[360] 23
(b) it was not reasonably possible for the operator to notify the CSIRT
in accordance with paragraph (1) or (9), as the case may be.
PART 5
DIGITAL SERVICES
Definition
19. In this Part, “digital service” means a digital service set out in Schedule 2
which is normally provided for remuneration, at a distance, by electronic means
and at the individual request of a recipient of services where—
“at a distance” in relation to a digital service means that the service is provided
without the party providing the service and the party receiving the service being
simultaneously present,
“by electronic means” in relation to a digital service means that the service is
sent initially and received at its destination by means of electronic equipment for
the processing (including digital compression) and storage of data, and entirely
transmitted, conveyed and received by wire, by radio, by optical means or by
other electromagnetic means,
and
“at the individual request of a recipient of services” in relation to a digital
service means that the service is provided through the transmission of data on
individual request.
Relevant digital service provider
20. (1) A relevant digital service provider means a digital service provider
who, in respect of a digital service—
(a) provides the digital service in the Union,
(b) has its main establishment in the State or has designated a representative in the State, and
(c) is not a micro or small enterprise as defined in Commission Recommendation 2003/361/EC of 6 May 20036 concerning the definition of
micro, small and medium-sized enterprises.
(2) Where a relevant digital service provider is—
(a) an undertaking which is subject to the requirements of Regulations 23
and 24 of the European Communities (Electronic Communications
Network and Services) (Framework) Regulations 2011, or
(b) a trust service provider subject to the requirements of Article 19 of
Regulation (EU) No. 910/2014 of the European Parliament and of
the Council of 23 July 20145,
6
O.J. No. L 124, 20.5.2003, p.36
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