A concise introduction to the NIS Directive - A pocket guide for digital service providers

CHAPTER 1: SCOPE AND APPLICABILITY

Article 4(6) of the Directive specifies that DSPs are “any legal person that provides a digital service”. A “digital service”, in turn, is defined as “any service normally provided for remuneration, at a distance, by electronic means and at the individual request of a recipient of services”.¹⁴

Unlike OES, governments aren’t expected to identify DSPs – the Directive simply applies to all that provide any of the services that are categorised and listed in Annex III of the NIS Directive. As Recital 57 explains, “Member States should not identify digital service providers, as this Directive should apply to all digital service providers within its scope. […] This should enable digital service providers to be treated ...