Article 16–Article 17 · 2 articles
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Jurisdiction
1. The Member State of the main establishment of the hosting service provider shall have jurisdiction for the purposes of Articles 5, 18 and 21. A hosting service provider which does not have its main establishment within the Union shall be deemed to be under the jurisdiction of the Member State where its legal representative resides or is established.
2. Where a hosting service provider which does not have its main establishment in the Union fails to designate a legal representative, all Member States shall have jurisdiction.
3. Where a competent authority of a Member State exercises jurisdiction pursuant to paragraph 2, it shall inform the competent authorities of all other Member States.
Legal representative
1. A hosting service provider which does not have its main establishment in the Union shall designate, in writing, a natural or legal person as its legal representative in the Union for the purpose of the receipt of, compliance with and the enforcement of removal orders and decisions issued by the competent authorities.
2. The hosting service provider shall provide its legal representative with the necessary powers and resources to comply with those removal orders and decisions and to cooperate with the competent authorities.
The legal representative shall reside or be established in one of the Member States where the hosting service provider offers its services.
3. The legal representative may be held liable for infringements of this Regulation, without prejudice to any liability of or legal actions against the hosting service provider.
4. The hosting service provider shall notify the competent authority referred to in point (d) of Article 12(1) of the Member State where its legal representative resides or is established of the designation.
The hosting service provider shall make the information about the legal representative publicly available.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
