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Version status: Entered into force | Document consolidation status: Updated to reflect all known changes
Version date: 16 January 2023 - onwards
Version 2 of 2

Article 26 Jurisdiction and territoriality

1. Entities falling within the scope of this Directive shall be considered to fall under the jurisdiction of the Member State in which they are established, except in the case of:

(a) providers of public electronic communications networks or providers of publicly available electronic communications services, which shall be considered to fall under the jurisdiction of the Member State in which they provide their services;

(b) DNS service providers, TLD name registries, entities providing domain name registration services, cloud computing service providers, data centre service providers, content delivery network providers, managed service providers, managed security service providers, as well as providers of online marketplaces, of online search engines or of social networking services platforms, which shall be considered to fall under the jurisdiction of the Member State in which they have their main establishment in the Union under paragraph 2;

(c) public administration entities, which shall be considered to fall under the jurisdiction of the Member State which established them.