Part 1U.K.Digital Markets

Chapter 2U.K.Strategic Market Status

Power to designate undertaking as having SMSU.K.

3Digital activitiesU.K.

(1)For the purposes of this Part, the following are “digital activities”—

(a)the provision of a service by means of the internet, whether for consideration or otherwise;

(b)the provision of one or more pieces of digital content, whether for consideration or otherwise;

(c)any other activity carried out for the purposes of an activity within paragraph (a) or (b).

(2)For the purposes of this section, a service is provided by means of the internet even where it is provided by means of a combination of—

(a)the internet, and

(b)an electronic communications service (within the meaning given by section 32(2) of the Communications Act 2003).

(3)The CMA may treat two or more activities within subsection (1) that are carried out by a single undertaking as a single digital activity where—

(a)the activities have substantially the same or similar purposes, or

(b)the activities can be carried out in combination with each other to fulfil a specific purpose.

(4)In any notice or other document that the CMA is required to give or publish under or by virtue of this Part, the CMA may describe a digital activity by reference to the nature of the activity, brand names or both.

Commencement Information

I1S. 3 not in force at Royal Assent, see s. 339(1)

I2S. 3 in force at 1.1.2025 by S.I. 2024/1226, regs. 1(2), 2(1)(2)