Digital Service Providers (EU Exit) Consultation
DCMS publish call for views on the UK’s approach to regulating non-UK based DSPs.
Following the UK’s departure from the EU, the UK proposes to introduce a requirement in the NIS Regulations for specified non-UK based Digital Service Providers (DSPs) operating in the UK to designate a representative in this country that will be subject to the regulatory authority of the ICO.
The NIS Regulations define DSPs as organisations that provide online marketplace services, online search engine services, and/or cloud computing services. DSPs are in scope of the NIS Regulations if they have 50 or more staff, or a turnover of more than €10m per year.
Under the NIS Directive, a DSP that is not established in the EU but offers digital services within the EU, must designate a representative in a Member State in which it operates, to be regulated by the relevant Competent Authority in that country.
When the UK leaves the EU it will become a third country under the NIS Directive. Therefore, UK established DSPs wishing to operate in the EU will be required to designate a representative in a Member State. They must comply with the regulations in that Member State and will be regulated by its relevant Competent Authority.
There is currently no requirement set out in the UK’s NIS Regulations for DSPs not headquartered in the UK to designate a representative here. This means that the ICO (as the relevant Competent Authority) would be unable to exercise the enforcement powers provided for in the NIS Regulations with regard to non-UK based DSPs operating here.
The Government is therefore proposing to introduce a requirement in the NIS Regulations, following the UK’s departure from the EU, for non-UK established DSPs operating in the UK, whose size and activities would render them in scope of the NIS Regulations, to designate a representative in this country.
The representative would be required to comply with the NIS Regulations in the UK, and would be regulated by the ICO.
In line with existing requirements for UK based DSPs coming into scope of the NIS Regulations, in scope non-UK based DSPs would be allowed three months in which to provide contact details of the designated representative and register with the ICO.
Call for views
The Government is seeking views on the proposed introduction of this requirement when the UK exits the EU.
DCMS would welcome views and any supporting evidence on the costs and benefits of this proposal, as well as any views on the proposed three month timeframe to designate a representative and register with the ICO.
The consultation document can be read here.
Ways to respond
Email to: firstname.lastname@example.org
NIS Directive Team
Department for Digital, Culture, Media & Sport
100 Parliament Street
Please respond by 11.45pm on Tuesday 11 June.
Latest News from
Barrier to gigabit-capable broadband removed with new TILP Bill05/03/2021 14:15:00
The Telecommunications Infrastructure (Leasehold Property) Bill is set to become law, following its consideration in the House of Lords.
Red Diesel and Data Centres04/03/2021 14:25:00
Operators will recall that we responded to the consultation on proposed changes to the taxation of red diesel in 2020.
Tackling the Digital Skills shortfall04/03/2021 09:25:00
Sheila Flavell CBE, Chief Operating Officer, FDM Group provides context for the digital skills gap across the UK as part of techUK's #GeospatialFuture campaign
Commercialising Quantum in the UK – Do we have what we need to develop a world leading Quantum industry?03/03/2021 12:33:00
In 2021 techUK will be kick-starting a brand new Commericlaising Quantum campaign, as part of the Tech and Innovation programme.
Chancellor announces £520 million ‘Help to Grow’ scheme with a focus on digital adoption for UK SMEs03/03/2021 11:25:00
The Treasury announced a new 'Help to Grow' initiative, providing £520 million to help SMEs recover from the COVID-19 pandemic by adopting digital technologies and providing management training to boost productivity and innovation.
Geospatial: Moving from Maps to Machine Learning02/03/2021 16:25:00
Geospatial is no longer just about maps. With the focus on data and insight, Spatial Data Science will play a growing part in any sector where location is a factor. Nabil Lodey, CEO Envitia writes as part of techUK's #GeospatialFuture campaign
Age-Appropriate Design Code comes into force in six months02/03/2021 15:20:00
Today marks the halfway point of the ICO’s Age-Appropriate Design Code transition period, which will come to a close on 2 September 2021.
It’s time to talk about location02/03/2021 11:25:00
Baz Lokat, Senior Consultant from GeoPlace explores how standardisation can be the evolution of innovation for Geospatial Data, as part of techUK's #GeospatialFuture campaign.
Putting the D’s back into UK R&D - Why we mustn’t forget the other D01/03/2021 16:25:00
The ambition of the UK Government R&D Roadmap, released in July last year, is to make the UK a global leader in science and technology.