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eCommerce Directive
Article 2

Article 2 — Definitions

For the purpose of this Directive, the following terms shall bear the following meanings:

  1. "information society services": services within the meaning of Article 1(2) of Directive 98/34/EC as amended by Directive 98/48/EC;
  2. "service provider": any natural or legal person providing an information society service;
  3. "established service provider": a service provider who effectively pursues an economic activity using a fixed establishment for an indefinite period. The presence and use of the technical means and technologies required to provide the service do not, in themselves, constitute an establishment of the provider;
  4. "recipient of the service": any natural or legal person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible;
  5. "consumer": any natural person who is acting for purposes which are outside his or her trade, business or profession;
  6. "commercial communication": any form of communication designed to promote, directly or indirectly, the goods, services or image of a company, organisation or person pursuing a commercial, industrial or craft activity or exercising a regulated profession. The following do not in themselves constitute commercial communications:

    - information allowing direct access to the activity of the company, organisation or person, in particular a domain name or an electronic-mail address,

    - communications relating to the goods, services or image of the company, organisation or person compiled in an independent manner, particularly when this is without financial consideration;

  7. "regulated profession": any profession within the meaning of either Article 1(d) of Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three-years' duration(26) or of Article 1(f) of Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC(27);
  8. "coordinated field": requirements laid down in Member States' legal systems applicable to information society service providers or information society services, regardless of whether they are of a general nature or specifically designed for them.
    1. The coordinated field concerns requirements with which the service provider has to comply in respect of:

      - the taking up of the activity of an information society service, such as requirements concerning qualifications, authorisation or notification,

      - the pursuit of the activity of an information society service, such as requirements concerning the behaviour of the service provider, requirements regarding the quality or content of the service including those applicable to advertising and contracts, or requirements concerning the liability of the service provider;

    2. The coordinated field does not cover requirements such as:

      - requirements applicable to goods as such,

      - requirements applicable to the delivery of goods,

      - requirements applicable to services not provided by electronic means.