(1) This regulation applies to any digital service provider which -

(a) has its head office outside the United Kingdom, but which offers digital services within the United Kingdom; and

(b) is not a small or micro enterprise as defined in Commission Recommendation 2003/361/EC [Commission Recommendation concerning the definition of micro, small and medium-sized enterprises (OJ No. L 124, 20.5.2003, p. 36).].

(2) The digital service provider must -

(a) nominate in writing a representative in the United Kingdom; and

(b) notify the Information Commissioner of the name and contact details of that representative.

(3) The digital service provider must comply with paragraph (2) -

(a) in the case of a provider which is offering digital services within the United Kingdom on the coming into force date of these regulations, within three months of the date on which these regulations come into force; or

(b) in any other case, within three months of the provider first offering digital services in the United Kingdom.