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Information society services

Paul-Emmanuel Bidault
Paul-Emmanuel Bidault
27 December 2023·2 minutes read time

An information society service is defined as a service provided for payment, at a distance, by electronic means and on individual request.

For a service to be recognised as an information society service, 4 cumulative conditions are necessary.

  • The service must be performed remotely,
  • without the parties being simultaneously present,
  • provided by electronic means,
  • triggered by an individual request from the recipient and remunerated.

The definition excludes free services, but includes services provided free of charge to the end user and financed by advertising. It also covers the sale of goods offered online where the contract is concluded electronically.

An indicative list of services not covered by this definition is set out in Annex I of the Directive 2015/1535.

GDPR Art. 4(25), Art. 1(1b) of Directive (EU) 2015/1535

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