Recital 10

DSA Recital 10

For an intermediary service to fall within the scope of this Regulation, it should, as a rule, be provided at a distance and by electronic means. This is the case when a service is provided without the parties being simultaneously present, where the service is sent and received by means of electronic equipment for the processing, including digital compression, and storage of data, and where it is entirely transmitted, conveyed and received by wire, by radio, by optical means or by other electromagnetic means. The sale of goods and services online, such as the sale of specific physical products or the provision of specific offline services, are excluded from the definition of intermediary service under this Regulation, as they cannot be provided at a distance and by electronic means. In particular, services such as printing services or transport services, which are provided in the physical world, would not fall within the scope of this Regulation, even where certain arrangements are concluded online, including through an intermediary. The fact that the provision of a service is facilitated by other means in addition to, or in conjunction with, the use of electronic equipment for the processing and storage of data does not necessarily mean that this service falls outside the scope of the concept of intermediary service. That is the case, for example, for intermediary services which are characterised by the use of a digital terminal to communicate with a service provider and other users, but which consists of a service or activity in the physical world, such as the intermediation of drivers for passenger transport services, cleaning or repair services in the physical world, or the provision of accommodation, where the service is ultimately provided in the physical world.