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eCommerce Directive
Article 3

Article 3 — Internal market

  1. Each Member State shall ensure that the information society services provided by a service provider established on its territory comply with the national provisions applicable in the Member State in question which fall within the coordinated field.
  2. Member States may not, for reasons falling within the coordinated field, restrict the freedom to provide information society services from another Member State.
  3. Paragraphs 1 and 2 shall not apply to the fields referred to in the Annex.
  4. Member States may take measures to derogate from paragraph 2 in respect of a given information society service if the following conditions are fulfilled:
    1. the measures shall be:
      1. necessary for one of the following reasons:

        - public policy, in particular the prevention, investigation, detection and prosecution of criminal offences, including the protection of minors and the fight against any incitement to hatred on grounds of race, sex, religion or nationality, and violations of human dignity concerning individual persons,

        - the protection of public health,

        - public security, including the safeguarding of national security and defence,

        - the protection of consumers, including investors;

      2. taken against a given information society service which prejudices the objectives referred to in point (i) or which presents a serious and grave risk of prejudice to those objectives;
      3. proportionate to those objectives;
    2. before taking the measures in question and without prejudice to court proceedings, including preliminary proceedings and acts carried out in the framework of a criminal investigation, the Member State has:

      - asked the Member State referred to in paragraph 1 to take measures and the latter did not take such measures, or they were inadequate,

      - notified the Commission and the Member State referred to in paragraph 1 of its intention to take such measures.

  5. Member States may, in the case of urgency, derogate from the conditions stipulated in paragraph 4(b). Where this is the case, the measures shall be notified in the shortest possible time to the Commission and to the Member State referred to in paragraph 1, indicating the reasons for which the Member State considers that there is urgency.
  6. Without prejudice to the Member State's possibility of proceeding with the measures in question, the Commission shall examine the compatibility of the notified measures with Community law in the shortest possible time; where it comes to the conclusion that the measure is incompatible with Community law, the Commission shall ask the Member State in question to refrain from taking any proposed measures or urgently to put an end to the measures in question.