Recital 113 Jurisdiction

Entities means a natural or legal person created and recognised as such under the national law of its place of establishment, which may, acting under its own name, exercise rights and be subject to obligations; falling within the scope of this Directive should be considered to fall under the jurisdiction of the Member State in which they are established. However, providers of public electronic communications networks means a public electronic communications network as defined in Article 2, point (8), of Directive (EU) 2018/1972; or providers of publicly available electronic communications services means an electronic communications service as defined in Article 2, point (4), of Directive (EU) 2018/1972; should be considered to fall under the jurisdiction of the Member State in which they provide their services. DNS service providers means an entity that provides: publicly available recursive domain name resolution services for internet end-users; or authoritative domain name resolution services for third-party use, with the exception of root name servers;, TLD name registries, entities providing domain name registration services means a registrar or an agent acting on behalf of registrars, such as a privacy or proxy registration service provider or reseller;, cloud computing service means a digital service that enables on-demand administration and broad remote access to a scalable and elastic pool of shareable computing resources, including where such resources are distributed across several locations; providers, data centre service means a service that encompasses structures, or groups of structures, dedicated to the centralised accommodation, interconnection and operation of IT and network equipment providing data storage, processing and transport services together with all the facilities and infrastructures for power distribution and environmental control; providers, content delivery network means a network of geographically distributed servers for the purpose of ensuring high availability, accessibility or fast delivery of digital content and services to internet users on behalf of content and service providers; providers, managed service providers means an entity that provides services related to the installation, management, operation or maintenance of ICT products, networks, infrastructure, applications or any other network and information systems, via assistance or active administration carried out either on customers’ premises or remotely;, managed security service providers means a managed service provider that carries out or provides assistance for activities relating to cybersecurity risk management;, as well as providers of online marketplaces means an online marketplace as defined in Article 2, point (n), of Directive 2005/29/EC of the European Parliament and of the Council (^31^); Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (Unfair Commercial Practices Directive) (OJ L 149, 11.6.2005, p. 22)., of online search engines means an online search engine as defined in Article 2, point (5), of Regulation (EU) 2019/1150 of the European Parliament and of the Council (^32^); Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (OJ L 186, 11.7.2019, p. 57). and of social networking services platforms means a platform that enables end-users to connect, share, discover and communicate with each other across multiple devices, in particular via chats, posts, videos and recommendations; should be considered to fall under the jurisdiction of the Member State in which they have their main establishment in the Union. Public administration entities means an entity recognised as such in a Member State in accordance with national law, not including the judiciary, parliaments or central banks, which complies with the following criteria: it is established for the purpose of meeting needs in the general interest and does not have an industrial or commercial character; it has legal personality or is entitled by law to act on behalf of another entity with legal personality; it is financed, for the most part, by the State, regional authorities or by other bodies governed by public law, is subject to management supervision by those authorities or bodies, or has an administrative, managerial or supervisory board, more than half of whose members are appointed by the State, regional authorities or by other bodies governed by public law; it has the power to address to natural or legal persons administrative or regulatory decisions affecting their rights in the cross-border movement of persons, goods, services or capital; should fall under the jurisdiction of the Member State which established them. If the entity means a natural or legal person created and recognised as such under the national law of its place of establishment, which may, acting under its own name, exercise rights and be subject to obligations; provides services or is established in more than one Member State, it should fall under the separate and concurrent jurisdiction of each of those Member States. The competent authoritiesas defined in Article 46 of those Member States should cooperate, provide mutual assistance to each other and, where appropriate, carry out joint supervisory actions. Where Member States exercise jurisdiction, they should not impose enforcement measures or penalties more than once for the same conduct, in line with the principle of ne bis in idem.