Electronic Communications Citation, commencement and extent 1 These Regulations— a may be cited as the Electronic Commerce Directive (Trafficking People for Exploitation) Regulations 2013; b shall come into force on the day after the day on which they are made; c extend to England and Wales. Interpretation 2 1 In these Regulations— “ the Directive ” means Directive 2000/31/ EC of the European Parliament and of the Council of 8th June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) ; “information society services”— has the meaning given in Article 2(a) of the Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22nd June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations ); and is summarised in recital 17 of the Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”; “ recipient of the service ” means any person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible; “ relevant offence ” means an offence under— section 59A of the Sexual Offences Act 2003 (trafficking people for sexual exploitation); ... section 4 of the Asylum and Immigration (Treatment of Claimants, etc. ) Act 2004 (trafficking people for labour and other exploitation); section 2 of the Modern Slavery Act 2015. “ service provider ” means a person providing an information society service; and ... 2 For the purpose of construing references in these Regulations to a service provider who is established in an EEA state — a a service provider is established in a particular EEA state , if the service provider— i effectively pursues an economic activity using a fixed establishment in that EEA state for an indefinite period; and ii is a national of an EEA state or a company or firm as mentioned in Article 54 of the Treaty on the Functioning of the European Union ; b the presence or use in a particular place of equipment or other technical means of providing an information society service does not, of itself, constitute the establishment of a service provider; c where it cannot be determined from which of a number of establishments a given information society service is provided, that service is to be regarded as provided from the establishment where the service provider has the centre of its activities relating to the service. Internal market: England and Wales service providers 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Internal market: non-UK service providers 4 1 This regulation applies where a service provider is established in an EEA state ... (a “non-UK service provider”). 2 Proceedings for a relevant offence shall not be instituted against a non-UK service provider in respect of anything done in the course of provision of information society services unless the derogation condition is satisfied. 3 The derogation condition is satisfied where the institution of proceedings— a is necessary for the purposes of the public interest objective; b relates to an information society service that prejudices that objective or presents a serious and grave risk of prejudice to it; and c is proportionate to that objective. 4 The public interest objective means the pursuit of public policy. Exception for mere conduits 5 1 A service provider is not capable of being guilty of a relevant offence in respect of anything done in the course of providing so much of an information society service as consists in— a the provision of access to a communication network; or b the transmission in a communication network of information provided by a recipient of the service, if the transmission condition is satisfied. 2 The transmission condition is that the service provider does not— a initiate the transmission; b select the recipient of the transmission; or c select or modify the information contained in the transmission. 3 Paragraph (1)(b) does not apply if the information is information to which regulation 6 applies. 4 For the purposes of this regulation, the provision of access to a communication network and the transmission of information in the network includes the automatic, intermediate and transient storage of information for the purpose of carrying out the transmission in the network. 5 Paragraph (4) does not apply if the information is stored for longer than is reasonably necessary for the transmission. Exception for caching 6 1 This regulation applies to information which— a is provided by a recipient of the service; and b is the subject of automatic, intermediate and temporary storage which is solely for the purpose of making the onward transmission of the information to other recipients of the service at their request more efficient. 2 A service provider is not capable of being guilty of a relevant offence in respect of anything done in the course of providing so much of an information society service as consists in the transmission in a communication network of information to which this regulation applies if— a the service provider does not modify the information; b the service provider complies with any conditions attached to having access to the information; c in a case to which paragraph (3) applies, the service provider expeditiously removes the information or disables access to it. 3 This paragraph applies if the service provider obtains actual knowledge that— a the information at the initial source of the transmission has been removed from the network; b access to such information has been disabled; or c a court or administrative authority has ordered the removal from the network of, or the disablement of access to, such information. Exception for hosting 7 1 A service provider is not capable of being guilty of a relevant offence in respect of anything done in the course of providing so much of an information society service as consists in the storage of information provided by a recipient of the service if— a the service provider had no actual knowledge when the information was provided that the information was part of the commission of a relevant offence; or b where the service provider subsequently obtained such knowledge, the service provider expeditiously removed the information or disabled access to it. 2 Paragraph (1) does not apply if the recipient of the service is acting under the authority or control of the service provider. Review 8 1 The Secretary of State must from time to time— a carry out a review of these Regulations; b set out the conclusions of the review in a report; and c publish the report. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 The report must in particular— a set out the objectives intended to be achieved by the regulatory system established by these Regulations; b assess the extent to which those objectives are achieved; and c assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation. 4 The first report under this regulation must be published before the end of the period of five years beginning with the day on which these Regulations come into force. 5 Reports under this regulation are afterwards to be published at intervals not exceeding five years. Mark Harper Minister of State Home Office