(1) A relevant digital service provider means a digital service provider who, in respect of a digital service -

(a) provides the digital service in the Union,

(b) has its main establishment in the State or has designated a representative in the State, and

(c) is not a micro or small enterprise as defined in Commission Recommendation 2003/361/EC of 6 May 2003 [O.J. No. L 124, 20.5.2003, p.36] concerning the definition of micro, small and medium-sized enterprises.

(2) Where a relevant digital service provider is -

(a) an undertaking which is subject to the requirements of Regulations 23 and 24 of the European Communities (Electronic Communications Network and Services) (Framework) Regulations 2011, or

(b) a trust service provider subject to the requirements of Article 19 of Regulation (EU) No. 910/2014 of the European Parliament and of the Council of 23 July 20145,

these Regulations apply to the relevant digital service provider in respect only of any digital service provided by it.