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Definitions For the purpose of this Directive, the following definitions apply:

(1) ‘service provider’ means any natural or legal person that provides one or more of the following categories of services, with the exception of financial services referred to in Article 2(2), point (b), of Directive 2006/123/EC of the European Parliament and of the Council :

(a) electronic communications services as defined in Article 2, point (4), of Directive (EU) 2018/1972;

(b) internet domain name and IP numbering services, such as IP address assignment, domain name registry, domain name registrar and domain name-related privacy and proxy services;

(c) other information society services as referred to in Article 1(1), point (b), of Directive (EU) 2015/1535 that:

(i) enable their users to communicate with each other; or (ii) make it possible to store or otherwise process data on behalf of the users to whom the service is provided, provided that the storage of data is a defining component of the service provided to the user;

(2) ‘offering services on the territory of a Member State’ means:

(a) enabling natural or legal persons in a Member State to use the services listed in point (1); and (b) having a substantial connection, based on specific factual criteria, to the Member State referred to in point (a); such a substantial connection is to be considered to exist where the service provider has an establishment in that Member State, or, in the absence of such an establishment, where there is a significant number of users in that Member State, or where there is targeting of activities towards that Member State;

(3) ‘offering services in the Union’ means:

(a) enabling natural or legal persons in a Member State to use the services listed in point (1); and (b) having a substantial connection, based on specific factual criteria, to the Member State referred to in point (a); such a substantial connection is to be considered to exist where the service provider has an establishment in a Member State, or, in the absence of such an establishment, where there is a significant number of users in one or more Member States, or where there is targeting of activities towards one or more Member States;

(4) ‘establishment’ means an entity that actually pursues an economic activity for an indefinite period through a stable infrastructure from where the business of providing services is carried out or the business is managed;

(5) ‘designated establishment’ means an establishment with legal personality designated in writing by a service provider established in a Member State taking part in a legal instrument referred to in Article 1(2), for the purposes referred to in Article 1(1) and Article 3(1);

(6) ‘legal representative’ means a natural or legal person appointed in writing by a service provider not established in a Member State taking part in a legal instrument referred to in Article 1(2), for the purposes referred to in Article 1(1) and Article 3(1).