Regulation 3 Information society services: preconditions in relation to taking proceedings for the touting offence against providers established in another EEA state
Where an information society service provider is established in an EEA state (other than the United Kingdom), proceedings for the touting offence cannot be taken against that provider in respect of anything done by the provider in providing that service (including in the United Kingdom), unless the derogation and cooperation conditions are satisfied.
The derogation condition is that the proceedings—
are necessary to pursue any of the public interest objectives;
are taken against an information society service which prejudices that objective or presents a serious and grave risk of prejudice to it; and
are proportionate to that objective.
The public interest objectives are—
public policy, in particular the prevention, investigation, detection and prosecution of the touting offence; and
the protection of consumers, including investors.
The cooperation condition is that a law enforcement officer—
has requested the EEA state in which the information society service provider is established to take measures which the officer considers to be of equivalent effect under the law of the EEA state and the EEA state has failed to take the measures; and
has notified the Commission of the European Union and the EEA state of the intention to take proceedings.