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5 March 2021

Post-Brexit: Information Society Services and the Ecommerce Directive

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Under the EU Directive 2000/31/EC of 8 June 2000 on certain legal aspects of society services, in particular electronic commerce, in the Internal Market (the “Ecommerce Directive”), companies established in any EU Member State are entitled to operate in any country of the EEA whilst only complying with the regulation in the relevant company’s country of establishment, as long as the regulation falls within the coordinated field.

The Brexit transition period expired 1 January 2021. Consequentially, the Ecommerce Directive no longer applies to the UK. When marketing and providing information society services to the UK within the coordinated field, companies established in any EU Member State must therefore ensure that they comply with applicable UK regulation, as they can no longer rely on merely complying with their own national legislation.

Further, companies established in the UK must now comply with the specific national regulation of the EU Member State in which such UK company is marketing or providing information society services.

Pernille Nørkær

Partner

+45 30 37 96 40

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Sarah Veje Rasmussen

Senior Associate

+45 30 37 96 62

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