘online platform’ means a provider of a hosting service which, at the request of a recipient of the service, stores and disseminates to the public information, unless that activity is a minor and purely ancillary feature of another service and, for objective and technical reasons cannot be used without that other service, and the integration of the feature into the other service is not a means to circumvent the applicability of this Regulation.

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P39

(i)‘dissemination to the public’ means making information available, at the request of the recipient of the service who provided the information, to a potentially unlimited number of third parties;

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P40

(j) distance contract’ means a contract within the meaning of Article 2(7) of Directive

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