1. Entities falling within the scope of this Directive shall be considered to fall under the jurisdiction of the Member State in which they are established, except in the case of:
(a) providers of public electronic communications networks or providers of publicly available electronic communications services, which shall be considered to fall under the jurisdiction of the Member State in which they provide their services;
(b) DNS service providers, TLD name registries, entities providing domain name registration services, cloud computing serviceCloud 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. - Definition according Article 6 Directive (EU) 2022/2555 (NIS2 Directive) providers, data centre serviceData 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. - Definition according Article 6 Directive (EU) 2022/2555 (NIS2 Directive) providers, content delivery networkContent 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. - Definition according Article 6 Directive (EU) 2022/2555 (NIS2 Directive) providers, managed service providers, managed security service providers, as well as providers of online marketplaces, of online search engines or of social networking services platforms, which shall be considered to fall under the jurisdiction of the Member State in which they have their main establishment in the Union under paragraph 2;
(c) public administration entities, which shall be considered to fall under the jurisdiction of the Member State which established them.
2. For the purposes of this Directive, an entityEntity 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. - Definition according Article 6 Directive (EU) 2022/2555 (NIS2 Directive) as referred to in paragraph 1, point (b), shall be considered to have its main establishment in the Union in the Member State where the decisions related to the cybersecurityCybersecurity ‘cybersecurity’ means cybersecurity as defined in Article 2, point (1), of Regulation (EU) 2019/881; - Definition according Article 6 Directive (EU) 2022/2555 (NIS2 Directive) 'cybersecurity’ means the activities necessary to protect network and information systems, the users of such systems, and other persons affected by cyber threats; - Definition according Article 2, point (1), of Regulation (EU) 2019/881; riskRisk Means the potential for loss or disruption caused by an incident and is to be expressed as a combination of the magnitude of such loss or disruption and the likelihood of occurrence of the incident. - Definition according Article 6 Directive (EU) 2022/2555 (NIS2 Directive)-management measures are predominantly taken. If such a Member State cannot be determined or if such decisions are not taken in the Union, the main establishment shall be considered to be in the Member State where cybersecurity operations are carried out. If such a Member State cannot be determined, the main establishment shall be considered to be in the Member State where the entity concerned has the establishment with the highest number of employees in the Union.
3. If an entity as referred to in paragraph 1, point (b), is not established in the Union, but offers services within the Union, it shall designate a representativeRepresentative Means a natural or legal person established in the Union explicitly designated to act on behalf of a DNS service provider, a TLD name registry, an entity providing domain name registration services, a cloud computing service provider, a data centre service provider, a content delivery network provider, a managed service provider, a managed security service provider, or a provider of an online marketplace, of an online search engine or of a social networking services platform that is not established in the Union, which may be addressed by a competent authority or a CSIRT in the place of the entity itself with regard to the obligations of that entity under this Directive. - Definition according Article 6 Directive (EU) 2022/2555 (NIS2 Directive) in the Union. The representative shall be established in one of those Member States where the services are offered. Such an entity shall be considered to fall under the jurisdiction of the Member State where the representative is established. In the absence of a representative in the Union designated under this paragraph, any Member State in which the entity provides services may take legal actions against the entity for the infringement of this Directive.
4. The designation of a representative by an entity as referred to in paragraph 1, point (b), shall be without prejudice to legal actions, which could be initiated against the entity itself.
5. Member States that have received a request for mutual assistance in relation to an entity as referred to in paragraph 1, point (b), may, within the limits of that request, take appropriate supervisory and enforcement measures in relation to the entity concerned that provides services or which has a network and information systemNetwork and Information System (a) an electronic communications network as defined in Article 2, point (1), of Directive (EU) 2018/1972; (b) any device or group of interconnected or related devices, one or more of which, pursuant to a programme, carry out automatic processing of digital data; or (c) digital data stored, processed, retrieved or transmitted by elements covered under points (a) and (b) for the purposes of their operation, use, protection and maintenance; - Definition according Article 6 Directive (EU) 2022/2555 (NIS2 Directive) on their territory.