What are Information Society Services'? Select the INCORRECT answer

An 'Information Society Service' (ISS), as defined by EU law, is any service normally provided for remuneration, at a distance, by electronic means, and at the individual request of a recipient. The term 'remuneration' is interpreted broadly to include services funded indirectly, for example, through advertising revenue. Therefore, services provided by non-profit or government organizations that involve no economic activity or remuneration (neither direct nor indirect) do not meet the definition of an ISS. Options A, B, and C all describe services that fall within this definition, making option D the incorrect statement.

A. This is a concise and accurate summary of the core definition of an Information Society Service as established in the EU E-Commerce Directive.

B. Services funded indirectly by advertising are explicitly considered to be provided for remuneration and thus qualify as Information Society Services.

C. The definition of an ISS is not limited to consumer services; it also encompasses business-to-business (B2B) services that meet the other criteria.

1. Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 ('Directive on electronic commerce').

Article 2(a) defines 'information society services' by referencing what is now Article 1(1)(b) of Directive (EU) 2015/1535, which states: "...any service normally provided for remuneration, at a distance, by electronic means and at the individual request of a recipient of services."

Recital 18 clarifies that services not directly paid for by the recipient but representing an economic activity (e.g., funded by advertising) are included. This supports why option B is a correct description of an ISS.

2. Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015.

Article 1(1)(b) provides the formal definition of an "Information Society service" as "any service normally provided for remuneration, at a distance, by electronic means and at the individual request of a recipient of services." This directly supports why option A is a correct description and why option D, which lacks remuneration, is incorrect.

3. Twigg-Flesner, C. (2019). A European Law of Contract and Sales: A Case-Based Approach. Intersentia.

In discussions on the scope of the E-Commerce Directive, it is noted that the concept of 'remuneration' is a key element. Services provided without any form of economic consideration, such as purely altruistic or public information portals without advertising, fall outside the Directive's scope. This academic source confirms that the absence of remuneration, as stated in option D, disqualifies a service from being an ISS.