According to the E-Commerce Directive 2000/31/EC, where is the place of “establishment” for a company providing services via an Internet website confirmed by the GDPR?

According to the E-Commerce Directive 2000/31/EC, where is the place of “establishment” for a company providing services via an Internet website confirmed by the GDPR?
A . Where the technology supporting the website is located
B . Where the website is accessed
C . Where the decisions about processing are made
D . Where the customer’s Internet service provider is located

View Answer

Answer: C

Explanation:

The E-Commerce Directive 2000/31/EC provides rules for online services in the EU. One of its key principles is the "country of origin" principle, which establishes that online service providers are subject to the laws of the country where they are established, rather than the laws of the countries where their services are accessed.

The concept of "establishment" under the E-Commerce Directive is closely related to where the company exercises its real and effective activity, especially with respect to decisions about the processing of data. This interpretation is in line with the GDPR, where the establishment is interpreted in terms of where the main decisions about data processing are made.

A, B, and D are not the primary criteria used to determine the establishment. It’s more about where the central administration of the company is or where decisions about the purposes and means of processing are made.