Regulation 3 Exclusions

United Kingdom

(1)

Nothing in these Regulations shall apply in respect of—

(a)

the field of taxation;

(b)

questions relating to information society services covered by the F1UK GDPR and Directive 2002/58/EC of the European Parliament and of the Council of 12th July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) M1;

(c)

questions relating to agreements or practices governed by cartel law; and

(d)

the following activities of information society services—

(i)

the activities of a public notary or equivalent professions to the extent that they involve a direct and specific connection with the exercise of public authority,

(ii)

the representation of a client and defence of his interests before the courts, and

(iii)

betting, gaming or lotteries which involve wagering a stake with monetary value.

F2(2)

These Regulations shall not apply in relation to any Act passed on or after the date these Regulations are made or in relation to the exercise of a power to legislate after that date.

(3)

In this regulation—

“cartel law” means so much of the law relating to agreements between undertakings, decisions by associations of undertakings or concerted practices as relates to agreements to divide the market or fix prices;
F3...
F4...
...
F5“the UK GDPR” has the meaning given in section 3(10) of the Data Protection Act 2018;

Annotations

Textual amendments

F1: Words in reg. 3(1)(b) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 3 para. 43(2) (with Sch. 3 para. 112); 2020 c. 1, Sch. 5 para. 1(1)
F2: Reg. 3(2) substituted (14.5.2004) by The Electronic Commerce (EC Directive) (Extension) Regulations 2004 (S.I. 2004/1178), regs. 1, 3(2)
F3: Words in reg. 3(3) omitted (31.12.2020) by virtue of The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 3 para. 43(3)(a) (with Sch. 3 para. 112); 2020 c. 1, Sch. 5 para. 1(1)
F4: Words in reg. 3(3) omitted (25.5.2018) by virtue of Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 289(a) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
F5: Words in reg. 3(3) inserted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 3 para. 43(3)(b) (with Sch. 3 para. 112); 2020 c. 1, Sch. 5 para. 1(1)

Marginal citations

M1: O.J. L201, 31.7.2002, p.37.