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INFORMATION SOCIETY SERVICE PROVIDER, E‑Commerce Directive (ECD)…

- - - - Legal basis: Directive (EU) 2019/790 (DSM Directive) Art. 2(6); liability regime in Art. 17.
      - Definition: a provider of an information society service of which the main or one of the main purposes is to store and give the public access to a large amount of copyright‑protected works or other protected subject‑matter uploaded by its users, which it organises and promotes for profit‑making purposes.
- - - - Mere conduit / caching / hosting service provider under the DSA
        
        Legal basis: DSA Arts. 3(g), 4–6.
        
        Definitions: the DSA repeats, in substance, the ECD technical definitions for mere conduit, caching and hosting, but as sub‑types of intermediary service.
      - Hosting service provider (DSA)
        
        Legal basis: DSA Art. 3(i) in conjunction with Art. 6 and Recitals.
        
        Definition (keywords from Recitals/Art. 3): information society service consisting of the storage of information provided by, and at the request of, a recipient of the service; includes cloud computing, web hosting, paid referencing, and services enabling sharing of information and content online.
      - Intermediary service provider
        
        Legal basis: DSA Art. 3(g).
        
        Definition: intermediary service means one of the following information society services:
        
        mere conduit;
        
        caching;
        
        hosting.
    - - Online platform
        
        Legal basis: DSA Art. 3(i).
        
        Definition: a hosting service that, at the request of a recipient of the service, stores and disseminates information to the public, unless this is only a minor and purely ancillary feature of another service, objectively necessary and not used to circumvent the DSA.
      - Online search engine
        
        Legal basis: DSA Art. 3(j).
        
        Definition: an intermediary service that allows users to input queries to search, in principle, all websites (or all in a particular language) on any subject and returns results in any format.
    - - Very large online search engine (VLOSE)
        
        Legal basis: DSA Art. 33(1), (4).
        
        Definition: an online search engine with at least 45 million average monthly active recipients in the EU, designated by the Commission.
      - Very large online platform (VLOP)
        
        Legal basis: DSA Art. 33(1), (4).
        
        Definition: an online platform with an average of at least 45 million monthly active recipients of the service in the EU, formally designated as a very large online platform by Commission decision and listed in the Official Journal.
- - - - online intermediation services;
      - online search engines;
      - online social networking services;
      - video‑sharing platform services;
      - number‑independent interpersonal communications services;
      - operating systems;
      - web browsers;
      - virtual assistants;
      - cloud computing services;
      - online advertising services.
  - - - it has a significant impact on the internal market (turnover ≥ EUR 7.5 billion in the EU in the last three financial years or average market capitalisation ≥ EUR 75 billion, and provides the same CPS in at least three Member States);
      - it operates a CPS which serves as an important gateway for business users to reach end users;
      - it enjoys (or will foreseeably enjoy) an entrenched and durable position.