1. This Directive applies to public or private entities of a type referred to in Annex I or II which qualify as medium-sized enterprises under Article 2 of the Annex to Recommendation 2003\/361\/EC, or exceed the ceilings for medium-sized enterprises provided for in paragraph 1 of that Article, and which provide their services or carry out their activities within the Union.<\/p>\n\n\n\n
Article 3(4) of the Annex to that Recommendation shall not apply for the purposes of this Directive.<\/p>\n\n\n\n
2. Regardless of their size, this Directive also applies to entities of a type referred to in Annex I or II, where:<\/p>\n\n\n\n
(a) services are provided by:<\/p>\n\n\n\n
(i) providers of public electronic communications networks or of publicly available electronic communications services;<\/p>\n\n\n\n
(ii) trust serviceTrust service<\/span> Means an electronic service normally provided for remuneration which consists of:\r\r(a) the creation, verification, and validation of electronic signatures, electronic seals or electronic time stamps, electronic registered delivery services and certificates related to those services, or\r\r(b) the creation, verification and validation of certificates for website authentication; or\r\r(c) the preservation of electronic signatures, seals or certificates related to those services.\r\r- Definition according Article 3, point (16), of Regulation (EU) No 910\/2014<\/span><\/span><\/span> providers;<\/p>\n\n\n\n (iii) top-level domain name registries and domain name system service providers;<\/p>\n\n\n\n (b) the entityEntity<\/span> 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.\r\r- Definition according Article 6 Directive (EU) 2022\/2555 (NIS2 Directive)<\/a><\/span><\/span><\/span> is the sole provider in a Member State of a service which is essential for the maintenance of critical societal or economic activities;<\/p>\n\n\n\n (c) disruption of the service provided by the entity could have a significant impact on public safety, public security or public health;<\/p>\n\n\n\n (d) disruption of the service provided by the entity could induce a significant systemic riskRisk<\/span> 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.\r\r- Definition according Article 6 Directive (EU) 2022\/2555 (NIS2 Directive)<\/a><\/span><\/span><\/span>, in particular for sectors where such disruption could have a cross-border impact;<\/p>\n\n\n\n (e) the entity is critical because of its specific importance at national or regional level for the particular sector or type of service, or for other interdependent sectors in the Member State;<\/p>\n\n\n\n