OpenLegislation

Paragraph 6

(1)

A service provider is “established” in the United Kingdom, or in a particular EEA state, if the service provider—

(a)

effectively pursues an economic activity using a fixed establishment in the United Kingdom, or that EEA state, for an indefinite period, and

(b)

is a national of an EEA state or a company or firm mentioned in Article 54 of the Treaty on the Functioning of the European Union.

(2)

The presence or use in a particular place of equipment or other technical means of providing an information society service does not, of itself, constitute the establishment of a service provider.

(3)

Where it cannot be determined from which of a number of establishments a given information society service is provided, that service is to be regarded as provided from the establishment at the centre of the service provider's activities relating to that service.