Network and Information Systems (NIS) Regulations - 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”.¹²

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 (section 1(2) of the NIS Regulations). However, the Information Commissioner’s Office (ICO) – responsible for regulating UK DSPs – requires DSPs to identify themselves as such, and self-register by 1 November 2018.¹³ That said, ...