Recital 25

DSA Recital 25

Where a provider of intermediary services that is established in a third country has a substantial connection with the Union because it offers services to a significant number of recipients of the service in one or more Member States, it should also designate, in writing, a legal or natural person to act as its legal representative in one of the Member States where the provider offers its services. To ensure effective enforcement, providers should not be able to avoid the application of this Regulation by merely indicating that they are established in a third country, where they target the market of the Union. For the purposes of this Regulation, a service should be deemed to target the market of the Union where that service is directed towards recipients of the service who are in the Union. In determining whether a service targets the Union, the decisive criterion should be the intention to offer a service to recipients who are in the Union. That intention could be inferred from various factors, such as using a language generally used in the Member State in which the recipients of the service are located, or enabling an order of products to be delivered to that Member State.